Agenda 04-01-08
The City of
Boynton Be,ach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
APRIL 1, 2008
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
0
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof DISTRI T I
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
A T BOYNTON BEACH COMMUNITY HIGH SCHOOL
AGENDA
April 1, 2008 6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez
D. National Anthem by the Boynton Beach High School Chorus
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Presentations by Boynton Beach High School students and staff
a. Performance by BBHS Dance Academy
b. PowerPoint Presentation by Principal Kathleen Perry showcasing
current programs and academies and new upcoming programs.
c. Dear Old Boynton High (school anthem) performed by the
Boynton Beach High School Chorus.
*Special Note: Boynton Beach High School Art Students will have their artwork
displayed throughout the auditorium corridors.
Technical lighting and sound provided by the Boynton Beach High
School Drama Academy.
I
Agenda
Regular City Commission
Boynton Beach, FL April 1, 2008
2. Proclamations
a. Fair Housing Month - April 2008
b. Child Abuse Prevention Month - April 2008
c. Water Conservation Month - April 2008
IV. PUBLIC AUDIENCE:
INDMDUAL 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
I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2)
II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2)
IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3)
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2)
IV Ross Code Compliance Board Reg 3 yr term to 12/10 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08
I Weiland Code Compliance Board Alt 1 yr term to 12/08
IV Ross Community Relations Board Alt 3 yr term to 12/10 Tabled (2)
Mayor Taylor Community Relations Board Alt 1 yr term to 12/08 Tabled (2)
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08
III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/08
III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (2)
IV Ross Library Board Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (2)
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2)
B. Request for City Commission to designate a member of the Commission as the
Elected Official Liaison to ICLEI (International Council of Local Environmental
Initiatives)-Local Governments for Sustainability.
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.
2
Agenda
Regular City Commission
Boynton Beach, FL April 1, 2008
A. Minutes
1. Regular City Commission - March 18, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Approve the piggy-back of Manatee County Utilities Bid #07-5835FL for
Siemens Water Technologies to provide chemicals for odor and corrosion
control.
C. Resolutions
1. Proposed Resolution No. R08-038 RE: Approving the
re-authorization and continued funding of the current Florida Forever
program or a successor program that would support Florida communities
Trust.
2. Proposed Resolution No. R08-039 RE: Approving and
recognizing the importance of a western landfill supporting the location in
western Palm Beach County, in accordance with Palm Beach County
Comp Plan, and providing support for the site.
3. Proposed Resolution No. R08-040 RE: Approving and
authorizing execution of an Interlocal Agreement between Palm Beach
County and City of Boynton Beach to accept a $750,000 grant for the SE
Federal Highway Corridor Stormwater Improvements project.
4. Proposed Resolution No. R08-041 RE: Approving and
authorizing the purchase of vacant property owned by Thomas & Michele
Green, Sr., located at 133 NW 10th Avenue for the price of $92,000.
5. Proposed Resolution No. R08-042 RE: Approving and
authorizing execution of Task Order #U08-14-01 for construction
administration services related to the Southeast Federal Highway
Corridor (SEF) Project, in an amount not to exceed $328,390 to Mathews
Consulting, Inc. and an owner's contingency of 10% in the amount of
$32,839 for a total budget appropriation of $361,229.
Proposed Resolution No. R08-043 RE: Approving and
authorizing execution of Amendment #2, to Task Order #U04-16-12 to
Post, Buckley, Shue & Jernigan (PBS&J) to eliminate the construction
related services on the SEF Project. The execution of Amendment #w2
will result in a cost reduction of $241,583.
3
Agenda
Regular City Commission
Boynton Beach, FL April 1, 2008
6. Proposed Resolution No. R08-044 RE: Approving
amendment to Resolution R07-141 to correctly indicate the fee for
disinurnment of cremains from the Mausoleum would be $400 and a
disinurnment of cremated remains from the ground would be $500.
7. Proposed Resolution No. R08-045 RE: Approving and
authorizing execution of a tax credit application on Lot 17 in the
Quantum Corporate Park to assist the Auburn Group in applying for low
income housing tax credits.
D. Approve the recommendation of the Code Compliance Board to abate the
nuisance as provided for in Chapter 2, Section 2-79 (a) for the property located
at 418 NW 13th Avenue.
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: Charter Schools of Boynton Beach, Inc. (USAP 08-001)
AGENT: Douglas B. MacDonald, Managing Member of 1425 Gateway
LLC
OWNER: 1425 Gateway LLC
LOCATION: 1425 Gateway Boulevard
DESCRIPTION: Request for an amendment to the list of approved uses for the
Quantum Park Planned Industrial Development (PID) to include
"Charter Schools" on Lot 21.
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. Discussion of funding electronic agenda software - May 20, 2008
B. Discussion of disposition of Old High School - April 2008 (CRA reviewing in
March)
C. Ocean Avenue - Interstate 95 Project Alternate Access Route Study - April 15,
2008
D. Review new resolution for enclave annexation (Tabled on February 19, 2008)
4
Agenda
Regular City Commission
Boynton Beach, FL April 1, 2008
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 08-005 RE: Approve the
change of the date of the election of municipal officers to the second
Tuesday in March, changing the date of run-off elections, changing the
date for taking office and amending sections 15, 138, 139 and 141 of the
Charter and section 2-1.2 of the Code of Ordinances as appropriate.
C. Ordinances - 1st Reading
None
D. Resol utions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Motion to approve the final recommendations put forth by the American
Assembly Implementation Sub-Committees, as they directly correlate to the
American Assembly Policy Statement Action Items.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT 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 3/26/07
S: \CC\ WP\CCAGENDA \AGENDAS\yEAR 2008\040108. DOC
5
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be ::.2
Commission Meetinq Turned in to City Clerk's Commission Meetinq Turned in to Cittslerkrs:-~
Dates Office Dates Office -T"I ~ 0
f"T1 .._> ..."
CO '
D December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (~n) ~~
--J ;7';J -<
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D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19, 2008 (~on)~~
:x o~
D January 15,2008 December 31, 2007 (Noon) D March 18.2008 March 3, 2008 (Nod; ~;
-rTl
1'0) ":>
D I'V'I 0 rTl("')
February 5. 2008 January 14,2008 (Noon) k::::,I April 1, 2008 March 17. 2008 (Noon) :x::
~ Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
Code Compliance & Legal
D Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: For the Mayor to proclaim the Month of April as "Fair Housing Month" in the City
Of Boynton Beach.
EXPLANATION: See attached Exhibit "A".
PROGRAM IMPACT: N/ A
FISCAL IMPACT: N/A
ALTERNATIVES: Not to make the proclamation.
eb~ ~~
Depar ent He d's Signature City Manager's Signature
Assistant to City Manager ~
Department of Development
Community Improvement Division
Department Name City Attorney / Finance
S:\Community Improvement\Agenda Requests\2008\CC04-01 FairHsgProc.doc
I
The strength of our nation, and all of its states, flows from the promise of individual
equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all
Americans under Title VIII of the 1968 Civil Rights Law, the struggle against
discrimination in housing continues.
The anniversary of the enactment of Title VIII during the month of April is an occasion
for Americans, individually and collectively, to rededicate themselves to the principle of
freedom of choice and to participate in efforts to eliminate vestiges of housing
discrimination wherever they occur. Since fair housing is consistent with the principle of
quality and justice for all, we all need to share in the fight to ensure fair housing is a
reality for all residents.
Fair housing is the policy of the City of Boynton Beach, and implementation of that policy
requires positive commitment, involvement and support of all our citizens. The City will
continue to provide the necessary leadership to make fair housing not just an idea but an
ideal for all our residents through our continued partnership with the Fair Housing Center
of the Greater Palm Beaches.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, hereby proclaim April 2008 as:
Fair Housing Month
and urge all citizens to join the efforts to reaffirm fair housing opportunities for all
people.
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 1st day of April,
Two Thousand Eight.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
III._ANNOUNCEMENTS &. PRESENTATIONS
Item C.2.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
0 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15, 2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) ~ April 1, 2008 March 17,2008 (Noon)
~ Announcements/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Present Proclamation
EXPLANATION: April is Child Abuse Prevention Month. The HUGS for Kids organization began helping parents and
children in Palm Beach County is 1988 and is the largest service provider in a federation of nearly 100 independent Exchange
Club Child Abuse Prevention Centers in 29 states. The organization works to prevent child abuse and neglect by providing
education and support to strengthen families through a combination of individually tailored, weekly in-home parenting
education and support services.
PROGRAM IMPACT: Will raise public awareness of child abuse and neglect and the important work of this organization.
FISCAL IMP ACT: None
AL TERNA TIVES: Not present Proclamation
Cu{~Ab p~ ~ i6L~
epartment ad's S ature City Manager's Signature
Assistant to City Manager (}MI/
Public Affairs
Department Name City Attorney I Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Proclamation
Child abuse and neglect occur in all segments of our society. The risk factors are greater in
families in which parents seem to be having economic, housing or personal problems: are
isolated from their families or community: have difficulty controlling anger; abuse alcohol or
drugs; have little or no education; or were abused or neglected as children. Prevention is the
key to lowering both the maltreatment rate and reducing the need to place children in foster
care.
HUGS for Kids began helping parents and children in Palm Beach County in 1988. It has
grown from serving 42 families in 1989-1990 to serving more than 4,800 families in 2007 and
is the largest service provider in a federation of nearly 100 independent Exchange Club Child
Abuse Prevention Centers in 29 states. The mission of HUGS for Kids is to prevent child
abuse and neglect by providing education and support to strengthen families. Through a
combination of individually tailored, weekly in-home parenting education and support
services, HUGS for Kids addresses the issues that place parents at risk of abusing or
neglecting their children. HUGS for Kids also provides services to pregnant women and
continues to serve families with children up to the age of 13-years-old.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, Florida, hereby proclaim the month of April 2008 as:
Child Abuse Prevention Month
in Boynton Beach and urge all citizens to recognize and support the important work carried on
by HUGS for Kids in preventing child abuse and neglect.
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 1 st day of ApriL two thousand
and eight.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2.c
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
o December 18, 2007 December 3. 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19.2008 (Noon)
o January 15, 2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) [8J April 1, 2008 March 17,2008 (Noon)
[8J Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: We recommend recognizing April 2008 as Water Conservation month in accordance with
the American Waterworks Association, A WW A.
EXPLANATION: Water conservation is a critical component of our water supply strategy. Water conservation
benefits the City, the Community and the environment by promoting intelligent, thoughtful use of this limited
resource.
PROGRAM IMP ACT:
FISCAL IMPACT: (Include Account Number where funds will come from)
AL TERNA TIVES:
l~Q( · L--. I'r ~ ~ . ~g~brr'
Department Head's Signature
Assistant to City Manager ~
tY\"\.....~\t~
Department Name City Attorney / Finance
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM-DOC
PROCLAMA TION
Although we are surrounded by water, most is not drinkable. In fact. only three
percent of the world's water is fresh water. Of this, two-thirds is stored in ice caps and
glaciers, which leaves only one percent of the world's water available for drinking.
Seven years ago, the Florida Section of American Water Works Association declared
the month of April as Water Conservation Month. The state has experienced
tremendous growth in population and tourism and typically experiences drought-like
conditions during the spring of the year. Therefore, April was set aside to educate
citizens about how they can help save Florida's precious water resources.
The purpose of commemorating Water Conservation Month is to bring awareness for
the need to conserve water not only during the spring of the year but all year long.
Recognizing that water conservation can promote a healthy economy and community.
the City of Boynton Beach Utilities Department has been at the forefront In
encouraging and supporting water conservation.
Every business, industry, school and citizen in Boynton Beach has a responsibility
when it comes to conserving water. The good news is that everyone can make a
difference without all that much effort. Thanks to new ideas, products and
technologies, everyone has the opportunity to use less water than ever before.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida. hereby proclaim April 2007 as:
Water Conservation Month
in Boynton Beach and urge all citizens to help protect our precious resource by
practicing water saving measures and becoming more aware of the need to save water.
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 1 st day of ApriL
two thousand and eight.
Jerry Taylor, Mayor
City of Boynton Beach
ArrEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
V. ADMINISTRA TlVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 04/01/08
Last Name First 1 st Choice 200 Choice 3ro Choice
Name
Dwork Jonathan Planning & Dev. Bd.
Himmelbaum Canaan Community Relations Code Compliance Education & Youth
Bd. Bd. Adv. Bd.
Norfus Victor Planning & Dev Bd.
,
1
V. ADMINISTRATIVE
ITEM 8.
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 December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) r8J April I, 2008 March 17, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF r8J Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Request that the City Commission appoint a member of the Commission to act in the
capacity of Elected Official Liaison required for the city's membership in ICLEI (International Council of Local
Environmental Initiatives) - Local Governments for Sustainability.
EXPLANATION: ICLEI-Local Governments for Sustainability is a membership association of local governments
committed to advancing climate protection and sustainable development. Since its inception in 1990, ICLEI has
grown to include nearly 1,000 cities in the world, more than 350 of which are in the United States. The ICLEI USA
mission is to build, serve and drive a movement of local governments to advance deep reductions in greenhouse gas
emissions and achieve tangible improvements in local sustainability. The City of Boynton Beach Green Task Force is
aware that a member of the Commission would be favorable to receiving this appointment and we request that the
City Commission designate a Commissioner for membership in ICLEI.
The role of the Elected Official Liaison would be to:
. Keep the elected body aware of progress made by the local government in reducing greenhouse gas emissions
and implementing sustainability plans.
. Inform elected and appointed officials of grant, financing and recognition opportunities.
. Help motivate local government personnel and community members to accomplish climate protection goals.
. Participate in ICLEI training workshops.
. Report on the jurisdictions' progress as it achieves ICLEl's Five Milestones for climate protection.
. Help build and maintain support for ICLEl's mission and goals.
Support that the Elected Official Liaison would receive from ICLEI includes:
. Notification of grant, financing, and promotion opportunities.
. Periodic updates on global warning science and policy news.
. ICLEI publications that summarize best practice examples and highlight successful emissions reduction
policies and programs.
. Invitations to ICLEI regional, national, and international workshops and events, which often include tailored
sessions focused on supporting the elected official's role in doing emissions reduction work.
. Registration discounts and, when available, travel lodging subsidies for ICLEI events.
. Support in publicizing climate protection successes such as talking points and customizable press releases.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: There are a wealth of benefits and advantages to becoming a member of ICLEI. We would
receive access to the following products and services:
. Clean Air Climate Protection (CACP) Software and training. Web-based trainings and on-call technical
assistance. This software would allow us to scientifically calculate the carbon footprint of the city and effectively
report those findings.
. Tools, publications and other resources. Including case studies, best practices, tool kits, templates, and
customizable presentation materials.
. Performance-Based Campaigns and Initiatives. This would ensure that we have a solid foundation from which to
establish benchmarks, track progress and achieve goals.
. State, Regional, National and International Peer Networking. We would have direct access to ICLEI's growing
global network of local governments actively implementing climate protection and sustainability initiatives with
proven results.
. Technical, policy and communications expertise and assistance. Assistance in conducting our baseline emission
inventories and emission forecasts. Quantification of emission reductions. Opportunity to join other local
governments to affect policy at the regional, state and national levels. Assistance with media and public outreach to
communicate strategies, educate and demonstrate achievements.
. Annual training and leadership events. Invitations and discounted rates to exclusive regionaL national and
international events.
. Recognition and Awards. Opportunity to be recognized publicly for our achievements on a local, national and
international level.
. Representation. Members are assured a voice at the table of top-level international meetings through ICLEI's
official role as local government representative at the United Nations Framework Convention on Climate Change
and as Local Government Major Group Coordinator at the United Nations Commission on Sustainable Development.
FISCAL IMPACT: The annual membership fee for ICLEI, based on city population, is $1,200 and is available in
Development Department Account No. 001-2411-524-54-20.
AL TERNA TIVES: Not to appoint a member of the Commission as the Elected Official Liaison to ICLEI. This would
disallow the city's membership in the organization.
L~~~
City Manager's Signature
Assistant to City Manager _ ~
City Manager's Office
- -.--. .----- ~
Department Name City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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inaugural conference, the World Congress of Local Governments
for a Sustainable Future, at the United Nations in New York.
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ICLEI Global: what we do Pa2e 1 of 3
ICLEI What we do Search
worldwide
member login ICLEI is a democratic, international association of local
governments and national and regional local government I
organizations that have made a commitment to sustainable I Search no\'
about us development.
who we are As a movement, ICLEI develops and runs a broad range of
what we do campaigns and programs that address local sustainability issues
advocacy while protecting global common goods (such as air quality, climate,
water), and link local action to internationally agreed goals and
mem ber targets. We help local governments generate political awareness of
services key issues; establish plans of action towards defined, concrete,
programs measurable targets; work towards meeting these targets through
FAQs the implementation of projects; and evaluate local and cumulative
progress toward sustainable development.
As the international sustainable development and environmental
agency for local governments, ICLEI provides information, delivers
training, organizes conferences, facilitates networking and city-to-
city exchanges, carries out research and pilot projects, and offers
technical services and consultancy.
_ ___.~_____.____.___,_.________._..u_.. __ .____,__.._____ __ _ ____.____.___...._.._._~_._~_.__.___.._____._______...m_____'_____.___.._____.._ --
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F AQs - ICLEI Local Governments for Sustainability USA Page 1 of 5
FAQs
Frequently Asked Questions about ICLEI-Local Governments for
Sustainability
What is ICLEI?
rCLEI- Local Governments for Sustainability (ICLEI) is a membership association oflocal
governments committed to advancing climate protection and sustainable development. Since its
inception in 1990, ICLEI has grown to include nearly 1,000 cities in the world, more than 350 of which
are in the United States.
At ICLEI USA our mission is build, serve, and drive a movement oflocal governments to advance deep
reductions in greenhouse gas emissions and achieve tangible improvements in local sustainability.
What does ICLEI stand for?
Formerly the International Council for Local Environmental Initiatives, the organization is now
officially ICLEI - Local Governments for Sustainability.
Is ICLEI just in the United States?
rCLEI USA is part of an international organization with staff and members around the world. Learn
more about the incredible work of our global colleagues at www.iclei.org.
Who can join ICLEI?
Any local government entity can be a full members of ICLEI, including cities, towns, counties,
parishes, planning regions, native communities and special service entities (bodies governed and
created by local governments to provide specific limited services such as water, transportation or
power delivery). Learn more about ICLEI membership and how anyone can get involved.
How do youjoin ICLEI?
Step 1: Complete a membership application designating primary elected official, staff official,
and media liaison to be the primary points of contact with ICLEI on a variety of issues, resources and
opportunities.
Step 2: Pay first installment of annual dues upon receipt of an invoice from ICLEI, along with
your application or online.
Step 3: Adopt a resolution to participate in rCLEr within the first six months of membership in
order to affirm your community's commitment to climate protection work. Each member is
encouraged to modify the resolution to match local circumstances and priorities.
Step 4: Get started with your climate protection work by involving stakeholders, publicizing
your membership, and starting work on Milestone 1 - the inventory of energy use and emissions.
How much does ICLEI membership cost?
rCLEI membership dues are based on jurisdiction's population size. See our Dues Structure.
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FAQs - lCLEl Local Governments for Sustainability l.JSA Page::: or 5
Can ICLEI come and talk to my Mayor/Town Manager/County Executive/Other Elected
Official or Local Government Body?
rCLEr is happy to meet with local officials when such visits coincide with other work in the area. reLET
can also participate in online meetings and telephone conversations.
Who is my ICLEI contact?
Each region o{the country is assigned a staffliaison at TCLEI. Find out who serves your region.
How many cities, town and counties are ICLEI members?
As o{ February 2008, about 375 cities, towns and counties in the United States are ICLEI members.
There are approximately 800 members worldwide.
How much staff time does being an ICLEI member require?
An rCLEr Staff Liaison {rom the energy, planning, public works or other department integrates their
climate protection and sustain ability work with ongoing department activity. The time requirement
varies depending on the size and complexity of the local government, the pace at which the community
chooses to address the milestones, and the involvement o{ community members.
Where do small communities who don't have the luxury of a "sustainability
coordinator" start?
Small cities can start by creating a volunteer Sustainable Development Commission to bring together
elected leaders, city staff, local business and community leaders and citizens to create a vision for \vhat
this broad term means in your community. In other cities these "visioning" or "stakeholder" processes
have focused on promoting and developing sustainable business, environment and social justice
programs (or combinations of all three). In many cities, city staff also forms an internal "green" team
to bring together department heads from Administrative, Public Works, Environment, Facilities,
Budget, Economic Development, Planning, Social Services, Parks, etc. to share ideas about how to
improve internal operations to make them more consistent with environmentally sound practices.
What is the difference between the Mayors' Climate Protection Agreement and ICLEI?
While there are a number of points of connection between the Mayors Climate Protection Agreement
(MCP A) and ICLEI - \ve are distinct organizations and entities. ICLEI is a membership association of
local governments advancing greenhouse gas reductions and sustain ability. ICLEI provides the
framework and technical assistance for local governments to create comprehensive climate protection
policies. The MCPA is a program of the US Conference of Mayors. By signing the MCPA, a mayor sets a
target for his/her city's climate protection efforts. rCLEI works closely with the Conference of Mayors
to help cities who have signed the agreement work towards meeting the goals of the Agreement. Learn
more about the Mayors Agreement.
\\That is the Cities for Climate Protection Campaign?
ICLEI's work on climate mitigation - reducing greenhouse gas emissions - is often couched under the
umbrella of our Cities for Climate Protection @ campaign. This is rCLEI's flagship program designed
to educate and empower local governments worldwide to take action on climate change. It is a
performance-based campaign that offers a framework for local governments to reduce greenhouse gas
emissions and improve livability \vithin their municipalities.
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F AQs - ICLEI Local Governments for Sustainability USA Page 3 of5
What is the Five Milestone Process?
As part of our climate mitigation work is the Five Milestone to assist US local governments in
developing and implementing harmonized local approaches for reducing global warming and air
pollution emissions, with the additional benefit of improving community livability.
The Five Milestones are:
1. Conduct a baseline emissions inventory and forecast
2. Adopt an emissions reduction target
3. Develop a Local Climate Action Plan
4. Implement policies and measure
5. Monitor and verify results
What does the emissions analysis software do?
The Clean Air Climate Protection (CACP) software is an important tool to that helps local governments
create greenhouse gas inventories, quantify the benefits of reduction measures and formulate local
climate action plans. There are more than 1000 registered users of CACP including government staff
in cities, counties, townships, regional planning districts, air quality authorities, universities,
consulting firms, numerous state government agencies and the U.S. Environmental Protection Agency.
CACP translates information on energy used and waste generated and other activities into the
quantities of greenhouse gases. The layout of the software provides a clear template to consider the
various sectors of the both government operations and the larger community. This framework has
been used by hundreds oflocal governments and allows users to make meaningful comparisons to
peer communities.
Additional modules in the software allow users to translate enacted or potential changes in energy use
or waste generation into quantified reduction measures with defined benefits. CACP provides users
with a standardized methodology to report the impact that their actions are having. Local governments
can add up the benefits of these individual measures to populate a local action plan that will achieve
their climate protection goals.
flow do local governments inventory their greenhouse gas emissions?
ICLEI provides forms for collecting data and software for conducting the emissions inventory. The
software is called Clean Air Climate Protection (CACP). The software computes emissions numbers as
well as co-benefits related to cost savings and criteria air pollution prevention. ICLEI provides regular
online trainings on how to use CACP and provides on-call technical support on the use of the software
to ICLEI members and members of our partner organizations. The resulting inventory is a valuable
resource for planning new activities and serves as a baseline for measuring progress.
flow do I get a copy of the CACP Software?
CACP Software is available for free to ICLEI member governments as well as members of our partner
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FAQs - rCLEr Local Governments for Sustainability USA Page .:+ of 5
organizations (the National Association of Clean Air Agencies, the National Association of State
Energy Officials and the national Association of Regulatory Utility Commissioners). ICLEI may
provide CACP to other parties as well. To get more details or to register to download the software visit
WVv\v.cacpsoftware.org.
How do local governments set emissions reductions targets?
The most important things to consider in establishing reduction targets are that the target should be
measurable and there should be accountability in the near term. Many governments establish long
term goals; ICLEI encourages taking a long view, but it is important that these goals be given a sense
of urgency by creating benchmarks or interim targets along the way. For example a target set for the
year 2025 could include a percentage of the target to be achieved each year between now and then, or
could have interim targets set at 5 year intervals.
Targets should be defined as a reduction from a base year by a given year; for example 20% below
2000 levels by 2020. Different targets can be set for municipal operations and for the community as a
whole.
In establishing the magnitude of reduction target and the timeline, ICLEI encourages our members to
set targets that are both achievable and ambitious. Local governments should consider:
. Expected changes over the target period such as population gro\\rth and changes in energy
consumption per capita;
. Goals established by other levels of government (most commonly state governments);
. Goals established by peer communities;
. The G H G reduction measures that have already been implemented locally;
. The range and expense of possible or proposed new GHG reduction measures;
. The reductions that science tells us are necessary to prevent the most catastrophic effects of
climate change.
How do local governments develop climate action plans?
Cities, towns and counties use ICLEI resources to work through the milestone process, including
guidebooks, case studies and sample action plans from other local governments in the ICLEI network.
CACP soft\'\'are can help to quantify the expected benefits of specific measures so that governments can
develop a plan that can be expected to achieve a particular target.
How long does it usually take a municipality to complete an emissions inventory?
Com pleting and inventory depends upon anum ber offactors including the scope of the project
(government operations, community or both), the size and complexity of the government, the quality
and accessibility of the existing records and the level detail in the data being gathered. A good point to
start the estimation is that many emissions inventory have been completed by an intern working full
time for approximately 10 weeks, or 300-500 hours of entry level staff time.
What is the Climate Resilient Communities Campaign?
In 2005-2007, ICLEI operated a Climate Resilient Communities program to help local governments
throughout the U.S. improve their resiliency in the face of increasing climate disruptions and
catastrophes that stem from global warming. The pilot program was funded by the National Oceanic
and Atmospheric Administration (NOAA) and including the following communities: Ft. Collins,
Colorado; Homer, Alaska; Keene, New Hampshire; and Miami-Dade County, Florida. ICLEI st111
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F AQs - ICLEI Local Governments for Sustainability USA Page 5 of 5
provides climate adaptation support to these communities as they continue to be national leaders on
climate adaptation.
What is ICLEI's relationship with the Sierra Club and Cool Cities/Cool Counties?
ICLEI and the Sierra Club have partnered to assist local governments in reducing greenhouse gas
pollution. The Sierra Club urges local governments to join ICLEI to obtain the necessary technical
support. In a number of cases Sierra Club volunteers have developed emissions inventories and local
climate action plans on behalf of or in collaboration with their local government. In other cases Sierra
Club members have served in an advisory capacity either formally on a board or commission or
informally as knowledgeable and active community members. Learn more about Cool Cities or Cool
Counties.
What is the Star Communities Index?
The STAR Community Index is a new tool designed to help local governments plan, track and measure
their sustainability programs. Inspired by the U.S. Green Building Council's (USGBC) LEED @ Green
Building Rating System TM. The STAR program will create a process, as LEED has done, to bring in
leaders in the field toward the goal of establishing shared measures and processes for greening
communities. STAR will include tiered levels with classification based on actions achieved consistent
with a given level.
Is ICLEI developing a new, on-line emissions analysis tool?
ICLEI USA, partnership with the Clinton Foundation and Microsoft, is developing an internet-based
software tool for local governments to accurately calculate their greenhouse gas emissions, track
progress and support global comparative analysis between local government users. The new software
builds upon and will be compatible with ICLEI's earlier software including the widely used Clean Air
Climate Protection (CACP) software and the multinational Harmonized Emissions Analysis Tool
(HEAT).
http://www.iclei-usa.org/about-iclei/faq 3/18/2008
VI.-CONSENT AGENDA
ITEM B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 18, 2007 December 3,2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 3 1,2007 (Noon) D March 18,2008 March 3, 2008 (Noon)
D February 5, 2008 January 14, 2008 (Noon) !:8J April I, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM !:8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve piggy-back of Manatee County Utilities Bid #07-5835FL for Siemens Water
Technologies to provide chemicals for odor and corrosion control.
EXPLANATION: The Wastewater Pumping & Collection section uses hydrogen peroxide and other chemicals to control
odor emissions from lift stations 712,801,315,316,919,920,610, and 927. These odors are caused by the formation of
hydrogen sulfide coming from the lift station wet well. Hydrogen peroxide controls the formation of hydrogen sulfide; and
thus, controls the odors.
PROGRAM IMPACT: The estimated expenditures for the remainder ofthe year are $130,287.70. To date, we have spent
$64,450 on chemicals out of a budget of $200,000.00
FISCAL IMPACT: Funds are available in account #401-2816-536-52-35.
AL TERNA TIVES: The Utilities Department could call around for quotes or go out for bid. Utilizing the piggy-back method
on the Manatee C ty Utilities Bid saves the department time and money and pro des the lowest cost. The bid also provides
altemativ~ chemic Is to hydrogen peroxide at a lower cost.
K' .'..' .- 'r~
....
Department Head's Signature City Manager's Signature
~ Assistant to City Manager ~
!gtj,1
City Attotey / Finance
Xc: Michael Low\ta>-'1....
Pete Mazzella -z,\ S ~
J. J. ~ Barb Conboy
"'<a- Tony Lombardi
Gorge Peck
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM DOC
- -.
(Itl(t L'... It/
SIEMENS Water Technologies
Telephone 1 (941) 355-2971
Siemens Water Technologies. 2650 Tallevasl Rd.. Sarasota. Fl 34243 Fax 1 (941) 351-4756
Internet www.siemens.com/water
SIEMENS WATER TECHNOLOGIES
RESPONSE TO
MANATEE COUNTY UTILITIES
RFP #07 -5835FL
ODOR AND CORROSION CONTROL SERVICES
SUBMITTED APRIL 10, 2007
AP~~
Robert Tatum, P.E.
Senior Vice President, Odor Control Segment
SIEMENS Water Technologies
~ Telephone 1 (941) 355-2971
Siemens Water Technolooies, 2650 Tallevast Rd.. Sarasota. FL 34243 Fax 1 (941) 351-4756
Internet www.siemens.comlwater
April 10, 2007
Mr. Frank Lambertson, Contracts Negotiator
Manatee County Financial Management Department, Purchasing Division
1112 Manatee Ave. West, 8th Floor
Suite 803
Bradenton, FL 34205
RE: REQUEST FOR PROPOSAL NO. 07.5835FL
ODOR AND CORROSION CONTROL SERVICES
Dear Mr. Lambertson:
Siemens Water Technologies Odor Control Group sincerely appreciates the opportunity
to participate in the above-referenced Request for Proposals. Siemens Water
Technologies Corp. provides odor and corrosion control products and services to water
. and wastewater utilities around the world from our Odor Control Group headquarters
right here in Manatee County. We are pleased to be a valued partner of our hometown
utility and we are proud to be a part of what makes Manatee County such a great place
to live.
For over 25 years Siemens Water Technologies Corp. has successfully helped Manatee
County control wastewater odors and protect wastewater infrastructure from corrosion.
Together, our prompt and thorough response to odor and corrosion issues has
maintained customer and neighbor satisfaction and protected the integrity of the
wastewater collection system. As partners, we have avoided the high profile odor and
infrastructure failure events that have affected other utilities.
Our partnership has also provided benefits to Manatee County and to Siemens through
technical innovation. Because of our relationship and the proximity of our headquarters
to Manatee County facilities, many Siemens Water Technologies innovations are first
applied here, giving Manatee County the first benefit of improved perfonnance and
reduced costs of treatment. The benefits of this partnership were recently recognized
by the Water Environment Federation which selected a technical paper co-authored by
Manatee County and Siemens personnel for presentation at WEFTEC 2007 in San
Diego, California. This paper will share with the international wastewater community the
innovative work on digester sulfide control conducted by Manatee County and Siemens
at the Southwest Water Reclamation Facility.
-
SIEMENS
~ We at Siemens Water Technologies are constantly striving to improve our products,
service, and overall value to Manatee County. As you review our proposal, we would
like to encourage you to pay special attention to the following items which we feel add
particular value to Manatee County:
. Since our last proposal in 2003 costs have increased dramatically, particularly
those of petroleum-based raw materials used in our polyethylene and FRP
process equipment and fuel needed for service and chemical delivery vehicles.
Despite these cost increases, we have made every effort to minimize the cost
impact on Manatee County. The pricing we have proposed includes a volume
discount off of our list pricing, based on our sales volume with the County.
Based on current Manatee County expenditures with Siemens Water
Technologies, the County's volume is over double that which is required to
remain in the pricing range proposed. However, in the event the County's
volume should drop below the threshold values, additional surcharges would
apply. Please see Section 11, Cost Summary, for details.
. In the past, we have offered pricing for vapor-phase odor control devices on a
product/technology basis (i.e., price X for a chemical scrubber, price Y for a
biofilter, etc.). In an effort to provide greater flexibility to Manatee County, we
have included pricing on an application basis (i.e., price based on air flow rate
and sulfide loading). This gives greater flexibility to apply the Best Available
Control Technology (BACT) to each application and provides the ability to easily
,"" apply new technOlogies as they become available.
. The Request for Proposal document has no pre-defined contract term. Siemens
proposes that the contract be subject to indefinite annual renewals by mutual
consent of both parties with all contract prices adjusted annually in accordance
with the Consumer Price Index (CPI).
Thanks again for the opportunity to be of service, Mr. Lambertson. We eagerly look
forward to a continued partnership with Manatee County. Should you have any
questions regarding our proposal or if I can be of assistance in any way, please do not
hesitate to call me at 928-0453.
Sincerely,
SIEMENS WATER TECHNOLOGIES CORP.
~ ~ . .
Vaughan Harshman, P.E.
Sales Representative
Enc!.
,.
SIEMENS
,.. Table of Contents
Section Description
~"..'4._.___.._..."'.__..__."'_._'..U___._._......."___._.._....._......____..._____.... ......---...........---...........
1 Administrative Submittal
2 References
3 Minimum Qualifications & Background
4 Key Personnel
5 Project Organizational Chart
6 Odor & Corrosion Control Processes
7 Service & Maintenance Program
8 Sample Reports
9 Safety Plan
10 Warning Notices
...
11 Cost Summary
12 Additional Information
~.
,..
REQUEST FOR PROPOSAL #07-5835FL
ODOR AND CORROSION CONTROL SERVICES
Manatee County, a political subdivision of the State of Florida (hereinafter "Manatee County" or the
"County") will receive proposals from individuals, corporations, partnerships, and other legal entities
authorized to do business in the State of Florida, for the purpose of providing Odor and Corrosion
Control Services for the Utility Operations Department.
TIME AND DATE DUE: Proposals will be received until 4:00 p.m., Tuesday, April 10,2007, at
which time they will be publiclv opened. All interested parties are invited to attend this opening.
CONTENTS OF TH1S REQUEST FOR PROPOSAL:
Section A: Information to Proposers pages 2 - 8
Section B: Form of Proposal pages 9 - 10
Section C: Selection page 11
Section D: Negotiation of the Agreement page 12
Section E: Scope of Services pages 13 - 14
Proposal Signature Form page 15
Manatee County Resolution R-93-22 Attachment A
,... Drug Free Work Place Certification Attachment B
Environmental Crimes Certification Attachment C
ImDortant Dote: A prohibition of Lobbying bas been enacted. Please review paragraph
A.I7 carefully to avoid violation and possible sanctions.
FOR INFORMATION CONTACT:
Frank Lambertson, Contracts Negotiator
PHONE (941) 749-3042
FAX (941) 749-3034
Manatee County
Financial Management Department
Purchasing Division
AUTIlORIZED FOR RELEASE: ~ rJ
,..
".. RFP '07.S835FL
Odor & Corrosion Control Services
REQUEST FOR PROPOSAL #07-5835FL
SECTION A: INFORM A TION TO PROPOSERS
PROPOSERS MUST COMPLY WITH TIlE FOLLOWING INSTRUCTIONS TO BE
CONSIDERED FOR SELECTION.
A.OI OPENING LOCATION
These proposals will be publiclv opened at Manatee County Purchasing, 1112 Manatee
Avenue West, 8th Floor, Suite 803, Bradenton, Florida 34205, in the presence of County
officials at the time and date stated on the cover sheet. All Proposers or their representatives
are invited to attend.
A.02 PROPOSAL INFORMA nON Al\.1) PROPOSAL DOCUMENTS
Manatee County Purchasing Division posts notices of bidding or proposal opportunities
and addenda on Onvia DemandStar at http://www.DemandStar.com and on the
Purchasing Division's web page at htto://www.co.manatee.fl.us which can be accessed by
clicking on the "Purchasing" button on the left side of the screen and then clicking on the
"Bids and Proposals" button.
"
Onvia DemandStar has an Agency level subscription option that allows vendors to download
bid or proposal documents and transact business with anyone (1) agency for free. Vendors
will receive em ail/fax notices of the agency's formal bid or proposal and informal quote
opportunities, at no charge. This includes unlimited downloads/print capabilities for all
electronically uploaded files by the agency, at no charge. Agency level subscribers will
receive a complimentary subscription to the agency, to be automatically renewed annually. If
a vendor chooses to increase the number of agencies beyond their single agency, regular
subscription fees will apply. If a vendor chooses to download documents from a bid or
proposal outside their agency, they will be charged a $5 download fee. You can register for
free email notifications and downloads of Manatee County bids, proposals and addenda from
Onvia DemandStar at
htto:1 Ion via. rscO 2. netlservletlwebs i telResoonseFonn?h gO EAOkLLHn LeJ R fl-i gH m LL 9h N gm R.
or call DemandStar at 800-331-5537 if you have any questions.
NOTICE: AUTOMATED NOTICES OF ADDENDA ARE ISSUED ONLY VIA
THE ONVIA DEMANDSTAR "PLANHOLDER" DISTRIBUTION SYSTEM IF
YOU OBTAIN A COpy OF THIS PROPOSAL DOCUMENT FROM OTHER
THAN REGISTERING WITH ONVIA DEMANDST AR WEB SERVICE FOR
THIS SPECIFIC PROPOSAL - YOU SHALL NOT RECEIVE AUTOMATED
NOTIFICA TIONS OF ADDENDA.
r
F:\USER\MC I 084\ WPDocs\RFP\07S835n.rfp.doc 3/5120079;14 AM
2
,... RFP .07-5835FL
Odor & Corrosion Contrul SeNice,
A.02 PROPOSAL INFORMATION A1\TD PROPOSAL DOCUMENTS (Continued)
IT IS THE RESPONSIBILITY OF EACH PROPOSER, PRIOR TO SUBMITTING THEIR
PROPOSAL, TO CONTACT THE MANATEE COUNTY PURCHASING OFFICE (see
contact information on page one) TO DETERMINE IF ADDENDA WERE ISSUED AND TO
MAKE SUCH ADDENDA A PART OF THEIR PROPOSAL.
THE COUNTY DOES NOT MAINTAIN MANUAL LISTS OF POTENTIAL BIDDERS,
NOR DOES THE COUNTY SUPPLEMENT THE DISTRIBUTION OF ADDENDA.
The proposal documents are available in a portable document format (.PDF) files which you
may view and print using Adobe Acrobat software. You may download a free copy ofthis som\'are
(Adobe) from the County's web page if you do not have it.
Paper copies of proposal documents may be purchased from DemandStar or by ordering a copy from
the Purchasing Office. The cost for cODies of bid or proDosal documents is established per document
and the cost is published as part of the specific bid or proposal's detail, subsection "Legal Ad" on the
DemandStar web pages.
Tabulation Sheets and Award DocumentlRecommendations appear on the DemandStar web
~ page.
Notices of Source Selections appear on the DemandStar web page when the solicitation was made
using this bid or proposal delivery service and the County's web page (Financial Management -
Purchasing Division).
A public Internet connection to DemandStar is available during regular business hours in the
lobby of the Purchasing Division. If you have questions which cannot be answered by these sources,
please contact the individual named on the first page of the bid or proposal.
A.03 PROPOSAL FORM DELIVERY REOUIREMENTS
Any proposals received after the stated time and date will not be considered. It shall be the
sole responsibility of the Proposer to have their proposal delivered to the Manatee County
Purchasing office for receipt on or before the stated time and date.
If a proposal is sent by U.S. Mail, the Proposer shall be responsible for its timely delivery to
the Purchasing Office. Proposals delayed by mail shall not be considered, shall not be
opened at the public opening, and arrangements shall be made for their return at the
Proposer's request and expense.
,..
F :\US ERIMC 1 084\WPDocs\RFP\07 583 5 n. rfp.doc 3/5f2oo7 9: 14 AM
3
/1""'" RFP #07.S83SFl.
Odor & Corrosion Control Services
A. 04 CLARIFICA nON & ADDENDA
Each Proposer shall examine all Request for Proposal documents and shall judge all matters
relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or
requests concerning interpretation, clarification or additional information pertaining to the
Request for Proposal shall be made in writing through the Manatee County Purchasing
Office. The County shall not be responsible for oral interpretations given by any County
employee, representative, or others. The issuance of a written addendum is the only official
method whereby interpretation, clarification or additional information can be given.
If any addenda are issued to this Invitation for Proposals, the County will BROADCAST
THE ADDENDA ON ONVlA DEMANDSTAR TO "PLANHOLDERS" IDENTIFIED
ON THIS WEB SERVICE. however, it shall be the resoonsibilitv of each oroposer. prior to
submitting their proposal, to contact the Manatee County Purchasing Office (see contact
information on page I) to determine if addenda were issued and to make such addenda a part
of their proposal.
A.05 SEALED & MARKED
Four (4) signed copies of your proposal shall be submitted in one sealed package, clearly
marked on the outside "Sealed Proposal #07-S835FL" and addressed to:
Manatee County Purchasing
1112 Manatee Avenue West, Suite 803
Bradenton, FL 34205
A.06 LEGAL NAME
Proposals shall clearly indicate the legal name, address and telephone number of the Proposer
(company, firm, partnership, individual). Proposals shall be signed above the typed or
printed name and title of the signer. The signer shall have the authority to bind the Proposer
to the submitted proposal.
A.07 PROPOSAL EXPENSES
All expenses for making proposals to the County are to be borne by the Proposer.
A.08 EXAMINA nON OF OFFER
The examination of the proposal and the Proposer generally requires a period of not less than
ninety (90) calendar days from the date of the opening of the proposals.
r
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A.09 DISCLOSURE
Upon receipt, responses become "Public Records" and shall be subject to public disclosure
consistent with Chapter 119, Florida Statutes.
A.IO RESER VED RlGHTS
The County reserves the right to accept or reiect any and/or all proposals, to waive
irregularities and technicalities, and to request resubmission. Any sole response received by
the first submission date mayor may not be rejected by the County, depending on available
competition and timely needs of the County. The County reserves the right to award the
contract to a responsible Proposer submitting a responsive proposal, with a resulting
negotiated agreement which is most advantageous and in the best interests of the County.
The County shall be the sole judge of the proposal, and the resulting negotiated agreement
that is in its best interest and its decision shall be final. Also, the County reserves the right to
make such investigation as it deems necessary to determine the ability of any Proposer to
perform the work or service requested. Information the County deems necessary to make this
determination shall be provided by the Proposer. Such information may include, but shall
not be limited to: current financial statements prepared by an independent CP A; verification
of availability of equipment and personnel; and past performance records.
,... A.Il APPLICABLE LAWS
Proposer must be authorized to transact business in the State of Florida. All applicable Jaws
and regulations of the State of Florida and ordinances and regulations of Manatee County
will apply to any resulting agreement. Any involvement with any Manatee County
procurement shall be in accordance with Manatee County Purchasing Code Ordinance 99-
37, as amended. Any actual or prospective Proposer who is aggrieved in connection with the
solicitation or award of a contract may protest to the Board of County Commissioners of
Manatee County as required in Section 9-101 of the Purchasing Code. A protest with respect
to this Request for Proposal shall be submitted in writing prior to the scheduled opening date
of this proposal. unless the aggrieved person did not know and could not have been
reasonably expected to have knowledge of the facts giving rise to such protest prior to the
scheduled opening date of this proposal. The protest shall be submitted within seven
calendar davs after such aggrieved person knows or could have reasonably been expected to
know of the facts giving rise thereto.
A.12 CODE OF ETHICS
With respect to this proposal, if any Proposer violates or is a party to a violation of the Code
of Ethics of Manatee County per Manatee County Purchasing Code Ordinance 99-37.
Article 3, Ethics in Public Contracting, and/or the state of Florida per Florida Statutes,
Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such Proposer may
, be disqualified from performing the work described in this proposal or from furnishing the
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Odor & Corrosion Corllrol Services
A.12 CODE OF ETHICS (Continued)
goods or services for which the proposal is submitted and shall be further disqualified from
submitting any future proposals for work or for goods or services for Manatee County.
A.I3 COLLUSION
By offering a submission to this Request for Proposal the Proposer certifies the Proposer has
not divulged to, discussed or compared his proposal with other Proposers and has not
colluded with any other Proposer or partie; to this proposal whatsoever. Also, Proposer
certifies, and in the case of a joint proposal, each party thereto certifies, as to their own
organization that in connection with this proposal:
a. any prices and/or data submitted have been arrived at independently, without
consultation, commwlication or agreement, for the purpose of restricting competition,
as to any matter relating to such prices and/or cost data, with any other Proposer or
with any competitor;
b. any prices and/or cost data quoted for this proposal have not been knowingly
disclosed by the Proposer prior to the scheduled opening directly or indirectly to any
competitor;
c. no attempt has been made or will be made by the Proposer to induce any other person
or firm to submit or not to submit a proposal for the purpose of restricting
competition;
d. the only person or persons interested in this proposal as principal or principals is/are
named therein and that no person other than therein mentioned has any interest in this
proposal or in the contract to be entered into; and
e. no person or agency has been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees.
A.I4 PROPOSAL FORMS
Proposals must be submitted in the format specified in Section B hereof. Additional support
information may be included. Tabs are required to identify each item defined in Section B,
Form of Proposal, thereby facilitating expedient review of all responses.
A.IS PUBLIC ENTITY CRIMES
In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
,... submit a proposal on a contract to provide any goods or services to a public entity, may not
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A.15 PUBLIC ENTITY CRIMES (Continued)
submit a proposal on a contract with a public entity for the construction or repair ofa public
building or public work, may not submit proposals on leases or real property to a public
entity, may not be awarded or perform work as a contractor, supplier. subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 for Category
Two (as of I/O 1/2005 is $25,000) for a period of36 months from the date of being placed on
the convicted vendor list.
A.16 DRUG FREE WORK PLACE
The Manatee County Board of County Commissioners adopted a policy regarding
maintaining a Drug Free Work Place, Resolution R-93-22. Proposers are asked to review the
attached copy of the Resolution and provide either a certification of compliance with the
program outlined in this Resolution or describe your finn's policy or program as it relates to
maintaining a drug free workplace. A Drug Free Work Place Certification is attached to this
proposal for this purpose. This response will be considered with the other criteria described
herein.
A.l7 LOBBYING
~
After the issuance of any Request for Proposals or Invitations for B ids, prospective bidders,
Proposers or any agent, representative or person acting at the request of such bidder or
Proposer shall not contact, communicate with or discuss any matter relating in any way to the
Request for Proposals or Invitation for Bids with any officer, agent or employee of Manatee
County other than the Purchasing Manager or as directed in the Request for Proposals or
Invitation for Bids. This prohibition begins with the issuance of any Request for Proposals
or Invitation for Bids, and ends upon execution ofthe final contract or when the invitation or
request has been canceled. Violators of this prohibition shall be subject to sanctions as
provided in the Manatee County Purchasing Code.
A.18 PUBLIC CONTRACTING AND ENVIRONMENTAL CRlMES CERTIFICATION
In accordance with Ordinance 99-37, adding Article 6, Manatee County Board of County
Commissioners adopted a policy prohibiting the award of County contracts to persons,
business entities, or affiliates of business entities who have not submitted written certifi-
cation to the County that they have not been convicted of bribery, attempted bribery,
collusion, restraints of trade, price fixing, and violations of certain environmental laws. A
Non-Conviction Certification Form is attached for this purpose.
,..
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A.19 EOUAL EMPLOYMENT OPPORTUNITY
Manatee County, in accordance with the provisions of Title VI of the Civil Rights Act of
1964 and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant
to such Act, hereby notifies all prospective Proposers that they will affinnatively ensure that
in any contract entered into pursuant to this advertisement, minority business enterprises will
be afforded full opportunity to participate in response to this advertisement and will not be
discriminated against on the grounds of race, color, creed, sex, age or national origin in
consideration for an award.
A.20 AMERICANS WITH DISABILITIES ACT
The Board of County Commissioners of Manatee County, Florida, does not discriminate
upon the basis of any individual's disability status. This non-discrimination policy involves
every aspect of the County's functions including one's access to, participation, employment,
or treatment in its programs or activities. Anyone requiring reasonable accommodation for
the public meetings specified herein (i.e. Infonnation Conference or Proposal Opening),
should contact the person named on the first page of this document at least twenty four (24)
hours in advance of the activity.
I.
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SECTION B: FORM OF PROPOSAL
This section identifies specific information which must be included with each response.
Each proposal shall be arranged with tabs identifying the response to each specific item.
Proposals must contain:
B.Ol MfNIMUM OUALIFICATIONS
Proposer must have successfully provided odor and corrosion control services for at least
three (3) years in a similar scope identified in this RFP,
B.02 ADMINISTRA TIVE SUB MITT AL
a. Proposal Signature Form.
b. Drug Free Work Place Certification (Attachment B).
c. Public Contracting and Envirorunental Crimes Certification (Attachment C).
B.03 INFORMA TION TO BE SUBMITTED
~ a. Description of the finn's background and size, include a statement of qualifications
that include the firm's professional credentials and experience in providing the types
of services enumerated in this RFP. Also include a summary of the firm's current
workload and evidence to reflect they satisfy the County's requirement.
b. Identify each principle of the finn and the other "key personnel" who -""ill be
professionally associated with the C01.ll1ty. Describe their respective area of
expertise. Include personalized resumes which identify the qualifications, training
and experience of each key personnel.
c. The proposer shall provide a project team organizational chart and describe the level
of involvement anticipated with county staff. Also identify any subcontractors by
listing name, address, point of contact and a telephone number.
d. Describe the latest processes used that are technically proven and most cost effective
means possible.
e. Discuss your service/maintenance program.
f. Provide sample reports of odor and control analysis performed by your firm.
g. The proposer shall provide a detailed description of their safety plan to control the
environment of the work-site during on-site operations.
,.
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Odor & Corrosion Conlrol Scrvi::cs
B.03 INFORMA TION TO BE SUBMITTED (Continued)
h. A list of all warning notices and agreed upon consent actions levied against facilities
within the State of Florida within the last three (3) years you were responsible for.
1. Submit a cost summary for services include: labor rates; equipment/rental equipment;
and required chemicals.
j. Submit any other additional infonnation which would assist the County in the
evaluation of your proposal.
NOTE: The County reserves the right to make such investigation and solicit additional
information or submittals as it deems necessary to determine the ability of any
Proposer to perform the Scope of Services stated in this Request for Proposal.
..
....
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,..
SECTION C: SELECTION
C.01 EVALUAT10N FACTORS
Evaluation factors are orice and perceived ability of the Proooser to perform the Scope of
Services as stated in this Request for Proposal in the most timely and efficient manner, and
the proposal(s) which will overall best meet the needs of Manatee County as determined
from the responses to this Request for Proposal and subsequent investigation by the County.
C.02 RELATIVE IMPORTANCE OF EVALUATION FACTORS
No weight has been assigned to the Evaluation Factors stated above.
C.03 PRELIMINARY RANKING
A Selection Committee may determine from the response to this Request for Proposal and
subsequent investigation as necessary, the Proposers most susceptible of being selected for
award.
C.04 REVIEW OF PROPOSERS AND PROPOSALS
Review shall be conducted with responsible Proposers who may be reasonably susceptible of
,... being selected for award, for the purposes of clarification to assure full understanding of and
conformance to the solicitation requirements, the abilities of the Proposer. and the proposal
submitted.
Firms responding to this Request for Proposal shall be available for presentation/interviews.
to the Selection Committee and/or Board of County Commissioners upon notification from
the Purchasing Office at a time and date determined by the County.
C.05 SELECTION FOR l\TEGOTIA DON
The Proposer whose ability and proposal is determined to be the most advantageous to the
County, taking into consideration the evaluation factors set forth in this Request for Proposal,
shall be recommended to the Board of County Commissioners for authorization to negotiate
an agreement for the stated Scope of Services.
C.06 AWARD
Award ofan agreement is subject to the successful negotiations and the vote of the Board of
County Commissioners to authorize execution of the agreement.
,...
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SECTION D: NEGOTIATION OF THE AGREEMENT
D.OI GENERAL
The following general tenns and conditions apply to the proposal submitted for consideration
and the subsequent negotiations:
a. The proposal will serve as a basis for negotiating an agreement.
b. Upon submission, all proposals become the property of the County which has the
right to use any or all ideas presented in any proposal submitted in response to this
Request for Proposal whether or not the proposal is accepted.
c. All products and papers produced in the course of this engagement become the
property of the County upon tennination or completion of the engagement.
D.02 AGREEMENT
The selected Proposer shall be required to negotiate a fonnal agreement, in a fonn acceptable
to Manatee County.
The Manatee County Board of County Commissioners will be presented the negotiated
II. agreement as the best and final offer for consideration of award and execution. The Board of
County Commissioners shall detennine if award of the agreement is to be: considered;
rejected and direct further negotiations; rejected and terminate negotiations; or accepted,
authorizing the chainnan to execute the agreement.
...
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Odor & Corrosion Control Services
,.. SECTION E: SCOPE OF SERVICES
E.Ol GENERAL OVER VIEW
The intent of the Request for Proposal and resulting contract is to obtain a Contractor to
provide Odor and Corrosion Control Services for the Manatee County Utility Operations
Department, Lift Station and Treatment Plants Divisions. The Contractor shall furnish the
necessary personnel, materials, supplies, transportation, services and otherwise do all things
necessary to provide Odor and Corrosion Control Services. The Contractor shall provide
specific odor/corrosion treatment, related wastewater treatment plant issues/costs,
establishing objectives and monitoring programs for odor/corrosion control treatment.
E.02 GENERAL REOUIREMENTS
a. Contractor shall provide the latest technically proven and most cost effective means
of treatment possible. Contractor shall provide problem definition, treatment
selection and ongoing monitoring process.
b. Contractor shall establish a monthly communication link with County personnel as
determined by the Wastewater Division Manager. The County shall have final
approval of ongoing odor/corrosion control planning and adjustment process as
wastewater collection/treatment systems continue to expand.
r- Contractor shall, based upon treatment and budgetary objectives established by the
c.
Utility Operations Department, refine and adjust the existing odor/corrosion control
program. The program shall include but not be limited to expanding services to
wastewater treatment plants and designated pumping stations, adjusting the
com bination of current odor/corrosion products, and pilot testing additional treatment
techniques as particular situations dictates alternative techniques and more cost
effective programs.
d. Contractor shall provide a service/maintenance program to include routine gathering
of dissolved and atmospheric hydrogen sulfide data using portable and fixed devices
at key monitoring points. The extent of the data collection will be approved by the
Wastewater Division Manager and followed with regular written reports to the
County. Contractor shall provide services that include traffic control, safety
measures for both the public and workers, and shall coordinate all scheduling with
County approval.
e. Contractor shall provide an introductory and organizational seminar regarding its
services and staff members to the County representatives within thirty (30) days after
contract award.
,...
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," E.02 GENERAL REOUIREMENTS (Continued)
f. The Contractor shall hold at least one (l) yearly workshop for a County employees at
a County designated location to describe the latest techniques in the odor and
corrosion control treatment. An agenda and detailed outline of topics for the
workshop shall be provided to the County at least thirty (30) days prior to each
workshop as agreed to by the County.
g. The Contractor shall work with the County in establishing priorities in performing
all work. Contractor shall respond to all calls of odor complaints within six (6) hours.
h. The Contractor shall be completely responsible for the control of the environment of
the work site during on-site operations. All precautions shall be taken by the
Contractor to protect the workers, public and County staff from any exposure to
harmful or hazardous substances within the sewer system and from dangerous work
materials and equipment.
\. Contractor shall be fully responsible for the operation of their vehicles and handling
of all materials related to the odor and corrosion control services at all locations
within the County.
j. Contractor shall be fully responsible for conforming to any and all requirements
... regarding handling, hauling, spill reporting and disposal of chemicals for the control
services provided at each County work site in accordance with OSHA regulations and
those that may be mandated by Federal or State Governments.
k. Contractor shall prepare an annual report detailing the ongoing odor and corrosion
control treatment program and any specific odor and control analysis that has been
performed.
1. Contractor shall inform the County of its planned work schedule and shall afford the
County reasonable opportunity to observe and inspect the Contractor's work in
progress.
m. The Contractor shall provide a safety seminar every six (6) months to selected
County employees describing all safety precautions necessary for odor and corrosion
control chemicals that are in use and copies ofMSDS sheets for those chemicals.
~
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RFP #07-5835FL
Odor & Corrosion Control Services
PROPOSAL SIGNATURE FORM
RFP #07-5835FL
SIEMENS WATER TECHNOLOGIES CORP. Mailing Address:
Firm Name
2650 TALLEVAST ROAD
(941) 355-2971 SARASOTA, FLORIDA 34243
Telephone Number City, State, Zip Code
The undersigned attests to his (her, their) authority to submit this proposal and to bind the firm
herein named to perform as per agreement. If the firm is selected by the County the undersi gned
certifies that he/she will negotiate in good faith to establish an agreement to provide odor and
" ~~~:gtOiliereqUirements O~~5J:/~
Sign e / itness Signature
Date: 4/10/07 Date: 4/10107
ROBERT D. TATUM. SENIOR VICE PRESIDENT SHERI WHALEN, NOTARY PUBLIC STATE OF FL
Name and Title of Above Signer Name and Title of Above Signer
1) s~-..
2650 TALEVAST ROAD ~': :01 MY COMMISSION' 00 359834
~ . EXPIRES: December 25 200l
'" Bonclod Thrv Nclary FW>:~...
SARASOTA. FLORIDA 34243
Address of any branch office
proposed to service Manatee County other than above
VAUGHAN HARSHMAN, TECHNICAL SALES REPRESENTATIVE
Name and Title of Firm's Representative for Manatee County
941-928-0453
Telephone Number of Firm's Representative for Manatee County
,....
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,..
A IT ACHMENT "A"
RESOLUTION R-93-22
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MANATEE COUNTY, FLORIDA,
IMPLEMENTING ~3-101(7)3(1) OF THE MANATEE COUNTY
PROCUREMENT CODE (ORDINANCE 84-02 AS AMENDED)
TO ESTABLISH MINIMUM REQUIREMENTS FOR
BIDDERS WITH RESPECT TO MAINTAINING A DRUG
FREE WORKPLACE; REQUIRING WRITTEN
CERTIFICATION TO THE COUNTY OF COMPLIANCE
WITH THE REQUIREMENTS ESTABLISHED HEREIN;
AND PROVIDING FOR SEVERABILITY AND EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of Manatee County recognizes that
substance abuse is a complex societal problem that continues to threaten the welfare of the residents
and community; and
.. WHEREAS, the Board of County Commissioners considers substance abuse on the job to be
an unsafe and counter-productive work practice; and
WHEREAS, consistent with its policy to promote a safe work environment and encourage
personal health for all citizens of Manatee County, the Commission finds it necessary to combat
substance abuse in the workplace by promoting education and awareness; and
WHEREAS, consistent with the Drug Free Workplace Act (~112.0455, Florida Statutes) and
policies applicable to Manatee County employees pursuant to Resolution R-93-1 0, the Board of
County Commissioners of Manatee County has determined that it is necessary and in the best interest
of the County to adopt the drug free workplace requirements for persons or entities contracting with
Manatee County; and
WHEREAS, ~3-1 0 1 (7)B of the Manatee County procurement Code (Ordinance 84-02, as
amended) authorizes the adoption of requirements for maintaining a drug free workplace applicable
to persons or entities bidding on contracts with Manatee County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Manatee county, Florida, as follows:
1. Certification Required: No person or entity submitting a bid pursuant to ~3-1 0 1
shall be awarded or receive a county contract for public improvements, procurement
of goods or services (including professional services) or a county lease, franchise,
......
,..
concession or management agreement, unless such person or entity has submitted a
written certification to the county that it will provide a drug free workplace by:
a. providing a written statement to each employee notifying such employee that
the unlawful manufacture, distribution, dispensation, possession or use of a
controlled substance as defined in 9893.02(4), Florida statutes, as the same
may be amended from time to time, in the person's or entity's workplace is
prohibited specifying the actions that will be taken against employees for
violation of such prohibition. Such written statement shall inform employees
about:
(i) the dangers of drug abuse in the workplace:
(ii) the person's or entity's policy of maintaining a drug free
environment at all its workplaces, including but not limited to
all locations where employees perform any task relating to
any portion of such contract, business transaction or grant;
(iii) any available drug counseling, rehabilitation, and employee
assistance programs; and
," (iv) the penalties that may be imposed upon employees for drug
abuse violations.
b. Requiring the employee to sign a copy of such written statement to
acknowledge his or her receipt of same and advice as to the specifics of such
policy. Such person or entity shall retain the statements signed by its
employees. Such person or entity shall also post in a prominent place at all of
its workplaces a written statement of it's policy containing the foregoing
clements (i) through (iv).
c. Notifying the employee in the statement required by subsection 1. that as a
condition of employment the employee will:
(i) abide by the terms of the statement; and
(ii) notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such a conviction.
~ 2 <R93-22>
,..
d. At all times pertinent to the performance of any contract with Manatee
County, notify the county within ten (10) days after receiving notice under
subsection c. from an employee or otherwise receiving actual notice of such
conviction.
e. Imposing appropriate personnel action against such employee up to and
including termination; or requiring such employee to satisfactorily participate
in a drug abuse assistance or rehabilitation program approved for such
purposes by a federal, state or local health, law enforcement, or other
appropriate agency.
f. Making a good faith effort to continue to maintain a drug free workplace
through implementation of sections a. through e. of this subsection.
2. Severability. If any part, section, subsection, or other portion of this Resolution, or
any application thereof to any person or circumstances declared to be void,
unconstitutional, or invalid for any reason, such part, section, subsection, or other
portion, or the prescribed application thereof, shall be severable, and the remaining
.. provisions of this Resolution, and all applications thereof not having been declared
void, unconstitutional or invalid, shall remain in full force and effect.
3. Effective Date. This Resolution shall take effect ninety (90) days after adoption by
the Board of County Commissioners.
ADOPTED in open session by a majority of the duly elected Board of County
Commissioners of Manatee County, Florida, this 2nd day of February, 1993.
ORIGINAL DOCUMENT SIGNED BY BOARD OF COUNTY COMMISSIONERS
CHAIRMAN MS. LARl ANN HARRIS ON FEBRUARY 2,1993 AND IS ON FILE AT
MANA TEE COUNTY CLERK'S OFFICE.
<R93-22>
" 3 <R93-22>
,... ATTACHMENT "B"
Drug Free Work Place Certification
SWORN STATEMENT PURSUANT TO RESOLUTION R-O 1-36 SECTION 4, E (1) (a)
MANATEE COUNTY PURCHASING POLICIES. ON DRUG FREE WORK PLACES
THlS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to the Manatee County Board of County Commissioners by ROBERT D. TATUM,
SENIOR VICE PRESIDENT [~rint individual's name and title]
for SIEMENS WATER TECHNOLOGI S CORP.
[print name of entity submitting sworn statement]
whose business address is: 2650 TALLEVAST ROAD, SARASOTA, FL 34243
and (if applicable) its Federal Employer Identification Number (FEIN) is 04-3063901 (lfthe entity has no
FEIN, include the Social Security Number of the individual signing this sworn statement: )
I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement
of goods or services (including professional services) or a county lease, franchise, concession or management agreement,
or shall receive a grant of county monies unless such person or entity has submitted a written certification to the County
that it will provide a drug free work place by:
,.. (I) providing a written statement to each employee notifying such employee that the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance as defined by 9893.02(4), Florida
Statutes, as the same may be amended from time to time, in the person's or entity's work place is prohibited
specifying the actions that will be taken against employees for violation of such prohibition. Such written
statement shall inform employees about:
(i) the dangers of drug abuse in the work place;
(ii) the person's or entity's policy of maintaining a drug free environment at all its work
places, including but not limited to all locations where employees perform any task relating
to any portion of such contract, business transaction or grant:
(iii) any available drug counseling, rehabilitation. and employee assistance programs; and
(iv) the penalties that may be imposed upon employees for drug abuse violations.
(2) Requiring the employee to sign a copy of such written statement to acknowledge his or her receipt of same
and advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its
employees. Such person or entity shall also post in a prominent place at all of its work places a written
statement of its policy containing the foregoing elements (i) through (iv).
(3) Notifying the employee in the statement required by subsection (1) that as a condition of employment the
employee will:
(i) abide by the terms of the statement; and
(ii) notify the employer of any criminal drug statute conviction for a violation occurring in
the work place no later lhan five (5) days after such a conviction.
,...
<DRUGFREE.FRM
Revised 2/13/06>
~ (4) Notifying the County within ten (10) days after receiving notice under subsection (3) from an employee or
otherwise receiving actual notice of such conviction.
(5) Imposing appropriate personnel action against such employee up to and including termination; or requiring
such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for
such purposes by a federal, state. or local health, law enforcement, or other appropriate agency.
(6) Making a good faith effort to continue to maintain a drug free work place through implementation of
sections (I) through (5) stated above.
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE
COUNTY IS V ALlD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF
PAYMENTS, OR TERMINATION, OR BOTH, IF THE CONTRACTING OFFICER OR THE COUNTY ADMINlSTRA TOR
DETERMINES THAT:
(I) Such person or entity has made false certification.
(2) Such person or entity violates such certification by failing to carry out the requirements of sections (I).
(2), (3), (4), (5), or (6) or Resolution R-O 1-36 Section 4, E (1) (a) or
(3) Such a number of employees of such person or entity have been convicted of violations occurring in
the work place as to indicate that such person or entity has failed to make a good Caith effort to provide
a drug free work place as required by Resolution R-01-36 Section 4. E (I) (a).
~ ~~~- ~
STATE OF FLORIDA
COUNTY OF MANATEE
Sworn to and subscribed before me this ~ day of APRIL . 202L-. by ROBERT D. TATUM
OR Produced identification
[Type of identification]
...
My commission expires 12/26/08
,..,,,,,...~ SHERI WHALEN
!~ MY COMMISSION' DO 359834
~. .:; EXPIRES: December 26, ~
'Q~l(ll IlardIdTlw~N1Ic\JndlnlllllS
[Print, type or stamp Commissioned name of Notary Public)
.....
<DRUGFREE.FRM
Revised 2/13/06>
".
A TT ACHMENT "C"
PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION
SWOR..N' STATEMENT PURSUANT TO ARTICLE 6,
MANATEE COUNTY PURCHASING CODE
THfS FORM MUST BE SIGNED AND SWORN TO rN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to the Manatee County Board of County Commissioners by ROBERT D. TATUM.
[print individual's name and title)
SENIOR VICE PRESIDENT for SIEMENS WATER TECHNOLOGIES CORP.
[print name of entity submitting sworn statement]
whose business address is: 2650 TALLEVAST ROAD. SARASOTA. FL 34243
and (if applicable) its Federal Employer Identification Number (FErn) is 04-3063901 If the entity has no
FErn, include the Social Security Number ofthe individual signing this sworn statement:
I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement of
goods or services (including professional services) or a county lease, franchise, concession or management agreement, or shall
receive a grant of county monies unless such person or entity has submitted a written cenification to the County that it has not:
I'" (I) been convicted of bribery or attempting to bribe a public officer or employee of Manatee County, the
State of Florida, or any other public entity, including, but not limited to the Government of the United
States, any state, or any local government authority in the United States, in that officer's or employee's
official capacity; or
(2) been convicted of an agreement or collusion among bidders or prospective bidders in restraint of
freedom of competition, by agreement to bid a fixed price, or otherwise; or
(3) been convicted of a violation of an environmental law that, in the sole opinion of the County's
Purchasing Director, reflects negatively upon the ability of the person or entity to conduct business in a
responsible manner; or
(4) made an admission of guilt of such conduct described in items (I), (2) or (3) above, which is a matter of
record, but has not been prosecuted for such conduct, or has made an admission of guilt of such conduct,
which is a matter of record, pursuant to formal prosecution. An admission of guilt shall be construed to
include a plea of nolo contendere; or
(5) where an officer, official, agent or employee of a business entity has been convicted of or has admitted
guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or
authorization of an official thereof (including the person committing the offense, ifhe is an official of me
business entity), the business shall be chargeable with the conduct herein above set forth. A business entity
shall be chargeable with the conduct ofan affiliated entity, whether wholly owned, partially owned, or one
which has common ownership or a common Board of Directors. For purposes of this Form, business
entities are affiliated if, directly or indirectly, one business entity controls or has the power to control
another business entity, or if an individual or group of individuals controls or has the power to control both
entities. Indicia of control shall include, without limitation, interlocking management or ownership,
identity of interests among family members, shared organizatiori of a business entity following the
ineligibility ofa business entity under this Article, or using substantially the same management. ownership
,.. or principles as the ineligible entity.
<ENVCRIME. fRM>
,..
Any person or entity who claims that this Article is inapplicable to him/her/it because a conviction or judgement has been
reversed by a court of competent jurisdiction. shaJl prove the same with documentation satisfactory to the County's Purchasing
Director. Upon presentation of such satisfactory proof, the person Qr entity shaJl be allowed to contract with the County.
T UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE
COUNTY IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. J ALSO
UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF
PAYMENTS, OR TERMINATlON, OR BOTH, IF THE CONTRACTING OFFICER OR THE COUNTY
ADMINISTRATOR DETERMINES THAT SUCH PERSON NTITY HAS MADE FALSE CERTIFICATION.
STATE OF FLORIDA
COUNTY OF MANATEE
Sworn to and subscribed before me this ~ day of APRIL . 20..QL by ROBERT D. TATUM
Personally known X OR Produced identification
[Type of identi lication]
. My commission expires 12/26/08
[Print, tal)' Public]
Signatory Requirement - In the case of a business entity other than a partnership or a corporation, this
affidavit shall be executed by an authorized agent of the entity. In the case of a partnership, this affidavit
shall be executed by the general partner(s). In the case of a corporation, this affidavit shall be executed
by the corporate president.
.
410.
<ENVCRIME. FRM>
SIEMENS
~
References
The numbered items below represent a partial listing of clients that utilize
Siemens products and services for their odor control needs. These customers
are serviced from one or more of the following service center locations:
. Sarasota, FL (Headquarters)
. Canton, GA
. Temecula, CA
. Wilmington, DE
. Granite City, IL
. Cedar Park, TX
. Gastonia, SC
1. Manatee County, Florida
51 01 65th Street
Bradenton, FL 34210
Contacts: Mr. Jim Marble, Collection Systems Superintendent
E-Mail: jim .marble@co.manatee.f1.us
Telephone: 941-758-4649
Fax: 941-795-3432
~ Time Frame: 27 years
Description: Currently thirty-three Bioxide@ feed locations, nine
OdoFree@ feed sites, five Odophos@ feed systems and eight
Bioxide-AQ@ feed locations. Twenty-four wet scrubbers,
eight biofilters, and two carbon adsorbers. A comprehensive
service contract covers all locations listed above.
Hours avail. to contact: 8am-3pm
2. Sarasota County, Florida
7198 Beneva Road
Sarasota, FL 34238
Contact: Gerry Schoonmaker, Operations Supervisor
Telephone: 941-316-1071
Fax: 941-361-6133
E-Mail: schoonm@co.sarasotaJI.us
Time Frame: 20 years
Description: Currently seven wet scrubbers, two biofilters, and over 30
liquid-phase systems. A comprehensive service contract
covers all locations listed above.
Hours avail. to contact: 8am-3pm
---
SIEMENS
,""
3. Hillsborough County, Tampa, FL
2218 N. Falkenburg Rd.
Tampa, FL 33619
Contact: Robert Sutherland
Telephone: (813) 744-5711 x 345
Fax: 813-635-8389
Time Frame: 16 years
Description: Currently over thirty liquid phase sites, one chemical
scrubber, 9 biofilters/carbon units and two bioscrubbers are
maintained. Many liquid phase feed sites are optimized to manage
loading to the biofilter units. The service contract includes periodic
I iq uid/va por sampling, dose adjustment, pump calibrations,
equipment maintenance, instrument calibrations, pump repair,
spare parts and performance reporting. A comprehensive service
contract covers all locations listed above.
Hours avail. to contact: 8am-3pm
4. City of Tallahassee, Florida
1815 Lake Bradford Road
Tallahassee, FL 32310
Contact: Mr. Todd Hacker, Supervisor
. E-Mail: hackert@talgov.com
Telephone: 850-891-1303
Fax: 850-891-1365
Time Frame: 14 years
Description: Currently twelve Sioxidelil feed systems with service. The
service contract includes periodic liquid/vapor sampling,
dose adjustment, pump calibrations, equipment
maintenance, instrument calibrations, pump repair, and
spare parts
Hours avail. To contact: 8am-3pm
5. Grand Strand Water & Sewer Authority, South Carolina
P.O. Box 2368
Conway, SC 29528
Contact: Mr. David Strickland
Telephone: 843-443-8200
Fax: 843-347-4680
E-Mail: dstrickland@gswsa.com
Time Frame: 2 years
Description: Currently one wet scrubber, two ZASOCS biofilters, one
carbon system, two OdoFree~, and three Bioxidell> feed
systems with full service contract.
.... Hours avail. to contact: 8am-3pm
SIEMENS
~
6. Lee County, Florida
1500 Monroe Street
PO B 398
Ft. Myers, FL 33902
Contact: Mr. David Sabiston - Environmental Services Division
E-Mail: SABISTDAceuleeoov.com
Telephone: 239-693-2992 ext. 201
Fax: 239-693-6453
Time frame: 13 years
Description: Includes over 14 liquid phase hydrogen peroxide and
calcium nitrate feed systems. A comprehensive service
contract covers all locations listed above including periodic
liquid/vapor sampling, dose adjustment, pump calibrations,
equipment maintenance on customer owned equipment,
inventory control, spare parts. and performance reporting.
Hours avail. to contact: 8am-3pm
7. County of Santa Cruz, California
2750 Lode Street
Santa Cruz, CA 95062
Contact: Ms. Amy Gross
~ E-Mail: amy. gross@co.santa-cruz.ca.us
Telephone: 831-477 -3988
Time Frame: 15 years
Description: Currently have approximately six Bioxide@ feed sites with
service contract.
Hours avail. To contact: 8am-3pm
8. City of Phoenix, AZ
2301 West Durango
Phoenix, AZ 85009
Contact: Mr. Ron Maze
E-Mail: ronmaze@phoenix.gov
Telephone: 602-262-1864
Fax: 602-495-5670
Time Frame: 9 years
Description: Currently have approximately 32 Bioxide@ feed sites.
Hours avail. to contact: 8am-3pm
9. Village of Wellington, FL
14000 Greenbriar Blvd
Wellington, FL 33414-4393
Contact: Ed Wasielewski
E-Mail: ewasiel ewski@ci.wellingtonJI.us
". Telephone: 561-791-4000
Fax: 561-790-0794
SIEMENS
". Time Frame: 7 years
Description: Currently four Bioxide@ feed sites, one OdoFree@, and one
JH scrubber with service contract.
Hours avail. to contact: 8am-3pm
10. Mount laurel Municipal Utility Authority, Mt. laurel, NJ
1201 South Church Street
Mount Laurel, NJ 08054
Contact: Mr. Mark Cimorelli
E-Mail: mcimorelli@mltmua.com
Telephone: 856-234-0062
Fax: 856-866-1 092
Time Frame: 9 years
Description: Currently four Hydrogen Peroxide feed
systems with service contract.
Hours avail. to contact: 8am-3pm
""
SI EMENS
~ BACKGROUND
Siemens Water Technologies is the one company focused on complete odor and
corrosion control for the Municipal Wastewater Treatment industry. Our proposed
program will use both liquid-phase and vapor-phase technologies to treat each odor
and/or corrosion problem in the Manatee County Wastewater System with the
appropriate balance of effectiveness and cost. Our local service and emergency
response team will ensure that odor problems are addressed 24 hours a day, 365 days
a year.
Since our company was founded in 1976 as a division of Davis Water and Waste
Industries our primary focus has been odor and corrosion control. While other
companies focus on specific technologies or technology groups for odor and corrosion
control, we have continuously assembled, improved, and refined a broad technology
and product offering with the goal of solving any wastewater odor problem effectively
and with maximum cost-efficiency. Coupled with our offering of technologies and
products is a commitment to service that is un-matched in the industry. Our goal is not
to simply deliver a specific product or service to our customers, but to become a partner
with our customers working to ensure that their phone does not ring with odor
complaints. As you review our proposal, please note the following highlights of our
offering:
Experience and Knowledoe
".. . Siemens Water Technologies has been in the wastewater odor control business
for over 30 years.
. The Siemens team assembled specifically to service Manatee County has
combined experience of over 1 00 years in odor and corrosion control.
. Two of the primary Siemens technical and managerial staff involved with
Manatee County are Professional Engineers registered in the State of Florida
(Vaughan Harshman, P.E. and David Hunniford, P.E.).
. Siemens is recognized by our peers in the industry for our odor and corrosion
control expertise. In recent years two leading periodicals in the wastewater
industry published feature articles on comprehensive, multi-technology odor and
corrosion control strategies; the same approach used by Manatee County. Both
of these periodicals turned to Siemens' expertise in this area. Mr. Harshman
authored "Follow Your Nose, Controlling Odors in all Their Forms" for Water
Environment and Technology and Mr. Hunniford authored "Knocking Out Odors:
Options for Fighting Wastewater Smells" for Environmental Protection. Reprints
of both articles are included in the Appendices to our proposal.
. Siemens Water Technologies Odor Control Group has provided products and
services to communities on the west coast of Florida since our inception in 1976.
We have worked closely with Manatee County Utilities for over 25 years. We
understand that odor and corrosion in wastewater systems are affected by
topography, temperature, water quality, population density, and population
fluctuation and we understand the conditions and challenges that are unique to
~ this region and to your system in particular.
SIEMENS
. Siemens Water Technologies pioneered the Full-Service system-wide approach
,.. to odor and control. We have provided this type of program to Manatee County
and to numerous customers throughout Florida and the United States, as you will
see in our enclosed reference list.
. Siemens Water Technologies has conducted corrosion control studies for
municipalities throughout the United States. A recent technical paper from one
study is included in the Appendix of this proposal.
Service
. All products utilized by Siemens Water Technologies for Manatee County will be
provided by Siemens directly. Siemens is the Original Equipment Manufacturer
of all equipment proposed for use in this contract. Siemens will not sub-contract
any portion of the equipment supply or service. All of our service personnel are
factory-trained in our own factory.
. All Siemens personnel involved with Manatee County are based in the
ManateelSarasota area. Our staff is a minimum of three-deep in backup
personnel in all aspects of executing your program (field service, engineering,
management), with team members based in the Manatee/Sarasota area.
. The Headquarters for Siemens Water Technologies Odor Control Group are
located in Manatee County. In addition to the extensive list of personnel
specifically assigned to the Manatee County program, an extensive and
.... experienced technical, engineering, and management staff is based in this facility
and would be immediately available to Manatee County in any emergency
situation.
Technoloqy
. Siemens Water Technologies possesses the most comprehensive and complete
selection of odor and corrosion control technologies available. All technologies
and products are provided and manufactured by Siemens directly, eliminating
any bias for or against technologies or approaches that may involve "outside"
firms or sub-contractors.
. Siemens is the only company that can offer the proprietary Bioxide(8) process for
application of nitrate salts. Nitrate application is the County's preferred non-
hazardous, liquid-phase technology.
. Siemens offers the most concentrated forms of environmentally friendly non-
hazardous nitrate and sodium chlorite solutions, reducing liquid volume and truck
traffic for deliveries.
. Siemens is offerin~ a complete selection of additional technologies including
enhanced Bioxide products, iron-based products, hydrogen peroxide, and
PRISCTM.
.... Siemens is the only company with MIDAS@ OCM, an ultra-high capacity activated
.
carbon for sulfide and odor control.
SIEMENS
. With the ZABOCS@ systems included in our proposal Siemens pioneered the
,'" application of multi-stage. multi-media biofilters for maximum effectiveness and
redundancy-
. Siemens pioneered multi-stage chemical scrubbing with the Poly-Stage ™ and
LO/PRO@ systems. both of which are included in our proposal. These systems
reduce operating cost, increase redundancy, and increase effectiveness over
conventional single-stage chemical scrubbers.
Siemens Water Technologies line of odor and corrosion control products and services
includes the following:
VAPOR PHASE TREATMENT
1. Wet Air Scrubbers- a complete line of wet air scrubbers used to treat typical
wastewater odorous gas emissions. These gas phase treatment products
achieve continuous odor control under varying conditions with optimum
chemical savings. Each system is designed by Siemens technical staff to
meet the odor control requirements of the application. Wet Scrubbers are
now available using FSC TM, an enhanced chemical treatment that is provided
for a flat fee or the traditional sodium hydroxide/sodium hypochlorite demand-
based chemistry.
"",... 2. B iofi Iters - unique. modular biofiltration systems. This vapor phase
treatment technology uses no chemicals and provides complete or added
odor control using natural biological organisms. Most applicable when space
constraints are an issue. Engineered media and an enclosed design of the
ZABOCSTM biofilter ensure predictable, long, reliable service life.
3. Biotrickling Filters - plastic media biological odor control systems. This
technology provides the benefits of a biofilter with the ability to handle higher
loadings of hydrogen sulfide - all in a very compact footprint.
4. Carbon Adsorption Systems - using a variety of carbon types selected to
meet the needs of individual applications, these systems provide complete,
reliable odor control in cases where VOCs and complex organic odors are a
problem. MIDAS Carbon by Siemens provides exceptional sulfide loading
capacity which leads to prolonged life of the bed.
LIQUID PHASE TREATMENT
1. Bioxide~ - a patented process developed by Siemens Water Technologies to
biochemically treat dissolved hydrogen sulfide and other odor compounds
produced in the wastewater under septic conditions. Primarily used in long
~ detention time force mains via metering treatment solution at pump stations.
SIEMENS
..... 2. AQuit~ . a patented biochemical process that prevents dissolved sulfide
formation in wastewater which contains no pre-existing sulfides. Treatment
solution is metered into mains at the pump stations.
3. Bioxide-AQ~ - combines the patented Sioxidelil Process for dissolved sulfide
removal with the patented AQuit~ Process for dissolved sulfide prevention.
4. Bioxide* A+/AE - patented processes developed by Siemens Water
Technologies to biochemically treat dissolved hydrogen sulfide and other odor
compounds produced in the wastewater under septic conditions. Sioxide AE
uses an enhanced prevention mechanism along with the proven Bioxide~
removal process to economically treat reduced sulfur compounds. Primarily
used in long detention time force mains via metering a singular or dual
treatment solution at the pump stations.
5. Nitrazyme™ Plus -combines the attributes of a nitrate salt and a fast acting
oxidizer in a convenient. easy to use formulation. Used where the benefits of
a nitrate salt and a quick removal process are desired.
6. OdoFreeTM/Odophos~/Ferric Sulfate. aqueous solutions of ferric-ferrous
sulfate (OdoFree), ferrous sulfate (Odophos), and ferric sulfate which treat
dissolved hydrogen sulfide in force mains/gravity interceptors via metering at
established dosage rates into key pump station locations.
7. Textone UEndimal (Sodium Chlorite) - an oxidizing solution used for
chemical oxidation of odor causing compounds in liquid-phase and biosolids
applications. The Endimal 1500 formulation has the additional advantage of a
non-hazardous rating.
8. Hydrogen Peroxide. an oxidizing solution used for chemical oxidation of
odor causing compounds in liquid-phase applications.
9. PRI-SCTM - Is a process of regenerating iron sulfide in solution by use of an
oxidizer. This process is more selective towards hydrogen sulfide than a
typical oxidizer and can provide a more cost-effective solution than either iron
salts or oxidizers alone.
10. VX-456™ - a proprietary mixed oxidant product designed to remove and
control malodors primarily in biosolids. As delivered, VX-456 reacts rapidly
with sulfides and other odor-causing compounds commonly found in biosolids
and continues to control odors for an extended period of time (up to 12
hours). VX-456 does not contribute to solids formation and does not interfere
with further processing of biosolids.
ii.Advanced Dosing Controllers - an assortment of computer based
""'""". controllers that utilize proprietary dosing models to optimally dose Siemens
liquid phase odor control products.
SIEMENS
.... 12.Chemical Feed and Storage Systems - complete storage and metering
equipment for Odophos~, OdoFree0, Bioxide~, AQuit0, Bioxide-AQ0. Bioxide
A+, Sodium Chlorite and Hydrogen Peroxide applications as well as other
chemical storage and feed needs.
13. Remote Level Monitoring - Tank level monitors that report via cell modem
to a central database. Tank level information is available on the Siemens
website.
In addition to providing the products listed above, Siemens Water Technologies
provides complete technical support (including odor data collection, treatment
demonstrations, analytical testing, investigation of odor complaints, and ongoing service
of treatment equipment) in evaluating and treating odor/corrosion problems.
In order to ensure customers are serviced in a timely and professional manner,
Siemens Water Technologies has invested substantially in modern manufacturing and
distribution systems that include:
A. Regional warehousing, production, and distribution facilities to ensure quality
products and timely deliveries for all customers.
B. State of the art production facilities capable of producing .ejLSiemens chemical
,. feed and scrubber systems to ensure customers receive quality treatment
equipment customized for their particular needs.
C. A control panel manufacturing facility that has been certified by Underwriters
Laboratories to produce "UL Listed" panels, ensuring the highest level of quality
and safety for electrical controls associated with Siemens systems.
D. An integrated MIS based equipment/parts inventory that ensures Siemens Water
Technologies can supply customers with repair/replacement parts or equipment
within hours.
Siemens Water Technologies employs substantial technical resources to evaluate
odor/corrosion problems and design/install/service our treatment systems that include:
A. Engineering and Product Development departments comprised of engineers,
chemists, service managers and technicians with over 200 years combined
wastewater and odor/corrosion control experience to ensure effective solutions
are achieved for illl types of odor/corrosion problems.
B. Analytical Laboratory services available through our certified facil ity In
Rothschild, WI. ensures product quality and supports any product application
testing.
~ .
SIEMENS
c. An experienced team of equipment installation and service personnel to ensure
.- each treatment system is installed and operated to Siemens high standards.
Service staff tenure at Siemens averages more than ten (10) years.
It is important to note that Siemens Water Technologies owns the modern resources
and emplovs the experienced personnel to meet all aspects of any odor/corrosion
control program.
--
SIEMENS
,. Key Personnel
The following "key personnel" are available to offer professional assistance to the
County:
1. Vaughan Harshman, P.E. - Sales Representative/Project Manager
2. David J. Hunniford, P.E. - Full Service Odor Control Business Director
3. Mike Murphy - Engineering Manager
4. Ed Middleton - Contract Manager
5. Craig Bliss - Service Center Manager
6. Gary Snyder - Production/lnstallation Manager
7. David Morano -Product Manager
8. Jim Harshman - New Product Development Manager
~
...
SIEMENS
"
BIOGRAPHY
NAME: Vaughan Harshman, P.E.
CURRENT POSITION: Sales Representative, West Florida
Siemens Water Technologies
EDUCATION: B.S., Chemical Engineering
University of South Florida, Tampa, FL
REGISTRATION: Florida Professional Engineer No. 52651
MEMBERSHIPS: Florida Water Environment Association
FWEA Air Quality Committee
Water Environment Federation
PROFESSIONAL EXPERIENCE
Siemens Water Technologies, Sarasota, FL 1986 . Present
Sales Representative - Responsible for sales of Company products and services for the
Western half of Florida. (2003 - Present)
Technical Sales Manager (Product Manager) - Responsible for directing sales, sales
support, and product engineering for US Filter odor control products and related product
lines. (1996 - 2003)
Technical Service Manager - Directed project engineering and technical sales support
associated with individual odor control projects. (1994 - 1996)
Project Engineer - Engineered, managed and provided sales support for individual odor
control projects. (1992 - 1994)
Co-Op Engineer - Perfonned various engineering activities related to product
development and production. (1990 - 1992)
From 1986 until 1990 held various technician positions with Davis Water and Waste
Industries. Inc. in the areas of chemical production. equipment production. product
development. laboratory analysis, and field services.
,....
SIEMENS
~ BIOGRAPHY
NAME: David J. Hunniford, P.E.
CURRENT POSITION: Business Director
EDUCATION: B.S., Chemical Engineering
Georgia Institute of Technology, Atlanta, GA
September 1982
REGISTRATION: Registered Professional Engineer, Chemical
Engineering
State of Florida
MEMBERSHIPS: American Institute of Chemical Engineers
Water Environment Federation
National Society of Professional Engineers
Florida Engineering Society
."-" PROFESSIONAL EXPERIENCE
Siemens Water Technologies, Sarasota, FL 1986 - Present
Full SeNice Odor Control Business Director 2001 to Present
Operations Manager 9/93 to 2001
Director of Technical Services 5/88 to 9/93
Senior Technical Engineer 9/86 to 5/88
Siemens Water Technologies provides diversified products and services to the water
and wastewater treatment market. Market coverage is primarily North America,
including Canada and Mexico. Products and Service include inorganic salt solutions for
applications in water treatment processes, biological process control technology and
equipment, odor and air scrubbing equipment. wastewater residuals processing
equipment and services and environmental analytical services.
Responsible for operations of seven division service centers, technical sales
support/applications engineering, research & development, and safety.
~
SIEMENS
PROCTOR & GAMBLE CORPORATION, CINCINNATI, OH
-- FOOD PRODUCT DEVELOPMENT GROUP
Development Engineer 9/82 to 9/86
Responsible for a variety of product formulation. design, and process developments on
consumer food products ranging from peanut butter to cookies. These activities
involved pilot plant operations, focus group testing, marketing claim
development/verification, product testing program/quality control program development,
and scale up to manufacturing facilities.
Dow Chemical Corporation, Plaquemine, LA
Coop Engineer 4/79 to 9/80
Performed as a cooperative education engineer on a quarterly basis for three quarters
in the polyethylene resin production plant.
~
SIEMENS
...... BIOGRAPHY
NAME: Mike Murphy
CURRENT POSITION: Technical Services Manager
EDUCATION: B.S., Chemical Engineering
University of South Florida, Tampa, FL
May 1997
PROFESSIONAL EXPERIENCE
Siemens Water Technologies. Sarasota, FL
Technical Services Manager 2003 - Present
Currently managing a group consisting of applications engineering, engineering,
manufacturing, and field installation team. Focus of team is project management. full
service odor control programs, and standards design.
Engineering Manager 1999 - 2003
~ Project engineer throughout the United States for liquid phase and vapor phase odor
control products. Design, cost. and implement odor control technologies. Project
manager for plant automated alkalinity process controller. focused was on developing
standard liquid and vapor phase odor control systems.
Florida Flavors, Incorporated - Lakeland, FL
Research & Development Engineer 1997-1999
Scale up for new distillation, extraction, & separation technologies/processes.
Technical Production manager for high value compounds and flavors. Inventory
manager for all high value components and flavors. Utilization of gas chromatographs
and mass spectrometer to ensure quality control for customer shipments.
University of South Florida
Research Engineer 1996-1997
Supercritical Fluids Technology Lab; Construction, experimentation and maintenance of
a high pressure pilot plant for supercritical fluid processing of material under the
guidance of Dr. Aydin K. Sunol. Named as an inventor on the pending patent.
"...
SIEMENS
BIOGRAPHY
~
NAME: Ed Middleton
CURRENT POSITION: Account Manager
EDUCATION: HS Diploma
PROFESSIONAL EXPERIENCE
Siemens Water Technologies. Sarasota, FL
Account Manager 2003 - Present
Currently responsible for coordination of all Siemens Water Technologies Odor Control
services in Manatee and Sarasota Counties.
Field Service/Startup Technician 2001 - 2003
Responsible for field service and startup of vapor phase odor control systems across
North America.
Project Manager 1998 - 2001
Responsible for project coordination and management for odor control projects,
primarily in the Northeast United States.
Other Employment:
Construction Superintendent 25+ years
Responsible for field construction for various companies in Florida and California.
,.
SIEMENS
..... BIOGRAPHY
NAME: Craig D. Bliss
CURRENT POSITION: Service Center Manager
EDUCATION: Attended Flagler College
Business Administration
St. Augustine, Florida
PROFESSIONAL EXPERIENCE
Siemens Water Technologies - Sarasota, FL
Service Center Manager 2005 - Present
Management of all field service activities for full service odor control customers within
the State of Florida, responsibilities include scheduling routine and non-routine service
work; assist Installation Manager on new installations and Fleet Manager on chemical
deliveries.
.~ Sarasota County Government
Manager of Water Reclamation Facilities 1998 to 2005
Independently manage the administrative and technical functions associated with the
operation and maintenance of nine water reclamation facilities and associated effluent
disposal systems, approximately 500 lift stations and 400 low pressure sewer systems
and several vacuum sewer systems.
Chief Treatment Plant Operator 1988 to 1998
Supervised the administrative and technical aspects involved in the operation and
maintenance of multiple Water Reclamation Facilities.
Sorrento Utilities
Operations Superintendent 1984-1988
Managed all field activities associated with water and wastewater utility.
.-
SIEMENS
BIOGRAPHY
--
NAME: Gary A Snyder
CURRENT POSITION: Manufacturing Manager
EDUCATION: A.S. General Construction
MCC Community College
Bradenton, Florida
PROFESSIONAL EXPERIENCE
Siemens Water Technologies, Sarasota, FL 1989 - Present
Manufacturing Manager 1997 to Present
Service Center Manager 1993 to 1997
Field Service Engineer 1991-1993
Service Tech- Truck Driver 1889-1991
Manufactur;ng Manager - Management of all Siemens Odor Control capital equipment
including all intercompany work such as industrial control panels and other related
waste water products.
Service Center Manager - Management of all activities performed at Service Center.
such as chemical inventory. trucking schedule, capital equipment installations, service
and survey work.
Lead Service Tech - Lead on all capital equipment installations within the state of
Florida. Occasionally called to help other service centers within there area. Lead for all
service and survey work in Florida.
Service Tech /Truck Dr;ver - local service and survey work. Assist with capital
installations. Deliver chemical to customer sites.
,~
SIEMENS
BIOGRAPHY
~
NAME: David L Morano
CURRENT POSITION: Product Manager
EDUCATION: B.S., MIS
University of South Florida. Tampa, FL
PROFESSIONAL EXPERIENCE
Siemens Water Technologies, Sarasota, FL
Odor Control Product Manager 2003 to Present
Management of projects including but not limited to biosolids odor control and full
service odor control contract consulting.
Project Manager 2000 to 2003
Management of full service odor control contracts including Manatee County RFP.
.~ Assisted in development of biofiltration product line (ZABOCS).
Technical SeNices Specialist 1992 to 2000
Management of projects including but not limited to the development of Bioxide AQ@,
Managed IS operations across the warehouses and was the LAN/WAN manager.
Implemented RRM, an enterprise based software for manufacturing and inventory
control.
Technical SeNices 1990 to 1992
Assisted in application development of BioxideQP. Responsibilities included optimization
of a variety of odor control systems allover the country. Performed QC control on
Odophosfll manufacturing and Bioxide~ shipments.
Lab Technician 1988 to 1990
Performed a variety of wet chemistry type analyses for industrial laboratory and in
support of in-house product development.
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SIEMENS
BIOGRAPHY
----
NAME: Jim Harshman
CURRENT POSITION: Chemist/Product Development Manager
EDUCATION: B.S., Natural Science with teacher certification
University of South Florida, Tampa, FL
1968
Master of Combined Sciences
University of Mississippi,
1971.
PROFESSIONAL EXPERIENCE
Siemens Water Technologoies . Sarasota, FL 1973 . Present
Chemist/Product Development Manager 2003 to Present
Chemist/Research 1973 to 2002 (Part Time)
Management of product development Responsible for developing, testing and
implementing new odor control products. Currently focused on the continuing
development of Sioxide A+. Worked on the development and implentation of
~phos~, Bioxide~ and Sioxide AQ~
Sarasota High School - Sarasota, FL
Teacher 1968 to 2002
Taught Chemistry I, Honors Chemistry I, AP Chemistry along with engineering
concepts, algebra, general science, general math. Department Chair, 1994-2003, MaST
Coordinator, 1995-2003
Manatee Community College, Adjunct Faculty - Bradenton, FL
Chemistry Professor 1974 - 1980, 1987-1989
..--.
Taught Chemistry courses at the College
SIEMENS
-
Patents:
us Patent #5,013,442 and European Patents: Aerobic Wastewater Treatment with
Alkalinity Control, 1991. Coinventor with H. Forbes Davis.
US Patent #5.094,752:Aerobic/Anoxic Wastewater Treatment with Alkalinity Control,
1992. Coinventor with H. Forbes Davis.
Publications:
"Hofmann Apparatus and Leak Rates of Gases", Chemistry Magazine, Vol 43, June
1970. Coauthor with George Melville.
"Calculation of Sludge Removal Rates for Wastewater Treatment Plants", The Overflow:
Florida Water Resources Journal, 1974. Coauthor with Robert Tatum.
Major Conferences and Workshops:
1969: NSF Summer Institute in Chemistry, Beaver College, Glenside, PA
1970-1971: NSF Summer Institute, University of Mississippi, Oxford, MS
1972: NSF Summer Institute in Engineering Concepts, University of South Florida,
Tampa, FL
1973: Nuclear Energy Conference, University of Florida
,.-. 1981: International Conference on Chemical Education. University of Maryland, College
Park, MD
1982, 1983, 1984: FPCOA Short School, Lakeland, FL. Taught course in laboratory
procedures.
1983: CHEM ED 83: Butler University, Indianapolis, IN. Made two presentations:
"Chemical Equilibrium: A Laboratory Exercise Utilizing the Apple II Computer" and
"Holding a Chemistry Open House".
1984: Florida Association of Science Teachers (FAST) Conference, Bradenton, FL
1988: FAST Conference, Tampa, FL
1989: Dreyfus Institute Workshop, Microchemistry Labs, Tampa, FL
1989: The High School Macintosh Conference, Tampa, FL
1989: MacAcademy, Tampa, FL
1991: FAST Conference, Palm Beach, FL
1992: Summer Workshop, "Science, A Way of Thinking." Manatee Community College
1992: FAST Conference, Innisbrook, FL
1993: Florida Educational Technology Conference (FETC) , Tampa, FL
1994: Florida Educational Technology Conference (FETC) , Orlando, FL
1994: FAST Conference. Sarasota, FL
1994: Meeting of ACS "Strategic Directions in Educational Technology Committee,"
Washington, DC. Presentation with Michael Stuart: ''Teaching the ChemCom
Curriculum Using Multimedia"
1995: Florida Educational Technology Conference (FETC) I Orlando, FL
- 1995: FAST Conference, Orlando, FL, Presenter, with Michael Stuart, "Cooperative.
Competency-based. Computer Interfaced Chemistry."
SIEMENS
1998: FAST Conference. Tampa FL
-- 1995-2001: Annual Junior Science, Engineering, and Humanities Symposium.
University of Florida, Gainesville
1999. 2003: PITTCON (Pittsburgh Conference on Analytical Chemistry), Orlando, FL
2000: Chaperoned three students to International Science and Engineering Fair, Detroit.
MI
2002: American Chemical Society National Meeting, Orlando, FL
2002: FAST Conference Organizing Committee, Sarasota. FL
Professional Memberships:
American Chemical Society
National Science Teachers Association, 1969-2002
Florida Association of Science Teachers. Life Member
Sarasota ClassifiedfTeachers Association-FEA/United-AFT, 1969-2002
Professional Certification:
Florida Teaching Certificate 1968-2006
Florida Wastewater Treatment Operator Certificate 1975-1996
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SIEMENS
.,.. Project Organizational Chart
The following personnel have worked on the referenced odor/corrosion control
projects and are part of the support team for Manatee County:
1. Vaughan Harshman, P.E. - Sales Representative/Project Manager
2. David J. Hunniford, P.E. - Full Service Odor Control Business Director
3. Mike Murphy - Engineering Manager
4. Ed Middleton - Account Coordinator
5. Craig Bliss - Service Center Manager
6. Gary Snyder - Production/lnstallation Manager
7. David Morano -Product Manager
8. Jim Harshman - Chemist/Product Development Manager
9. Robert Bowman - Lead Service Technician
10. Dave Ahl - Field Service Technician
11. Larry Turner - Field Service Technician
12. Terry Chatlos - Lead Installation Technician
Each individual's specific duties and qualifications for this project are described in
further detail below. A project team organizational chart follows the team
,... members qualifications.
1. Project Manager - Vaughan Harshman, P.E.
Responsibil ity: Overall project coordination between Manatee County and
Siemens Water Technologies including establishing communication contacts.
resolving operation or technical issues, reviewing operating data, coordinating
Review Board Meetings, and approving reports.
Qualifications: BSChE University of South Florida; Registered Professional
Engineer-State of Florida; Twenty-One (21) years odor control product &
equipment design, application, production, and service experience. Employed by
Siemens since 1986.
2. Management Contact - Dave Hunniford, P.E.
Responsibil ity: Management of Siemens Water Technologies and support
Project Manager for Manatee County Odor/Corrosion Program in financial and
contract matters.
.. Qualifications: BChE Georgia Institute of Technology; Registered Professional
Engineer-State of Florida: twenty-one (21 ) yea rs municipal odor control
SIEMENS
applications experience: general oversight responsibilities for current odor control
,- . program for Manatee County since 1987. Employed by Siemens since 1986.
3. Project Engineering - Mike Murphy
Responsibil ity: Engineering oversight of Siemens Water Technologies activities
in Manatee County including resolving operation or technical issues, reviewing
operating data, and design activates for new applications.
Qualifications: BSChE University of South Florida: Eight (8) years odor control
product & equipment design, application, production, and service experience.
Employed by Siemens since 1999.
4. Account Coordinator - Ed Middleton
Responsibil ity: Day-to-day project coordination between Manatee County and
Siemens Water Technologies including routine service, resolving operational
issues, troubleshooting, and odor complaint response.
Qualifications: Nine (9) years odor control product & equipment application,
production, and service experience. Employed by Siemens since 1998.
5. Service Center Manager - Craig Bliss
Responsibility: Assure all applicable chemical deliveries are made as needed
and coordinate equipment service/installationlrepair activities. Oversee basic QC
checks on delivered chemicals. Coordinate monthly invoicing to Manatee
County.
Qualifications: Twenty (20) years odor control experience in the areas of
wastewater operations and service management - currently Service Center
Manager. Employed by Siemens since 2005.
6. Equipment Fabrication & Installation Manager - Gary Snyder
Responsibil jty: Coordinate fabrication and installation of all odor control
feed/storage and Scrubber systems.
Qualifications: Eighteen (18) years construction and process fabrication of
feed/storage and scrubber systems as well as field service experience.
Employed by Siemens since 1990.
7. Special Project Manager/Odor Control Product Manager - David Morano
Responsibility: Assist Project Manager as needed in design, selection, and start-
- up/trouble shooting of treatment systems. Provide technical support on all
aspects of liquid phase and vapor phase odor control.
SIEMENS
".... Qualifications: BS in MIS from the University of South Florida; nineteen (19)
years of odor control experience in the areas of analytical/field testing, equipment
design/installation/service. Employed by Siemens since 1988.
8. Chemist/Product Development - Jim Harshman
Responsibility: Oversee quality control issues for all liquid-phase products.
Coordinate product development activities for new innovations in Manatee
County.
Qualifications: BS-Natural Science, University of South Florida, MS-Combined
Sciences, University of Mississippi; thirty-four (34) years experience in the areas
of wastewater and odor control operations, analytics, and design. Employed by
Siemens since 1973.
9. Lead Service Technician - Robert Bowman
Responsibil ity: Install both liquid and va por phase systems, respond to
unscheduled equipment service/repair issues. Provide backup for perform ing
basic survey checks to verify correct chemical feed rates.
Qualifications: Eight (8) years of experience in installing, maintaining, and
-- optimizing performance of odor control systems throughout the Southeast;
employed by Siemens 1999, currently Field Service Technician. Based in
Sarasota, FL
10. Field Service Technician - Dave Ahl
Responsibility: Perform basic survey checks to verify correct chemical feed rates.
Install both liquid and vapor phase systems, respond to unscheduled equipment
service/repair issues.
Qualifications: Seven (7) years of experience in installing, maintaining, and
optimizing pertormance of odor control systems throughout the Southeast;
employed by Siemens since 2000, currently Field Service Technician. Based in
Sarasota, FL
11. Field Service Technician - Larry Turner
Responsibility: Install both liquid and vapor phase systems, respond to
unscheduled equipment service/repair issues. Provide backup for perform ing
basic survey checks to verify correct chemical feed rates.
Qualifications: Seven (7) years of experience in installing, maintaining, and
.- optimizing performance of odor control systems throughout the Southeast;
SIEMENS
. employed by Siemens since 2000, currently Field Service Technician. Based in
,~ Sarasota, FL
12. Lead Odor Control System Installation Technician - Terry Chatlos
Responsibility: Install both liquid and vapor phase systems, and respond to
unscheduled equipment service/repair issues, and perform basic survey checks
to verify correct chemical feed rates.
Qualifications: Twelve (12) years of experience in installing, maintaining, and
optimizing performance of odor control systems. Currently installing odor control
systems throughout Florida; employed by Siemens since 1995.
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SIEMENS
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SIEMENS
Odor & Corrosion Control Processes
Siemens Water Technologies has successfully provided Manatee County and
numerous other municipalities and industries with odor/corrosion control products and
services for more than 27 years. Siemens' line of odor / corrosion control processes
have expanded over that time to include those listed below. These are described in
further detail in the attached brochures and technical papers.
VAPOR PHASE TREATMENT
. Wet Air Scrubbers- a complete line of wet air scrubbers used to treat typical
wastewater odorous gas emissions. These gas phase treatment products achieve
continuous odor control under varying conditions with optimum chemical savings.
Each system is designed by Siemens technical staff to meet the odor control
requirements of the application. Wet Scrubbers are now available using FSC 1M, an
enhanced chemical treatment that is provided for a flat fee or the traditional sodium
hydroxide/sodium hypochlorite demand-based chemistry.
. B iofilters - unique, modular biofiltration system. This vapor phase treatment
technology uses no chemicals and provides complete or added odor control using
natural biological organisms. Most applicable when space constraints are an issue.
Engineered media and an enclosed design of the ZABOCSIlP biofilter ensure
predictable, long, reliable service life.
. Biotrickling Filters - plastic media biological odor control system. This technology
provides the benefits of a biofilter with the ability to handle higher loadings of
hydrogen sulfide - all in a very compact footprint.
. Carbon Adsorption Systems - using a variety of carbon types selected to meet the
needs of individual applications, these systems provide complete, reliable odor
control in cases where VOCs and complex organic odors are a problem. MIDAS
Carbon by Siemens provides exceptional sulfide loading capacity which leads to
prolonged life of the bed.
LIQUID PHASE TREATMENT
. Bioxide~ - a patented process developed by Siemens Water Technologies to
biochemically treat dissolved hydrogen sulfide and other odor compounds
produced in the wastewater under septic conditions. Primarily used in long
detention time force mains via metering treatment solution at pump stations.
. AQuit~ - a patented biochemical process that prevents dissolved sulfide
~ formation in wastewater which contains no pre-existing sulfides. Treatment
solution is metered into mains at the pump stations.
SIEMENS
~
. Bioxide-AQ~ - combines the patented Bioxide@ Process for dissolved sulfide
removal with the patented AQuit~ Process for dissolved sulfide prevention.
. Bioxide A+/AE - patented processes developed by Siemens Water
Technologies to biochemically treat dissolved hydrogen sulfide and other odor
compounds produced in the wastewater under septic conditions. Bioxide AE
uses an enhanced prevention mechanism along with the proven Bioxide$
removal process to economically treat reduced sulfur compounds. Primarily
used in long detention time force mains via metering a singular or dual
treatment solutions at pump stations.
. Nitrazyme™ Plus -combines the attributes of a nitrate salt and a fast acting
oxidizer in a convenient. easy to use formulation. Used where the benefits of
a nitrate salt are desired and a quick removal process are desired.
. OdoFree™/OdophosllJl/Ferric Sulfate - aqueous solutions of ferric-ferrous
sulfate (OdoFree), ferrous sulfate (Odophos), and ferric sulfate which treat
dissolved hydrogen sulfide in force mains/gravity interceptors via metering at
established dosage rates into key pump station locations.
~ . Textone L1Endimal (Sodium Chlorite) - an oxidizing solution used for
chemical oxidation of odor causing compounds in liquid-phase and biosolids
applications. The Endimal 1500 formulation has the additional advantage of a
non-hazardous rating.
. Hydrogen Peroxide - an oxidizing solution used for chemical oxidation of
odor causing compounds in liquid-phase applications.
. PRI-SCTM - Is a process of regenerating iron sulfide in solution by use of an
oxidizer. This process is more selective towards hydrogen sulfide than a
typical oxidizer and can provide a more cost-effective solution than either iron
salts or oxidizers alone.
. VX-456™ - a proprietary mixed oxidant product designed to remove and
control malodors primarily in biosolids. As delivered, VX-456 reacts rapidly
with sulfides and other odor-causing compounds commonly found in biosolids
and continues to control odors for an extended period of time (up to 12
hours). VX-456 does not contribute to solids formation and does not interfere
with further processing of biosolids.
. Advanced Dosing Controllers - an assortment of computer based
controllers that utilize proprietary dosing models to optimally dose Siemens
~ liquid phase odor control products.
SIEMENS
. Chemical Feed and Storage Systems - complete storage and metering
t equipment for Odophos8, OdoFree~, Bioxide8, AQuit~, Bioxide-AQ~, Bioxide
A+, Sodium Chlorite and Hydrogen Peroxide applications as well as other
chemical storage and feed needs.
. Remote Level Monitoring - Tank level monitors that report via cel' modem
to a central database. Tank level information is available on the Siemens
website.
Siemens Water Technologies' ability to offer such a vast array of odor control processes
assures that the most cost efficient and effective options are always available. With
headquarters located directly in Manatee County, additional service and operational
costs associated with these processes are kept to a minimum.
~
SIEMENS
~ Service & Maintenance Program
A. SUMMARY
Work consists of furnishing all labor, materials, equipment, accessories,
tools, replacement parts, and chemicals required to operate and maintain
the air scrubbing and chemical feed systems in accordance with the
general criteria defined in the RFP documents and specifically agreed to
with County personnel in each treatment application.
B. SIEMENS WATER TECHNOLOGIES QUALIFICATIONS
1. Siemens Water Technologies is experienced in the development, design,
operation and maintenance of both liquid phase and vapor phase odor
control systems in municipal wastewater odor control applications.
Siemens has supplied an increasingly broad array of odor control products
and services to the County for nearly 27 years.
""" 2. This experience and extensive odor control product offering has enabled
Siemens to continue to stretch the County's budget across many more
sites in the County. Through innovative products and processes such as
ZABOCS, FSC, and PRI-SC, we have been able to maintain a high level
of odor control service and responsiveness while minimizing the impact of
market cost changes.
3. Siemens Water Technologies maintains a Technical Staff with over 100
years combined experience in the field of Wastewater Odor Control,
including four (4) personnel with a minimum of a Bachelor's degree in
Chemical Engineering. This staff is located at the Sarasota (Tallevast)
headquarters.
4. Siemens Water Technologies routinely performs extensive odor surveys
when these services are required by the County to identify sources of
excessive loadings or collection line odor problems. Siemens is able to
collect the following types of data at a minimum: grab samples of vapor-
phase hydrogen sulfide, mercaptans, amines. ammonia, and other
odorous compounds; continuous sampling and data logging of vapor-
phase hydrogen sulfide: grab and continuous sampling of liquid-phase
dissolved sulfides, pH, temperature, ORP, nitrate residual and hydrogen
~ peroxide residual. Siemens maintains the equipment to carry out these
surveys including: Detection Instruments' Odalog H2S monitor/data logger,
Arizona Instruments' Jerome HzS monitor, ISCO's 24 hour liquid sampler.
SIEMENS
Gastec's hand sampling (vapor) pumps as well as various pH meters and
other equipment.
5. Siemens Water Technologies owns and operates liquid tanker trucks for
delivery of all the liquid phase odor control products and scrubbing
chemicals required in quantities from 50 to 5,000 gallons.
6. Siemens Water Technologies has been operating at our current location,
2650 Tallevast Road, in Manatee County since 1976. This location
houses both the Division headquarters and a full scale Service/Distribution
Center for all products/services described herein.
7. Siemens Water Technologies maintains an inventory of small vapor phase
systems and an extensive inventory of liquid phase odor control systems,
which include a mobile demo trailer for fast reaction to new odor issues.
The Sarasota Service Center has eight (8) full time service technicians,
each equipped with a service vehicle and the knowledge of operating and
maintaining both liquid and vapor phase odor control systems.
8. Siemens Water Technologies has the ability to remotely monitor tank
levels via a website to ensure uninterrupted service on liquid phase odor
control systems.
C. SCHEDULED SERVICE VISITS
1. Siemens Water Technologies will visit each odor control system as often
as necessary to maintain acceptable operation and to meet the odor
control goals established by the County. This frequency shall be no less
than twice per month.
2. At each visit, Siemens Water Technologies performs the following tasks at
a minimum:
a. Measure and record inlet and outlet H2S and/or NH3 levels, as
appropriate per vapor phase odor control installation. Troubleshoot
system as necessary to correct high discharge levels.
b. Measure and record dissolved sulfides, H2S, nitrates, pH and
temperature as appropriate at each control point for liquid phase
odor control system. Adjust dosing profile as necessary to meet
performance objectives.
c. Measure and record scrubbing solution pH via grab sample and
compare to pH controller. Calibrate/troubleshoot/repair pH control
.- system and/or chemical feed system as necessary.
SIEMENS
~ d. Measure and record scrubbing solution chlorine residual.
Calibrate/troubleshoot/repair ORP control system and/or sodium
hypochlorite feed system as necessary
e. Inspect and record scrubber and biofilter make-up water flow rate.
Adjust as necessary.
f. Inspect chemical feed line wye strainers. Clean as necessary.
g. Visually inspect scrubber packing, biofilter media, spray nozzles,
and pH/ORP probes for scaling or fouling. Perform cleaning
procedure(s) as necessary.
h. Inspect all pumps and blower(s) for leaks and vibration. Correct as
necessary.
i. Check calibration of chemical feed pumps, advanced dosing
controllers, and H2S Monitors to assure proper dosing.
j. Perform any other tasks/repairs necessary to maintain/achieve
proper operation of the systems.
3. In addition to the tasks described above, any and all calibration,
.~ lubrication, or other maintenance shall be performed in accordance with
the methods and frequency specified by the Equipment Manufacturer.
D. EMERGENCY/ODOR COMPLAINT RESPONSE
Siemens Water Technologies provides same-day response to any emergency
repair need or odor complaint. This is accomplished by the local Service Center
located in Sarasota, FL
E. REPLACEMENT PARTS
Any and all replacement parts required for the provision of the services as
described in these specifications are typically of the same make and model as
the original equipment. Equipment design and replacement are the responsibility
of Siemens Water Technologies.
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SIEMENS
~.... Sample Reports
This section contains examples of reports and analysis that Siemens Water
Technologies currently generates for the County. These examples are listed
with a brief description below.
1. Lakewood Ranch Master - an example of preliminary investigation and
implementation of an odor and corrosion control solution, including pre- and
post-treatment grab and continuous monitoring data.
2. Randomly Selected Survey Data Sheets - all chemical feed sites (control
points) are measured and recorded twice each month.
3. Scrubber Log Sheets - one example of the typical scrubber log sheets for
one month. Scrubber logs maintained on every scrubber.
4. Biofilter Log Sheets - one example of the typical biofilter log sheets for one
month. Scrubber logs maintained on every scrubber.
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SIEMENS
.- Safety Plan
The Siemens philosophy of Safety Management is that each employee has a key role in
maintaining an accident free workplace - both on and off site. This is accomplished
through training and awareness. and through various inspection processes.
Our facility has an established Safety Committee to provide leadership for the safety
program and to promote safety awareness. They meet on a monthly basis to discuss
the following:
. Follow-up on action items
. Review of accidents and safety statistics
. Report on monthly audit
. Issues brought before the committee
. Appropriate training programs
. Update action item list
Our facility also conducts Employee Safety Meetings on a monthly basis. These
meetings are designed to:
-
. Review any accidents since the last meeting including causes and corrective
actions
. Review monthly safety audit
. Discuss monthly (corporate) safety topic
. Discuss local safety issues
. Take questions and observations from employees
Safety Audits are conducted on a monthly basis. These inspections include not only
the grounds. but also the equipment and techniques used by our employees including
field personnel.
Siemens employees are trained in the following programs depending on their job
classification and exposure to hazards. Employees not trained in these programs will
not be able to work in the department or area until the training has been completed.
.:. Hazard Communications - Employees who work with or around chemicals will
be trained in the following areas:
. Material Safety Data Sheets- how to use them and where they can be
found. These are supplied with each chemical delivery vehicle.
- . Labeling requirements and reading labels - all chemical tanks are labeled
using the proper Hazardous Material Infonnation System label.
SI EM ENS
. Hazards handling procedures, and first aid for the chemicals in use.
... Hazards associated with non routine tasks
.
. Contractor notification
.:. Lockout/Tagout - Employees who service, maintain, or install equipment will
be trained in LockoutlTagout procedures. These are the only employees
authorized to lockout power or stored energy sources. All other employees
are aware that a locked out piece of equipment cannot be started except by
the employee who locked it out.
.:. Personal Protective Equipment - All field employees are required to wear
safety glasses and steel toed safety shoes. They are also supplied individual
P.P.E. bags which contain all of the safety items that they may need at the
work site.. They are required to have these with them at all times.
.:. Confined Space Entry - Any employee required to enter a confined space
such as a tank or Lift Station is trained to seek authorization from a
Supervisor and file the appropriate forms before they begin. They are trained
in the proper methods of entry and supplied the personal monitoring
equipment to assure the environment is safe, and remains so throughout their
service session.
.:. Additional Programs include, but are not limited to: Bloodborne Diseases,
Accident Reporting, Hearing Conservation, Fall Protection, Ladder Safety,
and Driver Safety.
These programs are designed to ensure that all personnel maintain a safe environment
at all times. Coupled with the additional measures such as cross-link polyethylene
tanks, above ground storage of tanks within containment pads, GFCI breakers. and
regular inspections of tanks and various site equipment. Siemens makes safety our
number one priority.
.....
SIEMENS
,...
Warning Notices
Siemens Water Technologies has received NO warning notices within the last
three years. Therefore no consent actions were levied against our facility. This
Section is not applicable.
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SIEMENS
Cost Summary
The following provides a listing of the Odor/Corrosion Control Products and Services to
be supplied by the "Contractor" (Siemens Water Technologies Corp.) as deemed
necessary to achieve the treatment objectives stipulated by Manatee County. This
listing includes items currently being used by the County, as well as items the County
may need in the future. While this list provides a substantially complete range of proven
odor/corrosion control products and services, options for adding new advances in
technology should be allowed to ensure the County maintains "state of the art"
treatment.
Our proposed costs are presented in the following sections:
A. CHEMICAUBIOLOGICAL PRODUCTS
B. EQUIPMENT
C. PROFESSIONAL SERVICES & OTHER PRODUCTS.
D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES
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SIEMENS
~
A. CHEMICAL/BIOLOGICAL PRODUCTS
Item Proposed
# Description Price
1 Bioxide $ 1.89 /oal
2 Bioxide AQ $ 2.65 /oal
3 Bioxide A+ $ 2.80 /oal
4 *A+ $ 1.50 /oal
5 Bioxide AE 45 $ 2.35 /oal
6 Nitrazvme Plus $ 1.75 /oal
7 Odophos 0.5 Ib/oal $ 0.48 /oal
8 OdoFree $ 0.92 /oal
9 Ferric Sulfate 10% $ 0.95 /oal
10 Textone L (NaCI02) $ 0.65 /Ib
11 Endimal 1500 $ 1.36 /Ib
12 Hvdroaen Peroxide 50% $ 0.38 /Ib
13 PR1-SC Peroxide $ 0.42 /Ib
14 VX-456 $ 1.12 /Ib
15 Aouit $ 15.00 /Ib
16 *Sodium Hydroxide 25% $ 1.40 /oal
~ 17 *Sodium Hvdroxide 50% $ 2.70 loal
,. 18 **Sodium Hvpochlorite $ 1.30 loal
19 Friendly Scrubber Component (FSC 150) $ 3.25 /Ib
All product prices within this section include delivery, application equipment, ongoing
maintenance. technical evaluation/support service, and technology licenses.
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SIEMENS
B. EQUIPMENT
.
The following table includes pricing for vapor-phase treatment equipment
installed prior to September, 2007 (i.e., prior to the execution of this contract).
Existing System Pricing:
Proposed FSC Proqram
Item Monthly 25-75 ppm 75-125
# Description Rental Fee Ave ppm Ave
Wet Scrubbers Non-FSC F:SC
1 <100 CFM (Sinole Staoe) $ 500 $ 615 $ 730
2 100-400 CFM (Two Staoe) $ 920 $ 1.208 $ 1 ,496
3 300-1000 CFM (Three Staoe) $ 1,130 $ 1 ,499 $ 1,867
4 500-1000 CFM(w/ Acid Staqe) $ 1,600 NlA N/A
5 1000-2000 CFM $ 1,800 $ 2.537 $ 3,275
6 2000-6000 CFM $ 3.500 $ 4,998 $ 6,495
7 9000-11000 CFM $ 3,500 $ 5,228 $ 6,956
Biological scrubber
1 Natural Draft $ 100
2 <75 CFM $ 350
3 75-150 CFM $ 750
4 150-350 CFM $ 1,050
5 350-500 CFM $ 1,300
Carbon scrubber
1 <75 CFM $ 350
2 75-200 CFM $ 800
3 200-400 CFM $ 1,100
4 400-600 CFM $ 1,350
-
SIEMENS
.... The following table represents monthly cost for new installations installed in Manatee
County after September 2007. All fees assume a minimum of 24 months for new sites.
Siemens Water Technologies will work with Manatee County on providing the most
cost-effective solutions for odor and corrosion issues. The County will be charged the
following rates based on air flow and H2S levels on sites with relatively stable hydrogen
sulfide loading and typically low organic loads. This table represents Siemens primary
vapor phase technology choices. Due to loading and/or site constraints some sites may
require the application of chemical scrubbers. Please see the next page for those
applications.
Siemens Water Technologies Primary Vapor-Phase Technologies Monthly Costs
Average H25 Concentration (ppmv)
Item Air Flow A B C 0
# Rate (cfm) <10 10-100 100-200 200-500
1 Natural Draft $100 $250 N/A N/A
2 75 CFM $460 $630 $760 $1,320
3 150 CFM $625 $760 $1.320 $1,635
4 350CFM $1,300 $1 ,320 $1,635 $1,810
5 600 CFM $1,500 $1 ,635 $1,810 $2,540
~ 6 850 CFM $1 ,740 $1,810 $2,1 85 $3,200
I 7 1150 CFM $1.790 $2, 1 85 $2.540 $3,500
8 1500 CFM $2,020 $2,540 $2,745 $3,700
9 2000 CFM $2,290 $2,745 $3,430 $4,100
10 3000 CFM $2,695 $3,430 $3,930 $4,900
11 4000 CFM $2,945 $3,930 $4,900 $5,900
12 5000 CFM $3,630 $4,620 $5,900 $6,800
13 8000 CFM $5,425 $6,200 $7,000 $8.000
14 12000 CFM $7,410 $8,500 $9,500 $10,500
15 15000 CFM $8,100 $10,500 $11,500 $12 500
16 18000 CFM $8,630 $12,500 $13,000 $15,000
....
SIEMENS
The following table represents monthly cost for new chemical scrubber installations
installed in Manatee County after September 2007. All fees assume a minimum of 24
months for new sites.
Locations requiring vapor phase solutions with H2S inlet concentration swings greater
than 50% of the average loading or significant ammonia/organic odor may require a
chemical scrubber listed in the tables below:
Siemens Water Technologies Chemical Scrubber Monthly Costs
FSC Prooram
25 -75 75-125
Item ppm H2S ppm H2S
# Wet Scrubber Description New Fee Ave Ave
1 100 CFM (Sinole Staoe) $ 1,030 $ 1,168 $ 1,306
2 450 CFM (Two Staoe) $ 1,026 $ 1,649 $ 1,994
3 450 CFM (Three Stage) $ 1,548 $ 1,894 $ 2,239
4 900 CFM (Three Stage) $ 1,664 $ 2,106 $ 2,549
5 900 CFM (Three Staoe w/Acid) $ 1,706 N/A NJA
6 2000 CFM $ 3,290 $ 4,174 $ 5,059
7 4000 CFM $ 3,368 $ 5,165 $ 6,962
8 4000 w/ Acid Staoe $ 4,330 NJA NJA
9 5500 CFM $ 4,786 $ 6,721 $ 8,657
10 7100 CFM $ 4,872 $ 6,877 $ 8,881
11 9100 CFM $ 5,016 $ 7,089 $ 9,163
12 11200 CFM $ 5.398 $ 7,887 $ 10,375
13 13600 CFM $ 5,848 $ 8,751 $ 11,654
14 16200 CFM $ 6.150 $ 9,468 $ 12.786
15 20000 CFM $ 6,653 $ 10,386 $ 14,118
16 24500 CFM $ 7,128 $ 11,275 $ 15,422
For scrubber systems above that are not utilizing the "Friendly Scrubber Program",
sodium hydroxide and sodium hypochlorite can be supplied at the pricing shown in
Schedule A.
Should the County desire to employ the FSC program on systems that are not currently
covered under our services program, FSC can be provided on a per pound basis as
shown in Schedule A.
.~
51 EMENS
~
C. PROFESSIONAL SERVICES & OTHER PRODUCTS.
Scrubber Maintenance Contracts
Siemens will operate and maintain the following scrubber systems owned by Manatee
County as shown below. Siemens will provide all service and will invoice the County for
parts plus 15% for all items over $100 on the units below:
Product
Description Proposed Price
1. Scrubber Maintenance @ $1,098/mo.
Southwest Regional Waste
Water Treatment Plant
2. Scrubber Maintenance @ $898/mo.
Southeast Regional Waste
Water Treatment Plant
,. Fully Automated Odor Control Products
Product
Description Proposed
1 H2S Monitor $345/mo.
2. Advanced Dosing Controller & Monitor $420/mo
Monthly fee includes Internet access to data. County shall be responsible for any
necessary site improvements, utilities, and security required for the application of the
products and services listed herein.
Professional Services:
The following services are offered in conjunction with odor control projects that do not
include provision of technologies or services from Siemens that are found elsewhere in
this contract:
Service
Description Fee
1. Engineer or Chemist $160.00/hr.
2. Technician $100.00lhr.
..... 3. Professional Engineer (P.E.) $300.00lhr.
SIEMENS
D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES
The pricing included herein is proposed for the first annual contract period. Siemens
Water Technologies proposes that the contract be subject to annual renewals at the
mutual consent of both parties for as many years as deemed beneficial to both parties.
We propose that prices be adjusted at the time of annual renewal per the U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI), except for
the following commodity products.
*Sodium Hydroxide - Price to be adjusted annually by the CMAI (Caustic
Manufacturers Index).
**Sodium Hypochlorite - Price to be adjusted annually based on local Florida
market conditions.
The price lists reflect the price structure Siemens Water Technologies proposes for the
first contract period. This pricing reflects a volume discount based on Manatee
County's sales volume, which historically is well above the threshold values. Should
volume drop below the thresholds listed. surcharges as defined would apply.
1. Gross sales below $500,000 yearly will increase all costs in this proposal by 5%.
2. Gross sales below $250,000 yearly will increase all costs in this proposal by
10%.
Sales volume for pricing purposes shall be determined at contract start based on
estimated budget and shall be reviewed at annual renewal unless sales volume
levels change by 20% or more during the year.
~
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~
Clerk of the CIrcuIt Court and Comptroller a lJ
i I · P.o. 'M 25400 . "'''''D'. FlD"" J 4206 . '94" 749-1 '00 . FAX (94 II 74 1-4081 . WWW.~'''_'''",m
September 12, 2007
r --
I
TO: Siemens Water Technolo;)ies
2650 Tallevast Road
Sarasota, FL 34243
FROM: Clerk of Circuit Court
Board Records Department
Quantana Acevedo /?t(;; .
P. O. Box 25400 '-..-/..., ~
Bradenton, FL 34206 _!
RE: Agreement -
Odor and Corrosion Control Services
Approved: In open session by the Board of County Commissioners,
Manatee County, Florida on September 11,2007.
cc: Board Records
Signature page to Frank Lambertson, Purchasing (via e-mail)
RBSjqa
Clerll or Clrculc ana [OUn!Y [OUr[ _ Clerk of Board of County Commls51oners - [ouncy Compcrcller AudItor and Recorder
AGREEMENT FOR
ODOR AND CORROSION
CONTROL SERVICES
THIS AGREEMENT is made by and between the County of Manatee, a political
subdivision of the State of Florida, hereinafter referred to as "County", with offices located
at 1112 Manatee Avenue West, Bradenton, FL 34205-7804 and Siemens Water
Technologies hereinafter referred to as "Contractor", with offices located at2650 Tallevast
Road. Sarasota, FL 34243.
WHEREAS, the County has determined that it is necessary, expedient and in the
best interest of the County to retain Contractor to provide odor and corrosion control
services for the Utility Operations Department; and
WHEREAS, the County caused a public announcement to be made, distributed and
published requesting proposals (RFP 07 -5835FL) dated March 8, 2007 for the selection of
a contractor to provide odor and corrosion control service as provided in this Agreement;
and
WHEREAS, the Contractor submitted a proposal, dated April 1 0,2007 in response
to this request for proposals (RFP 07-5835FL), and subsequently made presentations and
supplementary representations which were relied upon by the County in selecting the
Contractor. The capacity of the Contractor to provide odor and corrosion control services
is an essential relationship of trust and confidence between and County and the
Contractor, and
WHEREAS, this Agreement is the result of competitive negotiation procedures
instituted by the County.
WITNESSETH: for and in consideration of the foregoing premises and the mutual
covenants herein contained, it is agreed by and between the parties hereto as follows:
ARTICLE 1: SCOPE OF SERVICE. The Contractor covenants and represents to County
that Contractor shall provide services as described in Attachment A. hereinafter referred to
as the "Scope of Services".
ARTICLE 2: CONTRACT DOCUMENTS. The Contractor shall comply with the following
attachments which are attached and made a part of this Agreement:
Attachment "A" --- Scope of Services
Attachment "B" --- Payments
Attachment "C" --- Special Conditions
Attachment "0" --- Insurance Certificate
In the event of a conflict between the terms and conditions provided in Articles in this part
of the Agreement and any attachment or exhibit, the Provisions contained within these
Articles shall prevail unless the term or provision in the attachment or exhibit specifically
states that it shall prevail.
ARTICLE 3: LIMITATION OF COSTS AND PAYMENTS. Contractor shall be paid by
County an amount in accordance with Attachment B for the provision of the Scope of
Services. Contractor has been advised that no Contractor or employee of the County may
authorize an increase in the above amount as evidenced by the initials of Contractor's
representative in the margin. Any increase in total compensation must be authorized in
writing by the Board of County Commissioners.
ARTICLE 4: CONTRACT TERM. A. Unless renewed or terminated as provided in this
Agreement, this Agreement shall be for a period of one year, commencing September 13,
2007 and ending September 12, 2008.
B. Renewals or extensions of this Agreement, if any, shall be as specified in Attachment
"C" Special Conditions.
ARTICLE 5: TERMINATION. A. This Agreement may be terminated by either party for
any reason or for no reason by giving to the other party no less than thirty (30) days written
notice of intent to terminate. County may terminate this Agreement immediately by delivery
of written notice to Contractor upon determining that Contractor has failed to comply with
the terms of this Agreement. If Contractor fails to comply with the terms of this Agreement,
the Contract Administrator may, upon written notification to Contractor withhold payment
until Contractor complies with the conditions or terms. The notice shall specify the manner
in which the Contractor has failed to comply with this Agreement.
B. Upon expiration or termination of this Agreement for any reason, the Contractor shall
prepare all final reports and documents required by the terms of the Agreement up to the
date of termination. Contractor's final request for payment and other documents required
shall be submitted to County within fifteen (15) calendar days after termination of this
Agreement. County shall not be responsible for any charges, claims or demands not
received within the fifteen (15) day period.
ARTICLE 6: NOTICES. All notices or written communications required or permitted
hereunder shall be deemed to have been given when received if hand delivered or when
deposited in the U.S. mail, postage paid and addressed as follows:
If mailed to Contractor: Siemens Water Technologies
Attn: Vaughan Harshman, P.E.
2650 Tallevast Road
Tallevast, FL 34270-0029
If by hand delivery: Siemens Water Technologies
Attn: Vaughan Harshman, P.E.
2650 Tallevast Road
Sarasota, FL 34243
If mailed to County: Manatee County Utility Operations Department
Attn: Daniel Gray, Director
4410 66th Street West
Bradenton, FL 34210
If by hand delivery: Manatee County Utility Operations Department
Attn: Daniel Gray, Director
4410 66th Street West
Bradenton, FL 34210
Notice of termination or withholding of payment shall be served by certified or registered
mail, return receipt requested or by hand delivery.
ARTICLE 7: GENERAL CONDITIONS.
A: MAINTENANCE OF RECORDS.
i. Contractor shall maintain records, accounts, property records, and personnel records in
accordance with generally accepted accounting principles, as deemed necessary by
County to assure proper accounting of funds and compliance with the provisions of this
Agreement.
ii. Contractor shall provide County all necessary information, records and contracts
required by this Agreement as requested by County for monitoring and evaluating services.
Contractor's information shall be made available to County for audit, inspection or copying
during normal business hours and as often as County may deem necessary, except for
client records protected by client confidentiality rules or regulations established by State or
Federal law. In cases where client confidentiality applies, Contractor shall provide
requested records in a fashion which maintains confidentiality. County shall have the right
to obtain and inspect any audit pertaining to the performance of this Agreement or License
made by any local. State or Federal Agency. Contractor shall retain all of its records and
supporting documents related to this Agreement in accordance with all applicable laws,
rules and regulations; in the absence of any other requirement, such records and
supporting documents will be retained by Contractor for at least three (3) years after the
termination of this Agreement.
B: COMPLIANCE WITH LAWS; NON-DISCRIMINATION. The performance of this
Agreement shall be in compliance with all applicable laws, orders and codes of Federal,
State, and local governments and the Americans with Disabilities Act. Additionally
Contractor covenants and agrees that no person shall on the grounds of race, creed, color,
handicap, national origin, sex, age, political affiliation or beliefs be excluded from
participation in, be denied the benefits of employment by Contractor, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
3
available by the County.
C: LICENSES. Contractor shall obtain any licenses required to provide the Scope of
Services and maintain full compliance with any licensure requirements. Copies of reports
provided to or by any licensing or regulatory agency shall be forwarded to the County within
ten days after receipt by Contractor.
D: CONTRACTUAL LIABILITY. The relationship of the Contractor to the County shall be
that of an independent Contractor. Nothing herein contained shall be construed as vesting
or delegating to the Contractor or any of the officers, employees, personnel, Contractors, or
subcontractors of the Contractor any rights, interest or status as an employee of the
County. The County shall not be liable to any person, firm or corporation that is employed
by, contracts with or provides goods or services to the Contractor in connection with the
Scope of Services or for debts or claims accruing to such parties. Contractor shall
promptly pay, discharge or promptly take such action as may be necessary and reasonable
to settle such debts or claims.
E: SUBCONTRACTORS. Contractor agrees that the Scope of Services shall be provided
by employees of Contractor and not by subcontractors. Nothing herein shall preclude
employment of personnel through a lease or similar arrangement with the approval of
County's representative, or contracts or leases for materials, supplies, facilities and other
support services for Contractor's Scope of Services.
F: NON-ASSIGNABILITY. Contractor may not assign, transfer, or encumber this
Agreement or any right or interest in this Agreement.
G: CONTRACTOR'S REPRESENT A TIVES. Within thirty (30) days from the date of
execution of this Agreement by both parties, Contractor shall provide the County with a list
of representatives authorized to act on behalf of the Contractor.
ARTICLE 8: INDEMNIFICATION. The Contractor hereby agrees to indemnify, defend,
save and hold harmless the County from all costs, expenses, claims, demands, liabilities,
judgments and suits of any nature whatsoever, arising out of, because of, or due to any
negligent error, omission, or act of professional malpractice by the Contractor, or due to the
breach of this Agreement by the Contractor, his subcontractors, agents or employees. It is
specifically understood and agreed that the provisions of this Article are not intended to
cover or indemnify the County for its own negligence or breach of Contract.
ARTICLE 9: INSURANCE. Without limiting any of the other obligations or liabilities of the
Contractor. the Contractor shall, at the Contractor's sole expense, procure, maintain and
keep in force amounts and types of insurance conforming to the nature and type
represented by the Certificates of Insurance attached hereto as Attachment D. Upon due
notice from County, Contractor shall procure additional insurance as may reasonably be
requested by the County to protect the County from liability.
4
Until such time as the insurance is no longer required, the Contractor shall provide the
County with renewal or replacement certificates of insurance not less than 15 days prior to
the expiration or replacement of the insurance for which a previous certificate has been
provided, In the event a renewal or replacement certificate is not available Contractor
shall, not less than 15 days prior to expiration of any existing policy, provide County with
evidence of a binder proving continuation of coverage and a new certificate as reasonably
soon as possible,
Manatee County, a political subdivision of the State of Florida, shall be named as an
additional insured on the certificate of insurance evidencing commercial general liability
coverage. Further, Manatee County will be provided with copies of all underlying additional
insured endorsements. County shall be under no obligation to pay Contractor for any
services provided or for any costs associated with Contractor's Scope of Services for any
period of time not covered by the insured required under this Agreement.
ARTICLE 10: COUNTY'S CONTRACT ADMINISTRATOR. Mr. Daniel Gray, Director,
Manatee County Utility Operations Department or such other employee as may be
desig'nated in writing by the County's Purchasing Manager shall serve as County's Contract
Administrator and is authorized to interpret this Contract and designate such additional
employees as may be required to monitor Contractor's performance, provide technical
assistance, and assume other administrative duties associated with the implementation of
this Agreement. Disputes over any provision not satisfactorily resolved with the Contract
Administrator shall be referred to the Purchasing Manager or his designee.
ARTICLE 11: AMENDMENTS. This Agreement may not be modified, amended or
extended orally. This Agreement may be amended only by written agreement executed by
the governing bodies of both parties.
ARTICLE 12: SEVERABILITY. In the event that any paragraph of this Agreement is
adjudged by a court of competent jurisdiction to be invalid, such adjudication shall not
affect or nullify the remaining paragraphs hereof, but shall be confined solely to the
paragraphs involved in such decision.
ARTICLE 13: HEADINGS. All articles and descriptive headings of paragraphs in this
Agreement are inserted for convenience only and shall not affect the construction or
interpretation hereof.
ARTICLE 14: AUTHORITY TO EXECUTE. Each of the parties hereto covenants to the
other party that it has lawful authority to enter into this Agreement and has authorized the
execution of this Agreement by the party's authorized representative.
5
THE CONTRACTOR agrees to perform or render services in accordance with this
Agreement for Odor and Corrosion Control Services according to the method of
compensation as set forth within this Agreement, upon authorization by Manatee County.
WITNESSES: SIEMENS WATER TECHNOLOGIES
1 ' - -
. " I~ j,' / ;. . ", ~'" ~',
Sign Name: -,......,...? l.t/c..-- ! i- ~,I,.;.rC.-< 2_ By: \ J", ~ \~ _l -
'V
Print Name: Print Name: i\:' 1..- (.f , ) ;,,/ t. ! I
.... ~..- ,'. .-' / .-:,~t...' _,':"/ .' .
. ,
'\ ....--"./ . ~....\
I : ./! . <:. ! . .
Title: ! ,'. ,i~'; ( ':::_ I lie t': 1.
Sign Name:, _ ..-/t'. i' -, r..~ l \ f l" .~ ,/ ( r
Print Name: I) ;<::.' iT-- ;' Phone Number: '~i L; ;'. /)S ( - ' ~ ; , /
RecoMed C'~, C Approved as to Format and Correctness
S/22/07 I
Sign: W'- ~ Sign: ~. \' j '\ ~.r/\. (~ \ ! -)._ i..,....:rl ~
Daniel Gray, Director R: C. "Rob" uthbert, C.P.M'I
Utility Operations Department \ Purchasing ivision .
\
...1.)'" ~,
APPROVED, with a quorum presented and voting this ~day of ',.?kL~,"n:ij , 2007
"COUNTY"
COUNTY OF MANA TEE, a political sub.
division of the State of Florida
::!Sign: )
''::;
ATTACHMENT "A": SCOPE OF SERVICES
A01 GENERAL OVERVIEW
Contractor will provide Odor and Corrosion Control Services for the
Manatee County Utility Operations Department, Lift Station and Treatment
Plants Divisions. The Contractor shall furnish the necessary personnel,
materials, supplies, transportation, services and otherwise do all things
necessary to provide Odor and Corrosion Control Services. The
Contractor shall provide specific odor/corrosion treatment, related
wastewater treatment plant issues/costs, establishing objectives and
monitoring programs for odor/corrosion control treatment.
A02 GENERAL REQUIREMENTS
a. Contractor shall provide the latest technically proven and most cost
effective means of treatment possible. Contractor shall provide
problem definition, treatment selection and ongoing monitoring
process.
b, Contractor shall establish a monthly communication link with
County personnel as determined by the Wastewater Division
Manager. The County shall have final approval of ongoing
odor/corrosion co ntro I planning and adjustment process as
wastewater collection/treatment systems continue to expand.
c. Contractor shall, based upon treatment and budgetary objectives
established by the Utility Operations Department, refine and adjust
the existing odor/corrosion control program. The program shall
include but not be limited to expanding services to wastewater
treatment plants and designated pumping stations, adjusting the
combination of current odor/corrosion products, and pilot testing
additional treatment techniques as particular situations dictates
alternative techniques and more cost effective programs.
d. Contractor shall provide a service/maintenance program to include
routine gathering of dissolved and atmospheric hydrogen sulfide
data using portable and fixed devices at key monitoring points. The
extent of the data collection will be approved by the Wastewater
Division Manager and followed with regular written reports to the
County. Contractor shall provide services that include traffic
control, safety measures for both the public and workers, and shall
coordinate all scheduling with County approval.
1
e. Contractor shall provide an introductory and organizational seminar
regarding its services and staff members to the County
representatives within thirty (30) days after contract award.
f. The Contractor shall hold at least one (1) yearly workshop for a
County employees at a County designated location to describe the
latest techniques in the odor and corrosion control treatment. An
agenda and detailed outline of topics for the workshop shall be
provided to the County at least thirty (30) days prior to each
workshop as agreed to by the County,
g. The Contractor shall work with the County in establishing priorities
in performing all work. Contractor shall respond to all calls of odor
complaints within six (6) hours.
h. The Contractor shall be completely responsible for the control of
the environment of the work site during on-site operations. All
precautions shall be taken by the Contractor to protect the workers,
public and County staff from any exposure to harmful or hazardous
substances within the sewer system and from dangerous work
materials and equipment.
i, Contractor shall be fully responsible for the operation of their
vehicles and handling of all materials related to the odor and
corrosion control services at all locations within the County.
J. Contractor shall be fully responsible for conforming to any and all
requirements regarding handling, hauling, spill reporting and
disposal of chemicals for the control services provided at each
County work site in accordance with OSHA regulations and those
that may be mandated by Federal or State Governments.
k. Contractor shall prepare an annual report detailing the ongoing
odor and corrosion control treatment program and any specific
odor and control analysis that has been performed.
I. Contractor shall inform the County of its planned work schedule
and shall afford the County reasonable opportunity to observe and
inspect the Contractor's work in progress.
m. The Contractor shall provide a safety seminar every six (6) months
to selected County employees describing all safety precautions
necessary for odor and corrosion control chemicals that are in use
and copies of MSDS sheets for those chemicals.
2
ATTACHMENT liB": PAYMENTS
A. CHEMICAL/BIOLOGICAL PRODUCTS
Item Proposed
# Description Price
1 Bioxide $ 1.89 /Qal
2 Bioxide AQ $ 2.65 /oal
3 Bioxide A+ $ 2.80 /oal
4 *A+ $ 1.50 loal
5 Bioxide AE 45 $ 2.35 loal
6 Nitrazyme Plus $ 1.75 Igal
7 Odoohos 0.5 Ib/gal $ 0.48 Igal
8 OdoFree $ 0.92 IQal
9 Ferric Sulfate 10% $ 0.95 IQal
10 Textone L (NaCI02) $ 0.65 lIb
11 Endimal 1500 $ 1.36 lib
12 Hydrogen Peroxide 50% $ 0.38 lib
13 PRI-SC Peroxide $ 0.42 /Ib
14 VX-456 $ 1.12 lib
15 Aquit $ 15.00 lIb
16 *Sodium Hydroxide 25% $ 1.40 Igal
17 *Sodium Hydroxide 50% $ 2.70 loa I
18 **Sodium Hypochlorite $ 1.30 /gal
19 Friendly Scrubber Component (FSC 150) $ 3.25 lib
All product prices within this section include delivery, application equipment, ongoing
maintenance, technical evaluationlsupport service, and technology licenses.
1
B. eQUIPMENT
The following table includes pricing for vapor-phase treatment equipment
installed prior to September, 2007 (i.e., prior to the execution of this contract).
Existing System Pricing:
Proposed FSC Proqram
Item Monthly 25-75 ppm 75-125
# DescriDtion Rental Fee Ave ppm Ave
Wet Scrubbers Non-FSC FSC
1 <100 CFM (Sinale Staae) $ 500 $ 615 $ 730
2 100-400 CFM (Two Staqe) $ 920 $ 1,208 $ 1,496
3 300-1000 CFM (Three Staqe) $ 1,130 $ 1.499 $ 1,867
4 500-1000 CFM(wl Acid Staae) $ 1,600 NlA N/A
5 1000-2000 CFM $ 1,800 $ 2,537 $ 3,275
6 2000-6000 CFM $ 3,500 $ 4,998 $ 6,495
7 9000-11000 CFM $ 3,500 $ 5,228 $ 6,956
Biological scrubber
1 Natural Draft $ 100
2 <75 CFM $ 350
3 75-150 CFM $ 750
4 150-350 CFM $ 1,050
5 350-500 CFM $ 1,300
Carbon scrubber
1 <75 CFM $ 350
2 75-200 CFM $ 800
3 200-400 CFM $ 1,100
4 400-600 CFM $ 1,350
2
The following table represents monthly cost for new installations installed in Manatee
County after September 2007. All fees assume a minimum of 24 months for new sites.
Siemens Water Technologies will work with Manatee County on providing the most
cost-effective solutions for odor and corrosion issues. The County will be charged the
fallowing rates based on air flow and H2S levels on sites with relatively stable hydrogen
sulfide loading and typically low organic loads. This table represents Siemens primary
vapor phase technology choices. Due to loading and/or site constraints same sites may
require the application of chemical scrubbers. Please see the next page for those
applications.
Siemens Water Technologies Primary Vapor-Phase Technologies Monthly Costs
Average H2S Concentration (ppmv)
Item Air Flow A B C D
# Rate (cfm) <10 10-100 1 00-200 200-500
1 Natural Draft $100 $250 N/A N/A
2 75 CFM $460 $630 $760 $1,320
3 150 CFM $625 $760 51,320 $1 ,635
4 350CFM $1 .300 $1 ,320 51 ,635 $1.810
5 600 CFM $1.500 $1 ,635 51,810 $2,540
6 850 CFM $1,740 $1,810 52,185 $3,200
7 1150 CFM $1,790 $2.185 52,540 $3,500
8 1500 CFM $2,020 $2,540 52,745 $3.700
9 2000 CFM $2,290 $2,745 53,430 $4,100
10 3000 CFM $2.695 $3,430 $3,930 $4,900
11 4000 CFM $2,945 $3,930 $4,900 $5,900
12 5000 CFM $3,630 $4,620 $5,900 $6,800
13 8000 CFM $5.425 $6,200 $7,000 $8,000
14 12000 CFM $7.410 $8.500 $9,500 $10.500
15 15000 CFM $8,100 $10.500 $11,500 $12500
16 18000 CFM $8,630 $12,500 $13,000 $15,000
3
The following table represents monthly cost for new chemical scrubber installations
installed in Manatee County after September 2007. All fees assume a minimum of 24
months for new sites.
Locations requiring vapor phase solutions with H2S inlet concentration swings greater
than 50% of the average loading or significant ammonia/organic odor may require a
chemical scrubber listed in the tables below:
Siemens Water Technologies Chemical Scrubber Monthly Costs
FSC Proaram
25 -75 75-125
Item ppm H2S ppm H2S
# Wet Scrubber Description New Fee Ave Ave
1 100 CFM (Sinale Staae) $ 1.030 $ 1,168 $ 1,306
2 450 CFM (Two Staae) $ 1,026 $ 1,649 $ 1,994
3 450 CFM (Three Staae) $ 1,548 $ 1,894 $ 2,239
4 900 CFM (Three Staae) $ 1,664 $ 2,106 $ 2,549
5 900 CFM (Three Staqe w/Acid) $ 1,706 N/A NJA
6 2000 CFM $ 3,290 $ 4,174 $ 5,059
7 4000 CFM $ 3,368 $ 5,165 $ 6,962
8 4000 wi Acid Staae $ 4,330 N/A N/A
9 5500 CFM $ 4,786 $ 6,721 $ 8,657
10 7100 CFM $ 4,872 $ 6,877 $ 8,881
11 9100 CFM $ 5.016 $ 7,089 $ 9,163
12 11200 CFM $ 5,398 $ 7.887 $ 10,375
13 13600 CFM $ 5,848 $ 8.751 $ 11,654
14 16200 CFM $ 6,150 $ 9,468 $ 12.786
15 20000 CFM $ 6,653 $ 10,386 $ 14,118
16 24500 CFM $ 7,128 $ 11,275 $ 15,422
For scrubber systems above that are not utilizing the "Friendly Scrubber Program",
sodium hydroxide and sodium hypochlorite can be supplied at the pricing shown in
Schedule A.
Should the County desire to employ the FSC program on systems that are not currently
covered under our services program, FSC can be provided on a per pound basis as
shown in Schedule A.
4
C. PROFESSIONAL SERVICES & OTHER PRODUCTS.
Scrubber Maintenance Contracts
Siemens will operate and maintain the following scrubber systems owned by Manatee
County as shown below. Siemens will provide all service and will invoice the County for
parts plus 15% for all items over $100 on the units below:
Product
DescriDtion Pro Dosed Price
1. Scrubber Maintenance @ $1,098/mo.
Southwest Regional Waste
Water Treatment Plant
2. Scrubber Maintenance @ $898/mo.
Southeast Regional Waste
Water Treatment Plant
Fully Automated Odor Control Products
Product
Description Proposed
1 H2S Monitor $345/mo.
2. Advanced Dosing Controller & Monitor $420/mo
Monthly fee includes Internet access to data. County shall be responsible for any
necessary site improvements, utilities, and security required for the application of the
products and services .listed herein.
Professional Services:
The following services are offered in conjunction with odor control projects that do not
include provision of technologies or services from Siemens that are found elsewhere in
this contract:
Service
DescriDtion Fee
1. Engineer or Chemist $160.00/hr.
2. Technician $100.00/hr.
3. Professional Engineer (P.E.) $300.00/hr.
5
D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES
The pricing included herein is proposed for the first annual contract period. Siemens
Water Technologies proposes that the contract be subject to annual renewals at the
mutual consent of both parties for as many years as deemed beneficial to both parties,
We propose that prices be adjusted at the time of annual renewal per the U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI), except for
the following commodity products.
*5odium Hydroxide - Price to be adjusted annually by the CMAI (Caustic
Manufacturers Index).
**5odium Hypochlorite - Price to be adjusted annually based on local Florida
market conditions.
The price lists reflect the price structure Siemens Water Technologies proposes for the
first contract period. This pricing reflects a volume discount based on Manatee
County's sales volume, which historically is well above the threshold values. Should
volume drop below the thresholds listed, surcharges as defined would apply.
1. Gross sales below $500,000 yearly will increase all costs in this proposal by 5%.
; 2. Gross sales below $250,000 yearly will increase all costs in this proposal by
10%.
Sales volume for pricing purposes shall be determined at contract start based on
estimated budget and shall be reviewed at annual renewal unless sales volume
levels change by 20% or more during the year.
6
ATTACHMENT "C"
SPECIAL CONDITIONS
1. This agreement may be renewed by the mutual agreement of the parties for three
(3) additional periods of one (1) year.
2. Compensation payable to Contractor for services rendered and expenditures
incurred in providing the services identified in Attachment "A".
3. Compensation to Contractor shall be computed based on actual service units and/or
hours performed times unit fee rate.
4. The unit fee rates shall be the total compensation for the services and shall contain
all costs to include salaries, office operation, transportation, equipment, overhead,
general and administrative, incidental expenses, fringe benefits, operating margin
and subcontractor costs.
5. Contractor shall provide County with invoices not more frequently than once a
month for each calendar month in which services are provided.
6. Contractor's invoice shall be in a form acceptable to County, provide specific details
with respect to actual service units and/or hours of work incurred and include other
such detail as may reasonably be requested by County.
7. Payment shall be made only after receipt and approval of goods and services.
8. Any penalty for delay in payment shall be in accordance with the Florida Prompt
Payment Act (Section 218.70, et seq., Florida Statutes),
9. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the County at all times during the period of this
Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the County upon request. Records of
costs incurred include the Contractor's general accounting records and the project
records, together with supporting documents and records of the Contractor and all
subcontractors performing work on the project, and all other records of the
1
Contractor and subcontractors considered necessary by the County for a proper
audit of costs.
10. County shall give Contractor prompt notice of any dispute with respect to
Contractor's invoice and shall, within the time established above, remit payment for
the undisputed amount to the Contractor.
11. The County shall remit payment for each invoice within forty-five (45) days after the
receipt of an acceptable invoice. County shall give Contractor prompt notice of any
dispute with respect to Contractor's invoice and shall, within the time established
above, remit payment for the undisputed amount to the Contractor.
2
VI.-CONSENT AGENDA
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
o January 2, 2008 o March 4, 2008 ::::J ,')
December 17,2007 (Noon) February 19,2008 (Noon) ....,-
Co .,:.~ _.-/
-,.. -1-(
o January] 5, 2008 December 31,2007 (Noon) o March ]8,2008 March 3, 2008 (Noon) s: .... ':::)
~O --"
- i ':1 ,~.":_.;
0 February 5, 2008 January 14, 2008 (Noon) ~ April 1, 2008 March 17,2008 (Noon) Q) -,,0
'-(
~ -"10.
......."'-..
:J.: c..J-'~
0::> c:)E2
0 Anno uncements/Presentations 0 City Manager's Report " ~-il ---
c..r, ""'r;C1;)
- r-.,
NATURE OF 0 Administrative 0 New Business - c)...
rf'J-'-'"
AGENDA ITEM ~ Consent Agenda 0 Legal ~
--
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Motion to approve Resolution No. 08-_ supporting the reauthorization and continued
funding of the current Florida Forever program or a successor program that would support Florida Communities
Trust, and to forward the resolution to the City's local legislative delegation.
EXPLANATION: The Florida Forever program and its predecessor Preservation 2000 program have immeasurably
contributed to the environmental health, quality of life, recreation, and sustainability in Florida for this and future
generations. Florida Forever has acquired over one million acres throughout Florida since 2000 and allocates $300
million annually to purchase environmentally sensitive lands and other lands in partnership with cities, counties, state
agencies, water management districts, non-profit organizations, private landowners, and others in achieving its
conservation purposes.
PROGRAM IMPACT: Florida Forever, through its partnerships, produces benefits that include clean air and water;
healthy fisheries and wildlife habitat; improved water supply protection; and protected open spaces including
greenway corridors, park lands, forests, and water bodies. Florida Forever has also helped to save many of Florida's
beaches, rivers, bays, forests, coral reefs and estuaries that provide the foundation for our $3 billion tourism industry
that attract more than 70 million visitors each year.
FISCAL IMP ACT: Florida Recreation Development Assistance Program (FRDAP) grants are funded through the
Florida Dept. of Environmental Protection which receives $300 million each year from the Florida Forever program.
The City of Boynton Beach has been awarded $800,000 from 2002-2006 from FRDAP grants.
Year Awarded Proiect Funded Amount of Award
2002 Land Acquisition - Wilson Park $200,000
2003 Southeast Neighborhood park $200,000
2006 Wilson Park Project $200,000
2006 Jaycee Park Development $200,000
In September 2007, the Recreation & Parks Dept. submitted a grant application for $200,000 for Congress Ave.
Community Park. This award is pending; we anticipate notification in Mayor June 2008.
And the Florida Communities Trust awarded the City of Boynton Beach $1,710,158.50 in 2004 for the Jaycee Park
land acquisition.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Not to approve the resolution and possibly lose support for the Florida Forever program and
future grant funding opportunities for the City.
U",.,e....,
City Manager's Signature
Assistant to City Manager {/htU/
. ~c
~ ~*,'5 f2Cfi(~
.--.----.--
De rtment Name City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
] RESOLUTION NO. R 08 -
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING
5 FLORIDA FOREVER AND A SUCCESSOR PROGRAM;
6 AND PROVIDING AN EFFECTIVE DATE.
7
8
9 WHEREAS, the Florida Forever program and its predecessor Preservation 2000 program
]0 have immeasurably contributed to environmental health, quality of life, recreation, and
] ] sustainability in Florida for this and future generations; and
]2
13 WHEREAS, Florida Forever has acquired over one million acres throughout Florida
]4 since 2000 and allocates $300 million annually to purchase environmentally sensitive and other
]5 lands, and has done so through numerous successful partnerships with cities, counties, state
]6 agencies, water management districts, nonprofit organizations, private landowners, and others in
]7 achieving its conservation purposes; and
]8
]9 WHEREAS, Florida Forever, through its partnerships with the Florida Department of
20 Environmental Protection, Water Management Districts, and others, produces benefits that
2] include clean air and water; healthy fisheries and wildlife habitat; improved water supply
22 protection; and protected open spaces including greenway corridors, park lands, forests, and
23 water bodies; and
24
25 WHEREAS, Florida Forever, through the Florida Communities Trust, has assisted
26 Florida's cities and counties in protecting their cultural and historical resources, meeting the
27 challenges of growth management, directing development away from coastal high hazard areas
28 and floodplains; fostering a healthier lifestyle for Floridians; and providing recreational outdoor
29 experiences in both urban and rural settings; and
30
3] WHEREAS, Florida Forever has helped to save many of Florida's beaches, rivers, bays,
32 forests, coral reefs and estuaries that provide the foundation for our $3 billion tourism industry
33 that attract more than 70 million visitors each year; and
34
35 WHEREAS, 50 Florida local governments have enacted land acquisition financing
36 programs in the past decades, and this conservation finance programs serve to leverage Florida
37 Forever funding and increase the impact of State land conservation funding; and
38
39 WHEREAS, Florida is experiencing rapid population growth, with approximately 1,100
40 new residents every day; and Floridians demand a high quality of life that includes green space,
4] access to water, pastoral settings and recreational opportunities; and
42
43 WHEREAS, Florida Forever and other land conservation programs must compete in
44 Florida's market of surging land and housing prices; and
45
46 WHEREAS, the effectiveness of Florida Forever has diminished because of escalating
47 land prices and the impacts of inflation; and
48
49 WHEREAS, the funding for the Florida Forever program will sunset in 2010; and
- ] -
I
I
I
I
1
2 WHEREAS, research by the Florida Forever Coalition has found that over $20 billior
3 currently needed to purchase parks and recreational facilities, wildlife and wilderness areas anu
4 open space for our state's increasing population; and
5
6 WHEREAS, a 2005 public opinion survey conducted by members of the Florida Forever
7 Coalition found that 78% of Florida's voters approve of the Florida Forever program: and
8
9 WHEREAS, the benefits of Florida Forever have included the Wilson Park land
10 acquisition, the Southeast Neighborhood Park, the Wilson Park Project, the Jaycee Park land
II acquisition and the Jaycee Park Development within the City of Boynton Beach.
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
14 CITY OF BOYNTON BEACH, FLORIDA, THAT:
15
16 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
17 ratified and confirmed by the City Commission.
18
19 Section 2. The City Commission declares its support to the State of Florida
20 Legislature for the creation and funding of a successor program to the Florida Forever program
21 and requests its legislative delegation to advocate for the creation and funding of a successor
22 program to Florida Forever.
23
24 Section 3. That this Resolution will become effective immediately upon passage,
25
26 PASSED AND ADOPTED this _ day of April, 2008.
27
28 CITY OF BOYNTON BEACH. FLORIDA
29
30
-~--_.._._._._-
31 Mayor - Jerry Taylor
32
33
--------
34 Vice Mayor - Jose Rodriguez
35
36
37 Commissioner - Ronald Weiland
38
39
40 Commissioner - Woodrow L. Hay
41
42
-_.----
43 ATTEST: Commissioner - Marlene Ross
44
45
46 Janet M, Prainito, CMC
47 City Clerk
48
49 (Corporate Seal)
- 2 -
:~:~~~
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FLORIDA LEAGUE
OF MAYORS, INC.
To: Florida Mayors
From: John Charles Thomas, Executive Director
Date: February 28, 2008
Re: Resolution supporting reauthorization of Florida's
Communities Trust
At a recent Florida League of Mayors board of directors meeting, the
board heard from the Trust for Public Lands about the
reauthorization of the current Florida Forever program or a successor
program that would support Florida Communities Trust.
As you know, many cities use Florida Communities Trust dollars for a
variety of city land acquisition initiatives. Funding for the Florida
Forever program is set to sunset in 2010.
Attached is a resolution in support of continued funding for the
Florida Forever program or a successor program that you may
consider adopting and sending to your local legislative delegation.
If you have any questions, please feel free to contact me.
FLORIDA lfAGUf OF MAyORS, INC. · P.O. Box 1757, Tallahassee, Fl32302-1757 . 850.222.9684 . Fax 850.222,3806 . www-Flciries.com
Page] 01'2
LeJeune, Carisse
From: Majors, Debbie
Sent: Wednesday, March 05, 20084:33 PM
To: Lejeune, Carisse
Cc: Majors, Wally; Rivers, Jody; Hager, Dan; Wahlin, Scott; Livergood, Jeffrey; Mazzella, Pete
Subject: Florida Forever - FRDAP grants
Importance: High
Attachments: Florida Forever- Florida Communities Trust info.pdf
Carisse,
Florida Forever provides the Florida Department of Environmental Protection $300 million
dollars each year, of that a portion of funding for state FRDAP grants and Florida Communities
Trust, among others (see attachment).
According to my records, the following is a list of Florida Recreation Development
Assistance Program (FRDAP) grants awarded to the City since 2000,
Year Awarded --_..--_.-~-- Project Funded -_..--~-- Amount of Award
2002 Land Acquisition - Wilson Park $200,000
2003 Southeast Neighborhood Park $200,000
2006 Wilson Park Project $200,000
2006 Jaycee Park Development $200,000
* In September 2007, the Recreation & Parks Department submitted a grant application for
$200,000 for Congress Avenue Community Park. This award is pending; we anticipate
notification in Mayor June 2008.
Florida Communities Trust - only one
year Awarded Project Funded Amount of Award
2004 Jaycee Park (land acquisition) $1,710,158.50
Note: Florida Forever also provides water management districts $105 million each year, of
which $36,750,000 goes to the South Florida Water Management District. I am ot sure how the
funding is used - if it relates to any SFWMD grants the City may have received...? Sorry.
I also attached some info from the Internet if you need it.
Hope that helps!
Deb
Debbie Majors, CPRP
City of Boynton Beach
P.O.Box310
Boynton Beach, FL 33435
(561) 742-6241 voice
3/5/2008
Page 2 of2
(561) 742-6238 fax
majorsd@ci.boynton-beach.f1.us
Member, American Association of Grant Professionals
Grants Team Mission: To enhance the achievement of the City's overall goals, by providing research,
planning, support, feedback and other assistance to its departments in the development (4 alternative
fimding sourcesfor citywide projects.
3/5/2008
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
D December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
D January 2, 2008 December 17.2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15, 2008 December 3],2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) ~ April 1, 2008 March 17,2008 (Noon) '--)
C"') r-; --I
':-,) :..::-<
-- -"'" ,...-,
_0..
D Announcements/Presentations D City Manager's Report :;~-: . /__. N'.",
;;:J
D Administrative D New Business - --C)
NA TURE OF r:i ')
0.) -:
AGENDA ITEM ~ Consent Agenda D Legal .,-,;..
,-,..-
~ U)""j
D D Unfinished Business _. .~ - '1
Code Compliance & Legal Settlements .....,"... .
,->.-
D D en "
Public Hearing -(' c.:")
--; '''''I
en (.) "_;.:-
- fY1 ;~
RECOMMENDATION: Motion to approve Resolution No. 08-_ recognizing the importance ofa western landfill~
supporting the location in western Palm Beach County, in accordance with the Palm Beach County Comp Plan, and
providing support from the City Commission for this site.
EXPLANA TION: The Solid Waste Authority is currently planning for a new state-of-art landfill that will both
protect the surrounding environment and water quality to meet the needs of the County when the current North
County Resource Recovery site reaches capacity. The current Western Landfill site is 1,600 acres in size and located
8 miles south of CR880 and 6 miles west of 20 Mile Bend. The site will be designed for a 792-acre landfill, and the
remaining area will be for facilities, roadways, and a storm water management system.
PROGRAM IMP ACT: The landfill site is located 24 miles from the City of Boynton Beach and will create local jobs.
The average salary for the facility employees is $42K and there will be approximately 60 employees on site. There will
be an estimated 200 construction jobs onsite continuously for the first 8-10 years (2012-2020) then 50-100 annually
thereafter. The average wage is $25 per hour (approx. $52K based on 40 hrs per week).
FISCAL IMPACT: There is no fiscal impact to the City.
ALTERNATIVES: Not to approve the resolution.
i#1<~
City Manager's Signature
Assistant to City Manager ~
. ~
~t!j~s ()M~
artment Name City Attorney / Finance
S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
I
,
I
I
] I RESOLUTION NO. R 08 -
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, RECOGNIZING
5 THE IMPORTANCE OF A WESTERN LANDFULL,
6 SUPPORTING THE LOCATION IN WESTERN PALM
7 BEACH COUNTY IN ACCORDANCE WITH THE PALM
8 BEACH COUNTY COMP PLAN, PROVIDING SUPPORT
9 FOR THIS SITE; AND PROVIDING AN EFFECTIVE
10 DATE.
] ]
12
] 3 WHEREAS, the Solid Waste Authority of Palm Beach County is responsible for the
14 recycling and disposal of all solid waste in Palm Beach County, including the City of Boynton
]5 Beach; and
16 WHEREAS, the need for reliable long term disposal is critical for providing for the
17 health, safety, and welfare of the residents of Palm Beach County; and
18 WHEREAS, the Solid Waste Authority is currently planning for a new state-of-the-art
]9 landfill that will both protect the surrounding environment and water quality to meet the needs G~
20 the County when the current North County Resource Recovery site reaches capacity: and
21 WHEREAS, in the early 1990s, the Solid Waste Authority with assistance from South
n Florida Water Management District purchased a Western Landfill site in the Everglades
23 Agricultural Area west of Water Conservation Area 1 (Loxahatchee National Wildlife Refuge):
24 and
25 WHEREAS, the Western Landfill site has been in Palm Beach County's long term plan
26 since 1997; and
27 WHEREAS, approximately 60 full-time operations jobs will be created onsite: and
28 WHEREAS, for the first ten (10) years (beginning in 2012), there wi II be an estimated
29 200 on-site construction jobs, then 50-100 jobs annually thereafter; and
30 WHEREAS, there will be an 8 mile roadway to be constructed from 2012-2014 that \\
3 ] create an estimated 50-100 jobs; and
- I -
I
1 WHEREAS, the Palm Beach County Board of County Commissioners, sitting as the
2 Governing Board of the Solid Waste Authority, has directed staff to begin the permitting process
3 for the Western Landfill and to begin addressing the concerns of the environmental community;
4 and
5 WHEREAS, the Board has also asked the staff of the Solid Waste Authority to consider
6 any alternative sites where the landfill can be permitted and constructed.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
8 CITY OF BOYNTON BEACH, FLORIDA, THAT:
9 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
10 ratified and confirmed by the City Commission.
11 Section 2. The City of Boynton Beach supports efforts of the Solid Waste Authority
12 to develop a western site.
13 Section 3. That this Resolution will become effective immediately upon passage,
14 PASSED AND ADOPTED this _ day of April, 2008.
15
16 CITY OF BOYNTON BEACH, FLORIDA
17
18
19 Mayor - Jerry Taylor
20
21
22 Vice Mayor - Jose Rodriguez
23
24
25 Commissioner - Ronald Weiland
26
27 ATTEST:
28 Commissioner - Woodrow L. Hay
29
30 Janet M. Prainito, CMC
31 City Clerk Commissioner - Marlene Ross
32
33
34 (Corporate Seal)
35 S:ICAIRESOISupporting Western Landfill.doc
- 2 -
BRIEF HISTORY
A) originally purchased a 1600-acre parcel located west of Boca Raton in Palm
was in close proximity to thousands of Palm Beach County residents.
, WA with assistance from the South Florida Water Management District (SFWMD), sought
for a 1600-acre parcel located in a more suitable location.
Governing Board agreed to purchase the subject site from the Stofin Company, Inc. in December 1996.
ofin was the only willing seller in the area.
· This site's agricultural life span is limited due to shallow muck depth. Average depth of muck on this site is 2.5
feet and can easily be removed for construction of the landfill.
· The Western Landfill site has been in the county's long-term plan since 1997.
· The current Western Landfill site is 1,600 acres in size and located 8 miles south of CR880 and 6 miles west of
20 Mile Bend.
· The site will be designed for a 792-acre landfill, and the remaining area will be for facilities, roadways, and a
storm water management system.
· The SWA is also looking at alternate sites.
Through this
project, new job
opportunities will
be created.
24 miles
ao .....
. rn..
k ..'".-
LOCAL JOBS CREATED
· The average salary for the facility employees is $42K and there will be approximately 60 employees onsite.
. For construction, we estimate there will be 200 construction jobs onsite continuously for the first 8-10 years
(2012 through 2020), then 50-100 annually thereafter. The average wage is $25 per hour (approximately $52K
based on 40 hours per week).
. There will be an 8-mile roadway to be constructed from 2012-2014, which will create an estimated 50-100 jobs.
REQUEST FOR EXPRESSIONS OF INTEREST
. The Board of County Commissioners sitting, as the SWA Governing Board, has directed staff to begin the permitting
process for the Western Landfill in order to begin addressing the concerns of the environmental community.
· The Board has also asked SWA staff to look for alternative sites where the landfill can be permitted and constructed.
SWA is investigating the availability of suitable locations and will be releasing a Request for Expressions ofInterest
(RFEI) seeking sellers of land. Alternative sites are restricted by state and federal regulations, including proximity to
airports and potable water wells.
I . Will there be an incinerator or waste-to-energy facility located at the site? No
t. Will the landfill smell? Will it cause excessive odors? Willi be able to smell it in my backyard? How will the
odors be controlled? No - a 6-7 inch layer of sand or dirt is placed over the top of the waste each day. A
landfill gas collection system, including a flare that destl"llYs pollutants, will he designed and installed once a
landfill cell has been filled to capacity.
i. Will the landfill be noisy? No - the landfill will not be located near any residential areas. The proposed
site is located 9 mile.1 Fom the nearest public area of the Wildlife Refuge. Noise produced hy the tractor
trailers and other landfill heavy equipment is not expected to affect areas of any adjacent property.
4. How will the landfill affect water quality? The landfill is designed and constructed with a .Iystem thai
collects the rainwater that comes in cOlltact with the H'aste in the landfill. Groundwater and surface water
quality will he rowinely monitored and reported. as required hy state andfederal regulatiolls. Site specific
hydrogeological im'estigations have shown that the direction o(the gl"llundwaterfluH' is away from the
rVildlife Refitge: therefill'e, there are no potential water quality impacts on the Refllge.
5. What are the effects of the landfill on the endangered wood stork and Everglades snail kite? The current north
coun(v site has an onsite wading bird l"IIokelT that has housed nests of both ,1'Ood stork and Everglades snail
kite. There have he en no negative impacts on either species at the existing facility. The Western Landfill is
current(Ic' being engineered to even more stringent standards than the existingfilCili(v. Moreovel~ there are no
colonies or l"IIokerics within the project site. or adjacent to it. Therefi}re, 110 impacts are expected on either
species.
6. Will there be trash blown off the landfill into the canals? No - Litterfences and daily cover of the waste are
used to control blowing trash. SW4 employs daiZ1' lahorers to collect any lilter that hlows oflthe working
face olthe landfill.
7. What effect will the landfill have on the food crops grown on nearby farms? None - the landfill site is required
10 meet stringent surlace water and groundwater standards.
8. Are there any wetlands located on the site? No - the entire site is currently heing usedfi)r agricultural
operations.
(JO~~&t ?+.. . MARK BRUNER 561_640-4000.
750 I North Jog Road i
West Palm Beach, FL 33412
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VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
o January 2, 2008 December 17,2007 (Noon) o March 4. 2008 February 19,2008 (Noon)
o January 15,2008 December 31, 2007 (Noon) o March 18,2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to authorize execution of an Interlocal Agreement, by resolution,
between Palm Beach County and the City of Boynton Beach to accept a $750,000 grant for the SE
Federal Highway Corridor Stormwater Improvements project.
EXPLANATION: On April 13, 2007, a grant application was submitted to the Department of
Environmental Resources Management (DERM) that requested grant funding for measurable
improvements to the Lake Worth Lagoon. The $750,000 grant was approved by DERM in
August 2007 and represents the City's allocation of the State's commitment to this type of project.
The design of this project is 100% complete and is ready to bid; we anticipate a Notice to Proceed
will be issued in June, 2008.
PROGRAM IMPACT: The SE Federal Highway Stormwater project will treat approximately 57
acres of mixed-use properties ranging from small older homes to medium sized, updated and
heavily used professional, light industrial, restaurant and banking facilities. Currently,
stormwater is inadequately treated before discharging into the Lake Worth Lagoon. The effective
project area is divided into a western area (west of US 1) and an eastern area (east of US~ Exhffiit
A is attached for your reference. (:~:; S~
:-.....". --', C:J::
::0:::1 --) - '1
The western area includes the following features: - CJ
~
Treats stormwater of an approximate 31-acrea area; ~
. - ~.~.~ -<
. Construct 3,215 linear feet of 24-inch exfiltration piping -0 (f)--4
-.,... ~:.J
-:,....
. Install 16 curb inlets with sumps and baffle boxes for pollutant removal; and C") .:.;:
N I"":
-rim
. Install 3 additional manhole structures to aid in the removal of pollutants. c::::> -rrl
O~'"
(...;) fT1 ~..:,
:r:
S BLJU.ETI-": FOI;\ls\(;r,[)\ ITE\! RH)lTST FOR\1 DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The eastern area includes the following features:
. Treats stormwater of an approximate 26-acre area;
. Install 1,490 linear feet of conveyance piping;
. Construct 13 inlets with sumps and baffle boxes for pollutant removal;
. Construction 1,550 linear feet of grassed swale; and
. 1,250 linear feet of grassed swale re-development.
FISCAL IMPACT: The grant funding is for stormwater construction only and is awarded on a
50/50 match basis. Construction costs for stormwater improvements are estimated at $3,800,000
and the $750,000 will offset 19% of the budgeted funding.
AL TERNA TIVES: The Lake Worth Lagoon is one of Florida's most valuable natural resources
and the City has an opportunity to improve both water quality and water habitats by reducing
pollutants. The alternative would be to not accept the $750,000 grant and lose assistance with
construction costs.
The Utilities Department recommends the execution of the Interlocal Agreement with Palm Beach
County. ~~
h ~ 3/.(u~
~ Kofi Boateng, Utilities Director City Manager's Signature
Assistant to City Manager ~
Utilities ~~c- /~ --_._-_._._-~-
Department Name " City Attor~y / Finance
Attachment
Exhibit A
be: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Barb Conboy, Manager Administration/Finance
Chris Roschek, Manager Engineering Division
Paul Fleming, Sr. Project Manager
Debbie Majors, Grant Coordinator
Utilities Project File (Karen Riseley)
') BULLETIN FOR!\lS ACiE'\DA ITEM REQUEST FORM DOC
, ,
1 RESOLUTION R08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 THE MAYOR AND CITY CLERK TO EXECUTE AN
6 INTERLOCAL AGREEMENT BETWEEN PALM BEACH
7 COUNTY AND THE CITY OF BOYNTON BEACH TO
8 ACCEPT A $750,000.00 GRANT FOR THE SOUTHEAST
9 FEDERAL HIGHWAY CORRIDOR STORMWATER
10 IMPROVEMENT PROJECT; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, on April 13, 2007, the City of Boynton beach submitted a grant
15 application to the Department of Environmental Resources Management requesting grant
16 funding for measurable improvements to the Lake Worth Lagoon; and
17 WHEREAS, the $750,000,00 grant was approved in August, 2007 and represents the
18 City's allocation of the State's commitment to this project; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
20 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
21 Beach to authorize execution of the Interlocal Agreement with Palm Beach County to accept a
22 $750,000.00 grant for the Southeast Federal Highway Corridor Stormwater Improvement
23 Project.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for SE Fed Hwy Corridor grant funding. doc
I
1 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynto
2 Beach and Palm Beach County to accept a $750,000.00 grant for the Southeast Federal
3 Highway Corridor Storm water Improvement Project, a copy of said Agreement is attached
4 hereto and made a part here as Exhibit "A",
5 Section 3. That this Resolution shall become effective immediately upon passage,
6 PASSED AND ADOPTED this_______ day of April, 2008.
7
8 CITY OF BOYNTON BEACH. FLORIDA
9
10
11 -~---
12 Mayor -- Jerry Taylor
13
14
15
16 Vice Mayor - Jose Rodriguez
17
18
19
20 Commissioner - Ronald Weiland
21
22
23 --
24 Commissioner - Woodrow L. Hay
25
26
27
28 Commissioner - Marlene Ross
29 ATTEST:
30
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37
38 (Corporate Seal)
S:\CA\RESOlAgreements\lnterlocals\ILA with PBC for SE Fed Hwy Corridor grant funding,doc
INTERLOCAL AGREEMENT
BETWEEN
PALM BEACH COUNTY
AND
THE CITY OF BOYNTON BEACH
This lnterlocal Agreement (hereinafter "Agreement") is made the day of ,2008, between
the City of Boynton Beach, a municipality, located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach
County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined
in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal Cooperation Act of 1969" authorizes
local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and
other factors influencing the needs and development oflocal conununities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into
interlocal agreements with each other to jointly exercise any power. privilege, or authority which such agencies share in
conmlon and which each might exercise separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County COlllillissioners of Palm Beach
County is empowered to establish and administer programs of conservation and to enter into agreements with other
governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on
behalf of the other, of any of either governmental entity's authorized functions; and
WHEREAS, the County desires to environmentally restore and enhance the Lake Worth Lagoon (Lagoon) in order
to increase native habitat and improve fisheries; and
WHEREAS, the County recognizes that an improvement in the quality of the Lagoon waters is essential to the
restoration of the Lagoon as a habitat for littoral and estuarine flora and fauna; and
WHEREAS, pursuant to Florida Department of Environmental Protection (DEP) Agreement No. LP6046-2, the
County has received a grant from the DEP for the purpose of conducting environmental enhancement and restoration of the
Lagoon; and
WHEREAS, the County wishes to encourage public entities that impact the Lagoon to protect, restore and enhance
their littoral and estuarine habitats and improve the water quality of the Lagoon.
lnterlocal Agreement, Page 1
NO\V. THEREFORE, in consideration of the mutual reprcsentalJons. ll'1ms. ilnd covcnilnls herell1illter St') lorth. and
for such other good and valuable consideration the receipt of whic h the Pilrties hereto ill.' knowledge. the parties herch\ ~l!__'-rec to
the following:
ARTICLE 1: EFFECTIVE DATE AND TERM:
The term of this Agreement shall be effective on the date of cxecmion of tillS Agreement by both parties and shall continue III
full force and effect until March] 1. 2010. unless otherwise terminated as provided in Artic Ie :, & 12 herein. lhe (ountv
reserves the right to extend this Agreement for good cause. Any cxtcnsions shall bc in writing and executed by both partIes.
ARTICLE 2: PROJECT TO BE COMPLETED BY THE GRANTEE:
The Grantee agrees, during the term of this Agreement. to construct a )Jro)ect thilt will benefit Lake Worth L.agoon as
specifically set forth in Exhibits A. 8, ilnd B-1 attilched hereto and made a part hereof. The Grilntee shall coordinilte work on
the project with the County's Depmtment of Environmental Resources Mm1agement. hereinafter referred to ilS thc Sponsorll1g
Department, and shall submit all invoiccs. reports and records to the Sponsoring Department. as speCIfically sct forth III
Exhibit C and Article 9. hereof.
ARTICLE 3: PAYMENTS TO GRANTEE/REIMBURSABLE:
I. The County shall reimburse the Cirantee for construction expenses in an amount not to exceed $!'iO.OOO prOVIded the
Grantee completcs the project as described in Exhibits A and B-1 and meets the ml111mUm estimated match
requirement of $750.000 or 'iO";, of the total project cost. whichever IS less. Activities elIgible for reimbursement
include construction and constructIon-related costs that ~llT incurred after the effectlvc date of this \!2ITement.
Activities cligible for match t'equircmcnts include ,'(lnstructlOn costs. (actual) contrIbutions (eg. l'qulpment
usage/direct operating expensesill1-kind services). and funding from other grants. Reimbursement for eosts related to
in-kind services (e.g.. plmming. perm.itting & design) shall be limited to salaries and frl11ge beneljts. 1'.hgible
matching funds will qualify for reimbursement prcl\'lded they are lllcurred after Junc ]0. 20D7. Grant fundlll!2 ma)
be used to match grants from other sources: however. the Grantee cannot submit reimbursement requests Il.ll" the same
expenses to more than one funding source or more than one ('ounty or State-fi.mded program.
2. The Grantee shall bill the County quarterly (by Januarv I D. April 10. .luly 10 and October 10) 111 accordalllT with
Exhibit B- I. Paragraph 4. for expenses actually incurred and paid. up to the amounts set f(}rth 111 ExhibIts A. U. aml
Interlocal Agreement. Page 2
B-1 for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
receipt and acceptance by the County of a properly completed Payment Request Summary Form and Progress Report,
as set forth in Exhibit C. In addition to the Payment SunID1ary Form, the Grantee must also provide, from its
accounting system, a list of expenditures in detail sufficient to evidence actual payment. The list shall include but
shall not be limited to a description of the goods/services purchased, the date of the transaction, voucher number, the
amount paid and vendor name, and a statement that said expense was necessary in the performance of the Project
Work Plan and Scope of Work described in Exhibits A and B-1, respectively. Within seven (7) calendar days of
request by the County, the Grantee shall supply any further documentation such as copies of paid receipts, canceled
checks, invoices or other documents deemed necessary by the County. All Supp0l1ing invoices and receipts must
clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." Reimbursement
requests received from the Grantee will be initially reviewed by the Sponsoring Department, 2300 North Jog Road,
4th Floor, West Palm Beach, FL 33411. If the Sponsoring Department determines that expenditures have been made
in conformity with this Agreement, it will send the payment request to the County's Finance Department for final
approval and payment. Invoices must be submitted along with the quarterly and final reports, as described in Article
9 below. Failure to submit completed reports within the specified timeframe will result in a delay in payment and/or
termination of this Agreement.
ARTICLE 4: A V AlLABILITY OF FUNDS:
The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its
purpose by the Board of County ConID1issioners of Palm Beach County and by the State of Florida.
ARTICLE 5: INSURANCE:
1. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee
acknowledges it is self-insured under State Sovereign h1ID1ll11ity 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,
which the County agrees to recognize as acceptable coverage for General Liability and Automobile Liability
ll1surance.
2. In the event the Grantee does not rely exclusively on sovereign inIDmnity as provided by Section 768.28, Florida
Statutes, the Grantee shall agrce to maintain third-party Commercial General Liability and Automobile Liability at
lnterlocal Agreement, Page 3
limits not less than $1,000,000 per oceurrence,
~ The Grantee agrees to maintain or to be self-insured for \Vorker's Compensation & Employer's Liability Insurance III
_"'J.
accordance with Florida Statutes, Chapter 44CL
4, The Grantee shall provide a statement or Certificate of Insurance evidencing Illsurance, sclf-msurance andor
sovereign immunity status, which County agrees to n:cognize as acceptable for the above required coverages Ihe
Certificate Holder will be: Palm Beach County, Departmen1 of Environmental Resources "vlanagemenL -'.;(jO North
Jog Road, 4111 Floor, West Palm Beach, FL .~:;4] I-nr.
5, The Grantee shall require each (ontractor engaged by (irantee for work associated with thIS Agreement to mamtam:
A. Worker's Compensation coverage, III aecordance with 1,'Iorida Statutes, mcluding endorsements lor [ .S
Longshore and Harbor \Vorkers Compensation Act and the "v1erchant \/fannc Act (Jones Act) In the event
any portion of the scope of services/work occurs over, neaL or contiguous to any navigable bodies uf wateL
B. Com111ercwl General Liability insurance at limIts not Jess than S I ,000,000 each occurrence. The Countv and
Grantee shall be added as an "Additional Insured" .
C. Business Auto insurancc with limits of not less than $] ,c)OO,OOO for each aCCldcnt.
D. If the construction work being performed exceeds $200,000, a payment and performance bond for the total
amount of its constructIOn contract. in accordance With Florida Statute 255 J)5.
6. Compliance with the foregoing requirements shall not relinT the Grantee of its liability and obligations under tl1lS
Interlocal Agreement.
ARTICLE 6: INDEMNIFICATION:
Without waiver of limitation as provided for in Section 76g.2g. Florida Statutes, as may be amended Ii'om time to tlmc' and to
the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee hom any chums, l05se.s. demands
or cause of action of whatsoever kind or nature that the Gran1L'e, ItS agents or employees, mayor could sustain as ~I result of or
emanating out of the terms and conditions conta11led in this Agreement that result hOll1 the Countv's negligenc\' "r wIllful
misconduct. \Vithout waiver of limitation as provided for in Section 76g.2~. FlOrida Statutes, ~IS may he amended !]ol1ll1me to
time, and to the extent permitted by' law. the Grantee agrees to lIldelllnify and hold harmless ('ountv from an,y claln)',. losses.
demands or cause of action of whatsoever kind or nature that rhc (ullnty, Its agents or emploVL't's. mav (lr could SllStalll as ~I
result of or emanating out ofthe terms ::md conditions contall1edllJ thlS Agreement that result from the (ira ntee . s nl'!,' hgencl' OJ
willful misconduct Nothll1g herein shall be construed as a \\~lIver or SO\TITlgn immunity by either parly. pursuant t(l Sl'Cllon
768.28. FlOrIda Sratures.
ARTICLE 7: WARRANTY/PERSONNEL:
The Grantee, as an independent contractor and not an agent representative, or employee of County, warrants that ;111 pr01ect-
Intel'local Agl'cement. Page 4
related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The
Grantee further represents that it has, or will secure at its own expense, all necessary persOlmel required to complete the
project under this Agreement, and that they shall be fully qualified and, if required, authorized, pem1itted, and/or licensed
under State and local law to complete such project. Such personnel shall not be employees of or have any contractual
relationship with the County.
ARTICLE 8: EQUAL OPPORTUNITY PROVISION:
The County and the Grantee agree that no person shall, on the grounds of race, color, creed, sex, age, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of this Agreement or be
subj ected to any form of discrimination while performing under this Agreement.
ARTICLE 9: GRANTEE'S PROJECT-RELATED AGREEMENTS:
The Grantee further agrees:
1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as
outlined in the Exhibits A and B-1.
2. To provide funds to the County to meet the minimum eligible match requirement of $750,000 or to pay 50% of the
total project costs, whichever is less.
3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any
nature expended in the performance of this Agreement.
4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes.
5. To provide annual audit reports and other documentation to the Sponsoring Department as required under the Florida
Single Audit Act.
6. That the County shall be promptly reimbursed for any funds that the County determines have been misused or
misspent.
7. To submit quarterly Progress Reports to the County (by January 10, April 10, July 10 and October 10), which is
identified in Exhibit C.
8. To complete the project and submit a final project report and invoices to the County 30 days prior to the Expiration
Date identified in Article 1 above. The Grantee shall notify the County in the appropriate quarterly Progress Report
when a delay in the Estimated Project Completion Date, which is identified in Exhibit A, occurs.
Interlocal Ag,'eement, Page 5
() . To include the following in the fll1al project report:
A. A one-two page written summary describing the proJect mcluding the project name. physical location of the
project. GPS coordinates. DEP Agreement numher and County Agreement numher
B. The following additional components:
I. Identification of project benefit( s) to the Lagoon (Exhihit F):
11. Photographs taken he fore. during and after construction:
111. Certification of Completion by Grantee and Engineer.s Certification that project was constructed as
proposed (Exhibits D and E):
IV. Total F ina] Project Cost:
\. Total Matching hmds:
VI. Total Grant A ward Amount:
VII. l\ Final Paymcnt Request Summary Form (Exhibit C) for reimbursement of remallllllg elIgible
expenditures. mcluding backup documentation: and
VI11. A copy of a brIef press release highlightlllg the successes of the IJroject and acknow ledglllg the
contribution of thc grant towards the project success.
ARTICLE 10: ACCESS AND AUDITS:
Cirantee shall maintain hooks, records, and documents to justif) all charges. expenses and costs incurred under this'\greel1lent.
m accordance with generally accepted accounting principals. rhe County shall have access to all books. records. and
documents as required 111 this Agreement I.or the purpose of inspcctlon andor ~Iudits. during normal busmess hours. durll1g thc
term of this Agreement. and for at least three (3) years after completIOn of the project. In the event any work IS subcontracTed
hy Grantee. Grantee shall similarly reqUIre each subcontractor to mamtain and allO\v access to such records for audit purposes
In the event that the parties should become involved in a legal dispute wiTh a third party arismg 1].om performance under this
Agreement. the parties shall extend the perIod of maintenance ror all records relating to the Agreement untIl Illl' Iln~I1
disposition of the legal dispute. and all such records shall be made readily a\.ailable to the parties.
ARTICLE 11: PUBLIC ENTITY CRIME CERTIFICATION:
As provided in F.S. 287.1 :\2-13.'. as mav be amended 1].0111 time 10 time. bv entering ll1to thIS Agreement or perrorl1lll1g am.
work in furtheranee hereof. the Grantee certifies that its affilwtes. suppliers. subeontraetors and consultants who wIll perform
hereunder. have not heen placed on the convicted vendor list maIntained bv the State of Florida Department or 'V1anagel1lent
Services within the thirty-six (36) mont hs immediately prceedlng I hc dall' hnco I. ["hiS nOlll.C IS reqUIred bv I S ~:-; ~ I '.~
(3)(a).
ARTICLE 12: TERMINATION:
This Agreement may he terminated by either party upon thirty (.~O) days written notice hy the terminating party to the other
party, provided the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions sel
forth herein. if Grantee is not in breach of this Agreement.
Interlocal Agrccment. Pagc 6
ARTICLE 13: NOTICE:
Any notice given under the provisions of this Agreement shall be in writing and shall be delivered by United States mail or
hand delivery. All notices required by this Agreement shall be considered delivered upon receipt. Should any Party change its
address, written notice of such new address shall promptly be sent to the other party. The parties hereby designate the following
addresses as the addresses to which notices may be delivered. and delivery to such addresses shall constitute binding notice
given to each party:
County: Department of Environmental Resources Management
, Attn: Director
2300 North Jog Road, 4th Floor
West Palm Beach, FL 33411
Phone: (561) 233-2400
Fax: (561) 233-2414
With a Copy to: Palm Beach County Attorney's Office
Chief Deputy County Attorney
301 North Olive Ave, Suite 601
West Palm Beach, FL 33401
Grantee: City of Boynton Beach
Attn: Peter Mazella
124 East Woolbright Road
Boynton Beach. FL 33435
Phone: (561) 742-6404
Fax: (561) 742-6298
ARTICLE 14: ENFORCEMENT COSTS
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of
this Agreement shall be borne by the respective parties provided, however, this clause pertains only to the parties to this
Agreement.
ARTICLE 15: COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this
Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a
result of this Agreement.
ARTICLE 16: VENUE AND GOVERNING LAW
Interlocal Agreement, Page 7
To the extent allowed by la",. the venue for any action arising from this /\grcement shall be Il1 Palm Beach Countv. FlOrida.
This Agreement shall be governed by and m accordance with the laws ofthe State of Florida.
ARTICLE 17: REMEDIES CUMULATIVE
\,)0 remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every Slll'h remedv
shall be cumulative and shall be m addition to every other remedy given hercunder or now or hereafter existing at b\\ or tJ1
equity or by statute or otherwise. No StJ1gle or partial exerCISe' by any party of any right. power or remedy herl'lllldel shall
preclude any other or further exercise thereof.
ARTICLE 18: INCORPORATION BY REFERENCE
Exhibits A through F attached hereto and referenced herein shall be deemed to be incorporated m this Agrcemcnt hv such
reference.
ARTICLE 19: SEVERABILITY
If any section, paragraph, sentence, clause or provision of thiS Agreement IS 1()J' any reason held bv ~I court of competent
Jurisdiction to be unconstitutionaL inoperative. or VOid. such holdmg shall not affect the remainmg portions of this Agreement.
ARTICLE 20: AMENDMENTS AND CHANGE ORDERS
I. None of the provisions, terms and conditions cO!1tamecl in this Agreement may be ~\dded to. modified. sllPl'lseded
or otherwise altered. except by Written instrument executed by the parties hereto.
') Any minor modification to LxhibIt A. B. or B-1 of tlm >'\greemcnt shall be submittedll1 \\TIImg to the ( ounty as
a "Change Order" and shall he subject to the approval. pnor to Implementation. of both the Countv :lIld till' State
in accordance with Exhibit B. Section 20.
ARTCLE 21: WAIVER
Failures or waivers to insist O!1 strict performance of any covenant. condition. or proviSIon of this Agreement by anv party its
successors and assigns shall not be deemed a waiver of any of its rights OJ remedies. nor shall it relieve the other party from
performing any subsequent obligations strictly in accordance With the terms of this Agreement. r\o waiver shall be effectIve
unless in writing and signed by the party against whom enforce'ment IS sllught. Such waiver shall be 11l111tecl to proVISions of
this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. '-.!o \\'alver shall
Interlocal Agl'cement. Page X
constitute a continuing waiver unless the writing states otherwIse.
ARTICLE 22: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall have no substantive meaning.
ARTICLE 23: ENTIRETY OF AGREEMENT
The County and the Grantee agree that this Agreement and all attachments hereto set forth the entire agreement between the
parties, and there are no promises or understandings other than those stated herein. Notwithstanding, the Grantee
acknowledges that Exhibits A, B and B-1 of this Agreement have been developed from Grantee's funding application, Grantee
acknowledges that the County expects Grantee to perform this Agreement in accordance with such application. In the event of
a conflict between the Grantee's funding application and this Agreement, this Agreement shall control.
(The remainder of this page intentionally left blank.)
Interlocal Agreement, Page 9
IN WlTNESS WHEREOF. the Board of County CommissIOners of Palm Beach County. Florida has made and cXl'cutcd thiS
Agreement on behalf of the County and (irantee has hereunto set 1m/her hand the day and year ahove written.
ClTY OF BOYNTON BEACH 1'/\U'vII3EACI-I COUNTY. FLORIDA
BY ITS BOARD OF COI iNTY
CO\1MISSI0'\JERS
By: Bv -^'~~-'
Mayor Date /\ddie L. Greene. ChaIrperson Date
ATTEST: \TTFST:
By: --".~----,- ._-~.~---- Uv: --------~--_.,_.._-----------_.~---_..._----
Dale Sharon R. Bock. Clerk & Comptroller ! )a !l'
APPROVED AS TO FORM AND \PPROVED AS TO FORM A'\J[)
LEGAL SUFFICIENCY 1.[( ;AL SIIFnCIENCY:
By: Ih: -~------
City's Attorney Assistant County Attorney
APPROVED AS TO TERMS AND
(01\,JDITIONS
lh ---~'-_.__.'_.._- -'-..--.,'-.---
DIrector. Department of Environmcntal
Res( lU1TCS !'vi anagemen!
Interlocal Agreement, Page 10
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Page 1 of 1
Riseley, Karen
From: Riseley, Karen
Sent: Friday, March 14,2008 11:40 AM
To: Pyle, Judith
Subject: Agenda Item for April 1 st
Hi Judy,
We submitted an agenda item (April] agenda) this week for execution of an Interlocal
Agreement between Palm Beach County and the City to accept a $750,000 grant. It went
to legal for review and Lynn called late Wednesday for additional backup that Ifailed to
attach to the package, I sent this to her yesterday.
I'm sending the same material to you today via interoffice mail. It's part of the
agreement as back-up, the actual agreement that requires a signature was attached to the
Agenda Item Request. Sorry for the confusion, if I can answer any questions, please let
me know.
Thanks,
Karen T. Riseley, CPPB
Contract Administrator
City of Boynton BeaclzlUtilities
561-742-6435
riseleyk@t:o.boynton-beach.jl.us
3/14/2008
SCOPE OF WORK
City of Boynton Beach
SE Federal Highway Corridor Stormwater Improvements
DEP Agreement No. LP6046-2
PBC Agreement No. R2007 2279
Project Summary:
The Boynton Beach SE Federal Highway Stormwater project will treat 57 acres of mixed-use properties
ranging from small "old Florida" homes to medium sized, updated and heavily used professionaL light
industrial, restaurant and banking facilities. Currently, stom1water is inadequately treated before
discharging to Lake Worth Lagoon. The effective project area is approximately 57 acres and is divided
into a western area (west ofUSl) and an eastem area (east of US I).
The westem area includes the following features:
. Treats stonnwater of an approximate 3l-acre area;
. Construct 3,215 Ifof24-inch exfiltration;
. Install 16 curb inlets with sumps and baffle boxes for pollutant removal; and
. Install 3 additional manhole structures to aid in the removal of pollutants.
The eastern area includes the following features:
. Treats storm water of an approximate 26-acre area;
. Install 1,490 If of conveyance piping;
. Construct 13 inlets with sumps and baffle boxes for pollutant removal;
. Construct 1,550 If of grassed swale; and
. 1,250 If of grassed swale re-development.
I ----------- -----
Project Tasks - Start/End Dates i Estimated Costs
".....---- .........;--,_._-~~~--_._---~----------------
Task 1 - Engineering/DesignJPernutting i 12/2003 - 7.:2007 ' S 1 9~ JlOO i
-+------~-- -- ----~---- - --------~
Task 2 - Bid Process 7/07 - 9/07 r\A i
Task 3 - ConstTUction-~ 9/07 J2108--~--- - ----Sl..;()~l)()() I
Task 4 __ Monitoring -----~~-----Thro~ghout 2009 u ----- . ~~\I
m~_______ ...... _ ___----------- --- -----1
Task 5 - Project Completion 12/08 0.)\ I
TOTAL ESTIMATED COST I --~------~- --- ------- S 1_5 o (). (;00 1
, _ _ ____________oo _u_____________j-__ --------- _ -- _ -----oo----- I
GRANT AWARD ----+--______-75~~~-~~J
CITY MATCH i~______~n__________u____ :) C~(J_OOO ]
Expected Benefits
. Provide stom1water treatment for a 57-acre watershed prior to discharging to Lake Worth Lagoon
Source of Matching Funds
City Funds
Interlocal Agreement, Exhibit A
-0 ..... - r U '....-.-........'-" Ex~ l BiT P:>-i
>-- R 2 0 0 7 l; 2 2 7 9 ~
OEe 1 8 2007
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6046
PALM BEACH COUNTY
AMENDMENT NO.2
TIllS AGREEMENT as entered into on the 27th day of April, 2006, and amended on the 20th day of
November, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter
referred to as the "Department") and PALM BEACH COUNTY (hereinafter referred to as the "Grantee" or
"Recipient") is hereby amended.
WHEREAS, additional funding in the amount of $3,590,000 is available to continue Lake Worth Lagoon
Restoration in Palm Beach County; and,
WHEREAS, the Department believes that it is essential to allow for the continuation of these services
through June 30, 2010; and,
WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the
project as planned; and,
WHEREAS, it has been determined that an extension of time to complete the project would be in the best
interest of the State; and,
WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2005-2006 and State
Fiscal Year 2006-2007 funds supporting this Amendmentbeyond June 30th of each year is subject to the approval of
the Governor's Office; and,
WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding
period; and,
WHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's
request to certify the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by
the remaining unpaid State Fiscal Year 2005-2006 and State Fiscal Year 2006-2007 funds; and.
WHEREAS, additional changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
1. The title of the Agreement is hereby revised to read as follows:
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6046
PALM BEACH COUNTY
PURSUANT TO LINE ITEM 1717A OJ! THE 2005-2006 GENERAL APPROPRIATIONS ACT, AND
LINE ITEM 1821 OF THE 2006-2007 APPROPRIATIONS ACT, AND
LINE ITEM 1859 OF THE 2007-2008 APPROPRIATIONS ACT
2. Section 2 is hereby revised to change the completion date of the Agreement from June 30, 2009 to
June 30, 2010, and to include the following language as a separate paragraph.
The Grantee understands and agrees that certification forward of the State Fiscal Year 2005-2006 and the
State Fiscal Year 2006-2007 funds supporting this Agreement beyond June 30th of each year is subject to the
approval of the Governor's Office.
DEP Agreement No. LP6046, Amendment No.2, Page 1 of 4
3. Section 3A is hereby deleted in its entirety and replaced with the following:
As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $6,500,000 (an increase
of $3,500,000). The funding consists of$I,OOO,OOO provided in the original Agreement, $2,000,000 in Amendment
1, and $3,500,000 in Amendment 2. The parties hereto agree that the Grantee is responsible for providing a
minimum match of $6,500,000 (an increase of $3,500,000) toward the project described in Attachment A. Written
approval from the Department's Grant Manager shall be required for changes between budget categories up to 10%
of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the
DEP Contracts Disbursements Office for inclusion in the Agreement file, Changes greater than 10% will require a
formal amendment to the Agreement. If the Grantee fmds, after receipt of competitive bids, that the work described
in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify
the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding
identified above.
4. Section 5 is hereby deleted in its entirety and replaced with the following;
Progress Reports (Attachment C) shall be submitted describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress
reports shall be submitted in conjunction with the Disbursement Request Package, described in paragraph 3.B. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 and on
Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date,
interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department
(see paragraph 15). It is understood and agreed by the parties that the term "reporting period" reflects the period of
time for which the invoices submitted in the Disbursement Request Package are covered. . The Department's Grant
Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee.
5. Section 7 is deleted and replaced as follows:
A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30)
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with
the Department regarding the reason( s) for termination. Notwithstanding, Grantee shall not be deemed to have
failed to perform any obligations under this Agreement, if, pursuant to paragraph 3(A) of this Agreement, after
competitive bids are received it becomes apparent that the work described in Attachment A cannot be accomplished
for the current estimated project cost, requiring an amendment to this Agreement.
B, The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar days written notice. In case of such termination, the Department shall compensate the Grantee for all
funds expended or conunitted through the date notice of termination is received.
6. Section 9 is hereby revised to change the form number from FSAA_ CL2 to DFS-A2-NS.
7, Attachment A-2, Revised Project Work Plan, attached hereto is hereby added to the Agreement. All
references in the Agreemen~ to Attachment A shall hereinafter include Attachment A, Project Work Plan,
Attachment A-I, and Attachment A-2, Revised Project Work Plan.
8. Section 13 is deleted and replaced as follows:
The Department's Grant Manager for this Agreement is identified below,
Timothy A. Gray
Watershed Management and Planning
Florida Department of Environmental Protection - SE District
400 North Congress Avenue, Suite 200
West Palm Beach, Florida 33401
DEP Agreement No. LP6046, Amendment No.2, Page 2 of 4
,~
Phone: 561-681-6708
SG: 226-6708
Emai1: tim.gray@dep.state.t1.us
9. Section 14 is deleted and replaced as follows:
The Grantee's Grant Manager for this Agreement is identified below.
Richard Walesky, Director
Palm Beach County
2300 North Jog Road, 4th Floor
West Palm Beach, Florida 33411-2743
Phone: 561-233-2400
Fax: 561-233-2414
Emai1: rwalesky@co.palm-beach.t1.us
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6046, Amendment No.2, Page 3 of 4
This Amendment 2 to Grant Assistance Agreement LP6046 shall be executed in two or more counterparts,
either of which shall be regarded as an original and all of which constitute but one and the same instrument.
IN WITNESS WHEREOF, the Department has caused this amendment to the Grant Assistance Agreement
to be executed on its behalf by the Deputy Director of the Department and the Local Government has caused this
amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment
shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water
Resource Management. R2007~ 2279
PALM BEACH COUNTY FLORIDA DEPARTMENT OF
B OF COUNTY COMMISSIONERS E~PROZN
t": r~ By (l.MM J ~ ~
erson , Addie L. Greene Assistant Director
John F. K-oons. Vice Chalr SE District
I /10 /o~
Date: nEe 1 8 2007 Date:
{ ,
FEID No.: 59-6000785 V1
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY ~--;--;
County Attorney
APPR~ AS TO TERMS AND CONDITIONS By
BY ~ f'-~ t ~
~ '
~O'"
/ Richard E. walesky, Dire tor 11/(.(.'.. ,>l
Dept. of Environmental Resources I,. }/'. , '/."
'I. () '., ,.' <., "
Management '1"._ :7 . '" ..' ., C'
'\\\:\\\\\\.,\\:!5...,,-::-,:.-..: ',--
*For Agreements with governmental boards/commissions: If someone other than the Chainnan signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specify Tvoe LetteriNumber Description (include number of pages)
Attachment A-2 Revised Project Work Plan (5 pages)
Attachment D Special Audit Requirements (5 pages, including Exhibit 1)
DEP Agreement No. LP6046, Amendment No.2, Page 4 of 4
,
ATTACHMENT A - ~
R.e/l;e,L, PROJECT WORK PLAN
I. GRANTEElPROJECT INFORMATION:
Grantee: Palm Beach County Board of County Commissioners
Project Title: Lake Worth Lagoon Restoration
DEP Grant #: LP6046-2
n. FUNDING PLAN:
LP Grant Total
CategorY of Exnenditure Funds Provided Match Reauired Fundinl!'
Professional Services $350 000 $350.000
Construction &; Demolition $3.015383 $2 800 000 $5.815.383
Eauinment
Other - Monitorin!!' $350.000 $350 000 $700.000
Other - Pro2rlm Administration $134.617 $134,617
Total $3.500 000 $3.500,000 $7 000.000
IlL SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period,
method or manner ofperfonnance, requirements, quarterly cash needs, etc.)
There are eight (8) sub-projects as follows:
1. WestgatelBelvedere" Homes Community Redevelopment Agency: North Westgate Infrastructure
Improvements Project, Phases V & VI.
The Westgate/Belvedere Homes Community Redevelopment Agency (CRA) is a quasi-governmental
agency created by the Board of County Commissioners in 1989 pursuant to F.S. Chapter 163. Its overall
mission is to redevelop and revitalize the CRA district, thereby, improving the aesthetic and economic
viability of the area as well as the quality of life of the residents. The purpose of the infrastructure
improvement project is to improve and upgrade the existing antiquated storm-water drainage system by,
among other things, improving and installing new drainage basins, regrading the swales, constructing dry
retention areas, and replacing the sewer septic system with a sanitary sewer system. The cR..A will
construct approximately 4.5 miles of infrastructure improvements within the North Westgate area which is
located in central Palm Beach County. The improvements include the construction of more than 100 acre
feet of water retention area. The canals within the CRA are the L-2 and E-3-1/2 which are controlled by
the Lake Worth Drainage District, and the L-2B, and PBIA canals which are controlled by PB County.
These canals comprise the tertiary drainage system for the community which flow directly into the C-51
canal and ultimately the Lake Worth Lagoon and the Chain of Lakes.
Project elements include installation of 10,560 linear feet of swales, 110 existing homes will be converted
from septic to sanitary sewer, and 40-acre feet of wet retention will be consolidated in a small lake which
will include littoral zone planting.
Project Start: January 2008
Construction Start: May 2008
Construction End: March 2009
Project Completion: March 2009
2. South Cove Restoration
The South Cove Restoration Project will take place in the City of West Palm Beach's downtown waterfront
area. The restoration project includes filling a deep dredge hole, creation of mangrove islands, raising
elevations for recruitment of seagrass, mangrove planters, and placing rock for oyster reef and island
stabilization that will provide vital habitat in an urban setting. Substrate and habitat improvements will provide
subsequent water quality improvements in this area.
The project will consist of placing approximately 175,000 cubic yards of fill in a deep dredge hole to raise
elevations adequate for seagrass recruitment and to create a series of mangrove islands. The project will create
approximately 2.6 acres of mangroves, 3.5 acres of potential seagrass habitat, and 0.2 acres of Spartina. The
proj ect also includes placement of approximately 1000 linear feet of oyster reef, !, 1 00 linear feet of limestone
rock for mangrove island revetment, and 400 linear feet for planters. Mangrove planters will be constructed
along the seawall and planted with red mangrove seedlings. The scope of work includes the following:
. Perform bathymetric and resource smveys;
. Complete plans and procure environmental permits;
. Complete construction design and bid process;
. Install 400 ft. of riprap for mangrove planters;
. Fill dredge hole and project area;
. Install 1 000 ft. of riprap for oyster reef;
. Install!100 ft. of riprap for mangrove island revetment;
. Construct 0.2 acres of Spartina habitat; and
. Add soiVsand to planters and install approximately 10,000 mangrove seedlings.
Project Start: July 2007
Construction Start: August 2008
Construction End: November 2008
Project Completion: Apri12009
3. Ibis Restoration
The Ibis Restoration Project includes capping anoxic muck sediments with sand to promote a healthy benthic
environment Muck sediments blanket large areas of the Lake Worth Lagoon, covering the bottom with an
anaerobic substrate inlnbiting seagrass growth and negatively impacting the diversity of the benthic
community. These fine-grained sediments are easily resuspended by wind, wave, and tidal action increasing
turbidity and attenuating light penetration, further impacting the lagoon environment The capping will stop the
resuspension of muck sediments in the project area that is completely covered with muck deposits ranging from
1 to 7 feet in depth. A small area of mangroves and spartina will be planted along the eastern shoreline.
Substrate and habitat improvements will provide subsequent water quality improvements in this area. These
habitat elements will provide vital habitat in the central segment of Lake Worth Lagoon where expansive
submerged lagoon bottom is covered with muck. The restoration project will also create refuge for fish and
wildlife. At the completion of this project, it is envisioned that volunteer groups will place suitable oyster
substrate including oyster shell.
Sediment capping techniques have been extensively used to cap contaminated sediments in estuarine and
aquatic environments. The proposed project area is an approximate 8-acre area of submerged bottom
adjacent Ibis Isle in the TOYVllof Palm Beach. This project will convert 8 acres of anaerobic low-diversity
submerged bottom to sandy substrate capable of recruiting seagrass and providing suitable substrate for
oyster recruitment.
The scope of work includes the following:
. Perform bathymetric and resource surveys;
. Complete plans and procure environmental permits;
. Complete construction design and bid process;
')
. Place a cap of sediment in 8-acre project area; and
. Plant approximately 500 mangrove seedlings and 1000 spartina sprigs
Project Start: July 2007
Construction Start: May 2009
Construction End: July 2009
Project Completion: October 2009
4. John's Island Oyster Reef
Work is currently underway to obtain environmental permits for the placement of 5000 tons of 1 to 1.5 ft
diameter limestone boulders within the vicinity of John's. Island for the creation and enhancement of
existing oyster reef. John's Island is situated across from the C-51 canal in central Lake Worth Lagoon.
The 5,000 tons of rock will be used to create approximately 0.72 acres of oyster reef over a 3.0-acre site.
The rock placement will be completed by November 2008. The Palm Beach County Environmental
Resources Management will monitor the site for a minimum of three years post-construction to document
the project's success.
Project Start: July 2007
Construction Start: July 2008
Construction End: November 2008
Project Completion: November 2008
5. Boynton Beach SE Federal Highway Stormwater Project
The Boynton Beach SE Federal Highway Stonnwater project will treat 57 acres of mixed-use properties
ranging from small "old Florida" homes to medium s~ed, updated and heavily used professional, light
. industrial, restaUIllIlt and banking facilities. Currently, stann water is inadequately treated before
discharging to Lake Worth Lagoon. The effective project area is approximately 57 acres and is divided
into a western area (west of US 1) and an eastern area (east of US 1).
The western area includes the following features:
. Treats stormwater of an approximate 31-acre area;
. Construct 3,215lfof24-inch exfiltration;
. Install 16 curb inlets with sumps and baffle boxes for pollutant removal; and
. Install 3 additional manhole structures to aid in the removal of pollutants.
The eastern area includes the following features:
. Treats stonnwater of an approximate 26-acre area;
. Install 1,490 If of conveyance piping;
. Construct 13 inlets with sumps and baffle boxes for pollutant removal;
. ConstrUct 1,550 If of grassed swale; and
. 1,250 If of grassed swale re-development.
Project Start: July 2007
Construction Start: September 2007
Construction End: December 2008
Project Completion: December 2008
6. Riyiera Beach Maritime Academy Artificial Reef
This project consists of the design, construction, deployment, and monitoring of a prototype marine
fisheries habitat in Lake Worth Lagoon. The artificial reef will be deployed adjacent an existing artificial
reef at Kelsey Park in Lake Park, Florida. The red project will serve as a monitoring site for current and
future students. The reef will be constructed using recycled concrete structures and will measure
approximately 100' (length) x 12' (width) x 7' (height). The reef material will be deployed by barge.
- 3 -
Project Start: July 2007
Construction Start: November 2007
Construction End: February 2008
Project Completion: May 2008
7. Lake Worth Lagoon Monitoring
The continuing Lake WOlth Lagoon Monitoring Project will consist of various sub-projects with the overall
objective being to determine whether the Lagoon's environmental health is improving based on the
implementation of construction projects designed to benefit the Lagoon's habitat and water quality. The
subprojects for State Fiscal Year 2007-2008 will include but are not limited to the following projects:
. Sediment Sourcing Study;
. Sediment Management Study;
. Substrate Characterization Study:
. Sea Turtle Netting Survey;
. Water Quality Monitoring;
. Seagrass Mapping and Monitoring;
. Oyster Monitoring; and
. Fishery Survey.
Project Start: January 2008
Project Completion: June 2010
8. Grant Administration
Administrative functions provided by County staff for the Lake Worth Lagoon Restoration and
Enhancement Projects include the following:
. Preparation and administration of sub grants associated with individual projects;
. Site inspections to track compliance with the terms of subgrantees contracts;
. Review of subgrantees invoices, progress reports and site inspection reports. consistent With
individual contracts and Scopes of Services;
. Prepare Grant Manager and Engineer Certifications;
. Preparation ofreports submitted to the Department on project status and funding; and
. Preparation of project modifications to the Scope of Services as may be appropriate and
coordination of contract modifications with the Department and subgrantees.
Project Start: July 2007
Project Completion: June 2010
IV. PROJECT MILESTONES:
Estimaleu Construction start date: November 2007
Estimated scopc of work completion date: .June 20\0
V. LOCAL MATCH & OTHER GRANT FUNDS:
List the sources and umOlllllS for :111 funds bClIlg uscd to fund thiS ITOJCCt.
SOURCE AMOlJNT($) i
2007-2008 LP !!:rant S3.500,OOO i
2007-2008 Match S3.500,()OI) I
Rivicra Bcach Maritimc Acadcmy S20,OOI) I
City of Boynton Beach S750.()OI) !
West"utc eRA 51.525,383 !
-+ -
SOURCE AMOUNT($)
Palm Beach County Manatee Protection Fund $749,617
Saltwater Vessel Registration Fees $205,000
In-Kind (Palm Beach County) $250,000
Total Proiect Cost $7,000.000
- 5 -
A TT ACHMENT D
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor". Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection detennines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
TIris part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a
single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection
by this Agreement. In detennining the Federal awards expended in its fiscal year, the recipient shall consider all
sources of Federal awards, including Federal resources received from the Department of Enviromnental Protection.
The detennination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB CircularA-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions ofOMB Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised,
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than
$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of
OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources(i.e., the cost of such an
audit must be paid from recipient resources obtained from other than Federal entities).
4. The recipient may access infOJ;mation regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2l5.97(2)(m), Florida Statutes.
I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in
any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of
Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year,
the recipient shall consider all sources of State financial assistance, including State financial assistance received from
the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance
does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
DEP Agreement No. LP6046, Attachment D, Page I of 5
"-
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State [mancial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For infonnation regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://aops.fldfs.comlfsaa for assistance. In
addition to the above websites, the following web sites may be accessed for information: Legislature's
Website at http://www.lee:.state.fl.us/Welcome/index.cfm. State of Florida's website at
htto://www.mvflorida.coml. Department of Financial Services' Website at htto://www.fldfs.com/ and the
Auditor General's Website at htto://www.state.fl.us/aude:en.
PART ill: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for fUnding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-B3, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-l33, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
DEP Agreement No. LP6046, Attachment D, Page 2 of 5
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies offmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other infonnation required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits
done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
DEP Agreement No. LP6046, Attachment 0, Page 3 of 5
',- . ~
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is 'issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6046, Attachment D, Page 4 of 5
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ocr 1 7 2006
STATE FINANCIAL ASSISTANCE AGREEMENT
AMENDMENT 1 TO GRANT ASSISTANCE AGREEMENT LP6046
PALM BEACH COUNTY
PURSUANT TO LINE ITEM 1821 OF THE 2006 - 2007 GENERAL APPROPRIATIONS ACT
TIllS AGREEMENT as entered into April 27, 2006 between the STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECfION (hereinafter referred to as the "Department" or "DEP") and PALM
BEACH COUNTY (hereinafter referred to as "Grantee" or "Recipient") is hereby amended.
WHEREAS, paragraph 2 allows for the inclusion of additional services if additional funding is made
available; and,
WHEREAS, the Legislature provided additional funds for the project; and,
WHEREAS, the Department desires to add funds for an additional service period to extend the Agreement
period to June 30, 2009; and,
WHEREAS, the maximum Compensation amount of the Agreement will be increased by $2,000,000 to
provide funding for the second service period; and,
WHEREAS. other changes to the Agreement are necessary.
NOW THEREFORE. the parties hereto agree as follows:
1. Paragraph 2 is hereby revised to extend the completion date of the Agreement from March 31,2009 to June
30.2009.
2. Paragraph 3A is hereby revised to increase the maximum Compensation amount of the Agreement from
$1.000,000 to $3,000,000 (an increase of $2,000.000). The parties hereto agree that the Grantee is
responsible for providing an additional match of $2,000.000 for a total match amount of $3,000,000
toward the project described in Attachment A.
3. Paragraph 9 is hereby revised to change the website listed to httos:llanps.fldfs.cOmlfsaa.
4. Attachment A-I, Project Work Plan is attached hereto and made a part of the Agreement providing for the
additional funds appropriated.
5. Attachment D, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment
D-l, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment D shall hereinafter refer to Attachment D-l, Revised Special
Audit Requirements.
In all other respects, the Agreement of which this is an Amendment and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
'; r,
;.i/
DEP Agreement No. LP6046, Amendment I, Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below by the Director of the Department.
j'<"'> t'l .::: ':,_\ -f_) (~; :~\ '7
PAI:\1'81~,\CH ('l)l, ;\"I'Y " . , STATE OF FLORIDA DEPARTMENT OF
f30.\RP ,dF cr:vrv (;;~).VI::'ll~I(,)1\ERS ENVIRONMENT AL PROTECTION
/ ':\il""'fti \t1{)roU'"
i ./ !....H~,.. I, '. ,.J
.-~,",/ ( ( {/\./ \.. ' ~
I ',I' -- By:
By:' , ...
Cl1hi(rnnn. TOllY Vlasilolti l)i rector
l NOV r) 0 ')t'Jf'c'
" N c U .0
Date: ocr 1 7 2006 Date:
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.-' I '''I'i'' ~"j ") Ii-''{;t" 1 Ll/-' /{/ '',V""!
FEID No.: ~) (.! ~ t; C' U 0 7 ( b Grant Manager (
!/
APPROVED AS TO FORM I}ND LEGAL SUFFICITNCY
. \. "~l
r ' -..
BY ii/' .I..." '>'\ ,.- "
County Attorney
. \'
APPROV~)S ;0 TERMS..~ND CONDITIm,:S
BY }C:::LLJ.~e ~f_ ~r~ -lei-
RIchard E. Walesky, Director
Department of Environmental Resources Management
Attachments/Exhibits included as part of this Amendment:
Specify Letter/
Type Number lkscriotion (includinl,!: number of pages)
Attachment A-I Revised Project Work Plan - (J Pages)
Attachment 0-1 Revised Special Audit Requirements (5 Pages)
DEP Agreement No, LPliO.+IJ, Amendment I, Page 2 of 2
ATTACHMENT A .. I
PROJECT WORK PLAN
Please complete this form with as much detail as possible
I. GRANTEE/PROJECT INFORMATION:
Grantee: Palm Beach County Board of County Commissioners
Project Title: Lake Worth Lagoon Restoration
DEP Grant #: LP6046/1
11. FUNDING PLAN:
2006-2007 LP Grant 2006-2007 Total 2006-2007
Catee:ory of Expenditure Funds Provided Match Required Fundine:
Professional Services $95,000 $95,000
Construction & Demotition $1 766,575 $1,671,575 $3,438.150
Land
Equipment
Other - Monitoring $200,000 $200,000 $400,000
Other - Grant Administration $33,425 $33,425 $66 850
Total $2,000,000 $2,000,000 $4,000.000
III. SCOPE OF WORK: (e.g., specifications, task time line within current authorized Agreement period,
method or manner of performance, requirements, quarterly cash needs, etc.)
There are six sub-projects as follows:
1. Westgate/Belvedere Homes Community Redevelopment Agency: North Westgate Infrastructure
Improvements Project. Phase IV
The North Westgate Infrastructure Improvements Project - Phase IV will improve the existing drainage
basin within a residential neighborhood which was developed prior to the requirements for water quality
treatment, Improvements to the approximate 64.7-acre basin during Phase IV include approximately 4,5
miles of infrastructure improvements within the North Westgate area (e.g., construction of detention areas,
regrading of swales, and replacement of the existing septic sewer system with a sanitary sewer system).
Benefits of the project include a reduction in groundwater and surface water loadings of pollutants such as
metals, nutrients, oxygen depleting materials and sediments within the contributing drainage area of the C-
51 Canal.
The improvement project will benefit the Lagoon system in two ways. First, the retrofitting of the
stormwater retention system which includes improving the swales. and constructing retention areas with
new control structures, will help provide better water quality for the nmoffwhich enters the Lagoon. Water
quality improvements will be made prior to discharge into the adjacent canal system. Second, the
infrastmcture improvements will provide the residents with a sanitary sewer system which will replace the
current septic system. This will eliminate the sewage which is being discharged by the septic systems into
the groundwater which seeps into canals, The stormwater detention will also attenuate stormwater
discharge rates and thereby reduce flooding potential to the area. The discharge attenuation will also help
reduce peak discharges to the C-51 Canal and L WL.
Project Start: January 2006
Construction Start: May 2007
r \C't:r\l.:l'l;l'I.II\Lll..dV\1nhLI~\'\nll'.IH,., (il.lI1h\llll-n7 I ,I'(lO.lh-l\Drali LWL\tLh.:htl'k.'III.\ .Iut.:
Construction End: May 2008
Project Completion: July 2008
2. City of West Palm Beach: 231"d, 26th, and 331"d Streets Pollution Control Device Project
The City's recent Storm Water Master Plan outlines several measures to be taken to reduce pollutants
discharged to the Lagoon via the City's storm water runoff. These measures include installation of
pollution control devices ( Suntree Nutrient Separating Baffle Box), drainage and sanitary pIpe
replacements, ex filtration systems and lake detention systems, This project includes the installation of
storm water Pollution Control Devices (PCD's; Suntree Nutrient Removal Baffle Box) on three of the
City's primary drainage system pipes (23ro, 26t\ and 33'd Streets) that outfall directly to the Lake Worth
Lagoon.
The purpose of the Pollution Control Devices is to reduce the amount of trash, oils, greases and suspended
solids entering the Lagoon in an attempt to reverse the adverse impacts caused by decades of untreated
stormwater runoff. Each of these project sites will be surveyed to detemune the appropriate locations for
these devices. It is anticipated that the devices will be located near the outfall discharge point of each
drainage system and within the City's right of way for easy access and cleaning. Required pipe relocations
and or replacementslimprovements immediately upstream of the structures and downstream to the outfall
discharge point are also included in the project scope of work. The project will enhance water quality of
runoff from a 389.2-acre watershed before it enters Lake Worth Lagoon. Pollution Control Devices have
been reported to have the following treatment efficiencies: 75-90% removal of total suspended solids, 45-
70% removal of nutrients (phosphorous and nitrogen) and 75-90 % removal of heavy metals. The City will
estimate the pollutant load reduction of the installed stOlm water improvements in accordance with
accepted design methods.
Project Start: May 2006
Construction Start: September 2006
Construction End: September 2008
Project Completion: December 2008
3. Town of Hypoluxo: Sewering of Hypoluxo Shores
The Town of Hypoluxo is located on Lake Worth Lagoon and directly impacts the water body. There are
28 residential lots located east of US Highway 1 that use septic tanks for wastewater treatment. The septic
systems are more than 50 years old and some are located within close proximity to Lake Worth Lagoon, in
some cases, 10 feet from the edge of water. By removing the aging septic system, septic loading to the
lagoon from these residences will be eliminated.
Project Start: October 2006
Construction Start: August 2007
Construction End: February 2008
Project Completion: May 2008
4. Boynton Beach/Ocean Ridge Mangrove Planter/Revetment
The proposed mangrove planter/revetment project is designed to protect an approximate 30 acre mangrove
area, including a 2,400 foot mangrove fringe that has slowly eroded by boat wakes. The project will
consist of the placement of approximately 6,400 tons of limestone boulders along the mangrove fringe and.
where practical, construction of a linear mangrove planter between the rock and existing mangroves
consisting of filter fabric filled with sand and soil amendments and planted with red mangroves and
Spartina. These mangroves provide important habitat for many species of fish and wildlife and improve
water quality. The rock revetment, by nature of its makeup and location. will serve not only as fortification
of the mangroves but also act as a shallow water artificial reef that is conducive as suhstratum for oysters
and other attaching organisms.
T'\.'l.,"r\(\l;nl.ll\L\kcWLlnhld~nnll\[)rp Cir,1l11~'.Il(J-j)7 I l',,()~f)- \ \rhiln I. WI.r\1I.h.:h1llt"111,-\ tll'.....
Project Start: July 2006
Construction Start: January 2008
Construction End: October 2008
Project Completion: November 2008
5. Lake Worth Lagoon Monitoring
The continuing Lake Worth Lagoon Monitoring Project will consist of various sub-projects with the overall
objective being to determine whether the Lagoon's environmental health is improving based on the
implementation of construction projects designed to benefit the Lagoon's habitat and water quality. The
subprojects for State Fiscal Year 2006-2007 will include:
. Continuation of USGS Sediment Transport Study;
. Sediment Sourcing and Sediment Management Study;
. Substrate Characterization Study;
. Sea Turtle Netting Survey; and
. Fishery Survey.
Project Start: January 2007
Project Completion: June 2009
6. Grant Administration
Administrative functions provided by County staff for the Lake Worth Lagoon Restoration and
Enhancement Projects include the following:
. Preparation and administration of subgrants associated with individual projects;
. Site inspections to track compliance with the terms of sub grantees contracts;
. Review of subgrantees invoices, progress reports and site inspection reports, consistent with individual
contracts and Scopes of Services;
. Prepare Grant Manager and Engineer Certifications;
. Preparation of reports submitted to the Department on project status and funding; and
. Preparation of project modifications to the Scope of Services as may be appropriate and coordination
of contract modifications with the Department and subgrantees,
Project Start: January 2007
Project Completion: June 2009
IV. PROJECT MILESTONES:
If the scope of work includes construction:
Estimated Construction start date: June 2006
Estimated scope of work completion date: June 2009
V. LOCAL MATCH & OTHER GRANT FUNDS:
List the sources and amounts for all funds heing used to fund this project.
SOURCE AMOUNT($)
2006-2007 LP l!'rant $2,000,000
2006-2007 Match:
PBC Gas tax Reserves - District 2 (Proiect 1) $400.000
Storm Water Bond Fund (Project 2) $500.000
Town of Hypoluxo Reserves (Project 3) $400.000
PBC Vessel Registration Fees. PBC Annual Restoration Funds (Proiect 4) $466,575
In-Kind (Lake Worth Lauoon Monitoring) S2ll0.000
Ad- Valorem (Grant Administration) $33,425
Total Project Cost $4.000.000
T Il'l"'\l.:tl;1!'llal\L.1"'I:\Vt1l1hLt);!0I..1Il\DF.P (jLlII1,,'.llh-07 1.I'('()~/I.I\Dr;\fll.WI.AII.lchllx'nl;\ dllL:
ATTACHMENT D-l
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as dermed by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as dermed in OMB
Circular A-B3, as revised.
I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a
single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to
this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including
Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-I33, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions ofOMB Circular A-I33, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with
the provisions ofOMB Circular A-I33, as revised, is not required. In the event that the recipient expends less than $500,000 in
Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133,
as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from
recipient resources obtained from other than Federal entities).
4. The recipient may access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htto://12.46.245.173/cfda/cfda.html.
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as dermed by Section 215.97(2)(m), Florida Statutes.
I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in
any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement.
In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial
assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies,
and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
---
of a financial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at httos:/laDJ)s.fldfs.comlfsaal or the Governor's Office
of Policy and Budget website located at htto:llwww.ebud2et.state.fl.us/ for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
htq>:llwww.le2. state.fl. usIW elcome/index.cftn. Governor's Website htto:llwww.mvflorida.coml.
Department of Financial Services' Website htto://www.fldfs.coml and the Auditor General's Website
htto:/ /www.state.fl.uslaud2enlDa2eslflsaa.htm.
PART ID: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215,97(8), Florida,
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes, In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
D EP A (!Teem...,t N n r p",n.d'" A Hnnl.__. l"'\ n. _. .., _" ~
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B, The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies ofreports or management letters required by PART ill of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for~profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits
done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-
profit organizations), Rules ofthe Auditor General, should indicate the date that the reporting package was delivered to the
recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Depamnent of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection,
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STA..J: FINANCIAL ASSISTANCE AGREEMEl'Il
PALM BEACH COUNTY
DEP AGREEMENT NO. LP6046 \,....." ~- r ,-" "
Nt.. 0 U 6 - 0 ..-- G '':
"J ;,
STATE OF FLORIDA APK . 4 2Wli
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1717 A OF THE 100S - 1006 APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is :2600 Blair Stone Road, MS 3505, Tallahassee, Florida
32399-2400 (hereinafter referred to as the "Department") and PALM BEACH COUNTY, whose address is 3323
Belvedere Road, Building 502, West Palm Beach, Florida 33406 (hereinafter referred to as "Grantee" or
"Recipient"), existing as a local government agency wIder the laws of the State of Florida, to provide funds for Lake
Worth Lagoon Restoration.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement. Attachment A (Project Work Plan), and all attacluneuts and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and
"Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than March 31, 2009, inclusive. \...
This Agreement may be an1euded to provide for additional services if additional funding is made available
by the Legislature.
3. A. As consideration for the services rendered by the Grantee under the tenuit of this Agreement. the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$1,000,000 toward the total project cost estimate of $2,200,000. The parties hereto agree that the
Grantee is responsible for providing a minimum match of $1 ,000,000 toward the project described
ill Attachment A, 1 f the Grantee finds, after receipt of competitive bids, that the work described in
Attachment A calUlot be accomplished' for the current estimated project cost. the parties hereto
agree to modify the Project Work Plan described in Attachment A to provide for the work that
can be accomplished for the funding identified above.
r-- (..
B. The Grantee shall be reinlbursed on a cost reimbursement bltsis for all eligible project costs upon \:"1., ,
receipt and acceptance of a properly completed Disbursement Request Package (provided as ' '......
Attachment B). In addition to the disbursement 1orm, the Grantee must provicJ.C- fro.!!!_.!fs
.!lccounting system. a. lis~I:LQf~x.p~p:~~~~s charged against this Agreement. The listing shall
include, at a-Ininllnum, a description of the goods or services purchased, date of the transaction,
voucher n~ber, amount paid, and vendor ll!lD1C. All requests for reimbursement of travel
expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes.
Payment requests shall be submitted no more fr~quelltly than monthly. The Payment Request I
Package includes:
(I). A con~~~t~~.J)is~w'sement Request FO~'~ll s~ned by the Grantee's Grant Managel". Such
requests must be accompanied by sUfficiently itemized swnmaries of the materials, labor, or
services to id~ntify the nature of the work performed; the cost or charges for such work; and
the person providing the service or performing the work. If payment is based on an
authorized advance for incurred costs, invoices reflecting such costs must be included. After
receipt of advance funds the Grantee shall provide proof of payment to the Deparunent
within 30 days receipt of advance funds. If payment is based on reimbursement, proof of
payment of the invoices is required; and
(2) A cert!-f"ica!il?l1 signed by the Grantee's Grant Manager as to the current estimated cost of the
"- Project; that the' matenalS~"' iabor~ . . or . services' represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project; that all funds
rc<ceived to dute have been applied toward completing the PJ;oject; and that under the terms
DEP Agreement No. LP6046, Page 1 of 6
and provisJOHS of the contracts, the Local GovenUllcnt is required to make such payments;
and
(3)~_~el~~~ic~tion by the engineer responsible for overseeing consuuction stating that
equipment. materials, labor and services represented by the consu'uction invoices have been
satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with
construction conu'act docWllents; stating that payment is in accordance with construction
contract provisions; stating that construction, up to the point of the requisition, is in
compliance with the contract documents; and identifying all additions or deletions to the
Project which have altered the Pl'Oject's performance standards, scope, or purpose since the
issue of the Department construction permit; and
(4) Such other certificates or docwnents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
.--
C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will .-
periodically request proof of a transaction (invoice, payroll registel', etc,) to evaluate the
appropriateness of costs to the Agreement pUJ;suant to State and Federal ~'llidelines (including cost
allocation guidelines), as app!opriate. This information when requested m\,18t be provided within
30 calendar days of such request. The Grantee may also be required to submit a cost allocation
plan to the Department in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for' amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre-audit and post-audit theJ'eof.
D, State guidelines for allowable costs can, be found in the Department of Financial Services'
Reference Guide for State Expenditures at http://www,dbf.statc.fl.us/aadirl1'eference l!:wde.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations,
5. Progress Reports (Attachment C) shall be' submitted describing the work performed, problems
encountered, problem resolution, scheduleupli,ate~a.n4proJlQs.ed work. for t1iene~t r~p-Qr:tingperiod:--If
~ paymentiS-au:thorized, the Gr~~tee shall report (and document as' required under paragraph 3
above and Attachment E) the amount of funds expended during the reporting period, the Agreement
expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the
interest to the Department (seu~~J.5). Progress reports shall be submitted to the Depw1ment's
Grant Manager no later than twe~l}'.J~)~y.sJ!>JI!>wing the ~ClJl~~eE:~l1_~(~.'l~Ec~!~~'ep/:)rtinJ~ peril:'~' It
is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar
quw1ers ending March 31, June 30, September 30 and Dect:mber 31. The Department's Grant Manager
shall have ten (10) calendar days to review deliverables submitted by the Grantee.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of lts
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 7'68.28, Florida Statutes,
7. A. The Department may tem1inate this Agreement at any time in the event of the failure of the
Grantee to fulftll any of its obligations wlder this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Dep~nt regarding the reason(s) for termination.
Notwithstanding, Grantee shall not be deemed to haw tailed to perform any obligations und~r this
Agreement, if: pursuant to paragraph 3(A) of this Agreement, after competitive bids are received it
becomes apparent that the work described in Attachment A cannot be accomplished for the current
estimated project cost, requiring an amendment to this Agreement.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thitty (30) calendar days written nolic\:. In case of such termination, the Department shall
compensate the Grantee for all funds expended or committed through the date notice of
termination is received.
DEP Agreement No. LP6046, Page 2 of 6
,
8, This Agreement may be ~.jaterally canceled by the Department for refusw by the Grantee to allow public
access to all docJ.llIlents, papers, letters, or other material made or received by the Grantee in conjW1ction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119,07(1), Florida Statutes.
9. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit
Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D
summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the rt'quirements of Attaclunent D. A revised copy of Exhibit 1 must be provided to
the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee
fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants
Development and Review Manager at 850/245-2361 to request a copy ofthc updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1
when making its determination. For federal fmancial assistance, the Grantee shall utilize the
guidance provided wlder OMB Circular A-B3, Subpart B, Section _.210 for determining whether
the relationship represents that of a subrecipient or vendor. For state fll1ancial assistance, the
Grantee shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient
vs Vendor Determination" (fonn number FSAA_CL2) that can be found under the "Links/Forms"
section appearing at the following website:
htto:/ /WWW.tsaa.state.fl.us/
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible
for the fulfillment of all work elements included in any subcontract consented to by the Department
and agrees to be responsible for the payment of all monies due wlder any subcontract. It is
understood llnd agreed by the Grantee dlat the Department shall not be liable to any subcontractor
for any expenses or liabilities incurred under the subcontract and that the Gl"antce shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should retlect the full diversity of the citizens of the
State of Florida. The Department will be glad to furnish a list of minority owned businesses for
consideration in subcontracting opportunities.
11. In. accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the pUl]>ose of lobbying the Legislature, the judicial branch or a state
agency.
12. The Grantee shall comply with all applicable tCderal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee:: acknowledges that this requirement includes
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
13. The Departllrent's Grant Managc:r for this Agreenrent is identified below.
Tommy Williams
8ureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: 850-245-8358
Fax: 850-245-8411
DEP Agreement No. LP6046. Page 3 of 6
.:mail: thomas.c. willia ms(a),dc/>.shl tc. n. us
]4. The Grantee's Grant Manag~r for this Agreement is identified below.
Richard Walesky, Director
Palm Beach County
3323 Belvedere Road, Building 502
West Palm Beach, Florida 33406
Phone: 561-233-2400
Pax: 561-233-2414
Email: rwaleskY~ico.palm-beach.n.us
15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department. upon written request from
the Gl'antee and written approval from the State's Chief Financial Officer. if applicable, may provide an
advance to the Grantee. The Grantee must temporarily invest the advanced funds. and return any interest
income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income
against the Department's obligation to pay, if applicable. WIder this Agreement. hlterest earned must be
returned to the Department within the timeframe identified above or invoices must be received within the
same timeframe that shows the offset of the interest eamed.
Unused fwuis, and interest accrued on any Wlused pOltion of advanced fwuis which has not been remitted to
the DepartnlCnt, shall be retllrned to the Department within sixty (60) days of Agreement completion.
The parties hereto acknowledge that the State's Chief Financial Officer may identify additional
requirements, which must be met in order for advance payment to be authorized. If the State's Chief
Financial Officer imposes additional requirenlCnts. the Grantee shall be notified. in writing, by the
Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds.
the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of
the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the
funds,
If advance payment is authorized. the Grantee shall be responsible for submitting the information requested
in the Interest Eamed Memorandum (Attaduuent E) and the Advance Payment Justification Form
(Attachment F) to the Department's Grant Manager quarterly. TIus information shall be requested by the
Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting
requU'ements established in paragraphs 3 and 5,
16. To the extent required by law, the Grantee will be selt:insw'ed against, or will secure and maintain dw"ing
the life of this Agreement. Workers' Compensation Insurance for all of his employees connected with the
work of this project and. in case any work is subcontracted, the Grantee shall require the snbcontractor
sinularly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self:lllSurance program or insurance
coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes.
the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of his employees not otherwise protected.
17. Grantee, as an independent conn-actor and not an agent. representative, or employee of the Department,
agrees to carry adequate liability and other appropriate forms of lllSw'ance. The Department shall have no
liability except as specifically provided in this Agreement.
Ill. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict
in any manner or degree with the performance of services required.
19. The purchase of non-expendable equipment costing $1.000 or more is not authorized Wider tlle temlS of thIs
Agreement.
20, The Depal1ment may at allY time, by written order designated to be a change order, make allY change in the
Project Work Plan within the general scope of tillS Agreement (e.g., specifications, task timeline within
cunent authorized agreement period, nlCthod or manner of performance, requirements, etc.), All change
DEP Agreement No. LP6046. Page 4 of 6
orders are subject to the Jmltual agreement of both parties as evidenced in writing, Any change order that
causes an increa~e or decrease in the Grantee's cost or time shall require formal amendment to this
Agreement.
21. A. No person, on the groWlds of race, creed. color, national origin. age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in perfonnance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to 11 public entity, may not submit a bid on a contract
with a public entity for ~ constructiull or repair of a public building or public work, may 110t
submit bids on leases of real property 10 a public entity. may not award or perform 'Work as a
contractor, supplier, subcontractor, or consultant Wlder contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to post the list on its website.
Questious regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, al 850/487-09]5.
22. Land acquisition is not authorized under the tem1S of this Agreement.
23. Tllis Agreement represents the entire agreement of the parties. Any alterations, vanatJons, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attacbed to the original of this Agreement, unless
otherwise provided herein.
REMAIN DER OF PAGE INTENTlONALL Y LEFT BLANK
,
DEP Agreement No. LPb046, Pagt': 5 of 6
IN WITNESS WHEREOF, the panies have cau~cd tins Agreement to be duly executed, the day and year
last ~tten below,
1\ ~! n 0 tJ ..' 'J ~:: ::. -:'
PALM BEACH CO~'f'Y 0 j STA TE OF FLORIDA DEPARTMENT OF
BOARD OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION
" ,-/
" ... I BY:~ ,/lu,/
,,) ____ I.'
_,.F"., .II' ~. 'to
~.~ r-~.r~.;.:::.....-
C' 'Tony M~' Secretary or designee
Date: APR . 4 1000 Date: .. J 7 ,2006
.
(I ~
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FElD No.: 59-6000785
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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BY / j).--.,..,,~",~-__',-.,-- a (IT
County Attorney
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APPRO~ AS TO TERMS AND CONDITIONS Sharon R. Bo~erk &-C~~Uer
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BY . . . . it.. .>- \'.v~ ....~ 4};1J ~";'
'Richard E. WaleskY:-Director ' ~.L! , "'')rpp..'' . .?~ ..J
~uty.4tI.~ . :-~
Department of Environmental Resources Management 11, .b.... B II;'" ....9}
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"'For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission 1l1llst accompany the Agreement.
List of attachments/exhibits included as plUt of this Agreement:
Specify Letter/ Description (include number of pages)
Type Number
Attachment A Project Work Plan (3 Pages)
Attachment B Disbursement Request Package (3 Pages)
Attachment C Progress Report Form (2 Pages)
Attachment D Special Audit Requirements (5 Pages)
Attachment E Advance Payment - Interest Earned Memorandwn ( 1 Page)
A ttacbment F Advance Payment Justification Form (3 Pages)
DEP Agreement No. LP6046, Page 6 of 6
ATTACHMENT A
PROJECT WORK PLAN
Please complete this form witl, a~' muc/, detail as possible
I, GRANTEE/PROJECT INFORMATION:
Grantee: Palm Beach County
Project Title: Lake Worth Lagoon Restoration
DEP Grant #: LP6046
II. FUNDING PLAN:
FY05/06 PROJECT BUDGET
Category of E1t:penditure DEP Funds Total Matc:hine Funds Total Fundln2
Professional Services $150,000 $150.000
Construction & Demolition $937,948 $987.948 $ J .925.896
Land
Equipment
Other-Monitorinl! $31,000 53 J .000 $62.,000
Other -Grant Administration $3 J .052 $31,052 $62 104
Subtotals $1.000.000 $1 200.000 $2,200,000
What II the total estiuUlted nroj ect cost? $2.200,000
1IJ. SCOPE OF WORK: (e,g.. specifications. task time line within current authorized Agreement period,
method or manner of performance, requirements, quarterly cash needs, etc.)
Thcrc arc four sub-projects as follows:
1. Westgate/Belvedere Homes Community Redevelopment Agency: North Westgate Infrastructure Improvements
Project, Phase III
The North Wcstgate Infrastructure Improvements Project Phase III will improve the existing drainage basin within a
residential neighborhood which was developed prior to the requirements for water quality treatment. Improvements 10 the
approximate 64.7-acre basin during Phase JJI include construction of detention arcas, regrading of swales, and replacement of
the existing septic sewer system with a sanitary sewer system. Benefits of thc project include a reduction in groundwater and
surface water loadings of pollutants such as mews, nutrients. oxygen depleting materials and sediments within the
contributing drainage area of the C-5 J C~nal.
The improvement project will benefit the Lagoon system ill two ways. First. the retrofitting of the stormwater retention
systcm which includes improving the swales, and constructing rctcntion arcllS with new control structures, will help provide
better water quality for the runoff which enters the Lagoon. Water quality improvements will be made prior 10 discharge into
the adjacent canal system. Second, the infrastructure improvements will provide the residents with a sanitary sewer system
which will replace the current septic system. This will eliminate the sewage which is being discharged by the septic systems
into the groundwater which seeps illl0 canals. The slormwater detention will also attenuate SLOrmwater discharge rates and
thereby reduce flooding potential to the area. The discharge attenuation wilt al~o help rC41uce peak discharges 10 the C-51 canal
and LWL.
Project Start: January 2006
Construction Start: May 2006
Construction End: May 2007
Project Completion: September 2O011
2. City of West Palm Beach: Lakewuud, Edmon:. Datura. anti 3rd Street Pollution Control Devices Installation Project
The City of West Palm Beach has embark.ed on an aggressive plan to improve the Lake Worth Lagoon. The City's recelll
Sloml Water Master Plan outlines several measures 10 be taken to reduce pollutants discharged to the Lagoon via the City's
storm water runoff. These measures include installation of \Dilution control devices (Suntree Nutrienl Separating Baffle Box),
drainage amI sanitary pipe replacements, exfiltrlltion s)Stems and lake detcmion systems. This project includes the installation
of storm water Pollution Control Devices (PCD's) on Lakewood Road, Edmorc Road, Datura Street and 3rd Street, four of the
City's primary drainage system pipes that outfall directly \D the Lake Worth LiJgoon.
The purpose of the Pollution Control Devices is to reduce the iJlllount of trash. oils. greases and suspended solids entering the
Lagoon in an attempt to reverse the auverse impacts causeu by decades of untreated stormwater runoff. Each of these project
sites will be surveyed to detennine thc appropriate locations for these devices. It is anticipated that the devices will be located
near the outfall discharge point of each drainage systelll and within the City's right of way for easy access and cleaning.
Required pipe relocations and or replacements/improvements immediately upstream of the structures and downstream to the
outfall discharge point are also includ\:J in the project scope of work. The project will enhance water quality ofrunofffrom a
45 \.l-ucre watershed before it elllers Lake Worth Lagoon. Pollution Control Devices have been reported to have the
following treatment efficiencies: 75-'lU% removal of totul suspended solids. 45-70% removal of nutrients (phosphorous and
nitrogen) and 75-90 % removal of heuvy metals. The City will estimate the pollutant load reduction of the installed storm
water improvements in accordance with accepted design n1:thous.
Project Start: June 2005
Construction Start: May 2006
Construction End: October 2007
Project C<llllpletion: March 2008
3. Lake Worth Lagoon Monitoring
The continuing Lake Worth Lagoon Monitoring Project will consist of various sub-projects with the overall objective being \0
detcmline whether the Lagoon'. environmental health is improving based on the implemcn1ation of construction projects
lIesigncd to benefit the Lagoon's habitut IInd water quality. The subproject for Slate Fiscal Year 2005-2000 will include 2000
Seagrass Mapping. This phase of monitoring will include: a 5 year assessment of the extent of seagrass based on Ii
comparison between 2001 and 2006 aerial photography and is one the most critical aspects of the monitoring p"ogram,
Aerial photographs (scale I: I 0,000) will be taken in summer 2000 and will be IInuly:ted using the same methodology as for the
2001 photos. Groundtruthing will be conducted throughout the study area 10 improve the confidence level. Maps will be
generated and evaluated for changes in seagrass coverage with particular emphasis on the areas in proximity to capital
restoration projects that have been completed or are in the plwming stages.
Deliverables: Photographs and maps of seagrass and other submerged aquatic vcgetation. Spreadsheet and graphs comparing
coverage by subregions and change over time. Written analysis of the resulls with recommendations for management of the
lagool1.
Project Start: June 2006
Project Completion: Scptember 200S
4. Gnnt Administration
Administrative functions provided by ('ounty staff for the Lake Worth Lagoon Restoration and Enhancement Projects include
the following:
. Preparation and administration of sub grants associated wilh individual projccts:
. Site inspections to U'ack compliiJnce with the terms of subgrantees contraclS;
. Review of subgralllees invoices. progress reports and site inspection reports. consistent with individual contracts am.I
Scopes of Services:
. Preparation of rtports submiucu to the Department on project status anll funding; and
. Preparation of project modifications to the Scope of Services as may he appropriate and coordination of contract
modifications with the Departmcnt and subgrantees.
Project Start: March 200Cl
Projecl Completion: September 200S
IV. PROJECT MILESTONES:
(i.e. limelines. cOlllracts, if funded In prior year(s) where is the project now)
If the scope of work inclulles construction:
Estimate:d ('onslruction slart date: MiJY 2006
Estimaled scope of work completion date:: March 3 J. 21109
V. LOCAL MATCH & OTHER GRANT FUNDS:
If local maleh is required, Iistlhc l\ourecs anu amounts. Also list the sourccs anu Ilmounts for !lny other grant funds being
used to fund this p-ojecl.
SOURCE AMOUNTf$)
Palm Beach ('.Quilty Ou Tax ResclVes-District 2 (W cSh!.ate/Bclvcderc (,RA). $292.000
Palm Beaeh County DeveloDmcnt Block Orant (Wcstaatc/Bclvedcrc eRA). $250,000
(,ity of West Palm Beach SlOrmwillCr Bond 5800,000
In-Kind (Lake Worth LlU!.oon Moni1orinl!1 531,000
Au- Valorem -( Grant Administralion) 531,052
· Weslgale/Belvedere Homcs Community Redcvelopment Agcncy project is O\crmatchcu.
ATTACHMENT B
Disbursement Request Package
Legislative Projects (LP) Grants
1. Grantee/Recipient PALM BEACH COUNTY
2. Project Number LP6046 Date of Request
3. Disbursement Request Number RequIred Match %
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4, Type of Request: Pal1iul 0 Final 0
5, Federal Employer Idcntiflcation Number
6. Mail 0 EFT 0 Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nClIrest dollar)
I. Plannilli& (attach invoices) $
2. Engineerina:: (attach invoices)
3, Construction and Demolition (uttach invoices)
4. Technical Services during Construction (attach invoices)
5. Other (list - must be specified in ugreement)
6. Total cumulative to date $
7. Disbursements previously requested $( )
8. Amount requested for disbursement (lme 6 minus line 7) $
Requests for IDvoi~es already Paid: Requests t'or Invoi~es not yet Paid:
1) Copy of invoice 1) Copy of invoice
2) Proof of Payment 2) Advance Payment Justineation (one per quarter)
3) Advance Payment - Interest Earned (after initial advance)
* if prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the
prior payment will be required before this request cau be disbursed.
** SUBMIT ONE ORiGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENTATION TO: **
Florida Department of Environmental Protection
Uureau of Water Facilities Funding MS 3505
2600 Blair Stone Road
Tallabassee, Flurida 32399-2400
D EP Agreement No. LP6046, Attachment B, Page I of 3
Grant Manager's Certification
of Disbursen]cnt Request
J.
,
(mime of Grantec's Grlll1t Manager dcsignated in the Agrcement)
on behalf of , do hereby ce~ify that:
(name of Grantee/Recipient)
I. The disbursement amount requesll:d on Page 1 of this form is for allowable costs for the project described in the
Agreement.
2. Materials, labor, equipment, and/or services representing costs includcd in the amount requestcd havc been
satisfactorily purchased, performed or received, and applied toward conlpletini the project; such costs are
documented by invoices or other appropriate documentation which ore tilt:d in the Grantee's pcrmanent records.
3. The Grantee is required to pay such costs under the tenns and provisions of contracts relating directly to the project,
and the Grantee is not in default orany terms or provisions of the contracts.
4. All funds received to date have bt:t:n applied toward completing the projcct.
5. All permits and approvals requircd for the construction which is underway have been obtained.
( Si1\lulture of Grant Manager)
(Datc)
DEP Agreement No, LP6046, Attachmcnt a, Page 2 of 3
Engineer's Certification
of Disbursement Request
I, , bemg the Professional Engineer retained by
(name of ProfessIOnal Engineer)
, am responsible for overseeing construction of the
(name of Grantee/Recipient)
project described in the Agreement and do hereby ce11ify that:
I. Equipment. materials. labor, and r.ervieeli represented by the cOlllitruetion invoices hllve been satistactonly purchllsed
or received llnd applied to the project in accordance witlloconstruetion contract documents tiled with and previously
approved by the Department of EllvironmenUiI Protection;
2. PlIymcnt is in llccordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compliance with construction requircmcnts and
Florida Administrative Code Rule 62-600 or Rule 62-604, as appropriate;
4. Construction up to the point of this disbursement is in compliance with the contract documents;
5, All ehunges, additions. or deletions to the construction contract(s) have been documented by change order and all
chllnge orders have been submitted to the Department; and
6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose
(since issue of the pertinent Department permit) have been identified in wnting to the Department or arc identified
and attached hereto.
Signi1ture of Professional Engineer
FlTln or Affiliation
(Date) (P.E. Number)
DEP Agreement No. LP6046, Attachment B, Page 3 of 3
ATTACHMENT C
PROGRESS REPORT FORM
DEP Ae.reement No.: LP6046
Grantee Name: PALM BEACH COUNTY
Grantee Address:
Grantee's Grant Manal!er: I Telephone No.: I
Ouarterly Reportine Period:
Proiect Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
Provide an update on the estimated time for completion of the project and an explanation for
any antic1pated delays.
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
DEP At,'reement No. LP6046. Attachment C. Page I of2
(continued from page'l) \
I
\
I
i
Identify below, and attach copies of, any relevant work. products beina submitted for the
project for this reporting period (e.g., report data sets, linloi to on-line photographs, etc.)
I
\
I
I
I
I
I
I
Provide a project budaet update, com l>>arlna the project budaet to actual costs to date.
I Expenditures
Prior to this Expenditures
Total Project Reporting this Reporting Project Funding
Budeet Cateeorv Budeet Period Period Balance
-
This report is submitted ina~~ordance with the reporting requirements of DEP Agreement No.
LP6046 and accurately retlects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager Date
DEP Agreement No. LP6046, Attachment C, Page 2 of 2
A'IT ACHMENT D
SPECIAL AUDIT REQUIREMENTS
The administration of resow'ces awarded by the Department of EnviromncntaI Protection (which may be l'ejC>l'red to
cu' thl! "Departm(mt", "DEP". "FDJ::P" or "Ora"tor", or other "ame ill thc c.:ontruct!ngreemellt) to the recipient
(which 1nllY bl! referred to liS the "Co"tractor", Omntc,'" or other nWlle in the c.:olltl'act!clgreementj may be subject
to audits and/or monitoring by the Department of Enviromllental Protection, as described in this attachment.
MONITORlNG
III addition to reviews of audits conducted in accordance with OMB CiJ:cular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include. but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OM13 Circular A-I33, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection detennines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
iny additional instructions provided by the Department to the recipient regarding such audit. The recipient fw1hel'
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
P ART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local goverWllent or a non-profit or~zation as defined in OMB
CircullU' A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-l33, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of EnviroIUllCntal Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Envirowllcntal Protection. The determination of amounts of Federal awards expended
should be in accordanCe with the guidelines established by OMB Circular A-l33, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3, as
revised. will meet the requirements of this part.
2. In cOWlection with the audit requirements addressed in Part 1, paragraph I., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fIScal year. an audit conducted in
accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from nOll-Federal n:sow'ces (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access inlonuation regarding .the Catalog of Federal Domestic Assistance (CFDA) via
the internet at hUIl:!/1 2.-&6.245. I 73/cfua!cfda.html.
PART ll: STATE FUNDED
TIlls part is applicable if the recipient is a nOlllitate entity as detined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of Stale tinancial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
DEP Agreement No. LP6046, Attachment 0, Page I of 5
Office of the Governor anCl _.; Chief Financial Officer; and Chapters 10.5) ,tocal governmental entities)
or 10.650 (nonprofit and for-protit organizations), Rules of the Auditor General. EXHIBIT I to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State tinancial assistance, including State financial assistance received
from the Department of Environmental Protectiun, other state agencies, and other nonstate cntitics. State
financial assistance does not include Federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In cowlection with the audit requirements addressed in Part U, paragraph I, the recipient shall en.sw'e that
the audit complies with the requirements of Section 2]5.97(7), Florida Statutes, This includes submission of
a fmancial reporting package as defmed by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the l'ecipient expends less than $500,000 in State financial assistance in its flScal year, an audit conducted
in accordance with the Pl'ovisions of Section 215 :97, Florida. Statutes, is not required. In the event that the
recipient expends less than $500,000 in State linancial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at htLp:l/stah:.n.us/fsaalc.ilulo~ or the Governor's
Office of Policy and Budget website located at
h up :llwww .m\' 11orida.com/mvflor ida/ llovernmelll /conlac 1:>/ onb( ) Ifll::c.htm I for assistance. In addition to the
above websites. the following websites may be accessed for information: LegislatW'c's Website
hUp:/ /www .Ic\:,slatc. n ,us/, Governor's W ebsit~ hI tp:/ IWWW.lllVllorida.com/, Department of Financial
Services' Website IlllP:!/www .dbf.srate. n .IIS! and the Auditor General's Website
htlp:llwww .stale. n.us/audl.!.l.:ll,
PART 1lI: OTHER AUDIT REQUIREMENTS
(NOTE: This part wouhl be IIsc:dlo sf1C'c!fJ' allY (ll!ditic)/wl audit requirements imposed by the State awarding entity
th(a are :wLely Cl matter of that Stelle {/warllillg entity '.\' policy (i.e., the amlit is 1I0t required by Federal or Stelle hIll'S
(md is not ill conflict with othc:r F('(leral or State audit requiremenTS). Pursuant to Section 215.97 (7}(m), FLorida
SWtutes. State agencies ilia)' conduct or al'/'(l/lge for audit.\' of StClte.finu/lL'ial us's'is.tance that arc: il/ addition to audits
conducted ill accoNla/lce with Sectioll 215. c)7, Florida Statutc:s. In S/lel1 (III evellt, the Slate awarding agency must
armnge .!ur./imdillg the Jull cost ofsueh additionulllUliits.)
PART IV: REPORT SUBMISSION
1. Copies ofrepOlling packages for audits conduc~d in accordance with OMB Circular A-D3, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Cu:cular A-133, as reVised. by or on behalf of the recipient direclly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Envu'onmental Protection
Oftice of Ihe Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-24UO
B, The Federal Audit Clearinghouse desig.nated in OMU Circular A-133, as revised (the number of
copies required by Sections .320 (d)( I) and (2), OMB Circular A-133, as revised, should be
submitted to the FeJeral Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau uf the Census
DEP Agreement No. LP6046, Attllchmcnl D, Pllge 2 of 5
1201 Ea. )th Street
,Jetll:rsonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (1),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(1). OMB Cu'cular A-133, as revised, the recipient shall submit a copy of the
repoltulg package described in Section .320(c), OMB Circular A-I33, aa revised, and any management
letters issued by the auditor, to the Department of EnvirolUIlCntal Protection the following address:
Audit Director
Florida Department of EnviroJlll1elltal Protection
Office of the Inspector General. MS 40
2600 Blair Stone Road
Tallahassee. Florida 32399-2400
3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or 011
behalf of the recipient directly to each of the following:
A. The Department of Enviromnental Proll:ction at the following address:
Audit Director
Florida Department of EnvirolUllcnwl Protection
Office of the Inspector General. MS 40
2600 BllJir Stone Road
Tallahassl.:t::, Florida 32399-2400
B. The Auditor Gent::ral's Office at the following address:
State of florida Auditor General
Room 401, Claude Pepper Buildulg
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports Or management letters required by PART 111 of this Attachment shall be submined by or
on behalf of the recipient directly to the Department of EnvirOJul1cntal Protection at the following address:
Audit Director
Florida Department of EnvirolUllental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required. to be submitted to the Department of
Environmental Protection pursuant to this Agrc~111eJ1t shall be submitted tiDlely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local govenunental entities) or 10.650 (nonprofit and
tor-profit organizations), Rules of th.e Auditor General. as applicable.
'~.,
6. Recipients, when SUbmittUlg J'inancial reporting packages to tlll: Department of EnvirolUllental Protection
tor audits done in accordallc~ with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and tor-protit organizations), Rules of the Auditor General, should indicate the date
that the reporting packag~ was delivered to the 'recipient in correspondence accompanying the reporting
package.
DEP Agreement No. LP6046, Attachment D, Page 3 of 5
PART V: RECORD RETENTIO.
The recipient shall retain sufficient records demonsu'ating its compliance with the tenus of this Agreement for a
period of 5 years fro111 the date th~ audit report is is~ued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection.
or its designee, Chief Financial Offic~r, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, wl.less extended in writing by the D~partment of Environmental Protection.
REMAINDER OF PAGE INTENTlONALL Y LEFT BLANK
DEP Ab'1'eement No. LP6046, Attachment D, Page 4 of 5
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ATTACHMENT E
ADV ANCE PAYMENT - INTEREST EARNED MEMORANDUM
WHEN REPORTING OR REMITTING, PLEASE RETURN A COpy OF TWS REQUEST
TO:
FROM: Darinda McLaughlin, Finance and Accounting Director
Bureau of Finance and Accounting, MS 78
DATE:
SUBJECT: Advance Payment - Contract No.
Interest Due to DEP:
Pursuant to Section 216.181 (16), Florida Statutes, advance paymen,ts may be required to be deposited i.nto an interest bearing accowlt
until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due,
advance approval of the Chief Financial Officer, and the tem1S of the above referenced contrllCt, the following information is needed
for our records no later than
lnitial advance funding disbursed $
.-------...--
1. Advanced funds principle expended or returned by conll'ilctOI' coverin~ period of
to ~----
2, Balance advance funding principle available L___
3. Interest earned on advanced funds covering period of to $
---"-~----
4. Amount of interest paid to DEP as of $
5. Interest balance due to DEP as of $
----~- -_.~--_.._- ~"
- - - -----.. --. - --~ -_.----- ~ --.
(projcct Manl1gcr's Signature) (Date)
Speciallnstructions: If the grant/contract spccilies that any accrUt:d interest, which is based upon a grant/contract advance payment(s),
will not be paid to DEP until after termination of the grant/contract, the advance fWld recipient shall complete rep0l1 items 1 and 2
only for the rust three quarters of the state's tiscal year. The report for the state's fourth fiscal year quarter shall include itelUS I, 2, 3,
4, md 5. Items 3,4, lUld 5 will be the life to date interest
If the contract states that no interest is due, quarterly reports ofwlexpendt:d advam:t:s are required, lincs 1 and 2.
III all cases the line 1 and 2 reported amoWlts are on a cash basis for the advance payment principle. Do not include receivables,
payables; or interest previously paid to DEP.
If the grant/contract requires quarterly accrucu interest payments to DEP, the fund recipient must complete items 1 through 5 for each
quarterly report.
Payments of interest due to DEP shall be paid within the specifications of the conlractJgrant.
Thank you for yow' cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452
in the Contracts Disbursement Section.
DEP Agreement No. LP6046, Attachment E, Page I of 1
A lTACHMENT F
ADVANCE PAYMENT JUSTIFICATON FORM
Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance
requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida
Statutes, ~nd meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of
,Is form IS waived. Ho~ever, the purchase requisition or contract review form must clearly Identify the crlteria being met
.JOder 215.422(14), Florida Statutes that allows the advance to be made \yithout prior Comptroller approval.
Name/Address of the Vendor/Recipient:
Contact Person/Phone No.:
Agreement No./Purchase Order No. (If known): LP6046
Commodities/Services/Project Descrlption:
(i.e. local oov't Organizational Structure
non-oroflt comoration etc. \
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover: R 90 days startup T B Full contractf:)~riod
Ouarterlv Other (sneeif :
Indicate Statutory Authority: 0215.422, F.S I 0 216.181, F.S.
GAA Year and Une Item Info: SFY: I I Line Item: I
1. Rea.on advance payment i. required:
2, The following Information required for .dv.nc.. requ..ted pu...u.nt to 215.422, Florid. Sgtu_
(and the Comptroller'. Voucher ProQtllalng Handbook) which exceed the purch..lng thr..hold of
cateaorv two as defined In 287,017 Florida Statues.
A. Document, if applicable, the cost savings to be Incurred as a result of an advance payment that are equal or
greater than the amount the State would earn by Investing the funds and paying in arrears. Include the percent
(%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by
the State, Information may be obtained from the Department of Insurance, Division of Treasury at 850/413-2776
or SunCom 293-2776 regarding the current Treasury earnings rate.
B. Document, if applicable, how the goods or services are essential to the operation of the Department and why
they are available only if advance payment is made:
DEP 55-222 (03-04)
DEP Agreeulent No. LP6046, Attacluuent F
ATTAl'lIMENT F
C. Identify the procurement method used to select the vendor, I
I
I
I
I
I
3. The following Information required for advances to Governmental Entltl.. and Non-Profits pursuant
to :U6.181, IIlorlda Statut... (Limited to GAA Authorlzacl, Statutorily Authorized, and Grant. Aid
Appropriation Cateaorles 05XXXX or 14XXXXl
A. The entity acknowledges the requirement to invest advance funds in an mterest bearing account and to remit
interest earned to the Department on a quarterly basis.
Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the
advanced funds:
Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP
Agreement (or Contract) No., and 3) be forwarded to the following address:
Flonda Department of Environmental Protection
Bureau of Finance and Accounting
Receipts Section
P.Q, Box 3070
Tallahassee, Florida 32315-3070
B. A letter requesting advance payment from the recipient. on its letterhead, must be attached.
:
DEP 55-222 (03-02)
DEP Agret:ment No. LP6046. Atladullent F
,
AITACHMENT F
3. The recipient must provide an estimated budget for each quarter covered by the agreement. The
summary Information should Include salaries, fringe benefits, overhead, contracts (specify services to
be contracted out), equipment, if authorized (specify Item5 to be purchased), supplies, travel, and
other costs.
A sample summary format is provided below. The summary should include the breakdown for each quarter of the
agreement period.
Description First Quarter Second Third Quarter Fourth Quarter
Quarter
Salaries
(ldentlfv oersonnelltitles)
Frinae Benefits
Contractual Services
(list services and estimated
costs)
Equipment
(identify each item and cost)
SuoDlies
Travel
Other (soecifv)
Overhead/Indirect
Total:
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection in support of our
request for advance payment. I certify that the Information provided accurately reflects the financial
Issues facing the entity at this time.
By:
Type Name of Signatory: Date
Title: Chief Financial Officer or deslonee
OEP Proaram Area Review/Approval
Recommendation: o Approve Requelit o Deny Requ_t
By:
Type Name of Signatory: Date
Title: Bureau: Division:
The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The
Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review
and leaislature consultation as approoriate.
Bureau of Finance & Accounting Use Only
DEP 55-222 (03-02)
DEP Agreement No. LP604b, Attachment F
PAYMENT REQUEST SUMMARY FORM FOR INTERLOCAL AGREEMENT
GRANTEE: GRANTEE'S GRANT MANAGER:
CO. AGREEMENT NO.: R ~._- PA YMENT REQUEST NUMBER:
.--------.--.---
DA TE OF REQlJEST: })ERFORMANCE
PERIOD:
AMOUNT MATCHING
REQUESTED:$ REQUIRED $:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant tlu'ough End-of-Grant Period]
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULA TIVE FUNDS CUMULA TIVE
PAYMENTS MATCHING
(including this FUNDS
request) (including this
request)
Salaries N/A N/A $ $ I
Fringe Benefits N/A N/A $ $ ---1
Travel (if authorized) N/A N/A $ $ I
Subcontracting: ! I
------1
Planning N/A N/A $ $ I
Design i/ N/A N/A $ $ i
Construction $ $ $ $ I
:/
Construction Related Costs $ $ $ $ ~
Equipment Purchases $ $ $ $ I
._---" I
Supplies/Other Expenses $ $ S s
----1
Land N/A ' ~/A 1\"/A N/A
Overhead N/A N/A $ ------,-'- --------j
$ i
TOTAL REQUESTED $ $ $ $ ,
I
I
I
TOTAL GRANT AGREEMENT ,
Less Total Cumulative Payments of: , i
TOTAL REMAINING IN GRANT i
~_.._-_.-..__._--_.-
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above was for Items that were
charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
Interlocal Agreement, Exhibit C
PROGRESS REPORT FORM
Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: I Telephone No.: I
Quarterlv Reportin2 Period:
Pro.iect Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
Provide an update on the estimated time for completion of the project and an explanation for
any anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
Interlocal Agreement, Exhibit C
I (continued from page 1)
i
I
I
I I
I
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) I
!
~
Provide a project budget update, com flaring the project budget to actual costs to date.
Expenditures
I Prior to this Expenditures
Total Project Reporting this Reporting Project Funding i
Bud2et Category Bud2et Period Period Balance
I
!
~
..,
I
i
.--.,
-_.---
-
This report is submItted in accordance with the reporting requirements of LlFf' i\grccmen\ :\0. L!'()04() ,!Ill! accuratel\' rellects the aclivI\JC,
and costs associated with the subject proJect.
Signature of Grantee's Grant Manager Date
lnterlocal Agreement, Exhibit C
Grant Manager's Certification
of Disbursement Request
I, ,
(name of Grantee's Grant Manager designated in the Agreement)
on behalf of , do hereby certify that:
(name of Grantee/Recipient)
1. The disbursement amount requested on Page I of this fonn is for allowable costs for the proj ect described in the
Agreement.
2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been
satisfactorily purchased, performed or received, and applied toward completing the project; such costs are
documented by invoices or other appropriate documentation which are filed in the Grantee's pelmanent records.
3. The Grantee is required to pay such costs under the tel111S and provisions of contracts relating directly to the project,
and the Grantee is not in default of any terms or provisions of the contracts.
4. All funds received to date have been applied toward completing the project.
5. All permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
lnterlocal Agreement, Exhibit D
Engineer's Certification
of Disbursement Request
I, , belllg the Professional Engineer retained by
(name of Professional Engmeer)
,am responsible for overseeing construction of the
(name of Grantee/Recipient)
project described in the Agreement and do hereby cel1ify that:
I. Equipment, matenals, labor, and services represented by the construction mvoices have been satisfactorily purchased
or received and applied to the project in accordance with construction contract documents filed with and previoush
approved by the Department of Environmental Protection;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compl1ancc with eonstructlOn requlrements and
Florida Administrative Code Rule 62-600 or Rule 62-604, as appropriate;
4. Construction up to the point of this disbursement is in compliance with the contract documents;
5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all
change orders have been submitted to the Department; and
6. All additions or deletlOns to the Project which have altered the Project's perfomlanee standards, scope, or purpose
(since issue of the pe11inent Depm1ment pennit) have been identified in writing to the Depm1ment or are ldentlfied
and attached hereto.
Signmun: of Professional Engineer
Fillll or Affiliation
(Date) (P.E Number)
lnterlocal Agreement, Exhibit E
PROJECT BENEFITS
FOR STORMWATER RETROFIT PROJECTS
Grantee shall be responsible for demonstrating the projects benefit(s) and the estimated pollutant load reduction to the Lake
Worth Lagoon, or one of its tributaries, using one of the following methods:
Method 1 ** (reconunended)
Grantee shall submit a report on the pollutant loading reduction estimate, which includes the following information, with
the final project report:
~ drainage area of the project;
~ arumal average rainfall/number of events per year;
~ pollutant loading estimates based on land use for pollutant parameters of concelll (include documentation
and source of pollutant loading estimates information);
~ treatment efficiency of the constructed stormwater BMP for the pollutant parameters of concelll (include
documentation and source oftt'eatment efficiency infonnation);
~ pollutant loading reduction calculations in pounds per year for each parameter of concelll on a pre vs.
post basis; and
~ narrative sUl11l11arizing the methodology used to determine pollutant load reductions with conclusions
regarding the projects benefit(s) to the Lake WOlih Lagoon.
OR
Method 2
1. Grantee shall submit a draft monitoring plan to ERM for preconstmction and post
consttuction water quality monitoring of the surface water/stormwater discharge from the project site. The draft plan shall
be submitted within 30 days of execution of the lnterlocal Agreement and shall include:
~ number of sampling events;
~ location map of sampling point( s) to be used;
~ method of sample collection (grab or composite);
~ conditions under which sampling shall be conducted; for example, necessary amount ofrain, timing of
sampling based on drainage area (time of concentration);
~ water quality parameters to be analyzed;
~ Quality assurance/quality control aspects of monitoring plan; and
~ name oflaboratory(ies) conducting the sampling and analyses.
2. Grantee must insure that the monitoring plan is approved by ERM 30 days prior to implementation.
3. Grantee shall implement the plan and submit the results with the final project report. The results shall include:
~ copies of sample results for each sampling event in a tabular format;
~ calculations of discharge volume based on rainfall amount, drainage area, mnoff coefficients, soil
storage, etc., for each sampling event;
~ pollutant loading reduction calculations in pounds per year for each parameter of concern on a pre vs.
post basis; and
~ nanative summarizing the methodology used to detemrine pollutant load reductions with conclusions
regarding the projects benefit(s) to the Lake Worth Lagoon.
Interlocal Agreement, Exhibit F
FOR HABITAT RESTORATION PROJECTS
Grantee shall be responsible for demonstrating the projects benefit(s) by providing the following information, as
applicable:
'r Total acres of habitat enhanced or created;
" Total acres of each type of habitat enhanced or created by type;
" Total acres of scrapedown area and or filled area;
" Types and numbers of plants used:
r Types, volume and acreage of stabilization material used; and
r Types, volume and acreage of artificial reef material used (per each deployment).
The following information shall be provided as a part of the fmal report. including a written summary, photographs.
graphs, charts. and tables as appropriate:
1) Site conditions prior to deployment;
2) Site conditions inm1ediately after project completion (baseline report); and
3) Site conditions within one (1) year of project completion (or end of contTact period);
lnterlocal Agreement, Exhibit F
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
n
Requested City Date Final Form Must be Requested City Date Final Form~st tQ'e =i
Commission Meeting Turned in to City Clerk's Commission Meetin9 Turned in to Cit(:Qlerk~-<
Dates Office Dates Office Z -<0
-~ .:") .."
:::0 ;-00
o December 18, 2007 December 3,2007 (Noon) o February 19,2008 ~ rrl0
February 4, 2008 ( n) ::0-<
:)1;:%
o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19, 2008 (ijion)~: 6
N ~---
o March 18, 2008 ."CD
o January 15, 2008 December 31, 2007 (Noon) March 3, 2008 (NO~ -iT1
nj;>
.:::- iT1{"")
o February 5, 2008 January 14, 2008 (Noon) [gI April 1, 2008 March 17,2008 (Noon) ::c
0 An nou ncements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda 0 Legal
0 Code Compliance & Legal 0
Settlements Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Staff recommends Commission approval of Resolution R08-_ authorizing the
purchase of vacant property owned by Thomas & Michele Green, Sr., located at 133 N. W. 10th A venue
for the price of $92,000.00.
EXPLANATION: The acquisition of this property is essential to the implementation of the Heart of
Boynton project.
PROGRAM IMPACT: The continuance of Heart of Boynton property acquisition.
FISCAL IMPACT: Purchasing this particular property at this time is very cost effective as it does not
trigger any Uniform Relocation Rules or demolition. The cost of $92,000 is available through CRALLS
funding, which is to be used for affordable housing efforts, which is the basis of the Heart of Boynton
project .
ALTERNATIVES: Purchase at a later date could prove to be more costly due to rising property values and
possible relocation regulations. d~
~
City Manager's Signature
Department of Development AS~O City Manager ~
Community Improvement Division -~- /~
Department Name City AttorAey / Finance
S:\Community Improvement\Agenda Requests\2008\CC040 1 PurchaseGreenLot.doc
I
I
2 RESOLUTION NO. R08-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE ACQUISITION OF
6 PROPERTY FOR THE HEART OF BOYNTON PROJECT
7 FROM TOMMIE LEE GREEN, SR., AND MICHELE
8 WILLIAMS GREEN AND AUTHORIZES THE MAYOR
9 TO EXECUTE ALL NECESSARY DOCUMENTS AND
10 PROVIDING AN EFFECTIVE DATE.
II
12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be
13 in the best interests of the citizens and residents of the City to accept the contract to acquire
14 property located at 133 N.W. loth Avenue, Boynton Beach, owned by Tommie Lee Green, Sf.,
15 and Michele Williams Green, for the amount of $92,000.00, as part of the development of the
16 Heart of Boynton.
t7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 01
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
22 Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby
I~ authorize the acquisition of property from Tommie Lee Green, Sr., and Michele Williams
~.J
24 Green in the amount of $92,000.00, for the development of the Heart of Boynton Project and
25 authorizes the Mayor to execute all necessary documents.
26 Section 3. This Resolution shall become effective immediately upon passage.
S\CA\RESO\Real Estate\Purchase from Green - HOB Project-doc
rr
I PASSED AND ADOPTED this _ day of April, 2008.
2
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
II
12 Vice Mayor - Jose Rodriguez
13
14
IS
16 Commissioner - Ronald Weiland
17
18
19
20 Commissioner - Woodrow L. Hay
21
22
23
24 Commissioner - Marlene Ross
25 Attest:
26
27
28
29 Janet M. Prainito, CMC
30 City Clerk
31
32
33 (Corporate Seal)
34
S\CA\RESO\Real Estate\Purchase from Green. HOB Project doc
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT ("Agreement") is made and entered into this _ day of March, 2008
by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter referred
to as "PURCHASER") and Tommie Lee Green, Sr. a/kla Tommie Green and Michele Green,
husband and wife (hereinafter collectively referred to as "SELLER").
WITNESSETH
In consideration of the mutual agreements and upon and subject to the terms and conditions
herein contained, the parties hereto agree as follows:
1. DEFINITIONS.
The following terms when used in this Agreement for Purchase and Sale shall have the
following meanings:
1.1 Property . That certain real property located at 133 NW lOth Avenue,
Boynton Beach, Florida 33435 together with a building thereon and attached personal property
(collectively the "Property) which Property is more particularly described as follows:
Lot 25. Block I of FRANK WEBBER ADDITION, according to the plat
thereof, as recorded in Plat Book 9. Page 3 of the Public Records of Palm
Beach County. Florida.
1.2 Closing. The delivery of a General Warranty Deed to PURCHASER
concurrently with the delivery of the purchase price and other cash consideration to SELLER.
1.3 Closing Date. The Closing Date shall occur on or before forty five (45)
days from the Effective Date.
1.4 Deed. A General Warranty Deed, in its statutory form, which shall convej
the Property from SELLER to PURCHASER.
1.5 Earnest Monev. The sum of One Thousand and 00/1 00 ($1,000.00) Dollars
has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein.
1.6 Effective Date. The Effective Date of this Agreement shall be the date upon
its execution by all parties to this Agreement: SELLER, PURCHASER and the Escrow Agent.
1.7 SELLER'S Address. Seller's mailing address is 142 NE 6th Avenue.
Boynton Beach, Florida 33435.
Page 1
1.8 PURCHASER'S Address. Purchaser's mailing address is 100 E Boynton
Beach Boulevard, Boynton Beach, Florida 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A.,
Attn: Donald J. Doody, Esq., at 3099 East Commercial Boulevard, Suite 200, Florida 33308.
1.9 Other Definitions. The terms defined in any part of this Agreement shall
have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the
singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each
gender shall be deemed to comprehend either or both of the other genders. As used in this
Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to
any specific section or subsection.
2. PURCHASE PRICE.
Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously
identified in Section 1.1 herein for the total Purchase Price of Ninety Two Hundred Thousand and
00/1 00 ($92,000.00) Dollars and upon and subject to the terms and conditions hereinafter set forth.
2.1 Earnest Money. Concurrently with the execution of this Agreement,
PURCHASER shall deposit One Thousand ($1,000.00) Dollars ("Earnest Money") and cause to be
placed in an escrow account maintained by Goren, Cherof, Doody & Ezrol, P.A. (the "Escrow
Agent").
Purchaser's obligation to close the transaction in accordance with provisions of this
Agreement is contingent upon the SELLER'S ability to deliver good and marketable title for the
Property in accordance herewith. Should the SELLER default hereunder, the PURCHASER shall be
entitled to an immediate refund of the entire sum of the Earnest Money held by the Escrow Agent. At
Closing, a copy of the closing statement signed by both parties hereto shall be conclusive evidence of
the SELLER'S right to receive the Earnest Money deposit.
2.2 Balance of Purchase Price. PURCHASER shall pay the balance of the
Purchase Price to SELLER at Closing pursuant to the terms of this Agreement by wire transfer or
readily negotiable funds to an account identified in writing by SELLER.
3. INSPECTIONS.
PURCHASER shall have thirty (30) days commencing on the Effective Date to perform
inspections of the Property as the PURCHASER deems necessary (the "Inspection Period"). During
the Inspection Period, PURCHASER shall, at its sole cost and expense, determine that utility services
Page 2
including, water, waste water, electric, telephone and all other utilities are available in the proper size
and capacity to serve the existing facilities and installed to the property lines. This Agreement is
contingent upon PURCHASER at its sole cost and expense, obtaining and accepting a satisfactory
Phase I Environmental Audit, and if deemed necessary at its discretion, a Phase II Environmental
Audit for which it will be granted an additional sixty (60) days for inspections. At all times during the
Inspection Period, PURCHASER and its agents shall be provided with reasonable access during
normal business hours to the Property for purposes of on-site inspection, upon reasonable prior
Notice to SELLER. The scope of the inspection contemplated herein shall be determined by the
PURCHASER as deemed appropriate under the circumstances. In the event that any inspections and
any review of documents conducted by the PURCHASER relative to the Property during this
Inspection period prove unsatisfactory in any fashion, the PURCHASER at its sole discretion, shall
be entitled to terminate this Agreement prior to the end of the Inspection Period and PURCHASER
also agrees to indemnifY and hold SELLER harmless from any losses, claims, costs, and expenses.
including reasonable attorney's fees, which may result from or be connected with any acts or
omissions of PURCHASER during inspections that are done pursuant hereto. PURCHASER will
provide written notice by mail or facsimile to SELLER and/or SELLER'S counsel and receive an
immediate refund of all Earnest Money deposits plus interest paid hereto in the event the
PURCHASER determines that the Property is unsuitable during the Inspection Period or proceed to
Closing as set forth herein.
4. SELLER'S REPRESENTATIONS.
To induce PURCHASER to enter into this Agreement, SELLER makes the following
representations, all of which, to the best of SELLER's knowledge, in all material respects and except
as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the
Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In
that event, PURCHASER shall be provided immediate notice as to the change to the following
representati ons:
4.1 At all times from the Effective Date until prior to Closing, SELLER shall
keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indemnifY, defend and hold PURCHASER harmless from
and against all expense and liability in connection therewith (including, without limitation, court
costs and reasonable attorney's fees).
Page 3
4.2 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by
any organization, person, individual or governmental agency which would affect (as to any threatened
litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of
the Property or any part thereof or which would otherwise relate to the Land.
4.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform SELLER's obligations hereunder in this Agreement. SELLER does not and will
not conflict with or result in the breach of any condition or provision, or constitute a default under, or
result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or
assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement,
indenture, instrument or judgment to which the SELLER is a party of which is or purports to be
binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal
or other governmental department, commission, board, bureau or instrumentality is necessary to make
this Agreement a valid instrument binding upon the SELLER in accordance with its terms.
4.4 SELLER represents that SELLER will not, between the date of this
Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not
be unreasonably withheld or delayed, except in the ordinary course of business, create by her consent
any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall
mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases,
easements, covenants, conditions or restrictions. Additionally, SELLER represents that she will not,
between the date of this Agreement, and the Closing take any action to terminate or materially,
amend or alter any existing leases presently in existence, without the prior consent of PURCHASER,
which consent shall not be unreasonably withheld or delayed.
4.5 SELLER represents that there are no parties other than SELLER in
possession of the Property or any portion of the Property as a lessee.
4.6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to
maintain the Property in its present condition so as to ensure that it shall remain substantially in the
same condition from the conclusion of the Inspection Period to the Closing Date.
5. EVIDENCE OF TITLE.
5.! Title to the Property. SELLER shall convey to PURCHASER at Closing, by
delivery of a General Warranty Deed, title to the subject Property. PURCHASER shall, within ten
Page 4
(10) days of the commencement of the Inspection Period, secure a title insurance commitment issued
by a title insurance underwriter approved and selected by PURCHASER for the Property insuring
PURCHASER'S title to the Property subject only to those exceptions set forth in the commitment.
The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall
be borne by the PURCHASER.
PURCHASER shall have five (5) days from the date of receiving said commitment
to examine the title commitment. If PURCHASER objects to any exception to title as shown in the
title commitment, PURCHASER within five (5) days of expiration of the Inspection Period shall
notifY SELLER in writing specifYing the specific exceptiones) to which it objects. Any objection(s)
of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured
by SELLER so as to enable the removal of said objection(s) from the title commitment within ten
(10) days after PURCHASER has provided notice to SELLER. Within five (5) days after the
expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in
writing (a "cure notice") stating either (1) that the objection has been cured and in such case
enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to
cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time
period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by
written notice to the SELLER within five (5) days after receipt of a cure notice specifYing an uncured
objection, in which event all instruments and monies held by the Escrow Agent shall be immediately
returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the
transaction contemplated herein despite the uncured objection.
5.2. Survey and Legal Description. Within ten (10) days of the commencement of
the Inspection Period, PURCHASER at its own expense shall order: (i) a survey prepared by a
registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the
land, and the location of any easements thereon and certifYing the number of acres (to the nearest one
thousandth acre) of land contained in the Property, all buildings, improvements and encroachments:
and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER
and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of
conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed
and registered in the State of Florida and shall comply with the requirements of the survey map
established in connection with the issuance of an owner's title insurance policy on the Land. The
survey shall be certified to PURCHASER and the title insurance company issuing the title insurance.
Page 5
6. PURCHASER'S REPRESENTATIONS.
PURCHASER hereby represents and warrants to the best of its knowledge that all of the
following are true and correct:
(a) PURCHASER has full power and authority to enter into this Agreement and
to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the performance by
PURCHASER of the obligations hereunder have been duly authorized by the
pertinent governmental authorities in compliance with Chapter 166 of the Florida
Statutes, the City of Boynton Beach Charter and Code of Ordinances, as may be
required, and no further action or approval is required in order to constitute this
Agreement as a binding obligation of the PURCHASER.
(c) The execution and delivery of this Agreement and the consummation of the
transaction contemplated hereunder on the part of the PURCHASER do not and will
not violate the corporate or organizational documents of PURCHASER and will not
conflict with or result in the breach of any condition or provision, or constitute a
default under, or result in the creation or imposition of any lien, charge or
encumbrance upon any of the terms of any contract, mortgage, lien, lease,
agreement, indenture, instrument or judgment to which the PURCHASER is a party.
(d) No action by any federal, state, municipal or other governmental
department, commission, board, bureau or instrumentality is necessary to make this
Agreement a valid instrument binding upon PURCHASER in accordance with its
terms and conditions.
All of the representations, warranties and covenants of PURCHASER contained in this
Agreement or in any other document, delivered to SELLER in connection with the transaction
contemplated herein shall be true and correct in all material respects and not in default at the time of
Closing, just as though they were made at such time.
7. CONDITIONS PRECEDENT TO CLOSING.
Each of the following events or occurrences ("Conditions Precedents") shall be a condition
precedent to PURCHASER'S obligation to close this transaction:
(a) That the PURCHASER has not timely notified SELLER that is not satisfied
with the Inspection Period investigation conducted on the Property during
the Inspection Period.
Page 6
(b) SELLER has performed all covenant, agreements and obligations, and
complied with all conditions required by this Agreement to covey clear and
marketable title of the Property to PURCHASER prior to closing.
(c) Obtaining an appraisal indicating an appraised value ofthe Property equal to
or above the Purchase Price; and
(d) Approval of this Agreement by the City Commissioner of the City of
Boynton Beach on or before April 1, 2008.
8. RISK OF LOSS.
Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the
deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event any
portion of the Property is destroyed, rendered unleaseable or dysfunctional by fire or other casualty
then the following shall apply:
(a) If the damage, as determined by the insurance adjuster, is not more than
$50,000.00 dollars: (i) PURCHASER shall complete settlement and all
insurance proceeds relating to the improvements damaged by such casualty
loss shall be paid to the PURCHASER and (ii) SELLER shall assign to
PURCHASER on the date of Closing the full amount of any proceeds
payable under SELLER'S fire and extended coverage insurance policy
applicable to said damage:
(b) If the damage, as determined by the insurance adjuster, is more than
$50,000.00) dollars, PURCHASER shall have the option to (i) complete the
settlement hereunder and collect all available insurance proceeds relating to
the improvements damaged by such casualty loss, in which case SELLER
shall pay to PURCHASER on the date of Closing the full amount of any
deductible under SELLER'S fire and extended coverage insurance policy. or
(ii) terminate this Agreement and receive a refund of entire deposit and
interest. SELLER warrants that it shall maintain until the date of the
Closing adequate "All Risk" property insurance; and:
(c) In the event the Property, or any portion thereof, is condemned by any
governmental authority under its power of eminent domain or becomes the
subject of a notice of condemnation, prior to Closing, PURCHASER may
elect to terminate this Agreement, in which event the entire deposit and
Page 7
interest shall be returned to PURCHASER and neither party shall have any
further claim against the other, or PURCHASER may elect to complete
settlement hereunder, in which event SELLER shall assign to PURCHASER
all of SELLER'S right, title and interest in and to any condemnation awards,
whether pending or already paid applicable to the loss of the real property
and the improvements located thereon, and there shall be no adjustment to
the Purchase Price.
9. CLOSING DOCUMENTS.
At closing, SELLER shall deliver to PURCHASER a General Warranty Deed, Bill of Sale, if
applicable, No Lien/Gap Affidavit, Non-Foreign Certification in accordance with Section 1445 of the
Internal Revenue Code, 1099 Form and any other documents as listed as title requirements in
Schedule B-1 of the Title Commitment to assure the conveyance of good and marketable fee simple
title of the Property to the PURCHASER.
At closing, PURCHASER shall deliver to SELLER a certified copy of the resolutions,
minutes or agenda actions of the pertinent meeting of the City Commissioner showing that
PURCHASER has been authorized to enter into and execute this Agreement and consummate the
transaction herein contemplated.
10. CLOSING COSTS. TAXES AND PRORATIONS.
10.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of
closing into escrow with the Palm Beach County Revenue Collector. In the event that, following the
Closing, the actual amount of assessed real property tax on the Property for the current year is higher
than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any
amounts paid or credited based on such estimate as if paid in November. This shall survive the
Closing.
10.2 Seller's Closing: Costs. SELLER shall pay for the following items prior to or at
the time of closing:
a) Cost of providing marketable title as provided herein, and
b) Documentary Stamps on the deed as provided under Chapter 201, Florida
Statutes.
10.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items
Page 8
prior to or at the time of Closing:
a) Costs associated to appraisals, survey, environmental reports (phase I and
phase II);
b) Recording fees of the deed, and any other instrument as required to be
recorded in the Public Records;
c) Promulgated rate of the Owner's title insurance policy (normally a
Seller's charge in Palm Beach County).
11. CLOSING DATE AND PLACE.
The Closing will take place on or before forty five (45) days from the Effective Date at the
law offices of Goren, Cherof, Doody & Ezrol, P.A located at 3099 East Commercial Boulevard, Suite
200, Fort Lauderdale, Florida 33308.
12. DEFAULT.
In the event of a default by SELLER, PURCHASER shall have the election of the following
remedies, which shall include the return of the earnest money, and accrued interest as liquidated
damages or equitable relief to enforce the terms and conditions of this Agreement either through a
decree for specific performance or injunctive relief.
If the PURCHASER shall fail or refuse to consummate the transaction in accordance with
the terms and provisions of this Agreement:, all monies on deposit and interest earned on the deposit
shall be immediately forfeited to SELLER as agreed upon liquidated damages and PURCHASER
shall have no other responsibility or liability of any kind to SELLER by virtue of such default.
SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued
interest.
13. BROKER:
The parties each represent to the other that they have not dealt with any real estate broker.
real estate salesman or finder in conjunction with this transaction who is entitled to a fee or
brokerage commission in accordance with Florida law.
14. ENFORCEABILITY.
If any provision in this Agreement shall be held to be excessively broad, it shall be construed,
by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any
Page 9
provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or
unenforceable, such illegality or unenforceabiIity shall not affect any other provision of this
Agreement.
15. NOTICE.
All written notices shall be deemed effective if sent to the following places:
PURCHASER: City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attn: Octavia Sherrod
Community hnprovement Manager
With Copy to: Donald 1. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, #200
Fort Lauderdale, Florida 33308
Tel: (954) 771-4500
Fax: (954) 771-4923
SELLER: Tommie Lee Green, Sr. & Michele Green
142 NE 6th Avenue
Boynton Beach, Florida 33435
With a Copy to:
ESCROW AGENT: GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, #200
Fort Lauderdale, Florida 33308
16. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the
Federal or State Courts in Palm Beach County, Florida.
17. ENTIRE AGREEMENT.
All prior understandings and agreements between SELLER and PURCHASER are merged in
this Agreement. This Agreement completely expresses their full agreement.
Page 10
18. AMENDMENT.
No modification or amendment of this Agreement shall be of any force or effect unless in
writing and executed by both SELLER and PURCHASER.
19. SUCCESSORS.
This Agreement shall apply to and bind the executors, administrators, successors and assigns
of SELLER and PURCHASER.
20. COUNTERPARTS:
This Agreement may be executed in two or more counterparts, each of which shall be taken
to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile
copy hereof and any signatures hereon shall be considered for all purposes as originals.
21. LITIGATION COSTS:
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover from the non-prevailing party all costs and expenses incurred, including its
reasonable attorney's fees at all trial and appellate levels and post judgment proceedings.
Page 11
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated above:
Witnesses:
PURCHASER:
City of Boynton Beach
By:
Title:
Signed on:
ATTEST BY:
CITY CLERK
SELLER:
~~ ~ 4.
Tommie Lee Green, Sr.
tJCkL ~u~
Mic e1e Green
\.
Signed on: .6 - Ie - 0 ~
ESCROW AGENT
Accepted and Agreed to:
GOREN, CHEROF, DOODY & EZROL, P.A.
By: Signed on:
H:\2008/080 117/08-03-10 Agreement for Purchase and Sale. doc
Page 12
Page] of 1
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
! : ,
oow I U~.14ItIW
I
I I Owner Information
i ~ peN: 08434521250010250
{loOO(f I 00Sl}
, ~!~!.~~!1!'__.~j,JWI~j
I I
00301I I
I i Name: GREEN TOMMIE &
I I
I Location: 133 NW 10TH AVE
~----~ ! Mailing: 142 NE 6TH AVE
" I
, I
I BOYNTON BEACH FL 33435
I 3874
002;) I
Appraisal Value .-'
i Market Value: $55,61
Assessed Value: $55,614
I Exempt Amnt: $0
Wlc 112411 {lZ'A) IItw
Taxable: $55,61
00111 Tax Value
, Ad Valorem: $1,109.41
i Non ad valorem: $0.00
Total: $1,109.41
Sales Information
Sales Date Price :
A r-2006 ----$50,0001
i
I
110O 1 00711 00.;; 1
i
Legend Palm Beach County Property Map
~ Parcel B orndal)f Map Scale 1:932
~ Lot nul11Jer
Map produced on 1/31/2008 from PAPA
hltp:!/www ,pbc gov. com/papa
http://gisweb.co. palm-beach.fl. us/ipapagis/presentation/mapping/printnew .asp ?MAPURL=... 1/31/2008
LAND APPRAISAL REPORT FileNo 13508
Borrower N/A Census Tract 0061.00 Map Reference R43 T 45 S 21
Property Address 133 NW 10th Ave
City BOYNTON BEACH County PALM BEACH Slate FL Zip Code 33435
Legal Description LOT 25, BLOCK I, THE FRANK WEBBER ADDITION. PLAT BOOK 9 PAGE 3
Sale Price $ DaleorSalc Loan Term _ yrs. Propeny Rights Appraised X Fee ULeasehold De Minimis PUD
Actwll Real ESUlte Taxes $ (yr.) Loan charges 10 be paid by seller Other sales concessions
Lender/Client CLIENT: THE CITY OF BOYNTON BEACH Address 100 E. Bovnton Beach B1. P.O. Box 310. Bovnton Beach, FL 33425
Occu ant VACANT A aiser DAVID S. CHAPIN. SRA Instructions I A ,; DETERMINE MARKET VALUE
'f Location ~- Suburban ~Rual Good
~j~~ Built Up X Over 75% 25tYc, La 75% I Under 25% Employment Stabilily
~~F Growth Rale l2UFUIlY Dev Rapid ~_. ~,.. Convenience to Employment
."'ji Property Values increasing Stable . X Declining Convenience to Shopping
, Demand/Supply Shortage In Balance ! X Over Supply Convenience to Schools
, : Marketing Time: Under) Mas X 4-6Mos Over 6 Mas Adequacy to Public Transportation
J Present ~ % I Family ~ % 2-4 Family ~ % Apts. _ % Condo 1--. 'X, Commerci.a1 Recreational Facilities
,1
Land Use - % Industrial 2 'Ya Vacant % Adequacy of Utilities
J Change in Present Land Use [X]Not Likely UUk"y UTaking PlaceC.) Propeny Compatibility
r.lFrom To Protection from Deuimenul Conditions
Predominant Occupancy [Xl Owner UTenanl - 'X, Vacant Police and Fire Protection
$ 90,000 10 $ 300,000 Predominant Value $ 185.00 General Appearance of Propenies X
-2-)"S.1O ~yrS. Predominant Age 40 yr' A ,I M rkel X
Comments lRclucbng those factors, favorable or unfavorable atlecnng marketabIlity (e g publIc parks, schools VIew n013e) SUBJECT'S IMMEDIATE MARKET IS A MIX OF
[Ill! MODEST SINGLE F AMIL Y HOMES WITH SOME TWO TO FOUR FAMILY USES SCA TIERED IN THE AREA. SOME OF THESE PROPERTIES ARE
;,,: VACANT. RESIDENTIAL RESALE MARKET IS CURRENTLY OVER SUPPLIED. EXISTING HOME SALE PRlCES ARE DECLINING FROM LATE
I: 2005/EARL Y 2006 PEAKS. LAND VALUES ARE ALSO IMP ACfED.
Dimensions 85 X 140 X 89 X 140 = 12.180 UComerLot
Zoning Classification R-2 RESIDENTIAL DUPLEX Present Improvements WOo UOo Not Confonn to Zoning Regulations
Highesland Best Use
Public Other (Describe) OFF SITE IMPROVEMENTS Topo ABV. RD. GRD.
Elec M Stteet Address: WPublic o Private Size TYPICAL
G" Surface ASPHALT Shape RECTANGULAR MIL
W"er ~ X Priv", V,ew OTHER RES
\< San Sewer I X Dramage APPEARED ADE
Underground Elec & Tel Is the property located In a HUD IdentIfied Special Flood Hazard Area'l Yes
~ Commen~ Il,voroble or unf,vorabl, mcludmg any 'pp"en' adverse easemen~ encro'cbmen~ mother ,dver" coodUlOnsl SUBJECT IS A TYPICAL RESIDENTIAL SITE
~ OF THE LOTS WITH R-2 ZONING IN THIS MARKET HA VE BEEN IMPROVED WITH SINGLE F AMIL Y HOMES (AS OPPOSED TO DUPLEXES) IN
I@" THE LAST FIVE YEARS
.IT
l~1
The undersigned has recited three recent sales ofpropenies most similar md proximate to lhe subject and has to be considered these in the market analysis_ The description includes a dollar
adjustment, reflecting market reaction ill those items of significant variation bel ween the subject and comparable properties. If a significant item in the comparable property is
superior 1O, OT more tavorable than subject property, a minus (-) adjustment is made, thus reducing the indicated value of the subjec(~ if a significant item in the comparable is
inferior t or I ss favor ble 1 be , , I t; d b in, ; ini v,1 ofth s t
ITEM Sub'ect Pro crt COMPARABLE NO. I COMPARABLE NO.2 COMPARABLE NO. J
Address 133 NW 10th Ave LT II.NE 10TH AVE LTS 12 & 13 NE 10TH AVE LTS390&391 NW 12TH AVE
BOYNTON BEACH BOYNTON BEACH BOYNTON BEACH BOYNTON BEACH
Proximi 10 Sub'eel 0.34 MI E 0.33 MI E 0.27 MI WNW
Sales Price $ $ 62 500 $ 125.000 $ 70 000
Price $/S .Ft $ $ 8.93 $ 8.93 $ 13.73
Data Source PUBLIC RECORDS TAX ROLLS/PUB. RECORDS TAX ROLLS/PUB. RECORDS TAX ROLLSIPUB. RECORDS
Date: of Sale and DESCRIPTION DESCRIPTION + . Ad.ustment DESCRIPTION + .) Ad'ustment DESCRIPTION + - Ad'usunent
Time Ad'usunent 10/23/2007 -4.500 10/23/2007 -9 000 04/30/2007 -13.000
Location AVG AVG AVG AVG
Site/View 12 180/0THER RES. 7.000/0THER RES 25900 14 OOO/OTHER RE -9 100 5 100/OTHER RES 35400
FRONT FEET 85 SO 100 50
PRlCE PER F.F. $1250 $1250 $1400
Sales or Financing
Concessions
Net Ad. ota]') $ 22 400
Indicated Value
orSub'ecl
Final Reconciliation ALL SALES WERE WEIGHTED EQUALL Y IN THIS INSTANCE. DUE TO V ARlA TlONS IN SIZE AND FRONT FOOT AGE.
RECONCILIATION AT MID RANGE OF ADJUSTED VALUES WAS CONSIDERED REASONABLE.
I ESTIMATE THE M~S DJFlNjD OF SUBJECT FROFERTY AS OF 02/12/2008 10 be $ 92,000
,. ~d ~%'7"'NV
Appro,mlsl [)\o.: S CHAPIN. SRA Review Annraiscr (If ioolicable-)
Uo;d U Did Not Physically Inspect Property
Date Report Si.l!Jled 02/13/2008 Date Repon Si~ed
Stale Certification' ST.-CERT. RES. REA. #229 StateFL State Certification # State
or S tate License # Stale or State License # Slate
Form FW-68 12/82
CHAPIN APPRAISAL & REAL ESTATE
SUPPLEMENTAL SALES 4 5 6 ADDENDUM
File NO 13508
The IIDdersigned has recited lhree recent sales ofpropenies most similar and proximate to the subject and has to be considered these in the market analysis_ The description includes a dollar
adjustmenL rellecting market reaction to those ilem~ of signiflcant variation between the subject and comparable properties If a significant item in the comparable property i~
superior la, or lTlJre favorable than subjcCI properly. a minus (-J adjusllTlent is made. thus reducing lhe indicated value oflhe subject if a significant ium in the comparable i~
inferior t r IeS5 hvora k than the sub 'eel r e a I s 1+ ad' un nt is e th ~ inere sin the indicated value of ub" ct
ITEM Subiect Pro en' COMPARABLE NO.4 COMPARABLE NO 5 COMPARABLE NO 6
Address 133 NW 10th Ave
BOYNTON BEACH -_._-~---~._-_.~-_. ~--_.-
Proximitv to Sub.eel
Sales Price S S 52.000 $ S
Price $/S . Ft $ $ 7.70 s
Data Source PUBLIC RECORDS MLS/TAX RL/PUB REC
Date-of Sale and DESCRIPTION DESCRIPT10N + (-I Ad "tISlmen I DESCRIPTION ~ (-I Ad-usunenl
Time Adiustme:nt 12126/2007 -1.900 --.-.---
Localion AVG AVG -~._--- ----.~_.~-
SitelView 12,180/0THER RES 6.750 _ .___27.200 ----------
FRONT FEET 85 50 -------.-- -_._.._.-----~._-
PRICE PER F.F. $1.040 ~~ -----.-.--- ~--.-.._----
_.~~_.._- ----------_._~- .-------~ __nO
-----.- --.-"--'-- ---'.""--'--- . _._--~_.._~-- --- -.,,----- --.-----------.
Sales or Financing
Concessions ----------
Net Ad. Total) -_..._----
Indicated Value
ofSub'ect
CommenL~ -~~_. ------~~--~- _~.__._m
---- ...- ---~---_._-~--_._-~-_._._------ ~_._------ ----....--
----.. --_..~---- ---_._----~-~-_..,,_._.~-_.._- ..-------------.-..----- - .....----..-
._-_._------~-_..._-_._-~~.._-- --'---
-.-----.-- - --_.._-------~_._._-~----- ------ --------
--.-'-'--"-- ".._----~-_.- ----~_.._._..
_.__.-.~~-_._-~----------_._----- --....-...-..-....
---" ------~. ._---.._._._~---
------------~-
.-----_._-- .-----. -.--- - -~.__.._----_.- -------_.._-~._----_._._--------
...-----.- n__'_ -----.-- ..-.----- ...-------- --..."..-------
--~_..__.- .. -..----------------
-' ---------~._-_.._---- .. --.--.-.- -~-------_._.~-- ...-.-.---
~_.-_.._---_._-~--~-----_.._._- ---~-_.------------
-~.__._-----------~-~---- ,-----.----...-..-- ----- ----------.-----.-
-------...-.-.-..----
--~---_.~-_..- ---'~'----'-- ---.-------. -...----
-----.--.-------.-.-.--------- -----.-.---------- -.-.--"
---~_.- - ----~_.._._----_._-,---------_.._._--_._-- ------- ---------- - -------
--.-.---.---.-----.-..-.--.-- ---_._---~---_...~_._-------------
------_._--_.~._- --.----.-----....-...-
_._._----~------~-~.-._._---_._._.._---- ----.----...---.-
-~-- --~-~--~..-._--_.- - -----------~--_.~-----"_._-----_..._---_._-
--~--_.. _.--- -. . _._.~-_......._-'"- --.-------..------..-.-- - -------
~-~- -~-'- ~..._- -~-------_._._.-----
~~--- _._._~_._- ______u
-----_._-~._-_._--~--_.._-----------_.__._- --------
------ ~_.~..._- ~ .---.--.-.---
-~--_.__.__...~-_..----~-~
-~._- .-----~_.~_.,._..._---~...----
~-----_.._----_.~----_.._----,...._----~_._.._-_.- .--------------~._- ---------.-
--~.._-~~~._._-
~..._.__. ----~~---_._--._--_._.
-...---- _._~---~- .------- -----_.---_.~--- .._-~---~-----
--.----- ----~ --------- ------
-_.~_._------~ --~_._-- --- -------. _.~._._-
------_._..._---~_._--_....- ----_..__..._--------~.---- .
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-_._-~_.~....~---"--~-------~----_.~--_._----- .---_._-------~
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---_._._--_.._---_._-_.~-~._._----- ,--------
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------- -------~-_..- ._-~--_. .----_.
..-~----~ -.--.-------.----.-..- .._._..______..__.__m_..__
FOTm FW-68 12'8:'
CHAPIN APPRAISAL & REAL ESTATE
TEXT ADDENDUM File No. 13508
Borrower: N/A
Property Address: 133 NW 10th Ave County: PALM BEACH
City: BOYNTON BEACH State: FL Zip Code: 33435
Lender: CLIENT: THE CITY OF BOYNTON BEACH
PURPOSE OF THE REPORT:
THIS REPORT IS INTENDED FOR INFORMATIONAL USE BY THE CLIENT NAMED. RELATED TO A POSSIBLE PURCHASE. THIS REPORT
IS NOT INTENDED FOR ANY OTHER USE.
SCOPE OF THE REPORT:
THIS APPRAISAL IS BASED ON INFORMATION GATHERED FROM PUBLIC RECORDS, PROPRIETARY DATA SERVICES, MLS AND
OTHER SOURCES AS STATED. UNLESS OTHERWISE INDICA TED, SOURCES ARE CONSIDERED RELIABLE. THE DA TAW AS GATHERED
AND ANALYZED IN ORDER TO ARRIVE AT A CURRENT VALUE ESTIMATE OF THE SUBJECT PROPERTY.
ADDITIONAL CER nFICA nONS:
I CERTIFY THAT. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE REPORTED ANALYSES, OPINIONS AND CONCLUSIONS WERE
DEVELOPED, AND THIS APPRAISAL HAS BEEN PREPARED IN CONFORMITY WITH THE REQUIREMENTS OF THE CODE OF
PROFESSIONAL ETHICS AND THE STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE OF THE APPRAISAL INSTITUTE.
I CERTIFY THAT THIS REPORT IS SUBJECT TO THE REQUIREMENTS OF THE APPRAISAL INSTITUTE RELATING TO ITS USE BY ITS
DULY AUTHORlZED MEMBERS.
AS OF THE DATE OF THIS REPORT, I HAVE COMPLETED THE REQUIREMENTS OF THE CONTINUING EDUCATION PROGRAM OF THE
APPRAISAL INSTITUTE.
Statement of Limiting Conditions
~---_.-----~---~-- - ---~-_.._--- --,~..._---_.- --"'~--- _________.__________~_____~__.. '__n_____.
File # 13508
DEFINITION OF MARKET VALUE: The most probable price which a property should hring in a competitive and open market
under all conditions requisite to a fair sale. the buyer and seller, each acting prudently, knowledgeably and assuming the price is nut
affected by undo stimulus. Implicit in this definition is the consumation of a sale as of a specified date and the passing of title
from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well infonned or
well advised. and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open
market; (4) payment is made in terms of cash in U.S. dollars or in tenns of financial arrangements comparable thereto; and (5) the
price represents the normal consideration for the property sold unaffected by special or creative financing or sales concesslons*
h'Tantcd by anyone associated with the sale
* Adjustrnents to the comparables must be made for special or creative financing or sales concessions. No adjusrrnents are
necessary for those costs which are nonnally paid by sellers as a result of tradition or law in the market area; these costs are
readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjusmlents
can be made to the comparable property by comparisons to financing tenns offered by a third party institutional lender that is
not already involved in the property or transaction. Any adjusonem should not be calculated on a mechanical dollar cost of
the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing
or concessions based on the appraiser1s judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report IS subject to
the following conditions:
1. The appraiser will not be responsible for matters of legal nature that affect either the property being appraised or the title to \t
The appraiser assumes that the title is good and marketable and, therefore. will not render any opinions about the title The
property is appraised on the basis of it being under responsible ownership
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the
sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser1s detemlination
of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other
data sources) and has noted in the appraisal report whether tile subject sile is located in an identified Special Flood Hazard Area
Because the appraiser is not a surveyor. he or she makes no guarantee. express or implied, regarding the deternlination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question. unless
specific arrangements to do so have been made beforehand
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their
c.ontributory value. These separate valuations of the land and improvements must not be used in conjunction with any other
appraisal and are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of
hazardous wastes. toxic substances. etc.) observed during the inspection of the subject property or that he or she became aware
of during the nomlal research involved in perfomling tlle appraisal. Unless otherwise stated in the appraisal report, the appraiser
has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the
presense of hazardous waste, toxic substances. etc.) that would make the property more or less valuable. and has assumed that
there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the propert'"
The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be
required to discover whether such conditions exist Because the appraiser is not an expert in the field of environmental hazards.
the appraisal report must not be considered as an environmental assessment of the propen::
7. The appraiser obtained the infonnation. estimates. and opinions that \-vere expressed in the appraisal report from sources that be
or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility' for the
accuracy of such items that were fumished by other panies.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Unifoml Standards of
Professional Appraisal Practice
I), The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs. or alteratlons on the assumption that completion of the improvements will be perfornled in a worllnanlike
manner
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can
distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional
designations. and references to any professional appraisal organizations or the firm with which the appraiser is associated) to
anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional
appraisal organizations; any state or federally' approved financial institution; or any department agency'. or instrumentality of the
United States or any state or the District of Columbia; except that the lender/client may distribute the property description section
of the report only to data collection or reponing service(s) without having to obtain the appraiser's prior written consent. The
appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public
through advertising, public relations. news, sales. or other media.
Freddie I"i~c J-onn 439 6-93 Pa~e 1012 F'annie Mae Form ]0048 6-9~'
________n____n.
CHAPIN APPRAISAL & REAL ESTATE
APPRAISER CERTIFICATION
File #: 13508
APPRAISER'S CERTIFICA nON: The Appraiser certifies and agrees that:
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and
proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when
appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property
is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price
of the comparable and. if a significant item in a comparable property is inferior to, or less favorable than. the subject property,
I have made a positive adjustment to increase the adjusted sales price of the comparable.
2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in
the appraisal report. I have not knowingly witheld any significant information from the appraisal report and I believe, to the
best of my knowledge, that all statements and inforrnation in the appraisal report are true and correct
3. I stated in the appraisal report only my personal, unbiased. and professional analysis, opinions, and conclusions, which are
subject only to the contingent and limiting conditions specified in this form.
4. I have no present or prospective interest in the property that is the subject of this report, and I have no present or
prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or
completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap,
familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners
or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated future interest in the subject property. and neither my current or future employment nor my
compensation for performing this appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related
party, the amount of the value estimate. the attainment of a specific result, or the occurence of a subsequent event in order to
receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested
minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this
appraisal. with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate
of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed
is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as
comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject
improvements. on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and
have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence
to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If ]
relied on significant professional assistance from any individual or individual(s) in the performance of the appraisal or the
preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the
reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have
not authorized anyone to make change to any item in the report; therefore, if an unauthorized change is made to the appraisal
report, I will take no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICA nON: If a supervisory appraiser signed the appraisal report, he or she
certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report,
agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through
7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
133 NW 10th Ave
BOYNTON BEACH FL 33435
APPRAISER: SUPERVISORY APPRAISER (only if required):
12'
/~ -'1 1
Signature:. .,~. '/ J' e~",~, Signature:
Name: DA VIJll.S...CHAPIN. SRA Name:
Date Signed: 2/13/2008 Date Signed:
State Certification #: ST.-CERT. RES. REA. #229 FL State Certification #:
or State License #: or State License #;
Expiration Date of Certification or License: J 1/30/2008 ~iration Date of Certification or License:
UDid DDid Not Inspect property
Freddie Mac Form 439 6-93 PaQe 2 of 2 Fannie Mae Form 1004B 6-93
CHAPIN APPRAISAL & REAL ESTATE
SUBJECT PHOTOGRAPH ADDENDUM 13508
Borrower l'iA -_._~._--~-----"--'-------'----'--- ___~~___." .___~._ n_____..._'_._..._____
Propeny Address 133 NW 10th Ave --_._-~.,-_..._...._,---_._-_..._----_.._~-~----~,..-..------
CIty BOYNTON BEACH County PALM BEACH State ~Zlp Code ;3]435 ____'
Lender/Client CLIENT THE CITY OF BOYNTON BEACH _____~_ ________...._______.._ . . - __.____.._....__n_.__.__.....____
~
FRONT OF
SUBJECT PROPERTY
REAR OF
SUBJECT PROPERTY
STREET SCENE
CHAPIN APPRAISAL & REAL ESTATE
COMPARABLES PHOTOGRAPH ADDENDUM 13508
Borrower N/A
Property Address 133 NW 10th Ave
City BOYNTON BEACH COWlty PALM BEACH State ~Zip Code 33435
Lender/Client CLIENT: THE CITY OF BOYNTON BEACH
.
COMPARABLE SALE # I
LT 11, NE 10TH AVE
BOYNTON BEACH
Date of Sale : 10/2312007
Sale Price 62,500
Sq. Ft. 7,000
$/Sq. Fl. 8.93
COMPARABLE SALE # 2
LTS 12& 13NE 10TH AVE
BOYNTON BEACH
Date of Sale . 10/23/2007
Sale Price 125,000
Sq. Ft. 14,000
$1 Sq. Ft. 8.93
COMPARABLESALE#3
L TS 390 & 391 NW 12TH AVE
BOYNTON BEACH
Date of Sale 04/30/2007
Sale Price 70,000
Sq. Fl. 5,100
$1 Sq. Ft. 13.73
CHAPIN APPRAISAL & REAL ESTATE
COMPARABLES 4 5 6 PHOTOGRAPH ADDENDUM 13508
Borrower N/A - ----_.._.,~---- --~-_._---_._~------_.
Property Address 133 NW 10th Ave ---------
City BOYNTON BEACH County PALM BEACH --~ State ~_Zlp Code 33435______________
Lender/Chent CLIENT: THE CITY OF BOYNTON BEACH ----- - ~--- -------- -- ----
cOMPARABLESALE#4
501 NDST
LAKE WORTH
Date of Sale . 12/26/2007
Sale Price 52.000
Sq. Ft. 6,750
$ 1 Sq. Ft. 7.70
COMPARABLE SALE # 5
Date of Sale
Sale Pnce
Sq. Ft
$ 1 Sq. Ft
COMPARABLE SALE # 6
Date of Sale
Sale Price
Sq. Ft
$ 1 Sq. Ft
CHAPIN APPRAISAL & REAL ESTATE
PLAT MAP 13508
Borrower/Client N/ A
Property Address 133 NW 10th Ave
City BOYNTON BEACH County PALM BEACH State FL Zip Code 33435
Lender/Client CLIENT: THE CITY OF BOYNTON BEACH
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CHAPIN APPRAISAL & REAL ESTATE
LOCATION MAP ADDENDUM File ~o.
13508
I Borrower N/A __ ____.___._.____n_'_._______ - ---..--.---.--- ---------_._~._,._._-------
Property Address 133 NW 10th Ave -~~---- _._-----~_._-~~-~.._---
City BOYNTON BEACH County PALM BEACH .-- State fL___..ZIP Code 33435_
Lender/Chent CLIENT: THE CITY OF BOYNTON BEACH --~-------------~- -_.----------- ~--------
501 N D St
12/26/2007
_Bedrooms - - Room Count. Total Rooms - ---
Gross Livmg Area 6,750
Proximit to SU eet 5.9 MI N
-:;tt'~\L.
Address
Dale of Sale Sale Price 125,000
Room Count. Total Rooms _Bedrooms - IlaIhs
Gross I..i.W1g Area. 14,000
Proximit to S eel 0.33 MI E
Address 508 NW 12th Ave
Da1eofSale 04/30/2007 Sale Pnce 70,000
Room Count - Total Rooms _Bedrooms _Baths
Gross LivIng Area 5,100
Proxunit to Su eet 0.27 MI WNW
CHAPIN APPRAISAL & REAL ESTATE
ADDITIONAL A TT ACHMENT 13508
Borrower N/A
Property Address 133 NW 10th Ave
City BOYNTON BEACH County PALM BEACH Slate ~Zip Code 33435
Lender/Client CLIENT: THE CITY OF BOYNTON BEACH
DAVID S. CHAPIN, SRA
srI'. TE CERTIFIED RESIDENTIAL APPRAISER Fl#"L2!l
513 u.s. HIGHWAYttl, SUITE 111
NORTH PALM BEACH, Fl 33408
EMPLOYMENT HISTORY;
311m!3 TO PRESENT
CHAPIN APPRAISAl & REAL ESTATE SERVICES, INC.
STATE CERTIFIED RESIDENTiAl APPRAISER AND. LICENSED REAL ESTATE BROKER
1986 TO PRESENT
H.U.D. APPROV&> APPRAISER
1981 TO 3f19li13
FLORIDA APPRAISERS &. CONSUL TANT'SAND SHEPARD REAl.. TY, INC.
INDEPENDENT CONTRACTOR, REAL ESTATE APPRAISER ,e.ND REAL ESTATE BROKER
EDUCATION:
STETSON UNIVERSITY, DELANO FL - SA DEGREE
RECENT CONTINUING EDUCATION:
BUSINESS PRACTICES AND ETHICS - 2006
APPRAISING THE TOUGH ONES. 2006
APPRAISAL CONSULTING. 2l1Oe
NATIONAL USF'AP UPDATE. 2006
FLORlDA STATE LAW . 2006
FHA AND THE NEW RESIDENTIAL APPRAISAL FORMS. 2006
APPRAISAL INSTITUTE'S GUIDE TO THE NEW URAR . 2005
ASseSSMENT APPEALS IN FLORID.A . 2004
OTHER EXPERIENCE:
SPECIAL MAGISTRATE - VALUE ADJUSTMENT BOARD
PALM BEACH COUNTY .1998. 2006
Il.5S0CIATION MEMBERSHIPS:
SRA MEMBER. SENIOR RESIDENTIAL APPRAISER, APPRAISAL INSTITUTE
REALTOR MEMBER, REAL TORS ASSOCIATION FOR THE PALM BEACHES, INC.
PAST PRESIDENT OF REGIONAL MULTIPLE LISTING SERVICE
CURRENT MEMBER OF PROFESSIONAL STANDARDS COMMITTEE, RAPS
CHAPIN APPRAISAL & REAL ESTATE
ADDITIONAL A TT ACHMENT
13508
Borrower NiA -----.'.-
--~,._---... ----- -----------... ,,-------_..-.-----
Property Address 133 NW 10th Ave ----.---
----_._._--~~-_._-- ---------..-----
City BOYNTON BEACH County PALM BEACH State Fk_ _ZIp (ode 33435
-------- ------
Lender/Client i::L1ENT: THE CITY OF BOYNTON BEACH ---~--",-------"----'-'-
~ - - --- -,..._- .._".
-...- ..y----.'
"Ci' 29 rl 3 7' 58 STATE OF FLORIDA
DEPARTMENT 0.1:' BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRA~SAL ED SEQ#r.fJ6110702096
LICENSEl,BR .'
. ",,'"'''' i
CHAE'lN. DAVJ:D S
513 US aWY 1 SUITE 111
NORTH PALM BEACH FL 31408
JEE BUSH SIMONE ~~RSTILLER
G::JVERNOR QL?PLA y.A~,-,'!.mul RE:[)_f3Y L.A~\'_... SE:::"ETARY
..-....--..
,---~,--- --->
CHAPIN APPRAISAL & REAL ESTATE
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office
o December 18,2007 December 3, 2007 (Noon) o February 19,2008 February 4,2008 (Noon)
o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15, 2008 December 31,2007 (Noon) o March 18,2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) [8J April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve and execute by resolution Task Order #U08-14-01 for
construction administration services related to the Southeast Federal Highway Corridor (SEF)
Project, in an amount not to exceed $328,390.00 to Mathews Consulting, Inc. Additionally,
approve an owner's contingency of 10% in the amount of $32,839.00 for a total budget
appropriation of $361,229.00.
Motion to approve and execute by resolution Amendment #2, to Task Order #U04-16-12 to Post,
Buckley, Shue & Jernigan (PBS&J) to eliminate the construction related services on the SEF
Project. The execution of Amendment #2 will result in a cost reduction of $241,583.00.
EXPLANATION: The Southeast Federal Highway Corridor includes an area encompassed by SE
4th Street from SE 2nd Ave. to SE. 12th Ave., and the Boynton Isles community east of Federal
Highway. PBS&J's task order was approved by the City Commission on July 20, 2004 and
included design, permitting, bid phase and construction related services. On December 6, 2005,
the City Commission approved Amendment #1 for additional design efforts based on an Interlocal
Agreement between the City and the City's Community redevelopment Agency (CRA).
Mathews Consulting, Inc. (MCI), is currently under task order for the design of a regional
reclaimed water main system that will interface with the SEF Project significantly at b6th tJ.le\'")
~ ......
northern and southern limits of the SEF project. The Utilities Department has determine~ha.9t:;'
would be more efficient to procure the services of MCI for construction administration1ls M,~
will be an integral part of both projects as they progress. :::;:;:~Q;
.:"]. Q
:l:) ,,~ ~
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S:\BULLETIN FORMSAGENDA ITEM REQUEST FORM.DOC .Q
-..
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PBS&J is named as the Engineer of Record for the SEF Project and will be retained as such
throughout the project. PBS&J has consistently lagged behind schedule on the design of this
project, and has lost much of the original design staffing due to internal corporate changes.
PBS&J will, however, remain as the design engineer, and be fully responsible for all design
features of the plan.
MCI will be named as the Project Engineer for the SEF Project and will consult with PBS&J on
design issues if needed. Other responsibilities included in the MCI task order are:
conducting/preparation of the Pre-Construction conference, bi-weekly progress meetings
including agenda and minutes; review of submittals, payment applications, schedules and
construction changes; daily inspections and construction oversight; certification of construction
and permit closures; and, participation in Substantial Completion and Final Acceptance.
PROGRAM IMPACT: This project will improve the stormwater treatment and disposal within
the entire project area. Potable water main improvements will also be constructed throughout the
entire area, replacing substandard mains, and also installing a new 16-inch diameter line to
support fire protection and future demands in the downtown area. In addition, the SE 4th Street
corridor will contain a link in the 12-inch diameter reclaimed water line now being advertised for
construction under other contracts.
FISCAL IMPACT: Funds are available through Utilities project numbers WTR124, STM030,
SWR100 and REU002.
The execution of the PBS&J Task Order Amendment #2 and the resulting reduction of
$241,583.00 will be available to offset the $328,390.00 or 74% of the MCI Task Order value.
ALTERNATIVES: The approval of MCI's task order and PBS&J's amendment will enable the
City to efficiently provide construction administration for the SEF Project that will coincide with
a significant portion of the reclaimed water project.
S lllUTTI'\ rOP.\lS.\CiE'\DA ITE"! RU)\ ['.;T I ('R\I Il, I(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The Utilities Department recommends approval and execution of MCI Task Order #U04-14-01
and PBS&J Amendment #2 to Task Order #U04-16-02.
~~Q- t~
ateng, P.E., Utilities Director City Manager's Signature
Assistant to City Manager ~
~tfJlt
City Attorne / Finance
bc: Kofi Boateng, Utilities Director
py!ete Mazzella, Deputy Utilities Director
Barb Conboy, Manager Administration/Finance
Chris Roschek, Engineering Division Manager
Paul Fleming, Senior Project Manager
Project File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
I
I
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF TASK ORDER NO. U08-14-01 IN AN
6 AMOUNT NOT TO EXCEED $328,390.00 ALONG
7 WITH APPROV AL OF AN OWNER'S CONTINGENCY
8 OF 10% IN THE AMOUNT OF $32,839.00 FOR A
9 TOT AL BUDGET APPROPRIA TION OF $361,229.00
10 TO MATHEWS CONSUL TING, INC., FOR
11 CONSTRUCTION ADMINISTRA TION SERVICES
12 RELATED TO THE SOUTHEAST FEDERAL
13 HIGHWAY CORRIDOR; AND PROVIDING AN
14 EFFECTIVE DATE.
15
16
17 WHEREAS, Mathews Consulting, Inc., is currently under task order for the design
18 of a regional reclaimed water main system that will interface with the Southeast Federal
19 Highway Corridor project significantly at both the northern and southern limits of the
20 Southeast Federal Highway Corridor Project; and
21 WHEREAS, staff has determined that it would be more efficient to procure the
22 serVIces of Mathews Consulting, Inc. for construction administration as Mathews
23 Consulting, lnc" will be an integral part of both projects as they progress: 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 approve and authorize execution of Task Order U08-l4-0 1 in an amount
27 not to exceed $328,390,00 along with approval of an owner's contingency of 10% In the
28 amount of $32,839,00 for a total budget appropriation of $361,229.00 to Mathev,'s
29 Consulting, lnc,
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S\CA\RESO\Agreements\Task - Change Orders\Mathews - TO U08-14-01doc
I I
!
1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct 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 approve and authorize execution of Task Order U08-14-0 1 in an amount not to
6 exceed $328,390.00 along with approval of an owner's contingency of 10% in the amount of
7 $32,839.00 for a total budget appropriation of $361,229.00 to Mathews Consulting, Inc, for
8 construction administration services related to the Southeast Federal Highway Corridor
9 project, a copy of which is attached hereto as Exhibit "A."
10 Section 3. This Resolution shall become effective immediately upon passage.
11 PASSED AND ADOPTED this _ day of April, 2008.
12
13 CITY OF BOYNTON BEACH, FLORIDA
14
15
16 Mayor - Jerry Taylor
17
18
19 Vice Mayor - Jose Rodriguez
20
21
22 Commissioner - Ronald Weiland
23
24
25 Commissioner - Woodrow L. Hay
26
27
28 Commissioner - Marlene Ross
29 ATTEST:
30
31
32 Janet Prainito, CMC
33 City Clerk
34
35 (Corporate Seal)
36
S:ICAIRESOlAgreementslTask - Change OrderslMathews - TO UD8-14-D1.doc
TASK ORDER NO. U08-14-01 CONSTRUCTION MANAGEMENT
SE FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECl
Task Order No. U08-14-01
Construction Management - SE Federal Highway
Corridor Infrastructure Improvement Project eRt6INAL
A. Background The City of Boynton Beach (CITY) has previously contracted with others (PBS&J) for design,
permitting and bidding services relating to neighborhood improvements (e.g. water, sewer,
stormwater, reclaimed water, and roadway) for the area along the southeastern corridor of Federal
Highway (US 1). The project is currently moving into the bidding stages, The CITY has requested
that Mathews Consulting (CONSULTANT) provide Construction Management Services for the
project.
This Task Order No, U08-14-0 1 provides the scope of work for construction administration and
resident inspection services for the SE Federal Highway Corridor Infrastructure Improvement Project.
B. Scope of Services
The Engineering Services of CONSULTANT shall include the following tasks:
. Task I - Services During Construction
. Task 2 - Resident Project Representative Services
The specific scope of services to be provided by CONSULTANT in this Task Order includes the
following:
Task 1 - Services During Construction (SDC)
The specific SDC phase services to be provided by the CONSULTANT include the following:
Subtask 1.1 Pre-Construction Conference
Prepare agenda and conduct pre-construction conference with selected Contractor and CITY staff in
accordance with CITY's "Standard Preconstruction Forms". Prepare and issue written minutes of
meeting.
Subtask 1.2 Submittal Review
Receive, log, and review Shop Drawing and Product submittals for general conformance with the
design intent and provisions of the Contract Documents. Review of up to 50 submittals (total, which
includes submittals and re-submittals, if required) is included in the budget for SDC phase services.
CONSULTANT will review and return submittals to CITY and Contractor within 14 days of receipt.
Subtask 1.3 Bi-Weekly Meetings
Attend construction progress meetings with the CITY and Contractor every two weeks and provide an
agenda and written summary of the issues discussed. Project meetings will be conducted by the
11/15/2007 ] ~ MAIJ::LE.~_~
CO~,~~EI!~S;~".I,~~.
TASK ORDER NO. U08-14-01 CONSTRUCTION MANAGEMENT-
SE FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
Construction Manager with the Resident Project Representative also in attendance. Following the
meeting, the Construction Manager will prepare and distribute meeting minutes (within 24 to 36
hours after meeting) to the CITY and other attendees. Meetings will be held at the Field Trailer
located at the project site. Forty-eight (48) progress meetings are included in the budget for this task.
Subtask 1.4 Pay Estimate Review
Review monthly payment applications (total of 20) submitted in a format acceptable to the CITY.
CONSULTANT shall verify the quantities as represented on the pay request and make a
recommendation to the CITY to proceed, with the payment as requested, or as modified based on
CONSUL T ANT review. A 20-month construction period is assumed in budgeting this task.
Subtask 1.5 Construction Schedule Review
Monitor the construction schedule monthly and report to the CITY conditions which may cause delay
in completion.
Subtask 1.6 Construction Clarifications
Respond in writing to Contractor's Request For Information (RFI) regarding the design documents, A
total of forty-five (45) RFI responses have been included in this task. CONSULTANT shall issue
interpretations and clarifications of the Contract Documents, along with associated support materials,
as requested by the Contractor. These interpretations will be rendered and a response prepared and
submitted to the Contractor within one week.
If required, CONSULTANT will obtain answers to RFI's from the Design Engineer (PBS&J) for
those items that need design clarification.
Subtask 1.7 Construction Changes
Prepare and negotiate Change Orders (CO) and Field Change Directives (FCD) during the 20-month
construction period. For the purpose of this task order, it is assumed that up to 5 CO and 30 FCD will
be prepared during the 20-month construction period.
Subtask 1.8 Periodic Field Inspections
CONSULTANT's Construction Manager will visit the project site an average of 8 hours a month for
the twenty (20) month construction time frame.
Subtask 1.9 Certification of Construction Complete
CONSULTANT shall certify to SFWMD, FDOT, PBCHD, and FEC Railway based on visible project
features, CONSULTANT's inspections and review of testing reports that the project was constructed
in accordance with the plans and specifications submitted in the permit applications.
Certification will include that water services were properly pressure tested and bacteriologically
sampled to allow a "request for release of facilities to be placed into service" to be filed with the
PBCHD. It is assumed that up to 6 partial releases and one final release will be prepared for PBCHD.
11/15/2007 2 ~ ~O~~Yk~,g".~~~.
TASK ORDER NO. U08-14-01 CONSTRUCTION MANAGEMENT-
SE FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
Subtask 1.10 Substantial and Final Inspection
In conjunction with CITY staff, make preliminary and final inspections and assist in the preparation
of a Contractor "punch list" to achieve Substantial Completion, Review completion of identified
punch list items to assist in the determination that Substantial Completion has been achieved by the
Contractor, Advise the CITY that Final Acceptance of the project has been reached in accordance
with the Contract Documents.
Task 2 . Resident Project Representative Services
The Resident Projec~ Representative Phase services to be provided by the CONSULTANT include
the following:
Subtask 2.1 Inspections
Provide a full-time (40 hours/week) Resident Project Representative (RPR) during the construction of
the work in a total period of not-to-exceed 415 working days (for a total of 3,320 hours) for the
construction contract. Activities performed under this task consist of furnishing an RPR during the
construction of the project, to observe the quality of the construction work, and to determine, in
general, if the construction is proceeding in accordance with the contract documents so that an
engineering certification can be made regarding the construction of the proposed improvements. The
RPR shall:
. Serve as CONSULTANT's liaison with construction contractor, working principally through
the contractor's superintendent and assisting him in understanding the intent of the contract
documents.
. Conduct on-site observations of the work in progress to assist in determining if the work is
proceeding in accordance with the contract documents and that completed work conforms to
the contract documents. Report, in writing to the CITY, whenever CONSULTANT believes
that work is unsatisfactory, faulty or defective, or does not conform to the 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.
. Accompany visiting inspectors representing public or regulatory agencies having jurisdiction
over the project. Record, in writing, the outcome of these inspections and report same to
CITY,
. Consider and evaluate construction contractor's suggestions for modifications in drawings or
specifications and report them to the CITY, in writing, CONSUL T ANT shall make
recommendation for action by the CITY.
. Review Contractor As-Built information on a monthly basis to confirm proper updates are
being made.
. Observe all flushing and pressure testing of the piping.
. Assist the Contractor in coordinating all required density testing, etc. as required by the
Construction Documents.
11/15/2007 3 ~ M6~~~tr~g-INC
C Ci,.il mnd Env"<lnmcnl.1 Ell!''''''''''
TASK ORDER NO. UOB-14-01 CONSTRUCTION MANAGEMENT-
SE FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
. CONSULTANT shall provide to the CITY the RPR's daily inspection report (handwritten)
and digital photos (paper copy & electronic copy). The reports and digital photos will be
provided on a weekly basis.
. RPR shall work with the Contractor and develop a Daily Quantity Sheet (based on the
approved Schedule of Values) to be reviewed and accepted each day agreeing to the
quantities of Schedule of Value items installed.
LIMITATIONS OF AUTHORITY
Except upon written instructions of CONSULTANT, Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve any substitute
materials or equipment.
2. Shall not exceed limitations on CONSULTANT's authority as set forth in the Contract
Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or
Construction Manager, or expedite the Work.
4. Shall not advise on or issue directions relative to any aspect of the means, methods,
techniques, sequences or procedures of construction unless such is specifically called for
in the Contract Documents.
5. Shall not authorize Owner to occupy the Project in whole or in part.
6. Shall not participate in specialized field or laboratory tests.
C. Assumptions
In addition to the work items discussed above, the following assumptions were made in establishing
the scope of this Task Order and associated fee. Changes and/ or modifications in the above work
items or these assumptions are considered an Additional Services Item under the terms of the
contract. Assumptions include:
1. CITY shall provide CONSULTANT with four (4) sets of Conformed Construction Documents.
2. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically
incorporated onto the drawing files. Two sets of signed and sealed RECORD drawings by Florida
Registered Surveyor will then be submitted by the Contractor to the CITY. Two sets of RECORD
drawings will be provided to CONSULTANT for submittal to PBCHD and SFWMD.
3. The construction man-hours are based on the following:
. Construction duration (NTP issued to Contractor) = 611 calendar days (436 working days)
. SDC Services (NTP to Final Payment) = 671 calendar days (479 working days)
. RPR Services (would start 30 days after NTP issued) = 581 calendar days (415 working days)
which equates to 3,320 inspection hours (Monday through Friday) at 8 hours per day.
Weekend work and/or night-time work is not included in this scope and budget.
If SDC or RPR is extended beyond above, then an Amendment to this Task Order will be
executed for the additional work.
4. Contractor will be required to secure any dewatering permits.
11/15/2007 4 ~ ~t~l1~,st~~:;
TASK ORDER NO. UOB-14-01 CONSTRUCTION MANAGEMENT-
SE FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
-
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the Agreement
for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton
Beach and Mathews Consulting, Inc.
E. Additional Services
The following are examples of some specific Additional Services Items that may be required, but are
not included within this Amendment. Generally, a condition contrary to the work description in
Section B or assumptions of Section C (upon which the construction management fee is based) is
considered an Additional Services Item. Examples include:
1. Additional supervision or construction observation in excess ofthat specified in this Task Order.
2. Assisting the CITY in the settlement of construction contract claims will be an additional service_
These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by
an amendment to this Task Order. Services performed will be on an as- directed basis in accordance
with a written Notice to Proceed from the CITY.
F. Obligations of the CITY
1. The CITY shall obtain the services of the Design Engineer of Record (PBS&J) to provide any
required re-design in a timely manner.
G. Compensation
Compensation by the CITY to the CONSULTANT for all tasks will be on a Not-to-Exceed (time
utilized) basis in accordance with the above mentioned Agreement. The estimated compensation for
the services described in this Task Order is $328,390.00 as shown in Table 1 below and detailed in
Attachment 1,
11/15/2007 5 ~ MO~~~I~~8iNc
C Civil 81,,1 Em'""nmeIlIM! En!!"'''-'''
TASK ORDER NO. UD8-14-01 CONSTRUCTION MANAGEMENT-
SE FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
TABLE 1: LABOR AND EXPENSE SUMMARY
Labor Labor Expenses Total Cost
Hours Cost
Task 1 - Services During Construction 785 $ 72,390 $ 2,000 $ 74,390
Task 2 - Resident Project 3,320 $ 249,000 $ 5,000 $ 254,000
Representative (RPR)
Totals 4,105 $ 321,390 $ 7,000 $ 328,390
H. Schedule
The completion dates for this work will be as follows (starting at time that Contractor is issued award
of the Construction Contract).
Engineering Services Time per Phase
Task 1 - Services During Construction 479 working days
Task 2 - RPR 415 working days
11/15/2007 6 ~ ~4~!&I~,~t~~:;
TASK ORDER NO. U08-14-01 CONSTRUCTION MANAGEMENT-
SE FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
Dated this day of ,2007.
SUBMITTED BY:
Mathews Consulting, Inc.
By:
Rene L. Mathews, P,E.
President JoJ.
Dated this _\ ~y of ,2007.
7 MATHEWS
11/15/2007 ~ ----ON S(][TI"N<T I!-;C
C Ci,i1 and Envir""m.:nlal Fn!l-i"ec'F
City of Boynton Beach
Task Order No. U08-14-01
Construction Management- SE Federal Highway Corridor Infrastructure Improvement Project
Proiect Summarv Fees
Labor Classification and Hou~v Rates
Senior
Principal Senior Field Resident Senior Cadd Admin. Sub-
Engineer Engineer Repres. Inspector Eng. Tech Designer Support Total Consultant Reimbursable
Task No. Task Deschotion $130 $120 $95 $75 $85 $80 $50 Labor Services EXD<>nses
1 Services Durino Construction
1,1 Pre-Construction Conference 9 4 1 $1,205 $50
1.2 Submittal Review 10 50 50 $8,550 $500
1.3 BI-Weeklv Meetinas leverv 2 weeks 100 25 $10,750 $200
1,4 Pay Estimate Review 50 $4,750 $200
1.5 Construction Schedule Review 25 $2,375 $150
1.6 Construction Clarifications 20 80 $10,000
1.7 Construction Chanoes 20 100 10 $12,400 $200
1.8 Periodic Field Insoaelions 160 $15,200 $200
1.9 Certificate of Construction ComDletion 35 10 $5,050 $500
1.10 SubstantiallFinallnsoections - PreDare "ounch list" 18 8 $2,110
Subtotal 45 40 592 4 0 0 104 $72 390 $2 000
2 Resident Pro.ect ReDresentative Services
2.1 Insoections 3,320 $249,000 $2,000
Subtotal 0 0 0 3,320 0 0 0 $249 000 $5 000
Labor Subtotal Hours 45 40 592 3,324 0 0 104
Labor Subtotal Costs $5,850 $4,800 $56,240 $249,300 $0 $0 $5,200 $321,390 $0 $7,000
Labor Total Casts $321 390
Subconsultant Costs Totai $0
Subconsultant Multi Iier 1.1
Subconsultant Total $0
Reimbursable EXDenses $7,000
Prolect Total $328,390
Attachment 1 Mathews Consulting, Inc.
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 EXECUTION OF AMENDMENT NO.2 TO TASK ORDER
6 NO. U04-16-2 TO PBS&J TO ELIMINA TE THE
7 CONSTRUCTION RELATED SERVICES ON THE
8 SOUTHEAST FEDERAL HIGHWAY CORRIDOR
9 PROJECT RESULTING IN A COST REDUCTION OF
10 $241,583.00; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, On July 20. 2004 the City Commission approved Task Order No. U04-16-
13 2 for PBS&J to perform professional engineering services for water service, roadway and starn1
14 water improvements for the S,E. Federal Highway Corridor Project; and
15 WHEREAS, on December 6,2005, Amendment #1 was approved for additional design
16 efforts based on an Interlocal Agreement between the City of Boynton Beach and the
17 Community Redevelopment Agency; and
18 WHEREAS, staff has determined that it would be more efficient to procure the service
19 of Mathews Consulting, Inc., for construction administration.
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 as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2, The City Commission of the City of Boynton Beach, Florida does hereby
26 authorize and direct the approval and execution of Amendment No, 2 to Task Order U04-16-2
27 to PBS&J for a cost reduction of $241.583.00. a copy of which is attached hereto as Exhibit
28 "1',\",
S\CA\RESOlAgreementsITask - Change Orders\PBSJ -Amd #2 Task Order U04-16-2 doc
I
1 Section 3. This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this _ day of April, 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20
21 ATTEST:
22
23
24 Janet M, Prainito, CMC
25 City Clerk
26
27
28 (City Seal)
S:ICAIRESOlAgreementslTask - Change OrderslPBSJ -Amd #2 Task Order U04-16-2.doc
ORIGINAL
AMENDMENT NO.2
TO TASK ORDER NO. U04-16-02
FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION
FOR WATERMAIN REPLACEMENT, STORMWATER MANAGEMENT AND
ROADW A Y IMPROVEMENTS FOR SOUTHEAST FEDERAL HIGHWAY
CORRIDOR PROJECT
December 2007
City of Boynton Beach, Florida
PBS&J Project No. 140497.01
Background
The City of Boynton Beach (CITY) has previously authorized PBS&J (CONSULTANT)
to provide professional engineering services relating to neighborhood improvements for
the area along the southeastern corridor of Federal Highway (US I). The work approved
by the CITY and authorized for Task Order No, U04-16-02 consists of various
combinations of water, roadway and drainage improvements for the area generally
described as "Southeast Federal Corridor", Subsequent to the above task order, the CITY
was requested by the CRA to modify certain design elements to the project precipitating
in additional engineering services and hence in the creation of Amendment No, 1 to Task
Order U04-16-02 which was approved by the CITY. Subsequent to Amendment L the
CITY requested additional modifications to the scope of Amendment No. I as a Letter of
Understanding. Subsequently the CITY has requested PBS&J make the following
changes to the current contract:
,. Change Task 5 Services During Construction to not duplicate the Construction
Management Services Task Order No U04-] 4-06
,. Eliminate Task 6 Resident Observation
This document describes the changes or amendments to the original work that are needed
to satisfy the new development requirements.
Proposed Scope
Modification of Task 5. Modify Task 5 Services During Construction to only include
responses to Request For Information from the Construction Mangers and minor redesign
due to unforeseen circumstances. PBS&J shall not certify the construction to any
permitting agencies. The fee will be revised to $] 9,220 and will be on a time and
materials basis. The previous fee was 578,587.00
Elimination of Task 6 Task 6 Resident Observation will be deleted from the contract.
The fee for Task 6 was $183. I 77.
The proposed total fee (Revised Task 5) is $19,220 which is Revised Task 5, and an
estimated $961 in expenses which represents 5 percent of the Task for a total of $20,181.
After eliminating Task 6 the net change is -$241,583,00
A breakdown of costs for each task is summarized in Exhibit 1, Staff Mix. The
CONSULTANT will commence work on Amendment 2 upon receipt of written
authorization.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kofi Boateng, P. E.
Utilities Director
City of Boynton Beach, Florida
Dated this day of ,2008
SUBMITTED ~
PBS&J
.
By:
Grethe L McLaughlin
Senior Group Manager
Dated this ;l Cf day of r?6r UtC./Y2008
Attachments:
Exhibit] - Staff Mix
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VI.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Commission Date Final Form Must be
Commission Meetinq Dates Turned in to City Clerk's Office Meetinq Dates Turned in to City Clerk's Office
o December 18, 2007 December 3, 2007 (Noon) o February 19, 2008 February 4, 2008 (Noon)
o January 2, 2008 December 17, 2007 (Noon) o March 4,2008 February 19, 2008 (Noon)
o January 15, 2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
o February 5, 2008 January 14, 2008 (Noon) [gI April 1, 2008 March 17, 2008 (Noon)
0 An nouncements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve an amendment to Resolution No. R07-141 that authorized an increase in the fee
schedule for disentombments, disinterments and disinurnments at City Cemeteries.
EXPLANATION: Upon recommendation from the Cemetery Board, on December 3, 2007, the City
Commission unanimously approved a Resolution increasing the fees associated with disentombments,
disinterments and disinurnments at City Cemeteries.
Inadvertently, an error occurred in the Resolution that states the fee for a disinurnment of cremains from the
Mausoleum would be $500 and a disinurnment of cremated remains from the ground would be $400. These
figures should have been opposite what was stated. This new Resolution will correct those two fees to indicate
the fee for a disinurnment of cremains from the Mausoleum would be $400 and a disinurnment of cremated
remains from the ground would be $500.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: The alternative would be to not accept the recom2dation.
~ . :.~, ~~-4
City Manager's Signature
Assistant to City Manager ~
City Clerk's Office City Attorney / Finance
jmp
3/14/2008 3:51 PM
S:\CC\WP\CCAGENDA\Agenda Request Memos\2008\Agenda Item Request - Amending Disinterment-Disinumment Resolution.doc
1 RESOLUTION NO. 08-
2
3 A RESOLUTION OF THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AMENDING RESOLUTION 07-141 BY
6 AUTHORIZING AN INCREASE IN THE FEE
7 SCHEDULE FOR DISENTOMBMENTS,
8 DISINTERMENTS AND DISINURNMENTS AT
9 THE CITY CEMETERIES; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, during the Cemetery Board meeting on January 10. 2008. the
13 Cemetery Board unanimously voted to recommend an amendment to Resolution 07-141
14 adjusting the fee schedule for disentombments, disinterments and disinurnments: and
15 WHEREAS, it is the recommendation of staff and the Cemetery Board to adjust
16 the fee structure for disentombments. disinterments and disinurnments for the City of
17 Boynton Beach cemeteries,
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIOL
19 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
20 Section 1. Each Whereas clause set forth above is hereby 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 hereby authorizes an amendment to Resolution 07-141 authorizing an increase in the fee
24 schedule for disentombments, disinterments and disinurnments for the City of Boynton
25 Beach cemeteries as follows:
26 . A disinurnment of cremated remains from the mausoleum would be $400, If
27 additional biomedical waste. removal or sanitizing is required. it would be the
28 responsibility of the owner.
29
30 . A disinterment would be $900 which includes the work fee for the
31 disinterment and the opening and closing of grave.
:\CA\RESO\Cemetery Rates(disinterments)(021208).doc
, ,
1
2 . Disinurnment of cremated remains from the ground would be $500.
3
4 . Disentombment of casketed remains would be $500. If additional biomedical
5 waste, removal or sanitizing is required, it would be the responsibility of the
6 owner
7
8 . The disinterment fee for an infant burial would be $500.
9
10 . It would remain the responsibility of the funeral home to ensure that the vault,
11 its contents and marker, were removed from the premises.
12
13 (Re-interment fees (opening & closing fee) apply at today's cost.)
14 Section 3. This Resolution shall take effect immediately upon passage,
15 PASSED AND ADOPTED this _ day of March, 2008.
16
17 CITY OF BOYNTON BEACH, FLORIDA
18
19
20 Mayor - Jerry Taylor
21
22
23 Vice Mayor - Jose Rodriguez
24
25
26 Commissioner - Ronald Weiland
27
28
29 Commissioner - Woodrow L. Hay
30
31
32 Commissioner - Marlene Ross
33 ATTEST:
34
35
36 Janet M. Prainito, CMC
37 City Clerk
38
39
40 (Corporate Seal)
41
:\CA \RESO\Cemetery Rates(disinterments)(021208) .doc
VII-CONSENT AGENDA
ITEM CI7
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
o December 18, 2007 December 3, 2007 (Noon) o February 19, 2008 February 4, 2008 (Noon)
o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January 15, 2008 December 31,2007 (Noon) o March 18,2008 March 3, 2008 (Noon)
o February 5, 2008 January 14,2008 (Noon) i:8J April 1, 2008 March 17,2008 (Noon)
0 Announcements/Presentations [gI City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize City Manager to sign tax credit application on behalf of Auburn Group for
Development of Lot 17 in Quantum Corporate Park. Proposal is for construction of 100 units of age restricted apartments,
EXPLANA TION: The City Manager received the attached letter from the Auburn Group dated March 24, 2008 requesting
sign-off of tax credits to be used for Auburn's application for Low Income Housing Tax Credits as required by the Florida
Housing Finance Corporation. Staff just received this request, which is time sensitive and will have a final assessment on the
request in time for the meeting next week.
PROGRAM IMPACT: Staff is verifying that the proposed development of residential on Lot 17 conforms to the Quantum
Master Plan NOPe.
FISCAL IMPACT: If the request is for waiver of building permit fees, the General Fund, by statute will need to cover the
cost. However, the approach will be to seek in-kind or other soft costs as credits.
AL TERNA TIVES: Do not authorize the approval of the tax credit application.
~
Department Head's Signature City Manager's Signature
Assistant to City Manager
Department Name City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION R08-
2
" A RESOLUTION OF THE CITY COMMISSION OF THE
.:l
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 AND DIRECTING THE CITY MANAGER TO EXECUTE A
6 TAX CREDIT APPLICA TION ON LOT 17 IN THE
7 QUANTUM CORPORATE PARK TO ASSIST THE
8 AUBURN GROUP IN APPLYING FOR LOW INCOME
9 HOUSING TAX CREDITS; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, The Auburn Group has requested that the City of Boynton Beach sign-off
14 on tax credits to be used for Auburn Group's application for Low Income Housing Tax Credits
15 as required by the Florida Housing Finance Corporation; and
16 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
17 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
18 authorize the City Manager to execute the tax credit application on behalf of the Auburn Grour
19 for Development of Lot 17 in Quantum Corporate Park to be used for Auburn Group's
20 application for Low Income Housing Tax Credits as required by the Florida Housing Finance
21 corporation.
22 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
j" THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT:
~.:l
24
25 Section 1: The foregoing "Whereas" clauses are hereby ratified and contlrmed 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 hereby
29 authorizes the City Manager to execute a tax credit application on behalf of the Auburn Group
30 for Development of Lot 1 7 in Quantum Corporate Park to be used for Auburn Group',
S\CA\RESO\Low Income Housing Ta"X Credits (Auburn Group).doc
! I
1 application for Low Income Housing Tax Credits as required by the Florida Housing Finance
2 corporation, a copy of which is attached hereto as Exhibit "A".
3 Section 3: This Resolution shall take effect immediately upon adoption.
4
5 PASSED AND ADOPTED THIS _ day of April, 2008.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Woodrow L. Hay
20
21
22 Commissioner - Marlene Ross
23
24 ATTEST:
25
26
27
28
29 Janet M. Prainito, CMC
30 City Clerk
31
32
33
34 (Corporate Seal)
S:\CA\RESO\Low Income Housing Tax Credits (Auburn Group).doc
.
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March 24, 2008
City of Boynton Beach
Attn: Kurt Bressner, City Manager
100 E, Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Village at Quantum Apartments (100 age restricted units at Gateway and Quantum)
Dear Mr. Bressner.
Thank you so much for helping us to facilitate this last minute Tax Credit Application on Lot 17 111 The
Quantum Corporate Park. Attached you will find certification forms to complete our application for
Low Income Housing Tax Credits (LIHTC). These forms are required by the Florida Housing Finance
Corporation as part of our request for funding. The certification forms include verification of utilities
(water, sewer, and roads), verification oflocal housing incentives, and qualification as urban in-fill.
We would like to receive these signed forms back by April 1 S\ as the Application needs to be sent to
Tallahassee by April 4th,
I have also included Form UA10l6, which is the Contribution of Fee Waivers. A total of $200,000
must be contributed at the local level in order to satisfy the State requirement. This amount can come
from a variety of sources, totally up to you, as long as they can be detennined. (See Florida Housing
Rules attached). This "In-Kind" contribution by The City of Boynton Beach will bring in as much as
$6,000,000 in LIHTC equity.
1 appreciate your cooperation and look forward to working with you, so please do not hesitate to
contact me at 561-843-4700 if you have any questions or would like to get together. Thank you in
advance.
Best Personal Regards,
--- 0 ~~) z~)
-::>
~ ---
Dawn Guzzetta
Governmental Affairs
Cc: Mayor Taylor
777 E. Atlantic A venue. Suite 2UO
Telephone: (561) 27~-:~901 F'\X: (561) 278-3903 Email: Tomll fahinct
To be eli~ible to recei\e 5 points. all other .-'\pplicants must obLJin a Local Government
contribution equal to or greater than the amounts listed on the County Contribution List
and demonstr3.te such contribution by IXo\iding the properly completed and executed
Local Go\ernment Verification of Contribution form(s) To qualit~ for points. the
amount 0 f the con tri bution st3.ted on the app I icab le form( s) must be a prec ise do llar
amount and cannot include \\ords such as estimated. up to, max.imum of. not to ex.ceed,
etc., and each Local Go\ernment Verification of Contribution form must reflect the
following dates:
. the effective date of the Local Go\.ernment commitment and or fee waiver (date
must be on or before the Application Deadline): and
. the term of the commitment and'or fee \vaiver (the commitment and or fee \vaiver
must be effective at least tlu'ough December 31, :2008)
( I ) Provide the Local Govel11ment Verification of Contribution -- Grant f011TI
behind a tab labeled "Exhibit 43";
(2) Provide the Local Govel11ment Verification of Contribution - Fee Waiver
form behind a tab labeled "Exhibit 44";
(3) Provide the Local Government Verification of Contribution - Loan f01111
behind a tab labeled "Exhibit 45"; and/or
(4) Provide the Local Govelw11ent Verification of Contribution - Fee Defenal
form behind a tab labeled "Exhibit 46".
To be considered complete and eligible for points, the following documentation,
as applicable, must be attached to the Local Go.velwnent Verification form:
. The payment stream for all present value calculations (if contribution
consists of a loan or defen'ed fee );or
. the calculations by which the total amount of each waiver is detennined
(if contribution consists of a fee waiver)
In order to be eligible for points for a Local Gowl11ment contribution, the contribution
must provide a tangible economic benefit that results in a quantifiable cost reduction and
must be given specifically because the Development will provide affordable housing
Local GO\enU11ent contributions that are not specifically made for the benefit of
affordable housing but are instead of general benefit to the area in which the
Development is located will1\OT qualify as a contribution to the De\elopment. FU11her.
the fact that no impact fees or other such fees are ie\ ied by a local jurisdiction for A?\Y
type of de\elopment DOES ?\01 constitute a "Local Go\ernment Contribution" to the
pmposed De\e\opment. Similarly. if such fees ARE le\ied by the local jurisdiction but
the nature of the proposed De\elopment ex.elllpts it Ie g.. typic3.11y. a Rehabilitation
De\elopment is not subject to impJCt fees). for purposes of this form. no "Local
GO\ emment Contribution" ex.ists anclno points \\ill be a\\arclecl. In addition. the absence
L-\!I)ih(f~\.'\ _~-ClS ~'7
;, - ...:.: ~(',-: 6'" _21 =:3 . 'Ia :: CI. C - ,
2008 U."IVERSAL CYCLE - LOCAL GOVERN\IE."T VERIFlCA TIO", OF
CO-'TRIBUTIO", - FEE WAIVER
To be eligible to he considered for points, a sheet showing the computations by which the total amount of
each fee waiver is determined must be attached to this verification fOI'm, Computations should include.
where applicable, waived fee amount per set-aside unit,
),'ame of De,;elopment: Village at Quantum
Quantum Bl and Gateway BL Boynton Beach, FL 33426
Development Location:
(At a ffilllimum. provIde the address assigned by the United State, Postal Ser>.lce. mcludmg the address number. street name and elf',". or If the
address has not yN been as;igned. provide the 'treet name. clo,e" designated liller,ection and Clt\")
Amount of Fee .Waiver: $ Is this amolUlt based upon a per set-aside (affordable I unit
computation') Cl yes o no (check one)
On or before the Cit;f'County' of . pursuant to
Date (llll1lddyyyy) ("ame of C1r:,.COllllty)
, \Vaind the following fees:
(Reference OffiClal Action, cite Ordinance or Resolution NlUnber and Date)
),'0 consideration or promise of consideration has been given with respect to the fee \Vaiver. For purposes of the
foregoing. the promise of providing affordable housing does not constitute consideration. This fee waiver is
provided specifically with respect to the proposed Development.
The following goye11l1llent point of contact can verify the above stated contribution:
Name of GoveI11ll1ent Contact:
Address:
Telephone Number:
CERTlFICA TION
I certify that the foregoing information and the computations stated on the sheet attached to this form are true and
conect and that this conurutment is effective tlu'ough
Date (mmiddiyyyy)
Signature Date (mmidcliyyvy) Print or Type 1\"ame
Telephone Number Print or Type Title
KOTE TO LOCAL GOVERc."D.1ENT OFFICLi\L: \\'ai...er, that are not ,-pecificaUy made for the benefit of th"
De...elopment but are instead of general benefit to the area in \vhich the Development is located will NOT qualifj as a
contribution to the Development. Fmther. the fact that no impact fees or other fees are levied by a local jurisdiction for A~ I'
type of development DOES NOT constitute a "Local Gonrnment Contribution" to the proposed De'idopment. Similarly. if
such fees .t\RE levied by the local jurisdiction but the nature of the proposed De,,-dopllleut exempts it (e.g.. typically, a
Rehabilitation Development is not subject to impact feesl. for purposes of tills form. no "Local GovenUllent Contribution"
exists and no points will be awarded.
This certification 111mt be signed by the clllef appointed official (staff) responsible for such approvals. .\fayor. City Manager.
County I\.1anagerAdnlllllstrator'Coordinator. Chairperson of the City CotUlcilConlllllssion or Chairperson of the Board oi
County Commissioners. Othet. signatories are not acceptable. TIle Applicant will not recein credit for tills contribution if the
cettification is improperly signed. To be considered for points. the amount of the contribution stated on tIllS form must be '1
precise dollar amount and cannot include \vords such as estimated. up to. maximum of not to exceed, etc
This contribution will not be considered and the Application will fail threshold if the cel1ification contains COlTectwlls
'white-out' or if the certitlcation is scannecL imaged. altered. or retyped. The celtitlcatioll may be photocopied.
The Application may still be eligible for automatic points.
UAI016 (Re\" 3-08) Exhibit ++
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6;-JSQC.l(1:(;tJ: 6"7 -2LOI)30 1(;1>. FA C
2008 UNIYERSAI. CYCLE - 1.0C.\L GOVERNMENT VERIFIC.\TION OF
QlIALlFICATIOl't AS URBAN IN-FILL DEYEI.OI'MENT
Name of Development: Villa'.!e at Quantum
Quantum 81 and Gateway Bl, Boynton Beach. FL 33426
Development Location:
(At a minimum, provtde the address as>igned by the United States Postal S",vice, including the address number, street name and city, or if the
address has not yet been assigned. provi& the street name, closest &signated intersection and city)
Local Govermnent: City of Boynton Beach
The City/COllity of Boynton Beach confuUls that the Development
(Name of City or County)
identified above meets the following criteria:
1. The proposed Development is located on a site or in an area that is targeted for in-fill housing
or neighborhood revitalization by the local, county. state or federal govermnent as evidenced
by its inclusion in a HUD Empowerment/Enterprise Zone; a HOO-approved Neighborhood
Revitalization Strategy; Florida Enterprise Zone: area designated under a Community
Development Block Grant (CDBG): area designated as HOPE VI or a Front Porch Florida
Community; or a Community Redevelopment Area as described and defined in the Florida
Community Redevelopment Act of 1969: or the proposed Development is located in a
qualified census tract and the development of which contributes to a concerted community
revitalization plan: and
2. the site is in an area that is already developed and is part of an incorporated area or existing
urban service area; and
~ The proposed Development is not located within the Small County Category.
,J,
CERTIFICATION
I certify that the above information is tTIle and correct.
Signature Print or Type Name
Date (=ddiyyyy) Print or Type Title
This certit1cationmust be signed by the chief appointed ofticial (staff) responsible for such approvals.
Mayor, City Manager. County rvIanager/Administrator! Coordinator. or Chairperson of the City
Cotlicil or COllity Commission. Other signatories are not acceptable. If this cel1it1cation is
inappropriately signed. the Application will not qualify as an Urban In-Fill Development.
If the cel1ification contains corrections or 'white-out' or if it is scanned. imaged, altered. or retyped. the
Application \vill fail to qualify as an Urban In-Fill Development and will fail threshold, The
certit1cation may be photocopied.
UAI016 (Re\' 3.08) Exhibit 21
67~3OC.l(1)(,); 67.21.003(1)(,), F.A.C.
2008 UNIVERSAL CYCLE - VERIFICATION OF A VAILABIUT\"
OF INFRASTRUCTURE - \VATER
Name of Development: Village at Quantum
Development Location: Quantum BI and Gateway Bl. Boynton Beach. FL 33426
(At a lll11l1ffiUm, provide the address assigned by the Umted State<; Postal SerVIce, indudmg the address number. street name and CIty or ,f the
address has not yet been assigned. provide the street name, dosest designated mtersecuon and city)
The lmdersigned service provider confmns that on or before 01/0 I i:W08
Date (='<kLyyvy)
1. Potable water is available to the proposed Development.
"\ There are no impediments to the proposed Development for obtaining potable
_.
water service other than payment Ofllook-up or installation fees. line extensions to
be paid for by the Applicant in connection with the constl1lction of rhe
Development, or other such routine administrative procedure.
3. To the best of our knowledge, no Valiance or local hearing is required to make
potable water available to the proposed Development.
4. To the best of our knowledge. there are no moratoriums pertaining to potable
water which are applicable to the proposed Development.
CERTIFICA TION
I certify that the foregoing infonnation is tl1le and conect.
C itv of Bovnton Beach
Signahlre Date (mm/ddcyyyy) Name of Entity Providing Service
--------------------- _!...Q.QJ;, Boynton BeachJ2h:~L____________
Print or Type Name Address
Boynton Beach. FL 33435
Print or Type Title
(561)742-6010
Telephone Number (including area code)
TIllS certificatio1l1l1ay not be signed by the Applicant, by any related parties of the Applicant. or by any Principals
or Financial Beneficiaries of the Applicant. In addition. signahll'es from local elected officials are not acceptable.
If the certification is applicable to this Development and it is inappropriately signed. the Application will fail
threshold.
If tIllS cel1ification contains cOlTections or '.white-out'. or if it is scmmed. imaged. altered. or retyped. the
Application will fail to meet threshold. The certification may be photocopied.
UA1016 (Re,. 3-08) Exhibit 29
6:-..48_GC..t(1)(a): 6:-~1003(1)(];, F.A.C
2008 UNIVERSAL CYCLE - VERIFICATION OF A \' AILABILITY 0 F
I~FRASTRUCTURE - SEWER CAPACITY. PACK\GE TREATMENT, OR SEPTIC TANK
Name of Development: Village at Quantum
Quantum BI and Gateway BI, Boynton Beach. FL 33426
Development Location:
(At a mmimum, provide the address assigned by the United States Postal Service, including the address number, street name and clly, or if the
address has not yet been assigned, provide the street name, close'l designated intersection and city)
The undersigned selvice provider or penllitting authority confmns that on or before 01/01/2008
Date (mm/ddlyyyy)
l. Sewer Capacity, Package Treatment, or Septic Tank is available to the proposed
Development.
'I There are no impediments to the proposed Development for obtaining the specified
waste treatment service other than payment of hook-up or installation fees, line
extensions to be paid for by the Applicant in connection with the construction of the
Development, or other such routine administrative procedure.
3. To the best of our knowledge, no variance or local hearing is required to make tills
service available to the proposed Development.
4. To the best of our knowledge, there are no moratoriums pertaining to this service.
which are applicable to the proposed Development.
CERTIFICA nON
I celtify that the foregoing information is true and correct.
City of Boynton Beach
Signature Date (mm/ddiyyyy) Name of Entity Providing Service
100 E. Boynton Beach~.fUyd.
Print or Type Name Address
Boynton Beach. FL 33435
Print or Type Title
(561) 742-6010
Telephone Number (including area code)
Tllis celtification may not be signed by the Applicant, by any related parties of the Applicant, or by any Principals
or Financial Beneficiaries of the Applicant. In addition, signatures from local elected officials are not acceptable,
If the certification is applicable to this Development and it is inappropriately signed. the Application will fail
threshold,
If this certification contains corrections or 'white-out'. or if it is scanned. imaged. altered, or retyped. the
Application will fail to meet threshold. The certification may be photocopied.
UAI016 (Re,' 3-08) Exhibit 30
67-48.0C4(1X3); 67.11.003(1)(3) F.AC
2008 UNIVERSAL CYCLE - VERI fiCA nON OF AVAILABILITY OF
INFR>\STRUCTURE - ROADS
Name of Development: Village at Quantum
Quantum Bl and Gateway BL Boynton Beach. FL 33426
Development Location:
(At a minimum, provide the address assigned by the Umted States Postal SefYlce. includmg the address number. street name and City, or If the
address has not yet been assigned, proYide the street name, closest de51gnaled llllersectlon and cIty)
The undersigned local govemment representative confinns that on or before o liO 1"2008
Date (mmd&yyvv)
l. Existing paved roads provide access to the proposed Development or paved roads
will be constmcted as part of the proposed Development.
., There are no impediments to the proposed Development using the roads other than
_.
payment of impact fees or providing curb cuts. mrn lanes. signalization. or
securing required final approvals and permits for the proposed Development.
~ The execution of this verification is not a granting of traffic concurrency approval
_1.
for the proposed Development.
4. To the best of our knowledge. there are no moratorimlls pertaining to road usage
which are applicable to the proposed Development.
CERTIFICA TION
I cel1ify that the foregoing information is true and correct.
City of Boynton Beach
Signature Date (nun/ddiyyyy) Name of Local Govemment
------------------------ JQ~~~tonB~~~~h________________
Print or Type Name Address
Boynton Beach. Fl. 33435
Print or Type Title
(561 \ 742-60 LO
Telephone Number (including area code)
This certification may not be signed by the Applicant. by any related parties of the Applicant, or by any Principals
or Financial Beneficialies of the Applicant. In addition. signatures from local elected officials are not acceptable.
If the certification is applicable to this Development and it is inappropriately signed. the Application will fail
threshold.
If tills cenification contai1l5 corrections or 'white-out', or if it is scanned. imaged. altered. or retyped. the
Application \yill fail to meet threshold. The ce11ification may be photocopied.
UA1016 (Re,. 3-08) Exhibit 31
6:.4S_8\~(l){3): 6'7-~l003(l)(,l) F.~~_C
2008 tINIVERSAL CYCLE - LOCAL GOVERNMENT VERIFlCA nON OF AFFORDABLE
HOt!SING INCENTIVES EXPEDITED PER\IITTlNG PROCESS FOR AFFORDABLE HOl'SING
Name of Development: Village at Quantum
Quantum Bl and Gateway Bl, Boynton Beach, FL 33426
Development Location:
(At a mmimum, provide the address assigned by the Uruted States Postal Sen.ice. includmg the address number. street name and cny. Ot if the
address has not yet been assigned. provide the street name, closest designated intersectIOn and city)
Name of City or County Government: City of Bovnton Beach
Name of Jurisdiction that will issue building permits: City of Bovnton Beach
The City!COlU1ty of City of Bovnton Beach cun-ently administers an expedited
(Name of City or County)
pennitting process for affordable housing enacted by
(Ordinance. Resolution Number or citation of policy)
adopted
Date (ll1111/dd/yyyy)
CERTIFICA TION
I certify that the above information is tme and COITect.
Signature Print or Type Name
Date (mm/dd!yyyy) Print or Type Title
This certitlcation must be signed by the chief appointed official (staft) responsible for issues related to
this incentive, Mayor, City Manager, County Manager/Administrator/Coordinator, or Chairperson of
the City CounciVConunission or Chairperson of the Board of County Commissioners, Other
signat0l1es are not acceptable, Zero points will be awarded if the certification is improperly signed,
Signatory must be a representative of the local government that has enacted the incentive. For
purposes of this form only. if a Development is located within a municipality but the incentive is not
available in the city, Applicant may use county incentive. For example, if a Development is located in
a town which does not have impact fee requirements but the county has such requirements and they
have a reduction or waiver of these fees for at fordable housing. the Applicant may submit a properly
executed Local Government Verification of Affordable Housing Incentives Fonn from the COlUlty.
The Applicant will not receive credit for this incentive and the Application will fail threshold if the
certification contains cOITections or 'white-out' or if the certification is scanned. imaged. altered. or
retyped. TIle certitlcatioIlmay be photocopied.
UAI016 (Re,- 3-08) Exhibit 47
67~.004(1){a): 67~21.003(I)(a). F.A.C.
2008 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIfICATION OF AFFORDABLE
HOUSING INCENTIVES CONTRIBUTIONS TO AFFORDABLE HOUSING PROPERTIES
OR DEVELOPMENTS
Name of Development: Villal.!e at Quantum
Quantum Bl and Gateway B1. Boynton Beach, FL 33426
Development Location:
(At a nllnlmulll, provide the address assIgned by the Utllted States Postal Se-r;lce, mdudmg the address number. street name and cll". or If the
addre" ha, not yet been assigned. provIde the 'treet name. dosest de>>gnated mter,eCllon and ell".)
Name of City or County Govel11ment: C itv of Bovnton Beach ----
The referenced Local Govel11ment has an on-going: and cunent process for providing contnbntions to
affordable housing properties or developments.
CERTlFICA TlON
I cel1ify that the above infol111ation is true and coneeL
Signahlre Print or Type Name
Date (mm/ddlyyyy) Print or Type Title
This certification must be signed by the chief appointed official (staff) responsible for issues related to
this incentive. Mayor. City Manager. Calmty Manager/Administrator/Coordinator. or Chairperson of
the City Cotmcil/Commission or Chairperson of the Board of Calmty Commissioners. Other
signatories are not acceptable. Zero points will be awarded. Signatory must be a representative of the
local govemment that has enacted the incentive. For purposes of this fOllli only. if a Development is
located within a municipality but the incentive is not available in the city. Applicant may use cOlmty
incentive. For example. if a Development is located in a to\Vll \vmch does not have impact fee
requirements but the calmty has such requirements and they have a reduction or waiver of these fees
for affordable housing, the Applicant may submit a properly executed Local Govel11ment Verification
of Affordable Housing Incentives F0l111 from the county.
The Applicant will not receive credit for this incentive and the Application will fail threshold if the
cel1ification contains conections or 'white-out' or if the certitlcation is scanned. imaged. altered. or
retyped. The certification may be photocopied.
UA1016 (Rev 3-08) Exhibit 48
6;.4S,0C.ln}(~!: 5-:-~l.OQ3(TI(J\.:- .~.,c
2008 UNIVERSAL CYCLE - LOCAL GOVERNJ\IENT VERIFICATION OF AFFORDABLE
HOUSING INCENTIVES MODI FICA nON OF FEE REQUIREMENTS FOR AFFORDABLE
HOUSING PROPERTIES OR DEVELOPMENTS
Name of Development: Vil1a~e at Quantum
QuantmTI Bl and Gateway Bt Boynton Beach. FL 33426
Development Location:
(At a minimum.. provick rhe address assIgned by the United State, Postal Service. mcludmg the address number. street name and cIty. or If the
address has not yet been assigned, provide the street name, closes! designated inter;ection and city)
Name of City or County Government: City of Boynton Beach
The referenced Local Government currently makes available to affordable housing properties or
developments the modification of fee requirements. including a reduction or waiver of fees and alternative
methods of fee payment.
CERTlFlCA nON
I certify that the above infonnation is true and correct.
Signa hIre Print or Type Name
Date (lmnldd/yyyy) Print or Type Title
This certification must be signed by the chief appointed official (staff) responsible for issues related to
this incentive. Mayor. City Manager, County Manager! Administrator/Coordinator. or Chairperson of
the City Council/Commission or Chairperson of the Board of Cmmty Commissioners, Other
signatories are not acceptable. Zero points will be awarded. Signatory must be a representative of the
local government that has enacted the incentive. For plU-poses of this form only. if a Development is
located within a municipality but the incentive is not available in the city, Applicant may use cOlmty
incentive. For example. if a Development is located in a town which does not have impact fee
requirements but the county has such requirements and they have a reduction or waiver of these fees
for affordable housing, the Applicant may submit a properly executed Local Government Verification
of Affordable Housing Incentives Fonn from the county.
The Applicant will not receive credit for this incentive and the Application will fail threshold if the
ce11ification contains cOlTections or 'white-auf or if the certification is scall1led. imaged. altered. or
rety-ped. The certification may be photocopied.
UA1016 (Re\' 3-08) Exhibit 49
67~g.0C4(1)(,,): 67~lL003(l!(a). F_A.C
2008 tJNIVERSAL CYCLE - LOCAL GOVER:"iME~T VERIFICA no:\ OF AFFORDABLE
HOUSING INCENTIVES IMPACT OF POLICIES, ORDINANCES, REGULA nONS. OR PLA~
PROVISIONS ON COST OF AFFORDABLE HOUSING PROPERTIES OR DEVELOPMENTS
~ame of De\'elopment: Villa>.!e at Quantum
Quantum Bl and Gateway BL Boynton Beach. FL 33426
De\'elopment Location:
(At a minimum. pronde the addre" as.igned by the UnIted State<; Postal SeriIce, mdudmg the address number street name and CIty Ot ,f the
address ha~ not yet been assigped, provide the street name, cloSoe'it designated inte:rsection and CIty.)
~allle of City or County Government: City of Bovnton Beach
The referenced Local GO\'eI111nent cUITently has a proces" established by ordinance. resolution. plan. or policy.
that requires consideration of the impact of proposed policies. ordinances. regulations. or plan provisions on the
co,t of affordable housing prior to adoption of such policies, ordinances. regulations. or plan provision,.
CERTIFICATION
I ceI1ify that the above infonnation is true and COITeet.
Signature Print or Type Name
Date (lllI1l/dd/yyyy) PImt or Type Title
This certification must be signed by the chief appointed official (staff) responsible for issues related to
this incentive, Mayor, City tv'1anager. County Manageri Administrator/Coordinator. or Chairperson of
the City Council/Commission or Chairperson of the Board of CalUlty Commissioners, Other
signatories are not acceptable. Zero points will be awarded. Signatory must be a representative of the
local govenmlent that has enacted the incentive, For purposes of this form only, if a Development is
located within a municipality but the incentive is not available in the city, Applicant may use county
incentive, For example, if a Development is located in a to\\o'n which does not have impact fee
requirements but the CalUlty has such requirements and they have a reduction or waiver of these fees
for affordable housing. the Applicant may submit a properly executed Local Govemment Verification
of Affordable Housing Incentives Fonn from the county.
The Applicant will not receive credit for this incentive and the Application will fail threshold if the
ce11ification contains conections or 'white-out' or if the certification is scanned. imaged. altered, or
retyped. The certification may be photocopied.
liAl0l6 (Rey 3-08) Exhibit 50
6"7-1.S.OC.10'{a): 6:-:10030)fJ). r_.:'~.C
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEAC...
AGENDA ITEM REQUEST FORM
Requested City Commissionl Date Fina] Form Must be Turned i! Requested City Commission ty Date Final Form Must be Turned IT
Dates Clerk's Office Dates Clerk's Office
D December] 8, 2007 December 3, 2007 (Noon) D February] 9, 2008 February 4,2008 (Noon)
D January 2, 2008 December] 7,2007 (Noon) D March 4, 2008 February] 9,2008 (Noon) ~J
0 G-i
Cc) -1-<
D January] 5,2008 December 3], 2007 (Noon) D March] 8, 2008 March 3, 2008 (Noon) ::r.: -<0
;p.. :--; -,..,
::0
D i;gj April], 2008 March 17,2008 (Noon) - CO
February 5, 2008 January ]4, 2008 (Noon) :::J
f'0 ::;::: ...~<
-0 v~:::~
~,:. -,
D i\ru1olUlcementsfPresentations D City Manager's Report r"" .-........
- ~,m
..
NATURE OF D Administrative D New Business f'0 -- ".,
iJ"::>
AGENDA ITEM i;gj D w rrin
Consent Agenda Legal ::c
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the recommendation of the Code Compliance Boal"d to abate the nuisance as
provided for in Chapter 2, Section 2-79 (a). (Enclosed as City's Exhibit "A")
EXPLANATION: Code Compliance case 07-3516 was presented to the Code Compliance Board at their February 20, 2008
meeting (Minutes attached as City's Exhibit "B") for violations of our Code of Ordinances with respect to a vacant unsecured
single family dwelling located at 418 NW 13th Avenue. The property is subject to a Notice of Lis Pendins filed in July of 2007,
but the foreclosure action has not been finalized. Attempts by staff to persuade the plaintiff in the foreclosure action to
remedy the violation weren't successful.
This request for approval involves "piggybacking" an existing contract between the City of West Palm Beach and Anchor's
Emergency Board Up Services (enclosed as City's Exhibit "C") for an amount not to exceed $1,100.00. This figure represents
charges of $914.00 to board up 12 existing openings with an allowance for "re-boarding" at the $35.00 per hour rate noted on
the bid proposal page. Code Compliance utilized Anchor's Emergency Board Up Services a number of years ago for several
projects with no problems noted. The enclosed contract is good through October, 2008.
PROGRAM IMPACT: Securing this house will alleviate the nuisance activity in the building and provide a safer
environment for adjoining residents.
FISCAL IMPACT: Funds will be used from the Code Compliance Lien Appeal Account (691-5000-590-04-43) that has a
current balance of $12,537.76 and is derived from application fees paid by applicants seeking reduction of Code Compliance
Liens.
AL TERNATIVEr;;f; th, buUd;ng u","urod. ~4'Q~
epartment Head's Signature ity Manager's ~gnature
Assistant to City Manager
Department Name City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Pagelofl
Sec. 2-79. Administrative fine; liens. e ~hlb',+ 1\ A II
(a) The enforcement board, upon notification by the code inspector, that an order of the
enforcement board has not been complied with by the said time, or, upon finding that a repeat violation
has been committed, may order the violator to pay a fine not to exceed one thousand dollars ($1000.00)
per day for a first violation and not to exceed five thousand dollars ($5000.00) per day for a repeat
violation and up to fifteen thousand dollars ($15000) per violation if the code enforcement board finds
the violation to be irreparable or irreversible in nature for each day the violation continues past the date
set by the enforcement board for compliance or, in the case of a repeat violation for each day the repeat
violation continues beginning with the date the repeat violation is found to have occurred by the code
inspector. In addition, if the violation is a violation described in section 2-76(c), the enforcement board
shall notify the city commission, which may make all reasonable repairs which are required to bring the
property into compliance and charge the violator with the reasonable cost of the repairs along with the
. fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the
part of the city to make further repairs or to maintain the property and does not create any liability
against the local governing body for any damages to the property if such repairs were completed in good
faith.
http://www.amlegal.com/nxt/gateway,d ll/Floridalboynton/p artiicodeo fordinances/ chapter2. . . 2/26/2008
Nuisance Abatement Board Portion of the Code Compliance Board Meeting
of February 20, 2008
e.'~ ~')t); --\- \\ ~ II
Pete Roy: Page 19, Case 07-3516. Location of the violation: 418 NW 13th Avenue,
Boynton Beach, FL. Property owner according to the Palm Beach County Property
Appraiser's Office is Marie F. Lane, 418 NW 13th Avenue, Boynton Beach, Florida. The
violation and section of the Code are as stated in the Notice of Violation. The City
recommends 10 days, 3/1/08, but before you make a.... we are requesting that the
board render an order in this case pursuant to Boynton Beach Code of Ordinances,
Chapter 2, Article V-Section 2-79, to recommend to the City Commission that the City
will abate the nuisance by making all reasonable repairs to bring the property into
compliance and charge the violator for the costs and repairs along with the fines
incurred for this case.
Chair Costantino: Do we have to adjourn as the Code Board and reconvene as
Nuisance Abatement?
Attorney Cherof: Yes you do. You recess.
Chair Costantino: Need a motion to recess.
First Vice Chair Yerzy: Motion to recess. Ms. Carroll seconded the motion.
Chair Costantino: All in favor. All opposed: Motion carries.
Chair Costantino: Called the Nuisance Abatement Board to order. Pete, do you want to
reestablish this case for abatement?
Pete Roy: Just read what I read before or you want the whole thing?
Pete Roy: Page 19, Case 07-3516. Location of the violation: 418 NW 13th Avenue,
Boynton Beach, FL. Property owner and address according to the Palm Beach County
Property Appraiser's Records is Marie F. Lane, 418 NW 13th Avenue, Boynton Beach,
Florida. The violation and section of the Code are as stated in the Notice of Violation.
The City recommends 10 days, compliance date 3/1/08.
Chair Costantino: Identify yourself. Thank you.
Chair Costantino: We have heard the charges and we need to forward this to the City
Commission for abatement? Is that what we... Jim, I've never done one of these, so
I'm...
Attorney Cherof: Yeah, you have to have a finding that there is a need for abatement
of the violation so you could confirm, you can make a motion to adopt the testimony of
1
Nuisance Abatement Board Portion of the Code Compliance Board Meeting
of February 20, 2008
the Code Officer as to the matter of the abatement and then include in that to direct
the City Commission to take action on it.
M r. Foot: We have to adopt the testimony received from the City's inspector and
request the City Commission to render abatement?
Attorney Cherof: Yes, sir.
First Vice Chair Zerzy: Second.
Chair Costantino: Can we also make sure that Pete's file is part of that record so
there's no, so they have all the backup material and everything. Okay?
Mr. Foot: So moved. Mr. Zerzy: Second.
Chair Costantino: All in favor. All opposed. Motion carries.
Chair Costantino: We'll adjourn the Nuisance Abatement Board, and I call back to order
the Code Compliance Board.
Chair Costantino: Is there anything left on this case that you want us to handle?
Pete Roy: I don't know what you're going to do about the 10 days, but that's going to
be part of the abatement thing or...
Ms. Carroll: Guilty, 10 days and $500 a day?
Chair Costantino: Can we double?
Attorney Cherof: No, you can't.
Chair Costantino: Okay, then it's in the hands now of the City Commission to abate the
nuisance.
Attorney Cherof: Right.
Chair Costantino: Okay, next case.
2
,. !
,.
,.
~,
MEMO '7('!ln FTS ?7 Nl 'O-?O
L"""io..J . ....;..._ '_ .';J I . _
OFFICE OF THE CITY ATTORNEY
To: Lois J. Frankel, Mayor
From: Claudia M. McKenna, City Attorney
Nancy D. Urcheck, Deputy City Attorn,- .....-"~
' / [1i7 '~. ...~
File No.: 102.05-02137jhrh f .\i. 'u .i I
October 4, 2005 \ ".. ';-'~.ach
Date: '\ 'r: C",\: Of /
\. . -.., )',
" 1 l.t.: Ji!f,,~..
, . ~" 'Or
Re: Execution of Contract ".'~,__7
Annual Contract for Board & Secure Services
Anchors Emergency Board-Up Services
$125,000.00
Transmitted herewith for your signature are two (2) original Contracts as described above. The
Contract has been reviewed and approved for legal sufficiency. You are authorized to sign these
Contracts pursuant to the Procurement Code.
After you have executed these Contracts, kindly have your office send the documents, along with
this attachment, to the City Clerk's Office.
To: Blane Kauthen, City Clerk ~
Thru: Nancy D. Urcheck, Deputy City Attorney
From: Jennifer H.R. Hunecke, Assistant City Attorney~
Transmitted herewith are multiple original Contracts executed by the Mayor. Please take the
actions indicated with respect to these documents:
X Attest to the execution of the Contract by the Mayor.
--X- Date the Contract as of the date of execution by the Mayor.
The Mayor is authorized to execute the Contract in accordance with:
- Commission approval.
-2L Procurement Code.
Estimated contract completion: October 2007. unless renewed.
After attestation, PI~ retain one (1) original as a public record, and kindly forward the other
original Contract to Uennifer H. R. Hunecke. Assistant City Attornev.
Please call rne ~ you have any concerns. Thank you. iDrwCJYcw CY'e.. OYl .s liU ( '-fa
F:\SFrier\MAYOR MEMOS\FORMS\MayorKMemO-Anchors 2005.doc .JcM', ...fey ~t lXQCJZJ2- G'l
I 0 I J <1 dCDS
t: ,~\\', b ',-\- \\ ( II
ANNUAL CONTRACT FOR BOARD & SECURE SERVICES
THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM
BEACH, a municipal corporation ofthe State of Florida, whose address is 200 2nd Street, West Palm
Beach, Florida 33401 (the "City") and ANCHORS EMERGENCY BOARD-UP SERVICES,
INC., a Florida corporation, whose principal and mailing address is 5311 S.W. 34th Way,
Hollywood, Florida, 33312-5537 (the "Contractor").
WITNESSETH:
WHEREAS, the City issued its Invitation to Bid No. 04/05-01 ("ITB") pursuant to state and
local law to solicit bids to provide the boarding and securing of vacant structures on an as needed
basis; and
WHEREAS, Contractor is qualified to render said services and has responded to the ITB by
submitting its bid (the "Bid"), which Bid was chosen as the best value to the City and is attached
hereto as Exhibit "I"; and
WHEREAS, the City wishes to engage Contractor to perform the services in accordance
with the ITB, the Bid, this Agreement and the specifications attached hereto (collectively, the
"Contract Documents"); and
WHEREAS, Contractor has agreed to perform the services, as described below, for the City
in accordance with the lTB, the Bid and the terms and conditions defined below,
NOW THEREFORE, in consideration of the promises and mutual covenants and
obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto
understand and agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
this reference.
2, Scope of Services. Contractor hereby agrees to furnish, on an as needed basis, all the
materials, equipment, tools, labor and incidentals necessary for the boarding and securing of vacant
private properties within the City limits, in accordance with the specifications set forth in Exhibit "7"
attached hereto (the "Services"), subject to and in accordance with the terms, conditions and
provisions of the Contract Documents. The Contractor agrees to furnish all equipment and labor
necessary for the performance of the Services in a good, firm, substantial and workmanlike manner,
in accordance with applicable specifications. No assignment nor minimum amount of work requests
or compensation is guaranteed under this Contract
Anchors Emerg. Board-Up Svcs., Inc. I
Annual Contract Board & Secure Services
02092005
2.1 Work Requests. The Code Enforcement representative will contact the Contractor and
issue a work request. The Contractor may accompany Code Enforcement personnel to the structure
to agree upon the number of openings. The work request will specifY the following: 1) number of
openings to be boarded; 2) the method of securing plywood to be used; and 3) other work to be
completed. Contractor shall perform only those tasks listed on the work request. Contractor will not
be compensated for tasks not requested by the City.
2.2 Completion ofW ork Request. The Contractor shall complete the work request within
five (5) working days from the date of the work request. Ifthe work is not completed within five (5)
working days from the date of the work request, the City reserves the right to have the work
performed by another contractor. The Contractor will give the City priority when scheduling work
assignments. An act of God (rain, hurricane, fire, catastrophe or serious illness) or refusal of the
property owner to allow the Contractor to enter on the property shall be the only acceptable reasons
for the contractor to refuse an assignment or shall be reason to grant an extension of time to the
complete the assignment. The Contractor shall take before and after photographs of every structure
assigned by the City. An instant camera photograph is acceptable.
2.3 Contractor's Additional Obligations. Upon arrival at a property where the Contractor
observes that the work listed on the work request has been completed or is in the process of being
performed, the Contractor shall not enter upon the property and shall immediately notifY the Code
Enforcement representative. If the Contractor should encounter or observe any unusual
circumstances or conditions, the Contractor shall not enter upon the property and shall notifY the
Code Enforcement representative prior to performing the assigned work. Fire hydrants on or
adjacent to the work shall be kept accessible to fire fighting equipment at all times. Temporary
provisions shall be made by the Contractor to insure the use of sidewalks, public telephones and
proper functioning of all ,gutters, sewer inlets, drainage ditches and irrigation ditches.
2.4 Acceptance of Services. Acceptance of Services performed shall be made by the City
after the Code Enforcement representative has inspected the services and determined that the work
was completed consistent with the work request and in accordance with the Contract documents and
Specifications.
3. Term. This Contract shall commence on the date last executed and shall continue and
remain in full force and effect for two (2) years unless terminated earlier as provided herein and may
be renewed, at the sole option of the City, for one (1) additional twelve (12) month period. Option
for renewal will only be exercised upon mutual written agreement and with all original terms,
conditions and prices adhered to. Unit prices will be negotiated with the Procurement Official at the
end of the first year of the initial term and may be adjusted according to the Consumer Price Index
(CPI). Any renewal will be subject to appropriation of funds by the City. This Contract will be
subject to immediate cancellation if the Services do not comply with the Specifications as stated
herein.
4. Payment. Payment will be made by the City after Services have been performed
in accordance with the requirements and provisions of the Contract Documents, accepted and
properly invoiced. The City abides by the Florida Prompt Payment Act.
Anchors Emerg. Board-Up Svcs., Inc. 2
Annual Contract Board & Secure Services
02092005
4.1 Invoices. The Contractor shall submit an invoice for each property address included
in a work request. The invoice shall include (at a minimum) the following: 1) location of the
structure; 2) the date the structure was secured; 3) number of openings; 4) size of openings; 5) unit
prices; and 6) name of who authorized the services. Contractor will not be compensated for services
not requested by the City. Before and after photographs ofthe structure shall be submitted with the
invoice. No invoice will be paid without before and after photographs of each structure.
4.2 Flat Rates. As compensation for Services rendered by the Contractor to the City, the
City shall pay the Contractor according to the flat rates per opening, as set forth with detail in the
Bid, attached hereto as Exhibit "1" and incorporated herein by this reference.
4.3 Total compensation for the Services under the initial term of this Contract shall not
exceed the amount of One Hundred Twenty-Five Thousand and 00/100 Dollars ($125,000.00).
The City reserves the right to increase or decrease this amount as necessary to meet actual
requirements. The obligations ofthe City under this Contract are subject to the availability of funds
lawfully appropriated for its purpose.
5. Equipment and Personnel. Equipment deemed defective by the Code Enforcement
Division, or its duly appointed representative, shall be promptly removed from the site. Personnel
employed either directly or indirectly by the Contractor that are deemed to be incompetent, inept or
unfit to perform the Services in the opinion ofthe Code Enforcement Division, or its duly appointed
representative, shall be promptly removed from the Services under this Contract. Failure of the
Contractor to remove defective equipment or incompetent personnel may result in the termination of
this Contract with cause.
6. Termination. The City shall have the right to terminate this Contract, in whole or in
part, with or without cause, upon ten (10) days written notice to the Contractor. In the event of
termination, the City shall compensate the Contractor for all authorized Services satisfactorily
performed through the termination date under the payment terms set forth herein. The City will have
no further obligations to Contractor and Contractor will have no claims against City,
7. City's Right to Correct or Complete Services. If the Contractor should neglect to
prosecute the Services properly or fail to perform any provisions ofthis Contract, the City, after three
calendar days written notice and opportunity to cure to the Contractor, may, without prejudice to any
other remedy City may have, make good these deficiencies and may deduct the cost thereof from the
payment then or thereafter due the Contractor.
8. Damage to Persons or Property. The Contractor shall at all time guard against
damage or loss to the property ofthe City or other owners and shall be held responsible for replacing
or repairing any such loss or damage. The City may withhold payment or make such deductions as
deemed necessary to insure reimbursement or replacement for loss or damage to property through the
negligence of the Contractor or its agents or employees. Any damage caused by the Contractor's
vehicles, equipment or employees to City property or to public property shall be promptly repaired
and restored to the pre-existing condition by the Contractor at no cost to the City. This includes, but
is not limited to, damaged or broken water lines, curbs, sidewalks, and streets. The Contractor is
responsible for making these repairs pursuant to any permits or licenses that may be required. The
Anchors Emerg. Board-Up Svcs., Inc. 3
Annual Contract Board & Secure Services
02092005
responsibility for all damage to persons or property arising out of or on account of services done
under this Contract shall rest upon the Contractor and it shall save the City hannless from all claims
made on account of such damages.
9. Indemnity. Contractor agrees to protect, defend, reimburse, indemnify and hold the
City, its agents, employees and elected officers and each ofthem, free and hannless at all times from
and against any and all claims, liability, expenses, losses, suits, costs, fines and damages (including
attorney fees and costs) and causes of action of every kind and character against or from the City by
reason of any damage to property or the environment, or bodily injury (including death) incurred or
sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other
party whomsoever, or any governmental agency, arising out of or incident to or in connection with
Contractor's performance under this Contract, Contractor's acts, omissions or operations hereunder,
or the performance, non-performance or purported performances ofthe Contractor or any breach of
the terms of this Contract, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of Contractor and persons or entities employed or utilized by Contractor in its
performance. The terms and requirements of ~725.06, Fla. Stat. are incorporated herein by reference.
10. Insurance.
10.1 Contractor shall maintain and pay for such insurance as will protect the City from
contingent liability under this Contract.
10.2 Upon execution of this Contract, the Contractor shall furnish to the City Certificates
of Insurance and policy endorsements or riders in companies acceptable to the City covering:
10.2.1 Workmen's Compensation and Employers Liability coverage applying to all
employees for the statutory limits in compliance with applicable state and Federal laws. Coverage
must include employer's liability with a minimum limit of $1 00,000 each accident.
10.2.2 Commercial General Liability, or similar form, shall have minimum limits of
$300,000 per occurrence combined single limit for personal injury, bodily injury, and property
damage liability. Coverage shall include premises andlor operations, independent contractors,
products andlor complete operations, contractual liability and broad form property damage
endorsements. Coverage for the hazards of explosion, collapse and underground property damage
must also be included when applicable to the work to be performed.
10.2.3 Business Auto Policy, or similar form, shall have minimum limits of$300,000
per occurrence combined single limit for bodily injury and property damage liability. This shall
include owned, hired and non-owned vehicles.
10.3 Except for Workers Compensation and Employers Liability, Certificates of Insurance
shall clearly evidence that an endorsement was made to include the City of West palm Beach,
Florida, its agents, employees and elected officials as "ADDITIONAL NAMED INSURED" with
respect to all general liability coverages.
Anchors Emerg. Board-Up Svcs., lnc, 4
Annual Contract Board & Secure Services
02092005
lOA Required insurance shall support Contractor's agreement of indemnity set forth in
Section 9 above and shall so state in said Certificates of Insurance.
10.5 Certificates of Insurance shall unequivocally provide for a thirty (30) day written
notice to the City prior to any adverse change and/or cancellation or non-renewal of coverage. In the
event that the statutory liability ofthe City is amended during the term ofthe Contract to exceed the
above limits, Contractor shall be required, upon thirty (30) days written notice by the City, to provide
coverage at least equal to the amended statutory limit ofliability of the City.
10.6 The Contractor shall be entirely responsible for securing Certificates of Insurance
coverage as set forth above from all subcontractors who are engaged in these Services.
11. Miscellaneous Provisions:
11.1 Headings. The headings contained in this Contract are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Contract.
11.2 Integration. This Contract constitutes the entire agreement between Contractor and
the City and supersedes all prior verbal and written agreements, understandings, negotiations and
discussions between the parties hereto. No verbal agreement or conversation with any officer, agent
or employee ofthe City either before or after execution of this Contract shall affect or modify any of
the terms or obligations contained in any of the documents comprising said Contract.
11.3 Severability. The invalidity, illegality or unenforceability of any provision of this
Contract shall not affect the validity, legality or enforceability or any other provision of this Contract
and this Contract shall be construed and enforced in all respects as if the invalid, illegal or
unenforceable provision is not contained herein.
11.4 Assignment. This Contract may not be assigned by Contractor without the written
consent of the City. This Contract shall be binding upon and inure to the benefit of the parties
hereto, their successors and permitted assigns.
11.5 Specific Waiver. Any waiver issued by the City of any provision of the Contract
Documents shall only be effective if issued in writing by the City and shall be specific, shall apply
only to the particular matter concerned, and shall not apply to other similar or dissimilar matters.
Either party's failure to enforce strict performance of any covenant, term, condition, promise,
agreement or undertaking set forth in this Contract shall not be construed as a waiver or
relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth
herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or
undertaking at any time in the future.
11.6 Force Mai eure. An act of God, a hurricane, tornado, fire, flood, maj or storm or other
natural disaster or epidemic, war, civil disturbance, terrorist activity, serious illness or government
actions beyond the control ofthe Contractor or refusal ofthe property owner to allow the Contractor
to enter on the property which results in the prevention or delay of performance by the Contractor
Anchors Emerg. Board-Up Svcs., Inc. :)
Annual Contract Board & Secure Services
02092005
shall be the only acceptable reasons for the contractor to refuse an assignment or shall be reason to
grant an extension of time to complete the assignment.
11.7 Criminal Acts. Employment by any Contractor of any employees hired by the
construction manager with multiple felonies and/or crimes against children will not be tolerated. The
Contractor must provide documented proof of efforts to comply with this requirement. The City may
declare any non-compliance or lack of diligent effort by the Contractor to comply as a breach of
contract and immediately terminate the services of the Contractor.
11.8 Compliance with Laws. Contractor shall comply with all applicable City, State and
Federal laws, codes and regulations relating to the Services and provision of services under this
Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and
Federal laws relating to wages, hours, safety and all other applicable laws relating to the employment
or protection of employees, now or hereafter in effect.
11.9 Florida Prompt Payment Act. The City abides by Chapter 2318, Part VII, Florida
Prompt Payment Act (ss. 218.70-218.80) which provides prompt payment, interest payments, a
dispute resolution process and payments for all purchases be made in a timely manner for properly
executed invoices by local government entities.
11.10 Federal and State Tax. Contractors doing business with the City shall not be
exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with
the City, nor shall any Contractor be authorized to use the City's Tax Exemption Number in securing
such materials.
11.11 Small Business Requirements. Contractor shall comply with the City's Small
Business Code, Chapter 66 of the City's Code of Ordinances, which is incorporated herein by
reference. No Small Business Goal was set for this Contract.
11.12 No Solicitation. Contractor has not employed or retained any person employed by the
City to solicit or secure this Contract and it has not offered to pay, paid, or agreed to pay any person
employed by the City any fee, commission percentage, brokerage fee, or gift of any kind contingent
upon or resulting from the award of this Contract.
11.13 Equal Emplovrnent Opportunity: Non-Discrimination. Contractor will not
discriminate against any employee or an applicant for employment because of race, color, national
origin, gender, sexual orientation, or physical impairment.
11.14 Unauthorized Aliens. The City shall consider the employment by any Contractor of
unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act, as
amended. Such violation shall be cause for unilateral cancellation of this Contract.
11.15 Right to Audit. Contractor shall maintain adequate records of the services for at least
three (3) years from the completion of the Services. City, from time to time, during Contractor's
business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit the
Anchors Emerg. Board-Up Svcs., Inc. 6
Annual Contract Board & Secure Services
02092005
Contractor's books and records, at the City's expense, with regard to the accounts and services
provided to or on behalf of the City hereunder to ensure that all aspects of the Contract are being
met. Failure by Contractor to permit such audit shall be grounds for termination of this Contract by
the City.
11.16 Public Records Law. The Contractor shall allow public access to all documents,
papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the Contractor in conjunction with the Contract. Failure by the Contractor to grant
such public access shall be grounds for immediate unilateral cancellation of this Contract by the City.
11.17 Independent Contractor. Contractor acknowledges and agrees that it is an
independent contractor ofthe City and is not an employee ofthe City. Contractor more specifically
acknowledges that it: will not be eligible to participate in any employee benefit maintained by the
City; will not be covered by the City's workers' compensation insurance; and will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation andlor other consideration paid by the City to
Contractor hereunder.
11.18 Notices. All written notices and other communications required or provided for under
this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of
mailing, or by overnight or same day courier, or hand delivered to the following address and person
bearing the following title for each party hereto or such other addressee or person as shall be
designated by a party in a written notice given in the manner required hereby:
to City: City of West Palm Beach
P.O. Box 3366/200 2nd Street (33401)
West Palm Beach, FL 33402
Attn.: Code Compliance Manager
Telephone No.: 561/822-1484
to Contractor: [to Contractor at the address listed on the first page ofthis Contract]
11.19 Modification. There may be no modification of this Contract, except in a writing
executed with the same formalities as this document.
11.20 Litigation. In the event suit is filed to construe or enforce this Contract, the prevailing
party in such suit shall be entitled to an award of all costs and expenses incurred in connection
therewith, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal.
EACH PARTY HEREBY KNOWINGLY, INTENTIONALLY AND lRREVOCABL Y WANES
THEIR RlGHT TO A JURY TRIAL IN ANY ACTION RESPECTING THIS AGREEMENT.
11.21 Governing Law; Venue, This Contract shall be construed and interpreted, and the
rights of the parties hereto determined, in accordance with Florida law. The City and Contractor
submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree
that proper venue for any suit concerning this Contract shall be Palm Beach County, Florida, or the
Anchors Emerg. Board-Up Svcs., Inc. ~
,
Annual Contract Board & Secure Services
02092005
Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in
Florida based upon improper venue or forum nonconveniens.
11.22 Terms: Construction of Contracts. This Contract shall include all other terms and
conditions ofthe ITB, as if fully set forth herein. In the event of a conflict between the terms of this
Contract, the ITB, and the Bid, the terms of this Contract shall govern and prevail.
12. Contract Documents. The Contractor agrees to complete all Services in accordance
with the following documents, collectively referred to herein as "Contract Documents":
Exhibit "1" Contractor's Bid
Exhibit "2" Small Business Recommendation Report
Exhibit "3" Contractor License Verification Form
Exhibit "4" Non-Collusion Affidavit
Exhibit "5" Drug Free Workplace Statement
Exhibit "6" Insurance Certificates and Risk Management Compliance Certificate
Exhibit "7" Specifications
[Remainder of page intentionally left blank.]
Anchors Emerg. Board-Up Svcs., Inc. 8
Annual Contract Board & Secure Services
02092005
IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized
representatives.
ATTEST: CITY OF ?PALM BEACH
/L/~
By: By:
City Clerk
Date: / ~/!/,7/ t2Zi , 2005
F:\ 102 Code Enforcement\Agreements\AnchorsEmergBd&SecAnnualK.doc
102.05-021 37jhrh CITY ATTORNEY'S OFFICE
Approved as to form
~:~ .~y
Date: JJ '/7"~
CONTRACTOR:
WITNESS: ANCHORS EMERGENCY
BOARD-UP SERVICES, INC.
By: BY:.Z /~
Print Name: Print Name: PfEvrA.J (. /1>>cHdJ#J
Title: MRJfiJEA/'T
(affix Corporate Seal)
Anchors Emerg. Board-Up Svcs., Inc. 9
Annual Contract Board & Secure Services
02092005
. EXHIBIT
, . J
. . :9 1
BID PROPOSAL PAGE
Annual Contract for Board & Secure Services
SB #04/05-01
FLAT RATE
PER OPENING
1. Window Opening $ 6d..~OO
Average size is 36"W x 48" H
2. Exterior Door Opening $ 96 J i d
3. Garage Opening, 9' W x 7' H size (single) $ '-.). ~ ~ ~6
4. Garage Opening, 16' W x 7' H size (double) $ 1/05,'1'/
5. Single Awning Type Window $ l~ , {')O
6. Window AlC Cutout $ J I/~ I.J 6
7. Double Picture Window $ 9i ~ j J.
8. Sliding Glass Door $ i5~.D'I
(standard opening)
Other Related Costs
Proposer please list all other costs related to securing services which may not be outlined
above, or be outside the listed services: (e.g oversize apertures, special conditions, etc.)
and the method of pricing.
~E-AOAe..~ <:~RIIBIi (',~S.06 I'E~ HOU}2) L/JAoR ~^JLY
""1''7 TO rRAM" CI!J. r d/U y Wnu I!~> {NOR, e A/c. '" ecAJZ7.k-.~ E 71::. (, qdJ. ~ p~: .?flV1
-1A.J;I C)()h~ .'S::r2li-1J OI'~/1..I7":N({, No, L/JEcfF.J'E./) 4~,';,)/;. .11 3..6.:2 "E~;; F
Name of
BY:
Physical Address: /6/90 63 (d. .eonIJ/J012TI/ L-oXAlllfrCilEE -' ?I. d3f/7o
Street City State ' Zip Code
Telephone Number: 9St/ ~ ~9 ij- Cj()(;'? Fax: 561'. 651-- !)1~9
End of Sealed Bid
14
.
:6
..~
. 0\1.1\'1'"
Small Business Division
Tel. (561) 822-1275 Fax (561) 822-1279
Small Business Program Recommendation Report
Instructions: Use this form when a company/firm is being recommended for an award of contract, a change order, or a purchase order.
Department Directors andlor their designees are responsible for the completion of this form. Complete this form by fiHlng-in the information
requested In Sections I, and Section II (for contract award) or Sections II and III (for Change Order). Submit this form to the Small 6usiness
Division for approval. You can e-mail to Tiffany Nellly-McCray as attachment in Lotus Notes.
SECTION I. General Information
User Department Code Compliance
project Name Board
Sealed Bid, RFQ, WA, or Requisition No. 4J5I2()()1
Recommended ContractorNendor Anchors Emergency Board-up Services, 100,
Is the recommended company a certified S6? I Did any 56 bid this project? I
prepared By: JDate: 1
SECTION II. Contract Award - Attach a Letter of Intent (Fonn SB 07) for each company listed below.
Total Contract Amount $50,000.00
Establ'lShed 56 Goal Xltf No Goal was establlshecl, check with an X
Awarded 58 Goal 0.001
SB Subcontractors SB Contract Amount Percent SB Office Use
$0.00 0.00
$0.00 O.IX
$0,00 O.IX
$0.00 O.IX
$0.00 O.IX
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
Total Awarded SB Subcontract $0.00 0
SECTION III. Change Order on Contracts - Attach ~opy of the Change Order
change Order Num. I ~J
Previous Total Contract Amt.
Change Order Amt.
Revised Total Contract Amt
SB Subcontractors SB Contract Amount Percent SB Office Use
$0,00 #DIVIOI
$0.00 #DIVIO!
$0.00 #DIVIO!
$0.00 #DIVlO!
$0,00 #DIVIOI
$0.00 #DIVIOI
$0,00 #DIVlO!
$0.00 #DIVIOI
$0.00 #DIV/OI
$0.00 #DIVIO!
Total Awarded SB Subcontract $0.00 #DIY/OI
SECTION IV. Approval
S8 Program Manager ~~flf t{l//1 nl 01 cJ1-eJ5 Date: 5l~ I (J,F)
f I
Fonn 56 08 OctOO
EXHIBIT "3"
CITY OF WEST PALM BEACH
PROJECT NO.:
PROJECT:
CONTRACTOR VERIFICATION FORM
THE FOllOWING IS TO COMPLETED BY PRIME BIDDER
Name of Firm: !-A.Y:JloJ25 FuF~~.rA.J('Y /fa~PI)-lJP ,-~/lv1?; _ rvc.
. ,
Corporate Title: SAMlf ~ ~~OV~
Address: /~ /9a 6'SrJ. ~"'iJ A,/6127/1
/: "NAil"" ~IiF~ H. ....?3J/ ,70
(Zip Code)
By: j{E vIA) L~ AAJL#d2S' /,R,S7.dE-VT
~ (Print name) (Print title)
w/~
(Authorized Signature)
Telephone: (9.51/) 84/1- ~06?
Fax: (.51 I ) ~S/ - CJ ?f/9
State License # (ATTACH COpy)
County License # (ATTACH COPY)
City License: (ATTACH COpy OF CITY CONSTRUCTION SERVICES APPLICATION FOR
OCCUPATIONAL LICENSE OR OFFICIAL RECEIPT FOR REGISTRATION FEES)
Type of License:
Unlimited (yes/no)
If "NO", Limited to what trade?
Ex, 3 - Contractor Verification
CONTRACTOR DETAILS
CONT 10 CBC058955 OWNER FUXA CHRISTIAN
COMPANY ANCHORS EMERG BOARD UP SVS INC
5311 SW 34TH WAY
HOLLYWOOD FL 333125537
PHONE 954-894-4067 STATE REG CBC058955
LICENSE CITY OF WPB EXPIRE DATE 9/30/2006
STATE OF FlORII{' .
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (950) 487-1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
F'(,'"XA, CHRISTIAL'"'i
ANCHORS EMERGENCY BOARD UP SERVICES INC
16190 63RD ROAD NORTH
LOXAHACHTEE FL 33470
--
.' STATEOFFlORlDA AC#1571661
DEPARTMEm' OF Bl1SINESS Am>
. .. PROFESSI,PN:~ ,~~GULATION .
~' ;,;~t<;~11;;.';;;.:9:/:" ..
I CECO 5 8 9 5 5.. .=.:.'~'i.J:.,..':~.j.;QB..~.~.,.;Z;'";,.:I. tlJ..~..".;p.,....:.,....,04019 552 7
.u",,>." ;""~,~' ..- ,~..., .',
C..E. RT. 1FI.E. J;>~;.~itfi~..'..~;~... $1....~:.,J.~:,~..;;:..ww.~.~.:.'C'.J.,~.~"A CTOR
FUXA CHR:JIi,i~Uolt'S'C.6''''''-''::l''
~,cB6RS,E~~~~~Mst':"~&~."'~oP SERV1<
:~'~?;~~X::::'1;:~l;rW:~~~c"~'.
'. .....;!~. ,,",'\:: ~ >,'
IS CERTIFIED under the provisions of Ch.489 FS.
Expiration dOlt.., AllG 31 r 20.06 .... I,04082'70U58'"'
DETACH HERE
---..- '---'-----'" ,.-.-. -.--. ~-_.--- .~..,_. --- ".'-...--.--..-.---..... -'-"--. '--. .._-
"" Ei'.."':y. o"l ,.,,....... .C.iTA.'T,r:, OC"CI 'ORIO,A
A.C. #. I , ,,'.',.' I, .....,~,..>< . .~,. '. ~'I.I}';;:' r;Ii..,.. . .1""\
,,". ..a.. ,'.' ':. -L. ~ W 't.J, V '~;"'. _ '. ..: "'_.." ,'~ "._-.:: _' ',_'1"". .1>. _. .- .
'Ii: ,:,\",'." ,.ii'".:D~pAiitrlyIE%-tr~F:,BUsiNESS: ANn"I>ROF.ES.SIONAL REGU.LATION ... . .
:::i:h ,;r\:;;:~,~.;':,i;.. CONS,:'RU€'Jl+Cl!f J;MDl;fSTRY LI:C;:ENSING BOARD SEQ# L04 0 8;2,7.01.258
.'~:- }f. ..."., ".f!:' . .; ,'-- ..-.<. :": .
NBR ;,!t';;i"~1,:iF~";~:~~,~":.
:~. '. - ,.~.-~: '-,.', :. " <~- f:~:" t~r~::i~~~~~~~t~~~;,~-l>~;:.~...:~:-,.
OB.e OSS 955 -'1>"., d.'=. ~;;r-_"C,;,~,,, ,__ _..">,,.:' ..,',
..'.h. ...i..;< ... . D";i"'G. '.C. O..NT'" RA".".C. TOR'."". ,;r.<:r"'.oEc;c.;...:'t1~:.:'!;}~iJi':"..",:,"'!!'."c.!::.\'.,'..;.:.
'tEl. BUIL~;L"" .. '. " /".l..o/;;:.f.i? =.".:~~;'f'::' ;':.'~""\C"
N~1iied-p'~l?w.iJ:S,GP;RTIFIED> ;..lf~~::~:;.:17!f' .:;> .':,': ...
Under the- provisions ofChapt~'~;~~~~lH;;~~> ..!k.,'Yi'f""'j:~:,
ExpJ.' atJ.' on date' AUG 31 20 0 6!',~:~..::;'~"Yi;.~,;,.,....'h,..'}~r.,. c.".::;. ',."
. r .. I f!."J~~jj1ANj';~-;':~lt:.;;I:~t"..,::"".,.,",<;,
dcr;, . CHltfuTrlW ~\~_~1~~j;,~
~CHORSEMERGE:wOY, BOARD" UP SERVL~E'S'~~~lll~i;i:\iZ:f,)',
53"11 SW,.'34TH-"'WAY .. .':,,'C;,/;;.:",:H:'. '..
HOLLYWOOD FL 33312 -553'1" ".:~;' "~<, .
<, ,JEB,'BUSIiL DIANE CARR
;".../:GOVERNOR;'~; OISPIAYAR RFOlJlRFn RV I AW SECRETARY
ecA John K. Clark, CFC Tal :ollector
P.O. Box 3353
West Palm Beach, FL 33402-3353
p.l- ..' www.pbcgov.com/tax Tel:(561) 355-2622
ANCHORS EMERGENCY BOARD UP
FUXA CHRISTIAN (QUALIFIER)
ANCHORS KEVIN L license Number: 2005-09864
16190 63RD RD N
LOXAHATCHEE Fl 33470-5712
Dear Business Owner:
This is your new occllpational license, Please keep the upper portion for your records and detach
the bottom of this form. Verify the information and display it conspicuously at your place of business,
open to the view of the public,
This license Is in addition to and not in lieu of any other license required by law or municipal
ordinance anq is subject to regulations of zoning, health, and any other lawful authority (County
Ordinance Number 72-7).
Licenses may be transferred to a new owner when evidence of a sale is provided; the original
license Is surrendered and a transfer fee is paid.
Licenses ma~' be transferred to a new location when proof of zoning approval is provided; the
original license is surrendered and a transfer fee is paid,
Business name changes require a new license.
This license expire. on September 30, 2006. Renewal notices are mailed at the end of July.
If you do not receive the notice by the middle of August, please let us know.
I hope you have a successful year.
)LL;~
Tax Collector
uu DETACH AND DISPLAV BOTTOM PORTION, ANP KEEP UPPER PORTION FOR YOUR RECORDS""
,--- :luu=>>-U~864 - p-. S rA"tti dJ"'F',:tJ~ml "1I!ICe:::=-= "'-'-" ,=-c - :-'-~,.=r:;_-':"::":::"'l"'.---=-~'-=o2_oiZ
PALM BEACH COUNTY CtASSI FICA TlON
OCCUPAnONAL LICENSE
EXPIRES: SEPTEMBER · 30 - 2006
.. LOCATED A'r CNTY .Z7,50
AHCHORS EMER8ENCV BOARD UP
SERVICES INC 16190 63RD RD H
FUXA CHRISTIAN (QUALIFIER) lOXAHATCHEE Fl 33470
ANCHORS KEVIN l
TOTAL $27.50
-----.-------.-----, C=-=_IHIS IS NOT A BILL: DO N~T)A ~___j
I" het-eby IIcens.d-at .bow addr... for the period bt1jIMinv on thID I
: IIr.' day of October and ending on the thirtieth day 01 September to I ._------_._--~----~---".__.- 1
I eng... In the bullne... profe..1on Of' occupation of: i PAID. PIC TAX COLLECTOR
I IUILDING CONTRACTOR I I .21.50 acc 049 83299 08-Z2-Z00S I
l_____~8CO 589 ~_______~
I -- ~
JOHN K. CLARK, eFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY
TAX COLLECTOR, PALM BEACH COUNTY TAX COLLECTOR
EXHIBIT "4"
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ho/l..r~ IJ }
County of I'A-LM /5E&H }
/1:E ()rtU L. 19 tUt'H O~ S' , being first duly swom, disposes and says that:
(Name/s)
t1AJCh oP..$' EME~6.6f1C f'
1. HelShe is r'R~srtJwr of LIo.1I2.A - CI tJ ~~.b/?v~g .&IC-;ethe
Bidder that (Title) (Name of Company)
has submitted the attached bid;
2. He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham Bid in connection with the contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other
Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the City of West Palm Beach or any person interested in the
proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed) ~ ~av~
(Title) /'r1';SZI1EA/7
ing instrument was acknowledged before me this ~~.:J..i 3, ~tJ 5""
(Date)
by: who is personally kno to me or who has produced
~
as identification and who did
~~v PlJ CFFlCIALNOTAAVSEAL l
o (9~ XlCS-VNE os- VAllE
~ ~ ~"~-~, l
-:; ;j 00086111
~ i:' MY OOMMISSION EXPIRES
OF 1'::: - N c5EB:~_~~~~ At t .
Exhibit "5"
CITY OF WEST PALM BEACH
DRUG FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
19U'IfGJI2S EAlk~&IfIf)C '(' LJofJl2/J-V/J S~~ $,A.,C. does:
.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violation of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities, or contractual services that are under bid, the employee will
abide by the terms ofthe statement, and will notify the employer of any conviction of, or plea
of guilty, or nolo contendre to any violation of Chapter 1893, or of any controlled substance
law of the United States, or any State, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or
rehabilitation program, if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements,: ~ /~
Bidders Signature
YhA5
Date
Drug Free Wkplace
Exhibit "6"
RISK MANAGEMENT COMPLIANCE CERTIFICATE
AND INSURANCE CERTIFICATES
PROJECT: Contract for Board & Secure Services: Anchors Emeraencv
Board-Uc Services. Inc.
SEALED BID OR PROJECT NO.: Bid No. 04/05-01
This is to certify that I have reviewed the required Insurance Certificate(s)
submitted by the Contractor for the above Project, and find that the Contractor has
furnished to the Owner such Certificate(s) of Insurance by companies acceptable to the
Owner and the Engineer with regard to type and amount of coverage, as well as form of
notice, as stipulated in the Standard Terms and Conditions herein.
/
'1('} !
~~/
(/1 ~
Risk /, B~n fits Manager
City of West Palm Beach, Florida
I
/i /
I / /..
This L day of b.i! C/~ 'VL-y" ,200 ~.
Ex. 6 Risk Mgmt
ACORD", CERTIFICA Tt: OF LIABILITY INSURA~CE I DA TE (MM/DDIYYYY)
08/31/2005
PRODUCER (954) 966-9993 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfstream Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEN" "IR
5833 Johnson Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELC
-
Hollywood FL 33021- INSURERS AFFORDING COVERAGE NAIC#
---
INSURED INSURER A: Colony Insurance Co.
-
Anchors Emergency Board-Up Services INSURER 8:
.-
16190 63rd Road, North INSURER c:
.--
INSURER D:
Loxahatchee FL 33470- INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I~DD'L TYPE OF INSURANCE P~k~~~~~~g,wIE Pg~'fJ(~:'~~N
LTR INSRD POLICY NUMBER LIMITS
A GENERAL LIABILITY / / / / EACH OCCURRENCE $ 1,000,000
- ~~~~~~J?E~~~J.i~ence)
X COMMERCIAL GENERAL L1A81L1TY $ 50,000
I CLAIMS MADE ~ OCCUR U101530 06/09/2005 06/09/2006 MED EXP (Anv one oerson) $ 1,0001
I- PERSONAL & ADV INJURY $ 1,000,000 !
/ / / / GENERAL AGGREGATE $ 2,000,000
I--
~'L AGGREnE LIMIT nES PER: PRODUCTS - COMP/OP AGG $ 1,000,000
PRO- / / / /
POLICY JECT LOC
AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT
- (Ea accident) $
- ANY AUTO
ALL OWNED AUTOS / / / / BODILY INJURY r.~
- (Per person)
- SCHEDULED AUTOS
HIRED AUTOS / / / / BODILY INJURY
- (Per accident)
- NON-OWNED AUTOS -
/ / / / PROPERTY DAMAGE 1$
I-----
(Per accidenl)
GARAGE LIABILITY AUTO ONLY. fA ACCIDENT $
~ ANY AUTO --
I / / / / OTHER THAN EA ACC $
AUTO ONLY. AGG $
EXCESS/UMBRELLA LIABILITY I / / / / EACH OCCURRENCE $
=:J OCCUR 0 CLAIMS MADE I AGGREGATE $ i
1$
~ DEDUCTIBLE / / / / $
--
RETENTION $ $
WORKERS COMPENSATION AND / / / / I WC STATU-; I IOTH-
TORY LIMITS ER -j
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
I --
OFFICER/MEMBER EXCLUDED? I / ! ! / E.L. DISEASE - EA EMPLOYEE $
If yes, describe under --
SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT $
OTHER I / / / /
/ ! / / i
I
/ / / / I
:JESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
I
:;ERTIFICA TE HOLDER CANCELLA nON
(561) 659-8096 (561) 659-8026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL I
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
City of West Palm Beach FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPC
Construction Services INSURER, ITS AGENTS OR REPRESENTATIVES.
200 2nd Street, 3rd Floor AUTHORIZED REPRESENTATIVE
West Palm Beach FL 33401-
:::ORD 25 (2001108) CORPORATION 1988
n,,- INS025 (0108).05 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 Of
~ - - .... .... - - - - ..... ..... -.-- .. ..--......-.... ...- ...--
81.t. Farm Mutual Al.llOmobUeln.ura' . Company POLICY NUMBER , 9890.E12.59G
7401 Clf-re.. Garde", Boulevard MAY 12 2006 10 I\...v' 12 2006
\NInler aven FL 33888
4441 -1869 A DATE DUE
ANCHORS, GINA. KEVIN
16190 63RD RD N
LOXAHA1CHEE Fl
t;"? Liability
Bodily Injury 1 00,0001300,000
Pro~e~ Damage 50,000 251.
1"11,,, 11111. .11. ..III. ",1.1.11111. 1..1,11.1..11,..1.1..1 'A9? ~~S 0 No au t 104.
500 Deduotible Compreh.nsive 36.
~~f t)i .0'~ 500 Deduotible CoIliBion 116.
Emergency Road Service l.
Car Rental & Travel Expense
'~7 80% Per Day, $500 Max 9. I
U3 Uninsured Motor Vehicle
Your p"'mlum I. tM.~ on ,,. 10 wing. . .11 no' correct, Clon" Bodily Injury 1 00,0001300,000 126. I
2003 VOLKSWAGEN PASSAT VIN WVWP
01... 1 830408 Amount Due $646. I
Drlv.r. of vehlcl. In your hou..hol
There are no male or unmarried female drivere under age 25 assigned to Your premium has already been adjusted
this oar, by the following:
Ordinary u.. of v.hlcl.... Premium Reductlone
Pleasure or not more than 30 mileB weekly to and from work or 80hool. Multiple Line 40. (
Driven over 7,500 mile. annually. (National average i8 12,000 miles Antilook Brakes 22.'l
annually.) Multicar 93. [
Antitheft 3.~
Vehiole Safety 23. ~
Aooident Fr.e 94. ~
. Vehiole Safety Disoount hu been reduoed for your personal injury protection and medical payment8 coverage,
Please 88e the premium adjustment me8sage on the baok of this notioe for an explanation,
Please read the enclosed News & Not.s article entitled "liability Coverage premiums now vary by make/model. n
Your Multiple line Discount haB decreased. For additional information, please refer to the enclosed News & Notes article or
contact your agent.
CONVENIENT PAYMENT OPTION: You may use one of State Farm's alternate payment plans which divides your prssent
premium into two eepa,ate paymente.
You may pay one half of the amount due, $323,40, plus a handling charge of $2.00. The amount due on MAY 122005
will be $325.40.
The remaining half will be due on JUL 11 2005. We'll Bend you a reminder notioe.
The following Iiat of drivers is shown for informational purposes only and does not extend or expand coverage beyond that
cont4ined in this automobile policy. Our records indicate the pereons listed below are the only licensed drivers reported to us;
KEVI'" ANCHORS, GINA ANCHORS.
If the above information ia inaccurate or inoomplete, please oontact your agent immediately to make oorreotions.
B,.-..d on your driving reoard, you have our Bookient.',.. discount 'or pr.f.rred ouatomar.. ....
.v6{r~4f~F". 67 7560 0231
Se. rev"",,, aid" for important information
Agmll LARRY BOWEN Pilla." k"ep thl" part for your record.
.f9fephom~ (954\792-0330 ProDarod MAR 23 2005
. 09-19-2005
TOM GALLAGHER STATE OF FLORIDA
CHIEF FINANCIAL OFFICEA DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
.. CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW. *
CONSTRUCTION INDUSTRY EXEMPTION
This certifies that tha Individual listed below hes electad to be exampt from
FlorIda Workers' CompensatIon Law. .. .'" .'1'1' II'~" '1, ':
.. rr~" r'~1 ~' "
n " 1" 1 e '...'1; " ,. 11\
EFFECTIVE DATE: 09/23/2005 .. EXPIRATION DATE: OrJj3rao, III ~'"". ,~iJ. iL.,' ,i . .
. ,,,,,. I"! If I I ~ .!,"
, , .. m,!.I! l' .' ~I .Ii 1'.. .J ',. !'.' r."
PERSON: ANCHORS . . ,..., ,"'imrN"'~r,i", jlt"~I~ ~[:"i I~~;~:t> h.,.'/ "
. ""'1' I' '1'1' I \~ "q j. .1."
.'" 01 . " . \.1 I ... , , ,I' ~l' ~ ,. ,1" \.." II.
FEIN: ,""tl. 8'101p'~ ',II~li~ !~ )1{.'~i~.1: I" ~"".
B;f;4~8 "';AM,~ ,~1[,1~;:.~~JlIb~S' !MeAGENCY BOARD UP SERVICES INC
II:',,J" 1PDR SS,~J '.'.' 1 190 83RD ROAD NORTH
:.'I~i(iil! Ji!::.,il~,"!'.". LOXAHATCHEE FL 33470
I!..," ,,,,
SCOPE OF BUSINESS 1 - CERTIFIED BUILDING CONTRACTOR
OR TRADE:
IMPORT ANT: Pursuant to Chepter 440 . 08(14), F.S., en officer of . corporation who elects
examption from thIs chapter by fIling a cartlfloate of election under this .ectlon may not recover
benefits or compen..tlonunder this ohepter.
aUESTIONS? (850) 413-161
OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01-04
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATf OF FLOAIDA .
DEPARTMENT OF FINANCIAl SERVIces F
DIVISION 01" WORI<I!~S' COMPENSATION
CONSTAUCTION INDUSTRY 0
CI!RT'I"ICATE OF EXEMPTION FROM FLORIDA L IMPORT ANT
WORKERS' COMPENSATION LAW
EFFeCTIVE: 01/23/20015 C E D
.. EXPIRATION DATE: 0'/23/~OO7 tJ AN H Pursuant to Chapter 440.05(14). F.S., In officer of .
PERSON' .EVIN LRE'fSS 1'5 E corporation who e'ellts uemption frDm this chapter by filing I
certificate of election under this section may nDt recover
R bene filS or compensation under this chepter, I
'''NIii f · ~ · E
_.,~ ~..... . ~G D UP SER I
. RTH i
RE:Q . FL 33.,0
SCOPE OF BUSINESS OR TRADE:
,. CERTIf'IEO eUILOlNQ CONTRACTOR
QUESTIONS? lSSDI ~'3- 1609
CUT HERE
* Carry bottom portion on the job, ke.p upper portion for your records.
owe- 25 2 CERTIFICA Tf OF ELECTION TO BE EXEMPT REVISED 01- D4
RE-ISSUANCE 03-26'.2004
. ->~e
TOM GAllAG>lEft STATE OF FLORIOA ~ (;
CHlEI: FINANCIAL OfFICER OEPARTMENT OF FINANCIAL SERVI ES
DIVISION OF WORKERS' COMPENS
· * RE.ISSUANCE OF CONSTRUCTION INDUSTRY C Fle.E OF EXEMPTION · ·
This certificete exempts the Officer of the corporeC t. '. ber of the Limited Liebllity Company
listed below from the provision of Florida Workers'. . me. ation Law for the period indicated below.
EFFECTIVE DATE, 03/11/2004 4 IRATION DATE, 09/23/2005
CORPORATE OFFICER I 4.
LLC MEMBER NAME, J\NCHO~. t-' KEVIN L
FEIN: 6510128 ....../
~
BUSINESS NAME AND~C . RS EMERGENCY BOARD UP SERVICES INC
ADDRESS, ~ 0 63RD ROAD NORTH
. . ~OXAHATCHEE FL 33470
SCOPE OF BUSI SS OR TRADE: CERTIFIED BUILDING CONTRACTOR
IMPORT ANT: Pursuant to Cha~ter 440 . 0 5( 14), F, S . an officer of a corporation who elects
exemtf1tion from this chapter y filing a certificate of erection under this section may not recover
bene Its or compensation under this chapter.
QUESTIONSl (850) 488-2333
DWC- 253 RE -ISSUANCE OF CONSTRUCTION INDUSTRY CERTIfiCATE OF EXEMPTION REVISED 11-03
Please cut out the card below and retein for inspection by any Department of Financial Servicfls representative while conducting work
STA~E OF F1.OfllOA - tit I IMPORTANT
DEPARTMENT Of ANANCIAL SERVICES
DIVISION Of WORKERS' COMPENSA TIOH .. F This certificate applies on:y 10 the corporale officer named on this :ertiiicote and
.. AE.JSSUANCE OF CONSTFlUC1ION INDUSTRY CERTIFICATE OF EXEM~""...\ ' '0 appies only within the scope of the business or trade listed he~eon.
Thl, '_tif~... on..." ...0""" .f 'M c.~t;.d):.i ti_ L A eoPy ,I ,,, earl . ,he I~.'" abOWl must b, eM'" IIld ",ilable lor
the llrovilllon of Florida Worke,,' Comp."..t~. a th p.,iod 0 inspection at a" time while con ucting any construction work
indicated below
EffeCTIVE DATE, 03/1112004" ~ H P..~"" .~. ..U~ "I.'. F S., ~. .ff." ,I 'eo'lor"i~. who tja"I
. 09!FJ) .., E '''mpllO' 110m , , .hap,. by 'h.g '. ..""". .01 "01'" undo th" ..01'"
EXPIRA TION DA TE. , . I, . may not recover benefits or compensation under thiS chapter.
CORPORA TE OFFICER/. . R
lle ""'....ER ~ ~ KEV~ E "''i<'' ,I ,lK'ioo ". be "'op' ,nil ""if.",, ~I tfo"., " b. ..amp' .~d b,
FEIN. ~ 2840 subl8CI to r~vor,alion II, at any tIme alter the .filing of l~e, notice or 1M Issuance
" of tile call1f:cate I the parson named on the nOlice or cerliflcate no longer meets
BUff N 1N6 Atl:HD;S EMERGENCY WARD Ui' SER , 'h, ,eq",m"" 'I mis .."i" lor iaauM' " . cortil,., T.,a .,,"..., .haU
ADO , . 16190 63110 ROAD NORTJI ~ ,,,,Ie, ""ili,,.. It NY'''' lor ItI.II 01 'h. po." "mod on m. ,,"ili<",
':; lOXAHA TCHEE fL 33470 to me.t tne requiroments of this section.
. .' "ERTIFIED 6Uk.O'NG CONTRACTOR QUESTlONS1 18501 488.2333
E OF BUSINESS OR TRA~E: \, I . . . _' ___ ___
CUT HERE
owe - 263 RE -ISSUANCE OF COI'IISTRUCTlON INDUSTRY .iON REVISED 1 1 ..03
.
__ ~~, . . ____ ..'__ _._ ..~_~_____ .__ - __ _....._ -_eo. ._. _ ._._ __.....:_... ___-- ---- - - ~. -.. --- - '- .-.- ..
_flORIDA
. FINANOALSERVICES
DIVISION OF WORKERS' COMPENSATION, BUREAU OF COMPLIANCE ,;
,; ,;
TOM GALLAGHER ,;
CHIEF FINANCIAL OFFICER "
:
:
I
I
I
I
EXEMPTION APPLICATION RECEIPT
This receipt ONL Y'confirms that the applicant listed below has submitted an application
for exemption from the provisions of the workers' compensation law to the Division of
\r\lurKers' Compensation. TH~S RECE~PT DOES NOT CONSTITUTE PROOF THAT
_AN EXEMPT~ON HAS BEEN ISSUED TOTHE APPLICANT. AN EXEMPTION
,SHALL bEGOME-:E:FFECTfVE.WHEN lSSUEO-BYTHEDCPARTIr1ENT.
DATE RECEIVED: "lS~ c5
APPLICANT'S NAME: _:..v~~\n L. (}rcX\o(~.,
.
BUSINESS NAME: O~(S Ema~ 'BoCU"d - dr 5Q.xv ~ (.e.s) \nL
Receipt completed by: _CU-ek.la. N\\C~~
Exemption-applications "are processed m the orderitwas received. The Division of
Workers' Compensation has 30 days to issue the application after it has been received
or notify you that it is incomplete.
The exemption application was received at the following Division of Workers'
Con:pensation office:
Bureau of Compliance ,PAID::
3111 South Dixie HvlY.
Suite #123 ;
West Palm Beach, FL 33405 JlttC~~tlID .
Telephone (561) 837 -5412
... AUG ~ 11ofi.il05 .
...
...
~ ~tf~CE
'...
BURtAU Or CO' .~.H
DrYISIO;-i OF WORJ<E~' CO~I?E:-IS^TIOS' BUIUAU OF~~8-'fcPAlM BE:
311 \ SOVTH DIXIE HWY, SU1TEII123 -
WEST PALl-{ BEACH, fL 3 340S . (561) ~17.S.H 2' (561) 837.5410..
.
NOTICE OF ELECTION TO BE EXEMPT
Please refer to the enclosed instructions before completing this form.
SECTION 1:. I am applying for exemption as a (Please check only one box in this section):
CONSTRUCTION INDUSTRY "CORPORATE OFFICER" (S50 APPLICATION FEE REQUIRED)
~ Officer of a Corporation (Title): #&5'~tJ,5kr ) -OR- 0 Member of a Limited Liability Company (LLC)
NON-CONSTRUCTIO~ INDUSTRY "CORPORATE OFFICER" (NO FEE REQUIRED)
o Officer of a Corporation (Title): )
An officer electing an exemption under chapter 440 Florida Statutes is not entitled to benefits under this chapter.
SECTION 2. To be eligible for an exemption, the corporation of which you are an officer or the limited liability company ofwhic
you are a member must be registered with the Division of Corporations of the Department of State. For applicants applying as an
officer of a corporation, you must be listed as an officer of the Corporation with the Division of Corporations of the Department 01
State. Please list t e registration number (document number shown on your Uniform Business Report) on file with the Division oj
Corporations. a:?OO<JOS tJ ') .
SECTION 3. This exemption application applies only to the person signing the application, the CorporationlLLC that is listed
below, and the scope of business or trade listed:/V.JClil'~
Corporation or LLC Name:E,.t{G-.I?~EA.l:Y ~M/)~ ufJ-Slf,Rvp &FEIN: 6S-/tJ/.:;xz.I./t} Telephone: 9{I.j-f91/~'/a6;
Business Mailing Address: I(.i 9() 6'!1 td &>.41'1 ..ucity=!OXI1 n-1.KJtFBtate: fl..Zip:. { :?I/ } 0 County: /JA-LAI $6
Scope of Business or Trade of Applicant: 1 3. 4.
SECTION 4. Please list all certified or registered Ijcenses issued to the applicant pursuant to Chapter 489, F.S. (Contractor's
License)
SECTION S. Does the county or municipality in which your business is located require an occupational license for your business?
DYes DNo IF YES, A COPY OF A CURRENT OCCVPA TIONAL LICENSE MUST BE A 17 ACHED.
SECTION 6. Are you affiliated with any corporation (including LLC) other than the corporation (including LLC) to which this
apPliCati~PPlieS?
o Yes No IF YES, PLEASE)...IST THE NAME(s) AND FEIN(s) OF THE AFFILIATED CORPORATION(s) OR
LLC(s):
NAME: FEIN:
SECTION 7. If your corporation or LLC is engaged in the construction industry, you must provide the required proof of
ownership in the corporation or LLC.
'A. To be eligible for a construction industry exemption 35 an officer of a corporation, the applicant must be a shareholder,
owning at least 10% of the stock of the corporation. A COPY OF A STOCK CERTlFICA TE EVIDENCING THE
RF;QUIRED OWNERSHIP MUST BE A17ACHED.
B. To be eligible for a construction industry exemption as a member of a limited liability company (LLC), the applicant must
confirm ownership of at least 10% of the company. THE REQUIRED OWNERSHIP MAY BE ESTABLISHED BY
PRODUCTION OF DOCUMENTATION REFLECTING THE REQUIRED OWNERSHIP, OR BY
SUBMITfING A NOTARIZED STATEMENT ATfESTING TO THE REQUIRED OWNERSHIP.
SECTION 8. FRAUD NOTICE
A. Any person who, knowingly and with intent to injure, defraud, or deceive the department or any employer or
employee, insurance company or any other penon, files a notice of election to be exempt cont.aining any false or
misleading information is guilty of a felony of the third degree.
B. Attestation of applicant - By signing below, I attest that I have read, undentand and acknowledge the foregoing
notice.
j ~ .r:,&~
THIS APPLICATION IS CONTINUED ON THE REVERSE SIDE
~ '
NOTICE OF ELECTION TO BE EXEMPT - Page 2
-
SECTION 9. You must identify the workers' compensation insurance carrier that covers any non-exempt employees of your
business. Carrier Name:
AFFIDA VIT OF APPLICANT: I hereby certify that the information contained herein is true and correct to the best of my
knowledge and belief; that this election does not exceed exemption limits for corporate officers, including any affiliated
corporations as provided in ~440.02 Florida Statutes; and that any non-exempt employees of the corporation or limited liability
company (LLC) identified in section 3 of this notice are covered by workers' compensation insurance.
j(fUt:"1J L. /f A.JC /I t5 res %s 16/ 1 /od)3
TYPE/PRINT NAME OF" PERSON APPLYING F"OR EXEMrrloN SOCIAL SECURITY NUMBER
~~ y~ ?~9~S
APPLICANTS SIGNATURE DATE SIGNED
NOT AR Y STATE OF FLORIDA, COUNTY o~~J--
Sworn to and ,.bsoribed b,fore moth;, ~ay of ~ \1sT. = S , by ~\C:"J\Y ~[::.:: ::.~T;' ~~ I1C;JIJA
PersonaJ/v Known v-o; Produced Idenrification_ Type of Identificarion ~ Karen J. Wiggins
Commission 'I DD413594
Produced - Expires: MAR. 31, 2009
NOTAR Y SIGNATURE '-"11.... ~lD i~ <\.;;) ll.ande4 I'hnl AtILD.dc Botldlng Co" lnc..
My Commission Expires
Please submit this completed form, along with any attachments and a S50.00
application fee (construction industry applicants only) payable to the W.e. STATE USE ONLY
Administration Trust Fund, to the District Office listed below that is closest to your EffectiveIJssue Date:
place of business.
12381 S. Cleveland Ave. 92] N. Davis SI. 401 NW 2nd Ave. Expiration Date:
Suite #506 Building B, Suite #250 Suite #321 South Tower
Ft. Myers FL 33907 Jacksonville; F1.. 32209 Miami F1.. 33128
Telephone (239) 278-7239 Telephone (904) 798-5806 Telephone (305) 536-0306 Control Number:
I]]] NE 2S'h Ave. 400 West Robinson St. 2686 Chapman Dr.
Suite #403 Room #2]] North Tower Panama City FL 32405 Postmark Date:
Ocala F1.. 34470 Orlando FL 32801 Telephone (850) 747-5425
Telephone (3S2) 40]-5350 Telephone (407) 245-0896
Received Date:
610 E. Burgess Road 499 Northwest 70lh Avenue 17] 8 Main St. ~lE<cm;rrW1IEJD)
Pensacola, FL 32504-6320 Suite #116 Suite #20]
Telephone (850) 453-7804 Plantation FL 33317 Sarasota FL 34236
Telephone (954) 32]-3 ]43 or Telephone (94]) 36]-6022
(954) 32]-3]60 AUG :')1 2005
2012 Capital Circle SE 13]3 N. Tampa St. 3 I] 1 South Dixie Hwy. I UREAU OF COrV1.:JLlfl.NCE
Suite #]02 Hutman Bldg. Suite #503 Suite #123
Tallahassee FL 32399-2] 61 Tampa FL 33602 West Palm Beach FL 33405 WEST PALM BEACH
Telephone (850) 413-1609 Telephone (8]3) 221-6506 Telephone (56]) 837-5412
i
THIS APPLICATION IS CONTINUED FROM THE REVERSE SIDE
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. . EXHIBIT
. Annual Contract for Board & Secure Services I
SB #04/05-01 -----
".
SPECIFICATIONS
Purpose: The purpose of these specifications is to define the
acceptable method for boarding up and securing openings in
vacant structures for the City of West Palm Beach.
Scope of Work: All windows, doors, window air conditioner openings, and all
other external wall openings shall be covered and secured in
accordance with City Code Section 15-142 and as directed
by City of West Palm Beach personnel.
Materials:
1) All exterior wall openings shall be covered with exterior
grade plywood with a minimum thickness of 5/8" nominal or
its equivalent.
2) All Cross members and bracing shall be 2"x4" lumber. Each
cross member shall be a continuous piece of sufficient
length to extend 6" past the opening in each direction.
3) Hardware shall consist of 3/8" diameter plated carriage bolts
of sufficient length to secure the outer plywood panel with
the 2"x4" bracing. Bolts are secured to wood by using (1) %"
10 zinc plated flat washer on the exterior side; and (1) 3/8"
10 zinc plated flat washer and (1) nylon locking nut on the
interior side.
Method of Securing Material and Process Requirements:
1) . Plywood is secured in place by using 2"x4" cross members
(bracing) on the interior side of the opening. The cross
members shall be of appropriate length to extend at a
minimum six (6") inches past the opening. Each cross
member shall be secured to the plywood with a minimum of
two (2) carriage bolts with appropriate washers and locking
nut. Carriage bolts go thru the 2" thick dimension of the 2"x4"
lumber. The hole in the exterior flat washer is ~" 10 to allow
the insertion of the square underside of the carriage bolt to
enter the washer and drilled hole.
2) Each opening shall require a minimum of two (2) cross
members. Depending on the size of the opening, additional
cross members may be required. City of West Palm Beach
personnel shall approve the number of cross members used.
4
. . "
. Annual Contract for Board & Secure Services
58 #04/05-01
Workmanship:
1) Windows: Bolts and nuts used to secure the cross member
to the plywood must be tightened enough to slightly deflect
the wood. Bolt heads just fit tightly against the wood so as
not to allow a gap for pry bar or pliers.
2) Exterior Doors: Exterior doors shall be boarded and fitted to
the entry doorjamb with a maximum of 1/8" clearance from
each edge. The existing door shall be removed and stored
inside the building.
3) All wall openings shall be secured with plywood panels, cut
incurred to the existing window and air conditioning units
during the course of the board-up secure operation.
Painting of Plywood:
1) All exposed surfaces of plywood and bracing (if applicable)
Shall be painted with good quality paint using good
application practices in a color to match, as closely as
possible, the surrounding exterior walls of the building or
off-white paint when exterior walls are of natural material,
such as brick or stone.
5
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 18, 2007 December 3,2007 (Noon) o February 19, 2008 February 4,2008 (Noon)
o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) IS! April 1,2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
IS! Public Hearing 0
RECOMMENDATION: Please place this request on the April 1, 2008 City Commission Agenda under
Public Hearing, The Planning and Development Board on March 25, 2008, recommended that the request be approved.
For further details pertaining to this request, see attached Department Memorandwn No, 08-018.
EXPLANATION:
PROJECT: Charter Schools of Boynton Beach, Inc. (USAP 08-001)
AGENT: Douglas B. MacDonald, Managing Member of 1425 Gateway LLC
OWNERS: 1425 Gateway LLC
LOCATION: 1425 Gateway Boulevard
DESCRIPTION: Request for an amendment to the list of approved uses for the Quantum Park Planned
Industrial Development (PID) to include "Charter Schools" on Lot 21.
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: N/A
ALTERNATIVES: N/A ~
D,gjf./~iIT<"O'
City Manag",', Si~
Assistant to City Manager
~
Planning and Zo City Attorney / Finance
S:\Planning\SHARED\WP\PROJECT Quantum Park - Lot 21 & 2lB\Agenda Item Request Charter Schools ofBB USAP 08-001 4-1-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-018
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: . tJ)U
Michael Rumpf . ~ "
Director of Planning & Zoning
FROM: Ed Breese ze
Principal Planner
DATE: February 29, 2008
PROJECT NAME/NO: Charter Schools of Boynton Beach, Inc. / (USAP 08-001)
REQUEST: Use Approval - Charter School
PROJECT DESCRIPTION
Property Owner/Applicant: 1425 Gateway LLC
Agent: Douglas B. MacDonald, Managing Member
Location: 1425 Gateway Blvd. (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Industrial (I) / Planned Industrial District (PID)
Proposed Land Use/Zoning: No change proposed
PID Use Options: Lot 21 - Office, Industrial, Retail (OI/Ind/R)
Proposed Use: Request for use approval to amend the Quantum Park Planned
Industrial District (PID) permitted us list to allow a charter school as
an approved use on Lot 21.
Acreage: 1. 64-acres
Adjacent Uses:
North: Water Management Tract, then farther north United Way office building (Lot 4)
zoned PID with a use designation of Office (0);
South: Right-of-way for Gateway Boulevard, then farther south Boynton Beach Community
High School zoned PID with a use designation of Governmental & Institutional
(G&I) ;
East: Allstate Office Building (Lot 20) zoned PID with a use designation of Office (0); and
Charter Schools of Boynton Beach, Inc. (USAP 08-001)
Memorandum No PZ-08-018
Page 2
West: Lake Worth Drainage District E-4 Canal, then farther west Original Pancake House
(approved for remodel to a bank use) zoned PID with a use designation of Office,
Industrial, and Commercial (OIC).
BACKGROUND
Douglas MacDonald, managing member of 1425 Gateway LLC, has submitted an application for use
approval to amend the permitted use list in the Quantum Park Planned Industrial Development (PID) (see
attached location map - Exhibit "A"). The proposed change to the list of permitted uses is being
requested only to apply to Lot 21 and be worded as follows:
. Charter School (Lot 21 only)
The approval of a list of permitted uses is required for all Planned Industrial Developments. The original
Quantum Park PID list of approved uses has been established incrementally and currently lists "Charter
High School" as an approved use for Lots 18 & 19 only. In approving a particular use, the Planning and
Development Board must make findings that the proposed use will not be in conflict with the performance
standards listed in Section 4. N. of the zoning regulations, and that the use proposed is consistent with the
intent and purposes of the Planned Industrial Development District.
According to the applicant's letter (see "Exhibit B''), the Charter Schools of Boynton Beach, Inc. received its
charter from Palm Beach County School District in 2002 and opened for classes in the Boynton Beach Mall.
The school is currently operating in a temporary location in Boca Raton and is an "A" rated school. If
approved, the applicant indicates the facility would be of sufficient size to accommodate approximately 500
students.
ANALYSIS
The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land
Development Regulations as they relate to the proposed list of permitted uses. The purpose of the
Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals,
vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the
reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or
other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic
interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The appiicant
has been asked to provide a description of their request relative to the performance standards within
Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of
this use within the PID district. These responses are listed as follows:
1. Noise: No sound will be created which is in violation of Section 15-8 of the City Ordinances.
2. Vibrations: The above requested use will generate no discernable ground vibrations.
3. Smoke, dust, dirt, or other particulate matter: The proposed use will generate no smoke,
dust, dirt, or other particulates that exceed the standards for such emissions found in federal, state,
county or city laws.
4. Odors and fumes: The proposed use will generate no objectionable or offensive odors or fumes of
Charter Schools of Boynton Beach, Inc. (USAP 08-001)
Memorandum No PZ-08-018
Page 3
any nature.
5. Toxic or noxious matter: The proposed use will discharge no toxic or noxious matters, and will
cause no damage to property or vegetation, or discomfort or harm to persons or animals, or
otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the
proposed school's property lines, nor will any contamination of the public waters or groundwater
result from the proposed use.
6. Fire and Explosion: The proposed charter school use will create no fire or explosion hazard. No
flammable materials shall be stored, used or proposed except in conformance with Chapter 9 of the
City code.
7. Heat, Humidity or Glare: The proposed use will produce no heat, humidity or glare readily
perceptible beyond the charter school's property lines. All lighting will conform to City standards and
will create no nuisance to adjoining residential uses.
8. Liquid Waste: No liquid waste of any type, quantity, or manner, not in conformance with the
provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances will be used or disposed
of by the proposed charter school.
9. Solid Waste: All solid waste materials generated by the proposed use will be collected and
disposed of in conformance with Chapter 10 of the City Ordinances.
10. Electromagnetic Interference: The proposed use will create no electromagnetic radiation that
causes abnormal degradation of performance of any electromagnetic receptor or interferes with
normal radio or television reception in the City.
11. Hazardous Materials and Hazardous Waste: The proposed use will not create, use, handle,
or store hazardous materials or hazardous wastes.
The above-referenced responses by the applicant certifies that the proposed use would not violate any of
the performance standards listed in Chapter 2, Section 4.N of the Land Development Regulations.
The approved site plan for Lot 21 shows that the building the proposed charter school would like to occupy
was approved in 2004 as a two-story, 28,266 square foot office building. The applicant indicates the school
proposes to utilize the entire space for their school operations and does not intend to make any exterior
modifications to the building. Staff does note however, any exterior modification and/or revised on-site
traffic circulation to accommodate the student drop-off/pick-up operation, will require further staff review.
The parking methodology was originally based upon office occupancy, which requires 1 parking space for
each 300 square feet of building. As such, the original approval required 94 parking spaces and the site plan
depicts 96 parking spaces being provided. The proposal indicates the school to be for elementary and
middle school aged students, which precludes students driving to school and having their vehicles parked in
the parking lot all day. As such, the parking regulations for elementary and middle schools are less intense
than that for high schools and that of general office uses, requiring only 1 parking space for every 500
square feet of classroom space and 1 per 300 square feet of related office space. A f100rplan has not been
submitted with the use approval request; however, the above noted discussion of parking regulations clearly
indicates that the school use would not require as much parking as the original office building.
Charter Schools of Boynton Beach, Inc. (USAP 08-001 )
Memorandum No PZ-08-018
Page 4
A review of uses on the permitted use list for the Quantum Park PID (see "Exhibit C") indicates that the
Boynton Beach Community High School is located across the street on land containing a Governmental &
Institutional (G&I) land use designation and a Charter High School located on a parcel two properties to the
east (Lots 18 & 19) of the requested lot (Lot 21). In the case of the Community High School, the
Governmental & Institutional land use designation in the Quantum Park PID is consistent with the Public and
Private Governmental Institutional (PPGI) of the City's Future Land Use Map and the Public Usage (PU)
designation on the City's Zoning Map for the locating of school facilities elsewhere throughout the City. As
for the Charter High School located on Lots 18 & 19, which are designated Office/Industrial (01), the office
component of this designation is comparable to the City's C-1 (Office and Professional Commercial) district,
which permits the establishment of schools.
It is the opinion of staff that the proposed charter school is consistent with the intent and purpose of some
use designation of lots within the Quantum Park PID. The Quantum Park DRI is currently approved for a
very diverse group of uses. Amendments to the Quantum Park DRI Master Plan have introduced Mixed Use
including residential to the PID, which may provide an additional source of students for the school. Staff
opinion has not wavered from the original position that the "office" land use in Quantum Park originated in
anticipation of developing industrial uses with accessory offices, and that the loss of properties with
industrial potential to non-industrial type uses, should be avoided whenever possible. However, Lot 21 is
located directly on Gateway Boulevard, combined with the fact that it is already developed with an office
building as opposed to an industrial/warehouse type structure, the use of the property for a charter school
would not appear to be adverse to staff's more restrictive position.
Given the prevalence of "01" categorized parcels throughout the Quantum PID however, and the
incompatibility of schools on certain parcels, staff recommends that the use be permitted on a case-by-case
basis. The majority of "01" parcels are located on internal roadways as opposed to Gateway Boulevard, and
thus cater themselves more to their intended purpose as supportive office space. As such, staff recommends
that the request be approved with the modification of the previous approval for Charter High School on Lots
18 &19 only, to combine and simplify the permitted use list to read:
"Charter Schools (Lots 18 & 19, and 21)'~
This approval and amendment to the Quantum Park Permitted Use List will not differentiate between
elementary, middle and high school type charter schools, allowing greater flexibility in their ability to locate
and expand their curriculum.
RECOMMENDATION
Use approvals for the Quantum Park PID typically apply to lots with selected use options, rather than only
specified lots. However, contrary to past practice, staff, as noted above, would recommend that for
unique non-industrial uses, such as a charter school, approval be granted only for Lots 18 &19 and 21,
and that specific terminology of Charter Hioh School be removed from Lots 18 & 19. This will facilitate the
future case-by-case review of these type of uses. Additional conditions recommended by the Planning and
Development Board or the City Commission will be placed in Exhibit "0" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECfS\Quantum Park-Lot 21 & 21B\USAP 08-001\Charter Schools of BB, Inc. USAP Staff Report.doc
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EXH\B\T B
1425 Gateway~ LLC
2500 Quantum Lakes Boulevard
Suite 101
Bovnton Beach. FL 33426
.;' "
561-740-2447
February 22, 2008
Michael Rumpf, AICP
Planning and Zoning Director
CITY OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Quantum Corporate Park PID - Application for Use Approval
CHARTER SCHOOLS OF BOYNTON BEACH. INC.
Dear Mr. Rumpf:
1425 GATEWAY LLC, a property owner within Quantum Corporate Park a
Planned Industrial Development (PID) in the City, hereby submit this request to modify
the list of approved uses within the Park, to include a charter school as an approved use.
The use approval requested shall allow CHARTER SCHOOLS OF BOYNTON BEACH.
INC. of Boynton Beach to develop and operate a charter school facility within the Park.
This request for use approval is submitted for consideration for Lot 21. At present, Lot
21 carries a DRlland use designation of OI/Ind/R, office industrial retail.
The authority to establish this charter school in the state of Florida is found in
Section 228.056 Florida Statutes. The CHARTER SCHOOLS OF BOYNTON BEACH.
INC. ("SCHOOL") received its charter from the Palm Beach County School District in
June 2002, and in August 2002, opened for classes in the Boynton Beach Mall on
Congress A venue in Boynton Beach. Now an "A" rated school, they are currently
operating in a temporary location in Boca Raton.
The SCHOOL's mission statement targets student population as elementary and
middle school students that:
1. Students that reside in Greater Boynton Beach and surrounding communities.
2. Parents with school aged children eager to be involved in the children's learning
process.
3. A diverse population of students.
4. Teachers who are highly qualified and desire to participate in innovative staff
development.
EXHIBIT B
Michael Rumpf, AICP
February 22, 2008
Page 2 of 4
5. Community members and businesses that have an interest in educational options,
issues and high quality programs.
Some of the SCHOOL's goals are:
. To offer a high standards curriculum with highly qualified teachers,
administrators and support personnel
. Making foreign languages and cultural studies accessible to children of all
economic backgrounds
On February 4, 2003, the City Commission approved a Use Approval Request, which
amended the list of approved uses within Quantum Park PID, to allow a charter high
school specifically for Lots 18 and 19. The charter school is operating successfully
today. The DRI land use designation for Lots 18 and 19 is "Oil", Office/Industrial as is
Lot 21. The office building recently constructed on Lot 21 has been leased for use as a
charter school.
If this application for use approval is granted, the SCHOOL plans to open a $6.5
million, 28,300 square foot charter school campus within the Quantum Corporate Park.
The new facility will serve students primarily from South Palm Beach County, and will
be large enough to accommodate up to 500+ students. The proposed charter school use is
intended to be supplemental to and complimentary with the mix of office, industrial,
retail and residential uses currently approved within the Park. In addition, it will be
entirely compatible with the Boynton Beach High School, which is located in the
immediate vicinity within the Park.
The proposed charter school use will easily satisfy each .of the performance
standards established for Planned Industrial Developments in Chapter 2, Section 4.N of
the City code. These standards are addressed below:
1. Noise. No sound will be created that violates the sound standards found in
Section 15-8 of the City code.
2. Vibration. The proposed use will generate no discernable ground
vibrations.
C:\Documents and Settings\AlI Users\Documents\QGC\J 425 Gateway\correspondence\Charter Schools of BB City App Use
Approval 02-20-08.doc
EXHIBIT B
Michael Rumpf, AICP
February 22, 2008
Page 3 of 4
., Smoke. dust or other particulate matter. The proposed will
j. use generate no smoke, dust or other particulates that exceed the standards for such emissions
found in federal, state, county or city law.
4. Odors and fumes. The proposed use will generate no objectionable or
offensive odors or fumes of any nature.
5. Toxic or noxious matter. The proposed use will discharge no toxic or
noxious matters, and will cause no damage to property or vegetation or discomfort or
harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of
property or rights-of-way at or beyond the proposed charter school's property lines. nor
will any contamination of the public waters or groundwater result from the proposed use.
6. Fire and explosion hazards. The proposed charter school use will create
no fire or explosion hazard. No flammable materials shall be stored, used or proposed
except in a conformance with Chapter 9 of the City code.
7. Heat. humiditv or glare. The proposed use will produce no heat.
humidity or glare readily perceptible beyond the charter school's property lines. All
lighting will conform to City standards and will create no nuisance to adjoining
residential uses.
8. Liquid waste. No liquid waste of any type, quantity or manner not in the
conformance with Chapter 26 of the City code will be used or disposed of by the
proposed charter school use.
9. Solid waste. All solid waste materials generated by the proposed use
will be collected and disposed of in conformance with Chapter 10 of the City code.
10. Electromalmetic interference. The proposed use will create no
electromagnetic radiation that causes abnormal derogation of performance of any
electromagnetic receptor or interferes with normal radio or television reception in the
City.
11. Hazardous materials and hazardous wastes. The proposed use will not
create, use, store or handle hazardous materials or hazardous wastes.
In addition to fully complying with each of these eleven (11) performances
standards, the proposed charter school use will fully comply with all other relevant Cit)
standards and requirements. More than adequate parking for faculty. staff, and visitors
will be provided onsite.
Please find attached a check in the amount of $750.00, the required processing fee
for this use approval request.
C:\Documents and Settings\A1I Users\Documents\QGC\l425 Gateway\correspondence\Charter Schools ofBB City App Use
Approval 02-20-08.doc
Michael Rumpf, ACIP EXHIBIT B
November 6, 2002
Page 4 of 4
We thank. you in advance for your prompt processing of this request. If you have
any questions, please contact me or the Principal of the CHARTER SCHOOLS OF
BOYNTON BEACH, INC., Mr. Wayne Owens. Mr. Owens may be reached at
(561) 995-4880
~spectfullY submitted,
)\ \
\ .
\;\ \on~J
\. :
Douglar B. MacDonald
Managmg Member
1425 GATEWAY, LLC
cc: Wayne Owens, Principal, CHARTER SCHOOLS OF BOYNTON BEACH, INC.
C:\Documents and Settings\A1I Users\Documents\QGaI425 GatewaylcorrespondencelCharter Schools ofBB City App Use
ApprovaI02-20-08.doc
DEPARTMENT OF DEVELOPMENT EXHIBIT C
MEMORANDUM NO. PZ 07-016
DATE: February 13, 2007
RE: Quantum Park of Commerce PID - Permitted Uses
(Update of Previous Memorandum dated September 1, 1999 Memorandum No PZ 99-215,
January 12,1989, June 22,1990, October 16,1992, July 9,1998, March 13,2000, October
16,2001, September 9,2002 and correction of error on Memorandum dated August 5, 1992,
January 24,2003, May 7,2004, May 28,2004, June 14,2004, September 14, 2004, and
October 18, 2005).
The following uses have been approved to date by the Planning & Development Board and City Commission
for the Quantum Park of Commerce Planned Industrial Development:
A. COMMERCIAL
./ Professional and Business Offices
./ Nursery Schools and Day Care Centers 1
./ 9
Used and New Car Sales (CARMAX)
./ Gas Station with Convenience Store and Car Wash3
./ Restaurants with or without Drive-through5
./ Retail (only on Lots with the commercial use option per the Quantum DRI Master Plan)
./ Hotel10
B. OFFICE
./ Professional and Business Offices
./ Nursery Schools and Day Care Centers 1
./ Meeting Hall for Masonic Lodge
./ Rehabilitation Hospital6
./ Charter High School 11
./ Medical Offices 7
./ Lions Club
./ School and Educational Services - Home Inspection Trade Training Center, weekends
7
only
./ 10
Banks
C. INDUSTRIAL
./ Solvent Distribution Facilitl
./ Warehouse, Distribution, Wholesale
./ Electronics Manufacturing
./ Research and Development Laboratories
./ FP&L Substation (utility facilities)
./ Research, Development, & Manufacturing of Spray Dispensing Systems and Chemical
Specialty Liquid Products (Packaging Concepts)
./ Cosmetics and Perfume Manufacturing (BGI)
./ Manufacturing, Fabrication, and Assembly of Furniture
./ Stone cutting and finishing (Oriana Granite Lot 50-A [CC 6-6-00])
./ Design, Manufacturing, Storage, Distribution of Decor Elements (Ed Carey design)
./ 4
Outdoor Storage
./ Assembly of Automated Packaging Machines & Ancillary Office & Warehouse
EXHIBIT C
./ Manufacturing, fabrication, and processing of machinery, equifment, appliances, parts,
and tools, limited to assembly of finished parts and materials.
./ Gymnastic centers and cheerleading schools 7
./ Installation, repair, and service of alarms, stereos, and window tinting for automobiles,
including ancillary sales 7
./ Charter High School 11
D. GOVERNMENT AUINSTITUTIONAL
./ Public High School
./ Fraternal Order of Police Clubhouse
./ Tri-County Railroad Station, Park & Ride
All businesses shall state, as part of the occupational license application, whether the business would
use, handle, store, generate or display hazardous materials, hazardous waste, or toxic substance, as the
same are defined by 40 Code of Federal Regulations, Part 261; or the Florida Substance List as set forth
in Rule 4A-62.004, Florida Administrative Code, in which case a City Fire Department Hazardous Material
Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code.
1 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning)
2 Requires Hazardous Material Disclosure Form be submitted with occupational license application.
3 Applies to Lot 65B-Mobil and Lot 91 Hess
4 Applies to Lots 32-38, 68A-70, 72, and 73A-76 with conditions (maximum 15% of site)
5 Applies to Lots 81 and 82 only.
6 Applies to Lots 48A, 48B, and 48C only.
7 Applies to Lot 3 only.
8 Applies to any lot with IND or I included in the use designation.
9 Applies to Lots 76-80 only.
10 Applies to Lot 1 only.
11 Applies to Lots 18 & 19 only.
MWRlsc
S:\Planning\SHARED\WP\PROJECTS\QUANTUM\USAP\QUANTUM PARK prD use list rev 2-13-07 (eb).doc
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park Lot 21
File number: USAP 08-001
Reference: Quantum Park DRI Use List Revision Request for a Charter School (Lot 21)
I DEP ARTMENTS I INCLUDE 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
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
- --
I
Comments: None X i
i
P ARKS AND RECREATION
Comments: None X i
I
FORESTER/ENVIRONMENT ALIST i jl
Comments: None X
PLANNING AND ZONING I
I
Comments: None X J_______________
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 21\Charter Schools of Boynton Beach\USAP 08-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Charter Schools of Boynton Beach
APPLICANT'S AGENT: Douglas B. MacDonald
APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 1, 2008
TYPE OF RELIEF SOUGHT: Request Use Approval for a Charter School on Lot 21 in the Quantum
Park PID
LOCATION OF PROPERTY: Lot 21, Quantum Park PID, 1425 Gateway Blvd.
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\WP\PROJECTS\Quantum Park Lot 21\Charter Schools of Boynton Beach\USAP 08-001\DO.doc
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December] 8,2007 December 3,2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon)
o January 15,2008 December 31, 2007 (Noon) [gJ March 18, 2008 March 3, 2008 (Noon)
1:5+ ~
0 February 5, 2008 January ]4,2008 (Noon) 181 Aprill'2~ March 17,2008 (Noon)
.2.P4
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda L8J Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION: Adopt an ordinance changing the date of the City's municipal election, run off election and the
date for taking offIce.
EXPLANATION: In January the City Commission directed staff to prepare an ordinance changing the City's municipal
election date from November to March. The run off election date will be adjusted accordingly. Further, the dates in which
the elected officials would take office would be adjusted out by approximately four months.
Currently, the terms of our Commissioners are as follows, and the impact on their term length is shown below:
n
Commission Seat Current Term Expires Term Expires If Changed to March <=> ~~
Mayor Jerry Taylor 11/2009 3/2010 co =i-<
:x -<0
VM Jose Rodriguez (District III) 11/2009 3/2010 ;po .:; '"Tj
::;;j
Comm. Ron Weiland (District I) 11/2009 3/2010 I ;- co
C"11o
Corom. Marlene Ross (District IV) 11/2010 3/2011 -J =;::-<
Corom. Woodrow Hay (District II) 11/2010 3/2011 -""-,""'"
.-
::!> :n--i
:JJ: 0
=.or:::
All of the current Commissioner's terms would be extended by approximately four (4) months to remain staggered:Q ."
'"TjCO
originally established. N -1"'1
(J>
0'\ f"T1C")
PROGRAM IMP ACT: Elections to be held in March instead of November. :::c
FISCAL IMP ACT: Our research has determined that there will be no significant cost or savings by changing the election
date back to March.
AL 7A TIVES: Do not adopt new ordinance - keep election date in November
(7/~c?~~. '
Department Head's SIgnature e
:~ ~ v~ ~ Assistant to City Manager ~
117?'L cr I~. City Attorney / Finance
~ Departrllent N a-' e
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 08-
I AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, CHANGING
4 THE DATE OF THE ELECTION OF MUNI CIP AL
5 OFFICERS TO THE SECOND TUESDAY IN MARCH;
6 CHANGING THE DA TE OF RUN-OFF ELECTIONS;
7 CHANGING THE DATE FOR TAKING OFFICE;
8 AMENDING SECTIONS 15, 138, 139 and 141 OF THE
9 CHARTER AND SECTION 2-1.2 OF THE CODE OF
10 ORDINANCES AS APPROPRIATE; PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND
12 AN EFFECTIVE DATE.
13 WHEREAS, the City Commission has reviewed recent voting patterns and has
14 determined that moving the election date for municipal officers from November to March will
15 result in greater voter participation in City elections; and
16 WHEREAS, Laws of Florida Ch. 83-478 authorizes the City to amend the City
17 Charter by Ordinance without the need for referendum when such amendment results in
18 conforming the City Charter to the provisions of Laws of Florida Ch. 83-478 for uniform
19 filing and election dates in Palm Beach County, Florida. Florida Statute 100.3605(2) provides
20 additional authority to change qualifying dates, election dates and the orderly transition of
21 office resulting from such changes by Ordinance.
22 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
23 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
24 Section 1. Each \Vhereas clause set forth above is true and correct and
25 incorporated herein by this reference.
26 Section 2. Sections IS, 138. 139 and 141 of the City Charter are amended by
27 adding the words and figures in underlined type and by deleting the words and figures in
28 struck through type, as follows:
29 Sec. 15. When Commissioners and Mayor are to assume office.
30 The Commissioners and Mayor who are elected in elections held in
31 November March of any year, shall assume office on the first regular or
32 special city commission meeting following their e lectioncertification of their
33 election results. Once all newly elected officials have taken office the
34 Commission shall organize in accordance with the provisions of Section 23
1 of this Charter and shall then proceed to select the officers and employees,
2 designated in Section 49 of this Charter.
3 Sec. 138. Call by Mayor, publication of proclamation; qualification of
4 candidates, filing by candidates with City Clerk; notification of
5 Supenrisor of Elections.
6 All general and special elections, unless otherwise provided in this Act,
7 shall be called by proclamation of the Mayor; published in a newspaper
8 published in the City of Boynton Beach, Florida, once a week for two (2)
9 consecutive weeks, or, if no newspaper is published in the City of Boynton
10 Beach, Florida, by posting same at the City Hall for two (2) weeks, and such
11 election that may be held upon such notice.
12 Candidates for City Commission shall file such papers and pay such fees
13 as may be required by law with the City Clerk no earlier than noon on the
14 ~last Tuesday in January nor later than noon on the second Tuesdav in
15 February Thmsday in .^..ugust (i.e. for the November 2002 election.
16 qualifying period 'Nill commence on .\ugust 2"), 2002), nor later than noon
17 on the first Thursday in September (i.e. for the November 2002 election,
18 qualifying period v(ill end on September 5, 20(2) of the calendar year in
19 which the election is to be held. The City Clerk shall transmit the names of
20 all candidates for City Commission to the Supervisor of Elections by 5:00
21 p.m. on the first Friday after the close of qualifying.
22 Sec. 139. General and run-off elections.
23 A special election for any purpose shall be held as provided in the Charter or
24 by ordinance not inconsistent herewith. In every election to any office, the
25 candidate receiving the highest percentage of the vote in excess of thirty-
26 five (35%) percent of the votes validly cast shall be declared elected. If, in
27 any election, no candidate receives in excess of thirty-five (35%) percent of
28 the vote in the first election, a second election, limited to the two (2)
29 candidates receiving respectively the highest and the next highest number of
30 I votes in the first election shall be held on the fourth Tuesday in March of the
31 calendar year fourteenth day after the first election, and the candidate
32 receiving the higher number of votes in the second election shall be declared
33 elected.
34 For purpose of transition from November to March elections. any municipal
35 officer whose term of office would expire in November will have their term
36 extended until the following March.
\
1
2 Sec. 141. Regular municipal election, date; qualification of electors
" for Commissioners; method of holding elections, special elections.
.:l
4 Regular municipal elections shall be held on the secondfu5.t Tuesday
5 ufter the fiJ':;t Monduy in NoyemberMarch of the calendar vear in un election
6 yeaT. In the event a run-off election is required as specified in Section 139
7 hereof, said election shall be held on the fourth Tuesdav in March of the
8 calendar vearfourteenth day after the first election. The City Commission
9 shall prescribe, by ordinance, the method and manner of holding all
10 elections in said City, and shall provide when and how special elections
11 shall be called and held, which are not provided by the terms of this Charter.
12 and all elections shall be conducted substantially on the principle adopted
13 for state election insofar as there are no conflicts with the terms of this
14 Charter.
15 Section 3. Section 2-1.2 of the City of Boynton Beach Code of Ordnances is
16 amended by adding the words and figures in underlined type and by deleting the words and
17 figures in struck through type, as follows:
18 Sec. 2-1.2. Vice-Mayor appointment.
19 I At the second regular City Commission mcc'..ing meeting: following: the
20 swearing in of newlv elected officers. in November of each year. the City
21 Commission shall appoint one of its members to serve as Vice-Mayor. Any
22 member of the City Commission who has not previously served as Vice-
23 Mayor during his or her current term of office may be selected to serve as
24 Vice-Mayor. No second of the nomination is required. Voting shall occur in
j- the following manner: Voting shall be by voice vote. Each member of the
~)
26 Commission shall vote for one nominee in each round of voting until one
27 person obtains a majority vote. If no nominee obtains a majority in round
28 one, there is another round of voting but the nominee with the least number
29 of votes does not move on to round two. If there are four nominees in round
30 one, the nominee with the most votes wins. If only one member is
31 nominated to serve as Vice-Mayor, the Mayor shall declare the nominee
"" appointed by acclamation without the necessity of a vote.
-'..:;..
,.,,.,
.:l.:l
34 Section 4. Each and every other proVISIOn of Charter, not herein specifically
35 mended shall remain in full force and effect as previously enacted.
1 Section 5. All ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed.
3 Section 6. Should any section or provision of this ordinance or portion hereof, any
4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
5 such decision shall not affect the remainder of this ordinance.
6 Section 7. Authority is hereby granted to codify said ordinance.
7 Section 8. This ordinance shall become effective immediately upon its passage
8 and adoption.
9 FIRST READING this _ day of ,2008.
10
11 SECOND, FINAL READING AND PASSAGE this day of ,
12 2008.
13 CITY OF BOYNTON BEACH, FLORlDA
14
15
16 Mayor - Jerry Taylor
17
18
19 Vice Mayor - Jose Rodriguez
20
21
22 Commissioner - Ronald Weiland
23
24
25 Commissioner - Woodrow L. Hay
26
27
28 Commissioner - Marlene Ross
29 ATTEST:
30
31
32
33 anet M. Prainito, CMC
34 ity Clerk
35
36
37 (CORPORATE SEAL)
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
... Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon)
o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon)
o January] 5, 2008 December 3],2007 (Noon) o March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) ~ April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements ~ Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the final recommendations put forth by the American Assembly
Implementation Sub-Committees, as they directly correlate to the American Assembly Policy Statement Action Items.
Also, provide direction to the Implementation Team on how to proceed with addressing those recommendations that
cannot be directly related to the American Assembly Policy Statement, and those Action Items from the Policy
Statement that were not addressed by the Sub-Committees.
EXPLANATION: The Implementation Team has created a Gap Analysis (Exhibit A) based on the Action Items
directly extracted from the American Assembly Policy Statement. This document identifies the action items submitted
to each sub-committee, the recommendation for that action item from the sub-committee, and the outcome of the
process; whether an actual recommendation for approval by the Commission, or an area that was not addressed by
the sub-committee (Exhibit B), or a recommendation made by the sub-committee that cannot be traced back to an
original action item. The following list identifies only the recommendations for approval by the Commission:
1. Mandatory training for all elected officials (new and current) through the Florida League of Cities Institute
of Municipal Officers.
2. Establish an interlocal agreement or partnership with the Woman League of Voters to provide city sponsored
education and training during election years.
3. Create two (2) Mega-Districts which overlay the entire city, in which candidates would be elected at large,
and creating a seven member City Commission.
4. Maintain part-time status of all elected officials.
5. Do not increase compensation for current elected officials.
6. Mega-District Commissioners receive a higher rate of compensation than Single-District Commissioners.
7. City Commission is included in a pension benefit program as applicable.
8. Encourage all Advisory Board members to attend the Florida League of Cities Institute of Municipal Officers
and create an Advisory Board handbook.
9. Hold Advisory Boards accountable by mandating quarterly or biannual reports to the City Commission on
the goals and objectives of the board.
10. Create an Education Coordinator position to serve as liaison between the City Commission and the School
Board of Palm Beach County. This position's duties would include, but not be limited to, being the
representative for SAC; facilitate the showcasing of Boynton Schools; work with Quantum Park to create
sidewalks for BBHS; work with the Boynton Beach Booster Club; and facilitate a Principal's Roundtable for
Boynton schools.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
11. Create a task force with representation including but not limited to the City Commission, Police Department,
Recreation & Parks, Education and Youth Advisory Board, the School Board of Palm Beach County, a
teacher, and the head of the Boynton Beach High School Student Government to study, evaluate, and
implement procedures to reduce drop-out rates, crime and delinquency.
12. Reassess Traffic Concurrency Exception Areas. High density allowed in the downtown should require some
local level of road concurrency with particular attention paid to intersection capacity.
13. Implement "Streetscape Programs" in targeted redevelopment areas and allocate additional funding to road
improvement, maintenance and beautification, with emphasis in the CRA district.
14. Eliminate the Shopper Hopper and evaluate other means whereby both low-income and elderly Boynton
Beach residents can achieve personal mobility at minimal expense to the city.
15. Create a Citizen Task Force to include local residents, businesses, city and CRA staff to continuously evaluate
parking needs in the Central Business District, and other traffic concerns city-wide; to develop parking and
space use allocation strategies; and to make recommendations to the Commission to include all matters
involving City Code changes.
16. Install parking meters downtown and along Federal Highway to generate funds to meet future parking needs.
17. Secure a downtown parcel that will serve as a parking lot to be large enough to accommodate a parking
garage in the future.
18. Use CRA monies or Parking Fee-in-Iieu funds to land bank smaller lots along Federal Highway for use as
small parking areas and collect fund from developers in lieu of providing parking to be commensurate with
the cost of constructing decked parking spaces.
19. Maintain all major roadways in the city as greenways in order to approve appearance, safety and the
connectivity of bike lanes.
20. Hire a full-time CRA staff person (Code Compliance Officer) that would be liaison to outside agencies to
improve and maintain streetscapes and enforce cleanup of construction sites.
21. Establish interlocal agreement with Palm Tran to construct bus shelters without advertising.
22. Preserve all remaining industrial land, actively market remaining industrial land to potential businesses with
emphasis on technology and bioscience industry and convert undeveloped land back to industrial use.
23. Continue to support mixed use developments within the city and actively pursue residential developers for
targeted revitalization areas.
24. Hire an Economic Development Director by either:
a. RFP for independent consultant to develop an economic strategy;
b. Full-time position as city employee;
c. Contract through CRA for full-time position for one year to concentrate on CRA district and at the
beginning of year two, fund the position between the CRA and the city, with expanded scope to
include the entire city. (This is the option that the sub-committee recommends).
25. Hire CRA Code Enforcement Officer to utilize eminent domain to improve trouble areas such as strip clubs,
abandoned properties and other identified crime nodes. (Not legal in Florida).
26. Establish a Community Relations Team and create a "Community Relations Road Show" to establish a sense
of community and common purpose.
PROGRAM IMPACT: Program impact will be determined based on the recommendations approved for
implementation.
FISCAL IMPACT: Fiscal impact will be determined based on the recommendations approved for implementation.
AL TERNA TlVES: Not to approve the sub-committee recommendations. Direct the Implementation Team to provide
recommendation for proceeding with non-addressed action items and other recommendations from the sub-
committees (GAP items) or appoint a committee to address or items, or the Commission can initiate recommendations
for GAP items.
SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
EXHIBITS:
A. Gap Analysis
B. Action Items Not Completed.
C. Original Policy Statement from American Assembly
Assistant to City Manager OM_
Department Name City Attorney I Finance
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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Exhibit B
American Assembly Policy Statement Action Items Not Completed
1, To promote cohesion within the City government, develop a plan for holding
semi-annual goal-setting and brainstorming,
2, Establish clear goals and objectives for advisory boards,
3, Publish information about City decision-making processes,
4, Establish a central call center to notify citizens of upcoming meetings, openings
on advisory boards, etc.
5. Convey information through faith-based institutions
6. Publicize, translate and broaden the distribution of the City Services Guide,
7, Suggest ways to encourage all sectors of the community to re-evaluate their level
of support and commitment to the schools within the City,
8, Evaluate the quality of translation services for children who speak English as a
second language
9. Suggest ways to encourage community organizations, including the Greater
Boynton Beach Chamber of Commerce to increase its involvement in all grade
levels in the City's schools.
10, Develop strategies to encourage involvement by parents and other stakeholders
which can spur improvements in school performance and student achievement.
11. Promote the booster club for Boynton Beach High.
12. Develop strategies for:
a, Creating a Youth Center to draw children from the streets and involve
them in constructive activities;
b, Trying to attract a Boys and Girls Club to Boynton Beach
c, Seeking funding for before and after school care, camp programs and
programs for the handicapped.
13, Suggest ways the public can be kept informed of infrastructure needs and
improvements,
14, The Committee should develop strategies to encourage Palm Tran to consider
adding an east-west connection on Boynton Beach Boulevard from State Road 7
to the beaches, It could be partially self-supporting through fees from riders.
15, Develop strategies for:
a, Preserving and marketing the industrial land in Boynton Beach;
b. Leveraging the value of 600 ft, of waterfront property to include revenue-
generating boat slips in Intracoastal Park;
c, Creating an attraction to draw consumers to the downtown,
16. Identify any perceived divisions (geographically, economically, age-wise,
ethnically and racially) and develop recommendations to promote greater unity,
17. Create spaces, events, and forums for collaboration and interaction:
a, Boynton Beach is a "city of varied cultures." Develop a plan for
continuing to hold and expanding upon events that celebrate this
diversity,
b, Boynton Beach has competing centers scattered around the City. Identify
and develop strategies for promoting particular areas as the city-center,
the cultural center, library and recreation facilities.
c, Develop ideas and identify partners for a signature event that highlights
the City's character and successes,
18. Evaluate the establishment of a Community Events Commission as a citizen-
based organization to guide development and timing of special events that are
inclusive and representative of the multicultural heritage of Boynton Beach.
Exhibit C
POLICY STATEMENT
THE BOYNTON BEACH ASSEMBLY:
COMMITTING TO OUR FUTURE
October 20 and 21, 2006
Hutchinson Island Marriott Beach Resort
Hutchinson Island, Florida
Sponsored by
The City of Boynton Beach
with financial assistance from
The Palm Beach County Board of County Commissioners
The Boynton Beach Community Redevelopment Agency
Compson and Associates
Coordinated by
The John Scott Dailey Florida Institute of Government
at Florida Atlantic University
777 Glades Road
Bldg. 44, Room SO 277
Boca Raton, FL 33431
POLICY STATEMENT
THE BOYNTON BEACH ASSEMBLY:
COMMITTING TO OUR FUTURE
At the close of their discussion, the participants of this assembly reviewed and
adopted as a group the following statement. The statement represents general
agreement. However, no one was asked to sign it. Furthermore, it should not
be assumed that every participant subscribes to every recommendation,
I. INTRODUCTION
A. This report is from the Boynton Beach Assembly: Committing to Our Future, which
was held at Hutchinson Island on October 20-21,2006, Approximately 70 people
participated, The assembly's purpose was to establish a shared vision for the
future of Boynton Beach and policy recommendations for moving the City toward
that goal.
B, Impetus for the assembly came from the City Commission, Financial support was
provided by the City Commission, the Palm Beach County Board of County
Commissioners, the Boynton Beach Community Redevelopment Agency, and
Compson and Associates,
C. The assembly was planned by a Steering Committee of nine members with diverse
backgrounds and interests, The Steering Committee identified the interests to be
invited, selected the groups and individuals to represent those interests, wrote the
questions to be addressed, and reviewed the assembly background paper, The
assembly was facilitated by the John Scott Dailey Florida Institute of Government at
Florida Atlantic University,
1
0, The Steering Committee selected assembly participants to reflect many aspects of
Boynton Beach, including geography, business, government, civic groups, religion,
minorities, retirees, youth, the environment, education, and others. The questions
addressed at the assembly included community relations and governance;
economic development and neighborhood revitalization; infrastructure; education
and community services; and procedures for follow-up and implementation.
E, An earlier assembly in 1996, Boynton Vision 20/20, laid the foundation for the
present discussion, Vision 20/20 led to many positive initiatives and achievements,
Among other accomplishments, a Community Redevelopment Agency was
established; voters adopted term limits for City Commissioners; neighborhood
associations were formed or reinvigorated; more mixed-use development was
encouraged; and police, fire protection, youth programs, and neighborhood
services were enhanced,
F, The Boynton Beach Assembly: Committing to Our Future reflects the ongoing
efforts of Boynton's political and community leaders to maintain and enhance the
City's quality of life. The citizenry is committed to sustained involvement in City
politics, planning, and action,
II. COMMUNITY RELATIONS/GOVERNANCE
A. Boynton Beach has the potential to become a true gem of Palm Beach County, but
to do so the citizenry and its leaders must foster a sense of community and common
purpose, unite on critical issues, and marshal their resources to take advantage of the
City's strengths and address its weaknesses,
2
B. The City would like to overcome any perceived divisions: geographically,
economically, age-wise, ethnically and racially,
C. To a degree, such divisions are inevitable in a large, diverse, South Florida city, but
in Boynton Beach they are exacerbated by the fact that single-member districts for
City Commissioners may foster parochialism among Commissioners and citizens
alike. City Commissioners try to represent the whole City, but they are inevitably
focused on the districts from which they are elected. Their constituents often tend
to follow suit because, for good reasons, citizens are encouraged to take their
issues to the commissioner from their district.
D, To promote a sense of community and common purpose, the Assembly participants
recommend that the following be explored.
1. Consider changing the system of governance. Single-member districts are
important for minority representation, and they should be retained,
Commissioners need to be more responsive to all areas of the City, not only
to their respective districts,
2. Encourage the most qualified individuals to seek election to the Commission,
and allow the Commissioners to devote the time necessary to properly carry
out their duties, by raising the salaries of the Commissioners and Mayor.
3, Create spaces, events, and forums for collaboration and interaction.
a. Boynton Beach is a "city of varied cultures," Continue to hold and
expand upon events that celebrate this diversity.
:3
b. Boynton Beach has competing centers scattered around the City. The
City should identify and promote particular areas as the city-center, the
cultural center, and so on,
c, Establish a booster club for Boynton Beach High School.
d. Hold a signature event that highlights the City's character and
successes.
4, Take the City to the community, Encourage Commissioners and other City
officials to attend community meetings to inform citizens of City goals and
other news,
5, Promote cohesion within the City government.
a, Hold semi-annual goal-setting and brainstorming sessions,
b, Establish clear goals and objectives for advisory boards, and hold them
accountable,
c. Establish a training program for advisory board members to give them a
city-wide perspective.
6. Augment the City's public information activities,
a. Publish information about City decision-making processes,
b, Establish a central call center to notify citizens of upcoming meetings,
openings on advisory boards, etc.
c, Convey information through faith-based institutions.
d, Publicize, translate, and broaden the distribution of the City Services
Guide.
4
III. ECONOMIC DEVELOPMENT/NEIGHBORHOOD REVITALIZATION
A. The City must continue to attract a mix of high-value industrial, commercial, and
residential development that will strengthen the tax base and generate good jobs for
residents without adversely affecting the City's neighborhoods and community
character.
B. Based on former successes, the City should continue to
1. Focus on distinct geographical areas and community assets;
2. Be persistent; and
3. Coordinate or partner with private developers.
C. Economic development activities within the City administration should be elevated
and reorganized, as follows:
1. Hire an Economic Development Director and staff and develop an economic
development program.
2. Consider seeking cost-sharing for this office from outside entities.
3. Assign this office responsibility for:
a. Identifying the types of businesses and industries that Boynton should
try to attract.
b. Breaking the City into zones or quadrants, and tailoring economic
development strategies to each zone,
c. Working with the Business Development Board of Palm Beach County,
the CRA, and others to identify and/or develop incentives for businesses
to locate in Boynton Beach.
...,
d. Developing incentives and support services to help businesses stay in
Boynton Beach.
e. Encouraging the development of and serving as liaison with multiple
merchant associations throughout the City.
D. The City's political and administrative leadership should identify and take advantage
of key land uses and other assets. Consideration should be given to:
1. Preserving and marketing the industrial land in Boynton Beach.
2. Leveraging the value of the 600 feet of waterfront property to include revenue-
generating boat slips in Intracoastal Park.
3. Creating an attraction to draw consumers to the downtown.
E. While focusing on particular assets and targets of opportunity, the City should take
steps to improve the community's overall appearance and safety.
1. To promote safety:
a. Improve infrastructure and expand street lighting to all intersections,
hazardous locations, and to high crime areas identified by the Police
Department.
b, Encourage community involvement in neighborhood refurbishment to
promote community pride,
c. Develop a tactical plan to focus and coordinate police and code
enforcement on locations and businesses that attract or contribute to
crime. These crime nodes might include liquor stores, abandoned
properties, etc.
6
2. To improve appearance:
a, Improve and maintain the City's streetscapes. Lobby the County to
assume responsibility for funding streetscaping of all of the county roads
in the City.
b. Encourage outside agencies and corporations (FPL, Bell South. Palm
Tran, etc,) to complete repairs and clean up their debris.
c. Improve bus stops.
d. Provide more trash containers.
e, Continue providing grants for homeowners to improve their property,
f. Enforce cleanup of construction sites.
F, Affordable housing is important to economic development, but the high cost of
housing is a nationwide problem. While recognizing that there are limits to what
Boynton Beach can do to reduce housing costs locally, the City should:
1. Develop and present available options to increase the availability of
affordable housing in Boynton Beach;
2. Offer incentives to developers for building affordable housing; and
3. Coordinate with state and county affordable-housing agencies,
IV. INFRASTRUCTURE
A. Boynton Beach, like many other older municipalities in South Florida, faces a dual
challenge: repairing or replacing aging infrastructure that is decaying, outdated, or
inadequate to keep up with the demands of a growing population and providing
services and facilities for new residential and commercial development. Planning
efforts, funding, and human resources must be carefully balanced if the City is to
7
succeed on both fronts. Inform the public that the City's infrastructure is aging and
significant investments will soon be needed.
B. Water, In general, Boynton Beach is doing a very good job in dealing with water
issues. The City is addressing potable water demands to assure that the City has
adequate supplies through 2025. However, the City does face two issues involving
wastewater treatment and disposal that must eventually be resolved.
1. Boynton Beach will eventually be prohibited from pumping wastewater
offshore at the present location, Boynton Beach and Delray Beach must
work together to find alternatives to ocean outfall from the communities'
wastewater treatment plant. The two cities' wastewater will either have to be
pumped further out from shore, injected into deep wells, reused, or a
combination thereof. All options will be expensive.
2. The South Florida Water Management District, as part of the City's water
consumptive use permit, is calling on Boynton Beach to increase wastewater
reuse for irrigation, This requirement is not unique to Boynton Beach. The
main expense here is for the pipes to distribute the recycled water and to
provide storage facilities for the recycled water until it can be used for non-
potable purposes.
C. Roads. The majority of roads leading into and within the limits of Boynton Beach fall
under the jurisdiction of the State of Florida and Palm Beach County. The City's
Division of Roads and Streets is responsible for asphalt and concrete restoration,
street sweeping, bridge restoration and guardrails, filling potholes, repairing road
edges, and replacing street signs.
8
1. The City should hire an urban planner with expertise in transportation,
parking, intermodal transfers, and the like. A person with these skills is
needed to study and document transportation issues in Boynton Beach, and
to negotiate with state agencies, the County, and other municipalities
2. The City's plans should assure adequate capital funding for maintenance of
pavements, sidewalks, streetlights, and landscaping. The streets cape
program needs to be expanded to support the economic-development
requirements discussed above.
3. When City-maintained roads are reconstructed, community involvement
should be solicited so that the work considers community needs and
preferences.
4. Collector roads should be the priority,
5. The City should work with Palm Beach County to optimize traffic signal timing
coordination.
0, Public Transportation. Palm Tran, Tri-Rail, and other public transportation services
are a valuable resource for those seeking an alternative to driving or who do not
have access to an automobile.
1. The City should encourage Palm Tran to consider adding an east-west
connection on Boynton Beach Boulevard from State Road 7 to the beaches.
It could be partially self-supporting through fees from riders,
2. Consideration should be given to expanding the trolley system, which is
currently supported by the CRA. The City should explore the possibility of
partnering with the CRA to expand the service,
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3. Expand the Shopper Hopper and publicize its connections.
4. Establish a municipal parking authority and create parking facilities that satisfy
local parking demand and function as transportation hubs.
5. Support a dedicated funding source for regional transit.
E. Parks and Recreation. Well-maintained and conveniently located parks and
recreational facilities make a significant contribution to the quality of life within a city.
1. The City does a very good job of maintaining its existing parks and
recreational facilities. The current advisory board is functioning well, and the
staff are competent and proactive.
2. Community involvement can be encouraged by holding functions and public
meetings in Boynton Beach parks.
3. The City should study the feasibility of a beach and parks assessment.
4. Expand the greenway system and its connectivity.
V. EDUCATION AND COMMUNITY SERVICES
A. The quality of local schools and other educational facilities and services is an
important consideration in where people choose to work and live. This means that
schools have a major impact on economic development.
1. Communication between the City and the school district needs to be
improved, The City Commission should meet with the School Board of Palm
Beach County on a regular basis and make it a priority to work on improving
the reputation, quality, and facilities of public schools in Boynton Beach.
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Consideration should also be given to establishing a City position to serve as
a liaison between the City Commission and the School Board of Palm Beach
County.
2. All sectors of the community should re-evaluate their level of support and
commitment to the schools within the City.
3. The disparity between the enrollments of Boynton Beach High School and
Park Vista High School will be addressed next year by adjusting school
boundaries. The Boynton Beach community needs to start speaking out now
about its interest in this decision.
4. The quality of translation services for children who speak English as a second
language needs to be addressed.
5. Encourage the Greater Boynton Beach Chamber of Commerce to increase its
involvement in all grade levels in the City's schools.
B. Informed involvement by parents and other stakeholders can spur improvements in
school performance and student achievement. Moreover, the City, through its Office
of Public Affairs, should include information about Boynton Beach schools in its
community newsletter and other public communications.
C. The City should increase recreational programs for children by:
1. Creating a Youth Center to draw children from the streets and involve them in
constructive activities;
2, Trying to attract a Boys and Girls Club to Boynton Beach; and
3. Seeking funding for before- and after-school care, camp programs, and
programs for the handicapped.
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4. The City Commission should create a task force with representation including
but not limited to the City Commission, Police Department, Recreation and
Parks, Youth and Education Advisory Board, the School Board of Palm Beach
County, a teacher, and the head of the Boynton Beach High School Student
Government to study, evaluate, and implement procedures to reduce drop-out
rates, crime, and delinquency.
VI. FOLLOW-UP AND IMPLEMENTATION
A. Progress in implementing the recommendations from this assembly should be
monitored, and the findings should be reported to the participants at regular
intervals.
B. Within 60 days, the City Commission should draft an implementation plan that
breaks out action steps, assigns responsibilities to appropriate parties (including the
appropriate advisory boards), and establishes reporting requirements and
timeframes.
C. The City Commission should establish an advisory committee to oversee the plan's
implementation and prepare reports for distribution to the Commission and the
assembly participants.
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THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE
October 20 and 21, 2006
Hutchinson Island Marriott Beach Resort
Hutchinson Island, Florida
ATTENDEES
Beverly Agee Devon Coughlan
Member, Boynton Beach Bldg. Board of Board President Elect
Adjustments and Appeals Greater Boynton Chamber of Commerce
Cheryl Arflin Sander Cowen
Member, Arts Commission Advisory Board Hunter's Run
Matthew Barnes Eleanor Daly
Registered Nurse
William Bingham
Chief, Fire Rescue, City of Boynton Beach Al DeMarco
Realtor
James Bogert
Vice President. Palm Beach Leisureville Ralph Diaz
Community Association Real Estate & Mortgage Broker
Kurt Bressner Brian Edwards
City Manager, City of Boynton Beach Senior Vice President of Resource
Development, United Way of Palm Beach
Lisa Bright County
Executive Director, Boynton Beach CRA
Bob Ensler
Buck Buchanan Commissioner, City of Boynton Beach
Greater Boynton Chamber of Commerce
Scarlett Fave
Angela Budano Social Services Coordinator. Caridad
Member. Alis Commission Advisory Board Center
Nancy Chandler Mike Ferguson
Systems Manager, School District of Palm Commissioner, City of Boynton Beach
Beach County/INCA
Larry Finkelstein
Lance Chaney President. Lamar Realty Corp.
Reverend, St. 101m's Missionary Baptist
Church David Floering
Eastern Auto Body and Glass
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Christiane Francois Glenn Jergensen
Vice President, The Greater Boynton Beach President, Greater Boynton Chamber of
Sister Cities Committee, Inc. Commerce
Reverend Randall Gill Robert Kanjian
Minister, First Presbyterian Church School Board Member-Elect, District 4,
School Board of Palm Beach County
Joe Green
Founder and Principal Barbara Katz
Delray-Boynton Academy President, Coalition of Boynton West
Residential Assn.
Patti Hammer
Member, Boynton Beach Recreation & David Katz
Parks Board Former City Commissioner
Dale Hatch Jayne Kupperman
Owner, Ace Hardware Community Relations Coordinator
School District of Palm Beach County
Reverend Woodrow Hay
Minister, S1. Jolm Missionary Baptist James Kurtzman
Church Treasurer, Temple Beth Kodesh
Jeanne Heavilin Larry Lederhandler
Board Member, Boynton Beach CRA Treasurer, Local 1891 Firefighters Union
Robert Hill Carisse LeJeune
President, Bethesda Memorial Hospital Assistant to the City Manager, City of
Boynton Beach
Edward Hillery, Jr.
Director of Public Safety, Town of Ocean Barbara Lentz
Ridge President, Art Sea Living
Marie Horenburger Frank Lindsay
Board Member, Boynton Beach CRA Vice President, Board of Governors
Colonial Club Condominium Association
Ward Houston
President, Boynton Beach Leisureville Jeffrey Livergood
Community Association Director of Public Works and Engineering
City of Boynton Beach
G. Matthew Immler
Chief of Police, City of Boynton Beach Terry Lonergan
President, Meadows 300 POA
Shirley Jaskiewicz
Member, Boynton Beach Planning and Carol Lundquist
Development Board
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Jack Lynch Jose Rodriguez
Board President. Nautica HOA Commissioner Elect. City of Boynton
Beach
Carl McKoy
Vice Mayor, City of Boynton Beach Barbara Rudd
Vice President
Martha Meeks Light In10wn Partners. LLC
Gene Moore Michael Rumpf
Attorney Director, Planning and Zoning, City of
Bovnton Beach
Roberto Moreno
President. Citrus Glen HOA Elayne Russell
Board Member, In The Pines, Inc
Dan Morrison
Palm Beach Leisureville Comm. Assn. Sister Lorraine Ryan
Coordinator, Women's Circle, Inc..
Steve Myott
Board Member, Boynton Beach CRA Guarn Sims
Board Member, Boynton Beach CRA
Stormet Norem
Vice Chair, Boynton Beach CRA Jerry Taylor
Mayor, City of Boynton Beach
Suzanne Novita
Henderson Tillman
Quetel Osterval Chair, Boynton Beach CRA
President, UTEL. Inc.,
Stephen Waldman
Diane Pacheco Chair, Boynton Beach Education and Youth
Director, Development & Program Advisory Board
Compliance, Palm Beach County Literacy
Coalition
Lena Rahming
Center Director, Head Start/Boynton Child
Care
] 5
THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE
STEERING COMMITTEE
Beverly Agee
Board Member
Boynton Beach Building Board of Adjustment and Appeals
Lisa Bright
Executive Director
Boynton Beach Community Redevelopment Agency
Larry Finkelstein
President, Lamar Realty Corporation
Patti Hammer
Board Member
Boynton Beach Recreation & Parks Board
Former City Commissioner Shirley Jaskiewicz
Board Member, Boynton Beach Planning and Development Board, and
City Commissioner, 1995 - 1999
Glenn Jergensen
President/CEO
Greater Boynton Beach Chamber of Commerce
Former City Commissioner David Katz
City Commissioner, 1993 - 1995
Dr. Martha Meeks Light
Diane Pacheco
Director, Development & Program Compliance
Palm Beach County Literacy Coalition
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