Agenda 02-17-09
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
FEBRUARY 17, 2009
Jerry Taylor
Mayor - At Large
Kurt Bressner
City Manager
Jose Rodriguez
Vice Mayor - District III
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, 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).
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City of Boynton Beach
REGULAR CITY COMMISSrON MEE77NG
AGENDA
February 17, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
1. Oceanfront Concert Series presents a FREE concert on Friday, February
20, 2008 at Oceanfront Park from 6 p.m. to 9 p.m. featuring the music of
Cricklewood. Parking onsite or park and ride the shuttle from the Bank of
America. Food and drink vendors will be available.
C. Presentations:
1. Proclamations
None
2. Presentations:
a. Presentation by Lawrence W. Casey, CEO of the American Red
Cross Greater Palm Beach Area Chapter on Disaster Preparedness
as well as Health and Safety Services.
1
Agenda
Regular City Commission
Boynton Beach, FL
February 17, 2009
b.
Presentation by Stacey Robinson, Director of the Youth Violence
Prevention Project, regarding the Boynton Beach Youth
Empowerment Center's annual report.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
v. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 Tabled (2)
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (2)
III Rodriguez Cemetery Board Alt 1 yr term to 12/09 Tabled (3)
I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
II Hay Code Compliance Board Alt 1 yr term to 12/09
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
I Weiland Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Tabled (2)
I Weiland Recreation & Parks Board Alt 1 yr term to 12/09 Tabled (2)
II Hay Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - February 3, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
2
Agenda
Regular City Commission
Boynton Beach, FL
February 17, 2009
1. Approve payment of $104,842.92 to continue annual maintenance and
support from Sungard, HTE, Inc., the City's enterprise-wide application
software provider that is used for financial reporting, utility billing,
payroll, occupational licenses, work-orders and other City functions.
2. Approve the purchase of 50 desktop computers at $890.64 each, totaling
$44,532 and four laptop computers at $780.90 each, totaling $3,123.60
for the Library for a total cost of $47,655.60 using Florida State Contract
#250-040-08-1 pricing through Dell Computers with funding from State
Aid Funds. The fiscal impact to the City of Boynton Beach is $0.
3. Multi-award the "ANNUAL BID FOR HARDWARE SUPPUES", Bid #016-
1412-09/0D, on an overall basis to the lowest, most responsive,
responsible bidder who meets all specifications with an estimated annual
expenditure of $55,000.
4. Award the "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH, OCEANFRONT PARK, LOCATED AT 6415 N. OCEAN
BOULEVARD, OCEAN RIDGE, FL", RFQ #015-271O-09/JA TO B & J
CATERING INC. OF DELRAY BEACH, FL. Lease payments provided to the
City of Boynton Beach in the amount of $500 per month. (Proposed
Resolution No. R09-031)
C. Resolutions
1. Proposed Resolution No. R09-032 RE: Approving and
authorizing execution of an Interlocal Agreement with the Solid Waste
Authority for a Municipal Recycling Program and the Delivery of Municipal
Solid Waste to a designated facility.
2. Proposed Resolution No. R09-033 RE: Approving and
authorizing execution of Amendment No.2 to Task Order U07-4-3 with
CDM, for the final design and construction services of the Sodium
Hypochlorite Onsite Generation (OSG) system for the East Water
Treatment Plant in the amount of $194,700 plus a 10% contingency
amount for unforeseen conditions, for a total, not-to-exceed value of
$214,170.
3. Proposed Resolution No. R09-034 RE: Approving and
authorizing the reclassification of a full time Recreation Specialist
position, pay grade 10, in the Recreation and Parks Department to a full
time Parks Maintenance Worker, pay grade 6; reclassification of a full
time Code Compliance Inspector position, pay grade 11 to a full-time
Code Compliance Officer, pay grade 16; and approve the upgrade of the
incumbent.
3
Agenda
Regular City Commission
Boynton Beach, FL
February 17, 2009
4. Proposed Resolution No. R09-035 RE: Approving the
establishment of a Governmental Money Purchase Plan and Trust 401(a)
for all full-time employees of the City of Boynton Beach and execute
Administrative Service Agreements to appoint Nationwide Retirement
Solutions (NRS) and ICMA Retirement Corporation (ICMA/RC) as Plan
administrators.
5. Proposed Resolution No. R09-036 RE: Approving and
authorizing a community partnership with Workforce Alliance, Inc., by
entering into a "Community Service & Work Experience Program"
agreement for participants to gain work experience (non-paid job
training) at the City of Boynton Beach, as employees of the State of
Florida, with no financial impact to the City.
6. Proposed Resolution No. R09-037 RE: Approving the
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
7. Proposed Resolution No. R09-038 RE: Approving the
Boynton Village Park Dedication Agreement with Congress Avenue, LLC,
which includes the acceptance of the 2.195-acre parcel of land to satisfy
the park land dedication requirement, and the acceptance of the quit
claim deed for the 3,213.53 square foot adjacent "sliver parcel".
8. Proposed Resolution No. R09-039 RE:
Approving and authorizing execution of an agreement for
construction service between the City of Boynton Beach and 1950
congress Avenue, LLC., to perform water and sewer main improvements
in coordination with the widening of Old Boynton Road at a cost of
$390,682.50 with a 10% contingency for a total cost of $429,750.75.
D. Accept the written report to Commission of purchases over $10,000 for the
months of December 2008 and January 2009.
VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Boynton Beach Cancer Center (ZNCV 09-001)
Richard K. Brooks. Jr. AIA, NCARB
4
Agenda
Regular City Commission
Boynton Beach, FL
February 17, 2009
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
D.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of Woolbright Road and
SW 22nd Street)
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
11.H.16.d(19), requiring 32 parking spaces, to provide 26 parking
spaces; a variance of 6 parking spaces, to allow an addition to a
medical office within a C-1 Office Professional zoning district.
Boynton Beach Cancer Center (MSPM 09-001)
Richard K. Brooks. Jr. AIA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of Woolbright Road and
SW 22nd Street)
Request for Major Site Plan Modification approval for an
approximately 1,000 square foot, second story medical office
addition in the C-1, Office Professional zoning district.
The Learning Place II (SPTE 09-003)
Scott Freeland and Catherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of Citrus Grove
Elementary School and the LWDD L-21 Canal
Request for a third one (1) year time extension for the New Site
Plan and Conditional Use (COUS 04-008) approved on October 18,
2005, thereby further extending site plan approval from October
18, 2008 to October 18, 2009.
Chow Hut (SPTE 09-004)
Douglas Peters
Douglas Peters
558 Gateway Boulevard
Request for a third one (1) year Site Plan Time Extension for the
Major Site Plan Modification (05-007) approved on November 1,
2005, thereby further extending site plan approval from November
1, 2008 to November 1, 2009.
IX. CITY MANAGER'S REPORT:
A. Follow-up report on possible relocation of City Offices
B. Staff report on legal review for vacating NE 12th Avenue right-of-way (Tabled on
February 3, 2009)
5
Agenda
Regular City Commission
Boynton Beach, FL
February 17, 2009
X. FUTURE AGENDA ITEMS:
A. Approve the report on disposition of surplus computers. (Tabled on January ~
2009) - March 3, 2009
B. Proposed Code amendments relating to reclaimed water - March 3, 2009
C. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions) - March 17, 2009
D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
E. Review and consideration of approval of Auburn Master Development Agreement
(Proposed Resolution No. R09-0l8) Tabled on January 20, 2009
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. 09-016 RE: Adopting the
Boynton Beach Administrative Amendments to the 2007 Florida Building
Code and Amendments thereto.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
None
6
Agenda
Regular City Commission
Boynton Beach, FL
February 17, 2009
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DEOSION 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 AUXIUARY 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 PAM WELSH, (561) 742-6013 AT LEAST 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 2/10/09 11:15 a.m.
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III.-ANNOUNCEMENTS &. PRESENTATIONS
Item B.l.
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 16, 2008 December 1,2008 (Noon) [gJ February 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17, 2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) D March I 7, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) D April 7,2009 March 16, 2009 (Noon)
[gJ AnnouncementslPresentations 0 City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Announce the upcoming Oceanfront Concert.
EXPLANATION: On Friday, February 20, 2008, the Boynton Beach CRA, the City of Boynton Beach
and The Palm Beach Post will present an Oceanfront Concert, featuring the music of Cricklewood
presenting a selection of oldies, rock n roll and disco. This FREE concert will take place from 6:00 PM
to 9:00 PM at Oceanfront Park located at 6415 N. Ocean Blvd, Ocean Ridge. Food and Drink vendors are
available. Please bring your folding chairs and be prepared to dance the night away. Parking onsite or
park and ride the shuttle from the Bank of America on the comer of US 1 and East Ocean Avenue. The
shuttle runs from 5:30 PM - 9:30 PM.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
(!J!JJ ~
City Manager's Signature
Assistant to City Manager {;,;wl---
Department Name
City Attorney / Finance
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III.-ANNOUNCEMENTS 8r. PRESENTATIONS
Item C.2.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 16,2008 December 1,2008 (Noon) [gJ February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15,2008 (Noon) D March 3,2009 February 17, 2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
[gJ Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Allow presentation by Lawrence W. Casey, CEO of the American Red Cross Greater Palm Beach
Area Chapter.
EXPLANATION: Mr. Casey would like to make a presentation to the Boynton Beach City Commission regarding
collaborative opportunities with the American Red Cross on Disaster Preparedness as well as Health and Safety Services.
PROGRAM IMPACT: To raise awareness of the American Red Cross Greater Palm Beach Area Chapter.
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to allow the presentation.
~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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lIt.-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 16, 2008 December 1,2008 (Noon) ~ February 17,2009 February 2,2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19, 2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
~ 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 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Allow presentation by Stacey Robinson, Director of the Youth Violence Prevention Program,
regarding the Boynton Beach Youth Empowerment Center's annual report.
EXPLANATION: This presentation will consist ofa 3-5 minute DVD highlighting the events, programs and youth
who attend our center. We will have two youth that will speak regarding their experiences at the center and how the
Youth Empowerment Center (YEC) has impacted their lives. The conclusion of the presentation will be a short
update from Brenda Oakes, Criminal Justice Commission, regarding the overall Youth Empowerment Program. The
total presentation time being requested is 15 minutes.
PROGRAM IMPACT: The impact of this presentation will be to inform the Commission and the community about
the YEC; its overall progress in the last year and its impact in the community.
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to allow the presentation.
J4~
City Manager's Signature
feu @/ /};JL1,~--h )UA~.
Department Name
Assistant to City Manager
CVh.0
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 2/17/09
Last Name First Name 1 sl Choice 2nd Choice 3rd Choice
Anton Steve Arts Com
Darby Richard Planning & De\'. Veterans Adv. Building Bd of
Bd. Commission Adj. & Apls.
LaRock Kirk Code Compliance Community
Bd. Relations Bd.
Tengbergen Sherie Arts Com
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VI.-CONSENT AGENDA
ITEM B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December I, 2008 (Noon) ~ February 17, 2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19, 2009 (Noon) 0 April 7,2009 March 16, 2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION:
Approve the payment of $104,842.92 to continue Sungard HTE Inc.'s annual maintenance and support from January 1, 2009
until December 31, 2009. The renewal is budgeted in the City's Information Technology Services (ITS) Software
Maintenance Account #001-1510-513-46-91.
EXPLANATION:
The City depends on over 30 HTE software modules to automate: accounting (general ledger, payables, etc.), purchasing,
utility billing, payroll, human resources, permitting, business licensing, fleet management, and many other City functions. In
addition, the City recently implemented additional HTE modules to serve our residents and businesses through eGovernment.
These include internet-based applications for utility bill payments, job applications, and business license renewals. By
implementing and supporting eGovernment applications (which allow the resident/business to self-pay, for example), the City
may be able to postpone the need for additional personnel, as well as save the residentslbusinesses time and transportation
cost.
HTE was initially purchased in 1997 at a cost of $530,000, and other modules were added recently. The HTE software
modules run on the City's dedicated IBM midrange computer.
HTE's annual support agreement provides for:
. 'Round-the-clock' (24 hours per day; seven days per week) maintenance for 30+ HTE modules.
. Software upgrades, whenever they are released, at no additional cost.
. 'Patches' (temporary fixes) for software problems
Despite the increased number of HTE software modules, the total support fee will now be less than the amount paid last year.
PROGRAM IMP ACT:
. City departments and ITS depend on HTE's functionality and availability to operate City 'business' activities. Due to the
complexity of these functions, City departments often find they need HTE support.
. Maintenance of these products is essential in generating city revenues, since utility billing, permitting, occupational
licensing, etc. are all processed using HTE.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
(Continued - page 2)
FISCAL IMPACT:
Last year's maintenance cost totaled $158,052. The budgeted amount for HTE support in the 2008-09 ITS budget (Software
Maintenance Account 001-1510-513-46-91) was increased to allow for a proposed 3% price increase plus support for new
modules. However, the attached invoices (totaling $104,842.92) are less than last year's payment, and will therefore come In
under budget this year. ITS staff instituted savings based upon:
. Eliminating the need for maintenance on a separate geographical user-interface ($15,730 saved);
. Eliminating software and hardware maintenance (together $3,586 saved) for a utility bill-pay kiosk; and
. Decreasing the fee for several newly implemented HR applications (approximately $33,000 saved)
ALTERNATIVES:
. These maintenance services are only available from the original software vendor.
. Discontinue maintenance and support. However, this leaves the City open to the following risks:
. The City's initial investment of $530,000 in 1997 could be lost if ongoing support is not funded. Plus, any new City-
wide software package could be considerably more expensive to purchase and implement.
. City financial transactions could be inoperable during any outage period.
. In many cases, if support is stopped, and then re-started later, all the back support must be re-paid.
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Information Technology Services
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C ty anager's Sig~re
Assistant to City
City
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SUNGARD" PUBLIC SECTOR
1 000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
wwwsungard .comfpublicsector
Service Invoice
INVOICE DATE 12/18/2008
INVOICE NO 886952 -SF
CUSTOMER NO. 1173/BYB2
TERMS Net 30
Due Upon Receipt
BILL TO:
City of Boynton Beach-RISC
Vicki Dornieden (NP) 561-743-6317
100 East Boynton Beach
BOYNTON BEACH, FL 33435
United States
Doc Type: MA
1of3
PAGE
DESCRIPTION
AMOUNT
Maintenance: Start: 01/JanI2009, End:
31/Decf2009
Contract No: 070324
QRep Catalogs for PI,CR (2@312.)
Contract No: 070657
Click2Gov Core Module Embedded
Contract No: 070659
Procurement Card
Contract No: 071101
Qrep Catalogs for HTE - LX, PZ, OL (3 @312)
Contract No: 071531
Human Resources
Cfick2Gov Applicants
ORep Administrator
ORep Catalogs for HR
ORep Catalogs for KA
Contract No; 080205
Click 2 Gov - Busines Licenses
Contract No: 080643
CJick2Gov Customer Information System
Contract No: 081071
QRep End User (3 @300)
624,,00
1,331.20
2,090.40
936.00
5,408.00
4,066,,00
312.00
312.00
300 00
2,277.60
4,755.00 t
900 00 I;
SunGard Public Sector Ine . Bank of America
REMIT PAYMENT TO: 12709 Collection Center Drive. Chicago, Il60693
TOTAL CONTINUED
SUNGARD. PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727 -8088
wwwsungard com/publicsector
Service Invoice
INVOICE DATE. 12/18/2008
iNVOICE NO
CUSTOMER NO
TERMS
886952 -SF
1173/BYB2
Net 30
Due Upon Receipt
BILL TO:
City of Boynton Beach-RISC
Vicki Domieden (AlP) 561-743-6317
100 East Boynton Beach
BOYNTON BEACH, FL 33435
United States
Doc Type: MA
2013
PAGE
DESCRIPTION
AMOUNT
Maintenance: Start: 01/Jan/2009. End:
31/DecJ2009
Contract No: 20030325
Ree Trac Interface to Cash Receipts
Ree Trac Interface to GMBA
Contract No: 20050825
BP Voice Response Teleworks
Contract No: 20060261
QRep End User HTE (10,@312,00)
Contract No: 20060609
NAVI-Building Permits
NAVI-Code Enforcement
NAVJ - Customer Information Systems
NA VI-Accounts Receivable
Naviline - Asset Management I
NAVI-Fleet Management
NAVI- GMBA w/Extended Reporting
NAVI-Land Management
NAVr - Occupational Licenses
NAVI-PURCHASING INVENTORY
NA VI-Payroll/Personnel
NA VI - Planning/Engineering
364,00
364,00
1,66400
3,120,00
7,30080
3,172,00
115,80800
4,39920
2,99520
4,992,00
12,443.60
3,286,40
3,172,.00
6,838.00
7,300,80
5,19480
SunGard Public Sector Inc. . Bank of America
REMIT PAYMENT TO: 12709 Collection Center Drive. Chicago, IL 60693
TOTAL CONTINUED
SUNGARDepUBLlC SECTOR
1000 Bl!siness Center Drive
Lake Mary, FL 32746
800-727-8088
www sungard ,com/publicsector
Service Invoice
INVOICE DATE 1211812008
INVOICE NO, 886952-SF
CUSTOMER NO 11 i3/BYB2
TERMS Net 30
Due Upon Receipt
BILL TO:
City of Boynton Beach-RISC
Vicki Domieden (AlP) 561-743-6317
100 East Boynton Beach
BOYNTON BEACH, Fl. 33435
United States
Doc Type: MA
3of3
PAGE
DESCRIPTION
AMOUNT
Maintenance: Start: 01/Jan/2009, End:
31/Decl2009
NAVI- WorkOrders/Fac Mgmt
NA VI - Cash Receipts
NAVI-DMS - Document Management Services
QRep Catalogs for GMJ,BPJ, PRJ, FAJ (4@322.40)
7,467.20
3,161.60
1,05560
1,289 60
Credit applied from 2604
- 15,730,08)
SunGard Public Sector Inc . Bank of America
REMIT PAYMENT TO:
12709 Collection Center Drive. Chicago, IL 60693
TOTAL $102,970.92
,,~~'Y~-
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-::-
, i;;-; \3 '
VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December] 6, 2008 December 1,2008 (Noon) [gJ February 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [gJ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the purchase of fifty desktop computers at $890.64 each totaling $44,532.00
and four laptop computers at $780.90 each totaling $3,123.60 for the Library for a grand total cost of$47,655.60 [see Exhibit
A] using Florida State Contract #250-040-08-1 [see Exhibit B] pricing through Dell Computers.
EXPLANATION: The computer purchase is necessary to provide additional public access computers at the Library.
Currently, there is a high demand for public computers where many instances citizens must wait for more than one hour to use
a computer. The public computer plan includes 24 computers for adult use, 20 computers for the computer training lab, 16
computers for teens and 16 computers for younger children. Laptop computers will be used in public areas, outreach
presentations and staff use.
PROGRAM IMPACT: Citizens will be able to enter the library and access computers with little or no wait. Time limits
will be extended from 45 minutes to one hour appointments. The high demand for computer use continues to increase due to
unemployment, the need for creating/updating resumes, online job application requirements, Federal E-Govemment
assistance filings, unemployment benefit filings, and many others.
FISCAL IMPACT: These computers were identified as part of the library expansion project with a budgeted amount of
$49,000. A current cost of$47,655.60 to be expended from State Aid Funds. $0 Fiscal impact to the City of Boynton
Beach.
epartment Head's Signature
~~
ALTERNATIVES: Do not approve.
~
City Manager's Signature
I-~",",ent Nome
City Atto
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
'>ell' ,
DELL
EXHIBIT A
QUOTATION
Date: 1/29/09 1 :32:25 PM
QUOTE #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name:
472262333
861622
25AAQ
250-040-08-01
1/29/09
CITY OF BOYNTON BEACH
TOTAL QUOTE AMOUNT: $44,532.00
Product Subtotal: $44,532.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 1 QUANTITY: 50 SYSTEM PRICE: $890.641 GROUP TOTAL: $44,532.00
Base Unit: OptiPlex 760 Desktop Base Standard PSU (224-2213)
Processor: OptiPlex 760,Core 2 Duo E7300/2.66GHz,3M,1066FSB (311-9514)
Memory: 2.0GB,Non-ECC,800MHz DDR2 1x2GB,OptiPlex (311-7443)
Keyboard: Dell USB Keyboard,No Hot Keys English,Black,Optiplex (330-1987)
Monitor: Dell UltraSharp 1708FP Flat Panel with Height Adjustable Stand,17.0 Inch VIS,OptiPlex
Precision and Latitude (320-5291)
Video Card: Digital Video Adapter Card LowProfile,Dell OptiPlex SmallForm Factor or Desktop (320-5110)
Hard Drive: 80GB SATA 3.0Gb/s and 8MB DataBurst Cache,Dell OptiPlex (341-8006)
Floppy Disk Drive: Dell 19 In 1 Media Card Readerfor Dell OptiPlex (341-5130)
Operating System: Windows XP PRO SP3 with Windows Vista Business LicenseEnglish,Dell Optiplex (420-9570)
Mouse: Dell USB 2 Button Optical Mouse with Scroll, Black OptiPlex (330-2733)
NIC: Intel Standard Manageability Hardware Enabled Systems Management, Dell OptiPlex (330-
2902)
CD-ROM or DVD-ROM Drive: Roxio Creator Dell Edidion,9.0Dell OptiPlex (420-7963)
CD-ROM or DVD-ROM Drive: Cyberlink Power DVD 8.1,with Media,Dell OptiPlex/Precision (420-9179)
CD-ROM or DVD-ROM Drive: 16X DVD+/-RW SATA,Data Only Dell OptiPlex Desktop or Minitower,Black (313-7104)
Sound Card: Heat Sink, Mainstream, Dell Optiplex Desktop (311-9521)
Speakers: No Speaker. OptiPlex (313-4825)
Cable: OptiPlex 760 Desktop Standard Power Supply (330-1982)
Documentation Diskette: Documentation,English,Dell OptiPlex (330-1710)
Documentation Diskette: Power Cord,125V,2M,C13,Dell OptiPlex (330-1711)
Bundled Software: Vista Premium Downgrade Relationship Desktop (310-9161)
Factory Installed Software: No Dell Energy Smart Power Management Settings,OptiPlex (467 -3564)
Feature Resource DVD contains Diagnostics and Drivers for Dell OptiPlex 760 Vista (330-2019)
Service: Basic Support: Next Business Day Parts and Labor Onsite Response 3 Year Extended (988-
2163)
Service: Basic Support: Next Business Day Parts and Labor Onsite Response Initial Year (991-6350)
Service: Dell Hardware Limited Warranty Plus Onsite Service Extended Year(s) (992-6508)
Service: Dell Hardware Limited Warranty Plus Onsite Service Initial Year (992-6507)
Installation: Standard On-Site Installation Declined (900-9987)
1.. _ _\T _ __1 ~~~..~~__....\'T"""'_""_""""_"""_"'T T......,............._.......+ C;lCllC"\r'r\Y'lt
1 nonnno
EXHIBIT A
Page 2 of2
Installation: Standard On-Site Installation Declined (900-9987)
Mise: Shipping Material for System Neo Desktop,Dell OptiPlex Desktop (330-1187)
Mouse Pad (310-3559)
SALES REP: Simon Gervais PHONE: 800-981-3355
Email Address: simon gervais@dell.com Phone Ext: 47499
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. Orders may be
faxed to the attention of your sales representative to 1-866-607-6914. You may also place your order
online at http://www.dell.com/qto.
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
to Dell's Terms of Sale.
Prices and tax rates are valid in the U.S. only and are subject to change. Taxes ref/ected on quotes
are estimates and may vary from tax shown at invoicing based on the actual ship to address.
**Sa/esluse tax is a destination charge, i.e. based on the "ship to" address on your purchase order.
Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to
Dell Tax Department at 1-888-863-8778, referencing your customer number.
If you have any questions regarding tax please call 800-433-9019 or email Tax_Department@dell.com.**
All product and pricing information is based on latest information available. Subject to change
without notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply.
Dell has a 30 day return policy for new products purchased directly from Dell. Dell's Total Satisfaction
Return Policy may be found at http://www.dell.com/us/en/hied/misc/policy_010_policy.htm.
Shipments to California: For certain products, a State Environmental Fee of up to $10 per item may be
applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee.
More Info: Refer to URL www.dell.com/environmentalfee.
file://C:\Documents and Settings\mnaughton\Local Settings\Temporary Internet Files\Cont... 1/29/2009
!',w,
DELL
EXHIBIT A
QUOTATION
Date: 1/30/09 10:26:18 AM
QUOTE #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name:
472397864
861622
25AAQ
250-040-08-01
1/30/09
CITY OF BOYNTON BEACH
TOTAL QUOTE AMOUNT: $3,123.60
Product Subtotal: $3,123.60
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 I QUANTITY: 4 SYSTEM PRICE: $780.90 I GROUP TOTAL: $3,123.60
Base Unit: Vostro 1510, Intel Core 2 Duo T5670, 1.8GHz, 800MHz FSB, 2M L2 Cache (223-8900)
Processor: 15.4 inch Widescreen WXGA LCD for Vostro 1510 (320-6437)
Memory: 1GB, DDR2, 667MHz 2 DIMM (311-8548)
Video Card: Intel Integrated Graphics Media Accelerator X3100 (320-6435)
Hard Drive: 80G 5400RPM SATA Hard Drive (341-6596)
Hard Drive Controller: No UPEK Fingerprint Reader (311.8593)
Operating System: WINDOWS XP PRO SP3 with Windows Vista Business LicenseEnglish,Notebook,Vostro (420-
9537)
Operating System: Dell Support Center 2.0 for Dell Vostro (420-7658)
Operating System: Image Restore, Vostro (420-8057)
Operating System: CyberLink PowerDVD 8.1 DVD Playback Vostro (313-6829)
Operating System: Vista Premium Downgrade Notebooks (420-8397)
Operating System: Windows Live Search,Multiple User Interface,SMB (421-0320)
CD-ROM or DVD-ROM Drive: 24X COMBO CD-RW/DVD with Roxio Creator, Vostro (313-6190)
CD-ROM or DVD-ROM Drive: Roxio Creator Dell Edition 9.0for Dell Vostro (313-6191)
Processor Cable: Dell Wireless 1395 802.11g Mini Card (430-2886)
Documentation Diskette: No Built in Camera and DigitalMicrophone (313-6184)
Bundled Software: Microsoft Works 9.0, English for Dell Vostro Desktops and Notebooks (420-8046)
Controller Option: No Personalization LCD Back (313-6187)
Feature 4-CELL Primary Battery for Vostro (312-0799)
Service: Basic Support: Next Business Day Parts and Labor Onsite Response 2 Year Extended (987-6962)
Service: Basic Support: Next Business Day Parts and Labor Onsite Response Initial Year (988-1400)
Service: Warranty Support,2 Year Extended (982-9072)
Service: Warranty Support,lnitial Year (983-3920)
Service: Dell Hardware Limited Warranty Plus Onsite Service Extended Year(s) (990-4058)
Service: Dell Hardware limited WarrantyPlus Onsite Service Initial Year (990-4057)
Installation: Standard On-Site installation Declined (900-9987)
Service One: Dell DataSafe 2.0 Online, No Install (420-7179)
Mise: Intel Core 2 Duo Processor (310-8319)
EXHIBIT A
Page 2 of2
SALES REP: Simon Gervais PHONE: 800-981-3355
Email Address: simon gervais@dell.com Phone Ext: 47499
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. Orders may be
faxed to the attention of your sales representative to 1-866-607-6914. You may also place your order
online at http://www.dell.com/qto.
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
to Dell's Terms of Sale.
Prices and tax rates are valid in the U.S. only and are subject to change. Taxes reflected on quotes
are estimates and may vary from tax shown at invoicing based on the actual ship to address.
**Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order.
Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to
Dell Tax Department at 1-888-863-8778, referencing your customer number.
If you have any questions regarding tax please call 800-433-9019 or email Tax_Department@dell.com. **
All product and pricing information is based on latest information available. Subject to change
without notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply.
Dell has a 30 day return policy for new products purchased directly from Dell. Dell's Total Satisfaction
Return Policy may be found at http://www.dell.com/us/en/hied/misc/policy_010_policy.htm.
Shipments to California: For certain products, a State Environmental Fee of up to $10 per item may be
applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee.
More Info: Refer to URL www.dell.com/environmentalfee.
file://C:\Documents and Settings\mnaughton\Local Settings\Temporary Internet Files\Cont... 1/2912009
EXHIBIT B
CONTRACT SUMMARY STC # 250-040-0-1 - pes I Laptops I Monitors
In March 2008, DMS Division of State Purchasing created this State Term Contract (STC No
250-040-08-1) for Windows Based (Commercial Grade) Personal Computers. Laptops and
Monitors.
Most recently, we made supplemental awards (solicited via Invitations to Negotiate [ITN]) to add
MAC/OS Devices as well as Ruggedized Laptops, Tablets, and Ultra-Mobile Computers to this
State Term Contract. This Contract is for a three year period with all sections terminating
simultaneously on Feb. 28, 2011 (unless renewed per Florida Statute).
All of the awarded vendors have provided BASE discounts to be applied to their current
Manufacturers Web Price (MSRP) pursuant to the terms outlined in ITN #s 13-250-040-0
(Windows Based), 5-250-040-Y (Ruggedized), and 6-250-040-Y (MAC/OS Devices).
The RFQ process is not mandatory under this contract. However, customers are encouraged
seek additional discounts for volume purchases. They MAY do so by initiating their own Request
for Quotes ("RFQ") among the awarded manufacturers or by direct negotiations with any single
awarded manufacturer.
CONTRACT BREAKDOWN - Awarded Vendors by Section
Section 1 - Windows - Commercial Grade
The "Windows Based" (Commercial Grade) portion of the STC has been awarded to Dell, Inc.,
Hewlett Packard Company, Lenovo, and MPC/Gateway during the original solicitation (ITN # 13-
250-040-Q). Their BASE discounts are illustrated in the table below:
Dell Discount
Gateway
Discount
HP Discount
Lenovo
Discount
Desktops /
Workstations
45.05%
40.00%
50.00%
50.00%
Laptops
40.00%
35.00%
50.00%
40.00%
Monitors
22.90%
20.00%
35.00%
20.00%
Section 2 - MAC/OS Devices
The MAC/OS portion of this STC was awarded through a supplemental solicitation (ITN 6-250-
040-Y) to Apple, Inc. State of Florida discounts meet or exceed Apple's State/Local Government
or Educational pricing.
Section 3 - Ruggedized/Semi-Rugged (Tough) Laptops, Tablet, Ultra-Mobile Computers
The most stringent technical requirements of this section of the Contract are for equipment that
is defined as "rugged". When purchasing "Ruggedized Equipment" the buyer should evaluate
their specialized needs and determine which, if any, Military Specifications are required.
Somewhat less stringent technical requirements have been applied for equipment that is defined
as "semi-rugged" or "tough". Once again, it is incumbent on the purchaser to determine what
type of equipment best meets their needs.
EXHIBIT B
Pursuant to the proceedings of ITN 5-250-040-Y, the Department of Management Services has
awarded to the following vendors by Category.
Semi-Ruggedized I Tough
Latos
American Reliance
Dell Marketin LP
Hewlett Packard
M PC/Gatewa
Panasonic
SlateS:
American Reliance
Dell Marketin LP
Hewlett Packard
Insi ht Public Sector
MPC/Gatewa
M PC/Gateway
Convertible Tablets
Dell Marketin LP
Hewlett Packard
Insi ht Public Sector
M PC/Gatewa
Panasonic
Hewlett Packard
Insi ht Public Sector
American Reliance
Panasonic
Radio One
Specific Vendor Contact Information for ALL SECTIONS is available at the
"Contractor Section" of this Contract site.
During the term of this Contract, Contractors may offer the following hardware and services to
be purchased as part of a PC, Laptop and/or Monitor purchase:
· Mice
· Keyboards
· Docking Stations
· Speakers
· Carrying Cases
· Cables Necessary for Connecting System
· Operating System Software (Le. Windows, Vista, Linux)
· Installation Services
. Maintenance Agreements
· Asset Tagging
· Imaging
EXHIBIT B
The following conditions must apply for the additional hardware and/or services to be considered
a contract purchase:
· Must be offered at the same or greater percentage price discount offered for the
awarded items.
. Must be offered in conjunction with PC, Laptop and/or Monitor Purchase.
Note: Under this Contract, contractors shall not offer and customers shall not purchase,
standalone software and/or services. However, contractors may install preconfigured
software loads provided by the Customer.
This additional hardware and/or services option is for the convenience and benefit of the
Customer. The intent of the option is to promote "one-stop shopping" for both basic and
enhanced systems. These services shall be provided at the same discount level as the
associated PC, Laptop and/or Monitor purchase.
Items excluded from this CONTRACT include, but are not limited to the following:
· Servers
· Connectivity Devices
· Uninterruptible Power Supplies and Surge Suppressors
· Storage Devices
· Printers and Scanners
. Video Conferencing and Video Bridging Equipment
. Firewalls
· Office technology (copiers, radios, facsimile machines, calculators, telephones,
paper shredders, typewriters, scanners, multifunctional devices etc.)
. IT application and database software
. IT professional and consulting services
These excluded items are available under other State Term Contract (250-000-09-1, etc.)
ALL ORDERS PLACED UNDER THIS CONTRACT SHALL BE MADE DIRECTLY TO THE
AWARDED MANUFACTURERS. There are NO RESELLERS on this Contract. The awarded
manufacturers shall provide quarterly reports indicating any commissions paid to Certified
Minority Business Enterprises (CMBE) sales agents or subcontractors. Customers are
encouraged to use manufacturer authorized sales agents listed on the vendor's ordering
instructions for sales assistance and may request CMBE subcontractors for services provided
under the contract. Information regarding Certified Minority Business Enterprises is available
from the Office of Supplier Diversitv.
Florida Governor Charlie Crist signed Executive Order 07-126, titled "Leadership by Example:
Immediate Actions to Reduce Greenhouse Gas Emissions from Florida State Government." As
such, all products offered under this Contract are ENERGY STAR 4.0 and/or EPEAT Bronze
certified, or greater. Customers are asked to ensure that products received meet these
requirements.
Please direct any questions regarding this Contract to mark.foss@dms.mvflorida.com , or call
850-488-1086.
VI.-CONSENT AGENDA
ITEM B.3
D City Manager's Report 0
D New Business at
D
D
D Public Hearing D
RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR HARDWARE SUPPLIES", Bid#016-
1412-09/CJD, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with
an estimated annual expenditure of: $55,000.00
r"~\"'~5='t:,
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D December 16, 2008 December 1, 2008 (Noon)
D January 6, 2009 December 15, 2008 (Noon)
D January 20,2009 January 5, 2009 (Noon)
L -, February 3, 2009 January 19,2009 (Noon)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
!8l February 17, 2009
D March 3, 2009
D March 17, 2009
D April 7, 2009
February 2, 2009 (Noon)
February 17, 2009 (NoOl&5
.."
r"'1
March 2, 2009 (Noon) a:J
I
N
March 16,2009 (Noon)
"
:x:
NATURE OF
AGENDA ITEM
D
D
~
D
Consent Agenda
Code Compliance & Legal Settlements
Legal
UnfInished Business
Announcernents/Presentations
Administrative
sa.
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EXPLANATION: On December 16, 2008, Procurement Services opened fourteen (14) proposals. It is recommended
to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award
were based on: brand name, Warehouse processing time, samples received from vendors and price. In addition to
proposing the lowest prices, a catalog discount was offered from most proposers for overall discount pricing. Michael
Dauta, Warehouse Manager, concurs with this recommendation per memo attached. The provisions of this bid award
will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance,
satisfactory performance and determination that the renewal is in the best interest of the City.
PROGRAM IMP ACT: The purpose of this bid is to provide a competitive established price for the Warehouse
stocked best quality hand tools and hardware supplies. Hardware Supplies will be stocked in the City's warehouse
and issued to requesting departments on an "As Needed Basis".
City Manager's Signature
A"i,tant to City ~~t';<' ~"I ,_
/ ~~,,)b:A <
_ 1
City Attorney / Fmance
BUDGET ACCOUNT NO. ESTIMATED ANNUAL
WAREHOUSE EXPENDITURE
502-00-141-01-0 $55,000.00
Not bid this item and buy on an "as needed" basis therefore
. du? 2;:200:~r~~OfYear
Departrrient Head's Signature.)
FISCAL IMPACT:
tllA~
Procurement S ice
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISIOI\'
.;
p
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~
TO:
Carol Doppler, Purchasing Agent
FROM:
Michael Dauta, Warehouse Manager I....\J.:?
DATE:
January 26, 2009
SUBJECT: Hardware bid
I reviewed the tabulation sheet sent from your office. The evaluating factor
used was lowest price, availability, delivery time and warehouse processing
time. My recommendation is a multi award to low vendors. Estimated
annual expenditures will be $55,000.
AAA Tool
Item(s)
5,7,8,10,19,22,33,34,45,53,57,68,69,70, 71,72,74,84,86,87,88,91,108,112,
113,114,127,129
Battery Plus
ltem(s)
58
Fastenal Company
Item(s)
4,11,17,18,21,32,35,44,60,83,93,124,125
HD Supply
Item(s)
),6,24,25,26,27,28,29,30,31,37,46,51,52,75,76,77,79
MSC Industrial
Items(s)
~,i6,j3,38,39,40,4 7 ,48,49,50,54,55,56,59,61,62,63,64,65,66,67,73,81,82,
85,92,95,97,98,109,115,116,117,119,120,121,123
OT Trans
Item(s)
1,2,9,36,78,80,107,110,111,118
Pyramid School
Item(s)
96
World Electric Supply
Item(s)
12,13,14,15,41,42,43,89,90,94,99,100,101,102,103,1 04, 1 05, 1 06, 122, 126,
128
In addition to the awarded items, the following vendors offer discounts for
any item not listed on this bid.
AAA Tool
All American Poly
Hilti Inc.
Mercedes Electric
MSC Industrial
OT Trans
Brodhead Garrett
10%
20%
2%
12%
15%
1%
10%
If you have any questions please call me at 6324. Thank you.
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
BID# 016-1412-09/CJD
HARDWARE SUMMARY SHEET
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ITEM # <( lxl u.. ==
1
2
3 $1.16
4 $2.10
5 $2.00
6 $12.34
7 $39.05
8 $17 .00
9
10 $3.90
11 $25.89
12
13
14 I
15 ! ~
16
17 $0.98
18 $0.93
19 $1.25
20
21 $0.45
22 $1.55
23
24 $2.26
25 $2.26
26 $2.26
I 27 $2.26
28 $2.26 I i
29 $1.70
30 $1.70
31 $1.70
32 $3.45
33 $2.80
34 $2.80
35 $43.29
36
37 $2.73
38
39
40
41 ,
42
43 I
44 I $2.79
""AL CONTRACT FOR HARDWARE SUPPLIES
l 16-1412-09/CJD
HA~OWARE SUMMARY SHEET
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a. 0 ~>- ..J ~
a. a. I/) ..JZ a. >- . U
::::l Z ::::l 0<( :'Ii: ..JI/) U W
I/) ..J 0 a.~ ..J
<( a. ala. U a. 0::: ~ W
olS U <(:'Ii:
..J ii2 I/) zO ..J ::::l0 ~ I/)
0 W OU <( 1/);: W
W ii2 z cO::: :i: c
0 :'Ii: W >:~ W J:W W
~ <( S ~ ~ U
~ ..J <(z I/) 0:::
..J C <( W
ITEM # <( al u. :'Ii:
45 $1.95
46 $2.16
47
48
49
50
51 $7.19
52 $11.44
53 $4.00
54
55
56
57 $4.55
58 $3.71
59
60 $2.25
60
62
-
ti5
66
67
68 $5.10
69 $8.10
70 $11.90
71 $5.55
72 $5.75
73
74 $13.55
75 $0.22
76 $0.22
77 $0.69
78
79 $0.89
80
81
82
83 $2.20
84 $6.25
85
86 $14.55
87 $23.00
88 $2.00
89
90
91 $23.00
92
I--- 93 $3.08
I--
~6
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
BID# 016-1412-09JCJD
HARDWARE SUMMARY SHEET
>- >- >- C (,)
-l -l ell Z I- ~
e. 0 1->- < -l l-
e. e. V) -lZ 0.. >- . (,)
::::> Z ::::> 0< :i: ....JV) (,) w
V) < -l alo.. 0 0..::':: ~ ....J
ell (,) 0.. <:i: (,) 0..0:: w
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0 w 00 < I U'1S: :..J w
w ii2 Z I cO:: I ;: I c
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ITEM # < aI u. :i:
97
98
99
100
101
102
103
104
105
106
107
108 $1.05
109
110
111
112 $14.00
113 $4.90
114 $2.05
115
116
117
118
119
120 I
121 ,
I
122
123
124 $3.68
125 $0.60
126
127 $5.25
128
129 $6.55
G PERCE 10% 20% 2% 12%
I : I
I i I i
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
810# 016-1412-09/CJD
HARDWARE SUMMARY SHEET
...I
Q. l= 0
Q. ~z 0
~ W
V) ...I ~ <C -. 0:
~ I- . I-
...I 0 <C V)O 0>-
<C 0 0 zc.:
~ ~ C) W...I
::I: 0 ~U> ...IQ.
I- 0 W~ WQ.
tn V) V) V) <C ::I:W o~
~ Z 01- W
0 ~ ::I: I-Z ...IV)
_0 ~w ~
~ :E~ 0 01- 0
I- ~g 0 tnV) ~
0 ...: ~ <C
ITEM # tn 0 >-~ m LL.
:E D.Q.
1 $5.85
2 $4.23
3
4
5
6
7
8
9 $15.88
10
11
12 $0.98
13 $1.10
14 $1.90
15 $2.61
16 $1.02
17
18
19
20 $2.14
21
22
23 $0.95
24
25
26
27
28
29
30
31
32
33
34
35
36 $109.51
37
38 $0.90
39 $0.90 ,
I
I 40 $0.95 --,
41 $6.32
42 $3.47
43 $5.61
44
45
46
47 $12.63
48 $4.19
49 $11.77
I 50 $9.37
I i
51 ,
52
53
54 $9.91
55 $11.06
56 $8.55
57
58
59 $17.83
60
61 $2.23
62 $2.81 I
63 $3.89
64 $2.27
65 $3.32
66 $3.41
67 $6.73
68
69
70
71
72
73 $9.18
74
75
76
77
78 $0.69
79
80 $1.62
81 $0.44
82 $0.90
83
84
85 $10.42
86
87
88
89 $6.73
90 $6.73
91
92 $16.11
93
94 $7.89
95 $0.77
96 $2.89
97 $1.55
98 1.65
99 $4.56
100 $6.14
101 $6.48
102 $6.14
103 $8.23
104 $12.60
105 $13.14
106 $11.92
107 $10.21
108
109 $3.75
110 $15.40
111 $17.60
112
113
114
115 $2.36
116 $2.57
117 $3.57
118 $0.95
118
119 $2.46
120 $5.58
121 $19.98
122 $27.32
123 $31.57
124
125
126 $10.30
127
128 $16.21
129
pG PERCEI 15% 1% 10%
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
ITEM 2: SAND MIX
445-003-00002
ITEM 3: WTE ALL PURPOSE CAULKING
445-006-00030
ITEM 4: WHITE OIL BASE CAULKING.
445-006-00031
ITEM 5: CAULKING GUN
445-006-00033
ITEM 6: MARINE ADHESIVE
445-006-00034
ITEM 7: 3/8" NYLON ROPE
445-085-00001
ITEM 8: 1/4" NYLON ROPE
445-085-00002
ITEM 9: 4' X 8" x 5/8" PLYWOOD
445-079-00001
--~_._"-_._.._---_.,_.-
jITEM#1O DOOR SlOP FOLD DOWN
1~45-008-00003 . L.
ITW dba AAA TOOL & SUPPLY
1450 SOUTH ST. RD. 7
HOLLYWOOD, FL 33023
CONTACT: RANBY SANICHAR
TELEPHONE: 954-549-1003
FAX: 954-549-1007
NOBID
NOBID
$1.25
SOLD IN MULTIPLES OF 12
$2.15
SOLD IN MULTIPLES OF 12
$2.00
$16.00
SOLD IN MULTIPLES OF 12
$39.05
$17 00
NO BID
$3.90
sold In qty of (5) only
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
ALL AMERICAN POLY
40 TURNER PLACE
PIACATAWAY, NJ 08854
CONTACT: REINA L1DE
TELEPHONE: 800-526-3551 x1124
FAX: 732-752-2305
BATTERIES PLUS
6250 LANTANA RD., SUITE 1
LAKE WORTH, FL 33463
CONTACT: BRENDA PHIPPS
TELEPHONE: 561-304-0707
FAX: 561-304-0808
NOBID
NOBID
NOBID
NOBID
NO BID
NO BID
NOBID
NOBID
NO BID
NO BID
NOBID
Hardware. I xis
NOBID
NO BID
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any, are hereby rejected as late"
ITW dba AAA TOOL & SUPPL Y ALL AMERICAN POLY BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLL VWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RAN BY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FAX: 954-549-1007 FAX: 732-752-2305 FAX: 561-304-0808
$32.00 $28.80 NOBID
$1.40 NOBID NOBID
$1.80 NOBID NOBID
$2.80 NOBID NOBID
$2.95 NO BID NO BID
$1.55 NO BID NOBID
$1.50 NOBID NOBID
$1.30 NOBID NOBID
$1.25 NOBID NO BID
$2.50 NOBID NO BID
VENDORS
ITEM 11: PLASTIC SHEETING
445-008-00007
ITEM 12: 1 1/2" PAINT BRUSH
445-030-00001
ITEM 13: 2" PAINT BRUSH
445-030-00002
ITEM 14: 3" PAINT BRUSH
445-030-00003
ITEM 15: 4" PAINT BRUSH
445-030-00004
ITEM 16: 9" ROLLER FRAMES
445-030-00005
ITEM 17: 9" ROUGH ROLLER
445-030-00008
ITEM 18: 9" SEMI-SMOOTH ROLLER
445-030-00009
ITEM 19: 9" SMOOTH ROLLER
445-030-00010
ITEM 20: ROLLER TRAY
445-030-00013
Hardware 'OB.xls
2
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS ITW dba AM TOOL & SUPPL Y ALL AMERICAN POLY BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLL YWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RAN BY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FP0<: 954-549-1007 FP0<: 732-752-2305 FP0<: 561-304-0808
ITEM 21: ROLLER TRAY LINER $0.60 NO BID NO BID
445-030-00014
.. $1.55 NOBID NOBID
ITEM 22: PAINT BUCKET
445-030-00015
--. $1.50 ---" NOBID NOBID
ITEM 23: PAINT STRAINERS
445-030-00017
-." -.-- ---- .'-~'._~ NOBID NOBID
ITEM 24: BLUE MARKING PAINT $2.80
445-032-00001
..--.---- -. _._'- NOBID NOBID
ITEM 25: GREEN MARKING PAINT $2.80
445-032-00002
- .- NOBID
ITEM 26: FLOURESCENT ORANGE PAINT $2.80 NOBID
445-032-00003
--.--.-.- f-------- NOBID NOBID
ITEM 27: WHITE MARKING PAINT $2.80
445-032-00004
-- f--------- '.__w .- ~. NOBID NOBID
ITEM 28: RED MARKING PAINT $3.60
445-032-00009
-..---- ~..._._.._-.-_._.__._-_..... ..------ ---------, --.-... .~-_._,. ~, '---
ITEM 29: GLOSS BLACK SPRAY PAINT $2.10 NOBID NOBID
445-032-00006
----.'--.-- -.-..- -. -----... ___u~.,,_, . 0'_--'-"-' - --..- ........--.....-
ITEM 30: WHITE SPRAY PAINT $210 NOBID NOBID
445-032-00007
,-- "'-'~"'._"'-" -"-....__._-----_..-.._-_..,.~,---._-_._----_.._--- ""-- .. -. ..........
Hardwal dxl~
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
ITEM 37: PURPLE MARKING PAINT
445-032-00012
ITW dba AM TOOL & SUPPL Y ALL AMERICAN POL Y BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLLYWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RANBY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FAX: 954-549-1007 FAX: 732-752-2305 FAX: 561-304-0808
$2.10 NO BID NOBID
$3.60 NO BID NO BID
20 OZ Sold by the dozen
$2.80 NOBID NOBID
20 OZ Sold by the dozen
$2.80 NOBID NOBID
20 OZ Sold by the dozen
NOBID NOBID NO BID
$141.50 NO BID NOBID
$2.80 NOBID NO BID
VENDORS
ITEM 31 FLAT BLACK SPRAY PAINT
445-032-00005
ITEM 32: YELLOW TRAFFIC PAINT
445-035-00001
ITEM 33: WHITE TRAFFIC PAINT
445-035-00002
ITEM 34: BLACK TRAFFIC PAINT
445-035-00003
ITEM 35: RED FIRE HYDRANT PAINT
445-032-00010
ITEM 36: WHITE PAINT (5 gallon pail)
445-032-00011
ITEM 38: 10" X 18T HACKSAW BLADE $1.00 NOBID NOBID
445-009-00001 w/10 pc order
ITEM 39: 10" X 24T HACKSAW BLADE $1.00 NOBID NOBID
445-009-00002 w/10 pc order
ITEM 4012" X 18T HACKSAW BLADE $1.50 NO BID NOBID
445-009-00003 w/10 pc order
Hardware '08.xls 4
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS ITW dba AM TOOL & SUPPLY ALL AMERICAN POLY BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOllYWOOD, Fl 33023 PIACATAWAY, NJ 08854 lAKE WORTH, FL 33463
CONTACT: RANBY SANICHAR CO NT ACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FAX: 954-549-1007 FAX: 732-752-2305 FAX: 561-304-0808
ITEM 41: 14" X 3116 X 1 CONCRETE BLADES $8.35 NOBID NOBID
445-009-00004 Minimum Order (10)
ITEM 42: 12" X 1/8 X 20 CONCRETE BLADES $3.90 NOBID NOBID
445-009-00005 Minimum Order (10)
-. $5.75 NO BID NOBID --
ITEM 43: 14" X 1/8 X20 CONCRETE BLADES
445-009-00006 Minimum Order (10)
- ,-...
ITEM 44: 2" PUTTY KNIFE $4.30 NO BID NOBID
445-012-00001
.---- -- $1.95 NOBID NOBID
ITEM 45: UTILITY KNIFE
445-012-00002
- $8.40 NOBID NO BID
ITEM 46: UTILITY KNIFE BLADES
445-012-00003
- NOBID ...--
ITEM 47: BALL PEEN HAMMER $20.75 NO BID
445-038-00001
...- I-- .......~-- .--. -- ~. -- ~---- ..---
ITEM 48: CLAW HAMMER $6.50 NO BID NO BID
445-038-00002
... -" --,--~-_.- ....---........-
ITEM 49: ENGINEER HAMMER $20.00 NOBID NO BID
445-038-00003
_._-~--."-~.._--_.. --.--...-.,,-.. .. -"....-- ..... ..f.... ---- ...1-'" ._~~-~ ..-
liTEM 50: 1/2" X 100 FT MEASUf~ING TAPE $1610 NO BID NO BID I
445-046-00004 L _..1__. ___..J
.. . ---,"- - -.' . - ----.--....- ..-" .._~.."'- '. ._---~~~--
Hardwar'.I8 xi',
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS ITW dba AAA TOOL & SUPPL Y ALL AMERICAN POL Y BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLL YWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RANBY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FAX: 954-549-1007 FAX: 732-752-2305 FAX: 561-304-0808
ITEM 51: 3/4" X 12 FT. MEASURING TAPE $13.75 NO BID NO BID
445-046-00005
ITEM 52: 1" X 25 FT. MEASURING TAPE $15.90 NOBID NO BID
445-046-00006
ITEM 53: 8" SLIP JOINT PLIERS $4.00 NO BID NOBID
445-052-00001
ITEM 54: 10" CHANNEL LOCK PLIERS $10.95 NOBID NO BID
445-052-00002
ITEM 55: 12" CHANNEL LOCK PLIERS $14.10 NO BID NOBID
445-052-00003
ITEM 56: 10" VISE GRIP PLIERS $10.50 NOBID NO BID
445-052-00004
ITEM 57: HACKSAW FRAME $4.55 NO BID NO BID
445-058-00002
ITEM 58: 6-VOL T FLASHLIGHT $16.20 NOBID $3.71
445-061-00001
ITEM 59: MAGLlGHT FLASHLIGHT $23.05 NOBID NO BID
445-061-00003
ITEM 60: 2 CELL FLASHLIGHT $4.25 NO BID $3.67
445-061-00002
Hardware '08.xls
6
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS ITW dba AAA TOOL & SUPPLY ALL AMERICAN POL Y BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLL YWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RANBY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FAX: 954-549-1007 FAX: 732-752-2305 FAX: 561-304-0808
ITEM 61: 3" PHILLIPS SCREWDRIVER $3.20 NOBID NOBID
445-064-00001
ITEM 62: 4" PHILLIPS SCREWDRIVER $4.10 NOBID NOBID
445-064-00002
ITEM 63: 6" PHILLIPS SCREWDRIVER $5.65 NOBID NOBID
445-064-00008
...-..-----..-.- ~-_._.__.. .
ITEM 64: 4" FLAT BLADE SCREWDRIVER $4.35 NOBID NOBID
445-064-00004
~~_.< ----- f---..
ITEM 65: 6" FLAT BLADE SCREWDRIVER $5.00 NOBID NOBID
445-064-00005
. -- - , ---~ ._--" .............-...- _.....__. NOBID NOBID
ITEM 66: 8" FLAT BLADE SCREWDRIVER $5.90
445-064-00006
,-,,~
ITEM 67: 12" FLAT BLADE SCREWDRIVER $1155 NOBID NOBID
445-064-00007
.-- 1--.... ----.-- f---. ..... ... -
ITEM 68: 8" ADJUSTABLE WRENCH $5.10 NOBID NOBID
445-091-00005
$8.1 0 ...-- f---...-..... --~- ---",----- -~.._- ~- ~.~..__._-
ITEM 69: 10" ADJUSTABLE WRENCH NOBID NOBID
445-091-00006
-- _.. . - $1190 ---,...._---- ---- ..
ITEM 70: 12" ADJUSTABLE WRENCH NOBID NOBID
445-091-00007
!
.-- ~_...._'-" ~. _..._._~_.__._---_.-- ..---------------.-,..,.'- ... -- - -- __ _~.._~ L-_ _H_ ,_
Hardwa, J8.xls
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
ITEM 71: 14 X 20MM X 1/8 DUCTILE IRON
HIGH SPEED CUT OFF WHEEL
445-009-00007
ITW dba AAA TOOL & SUPPLY
1450 SOUTH ST. RD. 7
HOLLYWOOD, FL 33023
CONTACT: RANBY SANICHAR
TELEPHONE: 954-549-1003
FAX: 954-549-1007
$5.55
ALL AMERICAN POLY
40 TURNER PLACE
PIACATAWAY, NJ 08854
CONTACT: REINA L1DE
TELEPHONE: 800-526-3551 x1124
FAX: 732-752-2305
NOBID
BATTERIES PLUS
6250 LANTANA RD., SUITE 1
LAKE WORTH, FL 33463
CONTACT: BRENDA PHIPPS
TELEPHONE: 561-304-0707
FAX: 561-304-0808
NOBID
VENDORS
ITEM 72:14 X 20MM X 1/8" ASPHALT
HIGH SPEED CUT OFF WHEEL
445-009-00010
$5.75
NOBID
NO BID
ITEM 73: 16 X 20MM X 1/8 CONCRETE
HIGH SPEED CUT OFF WHEEL
445-009-00012
$11.50
NOBID
NO BID
ITEM 74: CONCRETE RAKE
445-043-00003
$13.55
NOBID
NO BID
ITEM 78: 0 BATTERIES
445-026-00004
$0.50 NOBID
Sold in multiples of 24
$0.65 NOBID $0.31
Sold in multiples of 24
$1.15 NOBID $0.77
Sold in multiples of 24
$1.20 NOBID $0.86
Sold in multiples of 12
ITEM 75: AAA BATTERIES
445-026-00001
ITEM 76: M BATTERIES
445-026-00002
ITEM 77: C BATTERIES
445-026-00003
Hardware 'OB.xls
8
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
ITW dba AM TOOL & SUPPLY
1450 SOUTH ST. RD. 7
HOLLYWOOD, FL 33023
CONTACT: RANBY SANICHAR
TELEPHONE: 954-549-1003
FAJ(: 954-549-1007
$1.90
Sold in Multiples of 12
ITEM 79: 9-VOLT BATTERIES
445-026-00005
ITEM 80: 6-VOL T BATTERIES
445-026-00006
$12.80
Sold in Multiples of 6
ITEM 81: #392 BATTERIES
445-026-00007
$0.85
Sold in Multiples of 6
ITEM 82: FIRE BATTERIES
445-026-00008
$2.55
ITEM 83: CR 123A 3 VOLT BATTERY
445-026-00010
$6.95
ITEM 85: GARDEN RAKE
445-043-00002
$18.70
ITEM 86: TRENCHING SHOVEL
445-061-00005
$14.55
ITEM 87: PITCH FORK
445-061-00004
$23.00
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
ALL AMERICAN POLY
40 TURNER PLACE
PIACATAWAY, NJ 08854
CONTACT: REINA L1DE
TELEPHONE: 800-526-3551 x1124
FAJ(: 732-752-2305
NOBID
BATTERIES PLUS
6250 LANTANA RD., SUITE 1
LAKE WORTH, FL 33463
CONTACT: BRENDA PHIPPS
TELEPHONE: 561-304-0707
FAJ(: 561-304-0808
$1.35
NOBID
$6.37
$5.84
Duracell
Rayovac
NO BID
$0.75
NOBID
NOBID
NOBID
$4.49
DURACELL
NO BID
NOBID
NO BID
NOBID
NOBID
NOBID
NO BID
.,'---1
. . J
NOBID
Hardwi:>, J8 xl"
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
ITEM 94: LOOPING SHEARS
445-070-0001
ITW dba AAA TOOL & SUPPL Y ALL AMERICAN POL Y BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLL YWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RAN BY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FPV<: 954-549-1007 FPV<: 732-752-2305 FPV<: 561-304-0808
$2.00 NOBID NO BID
$7.15 NO BID NOBID
$7.15 NOBID NO BID
$23.00 NOBID NOBID
$21.25 NO BID NO BID
$3.50 NO BID NO BID
$18.40 NOBID NO BID
VENDORS
ITEM 88: TRANSPLANTING TROWEL
445-061-00006
ITEM 89: SQUARE POINT SHOVEL
445-061-00007
ITEM 90: ROUND POINT SHOVEL
445-061-00008
ITEM 91: 3/4" 50FT GARDEN HOSE
445-073-00001
ITEM 92: 5/8" X 50 FT. GARDEN HOSE
445-073-00002
ITEM 93: 3/4" GARDEN HOSE NOZZLE
445-076-00001
ITEM 95: CLEAR SEALING TAPE
445-088-00001
$1.30
NOBID
NO BID
ITEM 96: DUCT TAPE
445-088-00002
$3.35
Multiples of 24
NOBID
NOBID
Hardware '08.xls
10
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS ITW dba AM TOOL & SUPPLY ALL AMERICAN POL Y BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLLYWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RANBY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FPV<: 954-549-1007 FPV<: 732-752-2305 F PV<: 561-304-0808
ITEM 97: 1 1/2" MASKING TAPE $1.65 NOBID NOBID
445-088-00004 Multiples of 24
ITEM 98: 2" MASKING TAPE $2.40 NOBID NOBID
445-088-00005 Multiples of 24
11IP~..~-_!LIIII"IaF:~' -"""-_E.''''.'.- i0 -
H......,Jlit. . .P...............".. .... .... ..... -
ITEM 99 MASTER LOCK $6'. NOBID NOBID
445-079-00002 Multiples of 6
-.
ITEM 100: PADLOCKED KEYED ALIKE $9.60 NO BID NOBID
445-079-00003 Multiples of 6
ITEM 101: PADLOCKED KEYED SEPARATE $7.90 NOBID NOBID
445-079-00004 Multiples of 4
.- 1---.. NOBID NOBID
ITEM 102: PADLOCK KEYED ALIKE #7707 NOBID
445-079-00005
ITEM 103: BRASS PADLOCK KEYED $12.85 NO BID NOBID
ALIKE #2431 Multiples of 6
445-079-00006
------- - ... "--'.-.-.....- -~. -'."-",,- - '--.--...... .. -.---.......-.-
ITEM 104: COMBINATION PADLOCK $18.50 NOBID NOBID
445-079-00007 Multiples of 6 ~
ITEM 105: STORM WATER MASTER LOCK $20.50 NOBID NOBID
445-079-00008 Multiples of 6 I
i
i
liTEM 106: MASTER L'O"CK'tt"10G012 . .. ..-.-.- -'..--- L -- ,-~---,_..- .......
$18.60 NO BID NO BID I
445-079-00009 Multiples of 6 I
,
.. I
HdrdWa, OS xis
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS
ITW dba AAA TOOL & SUPPLY
1450 SOUTH ST. RD. 7
HOLLYWOOD, FL 33023
CONTACT: RAN BY SANICHAR
TELEPHONE: 954-549-1003
FAX: 954-549-1007
ALL AMERICAN POLY
40 TURNER PLACE
PIACATAWAY, NJ 08854
CONTACT: REINA L1DE
TELEPHONE: 800-526-3551 x1124
FAX: 732-752-2305
BATTERIES PLUS
6250 LANTANA RD., SUITE 1
LAKE WORTH, FL 33463
CONTACT: BRENDA PHIPPS
TELEPHONE: 561-304-0707
FAX: 561-304-0808
...-......,..-- y- -~_._._...._-.
ITEM 107: TRIMMER LINE
445-008-00002
$13.75
NOBID
NOBID
ITEM 116: BUNGEE CORDS
445-021-00002
$1.05 NO BID NO BID
$5.30 NO BID NOBID
15.90/22.75 NOBID NOBID
$23.75 NOBID NO BID
$14.00 NOBID NOBID
$4.90 NOBID NOBID
Min Order 10
$2.05 NOBID NOBID
Min Order 10
$11.70 NOBID NOBID
Min Order 10
$14.55 NOBID NO BID
Min Order 10
ITEM 108: 2 CYCLE OIL
445-008-00005
ITEM 109: WD 40
445-008-00006
ITEM #110: 32" ARCOA EZ-REACHER
445-008-00014
ITEM 111: 40" ARCOA EZ-REACHER
445-008-00015
ITEM 112: COMMERCIAL SPRAYER
445-008-00016
ITEM 113: TANAKA EDGER BLADE
445-009-00008
ITEM 114: STICK EDGER BLADE
445-009-00009
ITEM 115: BUNGEE CORDS
445-021-00001
Hardware '08.xls
12
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS ITW dba AAA TOOL & SUPPLY ALL AMERICAN POL Y BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLL YWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RANBY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FP0<: 954-549-1007 FP0<: 732-752-2305 FP0<: 561-304-0808
ITEM 117: BUNGEE CORDS $16.60 NOBID NO BID
445-021-00003 Min Order 10
ITEM 118: 8" BLACK WIRE TIES $3.75 NOBID NOBID
445-049-00001
- $6.75 .. .
ITEM 119: 11" BLACK WIRE TIES NOBID NOBID
445-049-00002
.- - $7.90 -- - -~_.-
ITEM 120: 15" BLACK WIRE TIES NO BID NOBID
445-049-00003
ITEM 121 2 GALLON WATER COOLER $25.75 NOBID NOBID
445-090-00001
ITEM 122: 3-GALLON WATER COOLER $31 .00 NOBID NOBID
445-090-00002
$37.00 -'---
ITEM 123: 5-GALLON WATER COOLER NOBID NOBID
445-090-00003
$120.20 ..------- __o_~. NO BID NOBID
ITEM 124: CONE CUPS per case
445-090-0004 Case = 5000
._._..0._-......_ r-- 'n H _._..___ -.- f-. -----
ITEM 125: STYROFOAM CUPS $26.20 Per Case NOBID NOBID
445-090-00005 Case = 1,000
ITEM 126: CONE CUP DISPENSER .-...--- ---.~---- $19.65 --- ---", ..--
NO BID NO BID I
445-090-00006 J
---....-- ,- - . -- -.. j
Hardwi:,. 08 xiS
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS ITW dba AM TOOL & SUPPL Y ALL AMERICAN POLY BATTERIES PLUS
1450 SOUTH ST. RD. 7 40 TURNER PLACE 6250 LANTANA RD., SUITE 1
HOLL YWOOD, FL 33023 PIACATAWAY, NJ 08854 LAKE WORTH, FL 33463
CONTACT: RAN BY SANICHAR CONTACT: REINA L1DE CONTACT: BRENDA PHIPPS
TELEPHONE: 954-549-1003 TELEPHONE: 800-526-3551 x1124 TELEPHONE: 561-304-0707
FAX: 954-549-1007 FAX: 732-752-2305 FAX: 561-304-0808
ITEM 127: SURGE PROTECTOR $5.25 NOBID $7.49
285-054-00003
ITEM 128: OUTDOOR EXTENSION CORD $23.05 NOBID NO BID
285-054-00002
ITEM 129: INDOOR OFFICE EXT. CORD $6.55 NO BID NO BID
285-054-00001
CALENDAR DAYS FOR DELIVERY 7 NOT SUBMITTED 5
CATALOG PERCENT OFF 10% 20% NOT SUBMITTED
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES
CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT AMINORITY OWNED YES/NOT A MINORITY OWNED
BUSINESS SUBMITTED BUSINESS BUSINESS BUSINESS
CONFIRMATION OF A DRUG FREE YES YES YES
WORKPLACE SUBMITTED
COMMENTS SEE NOTATIONS ON PROPOSAL
Hardware '08.xls
14
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
,
ITEM 1: CONCRETE MIX
445-003-00001
ITEM 2: SAND MIX
445-003-00002
ITEM 3: WTE ALL PURPOSE CAULKING
445-006-00030
ITEM 4: WHITE OIL BASE CAULKING.
445-006-00031
ITEM 5: CAULKING GUN
445-006-00033
ITEM 6: MARINE ADHESIVE
445-006-00034
ITEM 7: 3/8" NYLON ROPE
445-085-00001
ITEM 8: 1/4" NYLON ROPE
445-085-00002
ITEM 9: 4' X 8" x 5/8" PLYWOOD
445-079-00001
ITEM#10: DOOR STOP FOLD DOWN
1445-008-00003
'1tleet L L
DAYTONA BOLT & NUT COMPANY
95 EAST DRIVE
MELBOURNE, FL 32904
CONTACT: DERALD GRICE
TELEPHONE: 321-254-6535
FAX: 321-259-7432
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
NO BID
NOBID
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
FASTENAL COMPANY HD SUPPLY WATERWORKS, L TO
2001 THEURER BLVD. 1101 W. 17th Street
WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 507-494-6423 FAX: 561-845-7267
'iiIj'
NOBID NOBID
NOBID NOBID
$1.56 $1,16
$2.10 NOBID
$4.15 $2.08
$14.81 $12.34
$75.00 NOBID
$31.75 NOBID
_.~~------_.- -.,.-----.-
NOBID NOBID
NOBID ~--'~.^"~----
NOBID
--'---^._"-'--'-'--.~
Hardwc. J8 xis
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
DAYTONA BOLT & NUT COMPANY
95 EAST DRIVE
MELBOURNE, FL 32904
CONTACT: DERALD GRICE
TELEPHONE: 321-254-6535
FAX: 321-259-7432
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
FASTENAL COMPANY HD SUPPLY WATERWORKS, L TD
2001 THEURER BLVD. 1101 W. 17th Street
WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 507-494-6423 FAX: 561-845-7267
ITEM 11: PLASTIC SHEETING
445-008-00007
NOBID
ITEM 12: 1 1/2" PAINT BRUSH
445-030-00001
NOBID
ITEM 13: 2" PAINT BRUSH
445-030-00002
NOBID
ITEM 14: 3" PAINT BRUSH
445-030-00003
NOBID
ITEM 15: 4" PAINT BRUSH
445-030-00004
NOBID
ITEM 16: 9" ROLLER FRAMES
445-030-00005
NOBID
ITEM 17: 9" ROUGH ROLLER
445-030-00008
NOBID
ITEM 18: 9" SEMI-SMOOTH ROLLER
445-030-00009
NOBID
ITEM 19: 9" SMOOTH ROLLER
445-030-00010
NOBID
Sheet 2 of 2
$25.89 NOBID
$2.95 $3.76
$1.59 $4.52
$2.69 $6.84
$4.07 $9.86
$1.29 NOBID
$0.98 $2.65
$0.93 $2.44
$1.85 $2.42
Hardware '08.xls
2
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, LTD
95 EAST DRIVE 2001 THEURER BLVD. 1101 W. 17th Street
MELBOURNE, FL 32904 WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 20: ROLLER TRAY NOBID $2.29 NOBID
445-030-00013
ITEM 21: ROLLER TRAY LINER NOBID $0.45 $0.68
445-030-00014
._.. NOBID NOBID
ITEM 22: PAINT BUCKET NOBID
445-030-00015
....- ~.__....._... -.-----.---.....------ 1------.-----
ITEM 23: PAINT STRAINERS NOBID NOBID NOBID
445-030-00017
ITEM 24: BLUE MARKING PAINT NOBID $3.29 $2.26
445-032-00001
ITEM 25: GREEN MARKING PAINT NOBID $3.29 $2.26
445-032-00002
... $329 $2.26
ITEM 26: FLOURESCENT ORANGE PAINT NOBID
445-032-00003
. NOBID $4.05 $2.26
ITEM 27: WHITE MARKING PAINT
445-032-00004
"-- ._".."._.._~ $2.26 -.--...--...-
ITEM 28: RED MARKING PAINT NOBID $4.05
445-032-00009
. --~"'^-"_.._-- -_..._-- $3.37 $1.70
ITEM 29: GLOSS BLACK SPRAY PAINT NOBID
445-032-00006
". ..
Sll8et ~! \,
I j;mJw;:" J8 xis
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
DAYTONA BOLT & NUT COMPANY
95 EAST DRIVE
MELBOURNE, FL 32904
CONTACT: DERALD GRICE
TELEPHONE: 321-254-6535
FAX: 321-259-7432
NOBID
ITEM 30: WHITE SPRAY PAINT
445-032-00007
ITEM 31 FLAT BLACK SPRAY PAINT
445-032-00005
NOBID
ITEM 32: YELLOW TRAFFIC PAINT
445-035-00001
NOBID
ITEM 33: WHITE TRAFFIC PAINT
445-035-00002
NOBID
ITEM 34: BLACK TRAFFIC PAINT
445-035-00003
NOBID
ITEM 35: RED FIRE HYDRANT PAINT
445-032-00010
NOBID
ITEM 36: WHITE PAINT (5 gallon pail)
445-032-00011
NOBID
ITEM 37: PURPLE MARKING PAINT
445-032-00012
NOBID
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
FASTENAL COMPANY HD SUPPLY WATERWORKS, L TD
2001 THEURER BLVD. 1101 W.17th Street
WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 507453-8339 TELEPHONE: 561-8484396
FAX: 507494-6423 FAX: 561-845-7267
$3.37 $1.70
$3.37 $1.70
$3.45 $4.35
$3.10 $4.35
$3.10 $4.35
$43.29 NOBID
NOBID NOBID
$3.29 $2.73
ITEM 38: 10" X 18T HACKSAW BLADE
445-009-00001
NOBID
ITEM 39: 10" X 24T HACKSAW BLADE
445-009-00002
NOBID
Sheet 2 of 2
NOBID
$12.33
NOBID
$12.33
Hardware '08.xls
4
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, L TO
95 EAST DRIVE 2001 THEURER BLVD. 1101 W. 17th Street
MELBOURNE, FL 32904 WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 4012" X 18T HACKSAW BLADE NOBID NOBID $13.40
445-009-00003
ITEM 41: 14" X 3/16 X 1 CONCRETE BLADES $29.97 $14.97 $12.20
445-009-00004
$5.44 $4.79 -"-,'- $3.95
ITEM 42: 12" X 1/8 X 20 CONCRETE BLADES
445-009-00005
ITEM 43: 14" X 1/8 X20 CONCRETE BLADES $10.97 $11.47 $10.29
445-009-00006
ITEM 44: 2" PUTTY KNIFE NOBID $2.79 NOBID
445-012-00001
-- - __ n.
ITEM 45: UTILITY KNIFE NOBID $2.47 $8.65
445-012-00002
..-- -- $10.89 $2.16
ITEM 46: UTILITY KNIFE BLADES NOBID
445-012-00003
----'- _. $27.58
ITEM 47: BALL PEEN HAMMER NOBID NOBID
445-038-00001
-------..--...- -'-..-----.---- .- ~..'"-_._.._._..._..... --
ITEM 48: CLAW HAMMER NOBID NOBID $21.53
445-038-00002
._.__.'-"-~-'------------'.'--"- ---_.,._-,.- .. _."----~--"-_..__.~~
~i1em 2
Harrjwc. !8.xls
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16.2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, L TO
95 EAST DRIVE 2001 THEURER BLVD. 1101 W.17th Street
MELBOURNE, FL 32904 WINONA, MN 55987 Riviera Beach. FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 49: ENGINEER HAMMER NOBID NOBID $20.20
445-038-00003
ITEM 50: 1/2" X 100 FT. MEASURING TAPE NOBID $12.05 $15.36
445-046-00004
ITEM 51: 3/4" X 12 FT. MEASURING TAPE NOBID $8.49 $7.19
445-046-00005
ITEM 52: 1" X 25 FT. MEASURING TAPE NOBID $17.77 $11.44
445-046-00006
ITEM 53: 8" SLIP JOINT PLIERS $6.59 NOBID $16.14
445-052-00001
ITEM 54: 10" CHANNEL LOCK PLIERS $10.63 $12.40 $20.86
445-052-00002
ITEM 55: 12" CHANNEL LOCK PLIERS $12.64 $13.84 $33.66
445-052-00003
ITEM 56: 10" VISE GRIP PLIERS $12.92 $11.79 $20.20
445-052-00004
ITEM 57: HACKSAW FRAME NOBID NOBID $12.10
'.
445-058-00002
ITEM 58: 6-VOL T FLASHLIGHT NOBID $5.19 NOBID
445-061-00001
Sheet 2 of 2
Hardware '08.xls
6
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16.2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, L TO
95 EAST DRIVE 2001 THEURER BLVD. 1101 W. 17th Street
MELBOURNE. FL 32904 WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 59: MAGLlGHT FLASHLIGHT NOBID NOBID NOBID
445-061-00003
ITEM 60: 2 CELL FLASHLIGHT NOBID $2.25 $11.84
445-061-00002
- $4.85
ITEM 61: 3" PHILLIPS SCREWDRIVER NOBID NOBID
445-064-00001
ITEM 62: 4" PHILLIPS SCREWDRIVER NOBID NOBID $6.21
445-064-00002
ITEM 63: 6" PHILLIPS SCREWDRIVER NOBID NOBID $7.06
445-064-00008
ITEM 64: 4" FLAT BLADE SCREWDRIVER NOBID NOBID $5.05
445-064-00004
ITEM 65: 6" FLAT BLADE SCREWDRIVER NOBID NOBID $5.27
445-064-00005
ITEM 66: 8" FLAT BLADE SCREWDRIVER NOBID NOBID $6.97
445-064-00006
--- 1----_ - -~-~-_.__._--_.- .. --" ~- . .~ l--- -- - , ,.._-~--,--_.- ------,-
ITEM 67: 12" FLAT BLADE SCREWDRIVER NOBID NOBID $10.39
445-064-00007
"---.-.-----.--- .-.- --
Slleet L
HarcJw. 08 xis
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
DAYTONA BOLT & NUT COMPANY
95 EAST DRIVE
MELBOURNE, FL 32904
CONTACT: DERALD GRICE
TELEPHONE: 321-254-6535
FAX: 321-259-7432
$11.64
ITEM 68: 8" ADJUSTABLE WRENCH
445-091-00005
ITEM 69: 10" ADJUSTABLE WRENCH
445-091-00006
$13.65
ITEM 70: 12" ADJUSTABLE WRENCH
445-091-00007
$18.72
ITEM 71: 14 X 20MM X 1/8 DUCTILE IRO
HIGH SPEED CUT OFF WHEEL
445-009-00007
$10.97
ITEM 72:14 X 20MM X 1/8" ASPHALT
HIGH SPEED CUT OFF WHEEL
445-009-00010
$10.97
ITEM 73: 16 X 20MM X 1/8 CONCRETE
HIGH SPEED CUT OFF WHEEL
445-009-00012
$15.25
ITEM 74: CONCRETE RAKE
445-043-00003
NOBID
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
FASTENAL COMPANY HD SUPPLY WATERWORKS, L TD
2001 THEURER BLVD. 1101 W. 17th Street
WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 507-494-6423 FAX: 561-845-7267
NO BID NO BID
NOBID
$19.15
NOBID
$26.46
$9.29
$8.88
$10.29
$7.96
$13.29
NOBID
$13.89
NOBID
ITEM 76: AA BATTERIES
445-026-00002
NOBID
Sheet 2 of 2
$0.37
$0.22
Hardware '08.xls
8
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
ITEM 77: C BATTERIES
445-026-00003
ITEM 78: D BATTERIES
445-026-00004
ITEM 79: 9-VOLT BATTERIES
445-026-00005
ITEM 80: 6-VOL T BATTERIES
445-026-00006
ITEM 81: #392 BATTERIES
445-026-00007
ITEM 82: FIRE BATTERIES
445-026-00008
ITEM 83: CR 123A 3 VOLT BATTERY
445-026-00010
.~.
ITEM 84: LEAF RAKE
445-043-00001
.eCl~$.'
ITEM 85: GARDEN RAKE
445-043-00002
ShefH L": \
DAYTONA BOLT & NUT COMPANY
95 EAST DRIVE
MELBOURNE, FL 32904
CONTACT: DERALD GRICE
TELEPHONE: 321-254-6535
FAX: 321-259-7432
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
-<_.~ ~""
NOBID
NOBID
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
FASTENAL COMPANY HD SUPPLY WATERWORKS, LTD
2001 THEURER BLVD. 1101 W.17th Street
WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 507-494-6423 FAX: 561-845-7267
$0.73 $0.69
$0.82
$0.86
$1.69
$0.89
$2.04
$2.05
NOBID
NOBID
NOBID
NOBID
$2.20
NOBID
- <
,~':' "'-:,'
-
$7.90
$7.42
$26.67
$23.23
Hardw3' J8.x!s
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
VENDORS
DAYTONA BOLT & NUT COMPANY
95 EAST DRIVE
MELBOURNE, FL 32904
CONTACT: DERALD GRICE
TELEPHONE: 321-254-6535
FAX: 321-259-7432
NOBID
ITEM 86: TRENCHING SHOVEL
445-061-00005
ITEM 87: PITCH FORK
445-061-00004
NOBID
ITEM 88: TRANSPLANTING TROWEL
445-061-00006
NOBID
ITEM 89: SQUARE POINT SHOVEL
445-061-00007
NOBID
ITEM 90: ROUND POINT SHOVEL
445-061-00008
NOBID
ITEM 91: 3/4" 50FT GARDEN HOSE
445-073-00001
NOBID
ITEM 92: 5/8" X 50 FT. GARDEN HOSE
445-073-00002
NOBID
ITEM 93: 3/4" GARDEN HOSE NOZZLE
445-076-00001
NOBID
ITEM 94: LOOPING SHEARS
445-070-0001
NOBID
ITEM 95: CLEAR SEALING TAPE
445-088-00001
NOBID
Sheet 2 of 2
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
FASTENAL COMPANY HD SUPPLY WATERWORKS, L TD
2001 THEURER BLVD. 1101 W.17th Street
WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 507-494-6423 FAX: 561-845-7267
$19.25 NO BID
$45.55 $32.16
NOBID NOBID
$10.45 $7.88
$9.95 $7.88
$27.15 NOBID
$19.55 NOBID
$3.08 NOBID
NOBID $9.74
$1.75
$4.81
Hardware 'OB.xls
10
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16. 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers trom the vendors listed herein are the only offers
received timely as of the above receiving date and time
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, L TD
95 EAST DRIVE 2001 THEURER BLVD. 1101 W. 17th Street
MELBOURNE, FL 32904 WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 96: DUCT TAPE NOBID $5.90 $6.01
445-088-00002
-
ITEM 97: 1 1/2" MASKING TAPE NOBID $2.79 $6.22
445-088-00004
$3.54 .. $8.30
ITEM 98: 2" MASKING TAPE NOBID
445-088-00005
.ki._ 'z__~. '~~f-_' . ' "'......N ,,.~. .ill" ..... ......U f~li[.-";.
.~I.'-. .' . ":~~~ :7<" .' c -.""'0.,, . ,~.'l~~: '$5~ .~ .. .. ~j...~L........ .... ..... ... ........"._"...::
ITEM 99 MASTER LOCK NOBID NOBID
445-079-00002
.. $8.37
ITEM 100: PADLOCKED KEYED ALIKE NOBID NOBID
445-079-00003
ITEM 101: PADLOCKED KEYED SEPARATE NOBID $9.15 NOBID
445-079-00004
- $8.37 NOBID
ITEM 102: PADLOCK KEYED ALIKE #7707 NOBID
445-079-00005
w__.. ....- -.....-.-- -..
ITEM 103: BRASS PADLOCK KEYED NOBID NOBID NOBID
ALIKE #2431
445-079-00006
..- '--......... .. .... "--^_._- .....-.........- -................ _._--~,--
ITEM 104: COMBINATION PADLOCK NO BID $15.04 NOBID
445-079-00007
..- ~._._. ~---_.. ,.~-," ~-,._-----_.._- .-- -.
ITEM 105: STORM WATFR MASTER LOCK NO BID $17.87 NOBID
445-079-00008
,- - -----..---------,-- ----'- - - .. ----------j
::-;1188t;.: ,
H31dw3. J8xis
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, L TO
95 EAST DRIVE 2001 THEURER BLVD. 1101 W.17th Street
MELBOURNE, FL 32904 WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 106: MASTER LOCK # 10G012 NOBID NOBID NOBID
445-079-00009
-
ITEM 107: TRIMMER LINE NOBID $16.00 NOBID
445-008-00002
ITEM 108: 2 CYCLE OIL NOBID $1.49 $53.59
445-008-00005
ITEM 109: WD 40 NOBID $6.15 NOBID
445-008-00006
ITEM #110: 32 " ARCOA EZ-REACHER NOBID NOBID NOBID
445-008-00014
ITEM 111: 40" ARCOA EZ-REACHER NOBID NOBID NOBID
445-008-00015
ITEM 112: COMMERCIAL SPRAYER NOBID NO BID NOBID
445-008-00016
ITEM 113: TANAKA EDGER BLADE NOBID NOBID NOBID
445-009-00008
ITEM 114: STICK EDGER BLADE NOBID NOBID NOBID
445-009-00009 . .
ITEM 115: BUNGEE CORDS NOBID NOBID NOBID
445-021-00001
ITEM 116: BUNGEE CORDS NOBID NOBID NOBID
445-021-00002
Sheet 2 of 2
Hardware '08.xls
12
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, L TD
95 EAST DRIVE 2001 THEURER BLVD. 1101 W. 17th Street
MELBOURNE, FL 32904 WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 117: BUNGEE CORDS NOBID NOBID NOBID
445-021-00003
ITEM 118: 8" BLACK WIRE TIES $2.23 $2.59 NOBID
445-049-00001
$5.19 -~_.. $4.25
ITEM 119: 11" BLACK WIRE TIES NOBID
445-049-00002
$6.57 - $5.64
ITEM 120: 15" BLACK WIRE TIES NOBID
445-049-00003
ITEM 121 2 GALLON WATER COOLER NOBID $27.70 $23.25
445-090-00001
ITEM 122: 3-GALLON WATER COOLER NOBID $35.95 $30.37
445-090-00002
ITEM 123: 5-GALLON WATER COOLER NOBID $45.45 $35.62
445-090-00003
ITEM 124: CONE CUPS NOBID $3.68 $117.65
445-090-0004
.- $0.60 NOBID
ITEM 125: STYROFOAM CUPS NOBID
445-090-00005
-- $15.55 $11.84
ITEM 126: CONE CUP DISPENSER NOBID
445-090-00006
I
. ------ --~. ~-_._------_.- --- --,- ------- $5.65 --. .- -.---. I
I~TEM 127 SURGE PROTECTOR NOBID $536
285-054-00003 __~_ ___1__ I
J
--~ ---~---- - -- "----.---------- -~-_.. '-"'- --.-. ..-- --_._._.~. - --~-- .-- ---..
Sheet L. i
Hardwc. 08 xis
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS DAYTONA BOLT & NUT COMPANY FASTENAL COMPANY HD SUPPLY WATERWORKS, L TO
95 EAST DRIVE 2001 THEURER BLVD. 1101 W. 17th Street
MELBOURNE, FL 32904 WINONA, MN 55987 Riviera Beach, FL 33404
CONTACT: DERALD GRICE CONTACT: WILLARD D. OBERTON CONTACT: SUSAN HELMS
TELEPHONE: 321-254-6535 TELEPHONE: 507-453-8339 TELEPHONE: 561-848-4396
FAX: 321-259-7432 FAX: 507-494-6423 FAX: 561-845-7267
ITEM 128: OUTDOOR EXTENSION CORD NOBID $23.25 $21.11
285-054-00002
ITEM 129: INDOOR OFFICE EXT. CORD NOBID $18.95 NOBID
285-054-00001
CALENDAR DAYS FOR DELIVERY 7 4 7-28
CATALOG PERCENT OFF NOT SUBMITTED DETERMINED BY THE PRODUCT CALL FOR NET PRICING
SEE CHART ENCLOSED
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES
CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED
BUSINESS SUBMITTED BUSINESS BUSINESS BUSINESS
CONFIRMATION OF A DRUG FREE YES YES YES
WORKPLACE SUBMITTED
COMMENTS
Sheet 2 of 2
Hardware '08.xls
14
'-r;:-- r---""--S
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
14
15 ITEM 1: CONCRETE MIX
16 445-003-00001
17
18 ITEM 2: SAND MIX
19 445-003-00002
20
21 ITEM 3: WTE ALL PURPOSE CAULKING
22 445-006-00030
23
24 ITEM 4: WHITE"6iLBASE CAULKING.
25 445-006-00031
26
27 ITEM 5: CAULKING GUN
28 445-006-00033
29
30 ITEM 6: MARINE ADHESIVE
31 445-006-00034
32
33 ITEM 7: 3/8" NYLON ROPE
34 445-085-00001
35
36 ITEM 8: 1/4" NYLON ROPE
37 445-085-00002
38
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NO BID
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
r
~
c
:=J
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
MERCEDES ELECTRIC SUPPLY, INC.
8550 N.W. SOUTH RIVER DRIVE
MIAMI, FL 33166
CONTACT: BRUCE GAUM
TELEPHONE: 800-636-5550
FAX: 305-887-8761
D
MSC INDUSTRIAL SUPPLY
1800 N. POWERLlNE RD.
POMPANO BEACH, FL 33069
CONTACT: RONALD BUCKLEY
TELEPHONE: 954-969-9250
FAX: 954-969-9452
NOBID
NOBID
NOBID
NO BID
NO BID
NOBID
NOBID
NOBID
NO BID
NOBID
$1.91
NOBID
$2.36
NO BID
$46.75
$60.00
A B
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
39 ITEM 9: 4' X 8" x 5/8" PL YWOOD
40 445-079-00001
41
42 ITEM#10: DOOR STOP FOLD DOWN
43 445-008-00003
44
45
46 ITEM 11: PLASTIC SHEETING
47 445-008-00007
48
49 ITEM 12: 1 1/2" PAINT BRUSH
50 445-030-00001
51
52 ITEM 13: 2" PAINT BRUSH
53 445-030-00002
54
55 ITEM 14: 3" PAINT BRUSH
56 445-030-00003
57
58 ITEM 15: 4" PAINT BRUSH
59 445-030-00004
60
61 ITEM 16: 9" ROLLER FRAMES
62 445-030-00005
63
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NO BID
NOBID
C
D
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
MIAMI, FL 33166 POMPANO BEACH, FL 33069
CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
FAX: 305-887-8761 FAX: 954-969-9452
NO BID NO BID
NO BID
NO BID
NO BID
NO BID
NO BID
NOBID
NOBID
NO BID
NO BID
NOBID
NO BID
$1.20
NOBID
$1.25
NOBID
$2.05
NO BID
$3.00
NOBID
$1.02
A B ~
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
1
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
64 ITEM 17: 9" ROUGH ROLLER
65 445-030-00008
66
67 ITEM 18: 9" SEMI-SMOOTH ROLLER
68 445-030-00009
69
70 ITEM 19: 9" SMOOTH ROLLER
71 445-030-00010
72
73 ITEM 20: ROLLER TRAY
74 445-030-00013
75
76 ITEM 21: ROLLER TRAY LINER
77 445-030-00014
78
79 ITEM 22: PAINT BUCKET
80 445-030-00015
81
82 ITEM 23: PAINT STRAINERS
83 445-030-00017
84
85 ITEM 24: BLUE MARKING PAINT
86 445-032-00001
87
88 ITEM 25: GREEN MARKING PAINT
89 445-032-00002
90
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NO BID
NOBID
NO BID
NOBID
NOBID
NO BID
NOBID
NOBID
. NO BID...
C
D
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
MERCEDES ELECTRIC SUPPLY, INC.
8550 NW. SOUTH RIVER DRIVE
MIAMI, FL 33166
CONTACT: BRUCE GAUM
TELEPHONE: 800-636-5550
FAX: 305-887-8761
NOBID
NOBID
NO BID
NOBID
NO BID
NO BID
NOBID
NOBID
NO BID
MSC INDUSTRIAL SUPPLY
1800 N. POWERLlNE RD.
POMPANO BEACH, FL 33069
CONTACT: RONALD BUCKLEY
TELEPHONE: 954-969-9250
FAX: 954-969-9452
$1.95
$1.90
$1.72
$2.14
$0.50
NO BID
$0.95
$2.90
$2.90
A I B I C 0
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
2
~ "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16. 2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
~ BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
8 VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
t-g 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
~ TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
~ CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
I--'-'-
12 TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
~ FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
~ ITEM 26: FLOURESCENT ORANGE PAINT NO BID NO BID $2.90
Jg 445-032-00003
93
94 ITEM 27: WHITE MARKING PAINT NO BID NO BID $2.90
95 445-032-00004
96
.!E... ITEM 28: RED MARKING PAINT NO BID NO BID $2.90
J!!!. 445-032-00009
99
.!QQ ITEM 29: GLOSS BLACK SPRAY PAINT NOBID NO BID $1.77
..!.Q.! 445-032-00006
102
~ ITEM 30: WHITE SPRAY PAINT NOBID NOBID $1.77
~ 445-032-00007
105
~ ITEM 31 FLAT BLACK SPRAY PAINT NOBID NOBID $1.77
JQZ 445-032-00005
108
~ ITEM 32: YELLOW TRAFFIC PAINT NO BID NO BID NO BID
JlQ 445-035-00001
111
112 ITEM 33: WHITE TRAFFIC PAINT NO BID NOBID NO BID
m 445-035-00002
'114
..!.!E ITEM 34: BLACK TRAFFIC PAINT NO BID NO BID NO BID
~ 445-035-00003
117
A ] B
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
1
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
118 ITEM 35: RED FIRE HYDRANT PAINT
119445-032-00010
120
121 ITEM 36: WHITE PAINT (5 gallon pail)
122445-032-00011
123
124 ITEM 37: PURPLE MARKING PAINT
125445-032-00012
126
127
128
129 ITEM 38: 10" X 18T HACKSAW BLADE
130 445-009-00001
131
132 ITEM 39: 10" X 24T HACKSAW BLADE
133 445-009-00002
134
135 ITEM 4012" X 18T HACKSAW BLADE
136 445-009-00003
137
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NOBID
NOBID
NO BID
"=r-
~
o
C
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
MIAMI, FL 33166 POMPANO BEACH, FL 33069
CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
FAX: 305-887-8761 FAX: 954-969-9452
NO BID NO BID
NOBID
NO BID
NO BID
$2.90
NOBID
NO BID
NOBID
$0.90
NO BID
NO BID
$0.90
NOBID
$0.95
A B C I D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
f--
2
~ .Offers from the vendors listed herein are the only offers
~
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
r2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation.
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
9 5400 S. 122ND EAST AVE. 8550 N.W. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
10 TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
.....;....:;..
J.1. CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
~ TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE; 954-969-9250
13 FPV<:800-879-7000 FAX: 305-887-8761 F PV<: 954-969-9452
~ ITEM 41: 14" X 3/16 X 1 CONCRETE BLADES NO BID NO BID NO BID
~ 445-009-00004
140
141 ITEM 42: 12" X 1/8 X 20 CONCRETE BLADES $131.49 NO BID $4.48
142 445-009-00005
143
~ ITEM 43; 14. X 1/8 X20 CONCRETE BLADES $155.63 NO BID $7.85
~ 445-009-00006
146
~ ITEM 44: 2" PUTTY KNIFE NO BID NO BID $3.50
.ill 445-012-00001
149
~ ITEM 45: UTILITY KNIFE NO BID NO BID $3.05
~ 445-012-00002
152
- I ~
A B C D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
I---
2
I---
~ "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
J- BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
~ VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
9 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
~ TULSA, OK 74146-6007 MIAMI. FL 33166 POMPANO BEACH, FL 33069
~
J1. CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
~ TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
~ ITEM 46: UTILITY KNIFE BLADES NOBIO NOBID $10.55
~ 445-012-00003
155 - ~. ".".-
~ ITEM 47: BALL PEEN HAMMER NOBID NO BID $12.63
~ 445-038-00001
158 ~,-- ~~"
~ ITEM 48: CLAW HAMMER NO BID NOBIO $4.19
~ 445-038-00002
161 . n - -
~ ITEM 49: ENGINEER HAMMER NOBIO NOBID $11.77
~ 445-038-00003
164 .- ,
~ ITEM 50: 1/2" X 100 FT MEASURING TAPE NOBID NOBID $9.37
~ 445-046-00004
167
~ ITEM 51: 3/4" X 12 FT. MEASURING TAPE NOBIO NOBIO $9.20
~ 445-046-00005
170 ..~._-_._......_---- -. n '-.-
r.!Z..! ITEM 52: 1" X 25 FT. MEASURING TAPE NOBIO NOBID $13.04
$ 445-046-00006
173 --. " ""-- ."'.-- '.~"- ,--.---...----.- - ._.~ - -""- "-
~ ITEM 53: 8" SLIP JOINT PLIERS NOBID NOBID $8.38
~ 445-052-00001
176 ----_._--_.._.-...~~-~.,". ._._,-, ._~-
---_.-
A B C D
-1- ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
-.1... "Offers from the vendors listed herein are the only offers
,..!. COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
J... COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation.
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
~ 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
J.Q. TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
J..!.. CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
...g TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
,1ZZ ITEM 54: 10" CHANNEL LOCK PLIERS NO BID NO BID $9.91
~ 445-052-00002
179
~ ITEM 55: 12" CHANNEL LOCK PLIERS NO BID NOBID $11.06
J.!!.! 445-052-00003
182
$ ITEM 56: 10" VISE GRIP PLIERS NOBID NOBID $8.55
~ 445-052-00004
185
~ ITEM 57: HACKSAW FRAME NOBID NOBID $7.63
$ 445-058-00002
188
~ ITEM 58: 6-VOL T FLASHLIGHT NOBID NO BID NO BID
~ 445-061-00001
191
~ ITEM 59: MAGLlGHT FLASHLIGHT NO BID NO BID $17.83
~ 445-061-00003
194
J.!!? ITEM 60: 2 CELL FLASHLIGHT NO BID NOBID $2.94
~ 445-061-00002
197
~ ITEM 61: 3" PHILLIPS SCREWDRIVER NOBID NOBID $2.23
~ 445-064-00001
200
~ T 'J ~
A B C D
~ ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2-
~ "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
J.. COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation.
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
JL 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
...!.Q. TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
...!..!. CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
J1. TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
~ ITEM 62: 4" PHILLIPS SCREWDRIVER NOBID NOBID $2.81
~ 445-064-00002
203 .~. ~
. -- $3.89
~ ITEM 63: 6" PHILLIPS SCREWDRIVER NOBID NOBID
~ 445-064-00008
206 _0' _...-- ~_. '-.'"-'-
~ ITEM 64: 4" FLAT BLADE SCREWDRIVER NO BID NOBID $2.27
~ 445-064-00004
209 .. -.. . -. __ ~ _"U_._~._
11Q ITEM 65: 6" FLAT BLADE SCREWDRIVER NOBID NO BID $3.32
l!.1 445-064-00005
212
m ITEM 66: 8" FLAT BLADE SCREWDRIVER NO BID NOBID $3.41
~ 445-064-00006
215 -~ ---
~ ITEM 67: 12" FLAT BLADE SCREWDRIVER NOBID NOBID $6.73
J1l 445-064-00007
218 .
J.!il ITEM 68: 8" ADJUSTABLE WRENCH NOBID NOBID $9.65
~ 445-091-00005
221 "--,~.._" ~'.~.~'_.'-'.~'-~ -'_-0-'_0" ..__ 1----- -'-,--'--- .-- ...~_..~..-
~ ITEM 69: 10" ADJUSTABLE WRENCH NO BID NOBID $12.10
1223 445-091-00006
224 .. . _..~-
NO BID NO BID $41.14
72 CASE
NOBID NO BID $76.47
144 CASE
NOBID NOBID $76.47
72 CASE
A B
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
225 ITEM 70: 12" ADJUSTABLE WRENCH
226 445-091-00007
227
228 ITEM 71: 14 X 20MM X 1/8 DUCTILE IRON
229 HIGH SPEED CUT OFF WHEEL
23 445-009-00007
231
232 ITEM 72:14 X 20MM X 1/8" ASPHALT
233 HIGH SPEED CUT OFF WHEEL
234 445-009-00010
235
236 ITEM 73: 16 X 20MM X 1/8 CONCRETE
237 HIGH SPEED CUT OFF WHEEL
238445-009-00012
239
240 ITEM 74: CONCRETE RAKE
241 445-043-00003
242
243
244 ITEM 75: AAA BATTERIES
245 445-026-00001
246
247 ITEM 76: AA BATTERIES
248 445-026-00002
249
250 ITEM 77: C BATTERIES
251 445-026-00003
252
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NOBID
$122.26
Case of 10
NO BID
NO BID
NOBID
C
o
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
MIAMI, FL 33166 POMPANO BEACH, FL 33069
CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
FAX: 305-887-8761 FAX: 954-969-9452
NO BID $17.61
NO BID
$7.65
NOBID
$7.65
NO BID
$9.18
NO BID
NOBIID
A 1----- B
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
1
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
253 ITEM 78: D BATTERIES
254 445-026-00004
255
256 ITEM 79: 9-VOL T BATTERIES
257 445-026-00005
258
259 ITEM 80: 6-VOL T BATTERIES
260 445-026-00006
261
262 ITEM 81: #392 BATTERIES
263 445-026-00007
264
265 ITEM 82: FIRE BATTERIES
266 445-026-00008
267
268 ITEM 83: CR 123A 3 VOLT SA TTERY
269445-026-00010
270
271
272 ITEM 84: LEAF RAKE
273 445-043-00001
274
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NOBID
NOBID
NOBID
NOBID
NOBID
NOBID
NO BID
c__
c:
C
D
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
MERCEDES ELECTRIC SUPPLY, INC.
8550 NW. SOUTH RIVER DRIVE
MIAMI, FL 33166
CONTACT: BRUCE GAUM
TELEPHONE: 800-636-5550
FAX: 305-887-8761
NO BID
MSC INDUSTRIAL SUPPLY
1800 N. POWERLlNE RD.
POMPANO BEACH, FL 33069
CONTACT: RONALD BUCKLEY
TELEPHONE: 954-969-9250
FAX: 954-969-9452
$71.85
72 CASE
NOBID $119.34
72 CASE
NO BID $1.90
EACH
--, ---..-
NOBID $0.44
EACH
NOBID $0.90
NO BID NOBID
NO BID
$12.14
A I B C 0
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
2
3"" "Offers from the vendors listed herein are the only offers
--'-
...i.. COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation.
6 BID # 016-1412-09/CJD if any. are hereby rejected as late"
-
7
8 VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
""9 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
10 TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
11 CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
12 TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
275 ITEM 85: GARDEN RAKE NOBID NO BID $10.42
276 445-043-00002
m
278 ITEM 86: TRENCHING SHOVEL NO BID NOBID NO BID
279 445-061-00005
280
~ ITEM 87: PITCH FORK NO BID NO BID NO BID
~ 445-061-00004
283
284 ITEM 88: TRANSPLANTING TROWEL NO BID NO BID NOBID
285 445-061.00006
286
287 ITEM 89: SQUARE POINT SHOVEL NO BID NO BID $18.62
288 445-061-00007
289
~ ITEM 90: ROUND POINT SHOVEL NOBID NO BID $18.62
291 445-061-00008
292
~ ITEM 91: 3/4" 50FT GARDEN HOSE NOBID NOBID $23.67
~ 445-073-00001
295
296 ITEM 92: 5/8" X 50 FT. GARDEN HOSE NOBID NO BID $16.11
297 445-073-00002
298
A ~ B
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
[
C
=:J
o
1
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
299 ITEM 93: 3/4" GARDEN HOSE NOZZLE
300 445-076-00001
301
302 ITEM 94: LOOPING SHEARS
303 445-070-0001
304
305
306 ITEM 95: CLEAR SEALING TAPE
307 445-088-00001
308
309 ITEM 96: DUCT TAPE
310 445-088-00002
311
312 ITEM 97: 1 1/2" MASKING TAPE
313 445-088-00004
314
315 ITEM 98: 2" MASKING TAPE
316445-088-00005
317
318 ITEM 99 MASTER LOCK
319445-079-00002
320
321 ITEM 100: PADLOCKED KEYED ALIKE
322 445-079-00003
323
COMPUTER TABULATION DATE.: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
If any. are hereby rejected as late"
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NOBID
MERCEDES ELECTRIC SUPPLY, INC.
8550 NW. SOUTH RIVER DRIVE
MIAMI, FL 33166
CONTACT: BRUCE GAUM
TELEPHONE: 800-636-5550
FAX: 305-887-8761
NOBID
MSC INDUSTRIAL SUPPLY
1800 N. POWERLlNE RD.
POMPANO BEACH, FL 33069
CONTACT: RONALD BUCKLEY
TELEPHONE: 954-969-9250
FAX: 954-969-9452
$5.00
NOBID
NOBID
NO BID
NO BID NO BID $0.77
NOBID NOBID $4.27
NOBID NOBID $1.55
NOBID NOBID $1.65
NO BID NO BID $5.73
- -. .__.~------_..- -~-- -"--'-'-'~-~----'-'-----
NOBID NO BID $8.00
A B
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
3
4
5
6
7
8 VENDORS
9
10
11
12
13
324 ITEM 101: PADLOCKED KEYED SEPARATE
325 445-079-00004
326
327 ITEM 102: PADLOCK KEYED ALIKE #7707
328 445-079-00005
329
330 ITEM 103: BRASS PADLOCK KEYED
331 ALIKE #2431
332 445-079-00006
333
334 ITEM 104: COMBINATION PADLOCK
335 445-079-00007
336
337 ITEM 105: STORM WATER MASTER LOCK
338 445-079-00008
339
340 ITEM 106: MASTER LOCK # 10G012
341 445-079-00009
342
343 ITEM 107: TRIMMER LINE
344 445-008-00002
345
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
HIL TIINC.
5400 S. 122ND EAST AVE.
TULSA, OK 74146-6007
CONTACT: MARY HUGHES
TELEPHONE: 800-879-8000
FAX: 800-879-7000
NO BID
NOBID
NOBID
NO BID
NO BID
NO BID
NOBID
C
o
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
MIAMI, FL 33166 POMPANO BEACH, FL 33069
CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
FAX: 305-887-8761 FAX: 954-969-9452
NO BID $7.18
NOBID
$11.17
NOBID
$10.70
NO BID
$14.04
NOBID
$17.11
NO BID
$15.49
NO BID
NO BID
L- - c r --
A B C 0
~ ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2-
2- "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
~ BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
~ VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
--.!. 5400 S. 122ND EAST AVE. 8550 N.W. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
...!Q.. TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
J..!. CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
~ TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
~ ITEM 108: 2 CYCLE OIL NOBID NOBID NOBID
~ 445-008-00005
348 ._~~_.- .....-
._~-~~~~ '_.--~.~-' $3.75
~ ITEM 109: WD 40 NOBID NOBID
~ 445-008-00006
351
--.--. -~.- - NOBID . NOBID ._=-~.
~ ITEM #110: 32" ARCOA EZ-REACHER NO BID
~ 445-008-00014
354 .. -
.. .
~ ITEM 111: 40" ARCOA EZ-REACHER NOBID NOBID NOBID
~ 445-008-00015
357 -,~~. . .. ..--
,~. .~-----.
~ ITEM 112: COMMERCIAL SPRAYER NOBID NOBID NOBID
~ 445-008-00016
360
. NOBID NOBID NOBID
~ ITEM 113: TANAKA EDGER BLADE
~ 445-009-00008
363 ""- ~. .-
' --. , -_.__..__.
~ ITEM 114: STICK EDGER BLADE NOBID NOBID NOBID
~ 445-009-00009
366 ---- 1--..- .......... .. .. .. . -~---~~~-- -.. --_._-~~._-- ~,._---_."-- .---
~ ITEM 115: BUNGEE CORDS NOBID NOBID $2.36
~ 445-021-00001
369 ~ .~__._<...__,~__._"_"___ .._._....,___.w .-- ..... ._---,--~-~<--_._,~--_._-_.._-- -" ...0.0_.- _....... - ...-..J
A I B I C D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
r-
2
f--
r-l "Offers from the vendors listed herein are the only offers
4 COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
r--
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
~ BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
-2L VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY. INC. MSC INDUSTRIAL SUPPLY
~ 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
10 TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
11 CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
12 TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
~ ITEM 116: BUNGEE CORDS NO BID NO BID $2.57
~ 445-021-00002
372
~ ITEM 117: BUNGEE CORDS NOBID NO BID $3.57
E1 445-021-00003
375
~ ITEM 118: 8" BLACK WIRE TIES NOBID NO BID $1.43
El- 445-049-00001
378
~ ITEM 119: 11" BLACK WIRE TIES NO BID NO BID $2.46
380 445-049-00002
~
~ ITEM 120: 15" BLACK WIRE TIES NOBID NO BID $5.58
~ 445-049-00003
384
385 ITEM 121 2 GALLON WATER COOLER NOBID NO BID $19.98
~ 445-090-00001
'387
~ ITEM 122: 3-GALLON WATER COOLER NOBID NO BID $27.83
389 445-090-00002
390
W ITEM 123: 5-GALLON WATER COOLER NOBID NOBID $31.57
~ 445-090-00003
393
A B C D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
2
-
2- "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME 8:30 A.M. All other offers submitted in response to this solicitation.
J.- BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
9 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
f-:jQ TULSA, OK 74146-6007 MIAMI, FL 33166 POMPANO BEACH, FL 33069
I--'-"-
J.1. CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
J1 TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
~ ITEM 124: CONE CUPS NOBID NOBID $27.36
~ 445-090-0004 1000/PK
396 _'_n_"
. ..n_ NO BID
~ ITEM 125: STYROFOAM CUPS NO BID NOBID
~ 445-090-00005
399 .. -,--
~ ITEM 126: CONE CUP DISPENSER NOBID NOBID $10.98
~ 445-090-00006
402
NOBID ----,.-~_. NOBID $8.49
~ ITEM 127: SURGE PROTECTOR
~ 285-054-00003
405 ---,-~.- NO BID ..----~--- _.
~ ITEM 128: OUTDOOR EXTENSION CORD NO BID $24.02
.iQZ 285-054-00002
408
~ ITEM 129: INDOOR OFFICE EXT. CORD NOBID NOBID NOBID
,!!Q 285-054-00001
411 ___"____,'..__.___..-'u____ ~-~--_.~
A B C 0
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
2
3"" "Offers from the vendors listed herein are the only offers
--'--
..i... COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
..E- BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
8 VENDORS HIL TIINC. MERCEDES ELECTRIC SUPPLY, INC. MSC INDUSTRIAL SUPPLY
9 5400 S. 122ND EAST AVE. 8550 NW. SOUTH RIVER DRIVE 1800 N. POWERLlNE RD.
10 TULSA, OK 74146-6007 MIAMI. FL 33166 POMPANO BEACH, FL 33069
11 CONTACT: MARY HUGHES CONTACT: BRUCE GAUM CONTACT: RONALD BUCKLEY
-'-'-
12 TELEPHONE: 800-879-8000 TELEPHONE: 800-636-5550 TELEPHONE: 954-969-9250
13 FAX: 800-879-7000 FAX: 305-887-8761 FAX: 954-969-9452
m CALENDAR DAYS FOR DELIVERY 3 5 1-2
413
414 CATALOG PERCENT OFF 2% suggested retail price 12% 15%
-
415 SEE CATALOG ENCLOSED
416 ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES
ill
~ CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY OWNED YESIYES A MINORITY OWNED YES/NOT A MINORITY OWNED
!!!! BUSINESS SUBMITTED BUSINESS BUSINESS BUSINESS
420 CERTIFIED
421 CONFIRMATION OF A DRUG FREE YES YES YES
422 WORKPLACE SUBMITTED
423
~ COMMENTS
425
426
ill
A I B I C D
~ ANNUAL CONTRACT FOR HARDWARE SUPPLIES
~
~ "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
~ 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
,J.Q. MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD,OH 44901
~ CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
~ TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
14
~ ITEM 1: CONCRETE MIX $5.85 NOBID NOBID
~ 445-003-00001
17
~ ITEM 2: SAND MIX $4.23 NOBID NOBID
~ 445-003-00002
20 -~_..._~~,
---_._," $1.34 NOBID NOBID
21- ITEM 3: WTE ALL PURPOSE CAULKING
2 445-006-00030
23
~ ITEM 4: WHITE OIL BASE CAULKING. $44.81 NOBID NO BID
~ 445-006-00031
26 -- .-
- . NO BID $7.42
& ITEM 5: CAULKING GUN $2.91
~ 445-006-00033
29 ----- --
~ ITEM 6: MARINE ADHESIVE $15.75 NO BID NO BID
~ 445-006-00034
32
._---~-- $154.85 NOBID NO BID
~ ITEM 7: 3/8" NYLON ROPE
~ 445-085-00001
35 --- ---.-- --'--
~ ITEM 8: 1/4" NYLON fWPE $68.58 NO BID NOBID
~ 445-085-00002
38 --"--'--~'--'-- --~.- - -~ - - ,. -- - .--- -_.
~ ITEM 9: 4' X 8" x 5/8" PLYWOOD $15.88 NO BID NO BID
,..i2. 445-079-00001
41 .----
A I B I C D
--.!... ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2-
~ "Offers from the vendors listed herein are the only offers
...i.. COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
2... COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
~ BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
~ VENDORS OT TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
~ 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
J..Q. MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
~ CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
~ TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
~ ITEM#10: DOOR STOP FOLD DOWN $37.33 NO BID NO BID
~ 445-008-00003
44
45
~ ITEM 11: PLASTIC SHEETING $44.39 NO BID NO BID
~ 445-008-00007
48
~ ITEM 12: 11/2" PAINT BRUSH $6.65 NO BID NOBID
~ 445-030-00001
51
~ ITEM 13: 2" PAINT BRUSH $6.18 NO BID NOBID
~ 445-030-00002
54
~ ITEM 14: 3. PAINT BRUSH $10.19 NO BID NO BID
~ 445-030-00003
57
~ ITEM 15: 4" PAINT BRUSH $15.11 NO BID NO BID
~ 445-030-00004
60
~ ITEM 16: 9" ROLLER FRAMES $2.20 NOBID NOBID
E.. 445-030-00005
63
~ ITEM 17: 9" ROUGH ROLLER $6.10 NO BID NOBID
~ 445-030-00008
66
.&Z. ITEM 18: 9" SEMI-SMOOTH ROLLER $2.37 NOBID NO BID
~ 445-030-00009
69
~ ITEM 19: 9" SMOOTH ROLLER $9.31 NOBID NOBID
~ 445-030-00010
72
~ ITEM 20: ROLLER TRAY $2.17 NOBID NOBID
~ 445-030-00013
75
~ ITEM 21: ROLLER TRAY LINER $1.11 NOBID NOBID
.!l... 445-030-00014
78
A I B I C I D
~ ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2-
2 "Offers from the vendors listed herein are the only offers
-i... COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation.
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
~ 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
J.Q. MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
~ CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
,..g TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
~ ITEM 22: PAINT BUCKET $3.01 NOBID NOBID
~ 445-030-00015
81
.B.. ITEM 23: PAINT STRAINERS $1.96 -
NOBID NOBID
~ 445-030-00017
84
~ ITEM 24: BLUE MARKING PAINT -..- .-- $5.77 $3.99
NO BID
~ 445-032-00001 12 cans/case - full cases only
87
~ ITEM 25: GREEN MARKING PAINT -.^',--.-...---.. $7.64 $3.99 NO BID
~ 445-032-00002 12 cans/case - full cases only
90
~ -- ..-^'. $7.64 $3.99 NOBID
ITEM 26. FLOURESCENT ORANGE PAINT
JR 445-032-00003 12 cans/case - full cases only
93
~ ITEM 27: WHITE MARKING PAINT $5.77 $3.99 NOBID
~ 445-032-00004 12 cans/case - full cases only
96 ..
JlZ. ITEM 28: RED MARKING PAINT $5.77 $3.99 NOBID
~ 445-032-00009 12 cans/case - full cases only
99
.1QQ ITEM 29: GLOSS BLACK SPRAY PAINT $4.55 $2.99 NOBID
r1Q1 445-032-00006 12 cans/case - full cases only
102 .,~- --.
~ ITEM 30: WHITE SPRAY PAINT $7.30 $2.99 NOBID
~ 445-032-00007 j 2 cans/case - full cases only
105 -- _.... '---'--'---'-'''- ----.--".."~-.- ---- ----~..- --.-- --._.-
~ ITEM 31 FLAT BLACK SPRAY PAINT $4.55 $2.99 NOBID
J.QZ 445-032-00005 12 cans/case - full cases only
108 -.--- --------.-------. ---
.1Qg ITEM 32: YELLOW TF<AFFIC PAINT --.--.. .-..--..--... $4.85 $3.99 NO BID
.1.1Q 445-035-00001 12 cans/case - full cases only
111 0...... ...._1..-_. ...__..
<""<~~H___. .-..~.._."._-".,_..._~---_.__.~~-- -- ---'--~--'-'-~-'~'----"'-'._".._,---
A T B I C I D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
2
3"" "Offers from the vendors listed herein are the only offers
-
...!. COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
2- BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
...2... 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
10 MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD,OH 44901
11 CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
12 TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
112 ITEM 33: WHITE TRAFFIC PAINT $4.85 $3.99 NOBID
113 445-035-00002
114
,1.!2 ITEM 34: BLACK TRAFFIC PAINT $4.85 $3.99 NOBID
116 445-035-00003
m
r1.!!1 ITEM 35: RED FIRE HYDRANT PAINT $63.82 NO BID NO BID
~ 445-032-00010
120
$ ITEM 36: WHITE PAINT (5 gallon pail) $109.51 NOBID NOBID
122 445-032-00011
W
~ ITEM 37: PURPLE MARKING PAINT $6.03 NOBID NOBID
~ 445-032-00012
dm
127
128
~ ITEM 38: 10" X 18T HACKSAW BLADE $2.38 NOBID NOBID
~ 445-009-00001
131
132 ITEM 39: 10" X 24T HACKSAW BLADE $1.19 NO BID NO BID
'133 445-009-00002
134
~ ITEM 4012" X 18T HACKSAW BLADE $1.16 NOBID NOBID
~ 445-009-00003
137
~ ITEM 41: 14" X 3/16 X 1 CONCRETE BLADES $291.28 NO BID NO BID
~ 445-009-00004
140
141 ITEM 42: 12" X 1/8 X 20 CONCRETE BLADES $184.05 NOBID NO BID
142 445-009-00005
143
A I B T C I D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
'--
~
~ "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation.
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
~ 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
...!Q.. MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
.J..l CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
.E.. TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
..!11 ITEM 43: 14" X 1/8 X20 CONCRETE BLADES $158.42 NO BID NOBID
~ 445-009-00006
146
..!.iZ ITEM 44: 2" PUTTY KNIFE $5.17 NOBID NOBID
~ 445-012-00001
149
..11Q ITEM 45: UTILITY KNIFE $3.94 NO BID $5.16
~ 445-012-00002
152
~ ITEM 46: UTILITY KNIFE BLADES $14.44 NOBID $28.61
~ 445-012-00003
155
~ ITEM 47: BALL PEEN HAMMER $16.33 NOBID $40.90
..!2I 445-038-00001
158
~ ITEM 48: CLAW HAMMER $18.28 NO BID $22.18
~ 445-038-00002
161
~ ----.,- $15.21 NOBID $24.55
~ ITEM 49: ENGINEER HAMMER
~ 445-038-00003
164 .-. -- ~.._..--.._... -
~ ITEM 50 1/2" X 100 FT MEASURING TAPE $12.87 NO BID $19.55
~ 445-046-00004
167 ...
~ ITEM 51: 3/4" X 12 FT MEASURING TAPE $11.89 NO BID $19.21
~ 445-046-00005
170 --- _,_L---._.__.___~.... -~..-
A I B C I D
-2- ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
"'"3 "Offers from the vendors listed herein are the only offers
-::....
....!. COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
5 COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solic~ation,
-
~ BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
.JL VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
9 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
10 MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
11 CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
12 TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
~ ITEM 52: 1" X 25 FT. MEASURING TAPE $17.35 NO BID $26.00
$ 445-046-00006
173
174 ITEM 53: 8" SLIP JOINT PLIERS $9.17 NO BID NO BID
175 445-052-00001
176
~ ITEM 54: 10" CHANNEL LOCK PLIERS $15.57 NOBID $16.84
~ 445-052-00002
179
180 ITEM 55: 12" CHANNEL LOCK PLIERS $15.01 NOBID $17.91
181 445-052-00003
182
~ ITEM 56: 10" VISE GRIP PLIERS $16.37 NO BID $12.86
~ 445-052-00004
185
~ ITEM 57: HACKSAW FRAME $9.86 NOBID $39.03
m 445-058-00002
188
~ ITEM 58: 6-VOL T FLASHLIGHT $19.03 NO BID NO BID
~ 445-061-00001
191
~ ITEM 59: MAGLlGHT FLASHLIGHT $26.37 NOBID NO BID
$ 445-061-00003
194
~ ITEM 60: 2 CELL FLASHLIGHT $2.38 $2.69 NOBID
~ 445-061-00002
197
~ ITEM 61: 3" PHILLIPS SCREWDRIVER $2.73 NOBID $6.68
~ 445-064-00001
200
A B I C I D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
I-
~
r2. 'Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
.JL 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
10 MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD,OH 44901
11 CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
12 TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
201 ITEM 62: 4" PHILLIPS SCREWDRIVER $3.36 NOBID $8.98
2ci2 445-064-00002
203
~ ITEM 63: 6" PHILLIPS SCREWDRIVER $4.65 NOBID NOBID
~ 445-064-00008
206 -
207 ITEM 64: 4" FLAT BLADE SCREWDRIVER $3.61 NOBID $8.22
208 445-064-00004
209 --
11Q ITEM 65: 6" FLAT BLADE SCREWDRIVER $4.29 NOBID $8.95
211 445-064-00005
212 --
~ ITEM 66. 8" FLAT BLADE SCREWDRIVER $6.97 NO BID $10.06
~ 445-064-00006
215
~ ITEM 67: 12" FLAT BLADE SCREWDRIVER $9.87 NOBID $14.41
217 445-064-00007
-
218 .---
~ ITEM 68: 8" ADJUSTABLE WRENCH $8.45 NO BID NOBID
~ 445-091-00005
221 .-
222 ITEM 69: 10" ADJUSTABLE WRENCH $23.79 NOBID NO BID
em 445-091-00006
~ -
A B I C I D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
2
3"" "Offers from the vendors listed herein are the only offers
f.-."-
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
~ BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
....!. VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
9 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
10 MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
11 CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
12 TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
~ ITEM 70: 12" ADJUSTABLE WRENCH $14.35 NOBID NO BID
~ 445-091-00007
227
~ ITEM 71: 14 X 20MM X 1/8 DUCTILE IRON $11.64 NOBID NO BID
~ HIGH SPEED CUT OFF WHEEL
~ 445-009-00007
231
~ ITEM 72:14 X20MM X 1/8" ASPHALT $7.68 NOBID NOBID
~ HIGH SPEED CUT OFF WHEEL
~ 445-009-00010
235
236 ITEM 73: 16 X 20MM X 1/8 CONCRETE $11.59 NOBID NOBID
237 HIGH SPEED CUT OFF WHEEL
238 445-009-00012
239
240 ITEM 74: CONCRETE RAKE $42.72 NO BID NOBID
241 445-043-00003
242
243
~ ITEM 75: AAA BATTERIES $0.45 $0.25 NO BID
245 445-026-00001 Ray-o-Vac
246
~ ITEM 76: AA BATTERIES $0.36 $0.24 NO BID
~ 445-026-00002 Ray-o-Vac
249
~ ITEM 77: C BATTERIES $1.17 $0.45 NO BID
251 445-026-00003 Ray-o-Vac
252
~ ITEM 78: D BATTERIES $0.69 $0.68 NO BID
~ 445-026-00004 Ray-o-Vac
255
A I B I C I D
~ ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
-
2 "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
~ COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation.
J... BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
~ 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
~ MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD,OH 44901
~ CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
~ TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
~ ITEM 79: 9-VOLT BATTERIES $1.09 $0.89 NOBID
~ 445-026-00005 Ray-a-Vac
258
~ ITEM 80: 6-VOL T BATTERIES $1.62 $1.79 NOBID
~ 445-026-00006 Ray-o-Vac
261
~ ITEM 81: #392 BATTERIES $1.07 NO BID NOBID
~ 445-026-00007
264
~ ITEM 82: FIRE BATTERIES $2.34 $0.69 NOBID
~ 445-026-00008 Ray-o-Vac
267
~ ITEM 83: CR 123A 3 VOLT BATTERY $8.22 NOBID NOBID
~ 445-026-00010
270
271
~ ITEM 84: LEAF RAKE $18.84 NOBID NO BID
]]] 445-043-00001
274
E2 ITEM 85: GARDEN RAKE $33.60 NOBID NO BID
~ 445-043-00002
277
11!} ITEM 86: TRENCHING SHOVEL $32.98 NO BID NOBID
JJ!E 445-061-00005
280 -
~ ITEM 87: PITCH FOHK $48.75 NO BID NO BID
~ 445-061-00004
283 -
A I B C I D
~ ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2-
..1- "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
...&.. BID # 016-1412-09/CJD if any, are hereby rejected as late"
7
~ VENDORS O.T. TRANS. INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
~ 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
10 MELBOURNE. FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
11 CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
12 TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
284 ITEM 88: TRANSPLANTING TROWEL $9.88 NO BID NOBID
285 445-061-00006
286
~ ITEM 89: SQUARE POINT SHOVEL $23.71 NO BID NO BID
288 445-061-00007
289
~ ITEM 90: ROUND POINT SHOVEL $50.58 NOBID NO BID
~ 445-061-00008
292
~ ITEM 91: 3/4" 50FT GARDEN HOSE $31.70 NOBID NO BID
~ 445-073-00001
295
~ ITEM 92: 5/8" X 50 FT. GARDEN HOSE $23.57 NO BID NOBID
~ 445-073-00002
298
~ ITEM 93: 3/4" GARDEN HOSE NOZZLE $11.08 NOBID NO BID
~ 445-076-00001
301
~ ITEM 94: LOOPING SHEARS $27.91 NO BID NO BID
~ 445-070-0001
304
305
~ ITEM 95: CLEAR SEALING TAPE $1.92 $0.99 NOBID
~ 445-088-00001 SEE NOTATIONS
308
~ ITEM 96: DUCT TAPE $8.67 $2.89 NO BID
~ 445-088-00002
311
A B C D
-
~ ANNUAL CONTRACT FOR HARDWARE SUPPLIES
2
-
..2. "Offers from the vendors listed herein are the only offers
-i.. COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solicitation,
...2..- BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
...!. VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
9 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
10 MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
~
..!.1.. CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
.,g TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
~ ITEM 97: 1 1/2" MASKING TAPE $3.35 $1.79 NOBID
~ 445-088-00004
314
~ ITEM 98: 2" MASKING TAPE $2.75 $1.92 NOBID
316 445-088-00005
317
~ ITEM 99 MASTER LOCK $8.98 NOBID NO BID
~ 445-079-00002
320
~ ITEM 100: PADLOCKED KEYED ALIKE $11.91 NOBID NOBID
~ 445-079-00003
323 -
_u'_'___,_."_ $8.41
~ ITEM 101: PADLOCKED KEYED SEPARATE NOBID NOBID
~ 445-079-00004
326 ._. "
~ ITEM 102: PADLOCK KEYED ALIKE #7707 $10.21 NO BID NOBID
~ 445-079-00005
329 ~---_.
~ ITEM 103: BRASS PADLOCK KEYED $14.72 NOBID NO BID
~ ALIKE #2431
~ 445-079-00006
333
~ ITEM 104: COMBINATION PADLOCK $20.07 NOBID NOBID
~ 445-079-00007
336
~ ITEM 105: STORM WATER MASTER LOCK $24.62 NOBID NO BID
~ 445-079-00008
339 -'-~ ------
~ ITEM 106: MASTER LOCK # 10G012 $21.18 NOBID NO BID
341 445-079-00009
- ._---
A B C I D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
t--
2...
..l.... "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solic~ation.
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
9 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
10 MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
....:.::..
~ CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
-E- TELEPHONE: 888-796-5854 TELEPHQNE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
342
~ ITEM 107: TRIMMER LINE $10.21 NOBID NO BID
344 445-008-00002
345
~ ITEM 108: 2 CYCLE OIL $1.91 NO BID NOBID
~ 445-008-00005
348
349 ITEM 109: WD 40 $4.48 NO BID NOBID
350 445-008-00006
351
~ ITEM #110: 32 " ARCOA EZ-REACHER $15.40 NOBID NO BID
~ 445-008-00014
354
355 ITEM 111: 40" ARCOA EZ-REACHER $17.60 NOBID NO BID
356 445-008-00015
357
~ ITEM 112: COMMERCIAL SPRAYER $32.78 NOBID NOBID
~ 445-008-00016
360
~ ITEM 113: TANAKA EDGER BLADE $5.79 NO BID NO BID
~ 445-009-00008
363
~ ITEM 114: STICK EDGER BLADE $2.09 NO BID NO BID
365 445-009-00009
366
~ ITEM 115: BUNGEE CORDS $3.74 NO BID NOBID
~ 445-021-00001
369
A I B I C I D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
2-
-1- "Offers from the vendors listed herein are the only offers
~ COMPUTER TABULATION DATE: DECEMBER 16,2008 received timely as of the above receiving date and time.
-2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solic~ation.
~ BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
~ 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
..1Q.. MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD, OH 44901
...!!. CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
~ TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
.RQ ITEM 116: BUNGEE CORDS $4.16 NO BID NOBID
E..1 445-021-00002
372
~ ITEM 117: BUNGEE CORDS $5.79 NOBID NOBID
~ 445-021-00003
375
E2 ITEM 118: 8" BLACK WIRE TIES $0.95 NOBID NOBID
EJ.. 445-049-00001
378
~ ITEM 119: 11" BLACK WIRE TIES $13.37 NO BID NOBID
~ 445-049-00002
381
~ ITEM 120: 15" BLACK WIRE TIES $7.79 NO BID NOBID
~ 445-049-00003
384
~ ITEM 121 2 GALLON WATER COOLER $2950 NO BID NOBID
~ 445-090-00001
387
~ ITEM 122: 3-GALLON WATER COOLER $37.80 NO BID NOBID
~ 445-090-00002
390
~ ITEM 123: 5-GALLON WATER COOLER $42.88 NO BID NOBID
~ 445-090-00003
393
~ ITEM 124: CONE CUPS $9.17 NOBID NOBID
~ 445-090-0004
396 -- -...------ - - -- 1-------_. --
~ ITEM 125: STYROFOAM CUPS $0 0790 NO BID NO BID
~ 445-090-00005
399
A I B C D
1 ANNUAL CONTRACT FOR HARDWARE SUPPLIES
-
f "Offers from the vendors listed herein are the only offers
-...!.. COMPUTER TABULATION DATE: DECEMBER 16, 2008 received timely as of the above receiving date and time.
2- COMPUTER TABULATION TIME: 8:30 A.M. All other offers submitted in response to this solic~ation,
..2.... BID # 016-1412-09/CJD if any. are hereby rejected as late"
7
~ VENDORS O.T. TRANS, INC. PYRAMID SCHOOL PRODUCTS BRODHEAD GARRETT
9 201 S. BABCOCK ST. 6510 NORTH 54TH STREET P.O. BOX 8101
f-1Q MELBOURNE, FL 32901 TAMPA, FL 33610-1908 MANSFIELD,OH 44901
f-:1t CONTACT: ROBIN BOZZA CONTACT: KENNETH MILLER CONTACT: SCOTT KURTZMAN
~
~ TELEPHONE: 888-796-5854 TELEPHONE: 800-792-2644 TELEPHONE: 800-321-6730
13 FAX: 321-259-4828 FAX: 813-621-7688 FAX: 800-232-8776
~ ITEM 126: CONE CUP DISPENSER $21.61 NO BID NO BID
~ 445-090-00006
402
~ ITEM 127: SURGE PROTECTOR $17.75 $6.99 NO BID
~ 285-054-00003
405
~ ITEM 128: OUTDOOR EXTENSION CORD $20.72 $20.95 $29.77
iQZ 285-054-00002
408
~ ITEM 129: INDOOR OFFICE EXT. CORD $12.32 NOBID NOBID
.i!.Q 285-054-00001
411
~ CALENDAR DAYS FOR DELIVERY 5-7 7-10 10-45
413
414 CATALOG PERCENT OFF 1% N/A 10%
415
~ ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES/NOTARY EXPIRED YES
417
i!!! CONFIRMATION OF MINORITY OWNED YES/A MINORITY OWNED YES/NOT AMINORITY OWNED YES/NOT A MINORITY OWNED
~ BUSINESS SUBMITTED BUSINESS CERTIFIED BUSINESS BUSINESS
420
~ CONFIRMATION OF A DRUG FREE YES YES YES
~ WORKPLACE SUBMITTED
423
~ COMMENTS
425 .SEE NOTATIONS
~ CATALOG ENCLOSED
427
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
VENDORS SOUTHERN STAR FASTENERS. CO. INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH. FL 33467 WEST PALM BEACH. FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
FAX: 561-966-6525 I FAX: 561-842-8252
ITEM 1: CONCRETE MIX NO BID NO BID
445-003-00001
ITEM 2: SAND MIX NOBID NOBID
445-003-00002
ITEM 3: WTE ALL PURPOSE CAULKING $1.57 $253
445-006-00030
ITEM 4: WHITE OIL BASE CAULKING. $2.49 NO BID
445-006-00031
------ --
ITEM 5: CAULKING GUN $2.44 $3.73
445-006-00033
- NO BID NO BID
ITEM 6: MARINE ADHESIVE
445-006-00034
ITEM 7: 3/8" NYLON ROPE $132.50 $48.00
445-085-00001
- $20.31 -..
ITEM 8: 1/4" NYLON ROPE $69.80
445-085-00002
~~--~~ _._ _ _ _ ...1--... --
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late'
VENDORS SOUTHERN STAR FASTENERS. CO.. INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 9: 4' X 8" x 5/8" PLYWOOD NO BID NO BID
445-079-00001
ITEM#10: DOOR STOP FOLD DOWN NO BID NO BID
445-008-00003
ITEM 11: PLASTIC SHEETING $36.45 NO BID
445-008-00007
ITEM 12: 1 1/2" PAINT BRUSH $3.25 $0.98
445-030-00001
ITEM 13: 2" PAINT BRUSH $4.19 $1.10
445-030-00002
ITEM 14: 3" PAINT BRUSH $4.49 $1.90
445-030-00003
ITEM 15: 4" PAINT BRUSH $11.40 $2.61
445-030-00004
ITEM 16: 9" ROLLER FRAMES $2.78 $1.25
445-030-00005
ITEM 17: 9" ROUGH ROLLER $2.67 $2.70
445-030-00008
ITEM 18: 9" SEMI-SMOOTH ROLLER $2.19 $2.49
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER lABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any, are hereby rejected as late"
VENDORS - WORLD ELECTRIC SUPPLY
SOUTHERN STAR FASTENERS. CO., INC.
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH. FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
445-030-00009
ITEM 19: 9" SMOOTH ROLLER $2.24 $2.46
445-030-00010
ITEM 20: ROLLER TRAY $3.69 $2.49
445-030-00013
ITEM 21: ROLLER TRAY LINER NOBID $0.63
445-030-00014
.--- .- NO BID --
ITEM 22: PAINT BUCKET $3.98
445-030-00015
_.- NO BID NO BID
ITEM 23: PAINT STRAINERS
445-030-00017
ITEM 24: BLUE MARKING PAINT NO BID NO BID
445-032-00001
ITEM 25: GREEN MARKING PAINT NO BID NOBID
445-032-00002
ITEM 26' FLOURESCENT ORANGE PAINT NO BID NO BID
445-032-00003
- --
ITEM 27: WHITE MARKING PAINT NO BID NO BID
445-032-00004
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS SOUTHERN STAR FASTENERS. CO.. INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 28: RED MARKING PAINT NOBID NO BID
445-032-00009
ITEM 29: GLOSS BLACK SPRAY PAINT $1.94 NO BID
445-032-00006
ITEM 30: WHITE SPRAY PAINT $1.94 NO BID
445-032-00007
ITEM 31 FLAT BLACK SPRAY PAINT $1.94 NO BID
445-032-00005
ITEM 32: YELLOW TRAFFIC PAINT NO BID NO BID
445-035-00001
ITEM 33: WHITE TRAFFIC PAINT NO BID NO BID
445-035-00002
ITEM 34: BLACK TRAFFIC PAINT NO BID NOBID
445-035-00003
ITEM 35: RED FIRE HYDRANT PAINT NO BID NO BID
445-032-00010
ITEM 36: WHITE PAINT (5 gallon pail) NOBID NO BID
445-032-00011
ITEM 37: PURPLE MARKING PAINT NO BID $2.89
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any, are hereby rejected as late"
VENDORS SOUTHERN STAR FASTENERS. CO, INC. WORLD ELECTRIC SUPPl.Y
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407.1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
445-032-00012
ITEM 38: 10" X 18T HACKSAW BLADE NO BID NOBID
445-009-00001
ITEM 39: 10" X 24T HACKSAW BLADE NO BID NO BID
445-009-00002
--
ITEM 4012" X 18T HACKSAW BLADE NO BID NO BID
445-009-00003
$14.19 ---. $6.32 .--
ITEM 41: 14" X 3/16 X 1 CONCRETE BLADES
445-009-00004
ITEM 42: 12" X 1/8 X 20 CONCRETE BLADES $7.54 $3.47
445-009-00005
.. $5.61
ITEM 43: 14" X 1/8 X20 CONCRETE BLADES $1194
445-009-00006
~---~ --
ITEM 44: 2" PUTTY KNIFE $3.74 NO BID
445-012-00001
ITEM 45: UTILITY KNIFE $2.69 $5.16
445-012-00002
ITEM 46: UTILITY KNIFE BLADES NOBID $24.60
445-012-00003
NO BID NOBID '-- ----.- .-----.----
ITEM 47: BALL PEEN HAMMER
445-038-00001
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS SOUTHERN STAR FASTENERS, CO., INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 48: CLAW HAMMER NO BID NO BID
445-038-00002
ITEM 49: ENGINEER HAMMER NO BID NO BID
445-038-00003
ITEM 50: 1/2" X 100 FT. MEASURING TAPE $14.96 NO BID
445-046-00004
ITEM 51: 3/4" X 12 FT. MEASURING TAPE $14.39 NO BID
445-046-00005
ITEM 52: 1" X 25 FT. MEASURING TAPE $15.97 NO BID
445-046-00006
ITEM 53: 8" SLIP JOINT PLIERS NO BID NO BID
445-052-00001
ITEM 54: 10" CHANNEL LOCK PLIERS NO BID $10.15
445-052-00002
ITEM 55: 12" CHANNEL LOCK PLIERS NOBID $11.32
445-052-00003
ITEM 56: 10" VISE GRIP PLIERS NOBID NO BID
445-052-00004
ITEM 57: HACKSAW FRAME NO BID NO BID
445-058-00002
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS SOUTHERN STAR FASTENERS, CO, ING. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 58: 6-VOL T FLASHLIGHT $22.44 NO BID
445-061-00001
ITEM 59: MAGUGHT FLASHLIGHT $24.97 NO BID
445-061-00003
ITEM 60: 2 CELL FLASHLIGHT $7.19 NO BID
445-061-00002
.- -"----
ITEM 61: 3" PHILLIPS SCREWDRIVER NO BID NO BID
445-064-00001
ITEM 62: 4" PHILLIPS SCREWDRIVER NO BID NO BID
445-064-00002
.-.--.--.---- NO BID NO BID
ITEM 63: 6" PHILLIPS SCREWDRIVER
445-064-00008
-_. NO BID
ITEM 64: 4" FLAT BLADE SCREWDRIVER NO BID
445-064-00004
ITEM 65: 6" FLAT BLADE SCREWDRIVER NO BID NO BID
445-064-00005
ITEM 66: 8" FLAT BLADE SCREWDRIVER NO BID NO BID
445-064-00006
ITEM 67: 12" FLAT BLADE SCREWDRIVER NO BID NO BID
445-064-00007
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late'
VENDORS SOUTHERN STAR FASTENERS, CO., INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 68: 8" ADJUSTABLE WRENCH NO BID NO BID
445-091-00005
ITEM 69: 10" ADJUSTABLE WRENCH NO BID NO BID
445-091-00006
ITEM 70: 12" ADJUSTABLE WRENCH NO BID NO BID
445-091-00007
ITEM 71: 14 X 20MM X 1/8 DUCTILE IRON $12.12 $5.61
HIGH SPEED CUT OFF WHEEL
445-009-00007
ITEM 72:14 X 20MM X 1/8" ASP HAL T $12.12 $6.32
HIGH SPEED CUT OFF WHEEL
445-009-00010
ITEM 73: 16 X 20MM X 1/8 CONCRETE NOBID NOBID
HIGH SPEED CUT OFF WHEEL
445-009-00012
ITEM 74: CONCRETE RAKE NO BID $23.50
445-043-00003
ITEM 75: AAA BATTERIES $0.4850 NO BID
445-026-00001
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response 10 this solicitation,
if any, are hereby rejected as late'
VENDORS - WORLD ELECTRIC SUPPLY
SOUTHERN STAR FASTENERS, CO, INC.
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 76: AA BATTERIES $0.4950 NOBID
445-026-00002
ITEM 77: C BATTERIES $0.9950 NO BID
445-026-00003
ITEM 78: D BATTERIES $0.9950 NO BID
445-026-00004
$1.59 .- NO BID
ITEM 79: 9-VOL T BATTERIES
445-026-00005
ITEM 80: 6-VOL T BATTERIES $3.94 NO BID
445-026-00006
$2.72 '-~ NO BID
ITEM 81: #392 BATTERIES
445-026-00007
ITEM 82: FIRE BATTERIES $2.87 NO BID
445-026-00008
ITEM 83: CR 123A 3 VOl.T BATTERY $3.97 NO BID
445-026-00010
ITEM 84: LEAF RAKE NO BID $6.83
445-043-00001
----- NO BID $23.67
ITEM 85: GARDEN RAKE
445-043-00002
---------- ----.--------
ITEM 86: TRENCHING SHOVEL $22.69 NOBID
445-061-00005
[ ----~------ .-
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
'Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS SOUTHERN STAR FASTENERS, CO., INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 87: PITCH FORK $27.88 $35.53
445-061-00004
ITEM 88: TRANSPLANTING TROWEL $3.68 $5.88
445-061-00006
ITEM 89: SQUARE POINT SHOVEL $9.76 $6.73
445-061-00007
ITEM 90: ROUND POINT SHOVEL $9.76 $6.73
445-061-00008
ITEM 91: 3/4" 50FT GARDEN HOSE $26.95 NO BID
445-073-00001
ITEM 92: 5/8" X 50 FT. GARDEN HOSE $28.48 NO BID
445-073-00002
ITEM 93: 3/4" GARDEN HOSE NOZZLE $4.87 NO BID
445-076-00001
ITEM 94: LOOPING SHEARS NOBID $7.89
445-070-0001
ITEM 95: CLEAR SEALING TAPE $1.39 NO BID
445-088-00001
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 AM.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS SOUTHERN STAR FASTENERS, CO.. INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH. FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 96: DUCT TAPE $3.94 NOBID
445-088-00002
ITEM 97: 11/2" MASKING TAPE $2.88 NOBID
445-088-00004
.. $3.78 NOBID
ITEM 98: 2" MASKING TAPE
445-088-00005
ITEM 99 MASTER LOCK NOBID $4.56
445-079-00002
.-. NOBID $6.14
ITEM 100: PADLOCKED KEYED ALIKE
445-079-00003
- $6.48 ---."-..-
ITEM 101: PADLOCKED KEYED SEPARATE NO BID
445-079-00004
iTEM 102: PADLOCK KEYED ALIKE #7707 NO BID $614
445-079-00005
ITEM 103 BRASS PADLOCK KEYED NO BID $8.23
ALIKE #2431
445-079-00006
ITEM 104: COMBINATION PADLOCK NO BID $12.60
445-079-00007
ITEM 105. STORM WA1ER MASTER LOCK NO BID $13.14
445-079-00008
-- -- -.-------.. --
ITEM 106: MASTER LOCf( # 10G012 NO BID $11.92
445-079-00009
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16,2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
'Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any, are hereby rejected as late'
VENDORS SOUTHERN STAR FASTENERS. CO" INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 107: TRIMMER LINE NOBID NO BID
445-008-00002
ITEM 108: 2 CYCLE OIL NO BID NO BID
445-008-00005
ITEM 109: WD 40 NO BID NO BID
445-008-00006
ITEM #110: 32" ARCOA EZ-REACHER NO BID NO BID
445-008-00014
ITEM 111: 40" ARCOA EZ-REACHER NO BID NO BID
445-008-00015
ITEM 112: COMMERCIAL SPRAYER NO BID NO BID
445-008-00016
ITEM 113: TANAKA EDGER BLADE NOBID NO BID
445-009-00008
ITEM 114: STICK EDGER BLADE NO BID NOBID
445-009-00009
ITEM 115: BUNGEE CORDS NO BID NO BID
445-021-00001
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS .~ WORLD ELECTRIC SUPPLY
SOUTHERN STAR FASTENERS, CO. INC.
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH. FL 33407~1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
ITEM 116: BUNGEE CORDS NO BID NO BID
445-021-00002
ITEM 117: BUNGEE CORDS NOBID NOBID
445-021-00003
ITEM 118: 8" BLACK WIRE TIES $2.72 NO BID
445-049-00001
~-_._-~._-_._-----_.~----
ITEM 119: 11" BLACK WIRE TIES $4.29 NO BID
445-049-00002
$609 -"_._- NO BID
ITEM 120: 15" BLACK WIRE TIES
445-049-00003
--_._--~--~ $33.42 $20.92 -'
ITEM 121 2 GALLON WATER COOLER
445-090-00001
.,-----_._.~ $39.89 ~- $27.32
ITEM 122: 3-GALLON WATER COOLER
445-090-00002
.--- $45.35 ~.._---~---- t--. $3205 --
ITEM 123: 5-GALLON WATER COOLER
445-090-00003
..- -
ITEM 124: CONE CUPS $1099 $425
445-090-0004
ITEM 125: STYROFOAM CUPS NO BID NO BID
445-090-00005
.-- --.-. ._""-,, ~_m_. ...._ ---..-...--......... .._~--~-------
ITEM 126: CONE CUP DISPENSER NO BID $1030
445-090-00006
----.-- . .. I---~ -~-~.._'- ---- '--'~-- I---
ITEM 127: SURGE PROTECTOR $19.85 NO BID
285-054-00003
-1--_._- . --.--..__....0 - 1---..- ..---.-
ITEM 128. OUTDOOR EXTENSION cur,o $27.65 $1621 I
1285-054-00002 +
l-----------..-.~--.-.----.~. ......-- ----- _._'-~- .. -"'1
liTEM 129: INDOOR OFFICE: EXT cor,o $9.65 NOBID
285-054-00001 i
ANNUAL CONTRACT FOR HARDWARE SUPPLIES
COMPUTER TABULATION DATE: DECEMBER 16, 2008
COMPUTER TABULATION TIME: 8:30 A.M.
BID # 016-1412-09/CJD
'Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late'
VENDORS SOUTHERN STAR FASTENERS, CO., INC. WORLD ELECTRIC SUPPLY
4400 HUNTING TRAIL 6780 WHITE DRIVE
LAKE WORTH, FL 33467 WEST PALM BEACH, FL 33407-1230
CONTACT: WILLIAM ERNST CONTACT: ALAN DISTEFANO
TELEPHONE: 561-635-7983 TELEPHONE: 561-842-8228
CALENDAR DAYS FOR DELIVERY 7 10
CATALOG PERCENT OFF 0% NIA
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES
CONFIRMATION OF MINORITY OWNED YES/A MINORITY OWNED INCOMPLETE
BUSINESS SUBMITTED BUSINESS
CONFIRMATION OF A DRUG FREE YES YES
WORKPLACE SUBMITTED
COMMENTS
'SEE NOTATIONS
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VI.-CONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fjnal Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16,2008 December 1, 2008 (Noon) [gI February 17, 2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 2008 (Noon) 0 March 3,2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19, 2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Admin istrati ve 0 New Business
AGENDA ITEM [gI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award the "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH, OCEANFRONT PARK LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE,
FLORIDA" RFQ# 015-2710-09/JA to B & J CATERING, INC., OF DELRAY BEACH, FLORIDA. Lease payments
provided to the City of Boynton Beach in the amount $500.00 per month.
EFFECTIVE DATE OF LEASE: February 18,2009 to February 17,2012
EXPLANATION: On December 16, 2008, Procurement Services opened and tabulated three (3) proposals for the
"THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH, OCEANFRONT PARK
LOCA TED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA. An evaluation committee was formed
and reviewed all proposals. The committee consisted of: Jody Rivers, Parks Superintendent, Wally Majors,
Recreation and Parks Director and Thomas Mahady, Ocean Rescue Chief. A numerical scoring system was utilized to
evaluate each proposal against requirements established in the RFQ (see attached). There were no current references
for Norman Lolonde, nor were there any breakfast items on his menu. Ultimate Catering's references were not
satisfactory. Therefore it was determined that B&J catering was the most responsive, responsible concessionaire that
met all criteria. '
B& J Catering currently has a temporary contract to operate the beach concession and the City is receiving positive
feedback. They are already equipped so there will be no interruption in service. This is especially important during
the tourist season.
The provisions of this bid award will allow for two (2) additional two (2) year extensions at the same terms,
conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in
the best interest of the City.
PROGRAM IMP ACT: The purpose of this RFQ was to seek qualifications from qualified Concessionaires interested
in operating the concession operations at the Boynton Beach Municipal Beach, Oceanfront Park.
FISCAL IMPACT: Agreement will generate revenue of $500.00 monthly for the City's General Fund.
ALTERNATIVES: Not to approve agreement and not provide concession services at the Oceanfront Park.
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Wally Majors - Recreation and Parks Director
Jody Rivers - Parks Superintendent
File
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C. Wally Majors - Recreation and Parks Director
Judy Rivers Parks Superintendent
File
I'
I:
. I
1 RESOLUTION R09- O:;j
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE A WARD OF THE THREE YEAR
7 LEASE FOR CONCESSION OPERATIONS AT
8 BOYNTON BEACH OCEANFRONT PARK, RFQ
9 #015-2710-09/JA TO B & J CATERING, INC. OF
10 DELRAY BEACH, FLORIDA; AUTHORIZING AND
11 DIRECTING THE CITY MANAGER AND CITY
12 CLERK TO EXECUTE A LEASE AGREEMENT
13 BETWEEN THE CITY OF BOYNTON BEACH,
14 FLORIDA AND B & J CATERING, INC.,
15 PROVIDING FOR CONCESSIONS OPERATIONS
16 AT OCEANFRONT PARK; AND PROVIDING AN
17 EFFECTIVE DATE.
18
19 WHEREAS, on December 16, 2008, Procurement Services opened and tabulated
20 three (3) proposals; and
21 WHEREAS, after review and evaluation it has been determined appropriate by staff
22 to recommend award of a three-year Lease for Concession Operations at Oceanfront Park to
23 B & J Catering, Inc., of Delray Beach, Florida whose RFQ was overall responsive and
24 responsible proposer that met all criteria; and
25 WHEREAS, upon recommendation of staff, the City Commission of the City of
26 Boynton Beach does hereby approve the award of the "Three Year Lease for Concession
27 Operations at Boynton Beach, Oceanfront Park" RFQ #015-2710-09/JA to B & J Catering,
28 Inc., and to authorize the City Manager and City Clerk to execute a Lease Agreement
29 between the City of Boynton Beach and B & J Catering, Inc.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
32
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption
1
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31 I
32
-.-.
.).)
34
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37
II
II
2
hereof
Section 2.
The City Commission of the City of Boynton Beach, Florida. hereby
3 approves the award of the "Three Year Lease for Concession Operations at Boynton Beach.
4 Oceanfront Park" RFQ #015-271 0-09/JA to B & J Catering, Inc.
5
Section 3.
The City Commission of the City of Boynton Beach, Florida does
6 hereby authorize and direct the City Manager and City Clerk to execute a three-year Lease
7 Agreement between the City of Boynton Beach and B & J. Catering, Inc.. a copy of said
8 lease being attached hereto as Exhibit "A".
Section 4.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this
day of February, 2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S'\CA\RESO\Agreements-Bid Awards\Concession at Oceanfront Park (Ellies Catering)2009 doc
,
Appendix "B"
"RE-BID FOR A THREE-YEAR LEASE AGREEMENT
CONCESSION OPERATIONS AT BOYNTON BEACH
MUNICIPAL BEACH. OCEANFRONT PARK"
LOCATED AT
6415 N. OCEAN BOULEVARD. OCEAN RIDGE. FLORIDA
("-' (i /' .0 I
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THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and B&J CATERING. INC. hereinafter referred to as "the Concessionaire", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform the
concession operations in connection with the project designated "THREE-YEAR LEASE FOR
CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH.
OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN BOULEVARD. OCEAN
RIDGE. FLORIDA
2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified in Exhibit
"B" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to Concessionaire a portion of the
designated City facility located at the Boynton Beach Municipal Park and more particularly
described as "the concession building, located on the central boardwalk within Oceanfront Park,
is a wooden structure of approximately 260 square feet. The structure is designated as the "snack
bar", and is owned by the City of Boynton Beach, Florida and operated for the selling of food
and beverages for beach patrons."
4. TERM OF LEASE. Work under this contract shall commence upon the giving of written
notice by the City to the Concessionaire to proceed. This lease agreement shall be in force for a
period of three (3) years, unless sooner terminated as provided in Section 14, Termination. This
lease shall be effective Februarv 18. 2009.
S. PAYMENT. The Concessionaire shall pay the City a sum of$ 500.00 each month for the
first twenty-four months ofthe lease agreement. Subsequent payments each month shall be
based on Exhibit 'B' attached hereto, a lease payment schedule based on proposal from
Concessionaire dated December 16. 2008.
a. Said payment shall be made and received by the City on or before the 151 day of each and
every month. A late fee of 15% will be charged for payments received after the Sth day of each
month. Any monthly payment not received by the 25th day of each month shall be subject to a
15% late fee and shall be grounds for termination of contract.
b. Concessionaire will keep accurate records of all sales and receipts through the use of
electronic cash registers, which provide daily tapes and reports. The Concessionaire will prepare
a monthly report to the City and attach copies of the daily tapes of each report. The City will
have the right to inspect the books, records and inventories ofthe Concessionaire at any
reasonable time. Monthly reports shall be due on the l5t day of each month to the Recreation
Director.
CA-l
reasonable time. Monthly reports shall be due on the 1 Sl day of each month to the Recreatloll
Director.
c. Final payment of any balance due the City of the total contract price will be made prompt] y
upon its ascertainment and verification by the City after the completion of concession services
under this agreement and its acceptance by the City.
d. Security deposit of $1 ,000.00 made by Concessionaire at time of award will be returned to
Concessionaire at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition. as
determined by the Recreation Director.
e. The Concessionaire's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3) years
after final payments. Copies shall be made available upon request.
6. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services
contemplated by this service agreement, faithfully observe and comply with all federal, state and
local laws, ordinances and regulations that are applicable to the services to be rendered under tllis
agreement.
7. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability, or anv
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Concessionaire's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Concessionaire.
8. INSURANCE. The Concessionaire shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the
Concessionaire is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither Concessionaire nor any employee of
Concessionaire shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
Concessionaire, or any employee of Concessionaire.
CA-2
10. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has
not employed or retained any company or person, other than a bonafide employee working solely
for the Concessionaire, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Concessionaire,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this agreement
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
11. DISCRIMINATION PROHIBITED. THE CONCESSIONAIRE, WITH REGARD
TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT
DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR
SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR
PROCUREMENT OF MATERIALS OR SUPPLIES.
12. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered
by this agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION
a. The City reserves the right to terminate this agreement at any time by giving thirty (10)
days written notice to the Concessionaire.
b. In the event of the death of a member, partner or officer of the Concessionaire, or any
of its supervisory personnel assigned to the project, the surviving members of the
Concessionaire hereby agree to complete the work under the terms of this agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations of
this agreement between surviving members of the Concessionaire and the City, if the
City so chooses.
c. This lease agreement may be terminated immediately for default of monthly payment
as stated in Section 4, "Term of Lease".
d. This lease agreement may, at the option of the City, be terminated immediately if the
Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit
of creditors or be convicted of a crime or any other similar gross misconduct.
CA-3
1:" RENEWAL. The lease agreement has an optIon to renew the contract for t\\O 12! addlll\l!i,'
two (2) year periods as stated in original proposal submitted, subject to vendor acceptanl'C.
satisfactory performance and detennmation that renewal will be m the best mterest 01
City
16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall he
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Wally Majors, Recreation Director
Notices to Concessionaire shall be sent to the following address:
B & ] Catering, Inc.
2410 N. Federal Highway
Delray Beach, Fl 33483
Attn: James Guilbeault
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Concessionaire and
supersedes all prior negotiations, representations, or agreements written or oraL ThIS
agreement may be amended only by written instrument signed by both City and
Concessionaire.
CA-4
DATED this _ day of
,20_.
CITY OF BOYNTON BEACH
City Manager
Attest! Authenticated:
City Clerk
Approved as to Form:
Office of the City Attorney
Rev. 1/22/91
Concessionaire
Title
(Corporate Seal)
Attest/Authenticated:
Secretary
CA-5
EXHIBIT "8"
B. SCOPE OF SERVICES
Concessionaire:
1. Concessionaire shall propose a monthly lease payment to the City for the three years. Upon
renewal of the lease payment will be negotiable.
2. Concessionaire shall submit a sample written menu with proposal to include the brand name
of the product being offered and a detailed description of the item.
3. Concessionaire shall provide all working capital, operating equipment, and inventory
necessary to effectively manage the concession.
4. Concessionaire shall be responsible for full payment of all utility bills related to the
Concessionaire's operation. These utilities include, but are not limited to electric, water and
sewer services, sanitation, and gas. From past experience the average electnc bill is
$300.00/month. The average water and sewer bill is $270.00/month.
5. The City reserves the right, or any organization granted powers as their agent, to sell food
and beverages for special community event programs of short duration as scheduled by the
City. A short duration is defined as one (1) to three (3) days.
6. The City shall not operate any competing concessions at Oceanfront Park without the
Concessionaire's approval, or without the Concessionaire having the first option as to
additional operations.
7. The Concessionaire will sell food and beverages as allowed by the Town of Ocean Ridge
variances granted to the City of Boynton Beach for the exclusive use by residents and visitors
to the Municipal Beach at Oceanfront Park.
8. Concessionaire may offer non-consumables for sale. Non-consumables may include, but arc
not limited to sunscreen, tanning lotions, and beach toys; however, the City of Boynton
reserves the right to have the final approval of such items. No alcohol or tobacco products
shall be offered for sale.
9. City may request Concessionaire to offer the sale oft-shirts, beach towels, and boxer shorts
fashioned with the City logo. These items will be inventoried by the City and all proceeds
from their sale will be paid to the City in addition to the monthly lease payment.
10. City shall not be responsible for any goods or equipment stored at the concession nor
will it be responsible for damage resulting from a power failure, flood, fire, theft. vandalism.
explosion and/or other causes.
11. The City reserves the right to inspect premises at any time.
12. The Concessionaire shall keep accurate records of all sales and receipts through the use of
electronic cash registers which provide daily tapes and reports. The Concessionaire will
prepare a monthly report to the City and attach copies of the daily tapes of each report; rep0I1
CA. 6
will be due the 5th of each month although the lease payment is due the 1 st of each month.
The City shall have the right to inspect the books, records and inventories of the
Concessionaire at any reasonable time.
13. At time of award, the Concessionaire shall file with Recreation Director, a $1,000 security
deposit, refundable at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition,
as determined by the Recreation Director.
Food Products:
1. All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept for sale,
shall be of FIRST QUALITY and conform in all respects to the federal, state, and municipal
food and other laws, ordinances, and regulations.
2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and all products
kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable
products shall not be sold at any time.
3. Concessionaire shall utilize Branded Products (i.e. Barney's Coffee, Pepsi, Coca Cola, etc.).
4. The Concessionaire will be responsible for the purchase, inventory and security of all food
products offered for sale in the concession.
5. The Concessionaire shall arrange for the delivery of supplies used at the concession site at
times and in a manner so that such deliveries do not create congestion or undue interference
with regular operation and maintenance of the site.
CA-7
h. Items sold by the Concessionaire are restricted by the Town of Ocean Ridge as fo]]oyvs'
Deep fat frying is not permitted:
· Hot dogs (grilled)
· Condiments for hot dogs
· Prepackaged sandwiches
· Prepackaged potato chips, peanuts, etc.
· Candy
· Hamburgers (grilled)
· Condiments for hamburgers
· Prepackaged bakery goods
· Ice cream, ice cream bars, and other dairy products
· Soft drinks, coffee, and tea
7. City shall reserve the right to "taste test" all menu items to ensure quality.
8. City shall have the final approval on what menu items are used. Approval will not be
unreasonably withheld.
9. The Concessionaire will be responsible for pest control.
Equipment:
1. The Concessionaire will use all its own concession equipment that is approved by the
appropriate governing agency. Equipment may include, but is not limited to refrigeration.
microwave oven, and/or toaster oven.
2. All concession sales will utilize disposable plates, cups and cutlery.
Sign age/ Advertising:
1. Signs, advertising materials, posters, and other such material used by the Concessionaire shall
be subject to the approval of the City Manager.
Hours and Dates of Operations:
1. The Concessionaire shall be open for operations seven (7) days per week with the following
schedule: 8:00 a.m. to 5:00 p.m. with the option to expand hours to include 7:00 a.m. to 8:00
p.m. Expanded hours are at the discretion ofthe Concessionaire. Total available hours are
subject to the regulations of the Town of Ocean Ridge. Exact time of opening and closing
may have seasonal variations if approved by the City.
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Concession Personnel:
1. The Concessionaire will provide, supervise, and compensate all concession employees. The
staff will be employees ofthe Concessionaire, not the City. The Concessionaire shall at all
times be an independent contractor and the agreement shall not in any way create or form a
partnership or joint venture with the City. No agent, servant, or employee ofthe
Concessionaire shall under any circumstances be deemed an agent, servant, or employee of
the City.
2. Concessionaire must conduct regularly scheduled training sessions throughout the year, as
approved by the City, for all personnel. At a minimum, the training will consist of Customer
Service skills training. Documentation of training shall be sent to the Parks Superintendent.
3. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited
inside the concession buildings.
4. Concessionaire's staff shall be at all times neatly and cleanly dressed.
5. Vendor shall provide a list of employees to the city and provide proof that employer has
conducted a background check with the State of Florida Department of Law Enforcement
and the results of the background check for each employee who will be working at the
concession stand. City shall retain the right to prohibit an employee from working at the
concession stand based on the results ofthe background check.
6. Concessionaire shall employ only competent personnel to perform concession services. In
the event the City, in its sole discretion, at any time during the term of this lease agreement,
desires the removal of any person or persons employed by Concessionaire to perform
concession services pursuant to this lease agreement, Concessionaire shall remove any such
person immediately upon receiving notice from the City of the desire of the City for the
removal of such person or persons.
7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS' s) for all of the
products used in the performance of the contract on the premises. The MSDS's shall be
accessible to the Concessionaire's employees and to City employees for the purpose of
reference with regard to toxic and hazardous properties, precautions to take and what to do in
case of an emergency.
Sanitation:
1. Concessionaire will be responsible for bringing their trash and garbage to the designated
dumpster or recycling areas.
2. The Concessionaire shall make every effort to assist the City in keeping the area free from
debris a..l1d litter.
3. Concessionaire is responsible for complying with all recycling rules, regulations, and laws of
the City and/or appropriate governmental bodies.
CA-9
Term of Contract:
1. The lease agreement shall be for a period of three (3) years with an option to renew for 1m 1
(2) additional two (2) year periods as stated in original proposal submitted, subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City.
2. Monthly payment to City shall be due the first (1 st) of each month. i\ny monthly payment not
received by the 5th of the month shall be subject to a 15% late fee. Any monthly payment not
received by the 25th of the month shall be subject to a 15% late fee and shall be grounds for
termination of contract.
3. The City reserves the right to terminate lease agreement thirty (30) days after delivery of
written notice of such termination and reason(s) for the lease termination.
4. This lease agreement may, at the optIOn of the City, be terminated immediately If the
Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of
creditors or be convicted of a crime or any other similar gross misconduct.
CA- 10
RECREATION & PARKS DEPARTMENT
MEMORANDUM 09-03
TO:
Carol Doppler, Purchasing Agent
J ody Rivers, Parks Superintendent )(\/
January 21,2009 U y
\ {~t-~: L.GCS
~
FROM:
DATE:
SUBJECT:
Beach Concessionaire Recommendation
The city received three (3) proposals from the following:
. Norman Lalonde
. Ultimate Catering, LLC
. B & J Cate;;ing (Elli0'g CateriRg)
me .
A review team made up of Wally Majors, Director of Recreation and Parks, Thomas Mahady, Ocean Rescue
Chief and Jody Rivers, Parks Superintendent reviewed the proposals and rated them on six (6) criteria:
. Experience
. Sample Menu - Food Selection
. Sample Menu - Pricing
. Ability to Furnish Necessary Equipment
. Five Current Business References
. Proposed Rent
Based on the review of these criteria, the review team determined the following:
. There were no current references on Norman Lalonde
. Ultimate Catering's references were not satisfactory
. B & J Catering's references were as high as could be scored
· The sample menus for Normal Lalonde and Ultimate Catering did not include any breakfast items
. The sample menu for B & J Catering was well rounded
· B & J Catering currently has a temporary contract to operate the beach concession and the City is
receiving positive feedback. They are already equipped so there will be no interruption in service. This
is especially important during the tourist season.
For these reasons, it is recommended that B & J Catering be awarded the beach concession. The rating matrix is
attached for your review.
If you need further information, please let me know. Thank you for your assistance.
JR/
.tachment
OCEANFRONT PARK
SNACK BAR CONCESSIONNAIRE
RATING MATRIX
<U
C
-
C)
c:
1Il ';:
.... Q) 1Il
c:
'0 .... ...
Q) Q) C1:l Q)
Q. 't:l .... U :;:
C1:l
ia c: E ..., Q)
.... ..2 E ~ .:;
CRITERIA 0 C1:l Q)
I- ...J ~ co 0:::
Experience 10 6 10 Mahady
10 6 10 Majors
10 6 10 Rivers
Subtotal 30 30 18 30
Sample Menu - Food Selection 3 3 5 Mahady
2 2 5 Majors
2 2 5 Rivers
Subtotal 15 7 7 15
Sample Menu - Pricing 4 4 5 Mahady
5 5 5 Majors
4 4 4 Rivers
Subtotal 15 13 13 14
Ability to Furnish Necessary 10 10 10 Mahady
Equipment 10 10 10 Majors
10 10 10 Rivers
Subtotal 30 30 30 30
Five Current Business 0 1 5 Mahady
References 0 0 5 Majors
0 2 5 Rivers
Subtotal 15 0 3 15
Proposed Price 6 10 8 Mahady
8 10 6 Maiors
8 10 6 Rivers
Subtotal 30 22 30 20
MAXIMUM POINTS 102 101 124
Rating 2 3 1
***'b~THE M~
~~'
Carol Doppler, CPP
RFQ DUE DATE: nECEMBER 16,2008
RFQ DUE TIME: 2:30 P.M.
RFQ # 015-2710-09/JA
- ~~
Wally gajors, irector of Recreation
THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK
LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
BIDDER WHO MEETS ALL SPECT~TCATIONS*****
and Parks
'>J:. ~ * '*- ";j;
VENDORS B & J CATERING, INC NORMAN LALONDE ULTIMA TE CATERING LLL
2410 N. FEDERAL HIGHWA Y 2508 E. DUDLEY #B 701 EAST COCO PLUM CIRCLE #6
DELRA Y BEACH, FL 33483 WEST PALM BEACH, FL 33415 PLANTATION, FL 33324
PH: (561) 276-7716 PH: (561) 642-6949 PH: (954) 588-1991
FAX: (561) 276-1799 FAX: (561) 964-0403 FAX: (954) 424-3232
ATTN: JAMES GUILBEAULT ATTN: NORMAN LALONDE ATTN: PETER TOROCSIK
ORIGINAL AND FOUR (4) COPIES
SUBMITTED ORIGINAL AND THREE COPIES ORIGINAL AND FOUR COPIES ORIGINAL AND FOUR COPIES
PROPOSAL PRICE $850.00 1ST YEAR $900.00 2ND YEAR
$500.00 MONTHLY $650.00 MONTHLY FOR $1,000.00 3RD YEAR $1,100.00 4TH YEAR
FIRST TWO YEARS $1,200.00 5TH YEAR
QUALIFIER'S ACKNOWLEDGEMENT
SUBMITTED YES YES YES
STATEMENT OF QUALIFICATIONS
SUBMITTED YES YES YES
ANTI-KICKBACK
SUBMITTED YES YES/NOT NOTORIZED YES
OR SIGNED
NON-COLLUSION AFFIDAVIT
OF PRIME PROPOSER YES YES/NOT NOTORIZED YES
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITTED YES/NOT A MINORITY NO YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS
CONFIRMA TION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON-BEACH MUNICIPAL BEACH
THREE Y~~AR LEASE FOR CONCESSiON OPERATiONS AT BOYNTON BEACH MUNiCiPAL BEACH, OCEANFRONT PARK
LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
RFQ DUE DATE: DECEMBER 16, 2008
RFQ DllE TIME: 2:30 P.M.
RFQ # 015-2710-09/JA
VENDORS
BIDDER'S SITE INSPECTION
CONFIRMA TION
SUBMITTED
SCHEDULE OF SUBCONTRACTORS
SUBMITTED
COMMENTS
B & J CATERING, INC
2410 N. FEDERAL HIGHWA Y
DELRA Y BEACH, FL 33483
PH: (561) 276-7716
FAX: (561) 276-1799
A TTN: JAMES GUlLBEAUL T
YES
YES/NA
NORMAN LALONDE
2508 E. DUDLEY #B
WEST PALM BEACH, FL 33415
PH: (561) 642-6949
FAX: (561) 964-0403
A TTN: NORMAN LALONDE
ULTIMA TE CATERING LLL
701 EAST COCO PLUM CIRCLE #6
PLANT A TION, FL 33324
PH: (954) 588- I 991
FAX: (954) 424-3232
ATTN: PETER TOROCSIK
YES
YES
YES/NA
Y ES/N A
REFERENCES SUBMITTED
MENU/PRICING SUBMITTED
EXPERIENCE LISTED
REFERENCES SUBMITTED
MENU SUBMITTED
i Ht;;Et: Yt:.I\k U:A~\:: i-Uk \.;UNC\:-:SSIUN UPERfl, ,0NS AT BOYNTON-REACH MlINICIF-'AL. BEACH
QUALIFIER ACKNOWLEDGEMENT
Submit RFQ's To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): November 10, 2008
RFQ Title: RE-BID FOR A"TWO- YEAR LEASE FOR CONCESSION
OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH,
OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN
BOULEVARD, OCEAN RIDGE, FLORIDA
RFQ Number: 015-2710-09/JA
RFQ Received By: DECEMBER 16, 2008 NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date
and time is scheduled for: DECEMBER 16, 2008 NO LATER THAN 2:30 P.M. (LOCAL
TIME) and may not be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFQ shall conform to applicable sections of the chart~rd
codes of the City. IDe., n
Name of V endor: 13 +.J 12 I'> -\;f. ,',,, ::, ~ Ill\) - C1J'e5 '-...,-- :..~
Federal LD. Number: :J..'cb- 7'f '-/ 77 J
A Corporation of the State of: f 1 or i ~ 01.,.,
City/State/Zip:
~ "-\ \ \)
De \ \ P\"'\
\
Telephone Number: :J 7 b-
:A '76-
}:J. re4et\\\
b~'"
FAX Number:
771 Co
17'fc:r
\-\ \.c) ~
r t... s~ 1<6 ~
~i~a~
Name Typed
Area Code: 5 ~ 1
Area Code: 5 \0 1
Mailing Address;
Vendor Mailing Date:
17
TffiS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
ADD END A
RFQ TITLE:
CITY OF BOYNTON BEACH
FLORIDA
~.h 5hAc-J( '] tl r-
Flf;~1 CA1L..i"'5 i?fI-J (Ia:fer;~@
J J. ~ I b.- 0 g
QUALIFIER:
DATE SUBMITTED:
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach.
in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
--SC\~e,s C~S) / be~tL
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM
DATE
ADDENDUM
DATE
18
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
STATEMENT OF QUALIFICATIONS
Each qualifier proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each RFQ document. Failure to comply with this
instruction may be regarded as justification for rejecting the RFQ response.
* attach additional sheets giving the information
1.
Name of Qualifier:
:E". '
~IIC5
Co \e\'\..~ ~"'S Ca;kri~)nL.
;) '1.(C) 1\). fe~e~ ~ \ \\w~~ .
V~\ (' ~V\ ~c-'"' F\. 33'i~3
\
2.
Business Address:
3.
When Organized:
/9<35'
.J)~(f>1 ~\ FL
4.
Where Incorporated:
5. How many years have you been engaged in business under the present firm name?
~3
6. General character of work performed by your company.
CQ1e.ri:J -
po 04 <;e \" v; c..e..
7. Enclose evidence of possession of required licenses and/or business permits.
8.
Number of employees.
/0
9. Background and experience of principal members of your personnel, including officers. *
10. Bonding capacity.
11. Have you ever defaulted on a contract? If so, where and why?* N 0
--------
19
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
12. Experience in performance of work similar in importance to this project
Sfv/JJ( ~
'//11_
I
con~t t Name I Phone #
13+ _ Co.:teri.njJ ~Y)(.
~ eI LAte.//~ 2)'2 ~<;;776
~5 'l~ ~YlCp (Y
Project
$ Value
13. Contracts on hand. *
14. List all lawsuits (related to similar projects) or arbitration to which you have been a party
and which: * ..'-/'
IV(;~
1) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at:
this ~ day of \)~ 'o~
2006
By:
------
( ~ .
Name: ,)AI'1~j GVI'J b-cAv/ r
(printed or typed)
Title: (]t../tve/'
20
TIDS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
: SS
)
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or b an ncer of the corporation.
By:
Sworn and. subscribed before;;ftie
this I (;, day of V(l-<~,- d...P.J
, 20u:1
h.c YL-
NOTARY LIC, State ofFlonda
at Large
Printed Information:
~Y't'j ;- G <-Ii -lGv.r
NAME
() \N Vl- -t 17
-
TITLE
,"~~~~~~"~ Stephanie fl. Kahn
f~~rt&..t1co~ssion #DD432264
-;,"'.':'.~:~~ExpIres: MAY 22,2009
~~....~,
....",?,~.~,," www.AARoNNoTARY.com
11[t:~t:~nL .
COMPANY 4-
"OFFICIAL NOTARY SEAL" STAMP
21
TIDS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of Rev- ~d
County of Vo\vV\ en.:ti<..h...
:f ~f1e) Cs-"l"l beAv 11--
1) He is 0 (h ~.e./ of .
(Title)
has submitted the attached RFQ:
, being first duly sworn, deposes and says that:
J Cd-erl nj)lh ~ . I1P ..
<' , the qualifie?ffiat
(Name ofCorporati or Firm)
2) He is fully informed respecting the preparation and contents of the attached submittal and of
all pertinent circumstances respecting such submittal;
3) Said RFQ is genuine and is not a collusive or sham RFQ;
4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a
collusive or sham RFQ in connection with the Contract for which the attached RFQ has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other qualifier, firm or person to fix the price or prices in the attached RFQ or of any
other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ
price of any other qualifier, or to secure through anl; collusion, conspirac , connivance or
unlawful agreement any advantage against the C ( v/ (Local
Public Agency) or any person interested in the proposed Contract; a d
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of
its agents, representatives, owners, employees, or parties in interest, inc uding this affiant.
/-;:7 -----..
.~ -~J" ---..-~--
(Signed)
)"
(Title)
""
:.:>{~,-e..,r
Subscr~bed and sworn to rfore me ;
This 1L-- day of J//f...<v~'\_'/
My commission expires J/[p(/\J 1
.. :I' " I
(
"'.._~~
,20~ __~-(-~ ,_
).:;r.:) :l
,
..~\\\.~I~((/~ C4.^.......hn....~r\ Tl. ~ l~,....
.:-,...~~':'~.T~:~~'......-:. LilCpUal1H.': .u, _ :~!l
~'A~-c " DD"".j
~ ":': ';'. = .0rnrnlsslOD ;; ", '.: '::""T
-;:~. .?J=r:, Hn: '),) ')",.,1
':--?'. .~:: LxpiTe5. .VL"I.I __. _'.''-''7
~ /~ '... \)~.... '
......'4'If,~,~\'" W,,\'1\' ,AARO~N OTAJ"{Y,r:''Jm
22
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business?
~
N6
Yes
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES
NO
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
23
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE SUBMITTALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals which are equal with respect to price, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a submittal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie submittals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution..
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under submittal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~re
24
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
BIDDER'S SITE INSPECTION CONFIRMATION
Check One:
i:8J NON-MANDATORY
o MANDATORY
RFQ TITLE: RE-BID FOR A"TWO -YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH MUNICIPAL BEACH. OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN
BLVD. OCEAN RIDGE. FL.
RFQ NUMBER: 015-2710-09/JA
DATE:
as an authorized representative of:
(Name and Title of Representative)
(hereinafter called the bidder) located at
(Name of Company)
and that said
Company Address
bidder has visited the site of the work and has carefully examined the plans and specifications for said project and
checked them in detail before submitting his bid or proposal.
DATE OF INSPECTION
COMP ANY SIGNATUREITITLE
--
PRESENTATIVE
TURE FOR MANDATORY ONLY
25
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SCHICDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBEIWBE) PARTICIPATION
BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY
REASON.
RFQ TITLE: 'IRE-BID FOR A TWO.YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEAN.FRONT
PARK" LOCATEI> AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FLORIDA
RFQ #: 015-2710-09/JA
MAIN CONTRACTOR NAME:
*MINORITY TYPES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (specify)
NAME/ ADDRESS/ PHONE OF
SUBCONTRACTOR
TYPE OF WORK
TOBE
PERFORMED
STATUS
4 4
Yes No
MINORITY
TYPE
*( see key
below)
CERTIFIED
4 4
Yes No
DOLLAR
AMOUNT
'!o OF
rOTA I
o !rr-
u__l
u. __----+---_
\
t
I
I
26
11< YOlJ ARE NOT SUBMITl1Nl; A RESPONSE .FOR THIS PROJECT, PLEASE
COMPLETE FORM ANI> RETURN TO PROCUREMENT SERVICES
Proposal Review Score Sheet
Request for Qualifications
Firm Name:
Proposal Evaluation Criteria
Weight
*Rating
Weighted Rated
Experience 2 X
Sample Menu -Food Selections 1 X
Sample Menu - Pricing 1 X
Taste Testing 1 X
Ability to furnish all equipment necessary to operate concession as specified in RFQ
2 X
Successful Submittal of Five Current Business References
1 X
Proposed Price
2 X {J50a c/ f(/' H(jA.
/1ff)-U ~.{"1.-- CeiAt ~
fl1l!/Z V}~ Sc~ t fJo/)Vtf2
C t Y7 flm/'fj.t;-~ ofii... {6"'f"t.... a~L
f.> h- (?,~ ~Jf16't # C<J~~c-
~/VIYl'cA Ct.~~ (Je-/~ G~L
Maximum score possible is 50
*Rating
5 Excellent
4 Good
3 Acceptable
1-2 Poor
o Unacceptable
Committee Member
COMMENTS:
9
,,~
", 5 t--< J ;"! t'~', ~:i I
,_J ~ '-' u 0 1 -' : ...1.'
-_.~,.- ..- ._-~_... -
111"1 ,AlC. VOL1-..B eA':':'
E1L\.e s CAt:,er\ne;
OELl SANOW\CHES
GR\ll \TEMS
aOT DOG $3.00
c;alU ooG $4.00
~Asr ~DW1CJ:l $3.00
~^sr sANDW1CJ:l w/l"l-atn $4.00
1,"lJRt<B'f BREAst" 56.00
HANll!> sWISS 56.00
~co1U3 '[UNA 56.00
calc:t<SJ'1 sALAD 56.00
VEGG1E. wv.AP 56.00
SOUP & SALADS
PREsa ~61'l wrJ'UN^
OR CfllCKBN SA~D
(ilUWBt> C1ito<sN <::J'$sAll-
FSorrSJ\;}.A.J.)
soupot= "t1:'tEOJ\..Y
FlILl
$7.00
57.00
54.00
S3..()O
$9 ~(),.,.
SNACKS &. SlOES
NACliOS8t CfIBBSB
.Cf{IP'S
Cit't'olDY~S
. pOpSlCJ.,B
}(::sCfl;~ ~
5:2..99
$1.00
$1.00
$1..00
$2.$0
. .
~';;;;~~S'~~lWl"~""'~'"'' "-.
~.;;.:. . ''''''',,:...
SoDAc $~ C"'_
, .' .. '. """" 'j.."."
lce9~~~~ "'-.,~-~
G():e.pSe~~G
~~>'i<~ S1.s ~~_.'--,
.~...~
--- ~~ LUUa ~~:U~ Ellie~5 Caterin~
L-_ -
15612761799
p.2
BEACH CONSESSION INVENTORY
Metal Tables 2
Cash Register 1
Assorted Baskets for Display 7
Salad Bar 1
Coolers 2
Crock Pot 2
Coffee Maker 2
Coffee Warmer 2
large Metal Shelf 1
Pitchers 3
Hot Dog Cooker 1
Electric Grill 1
.~.".-r Yo .',
: .c 7'...,
\Q l_ -
, '.~.,'- ,...,.<
VI.-CONSENT AGENDA
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D December 16, 2008 December 1,2008 (Noon) ~
D January 6, 2009 December 15,2008 (Noon) D
D January 20, 2009 January 5, 2009 (Noon) D
D February 3, 2009 January 19,2009 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 17, 2009
February 2, 2009 (Noon)
March 3,2009
February 17,2009 (Noon)
March 17,2009
March 2, 2009 (Noon)
April 7, 2009
March 16,2009 (Noon)
o
\.0
C.-
)::>0
:z:
N
W
-0
:x
o
-
("')-..,1
:::'i-<
-(6)
n"
reo
f"'1,C)
~-J-<
~"':':w'
ui'~
o
0-'"
,,--
-,,(0
-rTt
~>
("')
:I:
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
.......
RECOMMENDATION: Motion to approve the Interlocal Agreement with the Solid Waste Authority for a Municipal
Recycling Program and the Delivery of Municipal Solid Waste to a Designated Facility.
EXPLANATION: Currently the City of Boynton Beach has two Interlocal Agreements with the Solid Waste
Authority. The Agreement for the Municipal Recycling Program expired on September 30, 2008. This Agreement
outlines details for the collection of source-separated recyclable material for residential and commercial collection and
allows the City to work in cooperation with the Authority to continue the municipal recycling program toward
achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida
Statutes.
The other Interlocal Agreement is for the Delivery of Municipal Solid Waste to a Designated Facility expiring in 2010
which provides agreement from the City to dispose of all solid waste and residential recyclables collected to a Solid
Waste Authority operated facility or Solid Waste Authority permitted facility.
For housekeeping purposes the Solid Waste Authority is combining the Interlocal Agreements into one document with
one expiration date effective on September 30, 2013 with an automatic renewal period of five (5) years upon mutual
agreement.
The Public Works Department and the Legal Department have reviewed the combined Agreement and concur with
the language change(s) in the Agreement. Upon approval please sign the three original Agreements (attached).
PROGRAM IMPACT: The recycling program and the delivery of solid waste program is not impacted by this new
agreement as most of the language has remained the same over a period of years. This is basically a housekeeping
item combining two Agreements in to one.
FISCAL IMPACT: Possible fiscal revenue impact could result in the event the Solid Waste Authority begins a
Commercial Recycling Revenue Share as outlined on Page 3, B.8. Revenue from this program is unknown at this
time.
ALTERNATIVES: Not to approve the Agreement and risk the benefits of the recycling program in conjunction with
the Solid Waste Authority and not being able to deliver municipal solid waste to a designated facility.
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RESOLUTION R09-l/_-t~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY FOR A MUNICIP AL
RECYCLING PROGRAM AND THE DELIVERY OF
MUNICIP AL SOLID WASTE TO A DESIGNATED
FACILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Of Boynton Beach currently has two Interlocal Agreements
including one for Municipal Recycling which expired on September 30, 2008 and one for
the Delivery of Municipal Solid Waste which expires in 2010 with the Solid Waste
15 Authority of Palm Beach County, and;
16 WHEREAS, for housekeeping purposes the Solid Waste Authority is combining
17 the Interlocal Agreements into one document with one expiration date effective September
18 30,2013 with an automatic renewal period of five (5) years upon mutual agreement; and
19 WHEREAS, upon the recommendation of staff, the City Commission hereby
20 approves and authorizes the execution of the Interlocal Agreement between the City of
21 Boynton Beach and Solid Waste Authority for a Municipal Recycling Program and the
22 Delivery of Municipal Solid Waste to Designated Facility.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 s being true and correct and are hereby made a specific part of this Resolution upon
27 doption hereof.
28
Section 2.
Upon recommendation of staff, this Commission does hereby
:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement for Municipal Recycling (2009).doc
, approve and authorize the City Manager and City Clerk hI execute thIs InterJOCtI!
,
2 I Agreement between the City of Boynton Beach and Solid Waste Authority of Palm Beach
3 County for a Municipal Recycling Program and the Delivery of Municipal Solid Waste tu
4 Designated Facility, a copy of which is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~__~ day of February, 2009.
CITY OF BOYNTON BEACH- FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S.ICA\RESO\Agreementsllnterlocalsllnterlocal Agreement for Municipal Recycling (2009) doc
~:ICAIRESO\Agreementsllnterlocals\lnterlocal Agreement for Municipal Recycling (2009).doc
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INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this _day of , 2009 by
and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called "Authority", and the CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, chartered and organized in accordance with the laws of the State of Florida,
hereinafter called "CITY".
WITNESSETH:
WHEREAS, the Authority has been empowered by law to carry out the powers,
obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant
to the provisions of Chapter 403, Part IV, Florida Statutes; and
WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into
Interlocal Agreements with municipalities to establish recycling programs and carry out
recycling activities; and
WHEREAS, the CITY desires to work in cooperation with the Authority to continue a
municipal recycling program toward achievement and maintenance of the State recycling goal
and the requirements of Chapter 403, Part IV, Florida Statutes; and
WHEREAS, in addition, the CITY provides for the collection of solid waste from the
residents and businesses and residential recyclables within its boundaries and recognizes the
need for safe and sanitary processing and disposal of solid waste and residential recyclable
materials; and
WHEREAS, the CITY wishes to participate in a coordinated County-wide program for
the management of hazardous waste and control of solid waste processing and disposal and
residential recycling participation in cooperation with federal, state, and local agencies
responsible for the prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the CITY together with Palm Beach County recognizes the need to plan
and develop an adequate solid waste and residential recycling system for the benefit of all the
residents of Palm Beach County.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit
of the CITY, its constituents and the Authority, it is agreed as follows:
1. The purpose of this Agreement is to set forth the terms and conditions for the delivery of
municipal solid waste to designated facilities and for the operation of a recycling program
between the Authority and the CITY in this combined agreement which upon execution
by both parties shall automatically rescind the "Interlocal Agreement for Municipal
Recycling and Grant Management" set to expire on September 30, 2008 and the
"Interlocal Agreement for Delivery of Municipal Solid Waste to a Designated Facility"
expiring on September 30, 2010 previously entered into by the parties and shall become
effective upon filing with the Clerk of the Courts In accordance with Chapter 1 ().~
Florida Statutes.
.., The CITY agrees that all solid waste and residential recyclables collected by or on behalf
of the CITY shall be disposed of at an Authority operated facility or Authority permitted
facility ("designated facilities"). in accordance with this Agreement.
3. The CITY agrees to cooperate with the Authority to provide all necessary and required
information to the Authority in a timely manner so that it can be determined if the
CITY's solid waste and residential recyclables are being delivered to a designated
facility.
4. The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the
CITY's waste and residential recyclables to operate within all applicable local, state and
federal environmental guidelines.
5. Compliance with Zoning Ordinances
Any transfer and/or disposal of solid waste and recyclable materials shall be undertaken
in a location suitable and adequate for such activity and shall comply with all local
zoning ordinances and any other applicable local and state statutes, ordinances and
regulations.
6. Waste Disposal Requirements
All solid waste and residential recyclables collected by or on behalf of the CITY shall be
disposed of at an Authority operated or permitted facility in accordance with the criteria
established for acceptance of loads deemed suitable for processing at the designated
facilities.
7. Collection of Source-Separated Recyclable Material
A. Residential
Individual residents/homeowners shall be encouraged by the CITY to separate
their solid waste into recyclables and nonrecyclables. Each residential unit or
combination of units will receive the appropriate type and number of reusable
containers, in accordance with the countywide recycling program, into which
Recyclable Materials will be deposited.
Commingled Recyclable Materials shall mean: aluminum cans, foil and pans;
aseptic containers; gable-topped containers; glass bottles and jars (green, brown
and clear); and plastic containers # 1 - #7 (except Styrofoam). Commingled
recyclables will be deposited into one of the appropriately designated reusable
containers.
Fiber Recyclable Materials shall mean: newspapers (including inserts);
magazines and catalogs; phone books; corrugated cardboard; and kraft bags.
Fiber Recyclable Materials shall be placed loose in the other appropriately
designated reusable container.
Page 2 of 7
Corrugated cardboard shall be cut to an acceptable size and flattened, and for
curbside residents, shall be set beside or in the same reusable container as the
Fiber Recyclable Material. Residents receiving containerized service may receive
a separate container to be used for the collection of Corrugated cardboard.
The Authority retains the right to modify the manner in which materials are set
out for collection with proper notice to the CITY. Notice for a substantial change
in collection method shall be no less than one year.
B. Commercial
Individual businesses shall be encouraged by the CITY to separate their solid
waste into two categories: recyclable and non-recyclable. Businesses contracting
for services will arrange with their service provider to receive one or more
containers into which recyclable material may be deposited. Acceptable materials
for commercial recycling shall include: Commingled Recyclable Materials,
Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office
Paper and any other materials agreed to in writing by the CITY and the Authority.
Commercial recyclable materials shall be sorted by the business by type and
placed in separate containers. Corrugated Cardboard, Sorted White Ledger,
Mixed Paper and Sorted Office Paper as more specifically defined as follows shall
be prepared for collection in accordance with the collection standards below:
(1) Sorted White Ledger - white ledger or computer printout paper. Dry and
free of contaminants.
(2) Sorted Office Paper - office paper including letterhead, computer paper,
legal paper, loose-leaf paper, copy and typing paper.
(3) Corrugated Cardboard - containers having liners of either test liner, jute,
or kraft.
(4) Mixed Paper - a mixture of various types and grades of paper including
but not limited to: all office paper, colored paper, corrugated cardboard,
envelopes (excluding envelopes with cellophane windows), junk. mail,
kraft bags, magazines, and catalogs. Mixed Paper does not include tissue
or towel type paper.
8. Commercial Recvcling Revenue Share
As a further incentive for the CITY to actively pursue commercial recycling, the
Authority and the CITY may enter into a separate agreement to provide for payment to
the CITY for all acceptable loads of agreed upon commercial Recyclable Materials.
Types of commercial Recyclable Materials eligible for payment shall be determined by
the Authority. Absent this agreement, the CITY may choose to dispose of all commercial
recycling at any private material recycling facility.
Page 3 of 7
q. Transportation and Equipment
The CITY shall be responsible for having collected Recyclable Materials transported to a
designated facility, including, but not limited to. the Authority's Residential Materials
Recycling Facility (RMRF), the Authority's Commercial Materials Recycling Facilit)
(CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facilit)
(PCMRF) or any other sites designated by the Authority for recycling. The Authority (if
its contractor shall receive, process, dispose of and/or recover all Recyclable Materials
delivered by or on behalf of the CITY, at no charge to the CITY, except for unacceptable
loads as described below. Collection equipment must be of a type to provide for rear.
side or front unloading and may be compartmentalized or in separate vehicles.
10. Improperly Prepared Recyclable Materials
When a collector's crew encounters improperly prepared materials or non-recyclable
items, they must follow this procedure:
A. The collector shall pickup all Recyclable Materials except for those contaminated
by non-recyclable material or those which cannot be safely retrieved from the
reusable containers. Improperly sorted materials or contaminated materials will
be left in the reusable containers or temporarily removed and returned to the
reusable containers. The collector shall leave an Authority and/or CITY approved
form on the material or in the container. The form will notify the resident or
business that material has not been properly sorted, and will provide information
on how to contact the CITY or Authority recycling coordinator for further
information. Upon request of the CITY, the Authority will provide rejection
procedure training for the route drivers. The Authority and the CITY will consult
and evaluate the extent of the need for such training, which shall be provided by
the Authority.
As a means of strengthening the CITY's ability to have its collector fulfill the
CITY's recycling needs, the CITY agrees to notifY and consult with the Authority
when preparing the CITY's future request for collection franchise bids.
B. It shall be the responsibility of the CITY or its collector to contact residents or
businesses that repeatedly place improperly sorted materials in their designated
container and inform and encourage them to properly sort materials. If the
problem persists, the CITY shall notifY the Authority, who shall then assist the
CITY in resolving the problem.
11. Recycling Containers
The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon
recycling containers. The yellow and blue colors reflect a consistent educational
advertising errort through TV commercials, newsprint, radio, mailer, or other source. It is
the CITY's responsibility to make sure it or its collection contractor has equipment
compatible to provide proper collection of these recycling containers without damage,
The CITY or its collection contractor shall be responsible for replacement of any
recycling container(s) damaged during service at no additional cost to the Authority.
Page 4 of 7
12. Compliance with Zoning Ordinances
Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location
suitable and adequate for such activity and shall comply with all local zoning ordinances
and any other applicable local and state statutes, ordinances and regulations.
The CITY further agrees to use its best efforts to amend or modify its appropriate zoning,
building, or land development code to require new multi-family or commercial
developments to provide adequate space for recycling containers.
13. Unacceptable Materials
Criteria have been established for acceptance of loads deemed suitable for processing at
designated facilities. If the load contains in excess of 12% non-recyclable materials by
volume, the receiving facility will reject the load. The CITY or its contractor will be
charged the actual disposal cost and a $250.00 processing fee for any rejected load due to
contamination or equipment mechanical failure. The Authority will notify the CITY
immediately of a contaminated load. If the problem of unacceptable loads persists, (more
than two times in a month) the Authority may elect to monitor the route for proper sorting
and tagging procedures, and/or make recommendations to the CITY.
14. Promotion and Education Responsibilities
The Authority will provide recycling bins/containers and assist in promoting and
educating residents within the CITY in an effort to work together and increase recyclable
tonnages.
15. Delivery of Collected Material
The CITY agrees that it shall require that all Recyclable Materials separated from the
normal waste stream that are collected by or on behalf of the CITY shall be delivered to
designated facilities. The Authority may, from time to time, undesignate a facility. The
CITY will take such action as is necessary and available to ensure against and prevent
scavenging and unauthorized removal of such recyclables within the jurisdiction of the
CITY.
16. Term
This Agreement shall begin on the date herein above and continue through September 30,
2013, and may be renewed for a period of five (5) years upon mutual agreement.
Notwithstanding termination, any rights or duties imposed by law shall remain in effect.
This Agreement may be modified only by the written consent of both parties; or
terminated by either party upon one hundred twenty days (120) days written notice to the
other. The effective date of termination will be the last day of the fiscal year in which the
notice was given.
Page 5 of 7
1 7. Change in Law
In the event any change in law abrogates or modifies any provisions or applications <\1
this Agreement, the parties hereto agree to enter into good faith negotiations and use their
best efforts to reach a mutually acceptable modification of this Agreement.
18. Notices.
All formal notices affecting the provisions of this Agreement shall be delivered in person
or be sent by registered or certified mail to the individual designated below, until such
time as either party furnishes the other party written instructions to contact another
individual.
For the Authority:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
F or the CITY:
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
Attention: City Manager
19. If any clause, section, or provision of this Agreement shall be declared to be
unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or
negated by a change in law, the same shall be eliminated from this Agreement, and the
remaining portion of this Agreement shall be in full force and effect and be valid as if
such invalid portions thereof had not been incorporated herein.
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year first above written:
As to the Authority:
WITNESSES:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Mark Hammond, Executive Director
ATTEST:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Sandra J. Vassalotti, Clerk to the Authority
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Legal Counsel
Solid Waste Authority of Palm Beach County
As to the CITY:
ATTEST:
CITY OF BOYNTON BEACH
Janet Prainito, City Clerk
Kurt Bressner, City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Office of the City Attorney
H:\ 1990\900182. BB\Agreements 2008\ILA-SWA (Solid Waste-Recycling).doc
Page 7 of 7
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 16, 2008 December I, 2008 (Noon) rgJ February 17,2009
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009
0 FebruaJY 3, 2009 JanuaJY 19,2009 (Noon) 0 April 7, 2009
Date Final Form Must be Turned
in to City Clerk's Office
February 2, 2009 (Noon)
February 17,2009 (Noon)
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AGENDA ITEM 5ZI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
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March 2, 2009 (Noon)
March 16,2009 (Noon)
RECOMMENDATION:
Approve via resolution, and authorize the City Manager to sign Amendment No.2 to Task Order U07-4-3
with CDM, for the final design and construction services of the Sodium Hypochlorite Onsite Generation
(OSG) system for the East Water Treatment Plant. This amendment is in the amount of $194,700. The
Department also recommends approval of a 10% contingency amount for unforeseen conditions (equal to
$19,470), yielding a total, not-to-exceed value of $214,170.
EXPLANATION:
Bid pricing on the past three utilities projects has been excellent, indicating strong competition in the
construction industry. Although the City was considering a DesignlBuild approach for this project,
current market conditions favor the conventional design-bid-build concept.
This Amendment governs the completion ofthe design to 100%, bidding, and services during construction.
Construction services will include the review of shop drawings, design changes, geotechnical report,
periodic inspection, engineer's certification, and the furnishing of record drawings.
Based upon the current level of design, the construction cost for the project, minus the cost of the already-
purchased OSG system, is approximately $2.6 million. A comparison of project costs vs. funds available
yields the following:
. Remaining project construction cost est. =
. Remaining engineering costs =
. Subtotal=
$2,600,000
$ 194.700
$ 2,794,700
. 10% contingency
$ 279,470
. Total Funding required to complete project $3,074,170
. Funding available for this project $3,963,374
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Unencumbered funds remaining in the CIP fund therefore exceed the estimated cost to complete the
project.
This phase of the project, including final design, bidding and construction is anticipated to take 420
calendar days from the date of authorization of this task order.
PROGRAM IMPACT:
Implementation of the OSG system will eliminate the potential hazard of a gas chlorine leak, and reduce
the Department's costs for contingency planning to deal with such an event.
FISCAL IMPACT:
$214,170 from Account no. 406-5000-590-65-02 (WTR 112)
ALTERNATIVES:
. Not construct this project, and continue to use the gas chlorine system at the East Water
Treatment Plant.
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Assistant to City Manager ~
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ent Head's Signature
UTILITIES
Department Name
XC:
~eter Mazzella (w/attachments)
Barbara Conboy "
City Attorney
Karen Riseley
File
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R09-033
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO EXECUTE AMENDMENT NO 2 TO
6 TASK ORDER NO. U07-4-3 IN AN AMOUNT NOT TO
7 EXCEED $214,170.00 WITH CAMP, DRESSER &
8 McKEE, INC., FOR THE FINAL DESIGN AND
9 CONSTRUCTION SERVICES OF THE SODIUM
10 HYPOCHLORITE ONSITE GENERATION SYSTEM
11 FOR THE EAST WATER TREATMENT PLANT; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, Amendment No 2 to Task Order No U07-4-3 governs the completion
16 of the design, bidding and services during construction of the Sodium Hypochlorite Onsite
17 Generation system at the East Water Treatment Plant; and
18 WHEREAS, the City Commission of the City of Boynton Beach upon
19 recommendation of staff, deems it to be in the best interest of the citizens of the City of
20 Boynton Beach to authorize the City Manager to execute Amendment No.2 to Task Order
21 U07-4-3 in an amount not to exceed $214,170.00 with Camp Dressker & McKee, Inc.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize and direct the approval and execution by the City Manager of Amendment
29 No.2 to Task Order U07-4-3 in an amount not to exceed $214,170.00.00 with Camp Dresser
30 & McKee, Inc., for the final design and construction services of the Sodium Hypochlorite
S:ICAIRESOlAgreementslTask - Change OrderslCamp Dresser Amendment NO.2 to TO U07-04-3.doc
Onsitc Generation System to be located at the East Water Treatment Plant, (j copy ul \\ hieh
2:' is attached hereto as Exhibit "A".
3
Section 3.
This Resolution shall become effective immediately upon passage.
4
PASSED AND ADOPTED this._____ day of February, 2009.
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22 ATTEST:
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25 Janet M. Prainito, CMC
26 City Clerk
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28
29 (Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S \CA\RESOlAgreemenlsITask - Change OrderslCamp Dresser Amendment No 2 to TO U07 04-3 doc
j2DCj/o33
CITY OF BOYNTON BEACH
AMENDMENT #2 TO ENGINEERING SERVICES TASK ORDER NO. U07-4-3
I. PROTECT TITLE
City of Boynton Beach
East Water Treatment Plant Disinfection System Upgrade - Final Design, Bidding, and
Construction Services
II. BACKGROUND
Governmental agencies, such as the Environmental Protection Agency (EP A) and the
Department of Homeland Security, have been strongly encouraging utilities to stop the use of
gaseous chlorine facilities. With the potential health impacts due to accidental exposure and the
increased liability associated with gaseous chlorine, many utilities have considered alternative,
safer disinfection practices. The City of Boynton Beach (City) wishes to convert their existing
gaseous chlorine disinfection system at the East Water Treatment Plant (EWTP) to an onsite
sodium hypochlorite generation system. Under Task Order No. U07-4-3, as resolved in
Resolution No. R08-061, Camp Dresser & McKee Inc. (hereinafter referenced as ENGINEER)
completed permitting services, design services to a 90-percent level, and submitted a
Guaranteed Maximum Price for design-build delivery. At this time, the City wishes to procure
the construction project through a traditional design-bid-build method. Therefore, the following
Scope of Services to complete the Final Design, Bidding, and Construction Services of the EWTP
Disinfection System Upgrade Project shall be completed by ENGINEER.
III. CONTRACT REFERENCE
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services RFQ No. 065-2821-03jCJD, Scope A:
Water Plant Expansion and Capacity Replacement.
IV. SCOPE OF SERVICES
The following is a description of the Scope of Services to be provided under this Task Order.
Task 1- Final Design Services
This task includes the preparation of final drawings and specifications, conducting formal
reviews of the IOO-percent submittal, and geotechnical services to support the final design.
Subtask 1.1 Preparation of Contract Documents
ENGINEER will incorporate review comments from the 90-percent submittal to prepare final
construction drawings and specifications suitable for inviting construction bids for the project.
ENGINEER will also modify drawings and specifications as needed to convert the project from
the design-build method to traditional design-bid-build. The technical specifications will utilize
CI>>JI
I
N\OOOOIJR1169 docx
CST's sixteen-division, three-part format. The design shall be complete (as applicable to the
Project) site improvements, building, appurtenances, process and ancillary eqUIpment.
accessories, wiring, piping, foundations, substructures, electrical controls. instrumentation,
telemetry, metering, process equipment, and mechanical facilities. The design shall also include
detailed drawings, specifications, tables, charts, schedules, and other documentation as may be
necessary for the Project.
Subtask 1.2 Review of Work Perfonned and Final Contract Document Submittal
ENGINEER will submit one (1) hard copy and one (1) digital copy (portable document format
(PDF)) of progress drafts of the contract documents to the City staff for review, will schedule
and conduct a review meeting with City staff, and address appropriate City review comments.
ENGINEER will then incorporate all final comments into the contract documents marked
"ISSUED FOR BID."
ENGINEER will submit five (5) sets of the final contract documents to the City staff one week
prior to the initial bid advertisement for the Project. ENGINEER shall charge contractors,
suppliers, subcontractors, vendors, or other buyers a non-refundable fee for each set of Contract
Documents issued for bidding purposes.
ENGINEER shall provide the City with an electronic copy of the AutoCAD disk used by
ENGINEER to develop the final contract. The hard copy of the Contract Documents containing
the ENGINEER's professional engineering stamp shall take precedence over the AutoCAD disk.
Subtask 1.3 Geotechnical Services
ENGINEER will complete subsurface exploration at the site and develop geotechnical
engineering design recommendations for the proposed improvements including the new
sodium hypochlorite storage facility located at the EWTP. ENGINEER will complete the
following:
. Review the available geological and geotechnical information to evaluate geologic features
that could impact site development and construction;
. Drill two (2) Standard Penetration Test borings at the location of the proposed structure to
investigate subsurface conditions and obtain soil samples;
. Conduct a geotechnical laboratory test to assist with classification of soils encountered and
to estimate the engineering properties of the soil;
. Develop geotechnical engineering recommendations for earthwork and foundation design,
site development, and construction; and
. Prepare a signed and sealed geotechnical engineering design report presenting
ENGINEER's recommendations, including all data collected as part of the investigation.
ENGINEER will provide five (5) copies of the final geotechnical engineering design report to
the City.
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Task 2 - Services during Bidding
This task includes the provision of conventional bidding services for the EWTP Disinfection
System Upgrade project. Bidding services will include assistance with advertisement of the
project, coordinating the sale and distribution of non-refundable bidding documents, holding a
pre-bid meeting, attending the bid opening, and reviewing and tabulating the bids. ENGINEER
will respond to questions of prospective bidders and will distribute addenda to the Contract
Documents as necessary. Following receipt of bids, ENGINEER will evaluate the bidders with
respect to cost, experience, and ability to construct the work, and will prepare recommendations
for award of the contract. Bidding services, in general, will include the following:
. City will prepare formal advertisement for placement in the legal section of the newspaper.
. Reproduce and distribute the non-refundable bidding documents to area plan rooms,
interested contractors, subcontractors, and suppliers.
. Coordinate and preside over a Pre-Bid Conference and project site tour.
. Issue addenda as required to clarify the bidding documents.
. Attend the bid opening.
. Evaluate the bids received including economic solvency of the bidders, tabulate the bids,
issue requests for additional information and submittals from the apparent low bidders, and
prepare recommendation of tentative award.
. Prepare three (3) sets of Contract Documents for execution by the contractor and the City.
Task 3 - Services during Construction
ENGINEER will serve as the City's engineering representative during the implementation of
the Disinfection System Upgrade project. ENGINEER will perform periodic inspections to
confirm that the work is being performed according to the Contract Documents and will make
recommendations regarding periodic payments to the contractor. ENGINEER will review shop
drawing submittals for compliance with the requirements of the Contract Documents. In
addition, ENGINEER will conduct monthly progress meetings with the contractor and provide
written minutes. Record drawings will be updated to conform the design drawings to reflect
actual installed dimensions.
The general services during construction include the following tasks:
Subtask 3.1 Contract Administration
Consult with and advise the City and act as its representative as provided in the General
Conditions of the contract.
Subtask 3.2 Review of Materials Substitution
CDVI
3
N.\OOOOIJR1169.docx
Consult with and advise the City as to the acceptability of substitute materials and equipment
proposed by the contractor for those portions of the work fOf which acceptability 15 reLJ.uired h
the bidding documents.
Subtask 3.3 Engineer's Site Visits
Make visits to the site at intervals appropriate to the various stages of construction to observe as
an experienced and qualified design professional the progress and quality of the executed work
of the contractor and to determine, in general, if such work is proceeding in accordance with the
Contract Documents. ENGINEER's efforts will be directed toward providing a greater degree ot
confidence for the City that the completed work of contractor will conform to the Contract
Documents. During such visits and on the basis of onsite observations, ENGINEER shall keep
the City informed of the progress of the work, shall endeavor to guard the City against defects
and deficiencies in such work, and may disapprove or reject work as failing to conform to the
Contract Documents. For this subtask, it is assumed that the ENGINEER will be onsite an
average of 3 hours per week, throughout the la-month construction duration.
Subtask 3.4 Inspections
Provide weekly inspection services to observe contractor's activities. Services will be provided
by experienced construction inspection services personnel ("Site Inspector"). Site Inspector will
notify ENGINEER of all construction progress, working conditions, tests performed,
deficiencies observed and special or unusual events. ENGINEER will utilize this information to
keep City informed of progress. For this subtask, it is assumed that the Site Inspector will be
onsite for an average of 8 hours per week, throughout the la-month construction duration.
Subtask 3.5 Specialty Discipline Inspections
Provide inspection services to observe contractor's activities. Services will be provided by
experienced personnel in the electrical and instrumentation and control field ("Specialty Site
Inspector"). Specialty Site Inspectors will notify ENGINEER of construction progress, working
conditions, tests performed, deficiencies observed and special or unusual events in their area of
specialty. ENGINEER will utilize this information to keep City informed of progress. For this
subtask, it is assumed that the Specialty Site Inspector will be onsite for an initial meeting with
the electrical and instrumentation and control contractor and will perform one visit to the site
during the construction period. Each visit is assumed to be an average of 10 hours (includes
writing meeting log documenting the site visit).
Subtask 3.6 Shop Drawings Review
Review and approve Shop Drawings and samples, the results of tests and inspections, and other
data which the contractor is required to submit.
Subtask 3.7 Interpretation/Clarifications
Issue instructions of the City to the contractor; issue necessary interpretations and clarifications
of the Contract Documents, and in connection therewith prepare change orders as required;
have authority, as the City's representative, to require special inspection or testing of the work:
and act as initial interpreter of the requirements of the Contract Documents pertaining to the
execution and progress of the work.
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Subtask 3.8 Pay Estimate Review
Based on onsite observations as an experienced and qualified design professional and on review
of contractor's applications for payment and accompanying data and schedules, determine the
amounts owing to the contractor and recommend, in writing, payments to contractor in such
amounts.
Subtask 3.9 SubstantiaVFinal Completion Inspection
Conduct an inspection to determine if the project is substantially complete. Upon completion of
the Substantial Completion inspection, ENGINEER shall develop a final punch list
documenting all remaining work to be completed by the contractor. Upon completion of the
punch list items by the contractor, ENGINEER will conduct a final inspection to determine if the
work has been completed in accordance with the Contract Documents.
Subtask 3.10 Monthly Progress Meetings
Conduct monthly progress meetings with the contractor when the work is underway. This task
will include the preparation of agendas, attendance at meetings, and the preparation and
distribution of minutes. For this subtask, it is assumed the ENGINEER will attend one meeting
per month throughout the 10-month construction duration.
Subtask 3.11 Provide Record Drawings
Provide final record drawings to reflect changes made to the entire disinfection system at
completion of the project. ENGINEER will submit one (1) hard copy and one (1) mylar copy of
the drawings to the City, as well as an electronic CD with AutoCAD files.
Subtask 3.12 Review Change Orders
Provide services in connection with preparing change orders to reflect changes to the
construction project, limited to minor changes requested by the City or contractor. Analysis of
major design modifications, including the preparation of significant Drawing revisions, is not
included, and may require additional authorization.
Subtask 3.13 Final Certification
Provide services in connection with preparing final certifications of completion of construction
to appropriate regulatory agencies, as required, at the time of final completion of construction.
Task 3.0 of the project, including all subtasks, runs concurrently with the 10-month construction
contract period only. In the event the contractor does not complete the work within the
designated contract period, additional compensation for time-dependent services will be
required.
V. ASSUMPTIONS
The City shall provide the following contributions to the task order unless otherwise available
through public resources:
. Review of ENGINEER work products within two weeks of receipt of work product.
CONI
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VI. COMPENSA nON FOR SERVICES
The compensation for the work set forth in this Task Order Amendment for Tasks 1 through .~
shall be a not-to-exceed amount of $188,075 as detailed in Exhibit A. The compensation for the
work set forth in this Task Order Amendment for Task 4 ( Geotechnical Services) shall be a
lump sum amount of $6,625 as detailed in Exhibit A. ENGINEER shall submit monthly invoices
to the City. Payments for Tasks 1-3 shall be based on actual documented costs for labor,
subconsultants and expenses of the project, as supported by written monthly status reports.
Payments for the lump sum fee(s) , Task 4, shall be based on percent complete of the project, as
supported by written monthly status reports. The total not-to-exceed compensation for this
entire amendment is therefore $194,700.
VII. DELIVERABLES
Task 1:
. ENGINEER will prepare 100-percent design documents for review and comment by the
City. ENGINEER will provide one (1) hard copy and one (1) electronic PDF copy for review
by the City.
. Following receipt of the City's review comments, ENGINEER will provide five (5) copies of
final design documents marked "ISSUED FOR BID."
. ENGINEER will provide five (5) copies of the Geotechnical Engineering Design Report to
the City.
. ENGINEER will provide five (5) copies of conformed plans and specifications for
construction (2 to the contractor, 2 to the City, and 1 for the project ENGINEER), following
the award of bid.
Task 2:
. ENGINEER will provide a formal advertisement for placement in the legal section of the
newspaper by the City. City shall coordinate and pay for legal advertisement.
. ENGINEER will provide a recommendation of award letter based upon review of bids
received.
Task 3:
. ENGINEER will provide inspection reports within one week following all inspections by the
Site Inspector and Engineer of Record.
. ENGINEER will provide minutes of monthly construction progress meeting within two
weeks of the meeting.
. ENGINEER will provide one (1) hard copy and one (1) mylar copy of the final record
drawings, as well as an electronic CD with AutoCAD files.
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. ENGINEER will provide final certifications to permitting agencies upon satisfactory
completion of construction.
VIII. PROTECT SCHEDULE AND COMPLETION DATES
The duration and completion times of all tasks are summarized as follows:
Task Time to Complete from Notice to Proceed (Calendar Days)
Task 1 - Final Design (1 month) 30
Task 2 - Bidding Services (3 months) 90
Task 3 - Construction Services (10 months)
300
The project as described above will be completed within 420 calendar days from the time a
notice to proceed is received, assuming 30 days from recommendation of award during Bidding
Services (end of Task 2) to issuance of a notice to proceed to the contractor (beginning of Task
3). The actual time to issue the contractor's notice to proceed will impact the completion date for
Task 3.0. Services during construction are based on a construction period of 10 months. If the
Contractor extends the construction period, additional charges will be incurred.
APPROVED BY:
CITY OF BOYNTON BEACH
By:
Kurt Bressner
City Manager
Dated this _ day of
2009
SUBMITTED BY:
CAMP DRESSER & MCKEE INC.
By:
D 1 (J))--
David L. Collins, P.E.; BCEE
Associate
Dated this eJ:> day of :;- ~
2009
CONI
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NIOOOOlJR1169.docx
EXHIBIT A
SUMMARY OF LABOR HOUR REQUIREMENTS
EWTP Disinfection System Upgrade Project, Final Design, Bidding, and Construction Services
Task Client Technical Seniol Project Senior Designer Senior Field Admin Hours by Total Labor ODCs Total
Services Director Engineer Engineer Designer Representative Support Task Dollars
Manager
Hourly Rate $ 180 $ 165 $ 120 $ 120 $ 110 $ 85 $ 100 $ 65
Not to Exceed
1 Final Design
1 1 - Preparation of Contract Documents 8 12 28 36 20 36 0 20 160 $ 17 ,660 $ 800 $ 18.460
1.2. Review of Work Performed and Final Contracl Document Submittal 2 4 8 16 8 12 0 8 58 $ 6,320 $ 900 $ 7,220
10 16 36 52 28 48 0 28 218 $ 23,980 $ 1,700 $ 25,680
Final Design - SUB, TOT AL SUB-TOTAL 218 $ 23,980 $ 1,700 $ 25,680
2 Bidding Sel vices 4 8 16 32 8 12 0 22 102 $ 11,130 $ 900 $ 12,030
Bidding Services - SUB- TOTAL SUB.TOTAL 102 $ 11,130 $ 900 $ ..
12,030
3 Services During Construction
31 Conlract Administration 4 4 20 0 0 0 0 56 84 $ 7.420 $ 100 $ /520
3.2 - Review of Malerials Subslltullon U 4 8 24 0 0 12 16 64 $ 6,740 $ 100 $ 6,840
3 3 - Engineer's Site Visits 0 0 120 0 0 0 0 0 120 $ 14.400 $ 500 $ 14900
3 4 . inspections 0 0 0 0 0 0 320 20 340 $ 33,300 $ 800 $ 14,100
3.5 - Specialty Inspections (Electrical and I&C) 0 0 0 20 0 0 20 4 44 $ 4,660 $ 800 $ 5460
36 Shop Drawing Review U 2 68 120 0 0 0 0 190 $ 22.890 $ 245 $ n 135
3 7 - Interpretations and Clarifications 2 4 26 24 0 0 20 0 76 $ 9,020 $ 150 $ 9170
3.8, Pay Estimate ReView 0 0 12 24 U 0 20 24 80 $ 7,880 $ 200 $ 8.U80
39- Substantial/Final Completion 'nspecllo/l !. 2 16 0 0 u 16 8 44 $ 4,730 $ 25U $ 4.98U
310 - Monthly Progress Meetin9s 8 2 40 0 0 0 40 6 96 $ 10,960 $ 140 $ 11 100
3 11 - Record Drawings 2 2 20 40 8 46 20 4 142 $ 14,940 $ 900 $ 15.840
3 12 - Review Change Orders 2 2 12 20 0 0 12 6 54 $ 6,120 $ $ 6,120
3 13 . Final Certification 2 2 16 0 0 0 0 4 24 $ 2,870 $ ...~. 3,120
n_~ _..~
Services During Construction - Not to Exceed, SUB- TO I Al 22 24 358 272 8 46 480 148 1358 $ 145,930 $ 4.435 $ 1 50 365
--------~---".--...---.- - .. ---- ._--,----,----~--- SUB.TOTAL -_._------~-- $ .. <----. HI50365
1358 145,930 $ 4.435 $
NOT TO EXCEED TOTAL 1678 $ 181,040 $ 7,035 $ 188,075
Lump Sum
4 Geotechnical Services u L 8 16 0 0 0 4 30 $ 3.470 $ 3,155 $ 6,625
Geolech/lical Services - Lump Sum SUB TOT AL LUMP SUM TOTAL 30 $ 3,470 $ 3,155 $ 6,625
PROJECT TOTAL $ 194,700
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.3
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetine Dates in to City Clerk's Office Meetine Dates
0 December 16, 2008 December 1,2008 (Noon) 121 February 17, 2009
0 January 6, 2009 December 15, 2008 (Noon) 0 March 3, 2009
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17,2009
0 Febnwy 3, 2009 January 19,2009 (Noon) 0 April 7,2009
Date Final Form Must be Turned in
to City Clerk's Office -
February 2, 2009 (Noon)
February 17,2009 (Noon)
March 2, 2009 (Noon)
0 AnnouncementslPresentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM 121 Consent Agenda 0
0 Code Compliance & Legal Settlements 0
0 Public Hearing 0
March 16, 2009 (N0QI1~
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New Business
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Unfinished Business
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RECOMMENDATION: Staff recommends that the City Commission approve resolution Number 09 "D3'1, the
reclassification of two (2) City of Boynton Beach positions and the reclassification of an incumbent as follows:
1. Approve the reclassification of a full time Recreation Specialist position, (incumbent retiring April 3, 2009), pay
grade 10, in the Recreation and Parks Department, Tennis Center, to a full time Parks Maintenance Worker, pay
grade 6. (Exlnbit I)
2. Approve the reclassification of a full time Code Compliance Inspector position, pay grade 11, in the Police
Department, Code Compliance Division to a full-time Code Compliance Officer, pay grade 16 and approve the
upgrade of the incumbent. (Exhibit IT)
EXPLANATION:
1. The downgrade of the Recreation Specialist position at the Tennis Center to a Parks Maintenance Specialist will
provide a full time position to maintain the har-tru tennis courts to the safest standards. Specific improvements
within the last year in maintenance have resulted in higher customer satisfaction and an improved level of
maintenance. In 2007-2008, the City sold 150 permits; to date (four months into the fiscal year) 211 permits have
been sold. There has been a forty per cent (40%) increase in permit sales in one year. The Park Maintenance
Worker classification requires the type of skills and abilities needed to maintain har-tru tennis courts.
2. The Code Compliance Division's intention is to have a progression ladder to encourage and reward its officers for
their time in position and their continued pursuit of high certification levels. During the incumbent's (Mr. Luney
Guillaume) nine (9) years of experience as an inspector he has gained considerable code enforcement knowledge
and expertise. He recently passed the Florida Association of Code Enforcement (FACE) exam and has received his
Level I Code Enforcement certification which now qualifies him to be reclassified to a Code Compliance Officer.
PROGRA..l\f IMPACT:
1. Enable the Recreation and Parks Department at the Tennis Courts to fill the position with the classification of Park
Maintenance Worker which reflects the duties and responsibilities required to sustain the improved level of
maintenance of the har-tru tennis courts; thereby preserving customer satisfaction and increasing permit sales.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
2. Enable the Code Compliance Division to provide for career ladder advancement and reward for years of service
and achievement of higher levels of certification and to ensure that employees are classified appropriately within
the career ladder.
FISCAL IMPACT:
1. The downgrade of the Recreation Specialist position will provide the City with a cost savings of $6,611.00
annually; therefore there will be no negative impact to the approved budget.
2. The fiscal impact of the reclassification to Code Compliance Officer, pay grade 16, is $5,743.21; Police Chief Matt
Immler indicates that there are funds available in his budget to cover this increase.
ALTERNATIVES:
1. Not approve the downgrade of the Recreation Specialist position in the Recreation and Parks Department, Tennis
Center to Parks Maintenance Worker position; thereby, spending more money than needed and having the position
classified inappropriately .
2. Not approve the reclassification of the Code Compliance Inspector position and the incumbent; causing the
position and incumbent to be classified inappropriately
~
City Manager's Signature
Assistant to City Manager ~./
"' -
\ -
~ ~ City Morney / Finance
Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM-DOC
1 RESOLUTION R09-o3l.(
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH APPROVING THE
5 RECLASSIFICATION OF A RECREATION SPECIALIST
6 TO P ARKS MAINTENANCE WORKER AND
7 RECLASSIFICATION OF CODE COMPLIANCE
8 INSPECTOR TO CODE COMPLIANCE OFFICER AND
9 APPROVE THE UPGRADE OF THE INCUMBENT IN
10 THE CODE POSITION; PROVIDING AND EFFECTIVE
11 DATE.
12
13 WHEREAS, the downgrade of the Recreation Specialist position at the Tennis Center
14 to a Parks Maintenance Specialist will provide a full-time position to maintain the tennis
15 courts to the safest standards; and
16 WHEREAS, the Code Compliance Division's intention is to provide for career ladder
17 advancement and reward for years of service and achievement of higher levels of certification
18 and to ensure that employees are classified appropriately within the career ladder.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH FLORIDA:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2:
The City Commission of the City of Boynton Beach hereby approves
25 the reclassification of the Recreation Specialist, pay grade 10 in the Recreation and Parks
26 Department, Tennis Center, to a full time Parks Maintenance Worker, pay grade 6.
27
Section 3.
The City Commission of the City of Boynton Beach hereby approves
28 the reclassification of a full time Code Compliance Inspector position, pay grade 11, in the
S:\CA\RESO\Reclass positions(Code and Rec).doc
1
I
Code Compliance Division to a full time Code Compliance Officer. pa: grade nand
2
approves the upgrade of the incumbent in that position.
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Section 4.
This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED this
day of February, 2009.
CITY OF BOYNTON BEACH
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
,
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S'ICAIRESOIReclass positions(Code and Rec, doc
.
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EXHIBIT
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MEMORANDUM
FROM:
Wally Majors, Director
Recreation and Parks Department
Virginia Shea, Senior Mana~
Recreation and Parks Depa~
oy(
;)(1
TO:
DATE: January 12, 2009
SUBJECT: Recreation Division Justification to Hire Replacement for Current
Tennis Center Recreation Specialist in Charge of Court Maintenance
The Recreation and Parks Department is confronted with filling an urgent need at the Tennis
Center due to the upcoming resignation/retirement of one its staff members. Tom O'Connell,
Recreation Specialist in charge of tennis court maintenance, will be retiring on April 3, 2009.
The Employee Activity Report and Tom's letter of resignation are attached.
I have also attached an EAR to replace Tom's position. We are conducting a classification
study through Human Resources to detail Tom's specific duties and expect results back prior
to Tom's retirement date. In the meantime, we are training current staff in tennis court
maintenance so that there is no void in these services in case the position is not filled.
The Department does recommend filling the position as tennis court maintenanceq; a full time
position and requires specific knowledge to maintain the courts to the safest standards. It
should be noted that specific improvements have occurred within the last year in maintenance
that have resulted in higher customer satisfaction and a improved level of maintenance. This
can be seen by the increase in annual permits sold at the Tennis Center in the first four
months of the current fiscal year. In 2007-08, the City sold 150..permits. To date, 211 permits
have been sold. This is a 40% increase in permit sales in one year. We believe that this is
attributed to the reorganization that began in October 2007 that allowed the maintenance
position to spend all his time on the courts, rather than time spent between his maintenance
duties and customer service duties in the office.
While the supervisor and several trained back up staff could fill in to complete maintenance, it
does take more experience to maintain the courts at the current level. As it now stands, the
supervisor's responsibilities and hours are split between the Tennis Center and overseeing
activities at Caloosa Regional Park for the City's Youth Soccer and Flag Football programs. If
the center supervisor is to work at maintenance on a daily basis and on some week nights and
weekends, it will affect the supervisor's ability to complete other tasks including overseeing the
paid programs at the facility, working on new programming, managing the tennis pros,
hanrllinn ,....,ct.....mor ,........n"'orns anrl \A/orl.rinn "'n "ario"s sunen",s",nl nroiocts <3C rl',ro",terl h" tho
I IIU III~ "'........, "'. 1\0.11 \JV .v........111 I Y YV 1'\.1 I~ VI V I' \,A t-" IV VI' 1"'1 J"-' .. ~~..... ........."".. ""'''''y 1.11......
senior manager and the department director.
The essential functions of the current position include sweeping the tennis courts on a daily
basis, removing algae and excess har-tru materials, adding new har-tru materials for surface
reconditioning, maintaining court equipment, repairing sprinklers and having knowledge of tile
tennis court irrigation system, replacing tennis court lines, hanging and stretching windscreens,
along with cleaning trash and debris from the grounds, and completing monthly maintenance
reports and court evaluations. The current title of Tom O'Connell is Recreation Specialist
which is a Grade 10 position. We believe that classification study will show that the positior
should actually be opened as a Parks Maintenance Worker, which is a Grade 6 position
The Recreation Specialist starting salary is $15.65 per hour. With benefits, the total salary is
$42,096.00 per year. The Parks Maintenance Worker starting salary is $12.79 per hour. With
benefits, the total salary is $36,147.20. Tom's current salary, including benefits is $54,879.00.
The estimate cost savings for replacing the current position with a Grade 6 Parks Maintenance
Work would be $18,731.80.
Filling this position with a more appropriate job classification would be a significant savings and
would allow the Department to provide uninterrupted maintenance services than if we were to
utilize other staff to attend to the maintenance duties.
Ivhs
,.
Name:
EMPLOYEE ACTIVITY REPORT
City Of Boynton Beach
Employee:
Department: Recreation & Parks
Account#: 2710
~ EMPLOYMENT REQUISITION
Division:
Date:
Recreation/Tennis Center
1/13/09 2689 JAN ! 5 PM 12: 51
Requestor Virginia Shea
Job Title: Parks Maintenance Worker
o Contract
~ Full time
Department will share advertisin9: c~~~: : ,W y es.~,;~ ~:~o
l')i":
, - __ I '\ oJ :.~ __
Effective Date:
April 6, 2009' ,;,
Job#:
82301
D Seasonal Shift:
Days/Hours:
$12,79 Annually:
Internal Applicants Only: 0 Yes l8J No
D Part time
o Temporary
Pay Grade:
6
Salary:
Hourly:
[2J
Replacement for:
Thomas O'Connell. Retirement, 4/3/09
State Preferences Not Included
in the Job Description:
Dept. Director:
R ource Director.
rgency Event Designation Code:
o NEW HIRE
Address:
City/State/Zip:
Effective Date:
Location:
Phone #:
o EMPLOYEE ACTIVITY Attach Documentation pam m eommen see Ion SELECT ONE)
DTransfer* DPromotion D Administrative Leave* DFMLA Leave
DReclassification DDemotion* 0 Temporary Assignment*( % Change) 0 Pre-Determination Hearing
Dee/l Phone Allowance Amount$ 0 Performance Evaluation or Merit Increase
Effective Date: Location:
Scheduled Hours:
From Dept. #
To Dept. #
From Job#:
To Job #-
From Pay Grade:
From:
Dept. Name
Dept. Name
Job Name
Job Name
To:
Dates*:
To Pay Grade:
SALARY CHANGE:
From:
To:
Hourly:
Annually:
COMMENTS: Justification for
action or additional information:
RETIREMENT
Last Day:
Human Resources Use Only
Birth Date
RESIGNATION (Attach Resignation Letter) 0 TERMINATION Attach Documentation
Effective Date:
Reason:
EEO
COBRA
TERM
-%/~
Department Head
_-----r; J -01
Date
Human Resources
Date
City Manager
Date
Employee
Date
Last Revised - 07/24108
CBB-HR
CITY OF BOYNTON BEACH
PERSONNEL RECLASSIFICATION REQUEST WORKSHEET
BUDGET YEAR 2008 - 2009
For HR Use Only
Appvd __ Denied
Date By
Department: Rec & Parks
Division: RecfTennis Cetner
Fund:
Department Number:
PERSONNEL RECLASSIFICATION EXPENSES
WAGES
Regular
Holiday
Overtime
Other/Allowances - (specify)
Hrlv Rate
$2.86
+
Annual Hrs
2080
$
5,959
o
o
o
o
5,959
Total
FRINGE BENEFITS (Indicate # of Positions if Part-Time to Full-Time: []I)
Employers FICA (7.65%) 456
Disability Insurance (0.56%) NOTE: Do not apply to certified Police Officers & Firefighters 33
Workers Compensation (See Comp Rates in chart at right) 2.7355% 163
Life Insurance (See Rates in chart at right) .. $4.90 0
Health Insurance ($425.00 per month) .. 0
Dental Insurance ($34.45 per month) .. 0
Other - (specify)
o
Total 652
.. Do not use unless reclassifying from part-time to full-time
Total (19.99 Allowance for New IReclass - Personnel Cost)
1$ 6,611.uul
OPERATING EXPENSES (Also itemize in Allow for New/RecJass-Operating exp detail)
Acct # Acct Description Detail
Total (59.99 Allowance for New/Reclass - Operating Expenses)
Total
l $
GRAND TOTAL
$ 6,611.00
Page 2
1/30/2009
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EXHIBIT
II
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CITY OF BOYNTON BEACH, FLORIDA
" INTER-OFFICE MEMORANDUM
'0:
November 12, 2008 FILE: Guillaume
Sharyn Goebelt, DATE:
Human ~&,]j~ecru~ 3: 37
SUBJECT:
FROM:
s~.l:~,"
Code Compliance
Administrator
REFERENCES:
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ENCLOSURES:
BACKGROUND:
Classification promotion from Grade 11 Code
Compliance Inspector to Grade 16 Code
Compliance Officer
October 3, 2006 memorandum from Arleen
Barton to City Manager Kurt Bressner
July 19,2006 memorandum from Human
Resource Director Sharyn M. Goebelt to City
Manager Kurt Bressner
Job Classification Specification for Code
Compliance Officer
August 13, 2001 memorandum from Human
Resource Director Arthur Lee to Wilfred
Hawkins
All references
Existing/Revised Organizational Chart
Code Compliance hired Luney Guillaume on October 11, 1999 as a Code & License Inspector with no job
~quirements with respect to certification by the Florida Association of Code Enforcement. At or about the time
of Mr. Guillaume's hiring the job classifications were amended to include a name change from Code & License
Inspector to Code Compliance Officer and the requirement for Level I Florida Association of Code Enforcement
certification. Officer Guillaume continued his employment with the Code Compliance Division as a Code
Compliance Inspector at a pay grade 11 during which time the positions and structuring of the Code
Compliance Division evolved into a "ladder" progression of positions all predicated on certification levels and
years of experience/service as noted in the enclosed August 13, 2001 memorandum from Human Resource
Director Arthur Lee to Wilfred Hawkins. This "ladder" progression was then amended and approved after
extended review by your office to where it stands today. Officer Guillaume was left behind due to his failed
attempts to pass his Level I certification exam although he continued to perform his duties as a Code
Compliance Inspector at a pay grade 11.
CURRENT SITUATION:
Officer Guillaume passed his Level I exam on October 31, 2008 thereby making him qualified as a Code
Compliance Officer as per the job classification specification. It was always our intent to eliminate the
title/position of Code Compliance Inspector once Officer Guillaume either passed his Levell certification or
left the division. Furthermore, it was our intent and understanding the "ladder" progression was put in place to
encourage and reward our officers for their time in the position and continued pursuit of higher certification
levels. It was fortunate that Officer Guillaume came into his employment with us during the time we were
amending our organizational stmctme however now it would become unfortunate if he were to be denied this
promotion. You'll also need to note our current year Organizational Chart inadvertently included Officer
'uillaume as a Code Compliance Officer as opposed to his position at the time as a Code Compliance
JlSpector.
Page
SUMMARY:
Officer Guillaume has performed the duties required of a Code Compliance Officer since his hire in 1999, but
without t.he additional pay due to his inability to pass the Levell certification exam. Based on the above, it's
my recommendation he be promoted to a Code Compliance Officer at pay grade 16 as per the pay plan
established subsequent to his hire. Should there be any questions with respect to this correspondence and
recommendation please don't hesitate to contact me at your convenience.
~DISAPPROVED
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CITY OF BOYNTON BEACH
PERSONNEL RECLASSIFICATION REQUEST WORKSHEET
BUDGET YEAR 2008 - 2009
For HR Use Only:
Appvd _ Denied_
Date By
Department: Police
Division: Code Compliance
Fund:
Department Number:
PERSONNEL RECLASSIFICATION EXPENSES
WAGES
Regular
Holiday
Overtime
Other/Allowances - (specify)
H rly Rate
$2.49
+
Annual Hrs
2080
$
5,188
o
o
o
o
S. 188
Total
FRINGE BENEFITS (Indicate # of Positions if Part-Time to Full-Time: rn)
Employers FICA (7.65%)
Disability Insurance (0.56%) NOTE: Do not apply to certified Police Officers & Firefighters
Workers Compensation (See Comp Rates in chart at right) 2.4887%
Life Insurance (See Rates in chart at right) .. $4.90
Health Insurance ($425.00 per month) ..
Dental Insurance ($34.45 per month) ..
Other - (specify)
397
29
129
o
o
o
o
Total 555
.. Do not use unless reclassifying from part-time to full-time
Total (19,99 Allowance for New IReclass - Personnel Cost)
1$ b,l43.21 I
OPERATING EXPENSES (Also itemize in Allow for New/Reclass-Operating exp detail)
Acct # Acct Description Detail
Total (59.99 Allowance for New/Reclass - Operating Expenses)
Total
l $
GRAND TOTAL
$ 5,743.21
Page 2
1/3012009
Name:
Department:
Account #:
Luney Guillaume
Police
EMPLOYEE ACTIVITY REPORT
City Of Boynton Beach
Employee #: 2392
Division:
Code Compliance
2120
Date: 2009 F~/.Q~ 4H /0: 32
Department will,share advertising costs: [J
~ '_ ,J" _
o EMPLOYMENT REQUISITION
Requestor:
Job Title:
o Contract
o Full time
Pay Grade:
o
Replacement for:
Yes 0 No
Effective Date:
Job #:
D Part time
D Temporary
o Seasonal Shift:
Days/Hours:
Annually:
Internal Applicants Only: DYes 0 No
Salary:
Hourly:
State Preferences Not Included
in the Job Description:
Dept. Director: City Manager:
Attach -ustification for this re uest and forward to Human Resource Director.
o NEW HIRE D ADDRESS J PHONE J NAME CHANGE Emergency Event Designation Code:
Social Security #:
Address:
City/State/Zip:
Effective Date:
Phone #:
o EMPLOYEE ACTIVITY Attach Documentation
o Transfer*
[ZI Reclassification
Effective Date: 2/17/09
Scheduled Hours:
From Dept. #
To Dept. #
From Job#: 11782
To Job #- 11762
From Pay Grade: 11
SALARY CHANGE:
.(Explaln in comments section)
D Promotion
D Demotion*
o Administrative Leave* - (SELECT ONE)
o Temporary Assignment* (% Change)
From:
To:
Dates"
Dept. Name
Dept. Name
Job Name
Job Name
Code Compliance Inspector
Code Compliance Officer
To Pay Grade: 16
Hourly:
From: 19.3290 To: 21.8233
COMMENTS: Justification for
action or additional information:
o RETIREMENT D
Last Day:
Human Resources Use Only
Birth Date
x
Annually:
Re-c1assification as a result of Officer Guillaume passing his FACE (Florida
Association of Code Enforcement) Levell Cert. Exam.
RESIGNATION 0 TERMINATION Attach Documentation
Effective Date:
Reason:
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TERM
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Date
Date
Employee
l.ast Revised - 05/02/04
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VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested city Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
0 December 16, 2008 December I, 2008 (Noon) t81
0 January 6, 2009 December 15, 2008 (Noon) 0
0 January 20, 2009 JlIIlU8IY 5,2009 (Noon) 0
0 Febrwtty 3, 2009 January 19,2009 (Noon) 0
Requested City Commission Date Final Form Must be Turned in
Meetine: Dates to City Clerk's Office -
February 17, 2009 February 2, 2009 (Noon)
March 3, 2009 February 17, 2009 (Noon)
March 17,2009
March 2, 2009 (Noon)
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March 16, 2009 (Noon)~
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April 7, 2009
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report -0
o New Business :I:
O U1
..
o
o
Legal
Unfinished Business
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RECOMMENDATION: Approve resolution No. 09-03$ to establish a Governmental Money Purchase Plan and Trust
401(a) for all full-time employees of the City of Boynton Beach and execute Administrative Service Agreements to appoint
Nationwide Retirement Solutions (NRS) and ICMA Retirement Corporation (lCMAlRC) as Plan administrators.
EXPLANATION: The City currently offers a 457 Retirement Savings Plan which has an IRS contribution limitation in
2009 of $16,500 annually, with a $5,500 "Age 50" Catch-Up limit In 2009, the 401(a) plan IRS contribution limitation is
$49,000, thus employees will be provided with another benefit option to save money for their retirement with a higher
contribution limit.
Specific details regarding the 401(a) plan are attached as follows:
. Nationwide Retirement Solutions, Inc., Model Government Defined Contribution Plan and Trust (Exhibit 1)
. Adoption Agreement for Nationwide Retirement Solutions (Exhibit 2)
. ICMA 401 Governmental Money Purchase Plan (Exhibit 3)
. Administrative Services Agreement between ICMA Retirement Corporation and City of Boynton Beach (Exhibit 4)
. ICMA 401 Governmental Money Purchase Return Booklet (Exhibit 5)
PROGRAM IMPACT: The advantages of offering a Governmental Money Purchase Plan and Trust 401 (a) plan include:
. The City is creating a fuller benefits package, which may aid in the attraction and retention of employees by
establishing a 401(a) plan.
. Offering an additional savings vehicle may better prepare employees for financial stability during retirement.
. A 401 (a) Plan provides flexibility in plan design.
. Contributions to a 401 (a) plan do not reduce the amount participants can defer to their 457 plan account.
. The 2009 Annual Deferral Limit for 457 plans is $16,500 with a $5,500 "Age 50" Catch-Up Limit. By offering
the 401(a) employees will have the ability to contribute up to $49,000, the maximum annual limit.
FISCAL IMPACT: There is no employer match for contributions made to the 40 1 (a) plan, thus, there will be no fiscal
impact to the City.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
ALTERNATIVES: Do not offer the 40la plan and the existing 457 plan will be the only option for lump sum retirement
pre-taxed savings.
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City Manager's Signature
Assistant to City Manager ~
Hwnan Resources
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R09-035
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AND
7 AUTHORIZING THE CITY MANAGER EXECUTE THE
8 NECESSARY DOCUMENTS TO EST ABLISH A
9 GOVERNMENTAL MONEY PURCHASE PLAN AND
10 TRUST 401(a) FOR ALL FULL-TIME EMPLOYEES OF
II THE CITY OF BOYNTON BEACH; AUTHORIZING
12 THE CITY MANAGER TO EXECUTE THE
13 ADMINISTRATIVE SERVICE AGREEMENTS
14 APPOINTING NATIONWIDE RETIREMENT
IS SOLUTIONS AND ICMA RETIREMENT
16 CORPORA TION AS PLAN ADMINISTRTORS; AND
17 PROVIDING AN EFFECTIVE DATE.
18
19
20 WHEREAS, the City Commission of the City of Boynton Beach, upon
21 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
22 City of Boynton Beach to approve and authorize the City Manager to execute the necessary
23 documents to establish a Governmental Money Purchase Plan & Trust 401(a) for all full-time
24 employees of the City of Boynton Beach and to authorize the City Manager to execute the
25 Administrative Service Agreements appointing Nationwide Retirement Solutions and ICMA
26 Retirement Corporation as Plan Administrators.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
30 as being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. Upon recommendation of staff, the City Commission of the City of
S:\CA\RESO\Deferred Compensation Plan amendment (40 1 a).doc
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Boynton Beach, Florida does hereby approve and authorize the City Manager to execute the
2 necessary documents to establish a Governmental Money Purchase Plan & Trust 401 (a) for
3 all full-time employees of the City of Boynton Beach and to authorize the City Manager to
4 execute the Administrative Service Agreements appointing Nationwide Retirement Solutions
5 and ICMA Retirement Corporation as Plan Administrators, copies of which are attached
6 hereto as Composite Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of February, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Deferred Compensation Plan amendment (40Ia).doc
- 2 -
NATIONWIDE RETIREMENT SOLUTIONS, INC.
MODEL GOVERNMENTAL
DEFINED CONTRIBUTION PLAN AND TRUST
. EXHIBIT
i I
I
A.
) ARTICLE I - DEFINITIONS ............................... . ......
, 1.1 - "Administrator" ............................................"...,
1.2 - "Adoption Agreement" ................................,........ .......... .............
1 J - "Aggregate Account" .............................................. .......... .................. ..,. ...... .............
] ,4 - "Anniversary Date" ......................"........................................ .................. .......".....
].5 - "Beneficiary" ...................................................................."............................. ."....". ..
1.6 - "Code" ..............,........................................................................................".......,......."....................". '" ..........
1.7 - "Compensation" .................",........"..,.............................,..............,,,......,.....,.........,....... ,.", .......".. ..., , .. .........
].8 - "Designated Investment Alternative" .................................................................................................................. _
1.9 - "Directed Investment Option" .............................................................................................................. ...................~
1.]0 - "Contract" or "Policy" ...................................................................................................................... ..... ............ .
1.11 - "Early Retirement Date" ............................................................ ..................... .............. ................ . '''''.., .... ........_
1.12 - "Elective Contribution" .............................................................................................. ..... ..........
1,13 - "Eligible Employee" .................................................................................... '...'.........
1.14 - "Employee" ................................................................................................... ..............
1.]5 - "Employer"............................................................................................. ...... .............. ................ ., ...... .........
1.16 - "Excess Compensation" ........................................................... ....... ...........,... .............
1.17 - "Excess Deferrals" ......................................................................................... .... ..........
1.18 - "Fiscal Year" ....................................................... ............................. .............. ............. .................
1.19 - "Forfeiture" .................................................................."......................"...... .."..... ..". .."............
1.20 - "Former Participant" ........................................,.......................,.... ................. ............... '" ...........
].2] - "415 Compensation"................................................................"..."............... .......,........... .........
] .22 - "Highly Compensated Employee" .......................................................................,........,......,.......
1.23 - "Hour of Service" .........................................................................".............................................,..
1.24 - "Insurer" ....... ........ ......... ...... ..... ....................... ....... ............. .....................,....,..............................
1.25 - "Investment Manager" ................................................................................... .....................' ........ ..... . ................ , 4
1.26 - "Joint and Survivor Annuity" ...................................................................................................... ..4
1.27 - "Late Retirement Date" . ..... .........,......................,.................. ....... ....... .......,............,...................
1.28 - "Leased Employee" ................................................................................... ..,..........................
1.29 - "Mandatory Employee Contribution" ........................................................................ ..................
1.30 - "Non-Elective Contribution" ..........................................,........................................,. .............,....
] .31 - "Normal Retirement Age" ... .................................... ...................................................................
1.32 - "Normal Retirement Date" ............................................ ....................................... .........
1.33 - "One-Year Break in Service" .............. ......... .................. .......... ................................. ...... .........
] .34 - "Participant" ..................................,............................................. ................... ......... .,. ..... ,. ...,...,.,..
1.35 - "Participant Direction Procedures" .................. ......... .................. .................... ..............................
1.36 - "Participant's Account" .......,.............,.... .,...........,.................................. ......................,.. ...........
1.37 - "Participant's Combined Account" ............................................................................,...............
1.38 _ "Participant's Elective Account" .............................................................................................
1.39 - "Participant's Rollover Account".............................................................................................. ........ ...........
1.40 - "Plan" ....................................................... ....... .....,........ .,...........................,...................,.,.......
1.41 - "Plan Year" ....................................................................................... .............. ............ ................
1.42 - "Pre-Retirement Survivor Annuity".............................. ..............................................,.............
1.43 - "Regulation" ,...........................................,...... ....... ...,......... ............... .,.... ................... ,., ,........'.'
1.44 - "Retired Participant" ................................................ ........................ ............
1.45 - "Retirement Date" .. .................................................. ............. .....................................
].46 - "Salary Deferrals" .............................................. ................. ..................... ..., .. ........... ." ............
1.47 - "Short Plan Year" .................................................................................................... ..................
1.48 - "Taxable Wage Base" ...................................................................................................................
1.49 - "Terminated Participant" ...................... .............. .........................................., ............. .. .............
1.50. "Total and Permanent Disability" ............................................................................
1.51 - "Trustee" .............,..... ,....,......... .............................................................. ..,................ ..,.,. ... ........
1.52 - "Trust Fund" ....,...................................................................................... .................... ....
1.53 - "Vested Contributions" .................... ........ ............................... ..... ............ ....................
1.54 - "Voluntary Contribution Account" "............................ ........................... .............,
1.55 - "Year of Service" ............................... ........ ................ .... ............ ................... .........
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ARTICLE II - ADMINISTRATION ....................................................................................................................................8
) 2.1 - POWERS AND RESPONSIBILITIES OF THE EMPLOYER...............................................................................8
2.2 - DESIGNATION OF ADMINISTRATIVE AUTHORITy......................................................................................8
2.3 - ALLOCATION AND DELEGATION OF RESPONSIBILITIES........................................................................... 8
2.4 - POWERS AND DUTIES OF THE ADMINISTRATOR ........................................................................................8
2.5 - RECORDS AND REPORTS ...................................................................................................................................9
2.6 - APPOINTMENT OF ADVISERS ...........................................................................................................................9
2.7 - INFORMATION FROM EMPLOYER ...................................................................................................................9
2.8 - PAYMENT OF EXPENSES .............................................................. .............. ....... ................... .............................. 9
2.9 - MAJORITY ACTIONS .........................................................................................................................................10
2.10 - CLAIMS PROCEDURE ........................................................................................................ ..............................10
ARTICLE III - ELIGIBILITY............................................................................................................................................11
3.1 - CONDITIONS OF ELIGIBILITY .........................................................................................................................11
3.2 - EFFECTIVE DATE OF PARTICIPATION ..........................................................................................................11
3.3 - DETERMINATION OF ELIGIBILITY ................................................................................................................11
3.4 - TERMINATION OF ELIGIBILITY......................................................................................................................11
3.5 - OMISSION OF ELIGIBLE EMPLOYEE .............................................................................................................11
3.6 - INCLUSION OF INELIGIBLE EMPLOYEE .......................................................................................................11
3.7 - ELECTION NOT TO PARTICIPATE ..................................................................................................................11
3.8. VESTING SCHEDULE FOR MATCHING CONTRIBUTIONS .........................................................................12
ARTICLE IV - CONTRIBUTION AND ALLOCATION .................................................................................................13
4.1 - FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION ...............................................................13
4.2 - TIME OF PAYMENT OF EMPLOYER'S CONTRIBUTION.............................................................................. 13
4.3 - ALLOCATION OF CONTRIBUTION, FORFEITURES AND EARNINGS....................................................... 13
4.4 - MAXIMUM ANNUAL ADDITIONS ...................................................................................................................15
4.5 - ADJUSTMENT FOR EXCESSIVE ANNUAL ADDITIONS ..............................................................................19
4.6 - TRANSFERS AND ROLLOVERS.......................................................................................................................19
4.7 - VOLUNTARY CONTRIBUTIONS ......................................................................................................................20
4.8 - DIRECTED INVESTMENT ACCOUNT .............................................................................................................21
4.9 - MANDATORY EMPLOYEE CONTRIBUTIONS...............................................................................................21
4.10 - INTEGRATION IN MORE THAN ONE PLAN.................................................................................................21
ARTICLE V - V ALUA TIONS...................................... ..................................................................................................... 22
5.1 - VALUATION OF THE TRUST FUND ................................................................................................................22
5.2 - METHOD OF VALUATION ................................................................................................................................22
ARTICLE VI - DETERMINATION AND DISTRIBUTION OF BENEFITS..................................................................23
6.1 - DETERMINATION OF BENEFITS UPON RETIREMENT ...............................................................................23
6.2 - DETERMINATION OF BENEFITS UPON DEATH...........................................................................................23
6.3 - DETERMINATION OF BENEFITS IN EVENT OF DISABILITY.....................................................................23
6.4 - DETERMINATION OF BENEFITS UPON TERMINATION .............................................................................23
6.5 - DISTRIBUTION OF BENEFITS ..........................................................................................................................25
6.6 - DISTRIBUTION OF BENEFITS UPON DEATH................................................................................................28
6.7 - TIME OF SEGREGATION OR DISTRIBUTION................................................................................................29
6.8 - DISTRIBUTION FOR MINOR BENEFICIARY .................................................................................................. 29
6.9 - LOCATION OF PARTICIPANT OR BENEFICIARY UNKNOWN ................................................................... 30
6.10 - PRE-RETIREMENT DISTRIBUTION ...............................................................................................................30
6.11 - ADVANCE DISTRIBUTION FOR HARDSHIP ................................................................................................ 30
6.12. QUALIFIED DOMESTIC RELATIONS ORDER DISTRIBUTION .................................................................31
6.13 - SPECIAL RULE FOR NON-ANNUITY PLANS ...............................................................................................31
6.14 . REQUIRED MINIMUM DISTRIBUTIONS ...................................................................................... ................. 31
6.15 - INVOLUNTARY DISTRIBUTIONS .................................................................................................................33
ARTICLE VII - TRUSTEE ............................................. ............ ............................... ........................................................ 34
7.1 - BASIC RESPONSIBILITIES OF THE TRUSTEE...............................................................................................34
7.2 - INVESTMENT POWERS AND DUTIES OF THE TRUSTEE ...........................................................................34
7.3 - OTHER POWERS OF THE TRUSTEE................................................................................................................35
7.4 - LOANS TO PARTICIPANTS ...............................................................................................................................37
7.5 - DUTIES OF THE TRUSTEE REGARDING PAYMENTS.................................................................................. 38
7.6 - TRUSTEE'S COMPENSATION AND EXPENSES AND TAXES......................................................................38
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7.7 - ANNUAL REPORT OF THE TRUSTEE............................................... .... ........ ..... .3g
7.8 - RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE .".....".................. . '.., .~~~i
7.9 - TRANSFER OF INTEREST.........................................................................,............................... ......39
7.10 - TRUSTEE INDEMNIFICATION .............................................................................. ......... ......4(;
ARTICLE VIII - AMENDMENT, TERMINATION, AND MERGERS........... ......,............. .......... .41
8.1 - AMENDMENT .......,.. ....... ........... ...... .... ...........,.....",..,..., ,. .",.,.......", ,.".,... ....,..".",,"....,... "' .,."....... -+ .:
8.2 - TERMINATION ....................................................... ........ ................................................ ....... ........4;
8.3 - MERGER OR CONSOLIDATION ................................... ......................... ................ ............................41
ARTICLE IX - MISCELLANEOUS ....................... ....................... ................. ...... ........ ...... ...... ........ ...... . . ........ ......... 4~
9.1 - EMPLOYER ADOPTIONS ........................................................................................ .............................. 4.'
9.2 - PARTICIPANT'S RIGHTS....................................................................................................... .....................42
9.3 - ALIENATION .............,.....................,..,...................................,.................... '..............,............. .....,.. ...............,4::'
9.4 - CONSTRUCTION OF PLAN....................................................................................................... .... ...... ...........42
9.5 - GENDER AND NUMBER ............... ............,......... ...... ..... ....,......,... ...,.,.........,.... .... ,..... .,...... ....................... ........43
9.6 - LEGAL ACTION.............................................................""....."........"...........................".........." .......... ............43
9.7 - PROHIBITION AGAINST DIVERSION OF FUNDS.........................................""................. .... ... ............A~
9.8 - EMPLOYER'S AND TRUSTEE'S PROTECTIVE CLAUSE........................................ ............. .........4:'
9.9 - INSURER'S PROTECTIVE CLAUSE .................."............................................................................43
9.10 - RECEIPT AND RELEASE FOR PAYMENTS............................................................ ........... ........43
9.11 - ACTION BY THE EMPLOyER...."..............."...."............................".................................................41
9,12 - HEADINGS ...."..............................................................................................."................,........... .. .... ............J.4
9.13 - APPROVAL BY INTERNAL REVENUE SERVICE................................................ .. ................,.44
9.14 - UNIFORMITy.............. ..........,. ........... .......... .................................................,............................., .., ................. 44
9.15 - PAYMENT OF BENEFITS.......................................................................................................... .... ....... .......44
9.16 - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT ACT............................ ...........44
ARTICLE X - PARTICIPATING EMPLOYERS................................................................................... ............4'
10.1 - ELECTION TO BECOME A PARTICIPATING EMPLOYER .................................................... ......... .4'
10.2 - REQUIREMENTS OF PARTICIPATING EMPLOYERS ....... ..............,.........................., ...........4~
10.3 - DESIGNATION OF AGENT ................................................................................................... ....................4)
10.4 - EMPLOYEE TRANSFERS ........................................................................................... ..................4:
10.5 - PARTICIPATING EMPLOYER'S CONTRIBUTION AND FORFEITURES......... ... .............. ..... ............((1
10.6 - AMENDMENT............................................................ .."........................................... ................. ..................4b
10.7 - DISCONTINUANCE OF PARTICIPATION...................................... ..................................41>
10.8 - ADMINISTRATOR'S AUTHORITy............................................................................,.......... ........................46
ARTICLE XI - CASH OR DEFERRED PROVISIONS...................................................................... . .......,.... ...... "
11.1 - FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION ..................... ...... .... . ..... 4'
11.2 - PARTICIPANT'S SALARY REDUCTION ELECTION ............................................................... ,r
11.3 - ALLOCATION OF CONTRIBUTION, FORFEITURES AND EARNINGS..................................~O
11.4 - ADVANCE DISTRIBUTION FOR HARDSHIP .............................. ..................,..., '!i
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ARTICLE I - DEFINITIONS
As used in this Plan, the following words and phrases shall have the meanings set forth herein unless a different meaning
is clearly required by the context:
1.1 _ "Administrator" means the person(s) or entity designated by the Employer pursuant to Section 2.2 to administer
the Plan on behalf of the Employer.
1.2 - "Adootion A2reement" means the separate agreement, which is executed by the Employer and accepted by the
Trustee, which sets forth the elective provisions of this Plan and Trust as specified by the Employer.
1.3 _ "A22re2ate Account" means with respect to each Participant, the value of all accounts maintained on behalf of a
Participant, whether attributable to Employer or Employee contributions, subject to the provisions of Section 4.3
1.4 - "Anniversarv Date" means the anniversary date specified in C3 of the Adoption Agreement.
1.5 - "Beneficiarv" means the person to whom a share of a deceased Participant's interest in the Plan is payable, subject
to the restrictions of Sections 6.2 and 6.6.
1.6 - "Code" means the Internal Revenue Code of 1986, as amended from time to time.
1. 7 - "Comoensation" with respect to any Participant means one of the following as elected in the Adoption Agreement.
(a) Information required to be reported under Code Sections 6041, 6051 and 6052 (Wages, tips and other Compensation
Box on Form W-2). Compensation is defined as wages, as defined in Code Section 3401(a), and all other payments of
compensation to an Employee by the Employer (in the course of the Employer's trade or business) for which the
Employer is required to furnish the Employee a written statement under Code Sections 6041(d), 6051(a)(3) and 6052.
Compensation must be determined without regard to any rules under Code Section 3401(a) that limit the remuneration
included in wages based on the nature or location of the employment or the services performed (such as the exception for
agricultural labor in Code Section 3401(a)(2)).
(b) Code Section 3401(a) wages. Compensation is defined as an Employee's wages within the meaning of Code Section
3401(a) for the purposes of income tax withholding at the source but determined without regard to any rules that limit the
remuneration included in wages based on the nature or location of the employment or the services performed (such as the
exception for agricultural labor in Code Section 3401(a)(2)).
( c) Code Section 415 safe-harbor Compensation. Compensation is defined as wages, salaries, and fees for professional
services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services
actually rendered in the course of employment with the Employer maintaining the Plan to the extent that the amounts are
includible in gross income (including, but not limited to, commissions paid salespersons, compensation for services on
the basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits, and
reimbursements, or other expense allowances under a nonaccountable plan (as described in Regulation Section 1.62-
2(c)), and excluding the following:
(1) Employer contributions to a plan of deferred compensation which are not includible in the Employee's gross
income for the taxable year in which contributed, or Employer contributions under a simplified employee pension
plan to the extent such contributions are excludable from the Employee's gross income, or any distributions from a
plan of deferred compensation; and
(2) Other amounts which received special tax benefits, or contributions made by the Employer (whether or not
under a salary reduction agreement) towards the purchase of an annuity contract described in section 403(b) of the
Internal Revenue Code (whether or not the contributions are actually excludable from the gross income of the
Employee).
For Plan Years beginning on or after January 1, 1989, and before January 1, 1994, the annual Compensation of each
Participant taken into account for determining all benefits provided under the Plan for any Plan year shall not exceed
@ 2006 Nationwide Retirement Solutions, Inc.
S200,000. This limitation shall be adjusted by the Secretary at the same time and in the same manner as under Code
Section 415(d), except that the dollar increase in effect on January I of any calendar year is effective for Plan Years
beginning in such calendar year and the first adjustment to the S200,000 limitation is effective on January]. ] 990.
For Plan Years beginning on or after January 1, 1994, Compensation in excess of S150,000 (or such other amount
provided in the Code) shall be disregarded for all purposes other than for purposes of salary deferral elections. Such
amount shall be adjusted by the Commissioner for increases in the cost-of-living in accordance with Code Section
401 (a)(l7)(B). The cost-of-living adjustment in effect for a calendar year applies to any determination period beginning
in such calendar year. If a determination period consists of fewer than twelve (12) months, the $150,000 annual
Compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination
period, and the denominator of which is twelve (12)
If Compensation for any prior determination period is taken into account in determining a Participant's allocations for the
current Plan Year, the Compensation for such prior determination period is subject to the applicable annual
Compensation limit in effect for that prior period. For this purpose, in determining allocations in Plan Years beginning
on or after January 1, 1989, the annual compensation limit in effect for determination dates beginning before that date is
$200,000. In addition, in determining allocations in Plan Years beginning on or after January I, 1994, the annual
Compensation limit in effect for determination periods beginning before that date is $150,000.
The annual compensation of each participant taken into account in determining allocations for any plan year beginning
after December 31, 2001, shall not exceed $200,000, as adjusted for cost-of-Iiving increases in accordance with Section
401(a)(l7)(B) of the Code. Annual compensation means compensation during the plan year or such other consecutive 12-
month period over which compensation is otherwise determined under the plan (the determination period). If this is a
target benefit plan, for purposes of determining benefit accruals in a plan year beginning after December 31, 200 I
compensation for any prior determination period shall be limited to $200,000 unless elected otherwise by the Employer.
The cost-of-Iiving adjustment in effect for a calendar year applies to annual compensation for the determination period
that begins with or within such calendar year.
Notwithstanding the foregoing, except as otherwise elected in a non-standardized Adoption Agreement, the family
member aggregation rules of Code Sections 401(a)(17) and 414(q)(6) as in effect prior to the enactment of the Small
Business Job Protection Act of 1996 shall not apply to this Plan effective with respect to Plan Years beginning after
December 31, 1996.
If, in the Adoption Agreement, the Employer elects to exclude a class of Employees from the Plan, then Compensation
for any Employee who becomes eligible or ceases to be eligible to participate during a determination period shall only
include Compensation while the Employee is an Eligible Employee.
If, in connection with the adoption of any amendment, the definition of Compensation has been modified, then, except as
otherwise provided herein, for Plan Years prior to Plan Year which includes the adoption date of such amendment,
Compensation means compensation determined pursuant to the terms of the Plan then in effect.
1.8 - "Desie:nated Investment Alternative" means a specific investment identified by name by the Employer (or such
other Fiduciary who has been given the authority to select investment options) as an available investment under the Plan
to which Plan assets may be invested by the Trustee pursuant to the investment direction of a Participant.
1.9 - "Directed Investment Option" means a Designated Investment Alternative and any other investment permitted by
the Plan and the Participant Direction Procedures to which Plan assets may be invested pursuant to the investment
direction of a Participant.
1.10 - "Contract" or "Policv" means any life insurance policy, retirement income policy, or annuity contract (group or
individual) issued by the Insurer. In the event of any conflict between the terms of this Plan and the terms of any Contract
or Policy purchased hereunder, the Plan provisions shall control.
1.11 - "Earlv Retirement Date" means the date specified in the Adoption Agreement on which a Participant or Former
Participant has satisfied the age and service requirements specified in the Adoption Agreement (Early Retirement Age).
A Former Participant who terminates employment after satisfying the service requirement for Early Retirement and who
@ 2006 Nationwide Retirement Solutions, Inc.
thereafter reaches the age requirement contained herein shall be entitled to receive his benefits under this Plan.
1.12 - "Elective Contribution" means the Employer's contributions to the Plan that are made pursuant to the
Participant's deferral election pursuant to Section 11.2, excluding any such amounts distributed as "excess annual
additions" pursuant to Section 4.5. In addition, if selected in the Adoption Agreement, the Employer's matching
contribution made pursuant to Section 11.1(a) shall or shall not be considered an Elective Contribution for purposes of
the Plan, as provided in Section 11.1 (a). Elective Contributions shall be subject to the requirements of Sections 11.2(b)
and 11.2(c).
1.13 - "Elie:ible Emplovee" means any Employee specified in D1 of the Adoption Agreement.
1.14 - "Emplovee" means any person who is employed by the Employer, but excludes any person who is employed as an
independent contractor. The term Employee shall also include Leased Employees deemed to be an Employee as provided
in Code Sections 414(n) or (0).
1.15 - "Emplover" means the entity specified in the Adoption Agreement, any Participating Employer (as defmed in
Section 10.1) which shall adopt this Plan, and any successor which shall maintain this Plan and any predecessor which
has maintained this Plan.
1.16 - "Excess Compensation" means, with respect to a Plan that is integrated with Social Security, where the Employer
elected such integration in the Adoption Agreement, a Participant's Compensation which is in excess of the amount set
forth in the Adoption Agreement.
1.17 - "Excess Deferrals" means, with respect to any taxable year of a Participant, the excess of the aggregate amount of
such Participant's deferrals and the elective deferrals pursuant to Section 11.2(i) actually made on behalf of such
Participant for such taxable year, over the dollar limitation provided for in Code Section 402(g), which is incorporated
herein by reference, except to the extent permitted under Section 4.7(i) and Section 414(v) of the Code. Excess Deferrals
shall be treated as an "annual addition" pursuant to Section 4.4 when contributed to the Plan unless distributed to the
affected Participant not later than the first April 15th following the close of the Participant's taxable year.
1.18 - "Fiscal Year" means the Employer's accounting year as specified in the Adoption Agreement.
1.19 - "Forfeiture" means that portion ofa Participant's Account that is not Vested, and occurs on the earlier of:
(a) the distribution ofthe entire Vested portion ofa Participant's Account, or
(b) the last day of the Plan Year in which the Participant incurs five (5) consecutive I-Year Breaks in Service.
Furthermore, for purposes of paragraph (a) above, in the case ofa Terminated Participant whose Vested benefit is zero,
such Terminated Participant shall be deemed to have received a distribution of his Vested benefit upon his termination of
employment. In addition, the term Forfeiture shall also include amounts deemed to be Forfeitures pursuant to any other
provision of this Plan.
1.20 - "Former Participant" means a person who has been a Participant, but who has ceased to be a Participant for any
reason.
1.21 - "415 Compensation" means compensation as defmed in Section 4.4(e)(2). If, in connection with the adoption of
any amendment, the definition of "415 Compensation" has been modified, then, for Plan Years prior to the Plan Year
which includes the adoption date of such amendment, "415 Compensation" means compensation determined pursuant to
the Plan then in effect.
1.22 - "Hie:hlv Compensated Emplovee" means an individual who has compensation in excess of$80,000 (as indexed)
from the Employer in the immediate prior year and, if the Employer elects the application of this clause for the preceding
year, was in the top paid group of employees for such preceding year.
For this purpose, an employee is in the top paid group of employees for any year if such employee is in the group
consisting of the top 20 percent of the employees when ranked on the basis of compensation paid during such year.
~ 2006 Nationwide Retirement Solutions, Inc.
3
1.23 - "Hour of Service" means (1) each hour for which an Employee is directly or indirectly compensated or entitled to
compensation by the Employer for the performance of duties during the applicable computation period; (2) each hour for
which an Employee is directly or indirectly compensated or entitled to compensation by the Employer (irrespective of
whether the employment relationship has terminated) for reasons other than performance of duties (such as vacation,
holidays, sickness, jury duty, disability, lay-off, military duty or leave of absence) during the applicable computation
period; or (3) each hour for which back pay is awarded or agreed to by the Employer without regard to mitigation of
damages. The same Hours of Service shall not be credited both under (1) or (2), as the case may be, and under (3)
Notwithstanding the above, (i) no more than 501 Hours of Service are required to be credited to an Employee on account
of any single continuous period during which the Employee performs no duties (whether or not such period occurs in a
single computation period); (ii) an hour for which an Employee is directly or indirectly paid, or entitled to payment, on
account of a period during which no duties are performed is not required to be credited to the Employee if such payment
is made or due under a plan maintained solely for the purpose of complying with applicable worker's compensation, or
unemployment compensation or disability insurance laws; and (iii) Hours of Service are not required to be credited for a
payment whioh solely reimburses an Employee for medical or medically related expenses incurred by the Employee,
For purposes of this Section, a payment shall be deemed to be made by or due from the Employer regardless of whether
such payment is made by or due from the Employer directJy, or indirectly through, among others, a trust fund, or insurer,
to which the Employer contributes or pays premiums and regardless of whether contributions made or due to the trust
fund, insurer, or other entity are for the benefit of particular Employees or are on behalf of a group of Employees in the
aggregate.
An Hour of Service must be counted for the purpose of determining a Year of Service, a year of participation for
purposes of accrued benefits, a One-Year Break in Service, and employment commencement date (or reemployment
commencement date).
Hours of Service will be credited for employment for any individual considered to be a Leased Employee pursuant to
Code Sections 414(n) or (0) and the Regulations thereunder.
Hours of Service will be determined on the basis of the method selected in the Adoption Agreement.
1.24 - "Insurer" means Nationwide Life Insurance Company or any of its affiliates or subsidiaries, or any legal reserve
insurance company which has issued one or more Contracts or Policies under the Plan prior to the adoption of this Plan,
1.25 - "Investment Manae:er" means an entity that (a) has the power to manage, acquire, or dispose of Plan assets and
(b) acknowledges fiduciary responsibility to the PJan in writing. Such entity must be a person, firm, or corporation
registered as an investment adviser under the Investment Advisers Act of 1940, a bank, or an insurance company.
1.26 - "Joint and Survivor Annuity" means, if the Employer ejects to provide such optional form of benefit in the
Adoption Agreement, an annuity for the life of a Participant with a survivor annuity for the life of the Participant's spouse
which is not less than 1/2, nor greater than the amount of the annuity payable during the joint lives of the Participant and
the Participant's spouse. The Joint and Survivor Annuity will be the amount of benefit which can be purchased with the
Participant's Vested interest in the Plan,
1.27 - "Late Retirement Date" means the date of, or the first day of the month or the Anniversary Date coinciding with
or next following, whichever corresponds to the election made for the Normal Retirement Date, a Participant's actuaJ
retirement after having reached his Nonnal Retirement Date.
1,28 - "Leased Emplovee" means, with respect to PJan Years beginning on or after January J, 1997, any person (other
than an Employee of the recipient) who pursuant to an agreement between the recipient and any other person ("leasing
organization") has performed services for the recipient (or for the recipient and related persons determined in accordance
with Code Section 4l4(n)(6)) on a substantially full time basis for a period of at least one year, and such services are
performed under the primary direction or control of the recipient Employer. Contributions or benefits provided a leased
employee by the leasing organization which are attributable to services performed for the recipient employer shall be
treated as provided by the recipient employer.
@ 2006 Nationwide Retirement Solutions, Inc.
A Leased Employee shall not be considered an Employee of the recipient if: (i) such employee is covered by a money
purchase pension plan providing: (1) a nonintegrated employer contribution rate of at least 10 percent of compensation,
as defined in Code Section 415(c)(3), but including amounts contributed pursuant to a salary reduction agreement which
are excludable from the employee's gross income under Code Sections 125, 402(e)(3), 402(h), 403(b) or 457(b), (2)
immediate participation, and (3) full and immediate vesting; and (ii) leased employees do not constitute more than 20
percent of the recipient's nonhighly compensated workforce.
1.29 - "Mandatory Emolovee Contribution" means Participant contributions which are to be made as a condition of
employment with the Employer. Pursuant to Code Section 414(h), such contributions shall be picked up by the Employer
and are deemed to be employer contributions and are not taxable income to the employee.
1.30 - "Non-Elective Contribution" means the Employer's contributions to the Plan other than those made pursuant to
the Participant's deferral election made pursuant to Section 11.2. In addition, if selected in E3 of the Adoption
Agreement, the Employer's Matching Contribution made pursuant to Section 4.3(b) shall be considered a Non-Elective
Contribution for purposes of the Plan.
1.31 - "Normal Retirement Al!e" means the age specified in the Adoption Agreement at which time a Participant shall
become fully Vested in his or her participant's account.
1.32 - "Normal Retirement Date" means the date specified in the Adoption Agreement on which a Participant shall
become eligible to have his or her benefits distributed to him or her.
1.33 - "One-Year Break in Service" means (a) if the Hours method is selected in the Adoption Agreement, the
applicable computation period during which an Employee has not completed more than 500 Hours of Service with the
Employer; or (b) if the elapsed time method is selected in the Adoption Agreement, a Period of Severance of at least 12
consecutive months. Period of Severance means the period commencing with the earlier of:
(i) the date an Employee separates from service by reason of quitting, retirement, death or discharge;
or,
(H) the first anniversary of the first day of the period in which an employee remains absent from
service (with or without pay) for any reason other than quitting, retirement, death or discharge; or(Hi)
the second anniversary of the first day of the period in which an Employee remains absent from
service (with or without pay) because ofa "maternity or paternity leave of absence", and ending with
the date such Employee resumes service. A Break in Service shall not include (i) any period during
which the Employee is absent in the service of the armed forces of the United States, including any
period during which his reemployment rights as a veteran are protected by law; (H) any period during
which the Employee is on a leave of absence authorized by the Employer not to exceed two years
(which leaves shall be granted on a nondiscriminatory basis to all Employees similarly situated),
provided, however, that if the Employee fails to return to service prior to the expiration of such
authorized leave, his Period of Severance shall be deemed to commence on the date such authorized
leave commenced.
Further, solely for the purpose of determining whether a Participant has incurred a One-Year Break in Service, Hours of
Service shaJl be recognized for "authorized leaves of absence" and "maternity and paternity leaves of absence".
"Authorized leave of absence" means an unpaid, temporary cessation from active employment with the Employer
pursuant to an established nondiscriminatory policy, whether occasioned by illness, uniformed service, or any other
reason.
A "maternity or paternity leave of absence" means an absence from work for any period by reason of the Employee's
pregnancy, birth of the Employee's child, placement of a child with the Employee in connection with the adoption of such
child, or any absence for the purpose of caring for such child for a period immediately following such birth or placement.
For this purpose, Hours of Service shall be credited for the computation period in which the absence from work begins,
only if credit therefore is necessary to prevent the Employee from incurring a One-Year Break in Service, or, in any other
case, in the immediately following computation period. The Hours of Service credited for a "maternity or paternity leave
of absence" shaJl be those which would normally have been credited but for such absence, or, in any case in which the
Administrator is unable to determine such hours normaJly credited, eight (8) Hours of Service per day. The total Hours of
<02006 Nationwide Retirement Solutions, Inc.
5
Service required to be credited for a "maternity or paternity leave of absence" shall not exceed 50] .
1.34 - "Participant" means any Eligible Employee who participates in the Plan as provided in Section 3.2 and has not
for any reason become ineligible to participate further in the Plan.
1.35 - "Participant Direction Procedures" means such instructions, guidelines, or policies, the terms of which are
incorporated herein, as shall be established hereunder and observed by the Administrator and applied and provided to
Participants.
1.36 - "Participant's Account" means the account established and maintained by the Administrator for each Participant
with respect to his or her total interest under the Plan resulting from (a) the Employer's contributions
in the case of a Profit Sharing Plan or Money Purchase Plan; (b) the Employer's Non-Elective Contributions in the case of
a 401(k) Profit Sharing Plan; and (c) elective deferrals treated as employer contributions under Code Section 414(h), if
any.
1.37 - "Participant's Combined Account" means the account established and maintained by the Administrator for each
Participant with respect to his or her total interest under the Plan resulting from the Employer's contributions.
1.38 - "Participant's Elective Account" means the account established and maintained by the Administrator for each
Participant with respect to his or her total interest in the Plan and Trust resulting from Elective Contributions. A separate
accounting shall be maintained with respect to that portion of the Participant's Elective Account attributable to Elective
Contributions made pursuant to Section 1 I .2, and Employer matching contributions if they are deemed to be Elective
Contributions.
1.39 - "Participant's Rollover Account" means the account established and maintained by the Administrator for each
Participant with respect to his or her total interest in the Plan resulting from amounts transferred from another qualified
plan or "conduit" Individual Retirement Account or Individual retirement Annuity in accordance with Section 4.6.
1.40 . "Plan" means this instrument (hereinafter referred to as Nationwide Retirement Solutions Governmental Defined
Contribution Plan and Trust Basic Plan Document) including all amendments thereto, and the Adoption Agreement as
adopted by the Employer.
1.41 - "Plan Year" means the Plan's accounting year as specified in C2 ofthe Adoption Agreement.
1.42 - "Pre-Retirement Survivor Annuity" means, if the Employer elects to provide such optional form of benefit in
the Adoption Agreement, an immediate annuity for the life ofthe Participant's spouse, the payments under which must be
equal to the actuarial equivalent of 50% of the Participant's Vested interest in the Plan as of the date of death.
1.43 - "Ree:ulation" means the Income Tax Regulations as promulgated by the Secretary of the Treasury or his or her
delegate, and as amended from time to time.
1.44 - "Retired Participant" means a person who has been a Participant, but who has become entitled to retirement
benefits under the Plan.
1.45 - "Retirement Date" means the date as of which a Participant retires for reasons other than Total and Permanent
Disability, whether such retirement occurs on a Participant's Normal Retirement Date, Early or Late Retirement Date (see
Section 6.1).
1.46 - "Salary Deferrals" means, with respect to any Participant, that portion of the Participant's total Compensation
which has been contributed to the Plan in accordance with the Participant's deferral election pursuant to Section 11.2.
1.47 - "Short Plan Year" means, if specified in the Adoption Agreement, that the Plan Year shall be less than a 12
month period. If chosen, the following rules shall apply in the administration of this Plan. In determining whether an
Employee has completed a Year of Service for benefit accrual purposes in the Short Plan Year, the number of the Hours
of Service required shall be proportionately reduced based on the number of months in the Short Plan Year. The
determination of whether an Employee has completed a Year of Service for vesting and eligibility purposes shall be made
in accordance with Department of Labor Regulation 2530.203-2(c). In addition, where the Employer elected a Plan that
;;,:
\
~ 2006 Nationwide Retirement Solutions, Inc.
h
is integrated with Social Security in the Adoption Agreement, the integration level shall also be proportionately reduced
based on the number of days in the Short Plan Year.
1.48 - "Taxable Wal!:e Base" means, with respect to any Plan Year, the contribution and benefit base under Section 230
of the Social Security Act at the beginning of such Plan Year.
1.49 - "Terminated ParticiDant" means a person who has been a Participant, but whose employment has been
terminated other than by death, Total and Permanent Disability or retirement.
1.50 - "Total and Permanent Disabilitv" means the inability to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment that can be expected to result in death or which has lasted or
can be expected to last for a continuous period of not less than 12 months. The disability of a Participant shall be
determined by a licensed physician chosen by the Administrator. However, if the condition constitutes total disability
under the federal Social Security Acts, the Administrator may rely upon such determination that the Participant is Totally
and Permanently Disabled for the purposes of this Plan. The determination shall be applied uniformly to all Participants.
1.51 - "Trustee" means the person or entity named in B4 the Adoption Agreement and any successors.
1.52 - "Trust Fund" means the assets of the Plan and Trust as the same shall exist from time to time.
1.53 - "Vested Contributions" means the non-forfeitable portion of any account maintained on behalf of a Participant.
1.54 - "Voluntarv Contribution Account" means the account established and maintained by the Administrator for each
Participant with respect to his total interest in the Plan resulting from the Participant's nondeductible voluntary
contributions made pursuant to Section 4.7.
1.55 - "Year of Service" means (a) if the hours method is selected in the Adoption Agreement, the computation period
of twelve (12) consecutive months, herein set forth, and during which an Employee has completed at least the number of
Hours of Service specified in the Adoption Agreement or (b) if the elapsed time method is selected, twelve (12) Months
of Service.
If the hours method is selected in the Adoption Agreement, then for purposes of eligibility for participation, the initial
computation period shall begin with the date on which the Employee first performs an Hour of Service (employment
commencement date). The computation period beginning after a One-Year Break in Service shall be measured from the
date on which an Employee again performs an Hour of Service. The succeeding computation periods shall begin with the
first anniversary of the Employee's employment commencement date. However, if one (1) Year of Service or less is
required as a condition of eligibility, then after the initial eligibility computation period, the eligibility computation
period shall shift to the current Plan Year which includes the anniversary of the date on which the Employee first
performed an Hour of Service. An Employee who is credited with the specified number of Hours of Service in both the
initial eligibility computation period and the first Plan Year which commences prior to the first anniversary of the
Employee's initial eligibility computation period will be credited with two Years of Service for purposes of eligibility to
participate. For vesting purposes, the computation period shall be the Plan Year, including the period prior to the
Effective Date of the Plan unless specifically excluded pursuant to the Adoption Agreement.
If the Elapsed time method is selected in the Adoption Agreement, then for purposes of determining an Employee's
vesting and initial or continued eligibility to participate, an Employee will receive credit for the aggregate of all time
periods commencing with the Employee's first day of employment or reemployment and ending on the date a Break in
Service begins. The first day of employment is the first day the Employee performs an Hour of Service. An Employee
will also receive credit for any period of severance of less than 12 consecutive months. Fractional periods of a year will
be expressed in terms of days.
F or vesting purposes, and all other purposes not specifically addressed in this Section, the computation period shall be
the Plan Year, including periods prior to the Effective Date of the Plan unless specifically excluded pursuant to the
Adoption Agreement. Years of Service and breaks in service will be measured on the same computation period. Years
of Service with any predecessor Employer which maintained this Plan shall be recognized. Years of Service with any
other predecessor Employer shall be recognized as specified in the Adoption Agreement.
~ 2006 Nationwide Retirement Solutions, Inc.
7
ARTICLE II - ADMINISTRATION
2.1 - POWERS AND RESPONSIBILITIES OF THE EMPLOYER
(a) The Employer shall be empowered to appoint and remove the Trustee and the Administrator from time to
time as it deems necessary for the proper administration of the Plan to assure that the Plan is being operated for the
exclusive benefit of the Participants and their Beneficiaries in accordance with the terms ofthe Plan and the Code.
(b) The Employer may, in its discretion, appoint an Investment Manager to manage all or a designated portion of
the assets of the Plan. In such event, the Trustee shall follow the directive of the Investment Manager in investing the
assets of the Plan managed by the Investment Manager.
(c) The Employer shall periodically review the performance of any fiduciary or other person to whom duties
have been delegated or allocated by it under the provisions ofthis Plan or pursuant to procedures established hereunder.
2.2 - DESIGNATION OF ADMINISTRATIVE AUTHORITY
The Employer shall appoint one or more Administrators. If the Employer does not appoint an Administrator, the
Employer will be the Administrator. Any person, including, but not limited to, the Employees of the Employer, shall be
eligible to serve as an Administrator. Any person so appointed shall signifY his or her acceptance by filing written
acceptance with the Employer. An Administrator may resign by delivering his or her written resignation to the Employer
or be removed by the Employer by delivery of written notice of removal, to take effect at a date specified therein, or upon
delivery to the Administrator if no date is specified.
The Employer, upon the resignation or removal of an Administrator, shall promptly designate in writing a
successor to this position. If the Employer does not appoint an Administrator, the Employer will function as the
Administrator.
2.3 - ALLOCATION AND DELEGATION OF RESPONSIBILITIES
If more than one person is appointed as Administrator, the responsibilities of each Administrator may be
specified by the Employer and accepted in writing by each Administrator. In the event that no such delegation is made by
the Employer, the Administrators may allocate the responsibilities among themselves, in which event the Administrators
shall notify the Employer and the Trustee in writing of such action and specify the responsibilities of each Administrator.
The Trustee thereafter shall accept and rely upon any documents executed by the appropriate Administrator until such
time as the Employer or the Administrators file with the Trustee a written revocation of such designation.
2.4 - POWERS AND DUTIES OF THE ADMINISTRATOR
The primary responsibility of the Administrator is to administer the Plan for the exclusive benefit of the
Participants and their Beneficiaries, subject to the specific terms of the Plan. The Administrator shall administer the Plan
in accordance with its terms and shall have the power and discretion to construe the terms of the Plan and determine all
questions arising in connection with the administration, interpretation, and application of the Plan. Any such
determination by the Administrator shall be conclusive and binding upon all persons. The Administrator may establish
procedures, correct any defect, supply any information, or reconcile any inconsistency in such manner and to such extent
as shall be deemed necessary or advisable to carry out the purpose of the Plan; provided, however, that any procedure,
discretionary act, interpretation or construction shall be done in a nondiscriminatory manner based upon uniform
principles consistently applied and shall be consistent with the intent that the Plan shall continue to be deemt:d a qualified
plan under the terms of Code Section 40 I (a), and shall comply with its terms and all regulations issued pursuant thereto.
The Administrator shall have all powers necessary or appropriate to accomplish his or her duties under this Plan.
The Administrator shall be charged with the duties of the general administration of the Plan, including, but not
limited to, the following:
(Q 2006 Nationwide Retirement Solutions, Inc.
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(a) the discretion to determine all questions relating to the eligibility of Employees to participate or remain a
Participant hereunder and to receive benefits under the Plan;
(b) to compute, certify, and direct the Trustee with respect to the amount and the kind of benefits to which any
Participant shall be entitled hereunder;
(c) to authorize and direct the Trustee with respect to all nondiscretionary or otherwise directed disbursements
from the Trust Fund;
(d) to maintain all necessary records for the administration of the Plan;
(e) to interpret the provisions of the Plan and to make and publish such rules for regulation of the Plan as are
consistent with the terms hereof;
(f) to determine the amount and type of any Contract or Policy to be purchased from the Insurer;
(g) to compute and certify to the Employer and to the Trustee from time to time the sums of money necessary or
desirable to be contributed to the Trust Fund;
(h) to consult with the Employer and the Trustee regarding the short and long-term liquidity needs of the Plan in
order that the Trustee can exercise any investment discretion in a manner designed to accomplish specific objectives;
(i) if applicable, to prepare and implement a procedure for notifying Participants and Beneficiaries of their rights
to elect Joint and Survivor Annuities and Pre-Retirement Survivor Annuities;
G) to assist any Participant regarding his or her rights, benefits, or elections available under the
Plan.
2.5 - RECORDS AND REPORTS
The Administrator shall keep a record of all actions taken and shall keep all other books of account, records, and
other data that may be necessary for proper administration of the Plan and shall be responsible for supplying all
information and reports to the Internal Revenue Service, Department of Labor, Participants, Beneficiaries and others as
required by law.
2.6 - APPOINTMENT OF ADVISERS
The Administrator, or the Trustee with the consent of the Administrator, may appoint counsel, specialists,
advisers, and other persons as the Administrator or the Trustee deems necessary or desirable in connection with the
administration of this Plan.
2.7 - INFORMATION FROM EMPLOYER
To enable the Administrator to perform his functions, the Employer shall supply full and timely information to
the Administrator on all matters relating to the Compensation of all Participants, their Hours of Service, their Years of
Service, their retirement, death, disability, or termination of employment, and such other pertinent facts as the
Administrator may require; and the Administrator shall advise the Trustee of such of the foregoing facts as may be
pertinent to the Trustee's duties under the Plan. The Administrator may rely upon such information as is supplied by the
Employer and shall have no duty or responsibility to verify such information.
2,8 - PAYMENT OF EXPENSES
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All expenses of administration may be paid out of the Trust Fund unless paid by the Employer. Such expenses
shall include any expenses incident to the functioning of the Administrator, including, but not limited to, fees of
accountants, counsel, and other specialists and their agents, and other costs of administering the Plan. Until paid, the
expenses shall constitute a liability of the Trust Fund. However, the Employer may reimburse the Trust Fund for any
administration expense incurred. Any administration expense paid to the Trust Fund as a reimbursement shall not be
considered an Employer contribution.
2.9 - MAJORITY ACTIONS
Except where there has been an allocation and delegation of administrative authority pursuant to Section 2.3, if
there shall be more than one Administrator, they shall act by a majority of their number, but may authorize one or more
of them to sign all papers on their behalf.
2.10 - CLAIMS PROCEDURE
Any person who believes that he or she is entitled to a benefit under the Plan shall have the right to file with the
Plan Administrator a written notice of claim for such benefit.
Within 120 days after its receipt of such written notice of claim, the Plan Administrator shall either grant or deny
such claim provided, however, any delay on the part of the Plan Administrator in arriving at a decision shall not adversely
affect benefits payable under a granted claim.
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ARTICLE ITI - ELIGmILITY
3.1 - CONDITIONS OF ELIGmILITY
Any Eligible Employee shall be eligible to participate hereunder on the date he or she has satisfied the
requirements specified in the Adoption Agreement.
3.2 - EFFECTIVE DATE OF PARTICIPATION
An Eligible Employee who has become eligible to be a Participant shall become a Participant effective as of the
day specified in the Adoption Agreement.
In the event an Employee who has satisfied the Plan's eligibility requirements and would otherwise have become
a Participant shall go from a classification of a noneligible Employee to an Eligible Employee, such Employee shall
become a Participant as of the date he or she becomes an Eligible Employee.
In the event an Employee who has satisfied the Plan's eligibility requirements and would otherwise become a
Participant shall go from a classification of an Eligible Employee to a noneligible Employee and becomes ineligible to
participate and has not incurred a One Year Break in Service, such Employee shall participate in the Plan as of the date
he returns to an eligible class of Employees. If such Employee does incur a One Year Break in Service, eligibility will be
determined under the break in service rules of the Plan.
3.3 - DETERMINATION OF ELIGmILITY
The Administrator shall determine the eligibility of each Employee for participation in the Plan based upon
information furnished by the Employer. Such determination shall be conclusive and binding upon all persons, as long as
the same is made pursuant to the Plan. Such determination shall be subject to review per Section 2.10.
3.4 - TERMINATION OF ELIGIBILITY
In the event a Participant shall go from a classification of an Eligible Employee to an ineligible Employee, such
Former Participant shall continue to vest in his or her interest in the Plan for each Year of Service completed while an
ineligible Employee, until such time as his or her Participant's Account shall be forfeited or distributed pursuant to the
terms of the Plan. Additionally, his or her interest in the Plan shall continue to share in the earnings of the Trust Fund.
3.5 - OMISSION OF ELIGmLE EMPLOYEE
If, in any Plan Year, any Employee who should be included as a Participant in the Plan is erroneously omitted
and discovery of such omission is not made until after a contribution by his or her Employer for the year has been made,
the Employer shall make a subsequent contribution, if necessary after the application of Section 4.3(e), so that the
omitted Employee receives a total amount which the said Employee would have received had he or she not been omitted.
3.6 - INCLUSION OF INELIGmLE EMPLOYEE
If, in any Plan Year, any person who should not have been included as a Participant in the Plan. is erroneously
included and discovery of such incorrect inclusion is not made until after a contribution for the year has been made, the
Employer shall not be entitled to recover the contribution made with respect to the ineligible person. In such event, the
amount contributed with respect to the ineligible person shall constitute a Forfeiture for the Plan Year in which the
discovery is made.
3.7 - ELECTION NOT TO PARTICIPATE
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An Employee of any Participating Employer who adopts a Plan in which Mandatory Contributions are picked-up
by such Participating Employer pursuant to Code Section 414(h) (a "Pick-up Plan") shall not be permitted to waive
participation in the Plan. However, notwithstanding any other Plan provision to the contrary, where the Plan is not a Pick-
up Plan, an Employee may elect to waive participation in the Plan. If an Employee makes the election referred to in the
preceding sentence, he or she shall not receive any waived contribution in cash, and such election shalI be (1) in writing;
(2) a one-time irrevocable election; (3) made when the Employee commences employment or, if later, when such
Employee first becomes eligible to participate in any plan of the Participating Employer; and (4) applicable with respect
to all plans of the Participating Employer, including plans that have not then been established by the Participating
Employer.
3.8 - VESTING SCHEDULE FOR MATCHING CONTRIBUTIONS
For Participants who complete an Hour of Service after December 31, 2001, with respect to accrued benefits
derived from Employer matching contributions made in plan years beginning after December 31, 2001, the accrued
benefit derived from Employer matching contributions shall vest as provided in the Adoption Agreement. Unless
otherwise provided in the Adoption Agreement, this Section shalI also apply to alI such Participants with respect to
accrued benefits derived from Employer matching contributions made in plan years beginning prior to January 1,2002.
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ARTICLE IV - CONTRIBUTION AND ALLOCATION
4.1 - FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION
(a) For a Money Purchase Plan -
(1) The Employer shall make contributions over such period of years as the Employer may determine on the
following basis. On behalf of each Participant eligible to share in allocations, for each year of his or her
participation in this Plan, the Employer shall contribute the amount specified in the Adoption Agreement. All
contributions by the Employer shall be made in cash or in such unencumbered property as is acceptable to the
Trustee.
(b) For a Profit Sharing Plan -
(1) For each Plan Year, the Employer shall contribute to the Plan such amount as specified by the Employer in
the Adoption Agreement. All contributions by the Employer shall be made in cash or in such unencumbered
property as is acceptable to the Trustee.
4.2 - TIME OF PAYMENT OF EMPLOYER'S CONTRIBUTION
The Employer shall generally pay to the Trustee its contribution to the Plan for each Plan Year within the time
prescribed by law.
4.3 - ALLOCATION OF CONTRIBUTION, FORFEITURES AND EARNINGS
(a) The Administrator shall establish and maintain an account in the name of each Participant to which the
Administrator shall credit as of each Anniversary Date, or other valuation date, all amounts allocated to each such
Participant as set forth herein.
(b) The Employer shall provide the Administrator with all information required by the Administrator to make a
proper allocation ofthe Employer's contributions for each Plan Year. Within a reasonable period oftime after the date of
receipt by the Administrator of such information, the Administrator shall allocate such contribution as follows:
(1) For a Money Purchase Plan:
(i) The Employer's Contribution shall be allocated to each Participant's Combined Account in the
manner set forth in Section 4.1 herein and as specified in Section E2 of the Adoption Agreement.
(2) For an Integrated Profit Sharing Plan which the Employer elected in the Adoption Agreement:
(i) The Employer's contribution shall be allocated to each Participant's Account, in a dollar amount
equal to 5.7% of the sum of each Participant's total Compensation plus Excess Compensation. If
the Employer does not contribute such amount for all Participants, each Participant will be
allocated a share of the contribution in the same proportion that his total Compensation plus his
total Excess Compensation for the Plan Year bears to the total Compensation plus the total Excess
Compensation of all Participants for that year.
Regardless of the preceding, 4.3% shall be substituted for 5.7% above if Excess Compensation is
based on more than 20% and less than or equal to 80% of the Taxable Wage Base. If Excess
Compensation is based on less than 100% and more than 80% of the Taxable Wage Base, then
5.4% shall be substituted for 5.7% above.
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(ii) The balance of the Employer's contribution over the amount allocated above, If any, shall be
allocated to each Participant's Combined Account in the same proportion that his total
Compensation for the Year bears to the total Compensation of all Participants to such year
(iii) Except, however, for any Plan Year beginning prior to January 1, 1990, and if elected in the
Adoption Agreement, for any Plan Year beginning on or after January 1, 1990, a Participant who
performs less than a Year of Service during any Plan Year shall not share in the Employer's
contribution for that year, unless there is a Short Plan Year or a contribution is required pursuant to
Section 4.3(G).
(3) For a Non-Integrated Profit Sharing Plan:
(i) The Employer's contribution shall be allocated to each Participant's Account in the same
proportion that each such Participant's Compensation for the year bears to the total Compensation of
all Participants for such year.
(ii) except, however, for any Plan Year beginning prior to January 1, 1990, and if elected in the
Adoption Agreement for any Plan Year beginning on or after January 1, 1990, a Participant who
performs less than a Year of Service during any Plan Year shall not share in the Employer's
contribution for that year, unless there is a Short Plan Year.
(c) As of each Anniversary Date or other valuation date, before allocation of Employer contributions and
Forfeitures, any earnings or losses (net appreciation or net depreciation) of the Trust Fund shall be allocated in the same
proportion that each Participant's and Former Participant's nonsegregated accounts bear to the total of all Participants' and
Former Participants' nonsegregated accounts as of such date. If any nonsegregated account of a Participant has been
distributed prior to the Anniversary Date or other valuation date subsequent to a Participant's termination of employment,
no earnings or losses shall be credited to such account. If contributions are allocated directly to a Participant's Account,
the Participant's Account shall be credited with the actual earnings or losses attributable to such contributions.
Notwithstanding the above, with respect to contributions made to a plan after the previous Anniversary Date or allocation
date, the method specified in the Adoption Agreement shall be used,
(d) Participants' Accounts shall be debited for any insurance or annuity premiums paid, ifany, and credited with
any dividends or interest received on insurance contracts.
(e) As of each Anniversary Date, any amounts which became Forfeitures since the last Anniversary Date shall
first be made available to reinstate previously forfeited account balances of Former Participants, if any, in accordance
with Section 6.4(e)(2) or be used to satisfy any contribution that may be required pursuant to Section 3.5 and/or 6.9. The
remaining Forfeitures, if any, shall be treated in accordance with the Adoption Agreement. Provided, however, that in the
event the allocation of Forfeitures provided herein shall cause the "Annual Addition" (as defined in Section 4.4) to any
Participant's Account to exceed the amount allowable by the Code, the excess shall be reallocated in accordance with
Section 4.5.
(f) Notwithstanding anything herein to the contrary, any Participant who terminated employment during the Plan
Year for reasons other than death, Total and Permanent Disability, or retirement shall or shall not share in the allocations
of the Employer's Contributions and Forfeitures, as provided in the Adoption Agreement.
(g) Notwithstanding anything herein to the contrary, Participants terminating for reasons of death, Total and
Permanent Disability, or retirement shall or shall not share in the allocations as provided in this Section as elected in the
Adoption Agreement.
(h) If a Former Participant is reemployed after five (5) consecutive One-Year Breaks in Service, then the
Participant's accounts shall be maintained as follows:
(1) one account for nonforfeitable benefits attributable to pre-break service; and
(2) one account representing his employer derived account balance in the Plan attributable to post-
break service.
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(i) Notwithstanding anything herein to the contrary, Participants will accrue the right to share in allocations of
Employer contributions with respect to periods of qualified military service as provided in Code Section 414(u).
4.4 - MAXIMUM ANNUAL ADDITIONS
(a)(1) If the Participant does not participate in, and has never participated in another qualified plan maintained
by the Employer, or a welfare benefit fund (as defined in Code Section 4l9(e)), maintained by the Employer, or an
individual medical account (as defined in Code Section 415(1)(2)) maintained by the Employer, which provides Annual
Additions, or a simplified employee pension (as defined in Code Section 408(k)) the amount of Annual Additions which
may be credited to the Participant's accounts for any Limitation Year shall not exceed the lesser of the Maximum
Permissible Amount or any other limitation contained in this Plan. If the Employer contribution that would otherwise be
contributed or allocated to the Participant's accounts would cause the Annual Additions for the Limitation Year to exceed
the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for
the Limitation Year will equal the Maximum Permissible Amount.
(2) Prior to determining the Participant's actual compensation for the Limitation Year, the Employer may
determine the Maximum Permissible Amount for a Participant on the basis ofa reasonable estimation of the Participant's
compensation for the Limitation Year, uniformly determined for all Participants similarly situated.
(3) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible
Amount for such Limitation Year shall be determined on the basis of the Participant's actual compensation for such
Limitation Year.
(4) if there is an Excess Amount pursuant to Section 4.4(a)(2) or Section 4.5, the excess will be disposed of in
the following manner:
(i) Any nondeductible voluntary employee contributions (plus attributable earnings), to the extent they
would reduce the Excess Amount, will be distributed to the Participant;
(ii) If, after the application of paragraph 4(i), an excess amount still remains, any Deferrals (plus
attributable earnings), to the extent they would reduce the Excess Amount, will be distributed to the
Participant;
(iii) If, after the application of subparagraphs (i) and (ii), an Excess Amount still exists, and the
Participant is covered by the Plan at the end of the Limitation Year, the Excess Amount in the
Participant's account will be used to reduce Emplpyer contributions (including any allocation of
Forfeitures) for such Participant in the next Limitation Year, and each succeeding Limitation Year if
necessary;
(iv) If, after the application of subparagraphs (i) and (ii), an Excess Amount still exists, and the
Participant is not covered by the Plan at the end of a Limitation Year, the Excess Amount will be held
unallocated in a suspense account. The suspense account will be applied to reduce future Employer
contributions (including allocation of any Forfeitures) for all remaining Participants in the next
Limitation Year, and each succeeding Limitation Year if necessary;
(v) If a suspense account is in existence at any time during a Limitation Year pursuant to this Section, it
will not participate in the allocation of investment gains and losses. If a suspense account is in existence
at any time during a particular limitation year, all amounts in the suspense account must be allocated
and reallocated to participants' accounts before any employer contributions or any employee
contributions may be made to the plan for that limitation year. Excess amounts in the suspense account
may not be distributed to Participants or Former Participants.
(b)(l) This subsection applies if, in addition to this Plan, the Participant is covered under another qualified
defined contribution plan maintained by the Employer, or a welfare benefit fund (as defined in Code Section
419(e)) maintained by the Employer, or a simplified employee pension maintained by the Employer, or an
@ 2006 Nationwide Retirement Solutions, Inc.
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individual medical account (as defined in Code Section 415(1)(2)) maintained by the Employer, which provides
Annual Additions, during any Limitation Year. The Annual Additions which may be credited to a Participant's
accounts under this Plan for any such Limitation Year shall not exceed the Maximum Permissible Amount
reduced by the Annual Additions credited to a Participant's accounts under the other plans and welfare benefit
funds for the same limitation Year. If the Annual Additions with respect to the Participant under other defined
contribution plans and welfare benefit funds maintained by the Employer are less than the Maximum Permissible
Amount and the Employer contribution that would otherwise be contributed or allocated to the Participants
accounts under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the
amount contributed or allocated will be reduced so that the Annual Additions under all such plans and welfare
benefit funds for the Limitation Year will equal the Maximum Permissible Amount. If the Annual Additions
with respect to the Participant under such other defined contribution plans and welfare benefit funds in the
aggregate are equal to or greater than the Maximum Permissible Amount, no amount will be contributed ()f
allocated to the Participant's account under this Plan for the Limitation Year.
(2) Prior to determining the Participant/s actual Compensation for the Limitation Year, the Employer
may determine the Maximum Permissible Amount for a Participant in the manner described in Section 4.4(a)(2)
(3) As soon as is administratively feasible after the end of the Limitation Year, the Maximum
Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual
Compensation for the Limitation Year.
(4) If, pursuant to Section 4.4(b)(2) or Section 4.5, a Participant's Annual Additions under this Plan and
such other plans would result in an Excess Amount for a Limitation Year, the Excess Amount will be deemed to
consist of the Annual Additions last allocated, except that Annual Additions attributable to a simplified
employee pension, will be deemed to have been allocated first, followed by Annual Additions to a welfare
benefit fund or individual medical account, regardless of the actual allocation date.
(5) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which
coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product
of:
(i) the total Excess Amount allocated as of such date, times
(ii) the ratio of (l) the Annual Additions allocated to the Participant for the Limitation Year as
of such date under this Plan to (2) the total Annual Additions allocated to the Participant for
the Limitation Year as of such date under this and all the other qualified defined contribution
plans.
(6) Any Excess Amount attributed to this Plan will be disposed in the manner described in Section
4.4(a)(4).
(c) If the Participant is covered under another qualified defined contribution plan maintained by the Employer,
Annual Additions which may be credited to the Participant's Account under this Plan for any Limitation Year will be
limited in accordance with Section 4.4(b), unless the Employer provides other limitations in the Adoption Agreement
(d) For purposes of applying the limitations of Code Section 415, the transfer of funds from one qualified plan
to another is not an "annual addition." In addition, the following are not Employee contributions for the purposes of
Section 4.4(e)(1)(2): (1) rollover contributions (as defined in Code Sections 402(c)(4), 403(a)(4), 403(b)(8) and
408(d)(3)); (2) repayments of loans made to a Participant from the Plan; (3) repayments of distributions received by an
Employee pursuant to Code Section 41l(a)(7)(B) (cash-outs); (4) repayments of distributions received by an Employee
pursuant to Code Section 411(a)(3)(D) (mandatory contributions); Employee contributions under the catch-up provisions
of Section 4.7(f); and, (6)Employee contributions to a simplified employee pension.
(e) For purposes of this Section, the following terms shall be defined as follows:
(1) "Annual Additions" means the sum credited to a Participant's accounts for any Limitation Year of (l.l
Employer contributions, (2) Employee contributions (except as provided below), (3) forfeitures and (4) amounts
(() 2006 Nationwide Retirement Solutions, Inc.
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allocated, after March 31, 1984, to an individual medical account, as defmed in Code Section 415(1 )(2), which
is part of a pension or annuity plan maintained by the Employer. Except, however, the "415 Compensation"
percentage limitation referred to in paragraph (a)(2) above shall not apply to: (1) any contribution for medical
benefits (within the meaning of Code Section 419 A( f)(2)) after separation from service which is otherwise
treated as an "Annual Addition," or (2) any amount otherwise treated as an "annual addition" under Code
Section 415(1)(1). Notwithstanding the foregoing, for Limitation Years" beginning prior to January 1, 1987,
only that portion of Employee contributions equal to the lesser of Employee contributions in excess of six
percent (6%) of "415 Compensation" or one-half of Employee contributions shall be considered an "Annual
Addition. "
For this purpose, any Excess Amount applied under Sections 4.4(a)(4) and 4.4(b)(6) in the Limitation Year to
reduce Employer contributions shall be considered Annual Additions for such Limitation Year.
(2) "Compensation" means a Participant's Compensation as elected in the Adoption Agreement. However,
regardless of any selection made in the Adoption Agreement, for Limitation Years beginning prior to January 1,
1998, "415 Compensation" shall exclude compensation which is not currently includible in the Participant's
gross income by reason of the application of Code Sections 125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b),
4l4(h) or 457(b). For Limitation Years beginning after December 31, 1997, such amounts, except for 414(h),
shall be included.
For Limitation Years beginning after December 31, 1991, for purposes of applying the limitations of this
article, Compensation for a Limitation Year is the Compensation actually paid or made available during such
Limitation Year.
Notwithstanding the preceding sentence, Compensation for a Participant in a defined contribution plan who
is Permanently and Totally Disabled (as defined in Code section 22(e)(3)) is the Compensation such Participant
would have received for the Limitation Year if the Participant had been paid at the rate of Compensation paid
immediately before becoming Permanently and Totally Disabled; such imputed Compensation for the disabled
Participant may be taken into account only if the participant is not a Highly Compensated Employee and
contributions made on behalf of such Participant are nonforfeitable when made.
(3) "Defined Benefit Fraction" means a fraction, the numerator of which is the sum of the Participant's Projected
Annual Benefits under all the defined benefit plans (whether or not terminated) maintained by the Employer, and
the denominator of which is the lesser of 125 percent of the dollar limitation determined for the Limitation Year
under Code Sections 415(b) and (d) or 140 percent of his or her Highest Average Compensation including any
adjustments under Code Section 415(b).
Notwithstanding the above, if the Participant was a Participant as of the first day of the first Limitation Year
beginning after December 31, 1986, in one or more defined benefit plans maintained by the Employer which
were in existence on May 6, 1986, the denominator of this fraction will not be less than 125 percent of the sum
of the annual benefits under such plans which the Participant had accrued as of the end of the close of the last
Limitation Year beginning before January 1, 1987, disregarding any changes in the terms and conditions of the
plan after May 5, 1986. The preceding sentence applies only if the defmed benefit plans individually and in the
aggregate satisfied the requirements of Code Section 415 for all Limitation Years beginning before January 1,
1987.
(4)"Defined Contribution Dollar Limitation" means the lesser of $40,000, as adjusted under Code Section
415(d), or 100% of the Participant's Compensation, within the meaning of Code Section 415(c)(3), for the
Limitation Year.
(5)" Defined Contribution Fraction" means a fraction, the numerator of which is the sum of the Annual
Additions to the Participant's Account under all the defined contribution plans (whether or not terminated)
maintained by the Employer for the current and all prior Limitation Years, (including the Annual Additions
attributable to the Participant's nondeductible voluntary employee contributions to any defined benefit plans,
whether or not terminated, maintained by the Employer for the current and all prior Limitation Years, to any
simplified employee pensions as defined in Code Section 408(k), and the annual additions attributable to all
welfare benefit funds, as defined in Code Section 419( e), and individual medical accounts, as defined in Code
@ 2006 Nationwide Retirement Solutions, Inc.
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Section 415(1)(2), maintained by the Employer), and the denominator of which is the sum of the maximum
aggregate amounts for the current and all prior Limitation Years of Service with the Employer (regardless ot
whether a defined contribution plan was maintained by the Employer). The maximum aggregate amount in an)
Limitation Year is the lesser of 125 percent of the Defined Contribution Dollar Limitation or 35 percent of the
Participant's 415 Compensation for such year.
If the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after
December 31, 1986, in one or more defined contribution plans maintained by the Employer which were in
existence on May 5, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the
Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an
amount equal to the product of(l) the excess of the sum of the fractions over 1.0 times (2) the denominator of
this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated
using the fractions as they would be computed as of the end of the last Limitation Year beginning before January
1,1987, and disregarding any changes in the terms and conditions of the plan made after May 5,1986, but using
the Code Section 415 limitation applicable to the first Limitation Year beginning on or after January 1. 1987.
(6) "Employer" means the Employer that adopts this Plan and all Affiliated Employers, except that for purposes
of this Section, affiliated employers shall be determined pursuant to the modification made by Code Section
415(h).
(7) "Excess Amount" means the excess of the Participant's Annual Additions for the Limitation Year over the
Maximum Permissible Amount.
(8) "Highest Average Compensation" means the average Compensation for the three consecutive Years of
Service with the Employer while a Participant in the Plan that produces the highest average. A Year of Service
with the Employer is the twelve (12) consecutive month period defined in Section El of the Adoption
Agreement which is used to determine Compensation under the Plan.
(9) "Limitation Year" means the Compensation Year (a twelve (12) consecutive month period) as elected by the
Employer in the Adoption Agreement. All qualified plans maintained by the Employer must use the same
Limitation Year. If the Limitation Year is amended to a different 12 consecutive month period, the new
Limitation Year must begin on a date within the Limitation Year in which the amendment is made.
(10) "Maximum Permissible Amount" means, except to the extent permitted under Section 4.7(f) and Section
414(v) of the Code, if applicable, the annual addition that may be contributed or allocated to a participant's
account under the plan for any limitation year shall not exceed the lesser of:
a. $40,000, as adjusted for increases in the cost-of-Iiving under Section 415(d) of the Code, or
b. 100 percent of the participant's compensation, within the meaning of Section 415(c)(3) of the
Code, for the limitation year. However, this compensation limit shall not apply to any contribution for
medical benefits after separation from service (within the meaning of Section 401 (h) or Section
419A(f)(2) of the Code) which is otherwise treated as an annual addition.
If a short Limitation Year is created because of an amendment changing the Limitation Year to a different
twelve (12) consecutive month period, the Maximum Permissible Amount will not exceed the Defined
Contribution Dollar Contribution multiplied by the following fraction:
number of months in the short Limitation Year
12
(11) "Projected Annual Benefit" means the annual retirement benefit (adjusted to an actuariaUy equivalent
straight life annuity if such benefit is expressed in a form other than a straight life annuity or qualified Joint and
Survivor Annuity) to which the Participant would be entitled under the terms of the Plan assuming:
~ 2006 Nationwide Retirement Solutions, Inc.
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(i) the Participant will continue employment until Normal Retirement Age (or current age, iflater), and
(ii) the Participant's 415 Compensation for the current Limitation Year and all other relevant factors used to
determine benefits under the Plan will remain constant for all future Limitation Years.
(f) Notwithstanding anything contained in this Section to the contrary, the limitations, adjustments and other
requirements prescribed in this Section shall at all times comply with the provisions of Code Section 415 and the
Regulations thereunder, the terms of which are specifically incorporated herein by reference.
4.5 - ADJUSTMENT FOR EXCESSIVE ANNUAL ADDITIONS
(a) If as a result of the allocation of Forfeitures, a reasonable error in estimating a Participant's annual
Compensation, a reasonable error in determining the amount of elective deferrals (within the meaning of Code Section
402(g)(3)) that may be made with respect to any Participant under the limits of Section 4.4, or other facts and
circumstances to which Regulation 1.415-6(b)(6) shall be applicable, the "Annual Additions" under this Plan would cause
the maximum provided in Section 4.4 to be exceeded, the Administrator shall treat the excess in accordance with Section
4.4(a)(4).
4.6 - TRANSFERS AND ROLLOVERS
(a) If specified in the Adoption Agreement, and with the consent of the Administrator, amounts may be
transferred or rolled over from other qualified plans, provided that the trust from which such funds are transferred permits
the transfer to be made and the transfer will not jeopardize the tax exempt status of the Plan or create adverse tax
consequences for the Employer. The amounts transferred shall be set up in a separate account herein referred to as a
"Participant's Rollover Account." Such account shall be fully vested at all times and shall not be subject to Forfeiture for
any reason.
(b) Amounts in a Participant's Rollover Account shall be held by the Trustee pursuant to the provisions of this
Plan and may not be withdrawn by, or distributed to the Participant, in whole or in part, except as provided in Paragraphs
(c) and (d) of this Section.
(c) Amounts attributable to elective contributions (as defmed in Regulation Section 1.401(k)-I(g)(3), including
amounts treated as elective contributions, which are transferred from another qualified plan in a plan-to-plan transfer
shall be subject to the distribution limitations provided for in Regulation 1.401(k)-I(d).
(d) At Normal Retirement Date, or such other date when the Participant or his Beneficiary shall be entitled to
receive benefits, the fair market value of the Participant's Rollover Account shall be used to provide additional benefits to
the Participant or his Beneficiary. Any distributions of amounts held in a Participant's Rollover Account shall be made in
a manner which is consistent with and satisfies the provisions of Section 6.5, including, but not limited to, all notice and
consent requirements of Code Sections 4 11 (a)(1I) and 417 and the Regulations thereunder. Furthermore, such amounts
shall not be considered as part of a Participant's benefit in determining whether an involuntary cash-out of benefits
without Participant consent may be made unless elected otherwise in the Adoption Agreement.
(e) The Administrator may direct that employee transfers made after a valuation date be segregated into a
separate account for each Participant until such time as the allocations pursuant to this Plan have been made, at which
time they may remain segregated or be invested as part of the general Trust Fund, to be determined by the Administrator.
(f) For purposes of this Section, the term "qualified plan" shall mean any tax qualified plan under Code Section
40 l(a). The term "amounts transferred from other qualified plans" shall mean: (i) amounts transferred to this Plan directly
from another qualified plan; (ii) lump-sum distributions received by an Employee from another qualified plan which are
eligible for tax free rollover to a qualified plan and which are transferred by the Employee to this Plan within sixty (60)
days following his receipt thereof; (iii) amounts transferred to this Plan from a conduit individual retirement account or
individual retirement annuity provided that the conduit individual retirement account or annuity has no assets other than
assets which (A)were previously distributed to the Employee by another qualified plan as a lump-sum distribution
(B)were eligible for tax-free rollover to a qualified plan and (C)were deposited in such conduit individual retirement
~ 2006 Nationwide Retirement Solutions, Inc.
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account within sixty (60) days of receipt thereof; and (iv) amounts distributed to the Employee from a conduit mdividua:
retirement account or annuity meeting the requirements of clause (iii) above, and transferred by the Employee to this Plan
within sixty (60) days of his or her receipt thereof from such conduit individual retirement account or annuity; and (jv \
any amounts which are eligible to be rolled over to this Plan pursuant to the Code
(g) Prior to accepting any transfers or rollovers to which this Section applies, the Administrator may require the
Employee to establish that the amounts to be transferred to this Plan meet the requirements of this Section and may also
require the Employee to provide an opinion of counsel satisfactory to the Employer that the amounts to be transferred
meet the requirements of this Section. This subsection 4.6(g) shall be implemented via uniformly applied written
procedures.
(h) The Employer, operationally and on a nondiscriminatory basis, may limit the source of rollover
contributions that may be accepted by this plan.
4.7 - VOLUNTARY CONTRIBUTIONS
(a) If elected in the Adoption Agreement, each Participant may, at the discretion of the Administrator in a
nondiscriminatory manner, elect to voluntarily contribute a portion of his or her compensation earned while a Participant
under such plan. Such contributions shall be paid to the Trustee within a reasonable period of time but in no event later
than 90 days after the receipt of the contribution.
(b) The balance in each Participant's Voluntary Contribution Account shall be Vested Contributions at all times
and shall not be subject to Forfeiture for any reason.
(c) A Participant may elect to withdraw his voluntary contributions from his or her Voluntary Contribution
Account and the actual earnings thereon in a manner which is consistent with and satisfies the provisions of Section 6.5.
If the Administrator maintains sub-accounts with respect to voluntary contributions (and earnings thereon) which were
made on or before a specified date, a Participant shall be permitted to designate which sub-account shall be the source for
his or her withdrawal. No Forfeitures shall occur solely as a result of an Employee's withdrawal of Elective
Contributions.
In the event such a withdrawal is made, or in the event a Participant has received a hardship distribution
prior to December 31, 2001, pursuant to Regulation 1.401(k)-1(d)(2)(iii)(B) from any plan maintained by the Employer,
then such Participant shall be barred from making any voluntary contributions for a period of twelve(12) months after
receipt of the withdrawal or distribution.
If the plan provides for hardship distributions upon satisfaction of the safe harbor (deemed) standards as set
forth in Treas. Reg. Section 1.401 (k)- I (d)(2)(iv), then a Participant who receives a distribution of elective deferrals after
December 31, 2001, on account of hardship shall be prohibited from making elective deferrals and employee
contributions under this and all other plans of the employer for six (6) months after receipt of the distribution.
(d) At Normal Retirement Date, or such other date when the Participant or his or her Beneficiary shall be
entitled to receive benefits, the fair market value of the Voluntary Contribution Account shall be used to provide
additional benefits to the Participant or his or her Beneficiary.
(e) The Administrator may direct that Elective Contributions made after a valuation date be segregated into a
separate account until such time as the allocations pursuant to this Plan have been made, at which time they may remain
segregated or be invested as part of the general Trust Fund, to be determined by the Administrator.
Cf) Unless otherwise provided in the Adoption Agreement, all Participants who are eligible to make elective
deferrals under this plan and who have attained age 50 before the close of the plan year shall be eligible to make catch-up
contributions in accordance with, and subject to the limitations of, Section 414(v) of the Code. Such catch-up
contributions shall not be taken into account for purposes of the provisions ofthe plan implementing the required
limitations of Sections 402(g) and 415 of the Code. The plan shall not be treated as failing to satisfY the provisions of the ~.
plan implementing the requirements of Section 40 1 (k)(3), 401(k)(11), 401(k)(l2), 4l0(b), or 416 of the Code, as
applicable, by reason of the making of such catch-up contributions.
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4.8 - DIRECTED INVESTMENT ACCOUNT
(a) If elected in the Adoption Agreement, all Participants may direct the Trustee as to the investment of their
individual account balances. Participants may direct the Trustee in writing to invest their account in specific assets as
permitted by the Administrator provided such investments are permitted by the Plan. The account of any Participant so
directing will thereupon be considered a Directed Investment Account.
(b) A separate Directed Investment Account shall be established for each Participant who has directed an
investment. Transfers between the Participant's regular account and their Directed Investment Account shall be charged
and credited as the case may be to each account. The Directed Investment Account shall not share in Trust Fund
Earnings, but it shall be charged or credited as appropriate with the net earnings, gains, losses and expenses as well as
any appreciation or depreciation in market value during each Plan Year attributable to such account.
(c) The Administrator shall establish a Participant Direction Procedure, to be applied in a uniform and
nondiscriminatory manner, setting forth the permissible investment options under this Section, how often changes
between investments may be made, and any other limitations that the Administrator shall impose on a Participant's right
to direct investments, or which are otherwise required by law.
4.9 - MANDATORY EMPLOYEE CONTRIBUTIONS
(a) The Employer may elect in the Adoption Agreement that all Eligible Employees must contribute Mandatory
Employee Contributions to the Plan as a condition of employment with the Employer. The Employer shall collect such
contributions and remit them to the Trustee. The Employer may "pick up" such contributions as provided in Internal
Revenue Code Section 414(h).
(b) Mandatory Employee Contributions shall be 100% Vested when made and shall be distributed as provided
by Article VI.
4.10 - INTEGRATION IN MORE THAN ONE PLAN
If the Employer and/or an Affiliated Employer maintain qualified retirement plans integrated with Social
Security, pursuant to the election of the Employer, such that any Participant in this Plan is covered under more than one
of such plans, then such plans will be considered to be one plan and will be considered to be integrated if the extent of the
integration of all such plans does not exceed 100%. For purposes of the preceding sentence, the extent of integration of a
plan is the ratio, expressed as a percentage, which the actual benefits, benefit rate, offset rate, or employer contribution
rate, whatever is applicable under the Plan, bears to the limitation applicable to such Plan.
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ARTICLE V - VALUATIONS
5.1 - VALUATION OF THE TRUST FUND
The Administrator shall direct the Trustee, as of each Anniversary Date, and at such other date or dates deemed
necessary, by the Administrator, herein called the "Valuation Date," to determine the net worth of the assets comprising
the Trust Fund as it exists on the "Valuation Date." In determining such net worth, the Trustee shall value the assets
comprising the Trust Fund at their fair market value as of the "Valuation Date" and shall deduct all expenses for which
the Trustee has not yet obtained reimbursement from the Employer or the Trust Fund.
5.2 - METHOD OF VALUATION
In determining the fair market value of securities held in the Trust Fund which are listed on a registered stock
exchange, the Administrator shall direct the Trustee to value the same at the prices they were last traded on such
exchange preceding the close of business on the "Valuation Date." If such securities were not traded on the "Valuation
Date," or if the exchange on which they are traded was not open for business on the "Valuation Date," then the securities
shall be valued at the prices at which they were last traded prior to the "Valuation Date." Any unlisted security held in the
Trust Fund shall be valued at its bid price next preceding the close of business on the "Valuation Date," which bid price
shall be obtained from a registered broker or an investment banker. In determining the fair market value of assets other
than securities for which trading or bid prices can be obtained, the Trustee may appraise such assets itself, or in its
discretion, employ one or more appraisers for that purpose and rely on the values established by such appraiser or
appraisers. Where the Trust Fund assets include an annuity contract, it shall be valued at the annuity contract value.
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ARTICLE VI - DETERMINATION AND DISTRIBUTION OF BENEFITS
6.1 - DETERMINATION OF BENEFITS UPON RETmEMENT
Every Participant may terminate his or her employment with the Employer and retire for the purposes hereof on
or after his or her Normal Retirement Date or Early Retirement Date. However, a Participant may postpone the
termination of his or her employment with the Employer to a later date, in which event the participation of such
Participant in the Plan, including the right to receive allocations pursuant to Section 4.3, shall continue until his or her
Late Retirement Date. Upon a Participant's Retirement Date, or attainment of his or her Normal Retirement Date without
termination of employment with the Employer, or as soon thereafter as is practicable, the Administrator shall direct, at the
election of the Participant, the distribution of all amounts credited to such Participant's Combined Account in accordance
with Section 6.5.
6.2 - DETERMINATION OF BENEFITS UPON DEATH
(a) Upon the death of a Participant before his or her Retirement Date or other termination of his or her
employment, all amounts credited to such Participant's Combined Account shall become fully Vested. The Administrator
shall direct, in accordance with the provisions of Sections 6.6 and 6.7, the distribution of the deceased Participant's
accounts to the Participant's Beneficiary.
(b) Upon the death of a Former Participant, the Administrator shall direct, in accordance with the provisions of
Sections 6.6 and 6.7, the distribution of any remaining amounts credited to the accounts of such deceased Former
Participant to such Former Participant's Beneficiary.
(c) The Administrator may require such proper proof of death and such evidence of the right of any person to
receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may
deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be
conclusive.
(d) The designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant
may at any time revoke his or her designation of a Beneficiary or change his or her Beneficiary by filing written notice of
such revocation or change with the Administrator. The Participant may, at any time, designate a Beneficiary for death
benefits payable under the Plan that are in excess of the Pre-Retirement Survivor Annuity. In the event no valid
designation of Beneficiary exists at the time of the Participant's death, the death benefit shall be payable to his estate.
(e) If the Plan provides an insured death benefit and a Participant dies before any insurance coverage to which
he or she is entitled under the Plan is in effect, the death benefit from such insurance coverage shall be limited to the
standard rated premium which was or should have been used for such purpose.
(f) In the event of any conflict between the terms of this Plan and the terms of any Contract issued hereunder, the
Plan provisions shall control.
6.3 - DETERMINATION OF BENEFITS IN EVENT OF DISABILITY
In the event of a Participant's Total and Permanent Disability prior to his or her Retirement Date or other
termination of employment, all amounts credited to such Participant's Combined Account shall become fully Vested. In
the event of a Participant's Total and Permanent Disability, the Administrator, in accordance with the provisions of
Sections 6.5 and 6.7, shall direct the distribution to such Participant of all amounts credited to such Participant's
Combined Account as though he or she had retired.
6.4 - DETERMINATION OF BENEFITS UPON TERMINATION
(a) On or before the Anniversary Date, or other valuation date, coinciding with or subsequent to the termination
of a Participant's employment for any reason other than retirement, death, or Total and Permanent Disability, the
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Administrator may direct that the amount of the Vested portion of such Terminated Participant's Combined Account
segregated and invested separately. In the event the Vested portion of a Participant's Combined Account is not
segregated, the amount shall remain in a separate account for the Terminated Participant and share in allocations pursuant
to Section 4.3 until such time as a distribution is made to the Terminated Participant. The amount of the portion of the
Participant's Combined Account which is not Vested may be credited to a separate account (which will always share
gains and losses of the Trust Fund) and at such time as the amount becomes a Forfeiture shall be treated in accordance
with the provisions of the Plan regarding Forfeitures.
In the event that the amount of the vested portion of the Terminated Participant's Combined Account equals
or exceeds the fair market value of any insurance Contracts, the Trustee, when so directed by the Administrator and
agreed to by the Terminated Participant, shall assign, transfer, and set over to such Terminated Participant all Contracts
on his or her life in such form or with such endorsements, so that the settlement options and forms of payment are
consistent with the provisions of Section 6.5. In the event that the Terminated Participant's vested portion does not at
least equal the fair market value of the Contracts, if any, the Terminated Participant may pay over to the Trustee the sum
needed to make the distribution equal to the value ofthe Contracts being assigned or transferred, or the Trustee, pursuant
to the Participant's election, may borrow the cash value of the Contracts from the Insurer so that the value of the
Contracts is equal to the vested portion of the Terminated Participant's Combined Account and then assign the Contracts
to the Terminated Participant.
Distribution of the funds due to a Terminated Participant shall be made on the occurrence of an event which
would result in the distribution had the Terminated Participant remained in the employ of the Employer Le. upon the
Participant's death, Total and Permanent Disability, Early, Normal or Late Retirement Date. However, at the election of
the Participant, the Administrator shall direct that the entire vested portion of the Terminated Participant's Combined
Account to be payable to such Terminated Participant provided the conditions, if any, set forth in the Adoption
Agreement have been satisfied. Any distribution under this paragraph shall be made in a manner which is consistent with
and satisfies the provisions of Section 6.5.
(b) The vested portion of any Participant's Account shall be a percentage of such Participant's Account
determined on the basis of the Participant's number of Years of Service according to the vesting schedule specified in the
Adoption Agreement.
(c) Notwithstanding the vesting schedule above, upon the complete discontinuance of the Employer's
contributions to the Plan or upon any full or partial termination of the Plan, all amounts credited to the account of any
affected Participant shall become 100% Vested and shall not thereafter be subject to Forfeiture.
(d) If this is an amended or restated Plan, then notwithstanding the vesting schedule specified in the Adoption
Agreement, the vested percentage of a Participant's Account shall not be less than the vested percentage attained as of the
later of the effective date of the Plan or adoption date of this amendment and restatement. The computation of a
Participant's nonforfeitable percentage of his or her interest in the Plan shall not be reduced as the result of any direct or
indirect amendment to this Article.
(e)(1) If any Former Participant shall be reemployed by the Employer before a One-Year Break in Service
occurs, he or she shall continue to participate in the Plan in the same manner as if such termination had not
occurred.
(2) If any Former Participant shall be reemployed by the Employer before five (5) consecutive One-Year
Breaks in Service, and such Former Participant had received a distribution of his or her entire Vested interest
prior to his or her reemployment, his or her forfeited account shall be reinstated only if he or she repays the full
amount distributed to him or her before the earlier of five (5) years after the first date on which the Participant is
subsequently reemployed by the Employer or the close of the first period of 5 consecutive One-Year Breaks in
Service commencing after the distribution. If a distribution occurs for any reason other than a separation from
service, the time for repayment may not end earlier than five (5) years after the date of separation. In the event
the Former Participant does repay the full amount distributed to him, the undistributed portion of the
Participant's Account must be restored in full, unadjusted by any gains or losses occurring subsequent to the
Anniversary Date or other valuation date preceding his termination. If an employee receives a distribution
pursuant to this section and the employee resumes employment covered under this plan, the employee's
employer-derived account balance will be restored to the amount on the date of distribution if the employee
@ 2006 Nationwide Retirement Solutions, Inc.
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repays to the plan the full amount of the distribution attributable to employer contributions before the earlier of 5
years after the first date on which the participant is subsequently re-employed by the employer, or the date the
participant incurs five (5) consecutive One-Year Breaks in Service following the date of the distribution. If a
non-vested Former Participant was deemed to have received a distribution and such Former Participant is
reemployed by the Employer before five (5) consecutive One-Year Breaks in Service, then such Participant will
be deemed to have repaid the deemed distribution as of the date of reemployment.
(3) If any Former Participant is reemployed after a One-Year Break in Service has occurred, Years of
Service shall include Years of Service prior to his One-Year Break in Service subject to the following rules:
(i) Any Former Participant who under the Plan does not have a nonforfeitable right to any
interest in the Plan resulting from Employer contributions shall lose credits if his or her consecutive
One-Year Breaks in Service equal or exceed the greater of (A) five (5) or (B) the aggregate number of
his or her pre-break Years of Service;
(ii) After five (5) consecutive One-Year Breaks in Service, a Former Participant's vested Account
balance attributable to pre-break service shall not be increased as a result of post-break service;
(m) A Former Participant who is reemployed and who has not had his or her Years of Service before a
One-Year Break in Service disregarded pursuant to (i) above, shall participate in the Plan as of his date
of reemployment;
(iv) If a Former Participant again becomes eligible to participate (a One-Year Break in Service
previously occurred, but employment had not terminated), he shall participate in the Plan from the first
day on which he again becomes eligible.
(f) In determining Years of Service for purposes of vesting under the Plan, Years of Service shall be excluded as
specified in the Adoption Agreement.
(g) In determining Years of Service for purposes of vesting under the Plan, Years of Service will be credited to
Participants with respect to periods of qualified military service as provided in Code Section 414(u).
6.5 - DISTRIBUTION OF BENEFITS
(a)(I) Unless otherwise elected as provided below, a Participant who is married on the "Annuity Starting Date"
and who does not die before the "Annuity Starting Date" shall receive the value of all of his benefits in the form
of a Joint and Survivor Annuity, unless the Employer, in the Adoption Agreement, has elected to not have the
Joint and Survivor Annuity rules apply. The Joint and Survivor Annuity is an annuity that commences
immediately and shall be equal in value to a single life annuity. Such joint and survivor benefits following the
Participant's death shall continue to the spouse during the spouse's lifetime at a rate equal to 50% of the rate at
which such benefits were payable to the Participant. This Joint and Survivor Annuity shall be considered the
designated qualified Joint and Survivor Annuity and automatic form of payment for the purposes of this Plan.
However, the Participant may elect to receive a smaller annuity benefit with continuation of payments to the
spouse at a rate of seventy-five percent (75%) or one hundred percent (100%) of the Tate payable to a Participant
during his lifetime which alternative Joint and Survivor Annuity shall be equal in value to the automatic Joint
and 50% Survivor Annuity. An unmarried Participant shall receive the value of his benefit in the form of a life
annuity. Such unmarried Participant, however, may elect in writing to waive the life annuity. The election must
comply with the provisions of this Section as if it were an election to waive the Joint and Survivor Annuity by a
married Participant, but without the spousal consent requirement. The Participant may elect to have any annuity
provided for in this Section distributed upon the attainment of the "earliest retirement age" under the Plan. The
"earliest retirement age" is the earliest date on which, under the Plan, the Participant could elect to receive
retirement benefits.
(2) Any election to waive the Joint and Survivor Annuity must be made by the Participant in writing during
the election period and be consented to by the Participant's spouse. If the spouse is legally incompetent to give
consent, the spouse's legal guardian, even if such guardian is the Participant, may give consent. Such election
shall designate a Beneficiary (or a form of benefits) that may not be changed without spousal consent (unless the
@ 2006 Nationwide Retirement Solutions, Inc.
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consent of the spouse expressly permits designations by the Participant without the requirement of further
consent by the spouse). Such spouse's consent shall be irrevocable and must acknowledge the effect of such
election and be witnessed by a Plan representative or a notary public. Such consent shall not be required if it ,~
established to the satisfaction of the Administrator that the required consent cannot be obtained because there is
no spouse, the spouse cannot be located, or other circumstances that may be prescribed by Regulations. The
election made by the Participant and consented to by his spouse may be revoked by the Participant in writing
without the consent of the spouse at any time during the election period. The number of revocations shall not be
limited. Any new election must comply with the requirements of this paragraph. A former spouse's waiver shal;
not be binding on a new spouse.
(3) The election period to waive the Joint and Survivor Annuity shall be the 90-day period after the
Administrator provides the required written explanation to the Participant.
(4) For purposes of this Section and Section 6.6, the "Annuity Starting Date" means the first day of the first
period for which an amount is paid as an annuity, or, in the case of a benefit not payable in the form of an
annuity, the first day on which all events have occurred which entitles the Participant to such benefit.
(5) With regard to the election, the Administrator shall provide to the Participant within a reasonable period
oftime prior to the "annuity starting date" a written explanation of:
(i) the terms and conditions of the Joint and Survivor Annuity, and
(ii) the Participant's right to make and the effect of an election to waive the Joint and Survivor Annuity.
and
(iii) the right of the Participant's spouse to consent to any election to waive the Joint and Survivor
Annuity, and
(iv) the right of the Participant to revoke such election, and the effect of such revocation.
Notwithstanding the above, if the Participant elects (with spousal consent) to waive the requirement
that the written explanation be provided at least thirty (30) days before the "annuity starting date", the election
period shall be extended to the thirtieth (30th) day after the date on which such explanation is provided to the
Participant.
Any distribution provided for in this Section may commence less than thirty (30) days after the notice
required by Code Section 4l7(a)(3) is given if:
(i) the Administrator clearly informs the Participant that the Participant has a right to a period of thirty
(30) days after receiving the notice to consider whether to waive the Joint and Survivor Annuity and
consent to a form of distribution other than a Joint and Survivor Annuity.
(ii) the Participant is permitted to revoke an affirmative distribution election at least until the "annuity
starting date" or, if later at any time prior to the expiration of the 7-day period that begins the day after
the explanation of the Joint and Survivor Annuity is provided to the Participant.
(iii) the "Annuity Starting Date" is after the time that the explanation of the Joint and Survivor Annuity
is provided to the Participant. However, the "annuity starting date" may be before the date that any
affirmative distribution election is made by the Participant and before the date that the distribution is
permitted to commence under (iv) below, and
(iv) distribution in accordance with the affirmative election does not commence before the expiration of
the 7-day period that begins the day after the explanation of the Joint and survivor Annuity is provided
to the Participant.
(b) In the event a married Participant duly elects pursuant to paragraph (a)(2) above not to receive his or her
benefit in the form of a Joint and Survivor Annuity, or if such Participant is not married, in the form of a life annuity, the
(Q 2006 Nationwide Retirement Solutions, Inc.
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Administrator, pursuant to the election of the Participant, shall direct the distribution to a Participant or Beneficiary any
amount to which he or she is entitled under the Plan in one or more of the following methods which are permitted
pursuant to the Adoption Agreement:
(1) One lump-sum payment in cash;
(2) Payments over a period certain in monthly, quarterly, semiannual, or annual cash installments. In
order to provide such installment payments, the Administrator may direct that the Participant's interest
in the Plan be segregated and invested separately, and that the funds in the segregated account be used
for the payment of the installments. The period over which such payment is to be made shall not extend
beyond the Participant's life expectancy (or the life expectancy of the Participant and his designated
Beneficiary);
(3) Purchase of or providing an annuity. However, such annuity may not be in any form that will
provide for payments over a period extending beyond either the life of the Participant (or the lives of
the Participant and his designated Beneficiary) or the life expectancy of the Participant (or the life
expectancy of the Participant and his designated Beneficiary).
(c) The present value of a Participant's Joint and Survivor Annuity derived from Employer and Employee
contributions may not be paid without his written consent. Further, the spouse of a Participant must consent in writing to
any immediate distribution. No distribution may be made under the preceding sentence after the "annuity starting date"
unless the Participant and his or her spouse consent in writing to such distribution. Any written consent required under
this paragraph must be obtained not more than 90 days before commencement ofthe distribution and shall be made in a
manner consistent with Section 6.5(a)(2).
(d) Any distribution to a Participant who has a benefit shall require such Participant's consent if such distribution
commences prior to the later of his Normal Retirement Age or age 62. With regard to this required consent:
(1) No consent shall be valid unless the Participant has received a general description of the material
features and an explanation of the relative values of the optional forms of benefit available under the
Plan that would satisfY the notice requirements of Code Section 417.
(2) The Participant must be informed of his right to defer receipt of the distribution. If a Participant
fails to consent to an immediate distribution, it shall be deemed an election to defer the commencement
of payment of any benefit. However, any election to defer the receipt of benefits shall not apply with
respect to distributions which are required under Section 6.5(e).
(3) Notice of the rights specified under this paragraph shall be provided no less than 30 days and no
more than 90 days before the "annuity starting date."
(4) Written consent of the Participant to the distribution must not be made before the Participant
receives the notice and must not be made more than 90 days before the "annuity starting date."
(5) No consent shall be valid if a significant detriment is imposed under the Plan on any Participant
who does not consent to the distribution.
(e) All annuity Contracts under this Plan shall be non-transferable when distributed. Furthermore, the terms of
any annuity Contract purchased and distributed to a Participant or spouse shall comply with all of the requirements of this
Plan.
(f) Subject to any spouse's right of consent afforded under the Plan, the restrictions imposed by this Section shaH
not apply if a Participant has, prior to January 1, 1984, made a written designation to have his retirement benefit paid in
an alternative method acceptable under Code Section 401(a) as in effect prior to the enactment of the Tax Equity and
Fiscal Responsibility Act of 1982.
(g) If a distribution is made at a time when a Participant who has not terminated employment is not fully vested
in his or her Participant's Account and the Participant may increase the Vested percentage in such account:
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(1) A separate account shall be established for the Participant's interest in the Plan as of the time of the
distribution, and
(2) At any relevant time the Participant's vested portion of the separate account shall be equal to an
amount ("X") determined by the formula:
X equals P (AB plus (R x D)) - (R x D)
For purposes of applying the formula: P is the vested percentage at the relevant time, AB is the account balance at the
relevant time, D is the amount of distribution, and R is the ratio of the account balance at the relevant time to the account
balance after distribution.
(h) Unless the Employer otherwise elects in the Adoption Agreement or as otherwise required by Code Section
401 (a)(9), Participant consent to the distribution shall be required before the Plan may make the distribution.
(i) For distributions and transactions made after December 31, 2001, regardless of when the severance of
employment occurred, a Participant's elective deferrals, qualified nonelective contributions, qualified matching
contributions, and earnings attributable to these contributions shall be distributed on account of the participant's
severance from employment. However, such a distribution shall be subject to the other provisions of the plan regarding
distributions, other than provisions that require a separation from service before such amounts may be distributed.
6.6 - DISTRIBUTION OF BENEFITS UPON DEATH
(a) Unless otherwise elected in the Adoption Agreement or as provided below, a vested Participant who dies
before the annuity starting date and who has a surviving spouse shall have the Pre-Retirement Survivor Annuity paid to
his surviving spouse. The Participant's spouse may direct that payment of the Pre-Retirement Survivor Annuity
commence within a reasonable period after the Participant's death. If the spouse does not so direct, payment of such
benefit will commence at the time the Participant would have attained the later of his or her Normal Retirement Age or
age 62. However, the spouse may elect a later commencement date. Any distribution to the Participant's spouse shall be
subject to the rules specified in Section 6.6(h).
(b) Any election to waive the Pre-Retirement Survivor Annuity before the Participant's death must be made by
the Participant in writing during the election period and shall require the spouse's irrevocable consent in the same manner
provided for in Section 6.5(a)(2). Further, the spouse's consent must acknowledge the specific nonspouse Beneficiary.
Notwithstanding the foregoing, the nonspouse Beneficiary need not be acknowledged, provided the consent of the spouse
acknowledges that the spouse has the right to limit consent only to a specific Beneficiary and that the spouse voluntarily
elects to relinquish such right.
(c) The election period to waive the Pre-Retirement Survivor Annuity shall begin on the first day of the Plan
Year in which the Participant attains age 35 and end on the date of the Participant's death. An earlier waiver (with spousal
consent) may be made provided a written explanation of the Pre-Retirement Survivor Annuity is given to the Participant
and such waiver becomes invalid at the beginning of the Plan Year in which the Participant turns age 35. In the event a
Vested Participant separates from service prior to the beginning of the election period, the election period shall begin on
the date of such separation from service.
(d) With regard to the election, the Administrator shall provide each Participant within the applicable period,
with respect to such Participant (and consistent with Regulations), a written explanation of the Pre-Retirement Survivor
Annuity containing comparable information to that required pursuant to Section 6.5(a)(5) For the purposes of this
paragraph, the term "applicable period" means, with respect to a Participant, whichever of the following periods ends
last:
(1) The period beginning with the first day ofthe Plan Year in which the Participant attains age 32 and ending
with the close of the Plan Year preceding the Plan Year in which the Participant attains age 35;
(2) A reasonable period after the individual becomes a Participant. For this purpose, in the case of an individual
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who becomes a Participant after age 32, the explanation must be provided by the end of the three-year period
beginning with the first day of the first Plan Year for which the individual is a Participant;
(3) A reasonable period ending after the Plan no longer fully subsidizes the cost of the Pre-Retirement Survivor
Annuity with respect to the Participant;
(4) A reasonable period ending after Code Section 401(a)(11) applies to the Participant; or
(5) A reasonable period after separation from service in the case of a Participant who separates before attaining
age 35. For this purpose, the Administrator must provide the explanation beginning one year before the separation
from service and ending one year after separation.
(e) The Pre-Retirement Survivor Annuity provided for in this Section shall apply only to Participants who are
credited with an Hour of Service on or after August 23, 1984. Former Participants who are not credited with an Hour of
Service on or after August 23, 1984 shall be provided with rights to the Pre-Retirement Survivor Annuity in accordance
with Section 303(e)(2) ofthe Retirement Equity Act of 1984.
(f) No distribution may be made under the preceding sentence after the annuity starting date unless the spouse
consents in writing. Any written consent required under this paragraph must be obtained not more than 90 days before
commencement of the distribution and shall be made in a manner consistent with Section 6.5(a)(2).
(g)(I) In the event there is an election to waive the Pre-Retirement Survivor Annuity, and for death benefits in excess
of the Pre-Retirement Survivor Annuity, such death benefits shall be paid to the Participant's Beneficiary by either of the
following methods, as elected by the Participant (or if no election has been made prior to the Participant's death, by his
Beneficiary) subject to the rules specified in Section 6.6(h) and the selections made in the Adoption Agreement:
(i) One lump-sum payment in cash;
(ii) Payment in monthly, quarterly, semi-annual, or annual cash installments over a period to be determined
by the Participant or his Beneficiary. After periodic installments commence, the Beneficiary shall have the
right to reduce the period over which such periodic installments shall be made, and the cash amount of such
periodic installments shall be adjusted accordingly.
In the event the death benefit payable pursuant to Section 6.2 is payable in installments, then, upon the death of
the Participant, the Administrator may direct that the death benefit be segregated and invested separately, and that the
funds accumulated in the segregated account be used for the payment of the installments.
6.7 - TIME OF SEGREGATION OR DISTRIBUTION
Except as limited by Sections 6.5 and 6.6, whenever a distribution is to be made, or a series of payments are to
commence, on or as of an Anniversary Date, the distribution or series of payments may be made or begun on such date or
as soon thereafter as is practicable, but in no event later than 180 days after the Anniversary Date. However, unless a
Former Participant elects in writing to defer the receipt of benefits (such election may not result in a death benefit that is
more than incidental), the payment of benefits shall begin not later than the 60th day after the close of the Plan Year in
which the latest of the following events occurs: (a) the date on which the Participant attains the earlier of age 62 or the
Normal Retirement Age specified herein; (b) the 10th anniversary of the year in which the Participant commenced
participation in the Plan; or (c) the date the Participant terminates his service with the Employer.
Notwithstanding the foregoing, the failure of a Participant and, if applicable, the Participant's spouse, to consent
to a distribution pursuant to Section 6.5(d), shall be deemed to be an election to defer the commencement of payment of
any benefit sufficient to satisfy this Section.
6.8 - DISTRIBUTION FOR MINOR BENEFICIARY
In the event a distribution is to be made to a minor, then the Administrator may direct that such distribution be
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paid to the legal guardian, or if none, to a parent of such Beneficiary or a responsible adult with whom the Beneficiar)
maintains his or her residence, or to the custodian for such Beneficiary under the Uniform Gift to Minors Act or Gift t':'
Minors Act, if such is permitted by the laws of the state in which said Beneficiary resides. Such a payment to the legal
guardian, custodian or parent of a minor Beneficiary shall fully discharge the Trustee, Employer, and Plan from further
liability on account thereof.
6.9 - LOCATION OF PARTICIPANT OR BENEFICIARY UNKNOWN
In the event that all, or any portion, of the distribution payable to a Participant or his or her Beneficiary
hereunder shall, at the later ofthe Participant's attainment of age 62 or his or her Normal Retirement Age, remain unpaid
solely by reason of the inability of the Administrator, after sending a registered letter, return receipt requested, to the last
known address, and after further diligent effort, to ascertain the whereabouts of such Participant or his or her Beneficiary,
the amount so distributable shall be treated as a Forfeiture pursuant to the Plan. In the event a Participant or Beneficiary
is located subsequent to his or her benefit being reallocated, such benefit shall be restored, first from Forfeitures, if any.
and then from an additional Employer contribution if necessary.
6.10 - PRE-RETIREMENT DISTRIBUTION
For Profit Sharing Plans and 40l(k) Profit Sharing Plans, if elected in the Adoption Agreement, at such time as a
Participant shall have attained the age specified in the Adoption Agreement, the Administrator, at the election of the
Participant, shall direct the distribution of up to the entire amount then credited to the accounts maintained on behalf of
the Participant. However, no such distribution from the Participant's Account shall occur prior to 100% vesting. In the
event that the Administrator makes such a distribution, the Participant shall continue to be eligible to participate in the
Plan on the same basis as any other Employee. Any distribution made pursuant to this Section shall be made in a manner
consistent with Section 6.5. Furthermore, if an in-service distribution is permitted from more than one account type, the
Administrator may determine any ordering ofa Participant's distribution.
6.11 - ADVANCE DISTRIBUTION FOR HARDSHIP
(a) For Profit Sharing Plans, if elected in the Adoption Agreement, the Administrator, at the election of the
Participant, shall direct the distribution to any Participant in anyone Plan Year up to the lesser of 100% of his
Participant's accounts valued as of the last Anniversary Date or other valuation date or the amount necessary to satisfy the
immediate and heavy financial need of the Participant. Any distribution made pursuant to this Section shall be deemed to
be made as of the first day of the Plan Year or, if later, the valuation date immediately preceding the date of distribution,
and the account from which the distribution is made shall be reduced accordingly. Withdrawal under this Section shall be
authorized only if the distribution is on account of:
(1) Medical expenses described in Code Section 2l3(d) incurred by the Participant, his spouse, or any ot
his dependents (as defined in Code Section 152) or expenses necessary for these persons to obtain medical
care as described in Code Section 2l3(d) (determined without regard to whether the expenses exceed 7.5%
of adjusted gross income);
(2) Costs directly related to the purchase (excluding mortgage payments) of a principal residence for the
Participant;
(3) Funeral or burial expenses for the Participant's deceased parent, spouse, children or dependents (as
defined in Code Section 152, and, for taxable years beginning on or after January 1,2005, without regard
to Code Section 1 52(d)(1)(B);
(4) Payment of tuition, related educational fees, and for room and board expenses for up to the next twelve
(12) months of post-secondary education for the Participant, his spouse, children, or dependents (as
defined in Code Section 152, and, for taxable years beginning on or after January 1,2005, without regard
to Code Section 1 52(b)(1), (b)(2), and (d)(1)(B));
(5) The need to prevent the eviction of the Participant from his principal residence or foreclosure on the
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mortgage of the Participant's principal residence; or
(6) Expenses for the repair of damage to the Participant's principal residence that would qualify for the
casualty deduction under Code Section 165 (determined without regard to whether the loss exceeds 10%
of adjusted gross income).
(b) No such distribution shall be made from the Participant's Account until such Account has become fully
Vested.
(c) Any distribution made pursuant to this Section shall be made in a manner which is consistent with and
satisfies Code Section 401(a)(9).
6.12 - QUALIFIED DOMESTIC RELATIONS ORDER DISTRIBUTION
All rights and benefits, including elections, provided to a Participant in this Plan shall be subject to the rights
afforded to any "alternate payee" under a "qualified domestic relations order". Furthermore, a distribution to an
"alternate payee" shall be permitted if such distribution is authorized by a "qualified domestic relations order," as defined
in Code Section 414(p).
6.13 - SPECIAL RULE FOR NON-ANNUITY PLANS
If elected in the Adoption Agreement, the following shall apply to a Participant in a Profit Sharing Plan or
401(k) Profit Sharing Plan and to any distribution, made on or after the first day ofthe first plan year beginning after
December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee
contributions, as defined in Code Section 72(0)(5)(B), and maintained on behalf of a participant in a money purchase
pension plan, (including a target benefit plan):
(a) The Participant shall be prohibited from electing benefits in the form ofa life annuity;
(b) Upon the death of the Participant, the Participant's entire Vested account balances will be paid to his or her
surviving spouse, or, if there is no surviving spouse or the surviving spouse has already consented to waive his or her
benefit, in accordance with Section 6.6, to his designated Beneficiary;
(c) Except to the extent otherwise provided in this Section and Section 6.5(h), the other provisions of Sections
6.2, 6.5 and 6.6 regarding spousal consent and the forms of distributions shall be inoperative with respect to this Plan.
(d) If a distribution is made under Sections 6.2, 6.5 or 6.6, such distribution may commence less than 30 days
after the notice described in Section 1.411(a)-11(c) of the Income Tax Regulations is given, provided that:
(1) the Plan Administrator clearly informs the Participant that the Participant has a right to a period of at least 30
days after the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular
distribution option), and
(2) the Participant, after receiving the notice, affirmatively elects a distribution.
6.14 - REOU1RED MINIMUM DISTRIBUTIONS
(a) Effective Date. The provisions of this Section will apply for purposes of determining required minimum
distributions for calendar years beginning with the 2003 calendar year.
(b) Requirements of Treasury Regulations Incorporated. All distributions required under this Section will be
determined and made in accordance with the Treasury regulations under Section 40 1 (a)(9) of the Internal Revenue Code.
(c) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to
the Participant no later than the Participant's required beginning date.
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(d) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin. the
Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:
(i) If the Participant's surviving spouse is the Participant's sole designated beneficiary, distributions to
the surviving spouse will begin by December 31 of the calendar year immediately following the
calendar year in which the Participant died, or by December 3 I of the calendar year in which the
Participant would have attained age 70 1/2, if later.
(ii) Ifthe Participant's surviving spouse is not the Participant's sole designated beneficiary,
distributions to the designated beneficiary will begin by December 31 of the calendar year immediately
following the calendar year in which the Participant died.
(iii) Ifthere is no designated beneficiary as of September 30 of the year following the year of the
Participant's death, the Participant's entire interest will be distributed by December 31 of the calendar
year containing the fifth anniversary of the Participant's death.
(iv) Ifthe Participant's surviving spouse is the Participant's sole designated beneficiary and the
surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this
Section will apply as if the surviving spouse were the Participant.
(e) Required Minimum Distributions During Participant's Lifetime. During the Participant's lifetime, the
minimum amount that will be distributed for each distribution calendar year is the lesser of:
(i) the quotient obtained by dividing the Participant's account balance by the distribution period in the
Uniform Lifetime Table set forth in Section 1.40l(a)(9)-9 of the Treasury regulations, using the
Participant's age as of the Participant's birthday in the distribution calendar year; or
(ii) if the Participant's sole designated beneficiary for the distribution calendar year is the Participant's
spouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint
and Last Survivor Table set forth in Section 1.401 (a)(9)-9 of the Treasury regulations, using the
participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution
calendar year.
(f) Death On or After Date Distributions Begin and Participant Survived by Designated Beneficiary.
(i) If the Participant dies on or after the date distributions begin and there is a designated beneficiary,
the minimum amount that will be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the Participant's ac.count balance by the longer
of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's
designated beneficiary, determined as follows: The Participant's rem<l;ining life expect\illcy is calc;ulated
using the age of the Participant in the year of death, reduced by one'for e.ach subsequent year.
(ii) If the Participant's surviving spouse is the Participant's sole designatedbenefieiary, the remaining
. .
life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of
the Participant's death using the surviving spoJse's age as of the spouse's birthday in that year. For
distribution calendar years after the year of the survi"<ring spouse's death, the remaining life expectancy
ofthe surviving spouse is calculated us.~pg the age of the surviving spouse as oft,he spouse's birthday in
the calendar year of the spouse's death, reduced by one for each subsequent calehda,r year.
. - . .
(iii) lfthe Participant's surviving spouse is not the 'participant's sole design~ted beneficiary, the
designated beneficiary's remaining life expectancy is calculated using the age of the beneficiary in the
year following the year of the Participant's death, reduced b;r one for each subsequent year.
(iv) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there
is no designated beneficiary as of September 30 of the year after the year of the Participant's death, the
minimum amount that will be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the participant's account balance by the
Participant's remaining life expectancy calculated using the age of the Participant in the year of death,
reduced by one for each subsequent year.
(g) Death Before Date Distributions Begin and Participant Survived by Designated Beneficiary. If the
Participant dies before the date distributions begin and there is a designated beneficiary, the minimum amount that will be
@ 2006 Nationwide Retirement Solutions, Inc. ~:::'
distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing
the Participant's account balance by the remaining life expectancy of the Participant's designated beneficiary.
(i) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is
no designated beneficiary as of September 30 of the year following the year of the Participant's death,
distribution of the Participant's entire interest will be completed by December 31 of the calendar year
containing the fifth anniversary of the Participant's death.
(h) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin, If the
Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated
beneficiary, and the surviving spouse dies before distributions are required to begin, this Section will apply as if the
surviving spouse were the Participant.
6.15 - INVOLUNTARY DISTRIBUTIONS
(a) If the plan provides for involuntary cash-outs of amounts $5,000 or less, then unless otherwise elected in the Adoption
Agreement, this section shall apply for distributions made after December 31, 2001, and shall apply to all Participants. However,
regardless of the preceding, this section shall not apply if the plan is subject to the qualified joint and survivor annuity requirements of
Sections 401(a)(1l) and 417 of the Code.
(b) For purposes of the sections of the plan that provide for the involuntary distribution of vested accrued benefits of $5,000 or
less, the value of a Participant's non-forfeitable account balance shall be determined without regard to that portion of the account
balance that is attributable to rollover contributions (and earnings allocable thereto) within the meaning of Sections 402(c), 403(a)(4),
403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code.
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ARTICLE vn - TRUSTEE
7.1 - BASIC RESPONSmILITIES OF THE TRUSTEE
The Trustee shall have the following categories of responsibilities:
(a) Consistent with the "funding policy and method" determined by the Employer, to invest, manage, and control
the Plan assets subject, however, to the direction of an Investment Manager, if the Employer should appoint such
manager as to all or a portion of the assets of the Plan;
(b) At the direction of the Administrator, to pay benefits required under the Plan to be paid to Participants, or, in
the event of their death, to their Beneficiaries;
(c) To maintain records of receipts and disbursements and furnish to the Employer and/or Administrator for each
Plan Year a written annual report per Section 7.7; and
(d) If there shall be more than one Trustee, they shall act by a majority oftheir number, but may authorize one
or more of them to sign papers on their behalf.
7.2 - INVESTMENT POWERS AND DUTIES OF THE TRUSTEE
(a) The Trustee shall invest and reinvest the Trust Fund to keep the Trust Fund invested without distinction
between principal and income and in such securities or property, real or personal, wherever situated, as the Trustee shall
deem advisable, including, but not limited to, stocks, common or preferred, bonds and other evidences of indebtedness or
ownership, and real estate or any interest therein. The Trustee shall at all times in making investments of the Trust Fund
consider, among other factors, the short and long-term financial needs of the Plan on the basis of information furnished
by the Employer. In making such investments, the Trustee shall not be restricted to securities or other property of the
character expressly authorized by the applicable law for trust investments; however, the Trustee shall give due regard to
any limitations imposed by the Code so that at all times this Plan may qualify as a qualified Plan and Trust.
(b) The Trustee may employ a bank or trust company pursuant to the terms of its usual and customary bank
agency agreement, under which the duties of such bank or trust company shall be of a custodial, clerical and record-
keeping nature.
(c) The Trustee may from time to time transfer to a common, collective, or pooled trust fund maintained by any
corporate Trustee hereunder pursuant to Revenue Ruling 81-100, all or such part of the Trust Fund as the Trustee may
deem advisable, and such part or all of the Trust Fund so transferred shall be subject to all the terms and provisions of the
common, collective, or pooled trust fund which contemplate the commingling for investment purposes of such trust assets
with trust assets of other trusts. The Trustee may withdraw from such common, collective, or pooled trust fund all or such
part ofthe Trust Fund as the Trustee may deem advisable.
(d) The Trustee, at the direction of the Administrator and pursuant to instructions from the individual designated
in the Adoption Agreement for such purpose and subject to the conditions set forth in the Adoption Agreement, shall
ratably apply for, own, and pay all premiums on Contracts on the lives of the Participants. Any initial or additional
Contract purchased on behalf of a Participant shall have a face amount of not less than $1,000, the amount set forth in the
Adoption Agreement, or the limitation of the Insurer, whichever is greater. If a life insurance Contract is to be purchased
for a Participant, the aggregate premium for ordinary life insurance for each Participant must be less than 50% of the
aggregate contributions and Forfeitures allocated to a Participant's Combined Account. For purposes of this limitation,
ordinary life Contracts are Contracts with both non-decreasing death benefits and non-increasing premiums. If term or
universal life insurance is purchased with such contributions, the aggregate premium must be less than 25% of the
aggregate contributions and Forfeitures allocated to a Participant's Combined Account. If both term insurance and
ordinary life insurance are purchased with such contributions, the amount expended for term insurance plus one-half of
the premium for ordinary life insurance must be less than 25% of the aggregate Employer contributions and Forfeitures
@ 2006 Nationwide Retirement Solutions, Inc.
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allocated to a Participant's Combined Account. The Trustee must distribute the Contracts to the Participant or convert the"
entire value of the Contracts at or before retirement into cash or provide for a periodic income so that no portion of such
value may be used to continue life insurance protection beyond retirement. Notwithstanding the above, the limitatiom
imposed herein with respect to the purchase of life insurance shall not apply, in the case of a Profit Sharing Plan, to the
portion of a Participant's Account that has accumulated for at least two (2) Plan Years. Notwithstanding anything
hereinabove to the contrary, amounts credited to a Participant's Qualified Voluntary Employee Contribution Accoun\
shall not be applied to the purchase oflife insurance contracts.
(e) The Trustee will be the owner of any life insurance Contract purchased under the terms of this Plan. The
Contract must provide that the proceeds will be payable to the Trustee; however, the Trustee shall be required to pay over
all proceeds of a life insurance Contract to the Participant's designated Beneficiary in accordance with the distribution
provisions of Article VI. A Participant's spouse will be the designated Beneficiary pursuant to Section 6.2, unless a
qualified election has been made in accordance with Sections 6.5 and 6.6 of the Plan, if applicable. Under no
circumstances shall the Trust retain any part of the proceeds. However, the Trustee shall not pay the proceeds in a method
that would violate the requirements of the Code and the Regulations thereunder
(f') Unless authorized in writing by Nationwide to the contrary, a portion of the assets of the
Trust Fund shall be invested in products provided by Nationwide Life Insurance Company, or its related or affiliated
companies.
7.3 - OTHER POWERS OF THE TRUSTEE
The Trustee, in addition to all powers and authorities under common law, statutory authority and other
provisions ofthis Plan, shall have the following powers and authorities to be exercised in the Trustee's sole discretion:
(a) To purchase, or subscribe for, any securities or other property and to retain the same. In conjunction
with the purchase of securities, margin accounts may be opened and maintained;
(b) To sell, exchange, convey, transfer, grant options to purchase, or otherwise dispose of any securities
or other property held by the Trustee, by private contract or at public auction. No person dealing with the
Trustee shall be bound to see to the application of the purchase money or to inquire into the validity,
expediency, or propriety of any such sale or other disposition, with or without advertisement;
(c) To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of
attorney with or without power of substitution; to exercise any conversion privileges, subscription rights or other
options, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in,
corporate reorganizations or other changes affecting corporate securities, and to delegate discretionary powers,
and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an
owner with respect to stocks, bonds, securities, or other property;
(d) To cause any securities or other property to be registered in the Trustee's own name or in the name of one or
more of the Trustees nominees, and to hold any investments in bearer form, but the books and records of the Trustee shall
at all times show that all such investments are part of the Trust Fund;
(e) To borrow or raise money for the purposes of the Plan in such amount, and upon such terms and conditions,
as the Trustee shall deem advisable; and for any sum so borrowed, to issue a promissory note as Trustee, and to secure
the repayment thereof by pledging all, or any part, of the Trust Fund; and no person lending money to the Trustee shall be
bound to see to the application of the money lent or to inquire into the validity, expediency, or propriety of any
borrowing;
(f) To keep such portion of the Trust Fund in cash or cash balances as the Trustee may, from time to time, deem
to be in the best interests of the Plan, without liability for interest thereon;
(g) To accept and retain for such time as it may deem advisable any securities or other property received or
acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as
investments hereunder;
~
\
<<;) 2006 Nationwide Retirement Solutions, Inc.
35
(h) To make, execute, acknowledge, and deliver any and all documents of transfer and conv~yance and any and
all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(i) To settle, compromise, or submit to arbitration any claims, debts, or damages due or owing to or from the
Plan, to commence or defend suits or legal or administrative proceedings, and to represent the Plan in all suits and legal
and administrative proceedings;
G) To employ suitable agents and counsel and to pay their reasonable expenses and compensation, and such
agent or counsel mayor may not be agent or counsel for the Employer;
(k) To apply for and procure from the insurer as an investment of the Trust Fund such annuity, or other
Contracts (on the life of any Participant or group of participants) as the Administrator shall deem proper; to exercise, at
any time or from time to time, whatever rights and privileges may be granted under such annuity, or other Contracts; to
collect, receive, and settle for the proceeds of all such annuity, or other Contracts as and when entitled to do so under the
provisions thereof;
(1) To invest funds of the Trust in time deposits or savings accounts bearing a reasonable rate of interest in the
Trustee's bank;
(m) To invest in Treasury Bills and other forms of United States government obligations;
(n) To sell, purchase and acquire put or call options if the options are traded on and purchased through a
national securities exchange registered under the Securities Exchange Act of 1934, as amended, or, if the options are not
traded on a national securities exchange, are guaranteed by a member firm of the New York Stock Exchange;
(0) To deposit monies in federally insured savings accounts or certificates of deposit in banks or savings and
loan associations;
(p) To pool all or any of the Trust Fund, from time to time, with assets belonging to any other qualified
employee pension benefit trust created by the Employer or any Affiliated Employer, and to commingle such assets and
make joint or common investments and carry joint accounts on behalf of this Plan and such other trust or trusts, allocating
undivided shares or interests in such investments or accounts or any pooled assets of the two or more trusts in accordance
with their respective interests;
(q) To do all such acts and exercise all such rights and privileges, although not specifically mentioned herein, as
the Trustee may deem necessary to carry out the purposes of the Plan.
(r) "Directed Investment Account" The powers granted to the Trustee shall be exercised in the sole fiduciary
discretion of the Trustee. However, if elected in the Adoption Agreement, each Participant may direct the Trustee to
separate and keep separate his or her interest in the Plan; and further each Participant is authorized and empowered, in his
or her sole and absolute discretion, to give directions to the Trustee in such form as the Trustee may require concerning
the investment of the Participant's Directed Investment Account, which directions must be followed by the Trustee
subject, however, to restrictions on payment of life insurance premiums. Neither the Trustee nor any other persons,
including the Administrator or otherwise, shall be under any duty to question any such direction of the Participant or to
review any securities or other property, real or personal, or to make any suggestions to the Participant in connection
therewith, and the Trustee shall comply as promptly as practicable with directions given by the Participant hereunder.
Any such direction may be of a continuing nature or otherwise and may be revoked by the Participant at any time in such
form as the Trustee may require. The Trustee may refuse to comply with any direction from the Participant in the event
the Trustee, in its sole and absolute discretion, deems such directions improper by virtue of applicable law, and in such
event, the Trustee shall not be responsible or liable for any loss or expense which may result. Any costs and expenses
related to compliance with the Participant's directions shall be borne by the Participant's Directed Investment Account. In
the event the Participant fails to direct his Directed Investment Account, the Trustee shall direct such account.
Notwithstanding anything hereinabove to the contrary, the Trustee shall not invest any portion of a Directed
Investment Account in "collectibles" within the meaning of that term as employed in Code Section 408(m).
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7.4 - LOANS TO PARTICIPANTS
(a) If specified in the Adoption Agreement, the Trustee (or, if loans are treated as Directed Investment pursuant
to the Adoption Agreement, the Administrator) may, in the Trustee's (or, if applicable, the Administrator's) sole
discretion, make loans to Participants or Beneficiaries under the following circumstances: (1) loans shall be made
available to all Participants and Beneficiaries on a reasonably equivalent basis; (2) loans shall not be made available to
highly compensated employees (as defined in Code Section 414(q)) in an amount greater than the amount made available
to other Participants; (3) loans shall bear a reasonable rate of interest; (4) loans shall be adequately secured; and (5) loans
shall provide for periodic repayment over a reasonable period of time.
(b) Loans shall not be granted to any Participant that provide for a repayment period extending beyond such
Participant's Normal Retirement Date.
(c) Loans made pursuant to this Section (when added to the outstanding balance of all other loans made by the
Plan to the Participant) shall be limited to the lesser of:
(1) $50,000 reduced by the excess (if any) of the highest outstanding balance of loans from the Plan to the
Participant during the one year period ending on the day before the date on which such loan is made, over the
outstanding balance of loans from the Plan to the Participant on the date on which such loan was made, or
(2) one-half (1/2) of the present value of the non-forfeitable accrued benefit of the Employee under the Plan.
For purposes of this limit, all plans of the Employer shall be considered one plan.
(d) No Participant loan shall take into account the present value of such Participant's Qualified Voluntary
Employee Contribution Account.
(e) Loans shall provide for level amortization with payments to be made not less frequently than quarterly over a
period not to exceed five (5) years. However, loans used to acquire any dwelling unit which, within a reasonable time, is
to be used (determined at the time the loan is made) as a principal residence of the Participant shall provide for periodic
repayment over a reasonable period oftime that may exceed five (5) years.
(f) An assignment or pledge of any portion of a Participant's interest in the Plan and a loan, pledge, or
assignment with respect to any Contract purchased under the Plan, shall be treated as a loan under this Section.
(g) Any loan made pursuant to this Section after August 18, 1985 where the vested interest of the Participant is
used to secure such loan shall require the written consent of the Participant's spouse in a manner consistent with Section
6.5(a), provided the spousal consent requirements of such Section apply to the Plan. Such written consent must be
obtained within the 90-day period prior to the date the loan is made. Any security interest held by the Plan by reason of
an outstanding loan to the Participant shall be taken into account in determining the amount of the death benefit or Pre-
Retirement Survivor Annuity. However, no spousal consent shall be required under this paragraph if the total accrued
benefit subject to the security is not in excess of$5,000.
(h) The Administrator shall be authorized to establish Participant loan procedures, which must include, but need
not be limited to, the following:
(1) the identity of the person or positions authorized to administer the Participant loan program;
(2) a loan application procedure;
(3) the basis on which loans will be approved or denied;
(4) limitations, if any, on the types and amounts of loans offered, including what constitutes a hardship or
financial need if selected in the Adoption Agreement;
(5) the procedure under the program for determining a reasonable rate of interest:
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(6) the types of collateral which may secure a Participant loan; and
(7) the events constituting default and the steps that will be taken to preserve plan assets.
Such Participant loan procedures shall be contained in a separate written document which, when properly
executed, is hereby incorporated by reference and made a part of this Plan. Furthermore, such Participant loan procedures
may be modified or amended in writing from time to time without the necessity of amending this Section of the Plan.
(i) Unless indicated otherwise in the Adoption Agreement, loan payments will be suspended under this Plan as
permitted under Code Section 414(u).
G) If the Employer elects to permit plan loans in the Adoption Agreement, then effective for plan loans made after
December 31,2001, plan provisions prohibiting loans to any owner-employee or shareholder-employee shall cease to apply.
7.5 - DUTIES OF THE TRUSTEE REGARDING PAYMENTS
At the direction of the Administrator, the Trustee shall, from time to time, in accordance with the terms of the
Plan, make payments out of the Trust Fund. The Trustee shall not be responsible in any way for the application of such
payments.
,
7.6 - TRUSTEE'S COMPENSATION AND EXPENSES AND TAXES
The Trustee shall be paid such reasonable compensation as set forth in the Trustee's fee schedule, if any, or as
otherwise agreed upon in writing by the Employer and the Trustee. An individual serving as Trustee who already receives
full-time pay from the Employer shall not receive compensation from this Plan. In addition, the Trustee shall be
reimbursed for any reasonable expenses, including reasonable counsel fees incurred by it as Trustee. Such compensation
and expenses shall be paid from the Trust Fund unless paid or advanced by the Employer. All taxes of any kind and all
kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect of, the Trust Fund or the
income thereof, shall be paid from the Trust Fund to the extent permitted by law.
7.7 - ANNUAL REPORT OF THE TRUSTEE
Within a reasonable period of time after the later of the Anniversary Date or receipt of the Employer's
contribution for each Plan Year, the Trustee, or its agent, shall furnish to the Employer and Administrator a written
statement of account with respect to the Plan Year for which such contribution was made setting forth:
(a) the net income, or loss, of the Trust Fund;
(b) the gains, or losses, realized by the Trust Fund upon sales or other disposition of the
assets;
(c) the increase, or decrease, in the value of the Trust Fund;
(d) all payments and distributions made from the Trust Fund; and
(e) such further information as the Trustee and/or Administrator deems appropriate. The Employer, forthwith
upon its receipt of each such statement of account, shall acknowledge receipt thereof in writing and advise the Trustee
and/or Administrator of its approval or disapproval thereof. Failure by the Employer to disapprove any such statement of
account within thirty (30) days after its receipt thereof shall be deemed an approval thereof. The approval by the
Employer of any statement of account shall be binding as to all matters embraced therein as between the Employer and
the Trustee to the same extent as if the account of the Trustee had been settled by judgment or decree in an action for a
judicial settlement of its account in a court of competent jurisdiction in which the Trustee, the Employer and all persons
having or claiming an interest in the Plan were parties; provided, however, that nothing herein contained shall deprive the
Trustee of its right to have its accounts judicially settled if the Trustee so desires.
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7.8 - RESIGNA TION. REMOVAL AND SUCCESSION OF TRUSTEE
(a) The Trustee may resign at any time by delivering to the Employer, at least thirty (30) days before its
effective date, a written notice of resignation.
(b) The Employer may remove the Trustee by mailing by registered or certified mail, addressed to such Trustee
at the Trustee's last known address, at least thirty (30) days before its effective date, a written notice of removal.
(c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the
Employer; and such successor, upon accepting such appointment in writing and delivering same to the Employer, shall,
without further act, become vested with all the estate, rights, powers, discretion's, and duties of the predecessor with like
respect as if originally named as a Trustee herein. Until such a successor is appointed, the remaining Trustee or Trustees
shall have fuIl authority to act under the terms of the Plan.
(d) The Employer may designate one or more successors prior to the death, resignation, incapacity, or removal
of a Trustee. In the event a successor is so designated by the Employer and accepts such designation, the successor shall,
without further act, become vested with all the estate, rights, powers, discretion's, and duties of the predecessor with the
like effect as if originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of the
predecessor.
(e) Whenever any Trustee hereunder ceases to serve as such, such Trustee shall furnish to the Employer and
Administrator a written statement of account with respect to the portion of the Plan Year during which such Trustee
served. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required
under Section 7.7, or (ii) set forth in a special statement. Any such special statement of account should be rendered to the
Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in
Section 7.7 for the approval by the Employer of annual statements of account shall apply to any special statement of
account rendered hereunder and approval by the Employer of any such special statement in the manner provided in
Section 7.7 shall have the same effect upon the statement as the Employer's approval of an annual statement of account.
No successor to the Trustee shall have any duty or responsibility to investigate the acts or transactions of any predecessor
who has rendered all statements of account required by Section 7.7 and this subparagraph.
7.9 - TRANSFER OF INTEREST
Notwithstanding any other provision contained in this Plan, the Trustee, at the direction of the Administrator,
shall transfer the vested interest, if any, of such Participant in his account to another trust forming part of a pension,
profit sharing, or stock bonus plan maintained by such Participant's new employer and represented by said employer in
writing as meeting the requirements of Code Section 401 (a), provided that the trust to which such transfers are made
permits the transfer to be made.
(a) Notwithstanding any provision of the plan to the contrary, that would otherwise limit a Participant's
distribution election under the Plan, a Participant shall be permitted to elect to have any "eligible rollover distribution"
transferred directly to an "eligible retirement plan" specified by the Participant. The Plan provisions otherwise
applicable to distributions continue to apply to the direct transfer option. The Participant shall, in the manner prescribed
by the Administrator, specify the amount to be directly transferred and the "eligible retirement plan" to receive the
transfer. Any portion of a distribution which is not transferred shall be distributed to the Participant.
(b) For purposes of this Section, the term "eligible rollover distribution" means any distribution other than (i) a
distribution of substantially equal periodic payments (not less frequently than annually) over the life or life expectancy of
the Participant (or joint life or joint life expectancies ofthe Participant and the designated beneficiary) or a distribution
over a period certain often years or more; (ii) amounts required to be distributed under Code Section 401(a)(9); (iii) the
portion of any other distribution that is not includible in gross income; (iv) excess annual additions, and income allocable
thereto, returned pursuant to Section 4.5; (v) corrective distributions of excess deferrals, together with the income
allocable thereto, pursuant to Section 11.2(f); (vi) loans that are deemed distributed under Code Section 72(p); (vii) the
cost of coverage under a life insurance contract (P .S. 58 costs), (viii) any hardship distribution described in Code Section
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401(k)(2)(B)(i)(IV) and (ix) similar items designated by the Commissioner in revenue rulings, notices and other guidance
published in the Internal Revenue Bulletin.
(c) For purposes of this section, a portion of a distribution shall not fail to be an eligible rollover distribution
merely because the portion consists of after-tax employee contributions which are not includible in gross income.
However, such portion may be transferred only to an individual retirement account or annuity described in Code Section
408(a) or (b), or to a qualified defined contribution plan described in Code Sections 401(a) or 403(b) that agrees to
separately account for amounts so transferred, including separately accounting for the portion of such distribution which
is includible in gross income and the portion of such distribution which is not so includible.
(d) For purposes of this Section, the term "eligible retirement plan" means (i) an individual retirement account
as described in Code Section 408(a); (ii) an individual retirement annuity as described in Code Section 408(b); (iii) an
annuity plan as described in Code Sections 403(a) or 403(b); (iv) an eligible plan under Code Section 457(b) which is
maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision
ofa State which agrees to separately account for amounts transferred into such plan from this plan; or (v) a defined
contribution plan as described in Code Section 401(a) which is exempt from tax under Code Section 501(a) and which
accepts rollover distributions, provided that the Plan Administrator of such plan represents in writing that such plan meets
the requirements of Code Section 40l(a).
(e) The election described in subsection (a) shall also be available to the surviving spouse after the Participant's
death; however, distributions to the surviving spouse may only be transferred to an individual retirement account or
individual retirement annuity. For purposes of subsection (a), a spouse or former spouse who is the alternate payee under
a qualified domestic relations order as defmed in Code Section 414(p) will be treated as the Participant.
7.10 - TRUSTEE INDEMNIFICATION
The Employer agrees to indemnify and save harmless the Trustee against any and all claims, losses, damages,
expenses and liabilities the Trustee may incur in the exercise and performance of the Trustee's powers and duties
hereunder, unless the same are determined to be due to gross negligence or willful misconduct.
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ARTICLE VIII - AMENDMENT. TERMINATION. AND MERGERS
8.1 - AMENDMENT
(a) The Employer shall have the right at any time to amend this Plan subject to the limitations of this Section.
However, any amendment which affects the rights, duties or responsibilities of the Trustee and Administrator may only
be made with the Trustee's and Administrator's written consent. Any such amendment shall become effective as provided
therein upon its execution. The Trustee shall not be required to execute any such amendment unless the amendment
affects the duties of the Trustee hereunder.
(b) No amendment to the Plan shall be effective if it authorizes or permits any part of the Trust Fund (other than
such part as is required to pay taxes and administration expenses) to be used for or diverted to any purpose other than for
the exclusive benefit of the Participants or their Beneficiaries or estates; or causes any reduction in the amount credited to
the account of any Participant; or causes or permits any portion of the Trust Fund to revert to or become property of the
Employer.
8.2 - TERMINATION
(a) The Employer shall have the right at any time to terminate the Plan by delivering to the Trustee and
Administrator written notice of such termination. Upon any full or partial termination, all amounts credited to the affected
Participants' Combined Accounts shall become 100% vested and shall not thereafter be subject to forfeiture, and all
unallocated amounts shall be allocated to the accounts of all Participants in accordance with the provisions hereof.
(b) Upon the fuIl termination of the Plan, the Employer shall direct the distribution of the assets to Participants
in a manner which is consistent with and satisfies the provisions of the Plan and Code to a Participant shall be made in
cash (or in property if permitted in the Adoption Agreement) or through the purchase of irrevocable nontransferable
deferred commitments from the Insurer.
8.3 - MERGER OR CONSOLIDATION
This Plan may be merged or consolidated with, or its assets and/or liabilities may be transferred to any other
plan only if the benefits which would be received by a Participant of this Plan, in the event of a termination of the plan
immediately after such transfer, merger or consolidation, are at least equal to the benefits the Participant would have
received ifthe Plan had terminated immediately before the transfer, merger or consolidation.
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ARTICLE IX - MISCELLANEOUS
9.1 - EMPLOYER ADOPTIONS
(a) Any organization may become the Employer hereunder by executing the Adoption Agreement in form
satisfactory to the Trustee, and it shall provide such additional information as the Trustee may require. The consent of the
Trustee to act as such shall be signified by its execution of the Adoption Agreement.
(b) Except as otherwise provided in this Plan, the affiliation of the Employer and the participation of its
Participants shall be separate and apart from that of any other employer and its participants hereunder.
9.2 - PARTICIPANT'S RIGHTS
Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in
the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any
time regardless of the effect which such discharge shall have upon him as a Participant of this Plan.
9.3 - ALIENATION
(a) Subject to the exceptions provided below, no benefit which shall be payable to any person (including a
Participant or his Beneficiary) shall be subject in any manner to anticipation, alienation, sale, transfer, assignment,
pledge, encumbrance, or charge, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, or charge
the same shall be void. No such benefit shall in any manner be liable for, or subject to, the debts, contracts, liabilities,
engagements, or torts of any such person, nor shall it be subject to attachment or legal process for or against such person,
and the same shall not be recognized except to such extent as may be required by law.
(b) This provision shall not apply to the extent a Participant or Beneficiary is indebted to the Plan, for any
reason, under any provision of this Plan. At the time a distribution is to be made to or for a Participant's or Beneficiary's
benefit, such proportion of the amount to be distributed equal to such indebtedness shall be paid to the Plan, to apply
against or discharge such indebtedness. Prior to making a payment, however, the Participant or Beneficiary must be given
written notice by the Administrator that such indebtedness is to be so paid in whole or part from his or her Participant's
Combined Account. If the Participant or Beneficiary does not agree that the indebtedness is a valid claim against his or
her Vested Participant's Combined Account, he or she shall be entitled to a review of the validity of the claim in
accordance with procedures provided in Section 2.1 O.
(c) This provision shall not apply to a "qualified domestic relations order" defined in Code Section 414(p), and
those other domestic relations orders permitted to be so treated by the Administrator under the provisions of the
Retirement Equity Act of 1984. The Administrator shall establish a written procedure to determine the qualified status of
domestic relations orders and to administer distributions under such qualified orders. Further, to the extent provided
under a "qualified domestic relations order," a former spouse of a Participant shall be treated as the spouse or surviving
spouse for all purposes under the Plan.
(d) Notwithstanding any provision of this Section to the contrary, an offset to a Participant's accrued benefit
against an amount that the Participant is ordered or required to pay the Plan with respect to a judgment, order, or decree
issued, or a settlement entered into, on or after August 5, 1997, shall be permitted in accordance with Code Section
401 (a)(l3)(C) and (D).
9.4 - CONSTRUCTION OF PLAN
This Plan and Trust shall be construed and enforced according to the Code and the laws of the State or
Commonwealth in which the Employer's principal office is located, other than its laws respecting choice of law, to the
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extent not pre-empted by the Code.
9.5 - GENDER AND NUMBER
Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be construed as
though they were also used in all of the other genders in all cases where they would so apply, and whenever any words
are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in
all cases where they would so apply.
9.6 - LEGAL ACTION
In the event any claim, suit, or proceeding is brought regarding the Trust Fund and/or Plan established hereunder
to which the Trustee or the Administrator may be a party, and such claim, suit, or proceeding is resolved in favor of the
Trustee or Administrator, they shall be entitled to be reimbursed from the Trust Fund for any and all costs, attorney's fees,
and other expenses pertaining thereto incurred by them for which they shall have become liable.
9.7 - PROHIBITION AGAINST DIVERSION OF FUNDS
(a) Except as provided below and otherwise specifically permitted by law, it shall be impossible by operation of
the Plan or of the Trust, by termination of either, by power of revocation or amendment, by the happening of any
contingency, by collateral arrangement or by any other means, for any part of the corpus or income of any Trust Fund
maintained pursuant to the Plan or any funds contributed thereto to be used for, or diverted to, purposes other than the
exclusive benefit of Participants, Retired Participants, or their Beneficiaries.
(b) In the event the Employer shall make a contribution under a mistake of fact, the Employer may demand
repayment of such contribution at any time within one (1) year following the time of payment and the Trustees shall
return such amount to the Employer within the one (1) year period. Earnings of the Plan attributable to the contributions
may not be returned to the Employer but any losses attributable thereto must reduce the amount so returned.
9.8 - EMPLOYER'S AND TRUSTEE'S PROTECTIVE CLAUSE
Neither the Employer nor the Trustee, nor their successors, shall be responsible for the validity of any Contract
issued hereunder or for the failure on the part of the Insurer to make payments provided by any such Contract, or for the
action of any person which may delay payment or render a Contract null and void or unenforceable in whole or in part.
9.9 - INSURER'S PROTECTIVE CLAUSE
The Insurer who shall issue Contracts hereunder shall not have any responsibility for the validity of this Plan or
for the tax or legal aspects of this Plan. The Insurer shall be protected and held harmless in acting in accordance with any
written direction of the Trustee, and shall have no duty to see to the application of any funds paid to the Trustee, at the
Trustee's direction, nor be required to question any actions directed by the Trustee. Regardless of any provision of this
Plan, the Insurer shall not be required to take or permit any action or allow any benefit or privilege contrary to the terms
of any Contract which it issues hereunder, or the rules of the Insurer.
9.10 - RECEIPT AND RELEASE FOR PAYMENTS
Any payment to any Participant, his or her legal representative, Beneficiary, or to any guardian or committee
appointed for such Participant or Beneficiary in accordance with the provisions of this Plan, shall, to the extent thereof,
be in full satisfaction of all claims hereunder against the Trustee and the Employer.
9.11 - ACTION BY THE EMPLOYER
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Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter
or thing, it shall be done and performed by a person duly authorized by the Employer's legally constituted authority.
9.12 - HEADINGS
The headings and subheadings of this Plan have been inserted for convenience of reference and are to be
ignored in any construction of the provisions hereof.
9.13 - APPROVAL BY INTERNAL REVENUE SERVICE
Notwithstanding anything herein to the contrary, if, pursuant to a timely application filed by or in behalf of the
Plan, the Commissioner of Internal Revenue Service or his delegate should determine that the Plan does not initially
qualify as a tax-exempt plan and trust under Code Sections 401 and SOl, respectively, and such determination is not
contested, or if contested, is finally upheld, then if the Plan is a new plan, it shall be void from its establishment and all
amounts contributed to the Plan, by the Employer, less expenses paid, shall be returned within one year. Thereafter, the
Plan shall terminate and the Trustee shall be discharged from all further obligations. If the disqualification relates to an
amended plan, then the Plan shall operate as if it had not been amended and restated, except with respect to any part of
the amended Plan which shall not cause Plan disqualification.
9.14 - UNIFORMITY
All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner.
9.15 - PAYMENT OF BENEFITS
Benefits under this Plan shall be paid, subject to Section 6.10 and Section 6.11 only upon death, Total and
Permanent Disability, normal or early retirement, termination of employment, or upon Plan Termination.
9.16 - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT ACT
Notwithstanding any provision in this Plan to the contrary, contributions, benefits and service credit with respect
to qualified military service will be provided in accordance with Section 414(u) of the Code.
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ARTICLE X - PARTICIPATING EMPLOYERS
10.1- ELECTION TO BECOME A PARTICIPATING EMPLOYER
Notwithstanding anything herein to the contrary, with the consent of the Employer and Trustee, any affiliated
governmental employer may adopt this Plan and all of the provisions hereof, and participate herein and be known as a
"Participating Employer", by a properly executed document evidencing said intent and will of such Participating
Employer.
10.2 - REQUIREMENTS QF PARTICIPATING EMPLOYERS
(a) Each Participating Employer shall be required to select the same Adoption Agreement provisions as those
selected by the Employer other than the Plan Year, the Fiscal Year, and such other items that must, by necessity, vary
among employers.
(b) Each such Participating Employer shall be required to use the same Trustee as provided in this Plan.
(c) The Trustee may, but shall not be required to, commingle, hold and invest as one Trust Fund all
contributions made by Participating Employers, as well as all increments thereof.
(d) The transfer of any Participant from or to an Employer participating in this Plan, whether it be an Employee
of the Employer or a Participating Employer, shall not affect such Participant's rights under the Plan, and all amounts
credited to such Participant's Combined Account as well as his or her accumulated service time with the transferor or
predecessor, and his or her length of participation in the Plan, shall continue to his or her credit.
(e) Any expenses of the Plan which are to be paid by the Employer shall be paid by each Participating Employer
in the same proportion that the total amount standing to the credit of all Participants employed by such Employer bears to
the total standing to the credit of all Participants.
10.3 - DESIGNATION OF AGENT
Each Participating Employer shall be deemed to be a part of this Plan; provided, however, that with respect to
all of its relations with the Trustee and Administrator for the purpose of this Plan, each Participating Employer shall be
deemed to have designated irrevocably the Employer as its agent. Unless the context of the Plan clearly indicates the
contrary, the word "Employer" shall be deemed to include each Participating Employer as related to its adoption of the
Plan.
10.4 - EMPLOYEE TRANSFERS
It is anticipated that an Employee may be transferred between Participating Employers, and in the event of any
such transfer, the Employee involved shall carry his or her accumulated service and eligibility to the new Employer. No
such transfer shall effect a termination of employment hereunder, and the Participating Employer to which the Employee
is transferred shall thereupon become obligated hereunder with respect to such Employee in the same manner as was the
Participating Employer from whom the Employee was transferred.
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10.5 - PARTICIPATING EMPLOYER'S CONTRIBUTION AND FORFEITURES
Any contribution or Forfeiture subject to allocation during each Plan Year shall be allocated among all
Participants of all Participating Employers in accordance with the provisions of this Plan. On the basis of the information
furnished by the Administrator, the Trustee shall keep separate books and records concerning the affairs of each
Participating Employer hereunder and as to the accounts and credits of the Employees of each Participating Employer.
The Trustee may, but need not, register Contracts so as to evidence that a particular Participating Employer is the
interested Employer hereunder, but in the event of an Employee transfer from one Participating Employer to another, the
transferring Employer shall immediately notify the Trustee thereof.
10.6 - AMENDMENT
Amendment of this Plan by the Employer at any time when there shall be a Participating Employer hereunder
shall only be by the written action of each and every Participating Employer and with the consent of the Trustee, where
such consent is necessary in accordance with the terms of this Plan.
10.7 - DISCONTINUANCE OF PARTICIPATION
Any Participating Employer shall be permitted to discontinue or revoke its participation in the Plan at any time.
At the time of any such discontinuance or revocation, satisfactory evidence thereof and of any applicable conditions
imposed shall be delivered to the Trustee. The Trustee shall thereafter transfer, deliver and assign Contracts and other
Trust Fund assets allocable to the Employees of such Participating Employer, who are Plan Participants, to such new
Trustee as shall have been designated by such Participating Employer, in the event that it has established a separate
pension plan for its Employees. If no successor is designated, the Trustee shall retain such assets for the Employees of
said Participating Employer pursuant to the provisions of Article VII hereof. In no such event shall any part of the corpus
or income of the Trust Fund as it relates to such Participating Employer be used for or diverted for purposes other than
for the exclusive benefit of the Employees of such Participating Employer.
10.8 - ADMINISTRATOR'S AUTHORITY
The Administrator shall have authority to make any and all necessary rules or regulations, binding upon all
Participating Employers and all Participants, to effectuate the purpose of this Article.
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ARTICLE XI - CASH OR DEFERRED PROVISIONS
Notwithstanding any provisions in the Plan to the contrary, the provisions of this Article shall apply with respect
to any 401 (k) Profit Sharing Plan, if such plan was adopted before May 7, 1986.
11.1 . FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION
(a) For each Plan Year, the Employer shall contribute to the Plan:
(i) The amount of the total salary reduction elections of all Participants made pursuant to Section
11.2(a), which amount shall be deemed an Employer's Elective Contribution, plus
(ii) If specified in E3 of the Adoption Agreement, a matching contribution equal to the percentage
specified in the Adoption Agreement of the Deferred Compensation of each Participant eligible to share in the
allocations of the matching contribution, which amount shall be deemed an Employer's Non-Elective or Elective
Contribution as selected in the Adoption Agreement, plus
(iii) If specified in E4 of the Adoption Agreement, a discretionary amount, if any, which shall be
deemed an Employer's Non-Elective Contribution.
(b) All contributions by the employer shall be made in cash or in such property as is acceptable to the Trustee.
11.2 - PARTICIPANT'S SALARY REDUCTION ELECTION
(a) If selected in the Adoption Agreement, each Participant may elect to defer his or her Compensation which
would have been received in the Plan Year, but for the deferral election, subject to the limitations of this Section and the
Adoption Agreement. A deferral election (or modification of an earlier election) may not be made with respect to
Compensation which is currently available on or before the date the Participant executed such election, or if later, the
latest of the date the Employer adopts this cash or deferred arrangement, or the date such arrangement first became
effective. Any elections made pursuant to this Section shall become effective as soon as is administratively feasible. In
addition, except for occasional, bona fide administrative considerations, contributions made pursuant to such an election
cannot precede the earlier of (1) the performance of services relating to the contribution and (2) when the compensation
that is subject to the election would be currently available to the Employee in the absence of an election to defer.
Each Participant may make a separate election to defer and have allocated for a Plan Year all or a portion of
any cash bonus attributable to services performed by the Participant for the Employer during such Plan Year as specified
in the Adoption Agreement.
The amount by which compensation and/or cash bonuses are reduced shall be that Participant's deferrals
and be treated as an Elective Contribution and allocated to that Participant's Elective Account.
Once made, a Participant's election to reduce Compensation shall remain in effect until modified or
terminated. Modifications may be made as specified in the Adoption Agreement, and terminations may be made at any
time. Any modification or termination of an election will become effective as soon as is administratively feasible.
(b) The balance in each Participant's Elective Account shall be fully vested at all times and shall not be subject to
Forfeiture for any reason. The Plan shall disregard Elective Contributions in applying the vesting provisions of
the Plan to other contributions or benefits under Code Section 4ll(a)(2). However, the Plan shall otherwise take
a participant's Elective Contributions into account in determining the Participant's vested benefits under the
Plan. Thus, for example, the Plan shall take Elective Contributions into account in determining whether a
Participant has a nonforfeitable right to contributions under the Plan for purposes of forfeitures, and for applying
provisions permitting the repayment of distributions to have forfeited amounts restored, and the provisions of
@ 2006 Nationwide Retirement Solutions, Inc.
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Code Sections 41O(a)(5)(D)(iii) and 411(a)(6)(D)(iii) permitting a plan to disregard certain service completed
prior to breaks-in-service (sometimes referred to as "the rule of parity").
(c) Amounts held in the Participant's Elective Account and Qualified Non-Elective Account may be distributable
as permitted under the Plan, but in no event prior to the earlier of:
(1) a Participant's separation from service, Total and Permanent Disability, or death;
(2) a Participant's attainment of age 59 112;
(3) the financial hardship of a Participant, subject to the limitations of Section 11.4;
(4) the termination of the Plan without the existence, at the time of Plan termination, of another defined
contribution plan (other than an employee stock ownership plan as defined in Code Section 4975(e)(7)) or the
establishment of a successor defined contribution plan (other than an employee stock ownership plan as defined
in Code Section 4975( e)(7)) by the Employer or an Affiliated Employer within the period ending twelve months
after distribution of all assets from the Plan maintained by the Employer;
(5) for Plan Years beginning before December 31, 1984 the date of the disposition by the Employer to an
entity that is an unrelated entity of substantially all of the assets (within the meaning of Code Section 409( d)(2))
with respect to a Participant who continues employment with the entity acquiring such assets; or
(6) the date ofthe disposition by the Employer or an Affiliated Employer of its interest in a subsidiary (within
the meaning of Code Section 409(d)(3)) to an entity that is not an Affiliated Employer with respect to a
Participant who continues employment with such subsidiary.
(d) In any Plan Year beginning after December 31, 1986, a Participant's deferrals made under this Plan and all
other plans, contracts or arrangements of the Employer maintaining this Plan shall not exceed the limitation imposed by
Code Section 402(g), as in effect for the calendar year in which such Plan Year began, except to the extent permitted
under Section 4.7(t) and Section 414(v) of the Code. If such dollar limitation is exceeded solely from elective deferrals
made under this Plan or any other Plan maintained by the Employer, a Participant will be deemed to have notified the
Administrator of such excess amount which shall be distributed in a manner consistent with Section II.2(t). This dollar
limitation shall be adjusted annually pursuant to the method provided in Code Section 415(d) in accordance with
Regulations.
(e) In the event a Participant has received a hardship distribution pursuant to Regulation 1.40 I (k)-I(d)(2)(iii)(B)
from any other plan maintained by the Employer or from his or her Participant's Elective Account pursuant to Section
11.4, then such Participant shall not be permitted to elect to have Salary Deferrals contributed to the Plan on his or her
behalffor a period of twelve (12) months following the receipt of the distribution. However, for calendar years beginning
after 2001, a Participant who receives such distribution of elective deferrals after December 31, 2001, on account of
hardship shall be prohibited from making elective deferrals and employee contributions under this and all other plans of
the employer for six (6) months after receipt of the distribution.
Furthermore, the dollar limitation under Code Section 402(g) shall be reduced, with respect to the Participant's
taxable year following the taxable year in which the hardship distribution was made, by the amount of such Participant's
Salary Deferrals, if any, made pursuant to this Plan (and any other plan maintained by the Employer) for the taxable year
of the hardship distribution. If the Plan provides for hardship distributions upon satisfaction of the safe harbor standards
set forth in Regulation Sections 1.401(k)-I(d)(3)(iii)(B) (deemed immediate and heavy financial need) and 1.401(k)-
I(d)(3)(iv)(E) (deemed necessary to satisfy immediate need), then there shall be no reduction in the maximum amount of
elective deferrals that a Participant may make pursuant to Code Section 402(g) solely because of a hardship distribution
made by this Plan or any other plan of the Employer after December 31,2005.
(t) If a Participant's Salary Deferrals under this Plan together with any elective deferrals (as defined in
Regulation Section 1.402(g)-I(b)) under another qualified cash or deferred arrangement (as defmed in Code Section 401
(k)), a simplified employee pension (as defined in Code Section 408(k)), a salary reduction arrangement (within the
meaning of Code Section 3 12 1 (a)(5)(D)), a deferred compensation plan under Code Section 457(c), an elective employer
contribution under a simple retirement account described in Code section 408(p)(2)(A)(i) or a trust described in Code
~ 2006 Nationwide Retirement Solutions, Inc.
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Section 50 I (c)(l8) cumulatively exceed the limitation imposed by Code Section 402(g) (as adjusted annually in
accordance with the method provided in Code Section 415(d) pursuant to Regulations) for such Participant's taxable year.
except to the extent permitted under Section 4.7(f) of this plan or Code Sections 4 14(v) or 408(p)(2)(A)(ii), the
Participant may, not later than March I st following the close of his or her taxable year, notify the Administrator in writing
of such excess and request that his or her Salary Deferrals under this Plan be reduced by an amount specified by the
Participant. In such event, the Administrator shall direct the Trustee to distribute such excess amount (and any Income
allocable to such excess amount) to the Participant not later than the first April 15th following the close of the
Participant's taxable year. Distributions in accordance with this paragraph may be made for any taxable year of the
Participant. Any distribution of less than the entire amount of Excess Deferrals and Income shall be treated as a pro rata
distribution of Excess Deferrals and Income. The amount distributed shall not exceed the Participant's deferrals under the
Plan for the taxable year. Any distribution on or before the last day of the Participant's taxable year must satisfy each of
the following conditions:
(1) the Participant shall designate the distribution as Excess Deferrals;
(2) the distribution must be made after the date on which the Plan received the Excess Deferrals; and
(3) the Plan must designate the distribution as a distribution of Excess Deferrals.
Any distribution under this Section shall be made first from unmatched deferrals and, thereafter,
simultaneously from deferrals which is matched and matching contributions which relate to such deferrals. However, any
such matching contributions which are not vested shall be forfeited in lieu of being distributed.
For the purpose of this Section, "income" means the amount of income or loss allocable to a Participant's
Excess Deferrals and shall be equal to the sum of the allocable gain or loss for the taxable year of the Participant and the
allocable gain or loss for the period between the end of the taxable year of the Participant and the date of distribution
("gap period"). The income or loss allocable to each such period is calculated separately and is determined by
multiplying the income or loss allocable to the Participant's Deferrals for the respective period by a fraction. The
numerator of the fraction is the Participant's Excess Deferrals for the taxable year of the Participant. The denominator is
the balance, as of the last day of the respective period, of the Participant's Elective Account that is attributable to the
Participant's Deferrals reduced by the gain allocable to such total amount for the respective period and increased by the
loss allocable to such total amount for the respective period.
In lieu of the "fractional method" described above, a "safe harbor method" may be used to calculate the
allocable income or loss for the "gap period." Under such "safe harbor method," allocable income or loss for the "gap
period" shall be deemed to equal ten percent (10%) of the income or loss allocable to a Participant's Excess Deferrals for
the taxable year of the Participant multiplied by the number of calendar months in the "gap period." For purposes of
determining the number of calendar months in the "gap period," a distribution occurring on or before the fifteenth day of
the month shall be treated as having been made on the last day of the preceding month and a distribution occurring after
such fifteenth day shall be treated as having been made on the first day of the next subsequent month.
Income or loss allocable to any distribution of Excess Deferrals on or before the last day of the taxable year
of the Participant shall be calculated from the first day of the taxable year of the Participant to the date on which the
distribution is made pursuant to either the "fractional method" or the "safe harbor method."
Notwithstanding the above, for any distribution under this Section which is made after August 15, 1991,
such distribution shall not include any income for the "gap period". Further provided, for any distribution under this
Section which is made after August 15, 1991, the amount ofIncome may be computed using a reasonable method that is
consistent with Section 4.3(c), provided such method is used consistently for all Participants and for all such distributions
for the Plan Year.
Notwithstanding the above, for the 1987 calendar year, income during the "gap period" shall not be taken
into account.
(g) At Normal Retirement Date, or such other date when the Participant shall be entitled to receive benefits, the
fair market value of the Participant's Elective Account shall be used to provide benefits to the Participant or his or her
Beneficiary.
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(h) Employer Elective Contributions made pursuant to this Section may be segregated into a separate account
for each Participant in a federally insured savings account, certificate of deposit in a bank or savings and loan association,
money market certificate, or other short-term debt security acceptable to the Trustee until such time as the allocations
pursuant to Section 11.3 have been made.
(i) The Employer shall adopt a procedure necessary to implement the salary reduction elections provided for
herein.
11.3 - ALLOCATION OF CONTRIBUTION, FORFEITURES AND EARNINGS
(a) The Administrator shall establish and maintain an account in the name of each Participant to which the
Administrator shall credit as of each Anniversary Date, or other valuation date, all amounts allocated to each such
Participant as set forth herein.
(b) The Employer shall provide the Administrator with all information required by the Administrator to make a
proper allocation of the Employer's contributions for each Plan Year. Within a reasonable period of time after the date of
receipt by the Administrator of such information, the Administrator shall allocate such contribution as follows:
(1) With respect to the Employer's Elective Contribution made pursuant to Section 11.1(a), to each Participant's
Elective Account in an amount equal to each such Participant's deferrals for the year.
(2) With respect to the Employer's Matching Contribution made pursuant to Section 11.1(b), to each
Participant's Account, or Participant's Elective Account as selected in E3 of the Adoption Agreement, in
accordance with Section I 1.1 (b).
Except, however, a Participant who is not credited with a Year of Service during any Plan Year shall or shall not
share in the Employer's Matching Contribution for that year as provided in E3 of the Adoption Agreement.
(3) With respect to the Employer's Non-Elective Contribution made pursuant to Section 11.l(c), to each
Participant's Account in accordance with the provisions of Sections 4.3(b)(2) or 4.3(b)(3), whichever is
applicable.
(c) Notwithstanding anything herein to the contrary, participants who terminated employment during the Plan
Year shall share in the salary reduction contributions made by the Employer for the year of termination without regard to
the Hours of Service credited.
(d) Notwithstanding anything herein to the contrary (other than Section 11.3( c), any Participant who terminated
employment during the Plan Year shall or shall not share in the allocations of the Employer's Matching Contribution
made pursuant to Section I l.l(b) , the Employer's Non-Elective Contributions made pursuant to Section 11.1 (c), and
Forfeitures as provided in the Adoption Agreement.
11.4 - ADVANCE DISTRIBUTION FOR HARDSHIP
(a) The Administrator, at the election of the Participant, shall direct the Trustee to distribute to any Participant in
anyone Plan Year up to the lesser of (l) 100% of his or her accounts as specified in the Adoption Agreement valued as
of the last Anniversary Date or other valuation date or (2) the amount necessary to satisfy the immediate and heavy
financial need of the Participant. Any distribution made pursuant to this Section shall be deemed to be made as of the first
day of the Plan Year or, if later, the valuation date immediately preceding the date of distribution, and the account from
which the distribution is made shall be reduced accordingly. Withdrawal under this Section shall be authorized only if the
distribution is on account of one of the following or any other items permitted by the Commissioner ofIntemal Revenue:
(1) Medical expenses described in Code Section 213(d) incurred by the Participant, the Participant's spouse, or
any of his or her dependents (as defined in Code Section 152) or expenses necessary for these persons to obtain
medical care (determined without regard to whether the expenses exceed 7.5% of adjusted gross income);
<02006 Nationwide Retirement Solutions, Inc.
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(2) The purchase (excluding mortgage payments) ofa principal residence for the Participant;
(3) Funeral or burial expenses for the Participant's deceased parent, spouse, children or dependents (as defined
in Code Section 152, and, for taxable years beginning on or after January 1,2005, without regard to Code
Section I 52(d)(1 )(B);
(4) Payment of tuition and related educational fees for up to the next 12 months of post-secondary education for
the Participant, his or her spouse, children, or dependents (as defined in Code Section 152, and for taxable years
beginning on or after January 1,2005, without regard to Code Section 152(b)(1), (b)(2), and (d)(l)(B));
(5) The need to prevent the eviction of the Participant from his or her principal residence or foreclosure on the
mortgage ofthe Participant's principal residence; or
(6) Expenses for the repair of damage to the Participant's principal residence that would qualify for the casualty
deduction under Code Section 165 (determined without regard to whether the loss exceeds 10% of adjusted
gross income).
(b) No such distribution shall be made from the Participant's Account until such Account has become fully
vested.
(c) No distribution shall be made pursuant to this Section unless the Administrator, based upon the Participant's
representation and such other facts as are known to the Administrator, determines that all of the following conditions are
satisfied:
(1) The distribution is not in excess of the amount of the immediate and heavy financial need of the Participant
(including any amounts necessary to pay any federal, state, or local taxes or penalties reasonably anticipated to
result from the distribution);
(2) The Participant has obtained all distributions, other than hardship distributions, and all nontaxable loans
currently available under all plans maintained by the Employer;
(3) The Plan, and all other plans maintained by the Employer, provide that the Participant's Elective
Contributions and voluntary Employee contributions will be suspended for at least twelve (12) months after
receipt of the hardship distribution, or, if the plan provides for hardship distributions upon satisfaction of the
safe harbor (deemed) standards as set forth in Treas. Reg. Section 1.40 l(k)-1 (d)(2)(iv), then a Participant who
receives a distribution of elective deferrals after December 31, 2001, on account of hardship shall be prohibited
from making elective deferrals and employee contributions under this and all other plans of the employer for six
(6) months after receipt of the distribution; and
(4) The Plan, and all other plans maintained by the Employer, provide that the Participant may not make elective
deferrals for the Participant's taxable year immediately following the taxable year ofthe hardship distribution in
excess of the applicable limit under Code Section 402(g) for such next taxable year less the amount of such
Participant's elective deferrals for the taxable year of the hardship distribution. But, if the Plan provides for
hardship distributions upon satisfaction of the safe harbor standards set forth in Regulation Sections 1.401 (k)-
1(d)(3)(iii)(B) (deemed immediate and heavy financial need) and 1.401(k)-1(d)(3)(iv)(E) (deemed necessary to
satisfy immediate need), then there shall be no reduction in the maximum amount of elective deferrals that a
Participant may make pursuant to Code Section 402(g) solely because of a hardship distribution made by this
Plan or any other plan of the Employer after December 31,2005.
(d) Notwithstanding the above, distributions from the Participant's Elective Account and Qualified Non-Elective
Account pursuant to this Section shall be limited solely to the Participant's deferrals and any income attributable thereto
credited to the Participant's Elective Account as of December 31, 1988.
(e) Any distribution made pursuant to this Section shall be made in a manner which is consistent with and
satisfies the provisions of Section 6.5, including, but not limited to, all applicable notice and consent requirements of
Code Sections 411 (a)( 11) and 417 and the Regulations thereunder.
@ 2006 Nationwide Retirement Solutions, Inc.
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.
I
I
~
EXHIBIT
ADOPTION AGREEMENT FOR
NATIONWIDE RETIREMENT SOLUTIONS GOVERNMENTAL
MONEY PURCHASE
PLAN AND TRUST
The undersigned Employer adopts NRS Governmental Money Purchase Plan and Trust for those
Employees who shall qualify as Participants hereunder, to be known as the
Al
<<Plan Name>>
(Enter Plan Name)
It shall be effective as of the date specified below. The employer hereby selects the following Plan
specifications:
CAUTION: In order for the Plan to qualify under Internal Revenue Code Section 401(a), this Adoption
Agreement must be properly filled out.
EMPLOYER INFORMATION
BI
Name of Employer
<<Er Name>>
B2 Address <<Address>>
<<City>> <<State>>
City
Telephone <<Ph>>
B3 Employer Identification Number <<EN>>
B4 NAME(S) OF TRUSTEE(S)
a. <<Trusteel>>
b. <<Trustee2>>
c. <<Trustee3>>
<<Zip>>
State
Zip
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Adoption Agreement
I
BS TRUSTEES' ADDRESS
a.
[ ]
Use Employer Address
b. [ ]
Street
<<Tee City>>
City
<<Tee State>}
State
<<Tee Zip}>
Zip
B6 LOCATION OF EMPLOYER'S PRINCIPAL OFFICE
a. []State of
b. [) Commonwealth of
<<Ers Commonwealth}> and this Plan and Trust shall be governed under the laws of the same.
B7 EMPLOYER FISCAL YEAR means the 12 consecutive month period:
Commencing on a. <<FB>> (e.g., January 15t) and
month day
ending on b. <<FE}>.
month day
if) 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
'I
""'
"LAN INFORMATION
C 1 EFFECTIVE DATE
This Adoption Agreement ofNRS Governmental Money Purchase Plan and Trust shall:
a. [ ] establish a new Plan effective as of _ (hereinafter called the "Effective Date").
b. [] constitute an amendment and restatement in its entirety of a previously established qualified
Plan of the Employer which was effective (hereinafter called the "Effective
Date"). Except as specifically provided in the Plan, the effective date of this amendment
and restatement is
C2 PLAN YEAR means the 12 consecutive month period:
Commencing on a. <<PB>> (e. g. January 1st)
and ending on b. <<PE>>.
IS THERE A SHORT PLAN YEAR?
c. [] No
d. [ ]Yes, beginning <<SB>>
and ending <<SE>>
C3 ANNIVERSARY DATE of Plan (Annual Valuation Date)
a. <<AD>>
month day
C4 PLAN NUMBER assigned by the Employer (select one)
a. [ ]001 b. [ ]002 c. [] 003 d. [ ]Other
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3
C5 NAME OF PLAN ADMINISTRATOR (Document provides for the Employer to appoint an
Administrator. If none is named, the Employer will become the Administrator.)
a. [] Employer (Use Employer Address and Telephone)
b.
[] Name
<<Admin name>>
Address r JUse Employer Address
<<Admin Street>>
-
<<Admin City>> <<Admin State>>
City State
<<Admin Zip>>
Zip
Telephone
<<Admin Phone>>
Administrator's 1. D. Number
<<Admin ID>>
C6 PLAN'S AGENT FOR SERVICE OF LEGAL PROCESS
a. [] Employer (Use Employer Address)
b.
[] Name
<<Agent Name>>
Address <<Agent Street>>
<<Agent City>>
City
<<Agent State>>
State
<<Agent Zip>>
Zip
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4
"LIGIBILITY, VESTING AND RETIREMENT AGE
D 1 ELIGIBLE EMPLOYEES (plan Section 1.11) shall mean:
a. [] all Employees who have satisfied the eligibility requirements
b. [] all Employees who have satisfied the eligibility requirements in the classes checked below:
1. [ ] Elected Officials
2. [ ] Managers
3. [ ] All others
c. [] all Employees who have satisfied the eligibility requirements except those checked below:
1. [] Employees hourly paid.
2. [] Employees paid by salary.
3. [] Employees whose employment is governed by a collective bargaining agreement
between the Employer and "employee representatives" under which retirement
benefits were the subject of good faith bargaining. For this purpose, the term
"employee representatives" does not include any organization more than half of
whose members are employees who are officers or executives of the Employer.
4. [] Employees who are non-resident aliens who received no earned income (within the
meaning of Code Section 911 (d)(2)) from the Employer which constitutes income
from sources within the United States (within the meaning of Code Section
861 (a)(3)).
5. [] Other
NOTE: For purposes of this section, the term Employee shall include all Employees of this Employer
and any leased employees deemed to be Employees under Code Section 4l4(n) or 414(0).
~ 2006 Nationwide Retirement Solutions, Inc.
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D2 HOURS OF SERVICE (Plan Section 1.23) will be determined on the basis of the method selected
below. Only one method may be selected. The method selected will be applied to all Employees
covered under the Plan.
a. [] On the basis of actual hours for which an Employee is paid or entitled to payment.
b. [] On the basis of days worked. An Employee would be credited with ten (10) hours of service if~
under the Plan, such employee would be credited with at least one (1) Hour of Service during the
day.
c. [] On the basis of weeks worked. An Employee will be credited forty-five (45) Hours of Service if
under the Plan such Employee would be credited with at least one (1) Hour of Service during the
week.
d. [] On the basis of semi-monthly payroll periods. An Employee will be credited with ninety-five
(95) Hours of Service if under the Plan such Employee would be credited with at least one (1)
Hour of Service during the semi-monthly payroll period.
e. [] On the basis of months worked. An Employee will be credited with one hundred ninety (190)
Hours of Service if under the Plan such Employee would be credited with at least one (1) Hour
of Service during the month.
D3 YEARS OF SERVICE (plan Section 1.55)
a. For Eligibility: (select one):
[] Hours Method. A Year of Service shall be credited for a computation period in which an
Employee completes at least N\A Hours of Service.
[] Elapsed Time Method.
b. For Vesting: (select one):
[] Hours Method. A Year of Service shall be credited for a computation period in which an
Employee completes at least 1000 Hours of Service.
[] Elapsed Time Method.
@ 2006 Nationwide Retirement Solutions, Inc.
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J4 CONDITIONS OF ELIGIBILITY (plan Section 3.1)
(Check either a OR b and c, and if applicable, d)
Any Eligible Employee will be eligible to participate in the Plan if such Eligible Employee has satisfied
the service and age requirements, if any, specified below:
a. [] NO AGE OR SERVICE REQUIRED
b. [] SER~CEREQUffiEMENT
1. []
2. []
3. []
4. []
5. []
None
<<Elig Months>> Months of Service
1 Year of Service
2 Years of Service
Other
NOTE:
If the service requirement selected is or includes a fractional year, an Employee will not be
required to complete any specified number of Hours of Service to receive credit for such
fractional year. If expressed in Months of Service, an Employee will not be required to
complete any specified number of Hours of Service in a particular month.
c. [] AGE REQUIREMENT
1. [] N/ A - No Age Requirement
2. [] 20 Y2
3. [] 21
4. [] Other
d. [] FOR NEW PLANS ONLY - Regardless of any of the above age or service requirements, any
Eligible Employee who was employed on the Effective Date of the Plan shall be eligible to
participate hereunder and shall enter the Plan as of such date.
I
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7
D5 EFFECTIVE DATE OF PARTICIPATION (Plan Section 3.2)
An Eligible Employee shall become a Participant as of:
a. [] the first day he or she met all eligibility requirements.
b. [] the earlier of the first day of the seventh month or the first day of the Plan Year coinciding with
or next following the date on which he or she met the requirements.
c. [] the first day of the Plan Year coinciding with or next following the date on which he or she met
the requirements.
d. [] the first day ofthe month coinciding with or next following the date on which he or she met the
requirements.
e. [ ] Other: , provided that an Employee who has satisfied
the maximum age and service requirements that are permissible in Section D4 above and who is otherwise
entitled to participate, shall commence participation no later than the earlier of (a) 6 months after such
requirements are satisfied, or (b) the first day of the first Plan Year after such requirements are satisfied, unless
the Employee separates from service before such
~ 2006 Nationwide Retirement Solutions, Inc.
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'5 VESTING OF PARTICIPANT'S INTEREST (plan Section 6.4(b))
The vesting schedule, based on number of Years of Service, shall be as follows:
a [ ] 100% upon entering Plan.
b [ ] 0-2 years 0% c [ ] 0-4 years 0%
3 years 100% 5 years 100%
d [ ] 0-1 year 0% e [ ] Less than 1 year 0%
2 years 20% 1 year 25%
3 years 40% 2 years 50%
4 years 60% 3 years 75%
5 years 80% 4 years 100%
6 years 100%
f [ ] Less than 1 year 0% g [ ] 0-2 years 0%
1 year 20% 3 years 20%
2 years 40% 4 years 40%
3 years 60% 5 years 60%
4 years 80% 6 years 80%
5 years 100% 7 years 100%
h [ ] Other -
Years of Service Percentage
"
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D7 VESTING (plan Section 6.4(f)) In determining Years of Service for vesting purposes, Years of Service
attributable to the following shall be EXCLUDED.
a. [] Service prior to the Effective Date of the Plan or a predecessor plan.
b. [] Service prior to the time an Employee attained age 18.
c. [] N/ A - No Years of Service shall be excluded.
D8 PLAN SHALL RECOGNIZE SERVICE WITH PREDECESSOR EMPLOYER
a. [] No.
b. [] Yes: Years of Service with
this Plan.
shall be recognized for all purposes of
NOTE: If the predecessor Employer maintained this qualified Plan, then Years of Service with such
predecessor Employer shall be recognized pursuant to Section 1.55 and b. must be marked.
D9 NORMAL RETIREMENT AGE ("NRA") (Plan Section 1.31) means:
a. [] the date a Participant attains his or her <<NRAage>> birthday. (not to exceed 65th)
b. [] the later of the date a Participant attains his or her birthday (not to exceed 65th) or the
(not to exceed 10th) anniversary of the first day of the Plan Year in which participation in the Plan
commenced.
D 10 NORMAL RETIREMENT DATE (Plan Section 1.32) shall commence:
a. [] as of the Participant's "NRA."
OR (must select b. or c. AND 1. or 2.)
b. [] as of the first day of the month. . .
c. [] as of the Anniversary Date. . .
1. [] coinciding with or next following the Participant's "NRA"
2. [] nearest the Participant's "NRA."
<G) 2006 Nationwide Retirement Solutions, Inc.
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10
11 EARLY RETIREMENT DATE (plan Section 1.11) means the:
a. [] No Early Retirement provision provided.
b. [] date on which a Participant. . .
c. [] first day of the month coinciding with or next following the date on which a Participant. .
d. [] Anniversary Date coinciding with or next following the date on which a Participant. . .
AND, if b, c, or d was selected. . .
[] attains his or her <<ERDage>> birthday and has
[] completed at least <<ERDservice>> Years of Service.
e. [] A Participant who attains his or her Early Retirement Date shall:
1. [] be 100 % vested upon attainment of his or her Early Retirement Date.
2. [] be subject to the vesting schedule set forth in Section D6 of the Adoption Agreement.
\
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~ 2006 Nationwide Retirement Solutions, Inc.
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CONTRIBUTIONS, ALLOCATIONS, AND DISTRIBUTIONS
El a. COMPENSATION (Plan Section 1.7) with respect to any Participant means:
1. [] Wages, tips, and other compensation on Form W-2.
2. [] Section 3401(a) wages (wages for withholding purposes).
3. [J 415 safe-harbor compensation.
b. COMPENSA TION shall be
1. [J actually paid (must be selected if Plan is integrated)
2. [] accrued
c. HOWEVER, for non-integrated plans, Compensation shall exclude (select all that apply):
1. [] N/ A. No exclusions
2. [J overtime
3. [] bonuses
4. [Jother
d. FOR PURPOSES OF THIS SECTION E 1, Compensation shall be based on:
1. [] the Plan Year.
2. [J the Fiscal Year coinciding with or ending within the Plan Year.
3. [J the Calendar Year coinciding with or ending within the Plan Year.
NOTE: The Limitation Year shall be the same as the year on which Compensation is based.
e. HOWEVER, for an Employee's first year of Participation, Compensation shall be recognized as of:
1. [J the first day of the Plan Year.
2. [J the date the Participant entered the Plan.
f. IN ADDITION, COMPENSATION 1. [ ] Shall 2. [J Shall not include compensation which is not
currently includible in the Participant's gross income by reason of the application of Code Sections
125, 402(e)(3), 402(h)(1)(B), 403(b), 414(h) or 457(b).
@ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
12
'1 FORMULA FOR DETERMINING EMPLOYER'S CONTRIBUTION
FOR A NON-INTEGRATED PLAN
a. [] ((MP Nonintegrated>>% of each Participant's Compensation. (25% Maximum)
FOR AN INTEGRATED PLAN
b. [ ]
c. [ ]
d.
e. [ ]
f. [ ]
g. [ ]
h. [ ]
NOTE:
1.
2.
3.
4.
(<MP Integrated base >>% of each Participant's TOTAL Compensation, plus
((MP Integrated excess >>% (see Note below) of such Compensation in excess of:
The Taxable Wage Base.
The greater of $ 10,000 or 20% of the Taxable Wage Base.
(<Int level of TWB>>% of the Taxable Wage Base (see Note below).
$<<1nt level >>. (see note below).
$ (<lnt level >>, and increasing by ((Int level of inc>>% of the actual dollar increase in the
Taxable Wage Base for each subsequent year.
The excess percentage specified in c. above may not exceed the lesser of the following limits
and shall be adjusted each year as appropriate.
The base percentage specified in b. above.
5.7%.
4.3% iff. or g. above is more than 20% and less than or equal to 80% of the Taxable Wage Base.
5.4% iff. or g above is less than 100% and more than 80% of the Taxable Wage Base.
FOR A 457 PLAN CONTRIBUTION CONTINGENCY
a. [] A Participant in this Plan is required to make a contribution to the Employer's deferred
compensation plan (457 Plan) in the amoWlt of $<<M 457 Ee >> or (<M 457 Ee 1>>% per pay
period to receive an Employer matching contribution in this Plan. The Employer's matching
contribution shall be:
"
1. [] An amoWlt equal to $ <<M 457 Er >> per pay period for each Employee eligible to
receive an employer matching contribution.
2. [] An amoWlt equal to <(M 457 Er 1>>% of the amoWlt that each Employee defers
Wlder the Employer's 457 Plan subject to a maximum of (<M 457 Er max>> per
<<M 457 Er pay period>>.
(e.g. pay period)
3. [ ]Other
or such other amount as the Employer shall authorize by resolution.
@ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
13
E3 FORFEITURES (Plan Section 4.3(e))
a. [] Forfeitures of contributions other than matching contributions shall be .
1. [] NI A because Employer contributions (other than matching) are fully vested.
2. [] Allocated to all Participants eligible to share in the allocations in the same proportion that
each Participant's Compensation for the year bears to the Compensation of all Participants for
such year.
3. [] Allocated to all Participants eligible to share in the allocations in the same proportion that
each Participant's Compensation for the year bears to the Compensation of all Participants for
such year. NOTE: Employer forfeitures (other than matching forfeitures) shall only be allocated
to all Participants who have a subaccount on the last day of the Plan Year in which such amounts
were forfeited and allocated to such Participant's subaccount.
4. [] Used to reduce Employer's contribution (other than matching).
5. [] Applied to offset administrative expenses of the Plan. Ifforfeitures exceed the administrative
expenses, 2 will apply to such excess.
E4 ALLOCATIONS TO ACTIVE PARTICIPANTS (Plan Section 4.3)
A Participant:
a. [] shall
b. [] shall not
be required to complete a Year of Service in order to share in any Contributions or Forfeitures (if
reallocated).
NOTE: A Year of Service for allocation purposes will be credited for a computation period in which an
Employee completes at least <<Allocation YOS>> (insert 1,000 or fewer) Hours of Service.
E5 PARTICIPATING EMPLOYEES' MANDATORY EMPLOYEE CONTRIBUTIONS
An eligible Employee shall, subsequent to his Entry Date, contribute <<MP Mandatory >>% of his
Compensation to the Plan.
Note: The Mandatory Contribution shall be considered "picked up" by the Employer under Section
414(h) of the code.
All Eligible Employees are required to make a Mandatory Contribution as a condition of
employment.
<Q 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
14
~6 ALLOCATIONS TO TERMINATED PARTICIPANTS (plan Section 4.3 (f))
Any Participant who terminated employment during the Plan Year for reasons other than death., Total and
Permanent Disability or retirement:
a. [] shall share in the allocations of Contributions and Forfeitures provided such Participant
completed more than <<.Allocation Hours)) Hours of Service.
b. [] shall not share in the allocations of Contributions and Forfeitures regardless of Hours of
Service.
Note: All forfeitures shall be allocated in accordance with Section E3.
E7 ALLOCATIONS TO TERMINATED PARTICIPANTS (plan Section 4.3(g))
Any Participant who terminated employment during the Plan Year as a result of death, Total and
Permanent Disability or retirement:
a. [] shall share in the allocations as provided in Section 4.3 of the basic plan document regardless of
whether they complete the service requirement specified in E6 above.
b. [] shall not receive an allocation unless the Participant completes the service requirement specified
in E6 above.
E8 LIMITATIONS ON ALLOCATIONS (plan Section 4.4)
a. If any Participant is or was covered under another qualified defined contribution plan maintained by
the Employer, or if the Employer maintains a welfare benefit fund, as defined in Code Section 415
(1 )(2), under which amounts are treated as Annual Additions with respect to any Participant in this
Plan:
1. [] N/ A.
2. [] The provisions of Section 4.3(b) of the Plan will apply as if the other plan were a Master or
Prototype Plan.
3. [] Provide the method under which the Plans will limit total Annual Additions to the Maximum
Permissible Amount, and will properly reduce any Excess Amounts, in a manner that
precludes Employer discretion.
~ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
15
E9 DISTRIBUTIONS UPON DEATH (plan Section 6.6(h))
Distributions upon the death of a Participant prior to receiving any benefits shall
a. [] be made pursuant to the election of the Participant or Beneficiary.
b. [] begin within 1 year of death for a designated beneficiary and be payable over the life (or over a
period not exceeding the life expectancy) of such beneficiary, except that if the beneficiary is the
Participant's spouse, begin within the time the Participant would have attained age 70 2.
c. [] be made within 5 years of death for all beneficiaries.
d. [] other
EIO LIFE EXPECTANCIES (Plan Section 6.14) for minimum distributions required pursuant to Code
Section 401 (a)(9) shall. . .
a. [] be recalculated at the Participant's election.
b. [] be recalculated.
c. [] not be recalculated.
Ell CONDITIONS FOR DISTRIBUTIONS UPON TERMINATION
Distributions upon termination of employment pursuant to Section 6.4(a) of the Plan shall not be made
unless the following conditions have been satisfied:
a. [] N/ A. Immediate distributions may be made at Participant's election.
b. [] The Participant has incurred ((Breaks in service>> I-Year Break(s) in Service.
c. [] The Participant has reached his or her Early or Normal Retirement Age.
d. [] Distributions may be made at the Participant's election on or after the Anniversary Date
following termination of employment.
e. [] Other
El2 FORM OF DISTRIBUTIONS (Plan Sections 6.5 and 6.6)
Distributions under the Plan may be made. . .
a. [] in annuities
b. [] in lump sums
c. [ ] in lump sums or installments
d. [] in other
E13 PARTICIPANT CONSENT TO DISTRIBUTIONS (Plan Section 6.15)
a. [] Participant consent is required for all distributions of vested accrued benefits of any amount
including amounts of $1 ,000 or less.
b. [] Participant consent is required for all distributions of vested accrued benefits except for
distributions of $1,000 or less. Vested accrued benefits under $1,000 may be distributed without
the consent of the participant.
c. [] Participant consent is required for all distributions of vested accrued benefits except for
distributions of $5,000 or less. In the event of a mandatory distribution greater than $1,000 but
(Q 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
.
~!
"
16
less than $5,000, made in accordance with the provisions of the Plan providing for an automatic
distribution to a Participant without the Participant's consent, if the Participant does not elect to
have such distribution paid directly to an "eligible retirement plan" specified by the Participant in
a direct rollover (in accordance with the direct rollover provisions the Plan) or to receive the
distribution directly, then the Administrator shall pay the distribution in a direct rollover to an
individual retirement plan designated by the Administrator.
E14 EXCLUSION OF ROLL OVERS IN APPLICATION OF INVOLUNTARY CASH-OUT
PROVISIONS
Unless one of the options below is elected, effective for distributions made after December 31, 2001,
rollover contributions will be excluded in determining the value of the participant's non-forfeitable
account balance for purposes of the plan's involuntary cash-out rules.
a. [ ] Rollover contributions will not be excluded.
b. [ ] Rollover contributions will be excluded only with respect to distributions made after
(Enter a date no earlier than December 31, 2001).
c. [ ] Rollover contributions will only be excluded with respect to participants who separated
from service after . (Enter a date. The date may be earlier than December
31~ 2001.)
E15 The provisions of Section 6.12, concerning domestic relations orders, [] shall [] shall not apply.
~ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
17
MISCELLANEOUS
Fl Loans to Participants (plan Section 7.4)
a. [J Yes, loans may be made up to the lesser of $50,000, reduced as provided in Section 7.4 of the
Plan, or 1/2 ofthe Participant's vested interest.
b. [J No, loans may not be made.
IF YES, (check all that apply)
c. [] loans shall be treated as a Directed Investment.
d. [J loans shall be made for hardship or financial necessity.
e. [] the minimum loan shall be $1,000.
f. [ ] loan payments [ ] will [ ] will not be suspended under this Plan as permitted under Code
Section 414(u).
F2 DIRECTED INVESTMENT ACCOUNTS (plan Section 4.8) are permitted for the interest in anyone or
more accounts.
a. [ ] Yes
b. [] No
F3 TRANSFERS FROM QUALIFIED PLANS (plan Section 4.6)
a. [] Yes, transfers from qualified plan (and rollovers) will be allowed.
b. [] No, transfers from qualified plans (and rollovers) will not be allowed.
AND, transfers shall be permitted. . .
c. [] from any Employee, even if not a Participant.
d. [] from Participants only.
F4 EMPLOYEES' VOLUNTARY CONTRIBUTIONS (Plan Section 4.7)
a. [] Yes, Voluntary Contributions are allowed subject to the limits of Section 4.7.
b. [] No, Voluntary Contributions will not be allowed.
@ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
18
...,~ LIFE INSURANCE (plan Section 7.2 (d)) may be purchased with Plan contributions.
a. [] No life insurance may be purchased.
b. [] Yes, at the option of the Administrator.
c. [ ] Yes, at the option of the Participant.
AND, the purchase of initial or additional life insurance shall be subject to the following limitations, in
addition to the Plan limitations:
(Select all that apply)
d. [] N/A, no limitations.
e. [] each initial Contract shall have a minimum face amount of $
f. [] each additional Contract shall have a minimum face amount of $
g. [] the Participant has completed . Years of Service.
h. [] the Participant has completed Years of Service while a Participant in the Plan.
1. [] the Participant is under age on the Contract issue date.
J. [] the maximum amount of all Contracts on behalf of a Participant shall not exceed
$
k. [] the maximum face amount of life insurance shall be $
1. [] A Participant shall be 100% vested in life insurance upon purchase.
m. [] The date in any Plan Year on which life insurance shall be purchased shall be
~ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
19
PLEASE CARE FULL Y READ
This Adoption Agreement may be used only in conjunction with the Nationwide Retirement Solutions, Inc. Model
Governmental Defined Contribution Plan and Trust Document. This Adoption Agreement and the basic Plan
document shall together be known as the Nationwide Retirement Solutions Governmental Money Purchase Plan
and Trust.
The adoption of this Plan, the qualification of the Plan and Trust under Code Sections 40 1 (a) and 501 ( a),
respectively, and the related tax consequences are the responsibility ofthe Employer and its independent tax and
legal advisors.
In order to have reliance in such circumstances or with respect to such qualification requirements, application for a
determination letter must be made to the appropriate office of the Internal Revenue Service.
This Adoption Agreement and the accompanying Plan document may not be used unless an authorized
representative of Nationwide Retirement Solutions has acknowledged the use of the Plan. Such acknowledgment is
for ministerial purposes only. It acknowledges that the Employer is using the Plan but does not represent that this
Plan, including the choices selected on the Adoption Agreement, has been reviewed by a representative of
Nationwide Retirement Solutions or constitutes a qualified defined contribution plan.
Nationwide Retirement Solutions, Inc.
By:
With regard to any questions regarding the provisions ofthis Plan, adoption of the Plan, or the effect of an opinion
letter from the IRS, call or write (this information must be completed by the sponsor ofthis Plan or its designated
representative.
Name:
Address:
Telephone: ( )
@ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
20
~ WITNESS WHEREOF, the Employer and Trustee hereby cause this Plan to be executed on this _day of
,20_.
EMPLOYER:
By:
TRUSTEE
TRUSTEE
TRUSTEE
PARTICIPATING EMPLOYER:
(enter name)
By:
~ 2006 Nationwide Retirement Solutions, Inc.
Adoption Agreement
21
IcMARC
Building Retirement Security
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
I. PURPOSE
The Employer hereby adopts this Plan and Trust to provide funds for its Employees' retirement, and to provide funds
for their Beneficiaries in the event of death. The benefits provided in this Plan shall be paid from the Trust. The Plan
and the Trust forming a part hereof are adopted and shall be maintained for the exclusive benefit of eligible Employees
and their Beneficiaries. Except as provided in Sections 4.10 and 14.03, no part of the corpus or income of the Trust
shall revert to the Employer or be used for or diverted to purposes other than the exclusive benefit of Participants and
their Beneficiaries.
II. DEFINITIONS
2.01 Account. A separate record which shall be established and maintained under the Trust for each Participant.
and which shall include all Participant subaccounts created pursuant to Article IV, plus any Participant Loan
Account created pursuant to Section 13.03. Each subaccount created pursuant to Article IV shall include any
earnings of the Trust and adjustments for withdrawals, and realized and unrealized gains and losses allocable
thereto. The term "Account" may also refer to any of such separate subaccounts.
2.02 Accounting Date. Each day that the New York Stock Exchange is open for trading, and such other dates as
may be determined by the Plan Administrator, as provided in Section 6.06 for valuing the Trust's assets.
2.03 Adoption Agreement. The separate agreement executed by the Employer through which the Employer adopts
the Plan and elects among the various alternarives provided thereunder, and which upon execution, becomes an
integral part of the Plan.
2.04 Beneficiary. The person or persons (including a trust) designated by the Participant who shall receive any
benefits payable hereunder in the event of the Participant's death. The designation of such Beneficiary shall
be in writing to the Plan Administrator. A Participant may designate primary and contingent Beneficiaries.
Where no designated Beneficiary survives the Participant or no Beneficiary is otherwise designated by the
Participant, the Participant's Beneficiary shall be his/her surviving spouse or, if none, his/her estate.
Notwithstanding the foregoing, the Beneficiary designation is subject to the requirements of Article XII unless
the Employer elects otherwise in the Adoption Agreement.
Notwithstanding the foregoing, where elected by the Employer in the Adoption Agreement (the "QJSA
Election"), the Beneficiary designation is subject to the requirements of Article XVII.
Notwithstanding the foregoing, to the extent permitted by the Employer, a Beneficiary receiving required
minimum distributions in accordance with Article X and not in a benefit form elected under Article XI or XII,
may designate a Beneficiary to receive the required minimum distributions that would have otherwise been
payable to the initial Beneficiary but for his or her death.
2.05 Break in Service. A Period of Severance of at least twelve (12) consecutive months.
In the case of an individual who is absent from work for maternity or paternity reasons, the twelve (12)
consecutive month period beginning on the first anniversary of the first date of such absence shall not constitute
a Break in Service. For purposes of this paragraph, an absence from work for maternity or paternity reasons
means an absence (1) by reason of the pregnancy of the individual, (2) by reason of the birth of a child of the
individual, (3) by reason of the placement of a child with the individual in connection with the adoption of
such child by such individual, or (4) for purposes of caring for such child for a period beginning immediately
following such birth or placement.
2.06 Code. The Internal Revenue Code of 1986, as amended from time to time.
2.07 Covered Employment Classification. The group or groups of Employees eligible to make and! or have
contributions to this Plan made on their behalf, as specified by the Employer in the Adoption Agreement.
2.08 Disability. A physical or mental impairment which is of such permanence and degree that, as determined by
the Employer, a Participant is unable because of such impairment to perform any substantial gainful activity
for which he! she is suited by virtue of his!her experience, training, or education and that has lasted, or can
be expected to last, for a continuous period of not less than twelve (12) months, or can be expected to result
in death. The permanence and degree of such impairment shall be supported by medical evidence. If the
Employer maintains a long-term disability plan, the definition of Disability shall be the same as the definition
of disability in the long-term disability plan.
2.09 Earnings.
(a) General Rule. Earnings, which form the basis for computing Employer Contributions, are all of each
Participant's W-2 earnings which are actually paid to the Participant during the Plan Year, plus any
contributions made pursuant to a salary reduction agreement which are not includible in the gross
income of the Employee under section 125, 402(e)(3), 402(h)(1)(B), 403(b), 414(h)(2), 457(b), or,
effective January 1, 2001, 132(f) ( 4) of the Code. Earnings shall include any pre-tax contributions
(excluding direct employer contributions) to an integral part trust of the Employer providing retiree
health care benefits. Earnings shall also include any other earnings as defined and elected by the
Employer in the Adoption Agreement. Unless the Employer elects otherwise in the Adoption
Agreement, Earnings shall exclude overtime compensation and bonuses.
(b) Limitation on Earnings. For any Plan Year beginning after December 31, 2001, the annual Earnings of
each Participant taken into account in determining allocations shall not. exceed $200,000, as adjusted
for cost-of-living increases in accordance with section 401 (a)(17)(B) of the Code. Annual Earnings
means Earnings during the Plan Year or such other consecutive 12-month period over which Earnings
is otherwise determined under the Plan (the determination period). The cost-of-living adjustment in
effect for a calendar year applies to annual Earnings for the determination period that begins with or
within such calendar year.
If a determination period consists of fewer than twelve (12) months, the annual Earnings limit is
an amount equal to the otherwise applicable annual Earnings limit multiplied by the fraction, the
numerator of which is the number of months in the short Plan Year and the denominator of which
is twelve (12). If Earnings for any prior determination period are taken into account in determining
a Participant's allocations for the current Plan Year, the Earnings for such prior year are subject to the
applicable annual Earnings limit in effect for that prior year.
(c) Limitatiom for Governmental Plam. In the case of an eligible participant in a governmental plan
(within the meaning of section 414(d) of the Code), the dollar limitation shall not apply to the extent
the Earnings which are allowed to be taken into account under the Plan would be reduced below the
amount which was allowed to be taken into account under the Plan as in effect on July 1, 1993, as
adjusted for increases in the cost-of-living in accordance with section 401 (a) (I 7)(B) of the Code. For
purposes of this Section, an eligible participant is an individual who first became a Participant in the
Plan during a Plan Year beginning before the first Plan Year beginning after December 31,1993.
2.10 Effective Date. The first day of the Plan Year during which the Employer adopts the Plan, unless the Employer
elects in the Adoption Agreement an alternate date as the Effective Date of the Plan.
2.11 Employee. Any individual who has applied for and been hired in an employment position and who is
employed by the Employer as a common law employee; provided, however, that Employee shall not include
any individual who is not so recorded on the payroll records of the Employer, including any such person who is
2
subsequently reclassified by a court of law or regulatory body as a common law employee of the Employee h H
purposes of clarification only and not to imply that the preceding sentence would otherwise cover such persun,
the term Employee does not include any individual who performs services for the Employer as an independeni
contractor, or under any other non-employee.
2.12 Employer. The unit of state or local government or an agency or instrumentality of one (1) or more states or
local governments that executes the Adoption Agreement.
2.13 Hour of Service. Each hour for which an Employee is paid or entitled to payment for the performance of du-
ties for the Employer.
2.14 Nonforfeitable Interest. The nonforfeitable interest of the Participant or his/her Beneficiary (whichever IS
applicable) is that percentage of his/her Employer Contribution Account balance, which has vested pursuant to
Article VII. A Participant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in his/
her Participant Contribution, Rollover, and Voluntary Contribution Accounts.
2.15 Normal Retirement Age. The age which the Employer specifies in the Adoption Agreement. If the Employer
enforces a mandatory retirement age, the Normal Retirement Age is the lesser of that mandatory age or the age
specified in the Adoption Agreement.
2.16 Participant. An Employee or former Employee for whom contributions have been made under the Plan
and who has not yet received all of the payments of benefits to which he/she is entitled under the Plan. A
Participant is treated as benefiting under the Plan for any Plan Year during which the participant received or IS
deemed to receive an allocation in accordance with Treas. Reg. section 1.410(b)-3(a).
2.17 Period of Service. For purposes of determining an Employee's initial or continued eligibility to participate
in the Plan or the Nonforfeitable Interest in the Participant's Account balance derived from Employer
Contributions, an Employee will receive credit for the aggregate of all time period(s) commencing with the
Employee's first day of employment or reemployment and ending on the date a Break in Service begins. The
first day of employment or reemployment is the first day the Employee performs an Hour of Service. An
Employee will also receive credit for any Period of Severance of less than twelve (12) consecutive months.
Fractional periods of a year will be expressed in terms of days.
Notwithstanding anything to the contrary herein, if the Plan is an amendment and restatement of a plan that
previously calculated service under the hours of service method, service shall be credited in a manner that is at
least as generous as that provided under Treas. Regs. section 1.4 1 0(a)-7(g).
2.18 Period of Severance. A continuous period of time during which the Employee is not employed by the
Employer. Such period begins on the date the Employee retires, quits or is discharged, or if earlier, the twelve
(12) month anniversary of the date on which the Employee was otherwise first absent from service.
2.19 Plan. This Plan, as established by the Employer, including any elected provisions pursuant to the Adoption
Agreement.
2.20 Plan Administrator. The person(s) or entity named to carry out certain nondiscretionary administrative
functions under the Plan, as hereinafter described, which is the ICMA Retirement Corporation or any successor
Plan Administrator.
2.21 Plan Year. The twelve (12) consecutive month period designated by the Employer in the Adoption Agreement,
2.22 Trust. The Trust created under Article VI of the Plan which shall consist of all of the assets of the Plan derived
from Employer and Participant contributions under the Plan, plus any income and gains thereon, less anv
losses, expenses and distributions to Participants and Beneficiaries.
3
III. ELIGIBILITY
3.01 Service. Except as provided in Sections 3.02 and 3.03 of the Plan. an Employee within the Covered
Employment Classification who has completed a twelve (12) month Period of Service shall be eligible to
participate in the Plan at the beginning of the payroll period next commencing thereafter. The Employer may
elect in the Adoption Agreement to waive or reduce the twelve (12) month Period of Service.
If the Employer maintains the plan of a predecessor employer, service with such employer shall be treated as
Service for the Employer.
3.02 Age. The Employer may designate a minimum age requirement, not to exceed age twenty-one (21), for
participation. Such age, if any, shall be declared in the Adoption Agreement.
3.03 Return to Covered Employment Classification. In the event a Participant is no longer a member of Covered
Employment Classification and becomes ineligible to make contributions and/or have contributions made on
his/her behalf, such Employee will become eligible for contributions immediately upon returning to a Covered
Employment Classification. If such Participant incurs a Break in Service, eligibility will be determined under
the Break in Service rules of the Plan.
In the event an Employee who is not a member of a Covered Employment Classification becomes a member,
such Employee will be eligible to participate immediately if such Employee has satisfied the minimum age and
service requirements and would have otherwise previously become a Participant.
3.04 Service Before a Break in Service. All Periods of Service with the Employer are counted toward eligibility,
including Periods of Service before a Break in Service.
Iv. CONTRIBUTIONS
4.01 Employer Contributions. For each Plan Year, the Employer will contribute to the Trust an amount as
specified in the Adoption Agreement. The Employer's full contribution for any Plan Year shall be due and paid
not later than thirty (30) working days after the close of the Plan Year. Each Participant will share in Employer
Contributions for the period beginning on the date the Participant commences participation under the Plan
and ending on the date on which such Employee severs employment with the Employer or is no longer a
member of a Covered Employment Classification, and such contributions shall be accounted for separately in
his/her Employer Contribution Account. Notwithstanding anything to the contrary herein, if so elected by
the Employer in the Adoption Agreement, an Employee shall be required to make contributions as provided
pursuant to Section 4.03 or 4.04 in order to be eligible for Employer Contributions to be made on his/her
behalf to the Plan.
4.02 Forfeitures. All amounts forfeited by terminated Participants, pursuant to Section 7.06, shall be allocated
to a suspense account and used to reduce dollar for dollar Employer Contributions otherwise required under
the Plan for the current Plan Year and succeeding Plan Years, if necessary. Forfeitures may first be used to
pay the reasonable administrative expenses of the Plan, with any remainder being applied to reduce Employer
Contributions.
4.03 Mandatory Participant Contributions. If the Employer so elects in the Adoption Agreement, each eligible
Employee shall make contributions at a rate prescribed by the Employer or at any of a range of specified rates,
as set forth by the Employer in the Adoption Agreement, as a requirement for his/her participation in the Plan.
Once an eligible Employee becomes a Participant, he/she shall not thereafter have the right to discontinue
or vary the rate of such Mandatory Participant Contributions. Such contributions shall be accounted for
separately in the Participant Contribution Account. Such Account shall be at all times nonforfeitable by the
Partici pan t.
4
If (he Employer so e1ens in (he Adop(ion Agreement, (he Mandarory Parricipanr Contributions shall he
"picked up" by (he Employer in accordance with Code section 414(h)(2). Any contributlon plcked-up llr1dc
this Section shall be treated as an employer contribution in determining the tax treatmem under the Code. Hl<.J
shall not be included as gross income of the Parricipant until it is distributed.
4.04 Employer Matching Contributions of Voluntary Participant Contributions. If the Employer so elects ir
the Adoption Agreement, Employer Matching Contributions shall be made on behalf of an eligible Employee
for a Plan Year only if the Employee agrees to make Voluntary Parricipant Contributions for that Plan Year.
The rate of Employer Contributions shall, to the extent specified in the Adoption Agreement, be based upon
the rate at which Voluntary Participant Contributions are made for (hat Plan Year. Employer Matching
Contributions shall be accounted for separately in the Employer Contribution Account.
4.05 Voluntary Participant Contributions. If the Employer so elects in the Adoption Agreement, an eligible
Employee may make after-tax voluntary (unmatched) contributions under the Plan for any Plan Year in any
amount up to twenty five percent (25%) of his/her Earnings for such Plan Year. Matched and unmatched
contributions shall be accounted for separately in the Participant's Voluntary Contribution Account. Such
Account shall be at all times nonforfeitable by the Participant.
4.06 Deductible Employee Contributions. The Plan will not accept deductible employee contributions which
are made for a taxable year beginning after December 31, 1986. Contributions made prior to that date will be
maintained in a Deductible Employee Contribution Account. The Account will share in the gains and losses
under the Plan in the same manner as described in Section 6.06 of the Plan. Such Account shall be at all times
nonforfeitable by the Participant.
4.07 Military Service Contributions. Notwithstanding any provision of the Plan to the contrary, effective
December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be
provided in accordance with section 414(u) of the Code.
Effective December 12, 1994, if the Employer has elected in the Adoption Agreement to make loans available
to Participants, loan repayments will be suspended under the Plan as permitted under section 414(u)(4) of the
Code.
4.08 Changes in Participant Election. A Participant may elect to change his/her rate of Voluntary Participant
Contributions at any time or during an election period as designated by the Employer. A Participant may
discontinue such contributions at any time or during an election period as designated by the Employer.
4.09 Portability of Benefits.
(a) Unless otherwise elected by the Employer in (he Adoption Agreement, the Plan will accept
Participant (which shall include, for purposes of this subsection, an Employee within the Covered
Employment Classification whether or not he/she has satisfied the minimum age and service
requirements of Article III,) rollover contributions and/or direct rollovers of distributions (including
after-tax contributions) made after December 31, 2001 that are eligible for rollover in accordance
with Section 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), or 457(e)06) of the Code, from all of
the following types of plans:
(I) A qualified plan described in Section 401 (a) or 403(a) of the Code;
(2) An annuity contract described in Section 403(b) of the Code;
(3) An eligible plan under Section 457(b) of the Code which is maintained by a state, political
subdivision of a state, or any agency or instrumentality of a Slate or a political subdivision of
a state; and
'5
(4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the
Code (including SEPs, and SIMPLE IRAs after two years of participating in the SIMPLE
IRA).
(b) Notwithstanding the foregoing, the Employer may reject the rollover contribution if it determines,
in its discretion, that the form and nature of the distribution from the other plan does not satisfy the
applicable requirements under the Code to make the transfer or rollover a nontaxable transaction to
the Participant;
(c) For indirect rollover contributions, the amount distributed from such plan must be rolled over to
this Plan no later than the sixtieth (60th) day after the distribution was made from the plan, unless
otherwise waived by the IRS pursuant to Section 402(c)(3) of the Code.
(d) The amount transferred shall be deposited in the Trust and shall be credited to a Rollovet
Account. Such Account shall be one hundred percent (100%) vested in the Participant.
(e) The Plan will accept accumulated deductible employee contributions as defined in section
72(0)(5) of the Code that were distributed from a qualified retirement plan and transferred (rolled
over) pursuant to section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3) of the Code. Notwithstanding
the above, this transferred (rolled over) amount shall be deposited to the Trust and shall be credited to
a Deductible Employee Contributions Account. Such Account shall be one-hundred percent (100%)
vested in the Participant.
(f) A Participant may, upon approval by the Employer and the Plan Administrator, transfer his/her
interest in another plan maintained by the Employer that is qualified under section 401 (a) of the
Code to this Plan, provided the transfer is effected through a one-time irrevocable written election
made by the Participant. The amount transferred shall be deposited in the Trust and shall be credited
to sources that maintain the same attributes as the plan from which they are transferred. Such
transfer shall not reduce the accrued years or service credited to the Participant for purposes of vesting
or eligibility for any Plan benefits or features.
4.10 Return of Employer Contributions. Any contribution made by the Employer because of a mistake of fact
must be returned to the Employer within one year of the date of contribution.
~ LIMITATION ON ALWCATIONS
5.01 Participants Only in This Plan.
(a) If the Participant does not participate in, and has never participated in another qualified plan or a
welfare benefit fund, as defined in section 419(e) of the Code, maintained by the Employer, or an
individual medical account, as defined by section 415(1)(2) of the Code, maintained by the Employer,
which provides an Annual Addition, the amount of Annual Additions which may be credited to the
Participant's Account for any Limitation Year will not exceed the lesser of the Maximum Permissible
Amount or any other limitation contained in this Plan. If the Employer Contribution that would
otherwise be contributed or allocated to the Participant's Account would cause the Annual Additions
for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or al-
located will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum
Permissible Amount.
(b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may
determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimation
of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants
similarly situated.
6
(e) As soon as is administratively feasible after the end of the Limitation Year, the t\1aximum Permlsslhi<
Amount for the Limitation Year will be determined on the basis of ,he Participant s actual Compe:"i-
tion for the Limitation Year.
(d) If, as a result of an inadvertent reasonable error in estimating the Maximum Permissible Amount
a Participant in accordance with Subsection (b) or pursuant to Subsection (c) or as a result of the
allocation of forfeitures, there is an Excess Amount, the excess will be disposed of as follows:
(1) Any Mandatory Participant Contributions that are not "picked up" by the Employer or
Voluntary Participant Contributions, to the extent they would reduce the Excess Amoune will
be returned to the Participant;
(2) If after the application of paragraph (1) an Excess Amount still exists, and the Participant
is covered by the Plan at the end of the Limitation Year, the Excess Amount in the Partici-
pant's Account will be used to reduce Employer Contributions (including any allocation ot
forfeitures) for such Participant in the next Limitation Year, and each succeeding Limitation
Year if necessary;
(3) If after the application of paragraph (1) an Excess Amount still exists, and the Participant is
not covered by the Plan at the end of the Limitation Year, the Excess Amount will be held
unallocated in a suspense account. The suspense account will be applied to reduce future
Employer Contributions (including allocation of any forfeitures) for all remaining Participants
in the next Limitation Year, and each succeeding Limitation Year if necessary;
(4) If a suspense account is in existence at any time during a particular Limitation Year, all
amounts in the suspense account must be allocated and reallocated to Participants' accounts
before any Employer or any Employee contributions may be made to the Plan for that Limita-
tion Year. Excess Amounts in a suspense account may not be distributed to Participants or
former Participants.
5.02 Participants in Another Defined Contribution Plan.
(a) Unless the Employer provides other limitations in the Adoption Agreement, this Section applies it.
in addition to this Plan, the Participant is covered under another qualified defined contribution plan
maintained by the Employer, or a welfare benefit fund, as defined in section 419(e) of the Code,
maintained by the Employer, or an individual medical account, as defined by section 415(1) (2) of
the Code, maintained by the Employer, which provides an Annual Addition, during any Limitation
Year. The Annual Additions which may be credited to a Participant's Account under this Plan for
any such Limitation Year will not exceed the Maximum Permissible Amount reduced by the Annual
Additions credited to a Participant's Account under the other plans and welfare benefit funds for the
same Limitation Year. If the Annual Additions with respect to the Participant under other defined
contribution plans and welfare benefit funds maintained by the Employer are less than the Maximum
Permissible Amount and the Employer contribution that would otherwise be contributed or allocated
to the Participant's Account under this Plan would cause the Annual Additions for the Limitation
Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual
Additions under all such plans and funds for the Limitation Year will equal the Maximum Permissible
Amount. If the Annual Additions with respect to the Participant under such other defined contribu-
tion plans and welfare benefit funds in the aggregate are equal to or greater than the Maximum Per
missible Amount, no amount will be contributed or allocated to the Participant's Account under cl11S
Plan for the Limitation Year.
(b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may
determine the Maximum Permissible Amount for a Participant in the manner described in Section
5.01 (b).
7
(c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible
Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensa-
tion for the Limitation Year.
(d) If, pursuant to Subsection (c) or as a result of the allocation of forfeitures, a Participant's Annual
Additions under this Plan and such other plans would result in an Excess Amount for a Limitation
Year, the Excess Amount will be deemed to consist of the Annual Additions last allocated, except that
Annual Additions attributable to a welfare benefit fund or individual medical account will be deemed
to have been allocated first regardless of the actual allocation date.
(e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides
with an allocation date of anothet plan, the Excess Amount attributed to this Plan will be the product
of,
(1) The total Excess Amount allocated as of such date, multiplied by the ratio of:
(i) the Annual Additions allocated to the Participant for the Limitation Year as of such date
under this Plan to
(ii) the total Annual Additions allocated to the Participant for the Limitation Year as of such
date under this and all the other prototype qualified defined contribution plans.
(f) Any Excess Amount attributed to this Plan will be disposed in the manner described in Section
5.0l(d).
5.03 Definitions. For the purposes of this Article, the following definitions shall apply:
(a) Annual Additions: The sum of the following amounts credited to a Participant's account for the Limita-
tion Year:
(1) Employer Contributions;
(2) Forfeitures;
(3) Employee contributions; and
(4) Allocations under a simplified employee pension.
Amounts allocated, after March 31, 1984, to an individual medical account, as defined in section
415(1)(2) of the Code, which is part of a pension or annuity plan maintained by the Employer, are
treated as Annual Additions to a defined contribution plan.
For this purpose, any Excess Amount applied under Sections 5.01 (d) or 5.02(f) in the Limitation Year
to reduce Employer Contributions will be considered Annual Additions for such Limitation Year.
(b) Compensation: A Participant's wages, salaries, and fees for professional services and other amounts
received (without regard to whether an amount is paid in cash) for personal services actually
rendered in the course of employment with the Employet maintaining the Plan to the extent that the
amounts are includible in gross income (including, but not limited to, bonuses, fringe benefits, and
reimbursements or other expense allowances under a nonaccountable plan (as described in Treas. Reg.
section 1.62-2(c))), and excluding the following:
(1) Employer Contributions to a plan of deferred compensation which are not includible in the
Employee's gross income for the taxable year in which contributed, or Employer Contributions
8
under a simplified employee pension plan to the extent such contributions are deductible-
the Employee, or any distributions [rom a plan of deferred compensation: and
(2) Other amounts which received special tax benefits, or contributions made by the Employer
(whether or not under a salary reduction agreement) towards the purchase of an annuiI;:
contract described in section 403(b) of the Code (whether or not the amounts are actualh
excludable from the gross income of the Employee).
(3) Notwithstanding the above, Compensation shall include:
(i) any elective deferrals (as defined in section 402(g)(3) of the Code), and
(ii) any amount which is contributed or deferred by the Employer at the election of
the Employee and which is not includible in the gross income of the Employee by
reason of sections 125, 132(f)(4) or 457 of the Code.
For purposes of applying the limitations of this Article, Compensation for a Limitation Year is the
Compensation actually paid or made available during such year.
(c) Defined Contribution Dollar Limitation: $40,000, as adjusted for increases in rhe cosr-of-living in
accordance with section 415(d) of the Code.
(d) Employer: The Employer that adopts this Plan.
(e) Excess Amount: The excess of the Participant's Annual Additions for the Limitation Year over the
Maximum Permissible Amount.
Any Excess Amount shall include allocable income. The income allocable to an Excess Amount IS
equal to the sum of allocable gain or loss for the Plan Year and the allocable gain or loss for the period
between the end of the Plan Year and the date of distribution (the gap period). The Plan may use
any reasonable method for computing the income allocable to an Excess AmOUnt, provided that the
method is used consistently for all Participants and for all corrective distributions under the Plan for
the Plan Year, and is used by the Plan for allocating income [0 Participants' Accounts.
(f) Limitation Year: A calendar year, or the twelve (12) consecutive month period elected by the Employer
in the Adoption Agreement. All qualified plans maintained by the Employer must use the same
Limitation Year. If the Limitation Year is amended to a different twelve (12) consecutive month
period, the new Limitation Year must begin on a date within the Limitation Year in which the amend-
ment is made.
(g) Maximum Permissible Amount: The maximum Annual Addition that may be contributed or allocated
to a Participant's Account under the Plan for any Limitation Year shall not exceed the lesser of:
(1) The Defined Contribution Dollar Limitation, or
(2) One hundred percent (100%) (25% for Limitation Years before January 1, 2002) of the
Participant's Compensation for the Limitation Year.
The compensation limit referred to in (2) shall not apply to any contribution for medical benefits after
separation from service (within the meaning of section 401 (h) or section 419A(f)(2) of the Code)
which is otherwise treated as an annual addition.
9
If a short Limitation Year is created because of an amendment changing the Limitation Year to a differ-
ent twelve (12) consecutive month period, the Maximum Permissible Amount will not exceed the
Defined Contribution Dollar Limitation multiplied by the following fraction:
Number of months in the shorr Limitation Year / 12
VI. TRUST AND INVESTMENT OF ACCOUNTS
6.01 Trust. A Trust is hereby created to hold all of the assets of the Plan for the exclusive benefit of Participants
and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The
trustee shall be the Employer or such other person which agrees to act in that capacity hereunder.
6.02 Investment Powers. The trustee or the Plan Administrator, acting as agent for the trustee, shall have the
powers listed in this Section with respect to investment of Trust assets, except to the extent that the investment
of Trust assets is controlled by Participants, pursuant to Section 13.03.
(a) To invest and reinvest the Trust without distinction between principal and income in common or
preferred stocks, shares of regulated investment companies and other mutual funds, bonds, notes,
debentures, mortgages, certificates of deposit, contracts with insurance companies including but
not limited to insurance, individual or group annuity, deposit administration, guaranteed interest
contracts, and deposits at reasonable rates of interest at banking institutions including but not limited
to savings accounts and certificates of deposit. Assets of the Trust may be invested in securities that
involve a higher degree of risk than investments that have demonstrated their investment performance
over an extended period of time.
(b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or com-
mingled trust fund that is maintained by a bank or other institution and that is available to Employee
plans qualified under section 40 I of the Code, or any successor provisions thereto, and during the
period of time that an investment through any such medium shall exist, to the extent of participation
of the Plan, the declaration of trust of such common, collective, or commingled trust fund shall
constitute a part of this Plan.
(c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit
administration or guaranteed interest contract issued by an insurance company or other financial
institution on a commingled or collective basis with the assets of any other plan or trust qualified
under section 401 (a) of the Code or any other plan described in section 401 (a) (24) of the Code, and
such contract may be held or issued in the name of the Plan Administrator, or such custodian as the
Plan Administrator may appoint, as agent and nominee for the Employer. During the period that an
investment through any such contract shall exist, to the extent of participation of the Plan, the terms
and conditions of such contract shall constitute a part of the Plan.
(d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances,
without liability for interest, in such amounts as may from time to time be deemed to be reasonable
and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan.
(e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the
Plan, the Employer, or any nominee or agent of any of the foregoing, including the Plan Administrator,
or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository
even though, when so deposited, such securities may be merged and held in bulk in the name of
the nominee of such depository with other securities deposited therein by any other person, and to
organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or
holding title to any property for the Trust, all with or without the addition of words or other action to
indicate that property is held in a fiduciary or representative capacity but the books and records of the
Plan shall at all times show that all such investments are part of the Trust.
10
([) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator. as the ..,.(
may be, for the protection of the interests of the Plan or for the preservation of the value of an :n',T.',;
ment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to warV<'
any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to [('Jj('W
extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other
modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjUSt,
or submit to arbitration any claim or right in favor of or against the Plan, to exercise and enforcelfl\'
and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure WI rh
or without paying consideration therefor, to commence or defend suits or other legal proceedings
whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings
in any court of law or equity or before any body or tribunal
(g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan.
(h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or an)'
nominee or agent of the foregoing, including the Plan Administrator, in any bank or banks.
(i) To do any and all other acts that may be deemed necessary to carry out any of the powers set forth
herein.
6.03 Taxes and Expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing
or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or
dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from
the Trust. Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to time
by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the Plan
Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting,
investment and custodial services) shall also be paid from the Trust, However, no person who is a fiduciary
within the meaning of section 3(21)(A) ofERlSA and regulations promulgated thereunder, and who receives
full-time pay from the Employer may receive compensation from the Trust, except for expenses properly and
actually incurred.
6.04 Payment of Benefits. The payment of benefits from the Trust in accordance with the terms of the Plan may be
made by the Plan Administrator, or by any custodian or other person so authorized by the Employer to make
such disbursement, Benefits under this Plan shall be paid only if the Plan Administrator, custodian or other
person decides in his/her discretion that the applicant is entitled to them. The Plan Administrator, custodian
or other person shall not be liable with respect to any distribution of Trust assets made at the direction of thl'
Employer.
6.05 Investment Funds. In accordance with uniform and nondiscriminatory rules established by the Employer
and the Plan Administrator, the Participant may direct his/her Accounts to be invested in one (1) or more
investment funds available under the Plan; provided, however, that the Participant's investment directions shall
not violate any investment restrictions established by the Employer and shall not include any investment in
collectibles, as defined in section 408(m) of the Code.
6.06 Valuation of Accounts. As of each Accounting Date, the Plan assets held in each investment fund offered shall
be valued at fair market value and the investment income and gains or losses for each fund shall be determined.
Such investment income and gains or losses shall be allocated proportionately among all Account balances
on a fund-by-fund basis. The allocation shall be in the proportion that each such Account balance as of the
immediately preceding Accounting Date bears to the total of all such Account balances as of that Accounting
Date. For purposes of this Article, all Account balances include the Account balances of all Participants and
Beneficiaries.
6.07 Participant Loan Accounts. Participant Loan Accounts shall be invested in accordance with Section 13.03 of
the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment fund:.
described in Section 6.05.
11
VII. VESTING
7.01 Vesting Schedule. The portion of a Participant's Account attributable to Mandatory Participant Contribu-
tions and Voluntary Participant Contributions, and the earnings thereon, shall be at all times nonforfeitable
by the Participant. A Participant shall have a Nonforfeitable Interest in the percentage of his/her Employer
Contribution Account established under Section 4.01 and 4.04 determined pursuant to the schedule elected by
the Employer in the Adoption Agreement.
7.02 Crediting Periods of Service. Except as provided in Section 7.03, all of an Employee's Periods of Service
with the Employer are counted to determine the nonforfeitable percentage in the Employee's Account balance
derived from Employer Contributions. If the Employer maintains the plan of a predecessor employer, service
with such employer will be treated as service for the Employer.
For purposes of determining years of service and Breaks in Service for the purposes of computing a Participant's
nonforfeitable right to the Account balance derived from Employer Contributions, the twelve (12) consecutive
month period will commence on the date the Employee first performs an hour of service and each subsequent
twelve (12) consecutive month period will commence on the anniversary of such date.
7.03 Service After Break in Service. In the case of a Participant who has a Break in Service of at least five (5)
years, all Periods of Service after such Breaks in Service will be disregarded for the purpose of determining the
nonforfeitable percentage of the Employer-derived Account balance that accrued before such Break, but both
pre-Break and post-Break service will count for the purposes of vesting the Employer-derived Account balance
that accrues after such Break. Both Accounts will share in the earnings and losses of the fund.
In the case of a Participant who does not have a Break in Service of at least five (5) years, both the pre-Break
and post-Break service will count in vesting both the pre-Break and post-Break Employer-derived Account
balance.
In the case of a Participant who does not have any nonforfeitable right to the Account balance derived from
Employer Contributions, years of service before a period of consecutive one (1) year Breaks in Service will
not be taken into account in computing eligibility service if the number of consecutive one (1) year Breaks
in Service in such period equals or exceeds the greater of five (5) or the aggregate number of years of service.
Such aggregate number of years of service will not include any years of service disregarded under the preceding
sentence by reason of prior Breaks in Service.
If a Participant's years of service are disregarded pursuant to the preceding paragraph, such Participant will be
treated as a new Employee for eligibility purposes. If a Participant's years of service may not be disregarded
pursuant to the preceding paragraph, such Participant shall continue to participate in the Plan, or, if
terminated, shall participate immediately upon reemployment.
7.04 Vesting Upon Normal Retirement Age. Notwithstanding Section 7.01 of the Plan, a Participant shall have a
Nonforfeitable Interest in his/her entire Employer Contribution Account, to the extent that the balance of such
Account has not previously been forfeited pursuant to Section 7.06 of the Plan, if he/she is employed on or
after his/her Normal Retirement Age.
7.05 Vesting Upon Death or Disability. Notwithstanding Section 7.01 of the Plan, in the event of Disability
or death, a Participant or his/her Beneficiary shall have a Nonforfeitable Interest in his/her entire Employer
Contribution Account, to the extent that the balance of such Account has not previously been forfeited
pursuant to Section 7.06 of the Plan.
7.06 Forfeitures. Except as provided in Sections 7.04 and 7.05 of the Plan or as otherwise provided in this Section
7.06, a Participant who separates from service prior to obtaining full vesting shall forfeit that percentage of
his/her Employer Contribution Account balance which has not vested as of the date such Participant incurs a
Break in Service of five (5) consecutive years or, if earlier, the date such Participant receives, or is deemed under
12
the provisions of Section 9.04 to have received, distribution of rhe entire Nonforfeitable intere,t in his/he
Employer Contribution Account.
No forfeiture will occur solely as a result of a Participant's withdrawal of Employee Contributions.
Forfeitures shall be allocated in the manner described in Section 4.02.
7.07 Reinstatement of Forfeitures. If the Participant returns to the employment of the Employer before incurring a
Break in Service of five (5) consecutive years, any amounts forfeited pursuant to Section 7.06 shall be reinstated
to the Participant's Employer Contribution Account on the date of repayment by the Participant of the amount
distributed to such Participant from his/her Employer Contribution Account; provided, however, that if such
Participant forfeited his/her Account balance by reason of a deemed distribution, pursuant to Section 9.04, such
amounts shall be automatically restored upon the reemployment of such Participant. Such repayment must be
made before the earlier of five (5) years after the first date on which the Participant is subsequently reemployed
by the Employer, or the date the Participant incurs a Break in Service of five (5) consecutive years.
VIII. BENEFITS CLAIM
8.01 Claim of Benefits. A Participant or Beneficiary shall notifY the Plan Administrator in writing of a claim of
benefits under the Plan. The Plan Administrator shall take such steps as may be necessary to facilitate the
payment of such benefits to the Participant or Beneficiary.
8.02 Appeal Procedure. If any claim for benefits is initially denied by the Plan Administrator, the claimant shall file
the appeal with the Employer, whose decision shall be final, to the extent provided by Section 15.07.
IX. COMMENCEMENT OF BENEFITS
9.01 Normal and Elective Commencement of Benefits. A Participant who retires, becomes Disabled or incurs
a severance from employment (separation from service for Plan Years beginning before 2002) for any other
reason may elect by written notice to the Plan Administrator to have his or her vested Account balance benefits
commence on any date, provided that such distribution complies with Section 9.02. Such election must be
made in writing during the ninety (90) day period ending on the date as of which benefit payments are to
commence. A Participant's election shall be revocable and may be amended by the Participant.
The failure of a Participant to consent to a distribution while a benefit is immediately distributable, within the
meaning of section 9.02 of the Plan, shall be deemed to be an election to defer commencement of payment of
any benefit.
9.02 Restrictions on Immediate Distributions. Notwithstanding anything to the contrary in Section 9.01 ot
the Plan, if the value of a Participant's vested Account balance is at least $1,000, and the Account balance IS
immediately distributable, the Participant must consent to any distribution of such Account balance. The
Participant's consent shall be obtained in writing during the ninety (90) day period ending on the date as
of which benefit payments are to commence. No consent shall be required, however, to the extent that a
distribution is required to satisfY section 401 (a)(9) or 415 of the Code.
The Plan Administrator shall notifY the Participant of the right to defer any distribution until the Participant's
Account balance is no longer immediately distributable. Such notification shall include a general description
of the material features, and an explanation of the relative values of, the optional forms of benefit available
under the Plan in a manner that would satisfy section 417(a)(3) of the Code, and shall be provided no less than
thirty (30) and no more than ninety (90) days before the date as of which benefit payments are to commence.
However, distribution may commence less than thirty (30) days after the notice described in the preceding
sentence is given, provided (i) the distribution is one to which sections 401 (a) (11) and 417 of the Code do not
apply or, if the QjSA Election is made by the Employer in the Adoption Agreement, the waiver requirements
of Section l7.04(a) are met; (ii) the Plan Administrator clearly informs the Participant that the Participant
13
has a right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether
or not to elect a distribution (and, if applicable, a particular distribution option); and (iii) the Participant, after
receiving the notice, affirmatively elects a distribution.
In addition, upon termination of this Plan if the Plan does not offer an annuity option (purchased from a
commercial provider) and if the Employer does not maintain another 401 (a) defined contribution plan. the
Participant's Account balance will. without the Participant's consent, be distributed to the Participant in a lump
sum. However, if the Employer maintains another 401 (a) defined contribution plan, the Participant's Account
balance will be transferred, without the Participant's consent, to the other plan if the Participant does not
consent to an immediate distribution.
An Account balance is immediately distributable if any part of the Account balance could be distributed to the
Participant (or surviving spouse) before the Participant attains or would have attained (if not deceased) the later
of Normal Retirement Age or age sixty-two (62).
For purposes of determining the applicability of the foregoing consent requirements to distributions made
before the first day of the first plan year beginning after December 31. 1988, the Participant's vested Account
balance shall not include amounts attributable to accumulated deductible employee contributions within the
meaning of section 72(0)(5)(B) of the Code.
9.03 Transfer to Another Plan.
(a) If a Participant becomes eligible to participate in another plan maintained by the Employer that is
qualified under section 401 (a) of the Code, the Plan Administrator shall. at the written election of
such Participant, transfer all or part of such Participant's Account to such plan, provided the plan
administrator for such plan certifies to the Plan Administrator that its plan provides for the acceptance
of such a transfer. Such transfers shall include those transfers of the nonforfeitable interest of a
Participant's Account made for the purchase of service credit in defined benefit plans maintained by
the Employer. For purposes of this Plan, any such transfer shall not be considered a distribution to the
Participant subject to spousal consent as described in Section 9.10.
(b) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's
election under this Section, a Distributee may elect. at the time and in the manner prescribed by the
Plan Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible
Retirement Plan specified by the Distributee in a Direct Rollover.
(c) Dejinitiom. For the purposes of Subsection (b), the following definitions shall apply:
(1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the
credit of the Distributee, except that an Eligible Rollover Distribution does not include::
(i) any distribution that is one of a series of substantially equal periodic payments (not
less frequently than annually) made for the life (or life expectancy) of the Distributee
or the joint lives (or joint life expectancies) of the Distributee and the Distributee's
designated beneficiary, or for a specified period of ten years or more;
(ij) any distribution to the extent such distribution is required under section 401 (a)(9)
of the Code; and
(iii) the portion of any other distribution(s) that is not includible in gross income.
A portion of a distribution shall not fail to be an eligible rollover distribution merely
because the portion consists of after-tax employee contributions which are not includible
in gross income. However, such portion may be transferred only to an individual
retirement account or annuity described in section 408(a) or (b) of the Code, or to a
14
qualified defined contribution plan described in section 401 (a) or 403(a) of the Code 'Ll t
agrees to separately aCCOUnL for amounts so transferred, including separately accounun"
for the portion of such distribution which is includible in gross income and the pomon '::Ji
such distribution which is not so includible.
(2) Eligible Retirement Plan.
(i) an individual retirement account described in section 408(a) of the Code or an
individual retirement annuity described in section 408(b) of the Code (collectively,
an "IRA");
(ii) an annuity plan described in section 403(a) of the Code;
(iii) an annuity contract described in section 403(b) of the Code,
(iv) an eligible plan under section 457(b) of the Code which is maintained by a state,
political subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state and which agrees to separately account for amounts transferred
into such plan from this Plan; or
(v) a qualified plan described in section 401 (a) of the Code, that accepts the
Distributee's Eligible Rollover Distribution. The definition of Eligible Retirement
Plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse
or former spouse who is the alternate payee, under a qualified domestic relations
order, as defined in section 414(p) of the Code.
(3) Distributee. Participant; in addition, the Participant's surviving spouse and the
spouse or former spouse who is the alternate payee under a qualified domestic relations
order, as defined in section 414(p) of the Code, are Distributees with regard to the interest
of the spouse or former spouse.
(4) Direct Rollover. A payment by the Plan to the Eligible Retirement Plan specified by the
Distributee.
9.04 De Minimis Accounts. Notwithstanding the foregoing provisions of this Article, prior to January 1, 2002. jf a
Participant terminates service, and the value of his/her Nonforfeitable Interest in his/her Account is not greater
than the dollar limit under section 411 (a)(ll)(A) of the Code, the Participant's benefit shall be paid (to the
extent it constitutes an Eligible Rollover Distribution) in the form of a direct rollover to the Plan Administrator's
designated IRA, unless he/she affirmatively elects to receive a cash payment or a Direct Rollover in accordance
with procedures established by the Plan Administrator.
On or after January 1, 2002, if a Participant terminates service, and the value of his/her Nonforfeitable Interest
in his/her Account is less than $1,000, the Participant's benefit shall be paid as soon as practicable to the
Participant in a single lump sum distribution. If the value of the Participant's Account is at least $1,000 but nor
more than the dollar limit under section 411 (a) (11) (A) of the Code, the Participant may elect to receive his/het
Nonforfeitable Interest in his/her Account. Such distribution shall be made as soon as practicable following the
request, in a lump sum.
For purposes of this Section, if a Participant's Nonforfeitable Interest in his/her Account is zero, the Participant
shall be deemed to have received a distribution of such Nonforfeitable Interest in his/her Account.
9.05 Withdrawal of Voluntary Contributions. A Participant may upon written request withdraw a part of or the
full amount of his/her Voluntary Contribution Account. Such withdrawals may be made at any time, provided
that no more than two (2) such withdrawals may be made during any calendar year. No forfeiture will Occur
solely as the result of any such withdrawal.
]5
9.06 Withdrawal of Deductible Employee Contributions. A Participant may upon written request withdraw a
part of or the full amount of his/her Deductible Employee Contribution Account. Such withdrawals may be
made at any time, provided that no more than two (2) such withdrawals may be made during any calendar year.
No forfeiture will occur solely as the result of any such withdrawal.
9.07 In-Service Distribution from Rollover Account. Where elected by the Employer in the Adoption Agreement,
a Participant that has a separate account attributable to rollover contributions to the Plan, may at any time elect
to receive a distribution of all or any portion of the amount held in the Rollover Account.
9.08 In-Service Distributions. Unless otherwise elected by the Employer in the Adoption Agreement, a Participant
who has reached age 70-1/2 regardless of his Nonforfeitable Interest in his/her entire Employer Contribution
Account, shall, upon written request, receive a distribution of a part of or the full amount of the balance in any
or all of his vested Accounts. Such distributions may be requested at any time, provided that no more than two
(2) such distributions may be made during any calendar year.
9.09 Latest Commencement of Benefits. Notwithstanding anything to the contrary in this Article, benefits shall
begin no later than the Participant's Required Beginning Date, as defined under Section 10.05, or as otherwise
provided in Section 10.04.
9.10 Spousal Consent. Notwithstanding the foregoing, if the Employer elected the Q]SA Election in the Adoption
Agreement, a married Participant must first obtain his or her spouse's notarized consent to request a distribution
(other than a Qualified Joint and Survivor Annuity), withdrawal, or rollover under this Article IX.
X. DISTRIBUTION REQUIREMENTS
10.01 General Rules.
(a) Subject to the provisions of Article XII or XVII if so elected by the Employer in the Adoption
Agreement, the requirements of this Article shall apply to any distribution of a Participant's interest
and will take precedence over any inconsistent provisions of this Plan. Unless otherwise specified, the
provisions of this Article X apply to calendar years beginning after December 31, 2002.
With respect to distributions under the Plan made in or for Plan Years beginning on or after January
1, 2002 and prior to January 1, 2003, the Plan will apply the minimum distribution requirements of
section 401(a)(9) of the Code in accordance with the regulations under section 401 (a) (9) that were
proposed on January 17,2001, notwithstanding any provision of the Plan to the contrary.
(b) All distributions required under this Article shall be determined and made in accordance with the
regulations under section 401 (a)(9) of the Code, and the minimum distribution incidental benefit
requirement of section 401 (a)(9)(G) of the Code.
(c) Limits on Distribution Periods. As of the firsr Distribution Calendar Year, distributions ro a
Participant, if nor made in a single-sum, may only be made over one of the following periods:
(1) The life of the Participant; or
(2) The joint lives of the Participant and a designated Beneficiary; or
(3) A period certain not exrending beyond the life expecrancy of rhe Participant; or
(4) A period certain nor exrending beyond the joint and lasr survivor expecrancy of rhe Participant
and a designared Beneficiary.
16
(d) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Article XVI!
distributions may be made under a designation made before January 1, 1984, in accordance Wit!;
Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions Of the
Plan that relate to Section 242(b)(2) ofTEFRA.
10.02 Time and Manner of Distribution
(a) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be
distributed, to the Participant no later than the Participant's required beginning date.
(b) Death of Participant BefOre Distributions Begin. If the Participant dies before distributions begin, the
Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then,
distributions to the surviving spouse will begin by December 31 of the calendar year
immediately following the calendar year in which the Participant died, or by December 31
of the calendar year in which the Participant would have attained age 70 1/2, if later.
(2) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then
distributions to the designated Beneficiary will begin by December 31 of the calendar year
immediately following the calendar year in which the Participant died.
(3) If there is no designated Beneficiary as of September 30 of the year following the year of the
Participant's death, the Participant's entire interest will be distributed by December 31 of the
calendar year containing the fifth anniversary of the Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the
surviving spouse dies after the Participant but before distributions to the surviving spouse
begin, this Section 1 0.02(b), other than Section 1 0.02(b)(l), will apply as if the surviving
spouse were the Participant.
For purposes of this Section 1O.02(b) and Section 10.04, unless Section 1O.02(b)(4) applies,
distributions are considered to begin on the Participant's required beginning date. If Section
10.02(b)(4) applies, distributions are considered to begin on the date distributions are required to
begin to the surviving spouse under Section 10.02(b)(l). If distributions under an annuity purchased
from an insurance company irrevocably commence to the Participant before the Participant's required
beginning date (or to the Participant's surviving spouse before the date distributions are required to
begin to the surviving spouse under Section 10.02(b)(l)), the date distributions are considered to
begin is the date distributions actually commence.
(c) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity
purchased from an insurance company or in a single sum on or before the required beginning date.
as of the first distribution calendar year distributions will be made in accordance with Sections 10.03
and 10.04. If the Participant's interest is distributed in the form of an annuity purchased from an
insurance company, distributions thereunder will be made in accordance with the requirements of
Code Section 401 (a) (9) and the Treasury Regulations.
10.03 Required Minimum Distributions During Participant's Lifetime
(a) Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the
Participant's lifetime, the minimum amount that will be distributed for each distribution calendar
year is the lesser of:
(l) The quotient obtained by dividing the Participant's Account Balance by the distribution
17
period set forth in the Uniform Lifetime Table found in Section 1.401 (a)(9)-9, Q&A-2, of
the Pinal Income Tax Regulations using the Participant's age as of the Participant's birthday
in the distribution calendar year; or
(2) If the Participant's sole designated Beneficiary for the distribution calendar year is the
Participant's spouse, the quotient obtained by dividing the Participant's Account Balance by
the number in the Joint and Last Survivor Table set forth in Section 1.40 1 (a) (9)-9, Q&A-3,
of the regulations using the Participant's and spouse's attained ages as of the Participant's and
spouse's birthdays in the distribution calendar year.
(b) Lifetime Required Minimum Distributions Continue Through Year of Participants
Death. Required minimum distributions will be determined under this Section
10.03 beginning with the first distribution calendar year and continuing up to, and
including, the distribution calendar year that includes the Participant's date of death.
10.04 Required Minimum Distributions After Participant's Death
(a) Death On or After Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date
distributions begin and there is a designated Beneficiary, the minimum amount that will
be distributed for each distribution calendar year after the year of the Participant's death
is the quotient obtained by dividing the Participant's Account Balance by the longer of
the remaining life expectancy of the Participant or the remaining life expectancy of the
Participant's designated Beneficiary, determined as follows:
(i) The Participant's remaining life expectancy is calculated using the age of the
Participant in the year of death, reduced by one for each subsequent year.
(ii) If the Participant's surviving spouse is the Participant's sole designated Beneficiary,
the remaining life expectancy of the surviving spouse is calculated for each
distribution calendar year after the year of the Participant's death using the surviving
spouse's age as of the spouse's birthday in that year. For distribution calendar years
after the year of the surviving spouse's death, the remaining life expectancy of
the surviving spouse is calculated using the age of the surviving spouse as of the
spouse's birthday in the calendar year of the spouse's death, reduced by one for each
subsequent calendar year.
(iii) If the Participant's surviving spouse is not the Participant's sole designated
Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using
the age of the Beneficiary in the year following the year of the Participant's death,
reduced by one for each subsequent year.
(2) No Designated Beneficiary. If the Participant dies on or after the date distributions begin
and there is no designated Beneficiary as of September 30 of the year after the year of the
Participant's death, the minimum amount that will be distributed for each distribution
calendar year after the year of the Participant's death is the quotient obtained by dividing the
Participant's Account Balance by the Participant's remaining life expectancy calculated using
the age of the Participant in the year of death, reduced by one for each subsequent year.
(b) Death Before Date Required Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies before the date required
distributions begin and there is a designated Beneficiary, the minimum amount that will
be distributed for each distribution calendar year after the year of the Participant's death is
18
the quotient obtained by dividing the Participant's Account Balance by the remaining Illl
expectancy of the Participant's designated Beneficiary, determined as provided in Seetio!,
10.04(a).
(2) No Designated Beneficiary. If the Participant dies before the date distributions begin and
there is no designated Beneficiary as of September 30 of the year following the year of the
Participant's death, distribution of the Participant's entire interest will be completed by
December 31 of the calendar year containing the fifth anniversary of the Participant's death.
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the
Participant dies before the date distributions begin, the Participant's surviving spouse is the
Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are
required to begin to the surviving spouse under Section 10.02(b)(l), this Section 10.04(bl
will apply as if the surviving spouse were the Participant.
10.05 Definitions
(a) Designated Beneficiary. The individual who is designated by the Participant (or the Participant's
surviving spouse) as the Beneficiary of the Participant's interest under the Plan and who is the
designated Beneficiary under Code Section 401 (a)(9) and Section 1.401 (a) (9)-4 of the regulations.
(b) Distribution CalentUzr Year. A calendar year for which a minimum distribution is required. For
distributions beginning before the Participant's death, the first distribution calendar year is the
calendar year immediately preceding the calendar year which contains the Participant's required
beginning date. For distributions beginning after the Participant's death, the first distribution
calendar year is the calendar year in which distributions are required to begin under Section 10 .02(b).
The required minimum distribution for the Participant's first distribution calendar year will be made
on or before the Participant's required beginning date. The required minimum distribution for other
distribution calendar years, including the required minimum distribution for the distribution calendar
year in which the Participant's required beginning date occurs, will be made on or before December
31 of that distribution calendar year.
(c) Life Expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401 (a)(9)-
9, Q&A-1, of the regulations.
(d) Participants Account Balance. The Account Balance as of the last Accounting Date in the calendar
year immediately preceding the distribution calendar year (valuation calendar year) increased by the
amount of any contributions made and allocated or forfeitures allocated to the Account Balance as of
dates in the valuation calendar year after the Accounting Date and decreased by distributions made
in the valuation calendar year aftet the Accounting Date. The Account Balance for the valuation
calendar year includes any amounts rolled over or transferred to the Plan either in the valuation
calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar
year.
(e) Required Beginning Date. The Required Beginning Date of a Participant is April 1 of the calendar
year following the later of the calendar year in which the Participant attains age seventy and one-half
(70-1/2), or the calendar year in which the Participant retires.
XI. MODES OF DISTRIBUTION OF BENEFITS
11.01 Normal Mode of Distribution. Unless an elective mode of distribution is elected as provided in Section
11.02, benefits shall be paid to the Participant in the form of a lump sum payment.
Notwithstanding the foregoing, where the Employer made the "Q]SA Election" in the Adoption Agreement,
unless an elective mode of distribution is elected in accordance with Article XVII, benefits shall be paid to the
Participant in the form provided for in Article XVII.
19
11.02 Elective Mode of Distribution. Subject to the requirements of Articles X, XII and XVII, a Participant may
revocably elect to have his/her Account distributed in anyone (1) of the following modes in lieu of the mode
described in Section 11.01:
(a) Equal Payments. Equal monthly, quarterly, semi-annual, or annual payments in an amount chosen by
the Participant continuing until the Account is exhausted.
(b) Period Certain. Approximately equal monthly, quarterly, semi-annual, or annual payments, calculated
to continue for a period certain chosen by the Participant.
(c) Other. Any other sequence of payments requested by the Participant.
(d) Lump Sum. Where the Employer did make the Q]SA Election in the Adoption Agreement, a
Participant may also elect a lump sum payment.
11.03 Election of Mode. A Participant's election of a payment option must be made in writing between thirty (30)
and ninety (90) days before the payment of benefits is to commence.
11.04 Death Benefits. Subject to Article X (and Article XII or XVII if so elected by the Employer in the
Adoption Agreement),
(a) In the case of a Participant who dies before he/she has begun receiving benefit payments, the
Participant's entire Nonforfeitable Interest shall then be payable to his/her Beneficiary within ninety
(90) days of the Participant's death. A Beneficiary who is entitled to receive benefits under this Sec-
tion may elect to have benefits commence at a later date, subject to the provisions of Article X. The
Beneficiary may elect to receive the death benefit in any of the forms available to the Participant
under Sections 11.01 and 11.02. If the Beneficiary is the Participant's surviving spouse, and such
surviving spouse dies before payment commences, then this Section shall apply to the beneficiary of
the surviving spouse as though such surviving spouse were the Participant.
(b) Should the Participant die after he/she has begun receiving benefit payments, the Beneficiary shall
receive the remaining benefits, if any, that are payable, under the payment schedule elected by the
Participant. Notwithstanding the foregoing, the Beneficiary may elect to accelerate payments of the
remaining balances, including but not limited to, a lump sum distribution.
XII. SPOUSAL DEATH BENEFIT REQUIREMENTS
12.01 Application. Unless otherwise elected by the Employer in the Adoption Agreement, on or after January 1,
2006, the provisions of this Article shall take precedence over any conflicting provision in this Plan. The
provisions of this Article, known as the "Beneficiary Spousal Consent Election," shall apply to any Participant
who is credited with any Period of Service with the Employer on or after August 23, 1984, and such other
Participants as provided in Section 12.04.
12.02 Spousal Death Benefit.
(a) On the death of a Participant, the Participant's Vested Account Balance will be paid to the
Participant's Surviving Spouse. If there is no Surviving Spouse, or if the Participant has waived the
spousal death benefit, as provided in Section 12.03, such Vested Account Balance will be paid to the
Participant's designated Beneficiary.
(b) The Surviving Spouse may elect to have distribution of the Vested Account Balance commence
within the ninety (90) day period following the date of the Participant's death, or as otherwise
provided under Section 11.04. The Account balance shall be adjusted for gains or losses occurring
after the Participant's death in accordance with the provisions of the Plan governing the adjustment of
Account balances for other types of distributions.
20
12.03 Waiver of Spousal Death Benefit.
The Participant may waive the spousal death benefit described in Section 12.02 at any time; provided that nu
such waiver shall be effective unless:
(a) the Participant's Spouse consents in writing to the election;
(b) the election designates a specific Beneficiary, including any class of Beneficiaries or any contingent
Beneficiaries, which may not be changed without spousal consent (or the Spouse expressly permits
designations by the Participant without any further spousal consent);
(c) the Spouse's consent acknowledges the effect of the election; and
(d) the Spouse's consent is witnessed by a Plan representative or notary public. If it is established to the
satisfaction of a Plan representative that there is no Spouse or that the Spouse cannot be located, a
waiver will be deemed to meet the requirements of this Section.
Any consent by a Spouse obtained under this provision (or establishment rhat the consent of a Spouse may
not be obtained) shall be effective only with respect to such Spouse. A consent that permits designations by
the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse
has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that
the Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be
made by a Participant without the consent of the Spouse at any time before the commencement of benefits.
The number of revocations shall not be limited.
12.04 Definitions. For the purposes of this Section, the following definitions shall apply:
Ca) Spouse (Surviving Spouse): The Spouse or Surviving Spouse of the Participant, provided that a former
Spouse will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as
the Spouse or Surviving Spouse to the extent provided under a qualified domestic relations order as
described in section 414(p) of the Code; and
(b) VestedAccount Balance: The aggregate value of the Participant's vested Account balances derived from
Employer and Employee contributions (including rollovers), whether vested before or upon death,
including the proceeds of insurance contracts, if any, on the Participant's life. The provisions of this
Article shall apply to a Participant who is vested in amounts attributable to Employer Contributions,
Employee contributions (or both) at the time of death or distribution.
XIII. LOANS TO PARTICIPANTS
13.01 Availability of Loans to Participants.
(a) If the Employer has elected in the Adoption Agreement to make loans available to Participants, a
Participant may apply for a loan from the Plan subject to the limitations and other provisions of this
Article.
(b) The Employer shall establish written guidelines governing the granting of loans, provided that such
guidelines are approved by the Plan Administrator and are not inconsistent with the provisions of this
Article, and that loans are made available to all Participants on a reasonably equivalent basis.
13.02 Terms and Conditions of Loans to Participants. Any loan by the Plan to a Participant under Section 13.01
of the Plan shall satisfy the following requirements:
(a) Availability. Loans shall be made available to all Participants on a reasonably equivalent baSIS.
21
(b) Nondiscrimination. Loans shall not be made to highly compensated Employees in an amount greater
than the amount made available to other Employees.
(c) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate.
(d) Loan Limit. No Participant loan shall exceed the present value of the Participant's Nonforfeitable
Interest in his/her Account.
(e) Foreclosure. In the event of default, foreclosure on the note and attachment of security will not occur
until a distributable event occurs in the Plan.
(f) Reduction of Account. Notwithstanding any other provision of this Plan, the portion of the
Participant's vested Account balance used as a security interest held by the Plan by reason of a loan
outstanding to the Participant shall be taken into account for purposes of determining the amount of
the Account balance payable at the time of death or distribution, but only if the reduction is used as
repayment of the loan. If less than one hundred percent (100%) of the Participant's nonforfeitable
Account balance (determined without regard to the preceding sentence) is payable to the surviving
spouse, then the Account balance shall be adjusted by first reducing the nonforfeitable Account bal-
ance by the amount of the security used as repayment of the loan, and then determining the benefit
payable to the surviving spouse.
(g) Amount afLoan. At the time the loan is made, the principal amount of the loan plus the outstanding
balance (principal plus accrued interest) due on any other outstanding loans to the Participant or
Beneficiary from the Plan and from all other plans of the Employer that are qualified employer plans
under section 72(p)(4) of the Code shall not exceed the lesser of:
(1) $50,000, reduced by the excess (if any) of
(i) The highest outstanding balance of loans from the Plan during the one (1) year
period ending on the day before the date on which the loan is made, over
(ii) The outstanding balance of loans from the Plan on the date on which such loan is
made; or
(2) One-half (1/2) of the value of the Participant's Nonforfeitable Interest in all of his/her
Accounts under this Plan (or $10,000, if greater, for loans prior to January 1, 2006).
For the purpose of the above limitation, all loans from all qualified employer plans, including 457(b)
plans, under Code section 72(p)(4) of the Code are aggregated.
(h) Application fOr Loan. The Participant must give the Employer adequate written notice, as determined
by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan
may be made by the Plan to a Participant in any calendar year. No loan shall be approved if an
existing loan from the Plan to the Participant is in default to any extent.
(i) Length of Loan. The terms of any loan issued or renegotiated after December 31, 1993, shall require
the Participant to repay the loan in substantially equal installments of principal and interest, at least
quarterly (except as otherwise provided in Treasury Regulation section l.72(p)-l, Q&A-9 for certain
leave of absence and military leave), over a period that does not exceed five (5) years from the date of
the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire
any dwelling unit that is to be used within a reasonable time after the loan is made as the princi-
pal residence of the Participant, the five (5) year limit shall not apply. In this event, the period of
repayment shall not exceed a reasonable period determined by the Employer. Principal installments
22
and interest payments otherwise due may be suspended during an authorized leave at absence,
(he promissory note so provides, but not beyond the original term permined under this Subsecuon
(i), with a revised payment schedule (within such term) instituted at the end of such period 01
suspension. If the Participant fails to make any installment payment, the Plan Administrator may.
according to Treasury Regulation 1.72(p)-1, allow a cure period, which cure period cannot continue
beyond the last day of the calendar quarter following the calendar quarter in which the required
installment payment was due.
(j) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time
prior to maturity, without penalty.
(k) Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered to
the Employer, and shall bear interest at a reasonable rate determined by the Employer.
Unless waived by a Participant, any plan loan that is outstanding on the date that active duty military
service begins will accrue interest at a rate of no more than 6% during the period of military service
in accordance with the provisions of the Servicemembers Civil Relief Act (SCRA), 50 USC App. ~
526 and subject to the notice requirements contained therein. This limitation applies even if loan
payments are suspended during the period of military service as permitted under the Plan and Treasury
regulations.
(I) Security. The loan shall be secured by an assignment of that portion the Participant's right, tide
and interest in and to his/her Employer Contribution Account (to the extent vested), Parricipant
Contribution Account, and Rollover Account that is equal to fifty percent (50%) of the Parricipant's
Account (to the extent vested).
(m) Assignment or Pledge. For the purposes of paragraphs (h) and (i), assignment or pledge of any
portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any
insurance contract purchased under the Plan, will be treated as a loan.
(n) Spousal Consent. If the Employer elected the Q]SA Election in the Adoption Agreement, the
Participant must first obtain his or her spouse's notarized consent to the loan.
(0) Other Tenns and Conditions. The Employer shall fix such other terms and conditions of the loan as
it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and
Trust under section 401 (a) of the Code, or to prevent the treatment of the loan for tax purposes as a
distribution to the Participant. The Employer, in its discretion for any reason, may fix other terms
and conditions of the loan, not inconsistent with the provisions of this Article.
13.03 Participant Loan Accounts.
(a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be
transferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to
the Participant's Loan Account as of the Accounting Date immediately preceding the agreed upon date
on which the loan is to be made.
(b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes
received by the Plan from the Participant as consideration for a loan permitted by Section 13.0] of the
Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. No
person who is otherwise a fiduciary of the Plan shall be liable for any loss, or by reason of any breach,
that results from the Participant's exercise of such control.
(c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repay-
ment cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other
2.3
investment funds, in accordance with Section 6.05 of the Plan, as of the next Accounting Date after
payment thereof to the Trust. The amount so invested shall be deducted from the Participant's Loan
Account.
(d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the
provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts.
XIv. PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS
14.01 Amendment by Employer. The Employer reserves the right, subject to Section 14.02 of the Plan, to amend
the Plan from time to time by either:
(a) Filing an amended Adoption Agreement to change, delete, or add any optional provision; or
(b) Continuing the Plan in the form of an amended and restated Plan and Trust.
No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's
accrued benefit. Notwithstanding the preceding sentence, a Participant's Account balance may be reduced to
the extent permitted under section 41 2 (c)(8) of the Code. For purposes of this paragraph, a Plan amendment
which has the effect of decreasing a Participant's Account balance or eliminating an optional form of benefit,
with respect to benefits attributable to service before the amendment shall be treated as reducing an accrued
benefit. Furthermore, if the vesting schedule of the Plan is amended, in the case of an Employee who is
a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the
nonforfeitable percentage (determined as of such date) of such Employee's right to his/her Employer-derived
accrued benefit will not be less than his percentage computed under the plan without regard to such
amendment.
No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The
preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a
Participant to receive payment of his or her Account balance under a particular optional form of benefit if the
amendment provides a single-sum distribution form that is otherwise identical to the optional form of benefit
being eliminated or restricted. For this purpose, a single-sum distribution form is otherwise identical only
if the single-sum distribution form is identical in all respects to the eliminated or restricted optional form of
benefit (or would be identical except that it provides greater rights to the Participant) except with respect to
the timing of payments after commencement.
The Employer may (1) change the choice of options in the Adoption Agreement, (2) add overriding language
in the Adoption Agreement when such language is necessary to satisfy sections 415 or 416 of the Code
because of the required aggregation of multiple plans, (3) amend administrative provisions of the trust or
custodial document in the case of a nonstandardized plan and make more limited amendments in the case of
a standardized plan such as the name of the plan, employer, trustee or custodian, plan administrator and other
fiduciaries, the trust year, and the name of any pooled trust in which the Plan's trust will participate, (4) add
certain sample or model amendments published by the Internal Revenue Service or other required good faith
amendments which specifically provide that their adoption will not cause the plan to be treated as individually
designed, and (5) add or change provisions permitted under the Plan and/or specify or change the effective
date of a provision as permitted under the Plan and correct obvious and unambiguous typographical errors
and/or cross-references that merely correct a reference but that do not in any way change the original intended
meaning of the provisions.
14.02 Amendment of Vesting Schedule. If the Plan's vesting schedule is amended, or the Plan is amended in any
way that directly or indirectly affects the computation of the Participant's nonforfeitable percentage, each
Participant may elect, within a reasonable period after the adoption of the amendment or change, to have the
nonforfeitable percentage computed under the Plan without regard to such amendment or change.
24
The period during which the election may be made shall commence with the date the amendment is adoptee
or deemed to be made and shall end on the latest of
(a) Sixty (60) days after the amendment is adopted;
(b) Sixty (60) days after the amendment becomes effective; or
(c) Sixty (60) days after the Participant is issued written notice of the amendment by the Employer or
Plan Administrator.
14.03 Termination by Employer. The Employer reserves the right to terminate this Plan. However, in the event
of such termination no part of the Trust shall be used or diverted to any purpose other than for the exclusive
benefit of the Participants or their Beneficiaries, except as provided in this Section.
Upon Plan termination or partial termination, all Account balances shall be valued at their fair market value
and the Participant's right to his/her Employer Contribution Account shall be one hundred percent (100%)
vested and nonforfeitable. Such amount and any other amounts held in the Participant's other Accounts shall
be maintained for the Participant until paid pursuant to the terms of the Plan.
Any amounts held in a suspense account, after all liabilities of the Plan to Participants and Beneficiaries have
been satisfied or provided for, shall be paid to the Employer in accordance with the Code and regulations
thereunder.
In the event that the Commissioner of Internal Revenue determines that the Plan is not initially qualified
under the Internal Revenue Code, any contribution made by the Employer incident to that initial
qualification must be returned to the Employer within one year after the date the initial qualification is
denied, but only if the application for the qualification is made by the time prescribed by law for filing the
Employer's return for the year in which the Plan is adopted, or such later date as the Secretary of the Treasury
may prescribe.
14.04 Discontinuance of Contributions. A permanent discontinuance of contributions to the Plan by the
Employer, unless an amended and restated Plan is established, shall constitute a Plan termination. In the
event of a complete discontinuance of contributions under the Plan, the Account balance of each affected
Participant shall be nonforfeitable.
14.05 Amendment by Plan Administrator. The Plan Administrator may amend this Plan upon thirty (30) days
written notification to the Employer; provided, however, that any such amendment must be for the express
purpose of maintaining compliance with applicable federal laws and regulations of the Internal Revenue
Service. Such amendment shall become effective unless, within such 30-day period, the Employer notifies
the Administrator, in writing, that it disapproves such amendment, in which case such amendment shall
not become effective. In the event of such disapproval, the Administrator shall be under no obligation w
continue acting as Administrator hereunder.
14.06 Optional Provisions. Any provision which is optional under this Plan shall become effective if and only If
elected by the Employer and agreed to by the Plan Administrator.
xv. ADMINISTRATION
15.01 Powers of the Employer. The Employer shall have the following powers and duties:
(a) To appoint and remove, with or without cause, the Plan Administrator;
(b) To amend or terminate the Plan pursuant to the provisions of Article XIV;
(c) To appoint a committee to facilitate administration of the Plan and communications to Participants:
25
(d) To decide all questions of eligibility
(1) for Plan participation, and
(2) upon appeal by any Participant, Employee or Beneficiary, for the payment of benefits;
(e) To engage an independent qualified public accountant, when required to do so by law, to prepare an-
nually the audited financial statements of the Plan's operation;
(f) To take all actions and to communicate to the Plan Administrator in writing all necessary information
to carry out the terms of the Plan and Trust; and
(g) To notify the Plan Administrator in writing of the termination of the Plan.
15.02 Duties of the Plan Administrator. The Plan Administrator shall have the following powers and duties:
(a) To construe and interpret the provisions of the Plan;
(b) To maintain and provide such returns, reportS, schedules, descriptions, and individual Account
statements, as are required by law within the times prescribed by law; and to furnish to the Employer,
upon request, copies of any or all such materials, and further, to make copies of such instruments,
reports, descriptions, and statements as are required by law available for examination by Participants
and such of their Beneficiaries who are or may be entitled to benefits under the Plan in such places
and in such manner as required by law;
(c) To obtain from the Employer such information as shall be necessary for the proper administration of
the Plan;
(d) To determine the amount, manner, and time of payment of benefits hereunder;
(e) To appoint and retain such agents, counsel, and accountants for the purpose of properly administer-
ing the Plan;
(f) To distribute assets of the Trust to each Participant and Beneficiary in accordance with Article X of
the Plan;
(g) To pay expenses from the Trust pursuant to Section 6.03 of the Plan; and
(h) To do such other acts reasonably required to administer the Plan in accordance with its provisions or
as may be provided for or required by law.
15.03 Protection of the Employer. The Employer shall not be liable for the acts or omissions of the Plan
Administrator, but only to the extent that such acts or omissions do not result from the Employer's failure to
provide accurate or timely information as required or necessary for proper administration of the Plan.
15.04 Protection of the Plan Administrator. The Plan Administrator may rely upon any certificate, notice or
direction purporting to have been signed on behalf of the Employer which the Plan Administrator believes to
have been signed by a duly designated official of the Employer.
15.05 Resignation or Removal of Plan Administrator. The Plan Administrator may resign at any time effective
upon sixty (60) days prior written notice to the Employer. The Plan Administrator may be removed by
the Employer at any time upon sixty (60) days prior written notice to the Plan Administrator. Upon the
26
resignation or removal of the Plan Administrator, the Employer may appoint a successor Plan Adminisrr~HlF
failing such appointment, the Employer shaH assume the powers and duties of Plan Administrator. Upon t ne
resignation or removal of the Plan Administrator, any Trust assets invested by or held in the name of the ['b!,
Administrator shall be transferred to the trustee in cash or property, at fair market value, except that the retll rn
of Trust assets invested in a contract issued by an insurance company shall be governed by the terms of thai
contract.
15.06 No Termination Penalty. The Plan Administrator shall have no authority or discretion to impose any
termination penalty upon its removal.
15.07 Decisions of the Plan Administrator. All constructions, determinations, and interpretations made by the
Plan Administrator pursuant to Section 15.02(a) or (d) or by the Employer pursuant to Section 15.01 (d) shall
be final and binding on all persons participating in the Plan, given deference in all courts of law to the greatest
extent allowed by applicable law, and shall not be overturned or set aside by any court of law unless found to
be arbitrary or capricious, or made in bad faith.
XVI. MISCELLANEOUS
16.01 Nonguarantee of Employment. Nothing contained in this Plan shall be construed as a contract of
employment between the Employer and any Employee, or as a right of an Employee to be continued in the
employment of the Employer, as a limitation of the right of the Employer to discharge any of its Employees,
with or without cause.
16.02 Rights to Trust Assets. No Employee or Beneficiary shall have any right to, or interest in, any assets of the
Trust upon termination of his/her employment or otherwise, except as provided from time to time under this
Plan, and then only to the extent of the benefits payable under the Plan to such Employee or Beneficiary out
of the assets of the Trust. All payments of benefits as provided for in this Plan shall be made solely out of the
assets of the Trust and none of the fiduciaries shall be liable therefor in any manner.
16.03 Nonalienation of Benefits. Except as provided in Section 16.04 of the Plan, benefits payable under this Plan
shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,
charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, prior to actually being
received by the person entitled to the benefit under the terms of the Plan; and any attempt to anticipate,
alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable
hereunder, shall be void. The Trust shall not in any manner be liable for, or subject to, the debts, contracts,
liabilities, engagements or torts of any person entitled to benefits hereunder.
16.04 Qualified Domestic Relations Order. Notwithstanding Section 16.03 of the Plan, amounts may be paid
with respect to a Participant pursuant to a domestic relations order, but if and only if the order is determined
to be a qualified domestic relations order within the meaning of section 414(p) of the Code or any domestic
relations order entered before January 1, 1985.
16.05 Nonforfeitability of Benefits. Subject only to the specific provisions of this Plan, nothing shall be deemed to
deprive a Participant of his/her right to the Nonforfeitable Interest to which he/she becomes entitled in accord-
ance with the provisions of the Plan.
16.06 Incompetency of Payee. In the event any benefit is payable to a minor or incompetent, to a person otherwise
under legal disability, or to a person who, in the sole judgment of the Employer, is by reason of advanced age,
illness, or other physical or mental incapacity incapable of handling the disposition of his/her property, the
Employer may apply the whole or any part of such benefit directly to the care, comfort, maintenance, sup-
port, education, or use of such person or payor distribute the whole or any part of such benefit to:
(a) The parent of such person;
27
(b) The guardian, committee, or other legal representative, wherever appointed, of such person;
(c) The person with whom such person resides;
(d) Any person having the care and control of such person; or
(e) Such person personally.
The receipt of the person to whom any such payment or distribution is so made shall be full and complete dis-
charge therefor.
16.07 Inability to Locate Payee. Anything to the contrary herein notwithstanding, if the Employer is unable,
after reasonable effort, to locate any Participant or Beneficiary to whom an amount is payable hereunder,
such amount shall be forfeited and held in the Trust for application against the next succeeding Employer
Contribution or contributions required to be made hereunder. Notwithstanding the foregoing, however,
such amount shall be reinstated, by means of an additional Employer contribution, if and when a claim for
the forfeited amount is subsequently made by the Participant or Beneficiary or if the Employer receives proof
of death of such person, satisfactory to the Employer. To the extent not inconsistent with applicable law,
any benefits lost by reason of escheat under applicable state law shall be considered forfeited and shall not be
reinstated.
16.08 Mergers, Consolidations, and Transfer of Assets. The Plan shall not be merged into or consolidated with
any other plan, nor shall any of its assets or liabilities be transferred into any such other plan, unless each Par-
ticipant in the Plan would (if the Plan then terminated) receive a benefit immediately after the merger, con-
solidation, or transfer that is equal to or greater than the benefit he/she would have been entitled to receive
immediately before the merger, consolidation, or transfer (if the Plan had then terminated).
16.09 Employer Records. Records of the Employer as to an Employee's or Participant's Period of Service, termina-
tion of service and the reason therefor, leaves of absence, reemployment, Earnings, and Compensation will be
conclusive on all persons, unless determined to be incorrect.
16.10 Gender and Number. The masculine pronoun, whenever used herein, shall include the feminine pronoun,
and the singular shall include the plural, except where the context requires otherwise.
16.11 Applicable Law. The Plan shall be construed under the laws of the State where the Employer is located,
except to the extent superseded by federal law. The Plan is established with the intent that it meets the
requirements under the Code. The provisions of this Plan shall be interpreted in conformity with these
requirements.
In the event of any conflict between the Plan and a policy or contract issued hereunder, the Plan provisions
shall control; provided, however, no Plan amendment shall supersede an existing policy or contract unless
such amendment is required to maintain qualification under section 401 (a) and 414(d) of the Code.
XVII. SPOUSAL BENEFIT REQUIREMENTS
17.01 Application. Effective as of January 1, 2006, where elected by the Employer in the Adoption Agreement (the
"QJSA Election"), the provisions of this Article shall take precedence over any conflicting provision in this
Plan. If elected, the provisions of this Article shall apply to any Participant who is credited with any Period
of Service with the Employer on or after August 23, 1984, and such other Participants as provided in Section
17.05.
17.02 Qualified Joint and Survivor Annuity. Unless an optional form of benefit is selected pursuant to a Qualified
Election within the ninety (90) day period ending on the Annuity Starting Date, a married Participant's
Vested Account Balance will be paid in the form of a Qualified Joint and Survivor Annuity and an unmarried
28
Participant's Vested Account Balance will be paid in the form of a Straight Life Annuity. The Participant Tn 1\
elect to have such annuity distributed upon the attainment of the Earliest Retirement Age under the Plan
17.03 Qualified Preretirement Survivor Annuity. If a Participant dies before the Annuity Starting Date, then
fifty percent (50%) of the Participant's Vested Account Balance shall be applied toward the putchase of an
annuity for the life of the Surviving Spouse; the remaining portion shall be paid to such Beneficiaries (which
may include such Spouse) designated by the Participant. Notwithstanding the foregoing, the Participant
may waive the spousal annuity by designating a different Beneficiary within the Election Period pursuant to a
Qualified Election. To the extent that less than one hundred percent (100%) of the vested Account balance is
paid to the Surviving Spouse, the amount of the Participant's Account derived from Employee contriburions
will be allocated to the Surviving Spouse in the same proportion as the amount of the Participant's Account
derived from Employee contributions is to the Participant's total Vested Account Balance. The Surviving
Spouse may elect to have such annuity distributed within a reasonable period after the Participant's death.
Further, such Spouse may elect to receive any death benefit payable to him/her hereunder in any of the lorms
available to the Participant under Section 11.02.
17.04 Notice Requirements.
(a) In the case of a Qualified Joint and Survivor Annuity as described in Section 17.02, the Plan Admin-
istrator shall, no less than thirty (30) days and no more than ninety (90) days prior to the Annuity
Starting Date, provide each Participant a written explanation of: (i) the terms and conditions of a
Qualified Joint and Survivor Annuity; (ii) the Participant's right to make and the effect of an election
to waive the Qualified Joint and Survivor Annuity form of benefit; (iii) the rights of a Participant's
Spouse; and (iv) the right to make, and the effect of, a revocation of a previous election to waive
the Qualified Joint and Survivor Annuity. However, if the Participant, after having received the
written explanation, affirmatively elects a form of distribution and the Spouse consents to that form
of distribution (if necessary), benefit payments may commence less than 30 days after the written
explanation was provided to the Participant, provided that the following requirements are mer:
(l) The Plan Administrator provides information to the Participant clearly indicating that the
Participant has a right to at least 30 days to consider whether to waive the Qualified Joint
and Survivor Annuity and consent to a form of distribution other than a Qualified Joint and
Survivor Annuity;
(2) The Participant is permitted to revoke an affirmative distribution election at least until the
Annuity Starting Date, or if later, at any time prior to the expiration of the 7 -day period that
begins the day after the explanation of the Qualified Joint and Survivor Annuity is provided
to the Participant;
(3) The Annuity Starting Date is after the date that the explanation of the Qualified Joint and
Survivor Annuity is provided to the Participant; and
(4) Distribution in accordance with the affirmative election does not commence before the
expiration of the 7 -day period that begins after the day after the explanation of the Qualified
Joint and Survivor Annuity is provided to the Participant.
(b) In the case of a Qualified Preretirement Survivor Annuity as described in Section 17.03, the Plan
Administrator shall provide each Participant within the applicable period for such Participant a wrir-
ten explanation of the Qualified Preretirement Survivor Annuity in such terms and in such manner
as would be comparable to the explanation provided for meeting the requirements of Subsection (a)
applicable to a Qualified Joint and Survivor Annuity.
The applicable period for a Participant is whichever of the following periods ends last: (i) the period
beginning with the first day of the Plan Year in which the Participant attains age thirty-two (32)
29
and ending with the close of the Plan Year preceding the Plan Year in which the Participant attains
age thirty-five (35); (ii) a reasonable period ending after the individual becomes a Participant; (iii) a
reasonable period ending after Subsection (c) ceases to apply to the Participant; (iv) a reasonable
period ending after this Article first applies to the Participant. Notwithstanding the foregoing, notice
must be provided within a reasonable period ending after separation from service in the case of a
Participant who separates from service before attaining age thirty-five (35).
For purposes of applying the preceding paragraph, a reasonable period ending after the enumerated
events described in (ii), (iii) and (iv) is the end of the two (2) year period beginning one (1) year
prior to the date the applicable event occurs, and ending one (1) year after that date. In the case of a
Participant who separates from service before the Plan Year in which age thirty-five (35) is attained,
notice shall be provided within the two (2) year period beginning one (1) year prior to separation and
ending one (1) year after separation. If such a Participant thereafter returns to employment with the
Employer, the applicable period for such Participant shall be redetermined.
(c) Notwithstanding the other requirements of this Section, the respective notices prescribed by this
Section need not be given to a Participant if (1) the Plan "fully subsidizes" the costs of a Qualified
Joint and Survivor Annuity or Qualified Preretirement Survivor Annuity, and (2) the Plan does not
allow the Participant to waive the Qualified Joint and Survivor Annuity or Qualified Preretirement
Survivor Annuity and does not allow a married Participant to designate a non-Spouse Beneficiary.
For purposes of this Subsection (c), a plan fully subsidizes the costs of a benefit if no increase in cost
or decrease in benefits to the Participant may result from the Participant's failure to elect another
benefit.
17.05 Definitions. For the purposes of this Section, the following definitions shall apply:
(a) Annuity Starting Date: The first day of the first period for which an amount is paid as an annuity or
any other form.
(b) Election Period: The period which begins on the first day of the Plan Year in which the Participant
attains age thirty-five (35) and ends on the date of the Participant's death. If a Participant separates
from service prior to the first day of the Plan Year in which age thirty-five (35) is attained, with
respect to the Account balance as of the date of separation, the Election Period shall begin on the date
of separation.
Pre-age thirty-five (35) waiver: A Participant who will not yet attain age thirty-five (35) as of the end
of any current Plan Year may make a special Qualified Election to waive the Qualified Preretirement
Survivor Annuity for the period beginning on the date of such election and ending on the first day of
the Plan Year in which the Participant will attain age thirty-five (35). Such election shall not be valid
unless the Participant receives a written explanation of the Qualified Preretirement Survivor Annuity
in such terms as are comparable to the explanation required under Section 17.04(a). Qualified
Preretirement Survivor Annuity coverage will be automatically reinstated as of the first day of the Plan
Year in which the Participant attains age thirty-five (35). Any new waiver on or after such date shall
be subject to the full requirements of this Article.
(c) Earliest Retirement Age: The earliest date on which, under the Plan, the Participant could elect to
receive retirement benefits.
(d) Qualified Election: A waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement
Survivor Annuity. Any waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement
Survivor Annuity shall not be effective unless: (a) the Participant's Spouse consents in writing to
the election; (b) the election designates a specific Beneficiary, including any class of Beneficiaries or
any contingent Beneficiaries, which may not be changed without spousal consent (or the Spouse
30
expressly permits designations by the Participant without any further spousal consent); (c) the
Spouse's consent acknowledges the effect of the election; and (d) the Spouse's consent 1S witnessed
by a Plan representative or notary public. Additionally, a Participant's waiver of the Qualified JOlr: I
and Survivor Annuity shall not be effective unless the election designates a form of benefit paymen t
which may not be changed without spousal consent (or the Spouse expressly permits designations hv
the Participant without any further Spousal consent). If it is established to the satisfaction of a Plan
representative that there is no Spouse or that the Spouse cannot be located, a waiver will be deemed a
Qualified Election.
Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse
may not be obtained) shall be effective only with respect to such Spouse. A consent that permits
designations by the Participant without any requirement of further consent by such Spouse must
acknowledge that the Spouse has the right to limit consent to a specific Beneficiary, and a specific
form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either Ot both of
such rights. A revocation of a prior waiver may be made by a Panicipant without the consent of the
Spouse at any time before the commencement of benefits. The number of revocations shall not be
limited. No consent obtained under this provision shall be valid unless the Participant has received
notice as provided in Section 17.04.
(e) Qualified Joint and Survivor Annuity: An immediare annuity for the life of the Participant with a
survivor annuity for the life of the Spouse which is fifty percent (50%) of the amount of the annuity
which is payable during the joint lives of the Participant and the Spouse and which is the amount of
benefit which can be purchased with the Panicipant's Vested Account Balance.
(f) Spouse (Surviving Spouse): The Spouse or Surviving Spouse of the Participant, provided that a former
Spouse will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as
the Spouse or Surviving Spouse to the extent provided under a qualified domestic relations order as
described in section 414(p) of the Code.
(g) Straight Lift Annuity: An annuity payable in equal installments for the life of the Panicipant that
terminates upon the Panicipant's death.
(h) Vested Account Balance: The aggregate value of the Panicipant's vested Account balances derived from
Employer and Employee contributions (including rollovers), whether vested before or upon death,
including the proceeds of insurance contracts, if any, on the Panicipant's life. The provisions of this
Anicle shall apply to a Participant who is vested in amounts attributable to Employer Contributions,
Employee contributions (or both) at the time of death or distribution.
17.06 Annuity Contracts. Where benefits are to be paid in the form of a life annuity pursuant to the terms of this
Anicle, a nontransferable annuity contract shall be purchased from a life insurance company and distributed
to the Participant or Surviving Spouse, as applicable. The terms of any annuity contract purchased and
distributed by the Plan shall comply with the requirements of this Plan and section 417 of the Code.
3]
DECLARATION OF TRUST
This Declaration ofT rust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company,
which declares itself to be the sole Trustee of the trust hereby created.
WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans
and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a
Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by
reference as set out below (the "ICMA Declaration"); and
WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81-
100,1981-1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Tide 35 of the New
Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation
and Qualified Plans held by and through the ICMA Retirement Trust.
NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established
with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the
ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions:
1. Incorporation ofICMA Declaration by Reference; leMA By-Laws. Except as otherwise provided in this Group
Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are
incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the
Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the
context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration
have the meanings assigned to them in the ICMA Declaration. In addition, the By-Laws of the ICMA
Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group
Trust to the extent not inconsistent with the terms of this Group Trust Agreement.
Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are further modified with
respect to the Group Trust created hereunder, as follows:
(a) any reponing, distribution, or other obligation of the Group Trust vis-a.-vis any Deferred
Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust
shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement
Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and
(b) all provisions dealing with the number, qualification, election, term and nomination of Trustees shall
not apply, and all other provisions relating to trustees (including, but not limited to, resignation
and removal) shall be interpreted in a manner consistent with the appointment of a single corporate
trustee.
2. Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81-100 are applicable to
the Group Trust as follows:
(a) Pursuant to the terms of this Group Trust Agreement and Article X of the By-Laws, investment in the
Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the
ICMA Retirement Trust.
(b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests
herein through the ICMA Retirement Trust.
(c) In accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs
to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes
other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to
benefits under such Plan.
(d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign dI)', "
pan of its equity Ot interest in the Group Trust, and any purported assignmenr of such equity 0'
interest shall be void.
3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including
the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be
construed and determined in accordance with applicable laws of the State of New Hampshire.
4. Judicia! Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate stare
or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the
determination of any question of construction which may arise or for instructions.
IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written.
VANTAGETRUST COMPANY
By et1J4
Name: Paul F. Gallagher
Title: Secretary
2
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3
ADMINISTRATIVE SERVICES AGREEMENT
Between
ICMA Retirement Corporation
and
City of Boynton Beach
Type: 401
Account #: 106737
. EXHIBIT
I 'I
I
Plan number) 06737
ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Services Agreement ("Agreement"), made as of the day
of , 2009 (herein referred to as the "Inception Date"), between the International
City/County Management Association Retirement Corporation ("ICMA-RC"), a
nonprofit corporation organized and existing under the laws of the State of Delaware, and
the City of Boynton Beach ("Employer"), a City organized and existing under the laws of
the State of Florida with an office at 1 00 East Boynton Beach Boulevard, Boynton Beach,
Florida 33425-0310.
RECIT ALS
Employer acts as a public plan sponsor for a retirement plan ("Plan") with
responsibility to obtain investment alternatives and services for employees participating
in that Plan;
VantageTrust (the "Trust") is a common law trust governed by an elected Board
of Trustees for the commingled investment of retirement funds held by various state and
local governmental units for their employees;
ICMA-RC acts as investment adviser to the Trust; ICMA-RC has designed, and
the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets
as referenced in the Trust's principal disclosure document, "Making Sound Investment
Decisions: A Retirement Investment Guide." ("Retirement Investment Guide").
The Funds are available only to public employers and only through the Trust and
ICMA-RC.
In addition to serving as investment adviser to the Trust, ICMA-RC provides a
complete offering of services to public employers for the operation of employee
retirement plans including, but not limited to, communications concerning investment
alternatives, account maintenance, account record-keeping, investment and tax reporting,
transaction processing, benefit disbursement, and asset management.
AGREEMENTS
1. Appointment ofICMA-RC
Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all
nondiscretionary functions necessary for the administration of the Plan with respect to
assets in the Plan deposited with the Trust. The functions to be performed by ICMA-RC
shall be those set forth in Exhibit A to this Agreement.
:2
Plan number 106737
2. Adoption of Trust
Employer has adopted the Declaration of Trust of Vantage Trust and agrees to the
commingled investment of assets of the Plan within the Trust. Employer agrees that
operation of the Plan and the investment, management, and distribution of amounts
deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended
from time to time and shall also be subject to terms and conditions set forth in disclosure
documents (such as the Retirement Investment Guide or Employer Bulletins) as those
terms and conditions may be adjusted from time to time. It is understood that the term
"Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative
Services Agreement.
3. Emplover Duty to Furnish Infonnation
Employer agrees to furnish to ICMA-RC on a timely basis such information as is
necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan,
including information needed to allocate individual participant accounts to Funds in the
Trust, and information as to the employment status of participants, and participant ages,
addresses, and other identifying information (including tax identification numbers).
ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished
to it by a responsible official of the Employer or any information relating to an individual
participant or beneficiary that is furnished by such participant or beneficiary, and ICMA-
RC shall not be responsible for any error arising from its reliance on such information.
ICMA-RC will provide account information in reports, statements or accountings.
Employer is required to send in contributions through EZLink, the online plan
administration tool provided by ICMA-RC. Alternative electronic methods may be
allowed, but must be approved by ICMA-RC for use. Contributions may not be sent
through paper submittal documents.
4. Certain Representations and Warranties
ICMA-RC represents and warrants to Employer that:
(a) ICMA-RC is a non-profit corporation with full power and authority to
enter into this Agreement and to perform its obligations under this
Agreement. The ability ofICMA-RC to serve as investment adviser to the
Trust is dependent upon the continued willingness of the Trust for ICMA-
RC to serve in that capacity.
(b) ICMA-RC is an investment adviser registered as such with the U.S.
Securities and Exchange Commission under the Investment Advisers Act
of 1940, as amended. ICMA-RC Services, LLC (a wholly owned
subsidiary ofICMA-RC) is registered as a broker-dealer with the U.S.
Securities and Exchange Commission ("SEC") and is a member in good
3
Plan number J 0673'"
standing with Financial Industry Regulatory Authority ("FINRA") and the
Securities Investor Protection Corporation ("SIPC").
(c) ICMA-RC shall maintain and administer the Plan in compliance with the
requirements for plans which satisfy the qualification requirements of
Section 401 of the Internal Revenue Code and other applicable federal
law; provided, however, ICMA-RC shall not be responsible for the
qualified status of the Plan in the event that the Employer directs ICMA-
RC to administer the Plan or disburse assets in a manner inconsistent with
the requirements of Section 401 or otherwise causes the Plan not to be
carried out in accordance with its terms; provided, further, that if the plan
document used by the Employer contains terms that differ from the terms
ofICMA-RC's standardized plan document, ICMA-RC shall not be
responsible for the qualified status of the Plan to the extent affected by the
differing terms in the Employer's plan document.
Employer represents and warrants to ICMA-RC that:
(d) Employer is organized in the form and manner recited in the opening
paragraph of this Agreement with full power and authority to enter into
and perform its obligations under this Agreement and to act for the Plan
and participants in the manner contemplated in this Agreement. Execution,
delivery, and performance of this Agreement will not conflict with any
law, rule, regulation or contract by which the Employer is bound or to
which it is a party.
(e) Employer understands and agrees that ICMA-RC's sole function under
this Agreement is to act as recordkeeper and to provide administrative,
investment or other services at the direction of Plan participants, the
Employer, its agents or designees in accordance with the terms of this
Agreement. Under the terms of this Agreement, ICMA-RC does not
render investment advice, is not the Plan Administrator or Plan Sponsor as
those terms are defined under applicable federal, state, or local law, and
does not provide legal, tax or accounting advice with respect to the
creation, adoption or operation of the Plan and the Trust.
(f) Employer acknowledges that certain such services to be performed by
ICMA-RC under this Agreement may be performed by an affiliate or
agent ofICMA-RC pursuant to one or more other contractual
arrangements or relationships, and that ICMA-RC reserves the right to
change vendors with which it has contracted to provide services in
connection with this Agreement without prior notice to Employer.
5. Participation in Certain Proceedings
The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to
join the Employer as a necessary party in all legal proceedings involving the garnishment
4
Plan number 106737
of benefits or the transfer of benefits pursuant to the divorce or separation of participants
in the Employer Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents
to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a
former spouse, current spouse, or child pursuant to a domestic relations order or child
support order.
6. Comoensation and Pavment
(a) Plan Administration Fee. The amount to be paid for plan administration
services under this Agreement shall be 0.55% per annum ofthe amount of
Plan assets invested in the Trust. Such fee shall be computed based on
average daily net Plan assets in the Trust.
(b) Mutual Fund Services Fee. There is an annual charge of 0.15% assessed
against average daily net Plan assets invested in the Trust's non-
proprietary funds of Vantage Trust.
(c) Compensation for Management Services to the Trust, Compensation for
Advisory and other Services to The Vantagepoint Funds and Payments
from Third-Party Mutual Funds. Employer acknowledges that in addition
to amounts payable under this Agreement, ICMA-RC receives fees from
the Trust for investment management services furnished to the Trust.
Employer further acknowledges that certain wholly owned subsidiaries of
ICMA-RC receive compensation for advisory and other services furnished
to The Vantagepoint Funds, which serve as the underlying portfolios of a
number of Funds offered through the Trust. The fees referred to in this
subsection are disclosed in the Retirement Investment Guide. These fees
are not assessed against assets invested in the Trust's Mutual Fund Series.
In addition, to the extent that third party mutual funds are included in the
investment line-up for the Plans, ICMA-RC may receive payments from
such third party mutual funds or their service providers, which may be in
the form of 12b-l fees, service fees, or compensation for sub-accounting
or other services provided by ICMA-RC on behalf of the funds.
(d) Redemption Fees. Redemption fees imposed by outside mutual funds in
which Plan assets are invested are collected and paid to the mutual fund by
ICMA-RC. ICMA-RC remits 100% of redemption fees back to the
specific mutual fund to which redemption fees apply. These redemption
fees and the individual mutual fund's policy with respect to redemption
fees are specified in the prospectus for the individual mutual fund and
referenced in the Retirement Investment Guide.
(e) Payment Procedures. All payments to ICMA-RC pursuant to this Section
6 shall be paid out of the Plan assets held by the Trust and shall be paid by
the Trust, to the extent not paid by the Employer. The amount of Plan
assets held in the Trust shall be adjusted by the Trust as required to reflect
5
Plan number 106737
such payments. In the event that the Employer agrees to pay amounts
owed pursuant to this section 6 directly, any amounts unpaid and
outstanding after 30 days of invoice to the Employer shall be withdrawn
from Plan assets held by the Trust.
The compensation and payment set forth in this section 6 is contingent upon the
Employer's use of ICMA-RC's EZLink system for contribution processing and
submitting contribution funds by ACH or wire transfer on a consistent basis over the
term of this Agreement.
7. Custody
Employer understands that amounts invested in the Trust are to be remitted directly to the
Trust in accordance with instructions provided to Employer by ICMA-RC and are not to
be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly
labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper
instructions.
8. Indemnification
ICMA-RC shall not be responsible for any acts or omissions of any person with respect
to the Plan or related Trust, other than ICMA-RC in connection with the administration
or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA-
RC harmless from, any and all loss, damage, penalty, liability, cost, and expense,
including without limitation, reasonable attorney's fees, that may be incurred by, imposed
upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or
litigation arising from any act done or omitted to be done by any individual or person
with respect to the Plan or related Trust, excepting only any and all loss, damage, penalty,
liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful
misconduct.
9. Term
This Agreement may be terminated without penalty by either party on sixty days advance
notice in writing to the other.
10. Amendments and Adjustments
(a) This Agreement may not be amended except by written instrument signed by the
parties.
(b) No failure to exercise and no delay in exercising any right, remedy, power or
privilege hereunder shall operate as a waiver of such right, remedy, power or
privilege.
6
Plan number 106737
(c) The parties agree that enhancements may be made to administrative and
operations services under this Agreement. The Employer will be notified of
enhancements through the Employer Bulletin, quarterly statements or special
mailings. Likewise, if there are any reductions in fees, these will be announced
through the Employer Bulletin, quarterly statement or special mailing.
11. Notices
All notices required to be delivered under Section 10 of this Agreement shall be delivered
personally or by registered or certified mail, postage prepaid, return receipt requested, to
(i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E.,
Suite 600, Washington, D.C., 20002-4240; (ii) Employer at the office set forth in the first
paragraph hereof, or to any other address designated by the party to receive the same by
written notice similarly given.
12. Complete Agreement
This Agreement shall constitute the complete and full understanding and sole agreement
between ICMA-RC and Employer relating to the object of this Agreement and correctly
sets forth the complete rights, duties and obligations of each party to the other as of its
date. This Agreement supersedes all written and oral agreements, communications or
negotiations among the parties. Any prior agreements, promises, negotiations or
representations, verbal or otherwise, not expressly set forth in this Agreement are of no
force and effect.
13. Titles
The headings of Sections of this Agreement and the headings for each of the attached
schedules are for convenience only and do not define or limit the contents thereof.
14. Incorporation of Schedules
All Schedules (and any subsequent amendments thereto), attached hereto, and referenced
herein, are hereby incorporated within this Agreement as if set forth fully herein.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, applicable to contracts made in that jurisdiction without reference to its
conflicts of laws provisions.
7
IcMkRC
BuildmgRmnmlmt &wriIy
Governmental Money Purchase Plan & Trust
Employer Plan Adoption Booklet
This is one of two booklets containing information to establish your
Governmental Money Purchase Plan & Trust with the lCMA-RC.
Please return the following documents to lCMA-RC:
1. Completed Resolution.
.
Use the ICMA-RC Suggested Resolution enclosed, or
.
Complete your own Resolution. If you are using your own Resolution,
please have it reviewed by ICMA-RC prior to passage.
2. Adoption Agreement. Complete all sections of the Agreement and execute. If you
are utilizing an Individual Designed Plan Document, please provide a current
copy of the document including amendments and a Letter of Determination as
provided by the IRS.
3. Implementation Data Form. Complete all sections.
4. EZ Link Access Form.
5. 401/457 Online Options Form
6. Loan Guidelines (if applicable). This form is contained in the 401/457 Loan
Packet.
7. Signed Administrative Services Agreement.
Once you are ready to begin completing this information, please contact
your New Business Unit Analyst, toO-free at 1-800-326-7272 for assistance.
RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A MONEY PURCHASE PLAN
RESOLUTION OF
(EMPLOYER NAME).
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and
funds for their beneficiaries in the event of death; and
WHEREAS, the Employer desires that its money purchase retirement plan be administered by ICMA-RC and that the funds
held in such plan be invested in the VantageTrust, a trust established by public employers for the collective investment of funds
held under their retirement and deferred compensation plans:
NOW THEREFORE BE IT RESOLVED that the Employer hereby establishes or has established a money purchase retirement
plan (the "Plan") in the form of: (Select one)
o The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions
of the Adoption Agreement (executed copy attached hereto).
o The Plan and Trust provided by the Employer (executed copy attached hereto).
The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of Vantage Trust. and attached
hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan
subsequently established by the Employer. if the assets of the plan are to be invested in the VantageTrust.
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held
under the Plan in the VantageTrust; and
BE IT FURTHER resolved that the (use title of official, not
name) shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the
VantageTrust; shall cast, on behalf of the Employer, any required votes under the VantageTrust; may delegate any administrative
duties relating to the Plan to appropriate departments; and
BE IT FURTHER RESOLVED that the Employer hereby authorizes (use title not name) to execute all
necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan.
, do hereby certify that the foregoing
, was duly passed and adopted
at a regular meeting thereof assembled
, 200 _, by the following vote:
1, , Clerk of the (City, County, etc.) of
resolution proposed by (Council Member, Trustee, etc.) of
by the (Council, Board, etc.) ofthe (City, County, etc.) of
this day of
AYES:
NAYS:
ABSENT:
(SEAL)
Clerk of the (City, County, etc.)
ICMA-RC. P. O. Box 96220 · Washington, DC 20090-6220. 1-800-326-7272
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
PLAN NUMBER 10-
The Employer hereby establishes a Money Purchase Plan and Trust to be known as ___________________
________________(the "Plan") in the form of:
. The lCMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific [906)
provisions of the Adoption Agreement (executed copy attached hereto).
. The Plan and Trust provided by the Employer (executed copy attached hereto).
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
Yes No
If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and
restates:
I.
Employer: __________________________
[902)
II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the
Plan, unless an alternate Effective Date is hereby specified: ___________________ (e.g.,
January 1, 2006 for the MPP 01/01106 Plan)
III. Plan Year will mean:
) The twelve (12) consecutive month period which coincides with the limitation year. (See Section
5.03 (f) of the Plan.)
) The twelve (12) consecutive month period commencing on ___________ and each anniversary
thereof.
IV.
Normal Retirement Age shall be age ____ (not to exceed age 65).
[288]
V. ELIGIBILITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate in the Plan:
All Employees
All Full Time Employees
Salaried Employees
Non union Employees
Management Employees
Public Safety Employees
General Employees
Other (specify below)
The group specified must correspond to a group of the same designation that is defined in the statutes.
ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the
Employer. __________. _________________ _____ _____
MPP Adoption Agreement 1/30/200(,
2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for
participation. The required Period of Service shall be (write N/A if an Employee
is eligible to participate upon employment).
If this waiver or reduction is elected. it shall apply to all Employees within the Covered Employment
Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age
requirement is __ (not to exceed age 21. Write N/A if no minimum age is declared.)
VI. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose all that apply):
) Fixed Employer Contributions With Or Without Mandatory Participant Contributions.
A. Fixed Employer Contributions. The Employer shall contribute on behalf of each Participant
__% of Earnings or $__ for the Plan Year (subject to the limitations of Article V
of the Plan). Mandatory Participant Contributions
are required
are not required
to be eligible for this Employer Contribution.
B. Mandatory Participant Contributions for Plan Participation. A Participant is required to
contribute (subject to the limitations of Article V of the Plan)
(i) ___ % of Earnings,
(ii) $ . or
(iii) a whole percentage of Earnings between the range of (insert range of
percentages between 0% and 20% (e.g.. 3%, 6%. or 20%; 5% to 7%)). as designated by
the Employee in accordance with guidelines and procedures established by the Employer
for the Plan Year as a condition of participation in the Plan. A Participant shall not have the
right to discontinue or vary the rate of such contributions after becoming a Plan Participant.
The Employer hereby elects to "pick up" the Mandatory Participant Contributions.!
Yes
No
[621 ]
( ) Fixed Employer Match of Voluntary Participant Contributions.
The Employer shall contribute on behalf of each Participant __ % of Earnings for the Plan Year
(subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has
contributed __ % of Earnings or $_. Under this option, there is a single. fixed rate of
Employer contributions. but a Participant may decline to make the required Participant contributions
in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in
that Plan Year.
( ) Variable Employer Match Of Voluntary Participant Contributions.
MPP Adoption Agreement 1/30/2006
2
The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to
the limitations of Article V of the Plan):
___ % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not
including Participant contributions exceeding ___ % of Earnings or $ ______J;
PLUS ___ % of the contributions made by the Participant for the Plan Year in excess of those included
in the above paragraph (but not including Voluntary Participant Contributions exceeding in the
aggregate __ % of Earnings or $ ________).
Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $_______
or ___% of Earnings, whichever is ___ more or __less.
2. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of
Section 4.05 and Article V of the Plan.
Yes
No
3. Employer contributions shall be contributed to the Trust in accordance with the following payment schedule:
4. Participant contributions shall be contributed to the Trust in accordance with the following payment schedule:
VII. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
Yes
No
(b) Bonuses
Yes
No
(c) Other
VIII. The Employer will permit rollover contributions in accordance with Section 4.09 of the Plan.
Yes
No
3
MPP Adoption Agreement 1/30/2006
IX. LIMITATION ON ALLOCATIONS
If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or
was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all
such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of
the Plan).
1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer,
the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated
below.
( ) Other Method. (Provide the method under which the plans will limit total Annual Additions to the
Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes
Employer discretion.)
2. The limitation year is the following 12 consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements
and (2) the concurrence of the Plan Administrator.
Years of
Service
Completed
Percent
Vested
Zero
One
Two
Three
Four
Five
Six
Seven
Eight
Nine
Ten
%
%
%
%
%
%
%
%
%
%
%
XI. Loans are permitted under the Plan, as provided in Article XIII:
Yes
No
XII. Age 70-1/2 in-service distributions are permitted under the Plan as provided in Section 9.08.
Yes
No
XIII. In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.07.
Yes
No
[234-239]
[751]
[646:8]
[646:7]
MPP Adoption Agreement 1/30/2006
4
XIV. SPOUSAL PROTECTION
The Plan will provide the following level of spousal protection (select one):
A. Beneficiary Spousal Consent Election (Article XII). If selected, participants may elect any of [642:8]
the available distribution options without spousal consent. Upon death, the surviving spouse is the
Beneficiary, unless he/she consented to the Participant's naming of another Beneficiary.
B. Q]SA Election (Article XVII). If selected, the normal form of payment of benefits under the [646:6]
Plan is a qualified joint and survivor annuity with the spouse (or life annuity, if single). In the
event of the Participant's death prior to commencing payments, the spouse will receive an annuity
for his/her lifetime.
C. Participant Directed Election. If selected, participants may elect any of the available distribution
options without spousal consent. The Participant can name any person(s) as the Beneficiary(ies)
of the Plan, without spousal consent.
XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one
or more units of state or local government.
XVI. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant
[0 Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan.
XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the
terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY
PURCHASE PLAN & TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may
result in disqualification of the Plan.
XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that
the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS
revenue procedures and other official guidance.
In Witness Whereof, the Employer hereby causes this Agreement [0 be executed on this ___ day of
________________,200________.
EMPLOYER
ICMA RETIREMENT CORPORATION
777 North Capitol St., NE
Washington, DC 20002-4240
202-962-8096
By:
By:
Tide:
Tide:
Attest:
Attest:
---.-- --. ------~---_._-_..
5
MPP Adoption Agreement 1/30/2006
401 Qualified Plan
Implementation Data Form
Please ensure that each section of this form is completed before returning it to ICMA-RC along with the other
adoption materials. You may contact ICMA-RC's Client Services team at 1-800-326-7272 if you have questions.
The following list of designations should help you complete the Implementation Data Form:
5. Primary Contad
This person is responsible for the day-to-day administration and processing of plan transactions. This is the person
we call if general questions arise concerning your ICMA-RC account.
16. Disbursement/Loan
This personlsl will be responsible for signing disbursement and loan withdrawal forms, authorizing any disbursement or
loan transactions, and answering questions pertaining to disbursements and loans. This should be a person Is) of au-
thority. Also, the person's signature should be placed in the appropriate section of this form for our reference purposes.
19. Contribution/EZ Unk Contact
This person is responsible for sending contributions to RC. If there are discrepancies in the wire amount and the
corresponding backup, this is the person we will contact to resolve the issue. This person should have access to all
payroll/contribution information to ensure efficient processing of contributions. Confirmations for each contribution
received are sent to this individual.
20. Quarterly Statement
This person will receive all quarterly statements.
21. Plan Coordinator
The title of this person is designated in the resolution. If a different person obtains the same title, you may use this
form to update the name change. You must have your legislative body pass a new resolution to update the title of
the person designated as plan coordinator.
22. Billing (Fees)
If RC charges any employer paid fees to your account, this person will receive the invoices.
A
ICMARC
401 Qualified Plan Implementation Data Form - Page 1 of 4
Instructions to Employer: Provide necessary information to establish your plan properly.
Please contact your New Business Unit Analyst at 1-800-326-7272, then press "0" for your plan number if you
have any questions.
Building Retiremmt Security
ICMA-RC Use Only: Employer # 10
General 2. (902) Employer's Full Name:
Information 3. (924) Street Address:
(925)
4. (91B) City:
(919) State: (920) Zip Code:
5. (633) Primary Contact:
6. (634) Primary Contact Title:
7. (631) Primary Contact Telephone #: (_l
B. (632) Fax #: (_)
9. (BB2) Employer's Federal Tax Identification Number:
Plan 10. (611) Contribution information (See "Importont Contribution Information" later in this book)
Implementation a. Frequency: (check one) 0 (0) Bi-weekly 0 (4) Monthly 0 (B) Semi-quarterly
Information
0 (1) Weekly 0 (5) Semi-monthly 0 (9) Bi-annually
0 (2) Semi-weekly 0 (6) Bi-quarterly 0 (10) Annually
0 (3) Bi-monthly 0 (7) Quarterly .:. (11) Semi-annually
b. Deposit Medium: (624) 0 Wire 0 ACH
11. First Contribution Date Following Implementation:
12. Number of Eligible Employee: Expected Number of Participants:
Instructions - Use the Vantagepoint Funds Brochure or sheet to complete this section.
Default Default fund for Investment Allocations:
Investment
Option The default fund will be used if a participant does not provide valid allocation instructions (Le., no allocation is provided, the allocation
percentages do not total 100%, or one or more funds that are not available to the plan are selected).
If you do not make an election in this section, the Milestone Fund with the target date dosestto a participant's 60th birthday will be used
as your plan's default option.
You may select the "Custom Default" option if you would like to use a fund (or funds) other than the Milestone Funds as your plan's
default option. Please see ICMA-RC's Standard plan Fund lineup at www.icmarc.org to complete this section.
Note: Prior to selecting the UCustom DefaultU option, employers should carefully review the Department of labor's
final regulations on qualified default investment alternatives (QDIAs). More information is available online at
www.dol.gov or www.icmarc.org/ppa.
(continued on the following page)
A
IcMARC
401 Qualified Plan Implementation Data Form - Page 2 of 4
BuilJing Retirnnmt S<<urity
ICMA-RC Use On~: Employer # 10
Default
Investment Default Fund for Investment Allocations (Seled one option):
Option 0 The Milestone Funds (Default) with a target retirement age of:
Continued
0 Age 60 (Defauk)
0 Age _ (input the Target Retirement Age to be used for your plan)
0 Custom Defauk (list the fund name(s) and percentages that will be used as the plan's defauk investment option):
Fund Name Percentage
Primary Contact PIAN CONTAOS
Information 13. PlOO
(200) Primary Contad Name/frtle:
(422) Email Address:
Disbursement / 14. Pl01 Contad Signature:
Loan Contact (200) Contad Name/frtle:
Information (420) Telephone: (_) (421) Fax:(_)
Please indicate 15. Pl08 Contad Signature:
alternate addresses (200) Contad Name/frtle:
in Comments Sedion (420) Telephone: (_) (421) Fax:(_)
on Page 3
16. PT09 Contad Signature:
(200) Contad Name/frtle:
(420) Telephone: ( ) (421) Fax:( )
Contribution/ 17. PT02 (200) Contad Name/frtle:
EZUnk Telephone: (_)
Contact (420) (421) Fax:(_)
Information Does the EZlink Contad initiate ACH/wire for payroll? o Yes o No
If NOI please provide ACH/wire contad information:
Name/fitle: Telephone: (_)
flUnk Is ICMA-RC's stllndllrd contribution d.tllH s""'mllry formllt. P'.lIse CIImpl.t. IInd ,.turn th. flUnk Acc.ss Form. You mllst also comp,.t.
II successful flUnk test before your first cOfltrlblltlon Clift be submitted.
A
ICMARC
401 Qualified Plan Implementation Data Form - Page 3 of 4
Building Rttirmunt Security
ICMA-RC Use Only: Employer # 10
Quarterly
Statement 1 B. PT04 (200) Contact NameJrltle:
Contact (420) Telephone: (_) (421) Fax:(_l
Information
If this Slctlon Is not completed, the Primary Contact wiD receive maHings.
Plan 19. PTOS (200) Contact Nome:
Coordinator Contact Title:
Contact Nate: Changing this title requires an amendment to your resolution.
Information
(420) Telephone: (_) Fox:(_)
Bilhng (Fees) 20. PT06 (200) Contact Name/Title:
Contact
Information (420) Telephone: (_) (421) Fax:(_l
Comments:
(Alternative
AcJdresses for
#14-20
Plan Asset 24. Will there be 0 transfer of assets to ICMA-RC from your current administrator?
Transfer
Information DYes D No
How many participants will be eligible to transfer assets to ICMA-RC?
What is the estimated cash value of the assets to be transferred to ICMA-RC? S
Your New Business Unit Analyst will contact you to discuss the process regarding the transfer of assets. ICMA-RC will work with the
prior administrator and your local Retirement Plans Specialist to coordinate the transfer of assets in 0 timely manner.
25. Does your plan hove 0 co-provider relationship*?
DYes D No
A
IcMARC
401 Qualified Plan Implementation Data Form - Page 4 of 4
Building Retirement Sent,;ty
(CMA-RC Use Only: Employer # 10
Co-Provider If yes, please provide the co-provider information:
Information
Nome of Co-Provider(s):
Co.Provider 1 :
Address:
Street
City State Zip Code
Phone Number
Co-Provider 2:
Address:
Street
Gty State Zip Code
Phone Number
"This information is required for the accurate record keeping of plan assets.
Internal Use Only
641 =
912 =
A
ICMARC
EZLlNK ACCESS FORM INSTRUGIONS
9' Link
~-
Building Retiremmt Security
Who should use the EZLink Access form?
Plan Sponsors who would like to receive an EZLink User 10 and password for the first time and those who would like to
change the access on a particular User 10.
1 Please provide the name of the person at your plan who is designated as the plan coordinator. This person
Plan Coordinator should also authorize access at the end of this form. If you want to verify your current plan coordinator,
Information please call our Client Services Team at 1-800-326-7272 between 8:30 a.m. and 7:30 p.m. Eastern Time.
2 Select this option to adopt online withdrawals.
Adoption of Online
Withdrawal Approval
3 We will use the information that you provide in this section to establish EZLink User ID's and pass-
words for additional members of your staff.
Password Holder If this is a change, please make sure to enter the staff members current User 10.
Information
To reassign this User ID to a new staH member, please provide the new users password holder infor-
mation including their level of access.
To update the current password holder's information, enter the new information.
To remove this User ID, check the "Delete User 10" box. This will remove all information currently on
file for this User 10 and make it available for future use.
Inquiry Balances/Reports: access plan and participant level information, including balances
and investment allocations and view reports
Enrollments/Rehires: enroll or rehire a participant online
Parlicipant Changes~ update participant information such as name, address, marital status, title,
phone number
Contribution & Loan process contributions and loan repayments online using a prior payroll
Repayments Detail: or submit pre-formatted files (in ICMA-RC format)
Parlicipant Data Transfer: submit a preformatted participant demographic change file (in ICMA-RC
format) which includes enrollments, participant updates and view a
customized data verification report.
4 Please have the plan coordinator sign and date this EZLink Access Form. I
plan Coordinator Approval I
Minimum System C9 Netscape Navigator Version 6.1, OR Microsoft Internet Explorer 5.0
Recommendations C9 128 Bit Encryption
C9 High speed Internet access or minimum 56K modem
C9 Pentium class PC
C9 Windows NT, 1995 or later
OTHER SYSTEMS ARE NOT RECOMMENDED
Please fox your completed EZUnk Access Form to the "EZUnk Administrator" at 1-202-962-4601
FRMOOO-019.20050B
A
ICMARC
EZLlNK ACCESS FORM - PAGE 1 OF 2
9- Link
~
Building Rmrtmmt S<<urity
Plan Name'"
Number'"
Other Plan Number(s) (If Applicable)
(NThis information must be completed to avoid processing delays.)
1 Plan Coordinator Name: Title:
Plan Coordinator Phone Number: Fax:
Information Email Address:
Mailing Address:
City: State: Zip:
2 0 We hereby adopt Online Withdrawals and authorize ICMARC to permit disbursements from participant accounts upon
Adoption of 0nIne receipt of terminafion dates. Additionally, we understand Online Withdrawals are only available for 401 and 457 plans,
WIIhdrawaI termination dates should be submitted in a timely manner, and employer approval is not required for individual disbursement
Approval requests. (Note: Please contact an EZUnk Specialist at 1-800-326-7272, for informafion on submitting terminafion dates.)
3 Seled One: o Add New User 10 o Reassign User 10 o Update User 10 o RemoYe User 10
Password Name: Current User ID:
Holder Title:
Information Phone #: Email Address:
You must provide Access:
the "Password Inquiry-Balances & Reports - y - N Contributions & loan Repays - y - N
Holder Informa- Enrollments/Rehires - y - N Participant Data Transfer: - y - N
tion" 10 establish Participant Changes - y - N
User ID's and (name, address, etc.)
passwords for Seled One: o Add New User 10 o Reassign User 10 o Update User 10 o RemoYe User 10
additional Name: Current User ID:
members of Title:
your staR Phone #: Email Address:
Access:
Inquiry - Balances & Reports - y - N Contributions & loan Repays - Y _N
Enrollments/Rehires - y - N Participant Data Transfer: - Y - N
Participant Changes - y - N
(name, address, etc.)
Seled One: o Add New User 10 o Reassign User 10 o Update User 10 o RemoYe User 10
Name: Current User ID:
Title:
Phone #: Email Address:
Access:
Inquiry - Balances & Reports - Y - N Contributions & loan Repays - Y - N
Enrollments/Rehires - Y - N Participant Data Transfer: - Y - N
Participant Changes - y - N
(name, address, etc.)
Please fox your completed EZlink Access Form to the "EZlink Administrator" at 1-202-962-4601.
FRMOOO-O 19-200508
A
ICMARC
EZlINK ACCESS FORM - PAGE 2 OF 2
Ii7' Link
~-
Builtling RetirNnent Security
3 Select One: o Add New User 10 o Reassign User 10 o Update User 10 o Remove User 10
Password Holder Name: Current User ID: ._-
Information -
Title:
(continued) Phone #: Email Address:
Access:
Inquiry - Balances & Reports - Y - N Contributions & Loan Repays -- y - N
Enrollments/Rehires - Y - N Participant Data Transfer: ---.-. y --.- N
Porticipant Changes - Y - N
(name, address, etc.)
Select One: o Add New User 10 o Reassign User 10 o Update User 10 o Remove User 10
Name: Current User ID:
-
Title: -
Phone #: Email Address:
Access:
Inquiry - Balances & Reports - y - N Contributions & Loan Repays -- y -.- N
Enrollments/Rehires - y - N Participant Data Transfer: -- y .- N
Participant Changes - Y - N
(name, address, etc.)
ICMA-RC considers participant information to be highly confidential, and we go to great lengths to avoid
4 breaching that confidentiality. For this reason, ICMA-RC cannot be responsible for (i) negligent or intentional
Plan Coordinator misuse of the password by the municipality's officers, employees, agents or contractors, (iij a breach of con-
Approval fidentiality that may occur as a result of such negligent or intentional misuse of the password, or (iii) 0 breach
(Plan coordinator of confidentiality that may occur as a proximate result of the municipality's access to the participant database.
If the municipality uses EZLink online transaction processing, please remember to review all financial informa-
User ID and tion you have entered for your participants, as ICMA-RC is not responsible for incorrect data transmitted by the
password
automatically municipality. ICMA-RC recommends that you encourage all participants to review statements and confirmations
generated.) for accuracy.
ICMA-RC's Web site is normally available 24 hours a day, seven days a week. However, service availability is
not guaranteed. Neither ICMA-RC or its affiliates, the VantageTrust Company, nor The Vantagepoint Funds will
be responsible for any loss (or forgone gain) you may incur as a result of service being unavailable.
Please signify your agreement to these terms by signing in the space indicated below. You may fax this signed form
to the EZUnk Administrator at 1-202-962-4601. We will provide you with User ID(s) and Password(s) to begin using
EZLink. Should you have questions regarding EZLink, please contact an EZLink Specialist at 1-800-326-7272.
Agreed: Date:
Plan Coordinator
Print Your Name I
I
Please fax your completed EZUnk Access Form to the "ElUnk Administrator" at 1-202-962.4601.
fRMOOO-019.20050'
A
IcMARC
BuilJinK Reti......mt Security
401/457 Online Options Form Instructions
Please indicate your desired election for all four of the features shown on the form before returning it to leMA-Re.
You may contact the New Business Analyst at 1-800-326-7272 if you have questions.
The following information should assist you with selecting the appropriate options for your Plan(s):
1. Online deferral changes will be made available to the plan:
With this option, you can allow participants to enter deferral changes through Account Access. The change
should take effect for the first pay period in the month following the month that the election is made.
2. Beneficiary information will be displayed online so that it can be viewed and updated:
With this option, you can enable participants (through Account Access) and employers (through EZLink) to view
and update beneficiary information online. Both primary and contingent beneficiary information will be dis-
played.
Please note: We are unable to make this option available within EZLink without also making it available within
Account Access.
3. Beneficiary information will be displayed on participant statements:
Participant beneficiary information will be displayed on the participant's quarterly account statements. Both
primary and contingent beneficiary information will be displayed.
4. Online withdrawals will be made available to the Plan:
With this option, you can enable participants to request withdrawals online.
Please note: Termination dates should be submitted via EZLink in a timely manner, and further employer approval
is not required for individual disbursement requests. Online Withdrawals are for installments, partial and lump
sum payments made directly to the participant. The Online Withdrawal system does not establish outgoing
rollovers to other plan providers.
Please fax the completed form to the attention of the New Business Unit at 202-962-4601.
Ac'
ICMAR
401/457 ONLINE OPTIONS FORM
Building R.rirement Security
This form allows you to establish the following features for your plan(s):
(1) Online deferral changes
(2) View and update beneficiary information online
(3) Display beneficiary information on participant account statements
(4) Online withdrawal requests
Please fax the completed form to the attention of the New Business Unit at 202-962-4601.
Plan Number:
D Make these changes to all of our 401/457 plans
Plan Name:
1. Online deferral changes will be made available to the plan:
DYES
D
NO
This plan allows (select all that apply): D Pre-Tax Deferrals
D After-Tax Deferrals
Pre-tax deferrals:
Minimum %
Maximum %
(Please enter whole percentages only)
Minimum $
Maximum $
(Please enter whole dollars only)
After-tax deferrals:
Minimum %
Maximum %
(Please enter whole percentages only)
Minimum $
Maximum $
(Please enter whole dollars only)
2. Beneficiary information should be displayed online so that it can be viewed and updated:
DYES
D
NO
3. Beneficiary information should be displayed on participant statements:
DYES
D
NO
4. Online withdrawals will be made available to the Plan:
D
YES
D
NO
Employer Authorization:
Date:
Plan Coordinator
Print Name
ICMA-RC Use Only:
Form Rec'd by:
Date:
IMPORTANTI
PLEASE READ THIS DOCUMENT PRIOR TO
SUBMITTING YOUR FIRST PAYROLL TO ICMA-RC
Frequently Asked Questions about submitting Payrolls to ICMA-RC
What is EZLink7
EZLink is ICMA-RC's secure internet-based software that allows you to submit payroll and enrollment information
to ICMA-RC. Additionally, you can access reports about your plan's activity using EZLink.
How do I get started using EZLink7
Enclosed are several items that you will need to begin submitting contributions to the ICMA Retirement Corpora-
tion (RC) including:
. EZLink Information and Access Form - Complete this form to assign a payroll, wire/ACH contact and issue
passwords for inquiry only mode.
. Processing Policies for Contribution and Loan Repayments - Describes processing cutoff and ICMA-RC's
"good order" policy
. ACH and wire instructions for 401, 457, IRA, and RHS plans
Follow this checklist of steps to submit your payroll via EZLink
V Complete the EZLink Form and return to the New Business Unit Analyst in the envelope provided.
V Be sure to provide the first date you anticipate sending a payroll contribution to ICMA-RC. (Plan Data
Implementation Form in "Return Booklet")
V Complete a test file with ICMA-RC prior to submitting your first payroll. Your payroll contact will be
called upon receipt of the EZLink Application to coordinate a test as well as discuss the features of
EZLi n k.
V Review the Wire/ACH instructions with the appropriate contact. Your payroll contact may not be the per-
son who transmits wires to ICMA-RC.
V Make sure you use the correct plan number and plan sources in EZLink based on your plan. Each plan
has a distinct plan number. If you have a question regarding a specific plan number, please contact
ICMA-RC for confirmation.
V Make sure you are using the correct format for each plan. Note that 401, IRA and RHS plans have
slightly different formats than 457 plans.
V Enroll participants in the plan prior to submitting your first payroll.
You are now ready to submit payroll contribution and loan repayments to ICMA-RCI
What if I cannot use EZLink7
In order to reduce cost and processing errors, ICMA-RC's policy is that clients use EZLink. Additional fees are as-
sessed to individual 401 & 457 participant accounts for Employers who do not utilize EZLink. (See Appendix 1 for
a description of fees). It is required that employers use EZLink for all IRA and RHS accounts.
Please note the "Processing Policies for Contributions and Loan Repayments" included in this packet. It is very
important that your contribution detail is received in good order to ensure accurate, efficient processing of your
data.
lips to prevent delays in payroll processing
. Ensure that all participants are enrolled at ICMA-RC prior to submitting a payroll contribution.
. Ensure you complete a test file successfully prior to submitting your first payroll.
. For loan repayments, please ensure that loan numbers are properly entered.
. Ensure that your plan number is correct. If you have multiple plans at ICMA-RC, this is particularly im-
portant.
. Ensure that you use the correct payroll format within EZLink. The 401/457 formats cannot be used for
IRA and RHS payrolls.
CONTRIBUTION SUBMITTAL INSTRUCTIONS
To avoid mailing delays associated with checks, ICMA-RC recommends that employers use either ACH or Wire to
transmit funds for payroll contribution and loan repayment files. Below are the instructions for submitting funds to
ICMA-RC for crediting to participant accounts. This information has been provided to ensure timely processing of
your plan's contributions to the Vantagepoint Transfer Agents. In order to process your contributions quickly and
accurately, ICMA-RC has separate and distinct banking and mailing instructions for each of your plans. Please use
the chart below to identify the correct information for your specific plan when submitting contributions to us. As
each address is different, please do not combine separate plan contributions in the same mailing.
Plan Wires ACH
457 M & T BANK M & T BANK-457
ABA#: 022000046 ABA#: 052000113
Vantagepoint Transfer Agents - 457 Account#: 42538001
Account#:42538001 Ppt 10: 30XXXX (Plan #)
OBI: 30XXXX {Plan #}
-
401 M & T BANK M & T BANK-401
ABA#: 022000046 ABA#: 052000113
Vantagepoint Transfer Agents - 401 Account#: 42537981
Account#: 42537981 Ppt 10: 10XXXX (Plan #)
OBI: 10XXXX {Plan #}
*IRA M & T BANK M & T BANK
ABA#: 022000046 ABA#: 052000113
Vantagepoint Transfer Agents Account#:89559029
Account#:89559029 Ppt 10: 70XXXX (plan #)
OBI: 70XXXX (Plan #)
--
RHS M& T BANK M & T BANK
ABA#: 022000046 ABA#: 052000113
Vantagepoint Transfer Agents Account#:89559029
Account#:89559029 Ppt 10: 80XXXX (Plan #)
OBI: 80XXXX {Plan #}
*Payroll Oeduction or Sidecar IRA
Note: If your contribution is sent to any address other than the one specified for each plan above, it will delay the investment
of your contribution.
Wire and ACH information
WIRES AND ACH:
You must include your plan number where XXXX is reflected above to ensure timely processing.
It is extremely important that your participant detail breakdown be received no more than 2 business days prior to
or at the same time as your remittance, when using the wire or ACH methods. Oetail received after the receipt of
funds will be credited upon receipt of conforming detail.
If you have any questions regarding these instructions, please contact a New Business Unit Analyst at 1-800-326-
7272.
CONTRIBUTION SUBMITTAL TIMING
Participant accounts will receive credit if contributions and detail are received by ICMA-RC in "good order" before
4:00 p.m. Eastern Time as of the date of deposit at M & T Bank if that day is a business day. (See below for infor-
mation regarding early closings.) Crediting the contribution to participant accounts will be delayed by the length
of time it takes for delivery by mail or overnight service.
Wire transfer is a faster method of sending contributions and can result in more timely investment for your em-
ployees. It can provide same-day receipt, avoiding the possibilities of delays or loss through the mail. In order to
ensure same-day receipt, wire transfers should be executed by 1:00 p.m. Eastern Time to allow three hours for the
wire or ACH transmission to clear the Federal Reserve.
EARLY CLOSINGS:
Please keep in mind that the ICMA Retirement Corporation (ICMA-RC) follows the New York Stock Exchange
(NYSE) closing schedule with respect to trades and investment allocations. If the NYSE is closed, ICMA-RC will
also be closed. Therefore, no contributions will be processed on that day. In addition, at times, the market may
close early. Transactions will not be allowed after the early close on that day.
It is especially important to consider the early stock market closing when sending your retirement plan contribu-
tions. If you normally send your plan contributions by wire, please keep in mind that it may take up to four hours
from the time you initiate the wire for it to arrive at the receiving bank. You may wish to initiate your wire a day
early - on the previous business day - in order to meet the early close deadline.
Specific information regarding early closings is available on EZLink.
Please return the following documents in the enclosed envelope or mail to:
ICMA-RC
Aftn: New Business Unit Analyst
777 North Capitol Street, N.E.
Washington, DC 20002-4240
o Completed Resolution
o Completed Adoption Agreement
o Signed Administrative Services Agreement
o Implementation Data Form
o loan Guidelines (if applicable)
o Completed EZ link Access Form
o Completed 401/457 Online Options Form
If you have not received all of these documents, please notify your
New Business Unit Analyst at 1-800 326-7272 immediately.
-
NOTICE REGARDING
DEFAULT INVESTMENTS
ICMARC
Building Retirement Security
You have the right to direct the investment of assets in your account to any of the investments
offered under your plan, at no additional cost to you. Use your plan's enrollment form to provide allocation
instructions for the investment of contributions to your account. After completing the enrollment process, you may
provide allocation instructions, or change the election made on your enrollment form, by contacting ICMA-Res
Investor Services toll-free at 800-669-7400, or online using Account Access at www.icmarc.org.
In the absence of valid allocation instructions for your account, all assets will be invested in the
default fund selected by your employer until additional instructions ore received from you. More information
regarding the default fund selected by your employer is available by contacting ICMA-RC's Investor Services.
Increase your chances of achieving your retirement savings goals by giving careful consideration
to the benefits of a well-balanced and diversified portfolio. Spreading your assets among different types of
investments can help you achieve a favorable rate of return, while minimizing the risk of losing money in your
retirement account. Although diversification is not a guarantee against loss, it can be an effective strategy to help
manage investment risk.
Additional information regarding the investment options available to your plan, including the
default fund chosen by your employer, is available by contacting ICMA-RC's Investor Services toll-free at
800-669-7400, Monday through Friday from 8:30 a.m. to 9:00 p.m. Eastern time.
Please consult both the cunnlt applicable pmspectus alld Making Sound J nvestmcnt Decisions: A Retirement Investment Guide carefitl{y fOr a complete
summary ofrdl fies, expenses. charges, financial highlights, investmmt objectives, ri,rks and perflrmal1(( infOrmrlt/on. 111111',rtorJ should eonsider the Funds IIWtsl>>1t,,;
objectives. risks, charges and expenses befOre investing or sending money. The prospectus contains this and other infOrmation about the investment company. PI""",
read the prospectus carefully before ilwesting. All Vantagepoint FUllds invested througb 40101' 451 plaw are held through \lantage7i-wt. Vantagepoim 1-,md., ,II,
distributed by ICMA-RC Semices LLC, a wholly owned broker-dealer subsidiary ofICJvIA-RC awl membel' FINRA/SIPC. For a currentproJpectus, cOlltae!
ICJvIA-RC Services. LIC by calling 800-669-1400 or by writing to 771 North Capitol Street, NE, Washington, DC 20002-4210. or by visiting www.icntarc.I'~R'
En Erpaiiolllame al800-669-8216
ACO'i(llk'rJ8'i
A
ICMARC'
Building Retirement Security
Dear Plan Sponsor:
In keeping with our commitment to helping your employees build retirement security, ICMA-RC introduced
Guided PathwaysTM, a comprehensive suite of investment advisory services, to plan participants earlier this year.
As you may know, Guided Pathways includes our new Managed Accounts service, which may be the ideal
alternative for employees looking for ongoing professional management of their ICMA-RC retirement
accounts.
I wanted to be sure you had received the enclosed Guided Pathways Managed Accounts Employer Package.
The package provides information on how electing to add Managed Accounts will greatly benefit your
employees.
Although the Asset Class Guidance and Fund Advice services of Guided Pathways are already available as
part of your ICMA-RC plan, we need your approval to offer Managed Accounts to your plan participants.
To make sure your employees are eligible to participate in Managed Accounts, please read the enclosed
Managed Accounts Services Agreement and sign and return the Managed Accounts Services Agreement
Signature Page as soon as possible.
Please contact our Client Services team at 800-326-7272 with any questions you may have on how to offer
Managed Accounts to your employees.
Sincerely,
~~
Keith Sendall
Senior Vice President, Field Sales
Enclosure(s)
L71WOO-063-090 7-1650-xxxx
Vantagepoint Funds are distributed by ICMA-RC SerIJices, LIC, a wholly owned broker-dealer subsidiary of ICMA-RC, member NASD/SIPC.
1(1.\1\ RETIRWElll CORPORidlOli 777 IJORTH C,PllOl STRI E1 tI[ \':/iSHltlG101i DC 20002 17 \0
ill 2079'] \600 fl./ 20796'l,j601 TOllflH[ 180066911(1'1 fijtIP;,f,Olll,,!\l:,11800669B7J6 IIJlIWli :,:..1[:1"(01'[
To offer Managed Accounts to your employees, please read the ICMA-RC Managed
Accounts Services Agreement, sign this Managed Accounts Services Agreement
signature page, and return to ICMA-RC in the ene/osed envelope as soon as possible.
ICMA-RC MANAGED ACCOUNTS SERVICES AGREEMENT SIGNATURE PAGE
In Witness Whereof, the parties hereto certify that they have read and fully understand the complete lCMA-RC
Managed Accounts Services Agreement found in this package and have caused the ICMA-RC Managed Accounts
Services Agreement to be executed by their duly authorized officers as of rhe Date below.
EMPLOYER
By
Employer/Plan Name
Employer Signature
Date
Name and Title (Please Print)
Street Address
City and State
Applicable ICMA-RC Plan Number(s)
INTERNATIONAL CITY COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION
By ( " \ l'
v:~r1 C" I) i 1J~l\
. j
Angela Montez
Assistant Secretary
Please return fully executed Signature page to:
New Business Unit
ICMA-RC
777 North Capitol Street, NE
Suite 600
Washington, DC 20002-4240
Managed Accounts Service Agreement
leMA-Re
(((
VI.-CONSENT AGENDA
ITEM C.S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested city Commission Date Final Form Must be Twned Requested City Commission Date Final Form Must be Twned ill
M~ Dates in to City Clerk's Office Meetim! Dates to City Clerk's Office
0 December 16, 2008 December 1, 2008 (Noon) ~ February 17, 2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19, 2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve resolution No. 09~ authorizing a community partnership with Workforce Alliance,
Inc., by entering into a "Community Service & Work Experience Program" agreement. Participants in this program will
gain work experience (non-paid job training) at the City of Boynton Beach and will be considered an employee of the State
of Florida, thus, there is no financial impact to the City.
EXPLANATION: Human Resources StafImet with Workforce Alliance, Inc. representatives on January 7,2009, to
receive an overview of the Community Service & Work Experience Program. The State of Florida has been designated as a
needy State with one (1) in ten (10) on food stamps. In 2008, there were 30-40 eligIole participants for this program and
this year there are over 200 eligible participants. Business Services Consultant Chris Walsh from Workforce Alliance, Inc.
explained that the program participants must have dependent children to be eligIole. By entering into this agreement the
City would agree to provide a work site designed to provide participants with non-paid., job training work experience.
Participants would live in or near the City of Boynton Beach. No employees will be displaced by a participant. No
participant shall be placed or remain working in any position when the same or substantially equivalent position is vacant
due to a hiring freeze or when any regular employee of the City is laid-off from the same or substantially equivalent position
or when an employee has been bumped or has recall or bumping rights based on the City's Personnel Policy Manual or
Collective Bargaining Agreements. Exhibit 1, contains the Community Service & Work Experience Program Non-
Financial Agreement and specific details regarding this program.
PROGRAM IMPACT: Highlights of the Community Service & Work Experience Program which is a Welfare Transition
(Welfare to Work) program include:
. The participant is an employee of the state of Florida and there is no Worker's Compensation obligation.
. The City may accept or decline potential volunteers.
. There is no obligation or set number of volunteers.
· Either party may terminate the agreement, with or without cause, at any time.
· No currently employed City employee shall be displaced or partially displaced by a participant.
· Participation permits bonus points for Training Grants.
FISCAL IMPACT: There is no fiscal impact to the City.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
((('
~\ .
r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Do not approve the Community Service & Work Experience Program Non-Financial Agreement
which is a community partnership that helps individuals on Welfare transition back into the workplace by gaining valuable
on-the-job experience at the City.
Human Resources
~~
City Manager's Signature
Assistant to City Manager ~
"
~~
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R 09-0,34:;
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE EXECUTION OF A COMMUNITY
7 SERVICE AND WORK EXPERIENCE PROGRAM
8 AGREEMENT WITH WORKFORCE ALLIANCE FOR
9 NON-PAID JOB TRAINING AT THE CITY OF
10 BOYNTON BEACH; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, by entering into this Agreement the City would agree to provide a work
15 site designed to provide participants with non-paid, job training work experience; and
16 WHEREAS, upon recommendation of staff, the City Commission has determined
17 that it is in the best interests of the citizens and residents of the City to approve and authorize
18 execution of a Community Service & Work Experience Program Agreement with Workforce
19 Alliance for non-paid job training at the City of Boynton Beach
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
26 hereby approve and authorize execution of a Community Service & Work Experience
27 Program Agreement with Workforce Alliance for the non-paid job training at the City of
28 Boynton Beach, a copy of which is attached hereto as Exhibit "A".
29
30
Section 3.
This Resolution shall take effect immediately upon passage.
S:\CA\RESO\Agreements\Workforce Alliance (non-paid training).doc
1 PASSED AND ADOPTED this
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24 ATTEST:
25
26
27
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29 Janet M. Prainito, CMC
30 City Clerk
~~
day of February, 2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
35 (City Seal)
I
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, I
S.\CA\RESO\Agreements\Workforce Alliance (non-paid training).doc
.
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EXHIBIT
1(0 'I ~o 3f;?
COMMUNITY SERVICE & WORK EXPERIENCE PROGRAM
NON-FINANCIAL AGREEMENT NUMBER 2009-
BY AND BETWEEN
WORKFORCE ALLIANCE, INC.
315 South Dixie Highway, Suite 102 West Palm Beach, FL. 33401
AND
(INSERT PROVIDER NAME)
PROVIDER ADDRESS:
PROVIDER FEI NO:
PROVIDER DESCRIPTION:.
WHEREAS, Workforce Alliance, Inc. (hereinafter "Alliance") wishes to place Alliance Program
participants with the Provider for the provisions of work experience and training activities; and
WHEREAS, the Provider wishes to provide work experience and training activities for Alliance
Program participants (hereinafter "participants");
NOW THEREFORE, the parties enter into this Agreement for the provision of work experience
and training activities work site services upon the following terms and conditions:
I. Term
This Work Experience Program Non-Financial Agreement ("Agreement") shall begin on the date last
signed by both parties. This Agreement shall be automatically renewed annually without action of any
party, unless earlier terminated pursuant to Article VII. of this Agreement or a participant has not
completed his/her work experience with the Provider, in which event this Agreement shall continue to be
in full force and in effect until the duration of the remaining time required for the participant to complete
his/her work experience with the Provider.
II. Participant Status
The participant is not an employee of the Provider or Alliance.
III. Independent Contractor
Both parties in the performance of this Agreement will be acting in an individual capacity and not as
agents, employees, partners, joint venturers, or associates of one another.
IV. Provider Representations and Duties
1. Provider represents that:
_it is a private non-profit or public non-profit corporation, or local governmental entity.
_it is a private for-profit or public for-profit entity licensed to do business in the State of Florida.
and is capable of providing a work experience to Alliance participants in accordance with the terms of
this Agreement.
2. Provider agrees to:
A. develop and provide a work site designed to provide participants with a non-paid, job training
experience commonly referred to as a "Work Experience".
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 1 of6
VI. Manner of Service Provision
1. The work site Training Outline/Job Description ("Attachment 1 ") must be approved by Alliance prior to
the work experience beginning for any participant.
2. Provider agrees to provide the necessary instruction, supervision and equipment for a participant to
perform work experience duties.
3. Provider agrees to submit to Alliance on a weekly basis a work experience training program time
sheet signed and dated by Provider and the participant.
4. Provider shall train the participant with the necessary skills for an entry level work experience in the
designated job title.
5. No participant may participate in a Provider work experience unless the participant is referred to
Provider by Alliance in writing and in accordance with the terms of this Agreement.
6. All participants are to be provided with the same working conditions by Provider accorded to other
employees presently in the Provider's work force. However, for purposes of workers' compensation
coverage the participant will be considered an employee of the State of Florida and is subject to the
requirements of the drug free workplace program. Participants shall not be considered employees of
Provider, although Provider shall have all supervisory responsibility.
7. No currently employed Provider employee shall be displaced by a participant. This includes partial
displacement such as reduction in the hours of non-overtime work, wages or employment benefits. It
is illegal for a Provider to displace any regular employee or fail to fill a vacancy so that a worksite
participant may fill the job requirements. Based upon the above Provider must ensure that
employees of Providers organization are notified of the Work Experience Program displacement rules
and his/her rights under the law and ability to file a grievance. Provider's execution of the Work
Experience Program Non-Financial Agreement is with the expectation that Provider will be monitored
by Alliance for compliance with this provision and Providers that violate this provision of the
Agreement and requirement of the law will be terminated from participation in the program
8. No participant shall be hired into or remain working in any position when the same or substantially
equivalent position is vacant due to a hiring freeze or when any regular employee is on lay-off from
the same or substantially equivalent position or when the regular employee has been bumped and
has recall or bumping rights to that position pursuant to the provider's personnel policy or collective
bargaining agreement.
9. Provider shall indemnify and hold harmless Alliance, it's officers, agents, employees, and the Palm
Beach County Board of County Commissioners from liability of any nature or kind, including costs,
expensed, and attorney's fees, for or on account of any actions, claims, suits or damages of any
character whatsoever arising out of any negligent act or omission of the Provider or any employee,
agent, subcontractor, or representative of Provider.
10. Provider may conduct background checks of potential participants as necessary and as a pre-
requisite for acceptance of any participant at a work site.
VII. Termination
Either party may terminate this Agreement, with or without cause, at any time by giving written notice to
the other party. This Agreement will be modified at anytime without notice to the other party upon change
or amendment to any law or regulation that governs the Program.
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 3 of 6
VIII. Notice and Contact
The name, address and telephone number of each parties representative to this Agreement is as follows:
Alliance
ATTN: Kathryn Schmidt, CEO/President
Workforce Alliance, Inc.
315 South Dixie Highway, Suite 102
West Palm Beach, Florida 33401
Telephone (561) 340-1061 Ext.2201
Provider
In the event a different representative is designated by either Party after execution of this Agreement,
written notice including the name, address and telephone number of the new representative will be sent
in writing to the other Party.
IX. Monitoring
At any time and as often as Alliance, the State of Florida, United States Department of Labor, Comptroller
General of the United States, the Inspector General of the United States and the State of Florida, or their
designated agency or representative may deem necessary, Provider shall make available all appropriate
personnel for interviews and all participant records or other data relating to matters covered by this Agreement
for the purpose of monitoring activities and determining compliance with all applicable rules and regulations,
and the provisions of this Agreement. Provider shall respond in writing to monitoring reports and requests for
corrective action plans within 20 working days after the receipt of such request from Alliance.
X. Entire Agreement
This Agreement constitutes the entire understanding of the parties with respect to the subject matter
hereof. All other prior agreements, understandings and representations regarding the subject matter
hereof are hereby superseded and terminated.
IN WITNESS WHEREOF, Provider and Alliance have caused this Agreement to be duly executed as of
the date set forth below.
APPROVED BY:
WORKFORCE ALLIANCE, INC. (ALLIANCE)
APPROVED BY:
BY:
SIGNED ALLIANCE CEO/PRESIDENT,
KATHRYN SCHMIDT
BY:
SIGNED AUTHORIZED REPRESENTATIVE
NAME & TITLE PRINTED, AUTHORIZED
REPRESENTATIVE
WITNESS:
WITNESS:
DATE
DATE
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 4 of6
ATTACHMENT 1
WORK SITE TRAINING OUTLINE/JOB DESCRIPTION
A separate Work Site Training Outline/Job Description form is to be completed by the Provider for each
participant work experience activity to determine the length of the work experience and functions in which
the participant will be trained.
1. Work Site Location: Enter the legal address of the work site where the participant will be located.
2. Work Site Title: Enter the title of the work site activity/training the participant will be placed.
3. Work Site Occuoational Title: Enter the job title and specific numerical code as listed in the
O*NET-SOC that most closely fits the work site title and job description developed by the Provider.
Worksite Occupational Title
O*NET Code
4. Mastery Skills & Work Site Duties: List the specific mastery skills & job duties at the work site the
participant will perform.
5. List any pre-requisites for acceptance of a participant (finger printing, background check, interview,
testing, etc) for the work site activity.
6. Lenoth of Work Site Exoerience: Before the training can be approved, Alliance Career Consultant
must determine the length of training or the Specific Vocational Preparation Time (SVP). Enter the
total length of training in months and hours.
Length of Worksite Experience
7. Endino Date of Work Site Exoerience: Enter the appropriate ending date of the training after the
length of training has been determined.
Ending Date of Work Site Experience
8. Particioant Name: Enter the name of the participant receiving the Work Experience and date referred.
A separate work site training outline/job description form must be completed for each participant.
Participant Name
Date
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 5 of 6
ATTACHMENT 2
WORK SITE LETTER OF TRANSMITTAL
Attached please find a Work Site agreement that requires your attention. Please provide the requested
information, sign your name, the date and forward the agreement to the next individual listed on this
transmittal page.
!service Provide~ or Consortium Staff
Member Initiating Work Site Agreement
Alliance Director of Contracts S. Brea
Agreement No.
Alliance WTP Program Director M. Garrett
Alliance Senior Director Programs R. O'Connor
Alliance CEO/President K. Schmidt
Worksite Agreement 2/21/07 (rev. 9/23/08)
Page 60f6
Date
Name
Date
2008-
To Be Completed By Alliance
Name
Date
Name
Date
Name
Date
;.aut
LeJeune, Carisse
From: Magazine, Chuck
Sent: Friday, February 06,200910:31 AM
To: Lejeune, Carisse
Subject: City Commission Agenda - 2/17/2009
I have concerns related to VI.C.5.
This refers to the Agreement between Workforce Alliance and City, for Community Service & Work Experience
Program. Please refer to the Agreement:
II. Participant Status
This states that the participant in the program is not an employee of the City or the Alliance.
III. Independent Contractor
This is confusing. It states that both the City and Alliance are acting in their individual capacity and not as
employees, etc. of the other. I would think that, from the further information in the Agreement, that this
would be referring to the participant in the program. However, if this is the case, I do not believe that the
participant would meet the requirements for being an independent contractor to either the City or the
Alliance.
V1.6. I am glad to see that the participants are considered employees of the State of Florida for the purposes of
Workers' Compensation. However, this again puts in question the status of the participants as
independent contractors.
V1.9. The Agreement contains this indemnification and hold harmless clause whereby the City protects the
Alliance and the County from liability. I do not really like such clauses, but if there is a clause to protect
the Alliance and the County, there should also be a similar clause protecting the City.
Please advise if you need any additional information in this matter or have any questions. Thank you.
Chuck Magazine
Risk Manager
City of Boynton Beach, FL
magazinec@bbfl.us
(561) 742-6042
This e-mail transmission, and any attachments, is intended for the person(s) listed here on this electronic
submission and no one else as it might contain confidential and privileged information. If you have received this
e-mail in error, please call the telephone number referenced above and please destroy all copies immediately
Thank you for your cooperation.
2/6/2009
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VI.-CONSENT AGENDA
ITEM C.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting. Dates in to City Clerk's Office
0 December 16. 2008 December 1,2008 (Noon) [8J February 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19.2009 (Noon) 0 April 7,2009 March] 6, 2009 (Noon)
0 AnnouncementslPresentations 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 adopt a Resolution to assess the cost of nuisance abatement on properties within the City
of Boynton Beach.
EXPLANATION: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list
contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent
an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were
then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of
the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list
contains the names of the property owners who have still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm
Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the
City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before
the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the
Resolution is sent to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and
another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
PROGRAM IMPACT:
FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services
that were provided when the nuisances were abated.
ALTERNATIVES: The alternative would be to not place
provided. #-
~.1>'m.~,-.
/ Department Head's Signature
LJ
liens on ~ not collect for the senilce
City Manager's Signature
Department Name
Assistant to City Manager
~
~
City Attorney / Finance
~
S:\CC\WP\lOT MOWING ASSESSMENTS\AGENDA MEMOS\Agenda Item Request for Resolution for letters of 11-15-08 & 12-31-08.doc
1 RESOLUTION NO. 09- { :;
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA ASSESSING THE COSTS OF
5 ABATEMENT OF CERTAIN NUISANCES
6 AGAINST THE OWNERS OF THE PROPERTIES
7 INVOLVED; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10
11
12 WHEREAS, in October and November, 2008, a contract vendor was requested by
13 Code Compliance to mow the lots of the properties described in Exhibit "A": and
14
15 WHEREAS, the owners of the parcel(s) of property hereinafter described were
16 invoiced by the Finance Department on two occasions in an effort to recoup these costs with
17 no response; and
18
19 WHEREAS, said nuisance was not abated as required; and,
20
21 WHEREAS, on November 13 and December 31. 2008, all of the property owners
22 listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit
23 within 30 days in order to avoid incurring a lien on their property; and
24
25 WHEREAS, the City Manager or his authorized representative has made a report of
26 costs actually incurred by the City and abatement of said nuisance as to the property( s)
27 involved, which is described in Exhibit "A" attached to this Resolution; and
28
29 WHEREAS, upon passage of this Resolution, the property owners will be furnished
30 with a copy of this Resolution, and given one more opportunity to remit all costs associated
31 with the abatement in full within 30 days of the passage of the Resolution, before transmittal
32 to the County for recordation of Liens; and
33
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
36 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
37
38 Section 1: Each Whereas clause set forth above is true and correct and
39 incorporated herein by this reference.
40
41 Section 2: The amount of costs incurred by the City and the abatement of the
42 above-described nuisance as to the parcels of land, owned and indicated to wit:
43
44
45 SEE ATTACHED COMPOSITE EXHIBIT "A"
46
:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 20509.doc
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(Charges cover Invoices dated October I and November 25, 2008)
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien.
Liens shall be of equal dignity with the taxes there from for the year 2008, and
shall be enforced and collected in like manner pursuant to applicable
provisions of law. In the event collection proceedings are necessary, the
property owner shall pay all costs of the proceedings, including reasonable
attorneys fees.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of February, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
{Corporate Seal}
:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 20509.doc
Eirs!f'Ja~_
CHARLIE
VIOlJ\
TONY
LUANNA M.
M & EUSETACH
No Lien
NORM
HARRISON C.
----------- ~
HENRY & PIlJ\
JOSE & MARIX
JOSE & MARIX
VIOlJ\
CHARLIE
LYNN
! JOE & RAFAElJ\
~~fi~__... -- ~~_.. ..._~- -- --. ~~---- ._-~-_.- ......._.-
..s:ompany __ _ . 2treetAddres~ . .- ___ Ci StateZiD _ _ _ _ Invoice# CEB# PCN# Salutation #ofdayspol\a('~_ LienAIT1~
ANDREWS ET AL 641 NW 51H Sf BOYNTON BEACH FL 23053 08-2160 084345212 Mr. Andrews 43 206.03 236.03
--_._-_..__.~ ~ 33435 --.,-"'- 20030050 ~--
FEDERHENN 706 NE 7TH AVE ._~-_. f---- . ---~-"
BOYNTON BEACH FL 23054 08- 2286 084345220 Ms. 43 206.03 236.03
33435 30020100 Federhenn -..--" mm -~---
STORZIERI 710 SW 27TH TERRACE BOYNTON BEACH FL 23055 08-2496 084345320 Mr. 5torzieri 43 398.09 428.09
.- f-------.- .- ------- .- .-- 270iNE 5TH AVE 33435 f-------. 10150060 ----- ---...-- - ~._---
AZZARITO BOCA RATON FL 33431 23056 08-2505 084346040 Ms. Azzarito 43 206.03 236.03
.. --~-_._.._.._- . -_.- - ------ 160070160 - -..,.---- ---- -.--
E N MU5ElJ\IRE m125 SE i'j'h PL BOYNTON BEACH FL 23057 08-2540 084345330 To Whom It 43 206.03 236.03
33435 ---------. 80030160 May Concern .. .. -.-- ---.. - -.- .--
BANK OF NEW 7105 CORPORATE DR PlJ\NO TX 75024 23058 08- 2569 084345160 To Whom It 43 398.09 428.09
.- l---- - ... c1.0RK TL-_ ~T2<..El.l.L... _____ >---------~-- ~- 1---.- 10210710 MayCo~~ \---- -----
-
INTERNATIONA 2234 N FEDERAL HWY BOCA RATON FL 33431 23059 08-2523 084345281 To Whom It 43 453.09 483.09
L INVESTMENT #303 10000370 May Concern
---. ONE LLC - ----- 1---.
INTERNATIONA 2234 N FEDERAL HWY BOCA RATON FL 33431 23060 08-2715 084345284 To Whom It 43 453.09 483.09
L INVESTMENT #303 1100046 May Concern
u._ ---..-..- ---- -..- ONE LLC
:-;: CoO::; , n.n n~~. ~- =
f1"'f .'JJ.VJ =.VJ
->, 'eN[ LLC
.n_ _. __0----------- _ .. -~-_.__.__..- _... - .._- -_. m ------- . ----..- -_. - ------...----- -- --
INTERNATIONA 2234 N FEDERAL HWY BOCA RATON FL 33431 23062 08-2698 084345281 To Whom It 43 453.09 483,09
I L INVESTMENT #303 10000480 May Concern
ONE LLC l:::::~ I~~::
~WARDS ~_.. - m_ -- l-z36NE 20m AVE .n. --~_.- ----- --. -- -----.- ._--~ -_.-.-
BOYNTON BEACH FL 23063 08-2541 084345150 Mr. Edwards 43
I 33435 --\----- -- ------ 70210090 - ---. --------
TlliSW.WHITMORE-OR --~~
KUTUN PORT ST LUCIE FL 23064 08-2546 084345320 Mr. Kutun 43
34984 10050010
_. r-- ---------- .-'.'-'- .~..._--- .- --~ .- - ----
R MARTINEZ 566 W OCEAN AVE BOYNTON BEACH FL , 23436 08-2644 084345290 To Whom It 30 ! 408,09 I 438.09
- --_._~-_.--._--- 1- .-- ..l34~_ \23437 - 10110021 May Concern _ - (398.09 t428~09
A RODRIGUEZ 120-5W 12THAVE BOYNTON BEACH FL 08-2716 084345281 Mr. & Mrs. 30
-lRODRlGUEZ 33435 30080041 .. Rodriguez L_ ._ _un. ._~__~
120SW 1ZTHAVE -~- --.-- ...__. - - 084345281. r Mr. & Mrs. 30 \398.09 \428.09
A BOYNTON BEACH FL 23437 08-2716
i .-t 33435 ---.-----.- ~_.__.._._- 30080041_ Rodrig~~z
-~I;::;:.- -_..~..- .tun _.~ __.u_ T 206.03 rz36~o3
i FEDERHENN _C06 NE 7T:AVE BOYNTON BEACH FL 23428 08- 3083 084345220 Ms. 30
I. ANDREWS IT AL 33435 -k----- -. 30020100 j Federhenn ! I
~.- -.-------..-- _. ~~-_._--~_.__._- i 206,03 +---
I 641 NW 5TH ST BOYNTON BEACH FL 23429 I 08-3084 084345212 Mr. Andrews 30 ; 236,03
I I 33435 . j;~:~: 20030050 1 t:98 09 J~Og
tV ARELA .1421 NE2STH CT _._~_.,_. .. 084345160 Ms. Varela
BOYNTON BEACH FL 23430 30
33435 10180080
I VILlJ\RREAL I ...-.- - ------- rM-........
j I 3155 E ATlJ\NTIC DR BOYNTON BEACH FL 23431 084345091 I Mr. & Mrs. 30 I 398.09 I 428.09
~,._- J1.3435_ . i 20070150 ViI@rreal ! I
-.--------
';YC\WP\LOT MOWING ASSESSMENTS\PROCESS - STEPSlYeiJr 2008\Data List For 11-13-08 & 12-31-08 Notices & Reso.doc
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DONALD 3801 NE 4TH 5T BOYNTON BEACH. 23432 08-2751 084345160 Mr. Ross 30 398.09 42f'
33435 10170040 -
NATIONWIDE 2234 N FEDE4RAL HWY BOCA RATON FL 33431 23433 08-2714 084345281 To Whom It 30 398.09 428.u~
ASSETS INC #303 00130081 May Concern
NATIONWIDE 2234 N FEDE4RAL HWY BOCA RATON FL 33431 23434 08-2712 084345281 To Whom It 30 508.09 428.09
ASSETS INC #303 00130010 May Concern
NATIONWIDE 2234 N FEDE4RAL HWY BOCA RATON FL 33431 23435 08-2711 084345281 To Whom It 30 398.09 428.09
ASSETS INC #303 00130041 May Concern
DONALD ROSS 3801 NE 4TH 5T BOYNTON BEACH FL 23438 08-2679 084345160 Mr. Ross 30 398.09 428.09
33435 10150090
S:\CC\WP\lOT MOWING ASSESSMENTS\PROCESS - STEPS\year 200B\Data list for 11-13-0B 8< 12-31-0B Notices 8< Reso.doc
VI.-CONSENT AGENDA
ITEM C.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December] 6, 2008 December 1,2008 (Noon) ~
0 January 6, 2009 December 15, 2008 (Noon) 0
0 January 20, 2009 January 5, 2009 (Noon) 0
0 February 3, 2009 January 19.2009 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 17,2009
February 2, 2009 (Noon)
March 3, 2009
February 17,2009 (Noon)
NATURE OF
AGENDA ITEM
o
o
~
o
o
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
o
o
~
o
o
City Manager's Report
New Business
o
March 2, 2009 (Noon) U)
...."
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March 16,2009 (Noon)CD
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March 17, 2009
April 7, 2009
Legal
Unfinished Business
RECOMMENDATION: Please place this request on the February 17, 2009 City Commission Agenda under
Consent: Resolutions. Staff recommends that the proposed resolution be approved thereby approving the Boynton Village
Park Dedication Agreement with Congress Avenue, LLC , which includes the acceptance of the 2. 195-acre parcel ofland to
satisfy the park land dedication requirement, and the acceptance of the quit claim deed for the 3,213.53 square foot adjacent
"sliver parcel". For further details pertaining to this request, see the explanation below and attached documents.
EXPLANATION: Part III, Chapter 1, Article 5 of the Land Development Regulations requires the application of a
recreation impact fee to all residential development, on a per unit basis. This article also allows the City Commission the
option ofrequiring the dedication ofland in lieu of collecting the fee. The City Commission exercised this option when
considering the Boynton Village SMU project as documented in Resolution 04-211 (approved on December 12, 2004). The
attached legal documents satisfy this requirement for land dedication, thereby effectuating the transfer of the land from the
property owners to the City, and consist of a conveyance agreement and special warranty deeds. The Conveyance Agreement,
in part, defines the area to be conveyed which is the property located on the north side of Old Boynton Road, west of the
LWDD E-4 Canal.; it differentiates the land eligible for credit from that allocated to satisfying the city's useable open space
requirement; indicates the value of the land to be dedicated for impact fee purposes; defines the process for establishing and
maintaining the impact fee credit account; and assigns the credit for ultimate application to one or more of the developer's of
the project. The property has been prepared for conveyance with the removal of debris and selected vegetation,
fencing/securing of the perimeter, and with the grading of certain areas of the property.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: Minimal for basic property maintenance until ultimate
ALTE~~.ATlVES: N/A ~)l
~( ~ .'/
,\0 llA1l~ ~'1' t1 Ilk. .
~Develo ,ment ~epartment Director
rk development occurs in the future.
\ i
?l~d~'
City Manager's Signature
Assistant to City Manager CJ1d,./
-V
City Attorney / Finance
S:\P1anning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Agenda Item Request - Park land conveyance - 2-17-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION R09- (~ "
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING EXECUTION BY
6 THE MAYOR AND CITY CLERK OF A BOYNTON
7 VILLAGE P ARK CONVEYANCE AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 1950 CONGRESS AVENUE, LLC., TO SATISFY THE
10 P ARK LAND DEDICATION REQUIREMENT; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, on December 12. 2004. via Resolution 04-211. the City Commission
14 exercised the option of requiring the dedication of land in lieu of collecting a recreation
15 impact fee when considering the Boynton Village SMU project; and
16 WHEREAS, the Conveyance Agreement, in part. defines the area to be conveyed
17 which is the property located on the north side of Old Boynton Road. west of the L WD D
18 E-4 Canal; and
19 WHEREAS, the City Commission of the City of Boynton Beach. Florida deems it
20 in the best interest of its residents and citizens to approve the Boynton Village Park
21 Conveyance Agreement.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 doption hereof.
Section 2.
The City Commission of the City of Boynton Beach. Florida does
27
28
ereby authorize and approve execution by the Mayor and City Clerk of the Boynton
29
illage Park Conveyance Agreement between the City of Boynton Beach and 1950
:\CA\RESOlAgreements\Boynton Village Park Conveyance Agreement. doc
1 Congress A venue, LLC., to satisfy the park land dedication requirement, a copy of which
2 Subordination is attached hereto as Exhibit "A".
3
Section 3.
This Resolution will become effective immediately upon passage.
4
PASSED AND ADOPTED this _ day of February, 2009.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 ATTEST:
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30
31 (Corporate Seal)
32
33
34
35
36
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
:\CA\RESO\Agreements\Boynton Village Park Conveyance Agreement.doc
! / " ", \
BOYNTON~LAGEPARKCONVEYANCEAGREEMENT
This Boynton Village Park Conveyance Agreement (hereinafter referred to as
"Agreement") is made and entered into on , 2008, by and among 1950
CONGRESS A VENUE, LLC, a Florida limited liability company, whose address is 5858
Central Avenue, St Petersburg, Florida 33707 (hereinafter referred to as "1950"), and THE
CITY OF BOYNTON BEACH, Florida., a municipal corporation of the State of Florida, having
its offices at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter
referred to as "CITY").
RECITALS
WHEREAS, 1950 applied for and received government approvals to develop the
Boynton Village Project (hereinafter referred to as the "Project"); and
WHEREAS, the property comprising the Project was included in the plat entitled
"Boynton Town Center, A P.C.D.", which was recorded in Plat Book 106, Pages 144-151 of the
public records of Palm Beach County, Florida (the "Plat"); and
WHEREAS, the property platted as SMU Parcels 1, 2, 3 and 4 within the Project has
been approved by the CITY for residential development; and
WHEREAS, pursuant to Part III, Chapter 1, Article V, Section 3 of the City of Boynton
Beach Land Development Regulations, the developers of the residential developments within the
Project are required to pay park impact fees to the CITY as part of the building permit approval
process; and
WHEREAS, 1950 proposed a park land donation to the CITY in lieu of paying park
impact fees, as contemplated by Part III, Chapter 1, Article V, Section 3.1, Boynton Beach Land
Development Regulations; and
WHEREAS, the CITY adopted Resolution No. R04-2l1 on December 7, 2004, requiring
a donation ofland in lieu of paying park impact fees for the Project; and
WHEREAS, a park site has been platted as the SMU-P ARK PARCEL on the Plat; and
WHEREAS, the platted park parcel is 4.995 acres, which includes a forty foot (40') wide
pedestrian easement along the east side of the parcel; and
WHEREAS, the park donation does not include the forty foot (40') wide pedestrian
easement; and
WHEREAS, excluding the pedestrian easement, the park parcel to be conveyed by 1950
to the CITY will be 4.723 acres (hereinafter referred to as the "Park Land"); and
i i
Page 1 of 13
WHEREAS, the legal description of the Park Land is included as Exhibit "A", which is
attached hereto and incorporated herein by reference; and
WHEREAS, a 2.528 acre portion of the Park Land is included in the SMU open space
required acreage for the Project; therefore the 2.528 acre portion of the Park Land conveyance is
not eligible for park impact fee'credit; and
WHEREAS, the total acreage of the Park Land conveyance that will be made in lieu of
park impact fees is 2.195 acres; and
WHEREAS, an appraisal of the Park: Land as of April 30, 2008, has been prepared by
Zillah Tarkoe Associates, Inc. and submitted to the CITY; and
WHEREAS, according to the appraisal, the appraised value of the Park Land is Eight
Hundred Ninety Nine Thousand, Eight Hundred Fifty One and 78/100 Dollars ($899,851.78) per
acre; and
WHEREAS, based upon the appraised value, the value of the 2.195 acre portion of the
Park Land that is being conveyed in lieu of the payment of park impact fees is $1,975,174.66,
which shall be the amount of the park impact fee credit that 1950 shall be entitled to as a result of
the conveyance; and
WHEREAS, 1950 desires to assign all or a part of 1950's credit for the donation of the
Park Land to one or more of the residential developers within the Project in order to offset the
requirement that the individual residential developers pay park impact fees to the CITY; and
WHEREAS, an irrigation line runs generally along the north side of the Park Land that
connects the irrigation pumps located within the forty foot pedestrian easement situated to the
east of the Park Land with the remainder of the Project irrigation system located to the west of
the Park Land; and
WHEREAS, 1950 and the property owner's association will retain a twelve foot
easement for this irrigation line, with the legal description of this easement included as Exhibit
"B"; and
WHEREAS, this Agreement will specify the establishment, assignment and utilization of
the Park Impact Fee Credit, the terms of the conveyance and the SMU open space calculation
applicability for the portion of the Park Land that is not the donation in lieu of park impact fees.
NOW THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties
hereby resolve and agree as follows:
1. RECITALS
The recitals set forth above are true and correct and form a part oftms Agreement.
Page 2 of 13
2. PARKLAND CONVEYANCE AND IRRIGATION AND SIGN EASEMENTS
A. No later than ninety (90) days following the City's execution of this Agreement,
1950 shall convey the Park Land to the CITY by special warranty deed. The legal description of
the Park Land to be conveyed to the CITY is contained in Exhibit itA" to this Agreement, which
is attached hereto and incorporated herein by reference.
B. The conveyance shall be subject to the 1950 retaining a twelve foot (12') wide
irrigation line easement. The legal description of the irrigation line easement is contained in
Exhibit "B" to this Agreement, which is attached hereto and incorporated herein by reference.
The conveyance shall also be subject to 1950 retaining a sign easement in the southwest comer
of the Park Land for the purpose of erecting a project momnnent sign.
C. The fonn of the special warranty deed, including Pennitted Exceptions and the
easements for the irrigation line and sign, (hereinafter referred to as the "Deed") is attached
hereto as Exhibit "C".
D. INSPECTIONS.
(1) The CITY shall have forty five (45) days from the Effective Date of this
Agreement to perform an inspection of the Park Land (hereinafter referred to as the
"Inspection Period). CITY shall, during the Inspection Period, determine (a) whether the
Park Land is satisfactory for CITY's purposes, and (b) whether the Park Land has
adequate services available and that all federal, state, county and local laws, rules and
regulations have been and are currently being complied with relative to the Park Land.
(2) During the Inspection Period, it shall be the responsibility of the CITY to
determine that utility services including, water, waste water, electric, telephone and all
other utilities are available in the proper size and capacity to serve the Park Land. At all
times during the Inspection Period, CITY and its agents shall be provided with reasonable
access during normal business hours to the Park Land for purposes of on-site inspections.
The scope of the inspections shall be determined by the CITY as deemed appropriate
under the circumstances. In the event that any inspections and any review of documents
conducted by the CITY relative to the Park Land during the Inspection Period prove
unsatisfactory to the CITY, at its sole discretion, CITY shall be entitled to terminate this
Agreement by providing written notice by mail, overnight delivery service, or by
facsimile to 1950 and/or 1950's counsel, at any time prior to 5:00 p.m. Florida time on
that date which is the second business day next following the expiration of the Inspection
Period. In the event that CITY fails to provide a timely notice of termination, this
Agreement shall not terminate and the CITY and 1950 shall proceed to Closing as set
forth herein. CITY does hereby agree to hold 1950 harmless during inspections
conducted on the Park Land.
(3) During the Inspection Period, 1950 shall provide to CITY reasonable
access to any appraisals, environmental reports (phase I and Phase II, if any), surveys,
Page 3 of 13
abstracts and title policies and all other studies 1950 may have in its possession or is
subject to its actual control relating to the Park Land and 1950 shall, without additional
consideration paid by 1950 or the CITY, consent to an assignment of such items to CITY,
to the extent assignable, and shall provide true and correct copies of all leases in effect
with respect to the Park Land .
(4) CITY's right to inspect and enter onto the Park Land during the Inspection
Period is expressly conditioned upon CITY's covenant to protect 1950 from the filing of
any liens against the Park Land, and the CITY's indemnification of 1950 for any and all
claims, costs, liabilities and expenses arising out of the CITY's actions on the Park Land.
In the event that any claims of lien are filed against the Park Land as a result of work
performed or requested by CITY, the CITY shall either pay the smn claimed by the lienor
or bond such claim of lien in the manner permitted by law within five (5) business days
after CITY receives written notice of the existence of the lien.
(5) Except as othexwise provided herein, all inspections shall be conducted
and completed during the Inspection Period.
E. 1950'S REPRESENTATIONS. To induce CITY to enter into this Agreement,
1950 makes the following representations, all of which, to the best of its actual knowledge, in all
material respects and except as otherwise provided in this Agreement (i) are now true, and (ii)
shall be true on the date the special warranty deed is provided to the CITY (the "Closing"):
(I) At all times prior to Closing, 1950 shall keep the Park Land free and clear
of any construction, mechanic's or materialmen's liens for work or materials furnished to
or contracted for, by or on behalf of 1950 prior to the Closing.
(2) 1950 has no actual knowledge of pending or contemplated condemnation
proceedings affecting the Park Land or any part thereof.
(3) 1950 has no actual knowledge nor has 1950 received any notice of any
litigation, claim, action or proceeding, actual or threatened, against 1950 or the Park Land
by any organization, person, individual or governmental agency or other entity which
would affect the use, occupancy or value of the Park Land or any part thereof or which
would otherwise relate to the Park Land.
(4) Except as may be provided in the Permitted Exceptions identified in
Exhibit "C", no individual, general or limited partnership, limited liability partnership or
company, corporation, trust, estate, real estate investment trust, association or any other
entity has or is entitled to possession of any part of the Park Land
(5) No tenant or other occupant, no licensor or franchisor and no other person,
finn, corporation, or other entity has any right or option to acquire the Park Land or any
portion thereof. CITY has the exclusive right to acquire the Park Land and, for so long as
this Agreement remains in full force and effect, 1950 shall not engage in any negotiations
with or solicit offers from any other party relating to the sale of the Park Land.
Page 4 of 13
(6) 1950 is not a party to any unrecorded contracts, restrictions, easements,
leases, option contracts, rights of first refusal or contracts with respect to the Park Land,
nor shall 1950 enter into any of the foregoing with respect to the Park Land from and
after the date of execution of this Agreement without the written consent of CITY.
(7) To the best of 1950' s knowledge, 1950 has not received any written
notice claiming that the Park Land or any method of operation of the Park Land is in
violation of any applicable law, ordinance, code, rule, order, regulation or requirement of
any governmental authority, the requirements of any local board of fire underwriters (or
other body exercising similar functions) and 1950 further represents that the Park Land
shall be delivered free of any such violation at Closing.
(8) 1950 shall maintain all existing insurance coverage in full force and effect
through Closing and shall pay all required premiums and other charges.
(9) Between the Effective Date and Closing, 1950 shall operate and maintain
the Park Land and shall cause the Park Land to be operated and maintained in a manner
generally consistent with past practices and in a manner fully compliant with applicable
law and 1950 shall reasonably endeavor to prevent the introduction of any Hazardous
Materials onto the Park Land and 1950 shall reasonably endeavor to prevent the release
of any Hazardous Materials onto the Park Land, and the CITY shall have and is hereby
granted the right to enter upon the Park Land to confirm the compliance of 1950 with the
foregoing duties and obligations. As used herein, the term "Hazardous Materials" means
(i) those substances included within the definitions of "hazardous substances,"
''hazardous materials," "toxic substances" or "solid waste" in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. g960 et
seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. g 6901 et seq., the
Hazardous Materials Transportation Act, 49 U.S. C. S1801 et seq., or the Clean Water
Act, 33 U.S.C. g1321 et seq., as amended, and in the regulations promulgated pursuant
thereto; (ii) those substances listed in the United States Department of Transportation
Table (49 CFR gI72.101) or by the Environmental Protection Agency as ''hazardous
substances," ''hazardous materials," "toxic substances" or "solid waste", (Hi) such other
substances, materials and wastes which are regulated, or classified as hazardous or toxic,
under applicable local, state or federal laws, ordinances or regulations; and any material,
waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable
explosives or radioactive materials.
(10) 1950 has full power and authority to enter into this Agreement and to
assume and perform its obligations hereunder.
(11) 1950 warrants that it will not, between the Effective Date and the Closing,
without CI1Y's prior written consent, create by its consent any encumbrances on the Park
Land. For purposes of this provision, the term "encumbrances" shall mean any liens,
cIairns, options, or other encwnbrances, encroachments, rights of way or leases.
Page 5 of 13
(12) All of the representations, warranties, and covenants of 1950 contained in
this Agreement or in any other docwnent delivered to CITY 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 on the date of Closing.
(13) 1950 shall indemnify, hold harmless and defend CI1Y against all claims,
demands, losses, liabilities, actual and reasonable costs and expenses, including
reasonable attorney's fees, imposed upon or accruing against CI1Y as a result of the
representations contained in this section being incorrect.
(14) All warranties, representations, covenants, terms and conditions herein
contained shall survive the delivery and recording of the deed for a period of nine (9)
months.
F. CITY'S REPRESENTATIONS. To induce 1950 to enter into this Agreement,
CITY makes the following representations, all of which, to the best of its actual lmowledge, in
all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii)
shall be true on the date of the Closing:
(I) The CITY has full power and authority to enter into this Agreement and to
assume and perform its obligations hereunder.
(2) The CITY's representations and acknowledgments contained in Paragraph
4, SMU OPEN SPACE AND OTHER REQUIREMENTS, below shall remain in full force and
effect for a period of fifty (SO) years from the effective date of this Agreement.
G. EVIDENCE OF TITLE.
(I) Title to the Park Land. 1950 shall convey the Park Land, including all
easements and restrictions of record with the exception of the encroacbment(s}, if any, to
CITY at Closing by delivery of the Special Warranty Deed. 1950 shall provide to CITY,
during the Inspection Period, a title insurance commitment issued by a title insurance
underwriter insuring CITY's title to the Park Land at an amount equal to the value of the
Park Impact Fee Credit, as provided in this Agreement. The costs and expenses relative to
the issuance of a title commitment and an owner's title policy shall be borne by 1950.
(2) CITY shall have fifteen (15) days from the date of receiving the title
commitment to examine said conunitment. If CITY objects to any exception to title as
shown in the title commitment, CITY shall, within fifteen (15) days of receipt of said
commitment, notify 1950 in writing specifying the specific exceptiones) to which it
objects. Within ten (10) days after 1950's receipt of the City's title objection notice,
1950 will provide written notice of its decision to either (i) agree to cure and remove such
title objection within thirty (30) days after receipt of the title objection notice or (ii)
refuse to cure and remove such title objection. If 1950 refuses to cure such objection, the
City can either (i) waive such objection and proceed to closing on this transaction and
Page 6 of 13
such objection shall be deemed a Permitted Title Exception hereunder or (ii) terminate
this Agreement. If 1950 elects to cure such title objection(s), then within ten (10) days
after the expiration of 1950ls time to cure any objection, 1950 shall send to CITY a notice
in writing (the "Cure Notice") stating either (i) that the objection has been cured and, in
such case, enclosing evidence of such cure, or (ii) that 1950 is unable to cure such
objection despite the good faith efforts of 1950 to effectuate the cure. If 1950 is unable to
cure all objections within the time period set forth in the preceding sentence despite the
good faith efforts of 1950, then CI1Y may (i) terminate this Agreement by written notice
to 1950 within fifteen (15) days after receipt of a Cure Notice specifying an uncured
objection; or (ii) subject to the provisions set forth below, proceed to close the transaction
contemplated herein despite the uncured objection. Notwithstanding anything to the
contrary herein, if any of the objections (i) consist of delinquent taxes, mortgages, deeds
of trust, security agreements, construction or mechanics' liens, tax liens or other liens or
charges in a fixed sum or capable of computation as a fixed sum, and (ii) were caused,
assumed, created or permitted to be created by 1950, then, to that extent, 1950 shall be
obligated to pay and discharge any such objections and Escrow Agent is authorized to
pay and discharge at Closing such objections.
(3) Survey and Legal Description. During the Inspection Period, 1950 shall
provide to CITY: (i) a current survey ("current" is defined to be certified within ninety
(90) days of the Effective Date), prepared by a registered land surveyor or engineer
licensed in the State of Florida showing the boundaries of the Park Land., and the location
of any easements and other matters as reflected on Schedule B II of the title commitment
thereon and certifying the number of acres (to the nearest one thousandth acre) of land
contained in the Park Land, all buildings, improvements and encroachments; and (ii) a
correct legal description of the Park Land which, upon approval thereof by CI1Y and
1950 (not to be unreasonably withheld, conditioned or delayed), shall be the legal
description used in the Deed. The survey shall be certified to 1950, CI1Y and the title
insurance company issuing the title insurance.
(4) In the event the survey shows any material encroachments, strips, gores, or
any portion of the land non contiguous to any other portion of the Park Land or any other
matter materially affecting the intended use of the Park Land or marketability of title to
the Park Land (any such matter is herein called a "Survey Objection" and treated as a title
defect), CITY shall have a period of thirty (30) days after receipt of the survey within
which to approve or disapprove any survey objection and to give notice to 1950 of any
disapproval thereof indicating in reasonable detail the nature and reasons for CITY's
objection. In the event CI1Y provides a notice of disapproval of a survey objection to
1950, the rights and obligations of the parties respecting such objections shall be
governed by Section 2.F .(2) hereof such that the parties shall have the same rights and
objections as though such survey objection objected to was a new exception to title which
was discovered and objected to within the contemplation of Section 2.F.(2).
(5) RISK OF LOSS. Risk of loss or damage from fire, other casualty, or both,
is assumed by 1950 until the Deed is delivered by 1950 to CITY. In the event any
Page 7 of 13
portion of the Park Land is destroyed by fire or other casualty then the following shall
apply:
a) If the damage, as detennined by the insurance adjuster, is not more
than Five Hundred Thousand ($500,000.00) Dollars: (i) CITY shall
proceed to close the transaction contemplated herein and all insurance
proceeds relating to the improvements damaged by such casualty shall
be paid to the CITY, and (ii) 1950 shall pay to CITY on the Closing
Date the full amount of any deductible under 1950'S fire and ex.tended
coverage insurance policy applicable to said damage; or
b) If the damage, as determined by the insurance adjuster, is more than
Five Hundred Thousand ($500,000.00) Dollars, CITY shall have the
option to (i) proceed to close the transaction contemplated herein and
collect all available insurance proceeds relating to the improvements
damaged by such casualty, in which case 1950 shall pay to CI1Y on the
Closing Date the full amount of any deductible under 1950'S fire and
extended coverage insurance policy, or (ii) terminate this Agreement and
receive a refund of the Earnest Money and interest earned thereon. 1950
warrants that it shall maintain until the Closing Date adequate "All Risk"
property insurance.
(6) TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth in
this Agreement, the Park Land shall be conveyed subject only to the Permitted
Exceptions as indicated in Exhibit C, water lines, sanitary sewer, drainage, gas
distribution, electrical and telephone easements of record. It shall be the sole and
ex.clusive responsibility of the CITY to relocate any utilities and any such relocation costs
and expenses shall be borne by the CITY. CITY shall, in the event of any relocation of
the utilities, provide to the City or the appropriate service provider, easements for the
relocated utilities.
H. CLOSING COSTS. Upon Closing all expenses incurred which shall include the
obtainment of title insurance and documentary stamps to be affixed to the Deed and the
recording of the Deed shall be borne by 1950.
3. PARK IMPACT FEE CREDIT ESTABLISHMENT AND UTILIZATION
Upon conveyance of the Park Land to the CITY, the CITY agrees to establish a park
impact fee credit in the amount of One Million Nine Hundred Seventy Five Thousand One
Hundred Seventy Four and 66/100 Dollars ($1~975,174.66) for the benefit of 1950, its successors
and assigns (hereinafter referred to as the "Park Impact Fee Credit"). The parties agree that the
Park Impact Fee Credit is to be applied against the CITY park impact fee requirements for
residential development within the Project.
The CITY hereby authorizes 1950 to allocate, subject to the City's consent, which shall
not be unreasonably withheld, conditioned or delayed, from time to time, all or a portion of the
Page 8 of 13
Park Impact Fee Credit to one or more owners of the residential parcels within the Project. Such
transfer shall be made through the issuance of Special Assignment Letters by 1950, which shall
be substantially in the form attached hereto as Exhibit "D". Prior to providing for such transfer,
1950 shall forward to the City Manager the proposed Special Assignment Letter. No later than
fifteen (15) days following the receipt of the proposed Special Assignment Letter, the CITY shall
provide its comments and/or approval of the transfer of the portion of the Park Impact Fee Credit
to 1950. Any failure to respond within said fifteen (15) day period shall be deemed an automatic
approval.
The CITY agrees to honor the Special Assignment Letter if it is presented with an
application for a residential building permit for the construction of residential units within the
Project, and shall credit the applicant the otherwise payable park impact fees up to the amount
provided for in the Special Assignment Letter. Park impact fees shall be credited by the CITY,
as provided for above, on a first come, first served basis, until such time as the total Park hnpact
Fee Credit of$1,975,174.66 has been depleted.
The CITY shall require payment of any current park impact fees by any applicant for a
residential building pennit for the construction of residential units within the Project that has not
presented a Special Allocation Letter, or by any applicant whose Special Allocation Letter credit
limit has been exceeded. The City shall notify 1950 if an applicant pays the park impact fee
while there are credits available. In the event that an applicant pays any current park impact fees
that are associated with residential units to be constructed within the Project, the CITY shall
forward to 1950 an amount equal to the park impact fees collected by the CITY. In the event
that there are still Park Impact Fee Credits remaining, the CITY agrees that it will forward the
payment to 1950, and deduct the amount of the payment from the remaining Park Impact Fee
Credit. Any Park hnpact Fee Credit not specifically assigned in accordance with the above
process shall remain vested with 1950, its successors and assigns.
4. SMU OPEN SPACE AND OTHER REQUIREMENTS
The CITY acknowledges that the Park Land is included in the Project, which has a
current land use designation ofMX-S and is zoned SMU pursuant to the CITY's current zoning
map designations. The SMU zoning regulations require that the Project comply with certain
open space requirements. Pursuant to the relevant land development regulations, the 2.528 acre
portion of the Park Land not included in the donation of the in lieu of park impact fees, was,
upon Project approval, and is to continue to be included in the required open space for the
Project.
The CITY also acknowledges that the eastern forty feet (40') (0.272 acres) of the platted
SMU-P ARK PARCEL that is subject to the pedestrian easement, is not included in the Park
Land conveyance to the CITY. The forty foot (40') pedestrian easement was, upon Project
approval, and is to continue to be included as part of the required open space for the Project.
With these two parcels included as required open space, the CITY found that the Project
complied with the SMU open space requirements when the City approved the Project. The
CITY acknowledges that 1950's conveyance of the Park Land to the CITY shall not cause the
Page 9 of 13
Project to be deemed non-confonning with regard to open space or density requirements, or any
other requirement where the Park Land acreage was included in the Project acreage for purposes
of calculating compliance with the requirement. The CITY acknowledges that as a result of
1950's conveyance of the Park Land to the CITY, the Project complies with the CITY's in lieu
park impact fees requirement, and continues to comply with the CITY's open space and density
requirements.
In the future, the CITY may change the land use designation and zoning of the Park
Land. The CITY agrees and acknowledges that even if the CITY changes the land use and
zoning designations on the Park Land, the 2.528 acres shall continue to be counted toward the
SMU required open space for the Project and shall continue to be counted as part of the Project
acreage for purposes of Project density calculations and the calculation of all other SMU
requirements that are calculated based on project size and the Project shall not become non-
conforming by virtue of any CITY action to change the zoning designation of the Park Land.
5. DEFAULT. If either party defaults in the performance of any of the requirements of this
Agreement, and the defaulting party fails to remedy such default within thirty (30) days after
written notice by the other party of such default(s) (the "Default Notice"), the non-defaulting
party shall have, as one of its remedies for such default the option to pursue an action against the
defaulting party for specific perfonnance of this Agreement.
6. NOTICE
All notices or other communications required or pennitted under this Agreement shall be
in writing and shall be addressed as follows:
As to 1950:
1950 Congress Avenue LLC
c/o Sembler Family Partnership #35, Ltd.
5858 Central Avenue
St. Petersburg, Fl. 33707
Attn: Craig Sher
w/copy to:
The Sembler Company
1540 South Johnson Ferry Road
Suite 100
Atlanta, Georgia 30319
Attn: Jeffery Fuqua
w/copy to:
The Sembler Company
1540 South Johnson Ferry Road
Suite 100
Atlanta, Georgia 30319
Attn: Mike Hagan
w/copy to:
Corbett and White, P.A.
1111 Hypoluxo Road
Page 10 of 13
Suite 207
Lantan~F1.33462
Attn: John Corbett, Esquire
If to City:
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Attn: Kurt Bressner, City Manager
with copy to:
James Cherof, City Attorney
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
7. APPLICABLE LAW
Any litigation arising or relating to this Agreement shall be governed by the laws of the
State of Florida and venue in any such proceeding shall be exclusively in Palm Beach County,
Florida.
8. SUBSEQUENT MODIFICATION
This Agreement may not be modified or terminated except by written agreement signed
by all the parties.
9. BINDING AGREEMENT
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
heirs, assigns and successors in interest.
10. SEVERABILITY
Inapplicability or unenforceability of any provision of this Agreement shall not limit or
impair the operation or validity of any other provision of this Agreement.
11. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be an
original, but together such counterparts shall constitute only one instrument.
12. EFFECTIVE DATE
The Effective Date of this Agreement shall be the date the CITY executes the Agreement.
Page 11 of 13
13. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement among the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Special Allocation Agreement
on the date set forth above.
1950 CONGRESS AVENUE, LLC, a
Florida limited liability company
By: Sembler Family Partnership #35, Ltd., a
Florida limited partnership, its Manager
By: Sembler Retail, Inc. a Florida corporation,
its General Partner
(SEAL)
By:
Jeffrey S. Fuqua, Vice President
Date:
STATE OF FLORIDA )
) 55
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared Jeffiey S. Fuqua, Vice President of Sembler Retail, Inc.,
a Florida corporation, as General Partner of Sembler Family Partnership #35, Ltd.., as manager
of 1950 Congress Avenue, LLC, a Florida limited liability company, who is personally known to
me or who has produced as identification, and acknowledged executing the foregoing Agreement
as the proper official of Sembler Retail, Inc., a Florida corporation, as General Partner of
Sembler Family Partnership #35, Ltd.., as manager of 1950 Congress Avenue, LLC, a Florida
limited liability company for the use and purposes mentioned therein and that the instrument is
the act and deed of Sembler Retail, Inc., a Florida corporation, as General Partner of Sembler
Family Partnership #35, Ltd.., as manager of 1950 Congress Avenue, LLC, a Florida limited
liability company.p
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this day of , 2008.
Notary Public, State of Florida
Page 12 of13
A TrEST:
CITY OF BOYNTON BEACH
a Florida municipal corporation
BY:
Janet Prainito, City Clerk
Jerry Taylor, Mayor
Approved as to Form:
(SEAL)
Office of the City Attorney
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned, this _ day of , 2008, personally
appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the City of Boynton Beach.
( ) personally known
Notary Public, State of Florida
October 31, 2008
Page 13 of 13
EXHIBIT" A"
LEGAL DESCRIPTION OF PARKLAND
o ESCRIPl1ON:
SMU-PARK PARCEL. BOYNTON TOVtN CENTER, A P.C.D. ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK loe, PAGES 144 THROUGH 151 OF 1HE PUBWC RECORDS OF PALM BEACH
COUNTY, FLORIDA. LESS AND EXCEPTING THE EASTERLY 40.00 FEET THEREOF.
SAID LANDS SITUATE IN THE CITY OF BO'tNTON BEAct!, pALM BEACH COUNTY. FLORIDA.
CONTAINING 205,750 SQUARE FEET/4.723 ACRES t.4ORE OR LESS.
SUBJECT TO EASEMENTS. RESTRICTIONS. RESERVATIONS, COVENANTS. AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAllO 'UNLESS SEALED W11li AN OotBOSSED
SURVEYOR'S SEAL .
2. LANDS SHO~ HEREON ARE NOT ABSTRAC'TED FOR RIGHTS-OF -WA Y; EASEMENTS, OWNERSHIP. OR
OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHO~ HEREON ARE RELATIVE TO A BE:ARING OF N.S9"48'5rE ALONG l'HE NORTH UNE
OF SMU-PARK PARCEL. BOYNTON TOWN CEN1ER, A P.C.D
4. THE -LAND DESCRIPTION- HEREON WAS PREPARED BY nlE SURVEYOR.
5. DATA SHOw.! HEREON w~ COt-tPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH. .
6. RUE - DENOTES ROAD AND UTlWTY EASEMENT
7. LAS: -' DENOTES UMITED ACCESS EASEMENJ
8. LBE - DENOTES LANDSCAPE BUFFER EASEUENT
9. O.R.B. - DENOTES OFFICIAL RECORD BOOK
10. d - DENOTES CEHlRAL ANGLE
11. R - DENOTES RADIUS
12. L - DENOTES ARC LENGTH
CERl1F1CA TE:
I HEREBY CERllFY THAT THE ATTACHED SKETCH OF' DESCRIPTION or THE HEREON'DESCRlBED
PROPER'N IS TRUE AND CORRECT TO THE: BEST Of MY KNOWLEDGE AND BEUEF AS PREPARED
UNDER MY DIRECllQN ON JULY 10, 2008. I FURTHER CERTIFY THAT THIS Sl<ETCH OF DESCRIPTION
MEETS THE MINIMUM lECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOP1ED BY THE
FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATU'TES 472.027.
CAULFIELD a WHEELER. INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE IOOA
BOCA RATON. FLORIDA 33433
PHONE (561)-392-1991 I FAX (561)-750-1452
DAVID P. WNDLEY
GISiERED LAND
URVEYOR NO. 5005
5T A TE OF FLORIDA
LB. 3591 .
SHEET 1 OF 2
DATE 7 10 08
JC
N A
SCALE AS SHOWN
JOB NO. 4874PARK
A PORllON OF
SWU-PARK PARCEL. BO'YNTON TOWN CENlER. A P.C.D
OF 0 Pll
L.AKE WORTH DRAINAGE OISlRICT EQUALIZING CANAl E-4 ) E. UNE OF SMU - PARK PARCEL
180' CANAL RIGHT-OF'-WAY (PlAT BOOK 39, PAGES 133-134 I
- SOO'41'03-E 29!5.41' -.
589'4B'SrW NOT ~ "OED 589'04-8'57 --S.E: CORNER OF
40 00' In\rio\I 40.00 SMU - PARK PARca
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SWU - PARI< PARCEl.. I I , ~ N
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CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
7:501A W. PALMETTO PARK ROAD. SUITE IOOA
BOCA RA'TON, FLORIDA 3.343.3
PHONE 561)-392.IQ91 I FAX (561)-750-1452
40' PEDESTRIAN EASEt.l7T
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DATE 7 10 08
DRAWN BY JC
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SCALE AS SHOWN
JOB NO. 4874P ARK
EXHffiIT "B"
LEGAL DESCRIPTION OF 12 FOOT WIDE IRRIGATION LINE EASEMENT
.------"
,. -/
OESCR1PllON: 12 FOOT WIDE EASaAENT
A 12.00 FOOT WlCE SiRIP OF LAND I.'l'ING V<<THIN SMU-PARK PAACfl.. BOYNTON TOWN CENTER. A. P.C.O.
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 106, PAGES 144 THROUGH 151 OF THE PUBUC
RECORDS OF PALM BEACH COUNTY, FtORlOA, BEING lolORE PARTlCUI.ARI.. Y DESCRIBED AS FotLOWS:.
COWIllENClNG AT THE SOUTHEAST CORNER OF SMU-PARJ( PARCEl.; THENCE S.a9'4a'57~W ALONG irlE SOUTH UNE
THEREOF, A DtSTANCE OF 40.00 FEET; THENCE N.OO'4-1'OJ-W, ALONG A UNE 40.00 FEET WEST OF' (AS IwlEASURED
AT RlCHT ANGLES TO) AND PARALLEl. WITH THE EAST UNE OF SAID SMU-PARK PARCEL, A DISTANCE OF 2B3....1
FEET TO THE POINT OF BEGINNING; THENCE S.89'48'SrW. ALONG A UNE 12.00 FEET SOUlH OF (AS MEASURED
AT RIGHT ANGLES TO) AND PARALLEl.. ....lH n-tE NORTH UNE OF SAID SMU-~ARK PARCEl... A DISTANCE OF
227.72 f'EET; THENCE S.86"27'5S-W., A DISTANCE OF 237.88 FEET; THENCE N. 61 "52'4-3"W, , A DISTANCE OF 29..32
FEET; THENCE S.89'48'S7"W. AlONG A UNE 12.00 FEtT SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) AND
PARAU.EL WITH THE NORlH UNE OF' SAID SUU-PARK PARCEL. A DISTANCE OF 222.7-4 FEET TO A POINT OF
INTERSECllON WllH tHE EAST UNE CJF lHAT CERTAIN 10 FOOT WIDE ROAD AND UlIUTY EASEWENT, AS SHOWN ON
SAID BOYNTON TOWN CENTER, A P.C.D, SAID POINT BEING ON A NON TANGENT CUR~, CONCAVE TO irlE WEST,
OF WHICH THE RADIUS POINT UES S.72"3S'19"W., A RADIAL DISTANCE OF 656.50 FEET; THENCE NORirlERLY
ALONG 1HE ARC OF' iHE EAST UNE OF SAID ROAD AND unuTY EASEliEl'l/T, THROUGH A CENTRAl ANGLE OF'
01'05'58", A DISTANCE OF 12.S0 FEET TO A POINT OF INTERSECTION W1lH THE NORTH UNE OF SAIO SMU-PARK
PARCEL; THENCE N.S9'4a'S7"E. ALONG SAID NORTH UNE, A DISTANCE OF' 229.60 FEET; THENCE S.S1"S2'43"E., A
DISTANCE OF 28.9'" FEET; 1liENCE N.aS"27'5S-E.. A DISTANCE OF 234.8.3 FEET TO A POINT OF INTERSECTION
v,,111 TI-lE NORTH UNEo OF SAID SMU-P,t.RK .PARCEI.; THENCE 1t.8go48'57"'E. ALONG SAID NORiH UNE, A DISTANCE
Of 227.97 FEET; THENCE S.OO'41'03"E. ALONG A UNE 40.00 FEET WEST Of (AS MEASURED AT RiGHT ANGLES
TO) AND PARAL.I.fl.. WITH THE EAST UNf: OF SAID St.4U-PARK PARCEL, A DISTANCE OF 12.00 FEET TO THE
POINT Of BEGINNING. .
SAID lANDS SI1\JA1C: IN irlE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
SUa..eCT TO EASEMENTS, RESTRICTIONS, RESERVAilONS, COVENANTS. AND RIGHTS-OF-WAY OF RECORD.
NOTEs;
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUO UNLESS SEAlED 'Mirl AN EMBOSSED SUR\ftYOR'S SEAL
2. LANDS SHO'Mtf HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY. EASEMENlS, OWNERSHIP, OR OiHER
INSTRUMENTS OF RECORD. ..
3. BEARINGS SHO'M'l HEREON ARE REU TIVE TO A BEARING OF N.B9'48'57-E ALONG THE NOR1H UNE OF
SMU-PARK PARCEL. BOYNTON TO\\W CENiER, A P.C.D
4. lHE "LAND DESCRlPllON" HEREON WAS PREPARED BY THE SUR'JEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD
. SURVEY AS SUCH. .
S. RUE - DENOlES ROAD AND UlIUTY EASEMENT
7. LAE - DENOiES UMnm AcctSS EASEMENT
B. LBE - DENOiES LANDSCAPE BUFfER EASEMENT
9. a.R.B. - DEN01ES OFFICIAL RECORO BOOK
10. f1 - DENOlES CEN1RAL ANGLE
11. R - OENOl'ES RADIUS
12. l - DENOTES ARC lENGTH
CERllFlCA iE: '.
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF OESCRlPilON OF THE HEREON DESCRIBED PROPERTY IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEWEr AS PREl'ARED UNDER MY DIRECTION ON JJLY 10,
2008. I FURTHER CER11FY lHo6.T THIS SKETCH OF DESCRIPllON lolEE1'S THE MINIMUM iECHNICAL STANDARDS SET
FOR1H IN CHAP1ER 61G17-6 ADOP1ED BY irlE FlORIDA BOARD OF' SURVEYORS AND MAPPERS PURSUANT TO
F1.ORIDA STATUTES 472.027.
CAULFIELD 8 WHEELER, INC.
';, . CIVIL ENGINEERING - LAND PLANNING
.{' LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETto PARK ROAD - SUITE IOOA
BOCA RATON. FLORIDA 33433
PHONE 561)-392-1991 I FAX (561 750-1452
. SHEET 1 Of' 2
DATE 7 10 DB
ORAWN BY
F.B. PG.
II
=TON TOWN CENTER
12' EASEMENT
CH r;y; DESCRIp'llON
AVID P. LINDLEY
EGlSTEREO ~D
II SURVEYOR NO. 5005
STA TE OF Fl.ORIDA
.8. 3591
SCALE
JOB NO.
AS SHOWN
4874102
LAKE WORTH DRAINAGE DISTRICT EQUAUZlNG CANAL E-4 E. UNE OF SMU PARK PARCEl
160' CANAL RIGHT-OF-WAY (PLAT BOOK 39, P,o\GES 133-134) r . - - I
SOO"41'g3 S89!4,.8'?,7"W ---POINT lw COWUENCEJ.tE)IT
12.00 40.00 S.E. CORNER OF
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CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING.. LAND PLANNING
LANDSCAPE ARCHITECTURE - SuRVEYING
. 7S0lA W. FALMETTO PARK ROAD - SUITE lOOA
BOCA RATON, FLORIDA 33433
PHONE (561)-.392-19911 FAX 56J)-75Q-ll.52
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DATE 6 30 08
ORA WN BY
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JC
N A
SCALE AS SHOWN
JOB NO. 4874102
EXHIBIT "e"
FORM OF DEED OF CONVEYANCE
,
( ,
Instrument Prenarecl bv and
After Recordlntr Return To:
Michael A. Schroeder. Esq.
Michael A. Schroeder. PL
Suite 400 East Tower
2300 Glades Road
Boca Raton. Florida 33431
Property Appraisers Parcel LO. Number. 08-43-45-20-29"() 16-0000
SPECIAL WARRANTY DEED
TIDS INDENTURE is made the _ day of , 2008, by 1950 CONGRESS
AVENUE, LLC, a Florida limited liability company, whose mailing address is c/o Sembler Family
Partnership #35, Ltd., 5858 Central Avenue, St. Petersburg, Florida 33707 (hereinafter called the
"Grantor") to City of Boynton Beach, a Florida Municipal corporation, second party, having
its principal place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida
33435 (hereinafter called the "Grantee") (wherever used herein the terms "Grantor" and "Grantee" shall
include Grantor and Grantee and their respective successors and assigns):
WIT N E SSE T H:
FOR AND IN CONSIDERATION OF the sum ofTEN AND NO/lOa DOLLARS ($10.00), in
hand paid at and before execution, sealing and delivery hereof, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor has granted,
bargained, sold, conveyed, aliened and confirmed and by these presents does grant, bargain, sell, convey,
alien and confum Wlto Grantee, its successors and assigns, all that tract or parcel of land situate in Palm
Beach County, Florida, being more particularly described in the sketch and legal described on
Exhibit "A", attached hereto and incorporated herein by this reference ("Property").
TO HAVE AND TO HOLD said tract or parcel of land, together with any and all of the rights,
members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only
proper use, benefit and behoof of Grantee forever, in FEE SIMPLE; and subject to the title matters set
forth on Exhibit "B" attached hereto.
GRANTOR HEREBY COVENANTS with Grantee that Grantor is lawfully seized of the
above-described property in fee simple and that Grantor has good right and lawful authority to sell and
convey said property.
GRANTOR HEREBY WARRANTS and will forever defend all right, title and interest in and
to the above-described property unto Grantee and the heirs, successors and assigns of Grantee against the
lawful claims of all persons claiming by, through or under Grantor, but against none other, subject to the
matters set forth in Exhibit "B" hereto.
903134-1 4709.0280000
GRANTOR HEREBY RESERVES for itself and for the BOYNTON TOWN CENTER
MASTER ASSOCIATION, INC., a Florida corporation, not for profit ("Association") and the
Association's successon and/or assigns, (i) an easement for underground water lines and/or other
appropriate purposes incidental thereto, on, over and across the property described in the sketch and legal
attached hereto and marked Utility Easement Area on Exhibit "C" ("Utility Easement Area'') ; and (ii) an
easement for signage on, over and across the property described in the sketch and legal attached hereto
and marked Signage Easement Area on Exhibit "D" ("Signage Easement Area"), which signage shall
conform to City of Boynton Beach Code for Signage, together with a right of ingress to and egress from
the Utility Easement Area and the Signage Easement Area, on over, across and through the Property, to
construct, operate, maintain, repair, install, replace, rebuild and remove facilities structures,
improvements and their appurtenances for the stated purpose.
Further reserving unto Grantor and the Association a right of ingress and egress across the
Property for access to the pump station served by the lines located in the Utility Easement Area, which
pump station is located in the East 40' of SMU-PARK PARCEL, BOYNTON TOWN CENTER, A
P.C.D., according to the Plat thereot: recorded in Plat Book 106, page 144, of the Public Records of Palm
Beach County, Florida.
By joinder and consent hereof, Association hereby represents to Grantee that if any portion of the
Utility Easement Area or Signage Easement Area are disturbed by installation, operation, maintenance,
replacement or removal activities or other activities performed by or on behalf of Grantor or Association,
said surface and improvements shall be promptly restored by Association to their condition just prior to
such disturbance.
GRANTOR hereby grants to Grantee the right to relocate the Utility Easement Area in the
future, specifically upon the agreement and understanding that any such relocation shall be at Grantee's
sole cost and expense, including reinstalling of the lines in confonnance with those lying in the Utility
Easement Area as of the date hereof and the reconnection of such lines to the existing lines and pump
station lying outside of the Property as of the date hereof. Grantee will advise the Association, in writing,
at least 30 days prior to the relocation of such lines and will relocate same in a manner which causes
minimum disruption in service by such lines to properties lying within the Plat of Boynton Town Center,
a P.C.D., recorded in Plat Book 106, Page 144, of the Public Records of Palm Beach County, Florida and
shall pursue such relocation on a regular City work schedule in an uninterrupted manner once
commenced.
IN WITNESS WHEREOF, the Grantor has caused. this Indenture to be executed under seal as
of the day and year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of:
1950 CONGRESS AVENUE, LLC, a Florida
limited liability company
Print Name:
By: Sembler Family Partnership #35, Ltd., a
Florida limited partnership, its Manager
Print Name:
By: Sembler Retail, Inc. a Florida
corporation, its General Partner
By:
JEFFREY S. FUQUA
Its: PRESIDENT
- 2-
903134-14709.0280000
ST ATE OF GEORGIA
COUNTY OF DEKALB
The foregoing instrument was acknowledged before me on the _ day of ,2008 by
JEFFREY S. FUQUA, as PRESIDENT ofSembler Retail, Inc. a Florida corporation, the General Partner
of Sembler Family Partnership #35, Ltd, a Florida limited partnership, the manager of 1950 Congress
Avenue, LLC, a Florida limited liability company. on behalf of the company, he is personally know to
me.
Notary Public - State of Georgia
My Commission Expires:
My Commission Number:
My Notary Seal:
- 3 -
903134-1 4709,0280000
JOINDER AND CONSENT OF MASTER ASSOCIA TJON
The undersigned is executing this Joinder and Consent to the Special Warranty Deed to
indicate is joinder and consent and acceptance of the terms, conditions and obligations under the
foregoing reserved easements and of the undersigned's specific obligations with regard to the same
and to evidence its consent to the conveyance of Property as set forth in the foregoing Special
Warranty Deed.
Print Name
Print Name
STATE OF
)
) ss:
)
COUNTY OF
BOYNTON TOWN CENTER MASTER ASSOCIATION,
INC., a Florida corporation, not for profit
By:
Its:
The foregoing was acknowledged before me this _ day of , 2008 by
, the of BOYNTON TOWN CENTER MASTER ASSOCIATION, INC., a
Florida corporation, not for profit, on behalf of the corporation. He/She is personally
known to me or _ has produced as identification.
My Commission Expires:
My Commission Number:
My Notary Seal:
9031.34-1 4709.0280000
Notary Public, State of
-4-
EmmIT A
LEGAL DESCRIPTION
9031.\4-1 4709.021lOOO0
DESCRIPTION:
SMU-PARK PARCEL, BOYNTON TOWN CENTER, A P.C.D, ACCORDING TO 1JiE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 106. PAGES 144 THROUGH 151 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS AND EXCEPl1NG THE EASTERLY 40.00 FEET THEREOF'.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH. PALM BEACH COUNTY, FLORIDA.
CONTAINING 205,750 SQUARE FEET /4.723 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS. RESERVATIONS, COVENANTS, AND RIGHTS-OF -WA Y OF
RECORD.
NOTES:
1. REPRODUC110NS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WlTH AN EMBOSSED
SURVEYOR'S SEAL
2. LANDS SHO'M'l HEREON ARE NOT ABSIRACTED FOR RIGHTS-OF-WAY, EASEMENTS. OWNERSHIP, OR
OTHER INSTRUMENTS Of RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF N.B9'4B'S7"E ALONG TriE NORTri UNE
OF SMU-PARK PARCEL. BOYNTON TOWN CENiER, A P.C.D
4. TriE "LAND OESCRlPTlOW HEREON WAS PREPARED BY TriE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUf,AENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
6. RUE - DENOTES ROAD AND UTlUTY EASEMENT
7. LAE - DENOTES LIMITED ACCESS EASEMENT
8. LBE - DENOTES LANDSCAPE BUFFER EASEMENT
9. O.R.B. - DENOiES OffiCIAL RECORD BOOK
10. A - DENOTES CENTRAL ANGLE
11. R - DENOTES RADIUS
12. L - DENOTES ARC LENG'Iri
CERTlFlCATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF" DESCRfPTlON OF" THE HEREON DESCRIBED
PROPERTY IS "TRUE AND CORRECT TO THE BEST OF MY KNOWlEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON JULY 10, 2008. I FURTriER CERTIFY lHAT THIS SKETCH OF DESCRIPTION
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE
F"LORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
. CAULFIELD & WHEELER, INC.
n':~ "L,;",;'j CIVI:... E,'1~J~JEER/NG . LAND PLANI'dNG
;':::'ji';i:;. ,> ,I _AN)SC~;>E ARCH'ECTURE _ SURVEYING
~~:,.;.j.;.W;;f-#,) 730lA w. PALME7TO f'A~K ~:A:::J . SUI"7E lCOA
;-,..'J ''';;::,; ~ii" BOCA RA "'01-., ~LOR!Dtl 33433
;oI-;OI\.E (56!)-:39Z-.9911 =AX (561)-750-1402
AVID P. LlNDLEY
EGISTERED LAND
SURVEYOR NO. 5005
STA TE OF FLORIDA
L.B. 3591
SHEET 1 OF 2
DATE 7 10 08
DRAWN BY JC
F.B.! PG. N A
SCALE AS SHOWN
JOB NO. 4874PARK
A PORll0N OF'
SMU-PARK PARCEL, BOYNTON TOWN CENTER. A ?C.D
SKETCH OF 0 IPTI N
~Ai<E WORTH DRAINAGE DISTRICi EOUALIZING CANAL [-4_ . _:: liNE OF SML - ;::JARK PARCEL
lBO' CANAL RIGHi-OF-WAY (PLAT BOOK 39. PAGES. ~~3;"~j4) ,;/_
/- 500 4 I 0" Co 295.41TI i
589'48'S7.W S89'48'SrW -----S.t:. CORN::R OF
40' P""DESTRIAN EASE7ENT.J I 58'40 DO' NOT INCWDED 40.00 . SMU - PARK PARCEL
, /""" - ~ . SOcr~1'03~ 29S.41, :
;- - - - - - - - - - - - ,
, N.':::. CORNER OF ~
SMU - PARK PARCEL
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R~cE CO~""T "'"I
SP1NE ROAD I fV\>o'
A PORTION OF
SWU - PARK PARca
(PLAT BOOK 106, PAGES 144-151)
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DRAWN BY JC'
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SCALE AS SHOWN;
!
JOB NQ 4874PARK
A PORTION OF
SMU-PARK PARCEL. BOYNTON TOWN CENTER, A P.C.D
SKETCH OF DESCRIPTION
EXHmlT B
PERMITTED EXCEPTIONS
1. Taxes and assessments for the year 2008 and subsequent years not yet due and payable.
2. Master Declaration of Covenants, Restrictions and Easements recorded in Official Records Book
19557, Page 21.
3. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the
Plat of Boynton Town Center, as recorded in Plat Book 106, Page 144.
4. Cross Access Easement Agreement recorded in Official Records Book 18288, Page 1218.
5. Easement in favor of Florida Power and Light Company recorded in Official Records Book
21681, Page 1047.
All of the Public Records of Palm Beach County, Florida.
THE RECITAL OF THE FOREGOING SHALL NOT SERVE TO REIMPOSE SAME.
903134.1 4709.0280000
EXHIBIT "'C" SKETCH AND LEGAL OF RESERVED UTILITY EASEMENT AREA
903134-14709.028??oo
.-
-"
-"
"
DESCRfPl1ON: 12 FOOT WIDE EASEMENT
'" 12..00 FOOT WIDE SiRlP OF LAND L'Y\NG WITHIN SMU-PARK PARCa, BOYNTON TOWN CEN~R, A P.C.D,
ACCORDING TO THE PLAT THEREOF', AS RECORDED IN PLAT BOOK 106, PAGES 144 THROUGH 151 OF THE PUBUC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTlCUI..ARL Y DESCRISED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF" SMU-PARK PARCEL; THENCE S.89"4S'S7"W ALONG THE SOUTH UNE
THEREOF, A DISTANCE OF' 40.00 rEET; THENCE N.OO'4"O.:s"W.. ALONG A UNE 40.00 FEET WEST OF (AS MEASlIRe:O
AT RIGHT ANGLES TO) AND PARALLEl.. WITH THE EAST UNE OF SAID SMU-PARl< PARCEL, A DISTANCE OF 283.41
fEET TO THE POINT OF BE:GlNNlNG; THENCE S.89"4S'S7"W. ALONG A UNE 12.00 FEET SOUlH OF' (AS MEASURED
AT RIGHT ANGLES TO) AND PARALlEL WITH THE NORTH UNE OF SAID SMU-PARK PARCEl, A DISTANCE Of'
227.72. rEET; lHENCE S.B6"27'55.W., A DISTANCE OF" 237.88 FEET; THENCE N.61'S2'43.W., A DISTANCE OF' 29.32
rEET; THENCE S.B9"4B'S'-W. ALONG A UNE 12.00 FEET SOU1r{ Of' (AS MEASURED AT RIGHT ANGLES TO) AND
PARAU.a WITH THE NORTH UNE OF" SAID SMU-PARK PARCEL. A DISTANCE OF 222,74 FEET TO A POINT OF
INiERSECilON WliH THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE: ROAD AND UTlUTY EASalENT, AS SHOWN ON
SAID BOYNTON TOWN CENTER, A P.C.O, SAID POINT BEING ON A NON TANGENT CURVE. CONCAVE TO THE WEST,
OF WHICH THE RADIUS POINT UES 5.72'3S'19"W., A RADIAL. DISTANCE OF 656.50 FEET: THENCE NORTHERLY
ALONG lHE ARC OF 'THE EAST UNE OF SAlD ROAD AND UnUTY EASEMENT, THROUGH A CENTRAL ANGLE OF'
0''05'58", A DISTANCE OF" 12.60 FEET TO A POINT OF' IN1ERSEClloN WITH 'THE NORTH UNE Of SAlO SMU-PARK
PARCEL; THENCE N.89"4S'57"E. ALONG SAID NORTH UNE, A DISTANCE Of" 229.60 FEET; THENCE S.6''S2'43RE., A
DISTANCE OF 28.94 FEET; THENCE N.86'27'55"E., A DISTANCE OF 234.83 FtET TO A POINT OF' INTERSECTION
W1TJoi THE NORiH UNE' OF SAID SMU-PARK PARCEL; THENCE N.BS"4S'S7"E. AL.ONG SAlD NORTH UNE, A DISTANCE
or 227.97 FEET; THENCE S.OO'41'O:sRE. ALONG A UNE 40.00 FEET WEST OF (AS MEASURED AT RiGHT ANGLES
TO) AND PARALLEL WITH THE EAST UNE OF' SAID SMU-PARK PARCEL, A OIST~ct OF 12.00 FEET TO THE
POINT OF BEGINNING. "
SAID LANDS SI'TlJAIT IN THE CITY OF' BOYNTON BEACH, PALM BEACH COUNTY, FLORIO....
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RtGHTS-QF-WA Y Of RECORD.
NOlE~
I. REPRODUCTIONS Of THIS SKETCH ARr NOT VAUD UNLESS SEAlED WITH AN EMBOSSED SURVEYOR'S SEAL
2. LANDS SHOVIW HEREON ARE NOT ABSTRAC'TED FOR RIGHTS-OF-WAY. EASEMENTS, OWNERSHIP, OR OTHER
INS1RUMENTS OF' RECORD. ..
3. BEAR1NGS SHOWN HEREON ARE RELATIVE TO A BEARING Of N.89"4a'S7.E ALONG THE NORTH LINE OF'
SMU-PARK PARCEl., BOYNTON TOWN CEN'TER. A P.C.D
4. 'THE "LAND OESCRlPl100. HEREON WAS PREP ARED BY iHE SURVEYOR.
5. DATA SHOYttol HEREON WAS COMPilED rROM iHE INSTRUMENT OF' RECORD AND DOES NOT CONSTITUTE A FIELD
. SURVEY AS SUCH.
6. RUE - DENOTES ROAD AND UTlUTY EASEMENT
7, LAE - DENOTES UMITED ACCESS EASEt.lENT
8. LBE - DENOTES LANDSCAPE BUrF'ER EASEMENT
9. O.R.B. - DENOTES OFFICM.L RECORD BOOK
10. A - DENOTES CENTRAL ANGLE
". R - DENOTES RADIUS
12. L - DENOTES ARC LENGTIi
CERl1F1CA TE: .
, HEREBY CER'TlFY THAT THE ATTACHED SKETCH OF' OESCRIP'TlON OF THE HEREON DESCRIBED PROPERTY IS TRUE
AND CORRECT TO THE BEST OF' MY KNOWLEDGE AND BELIEF AS PRE?ARED UNDER MY D1RECilON ON .AJL"t 10,
2008. I FUR7HER CERTIFY THAT THIS SKETCH Of" DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH IN CHAP1t:R S1Gi7-6 ADOPTED BY THE FLORIDA ElOARD OF' SURVEYORS AND MAPPERS PURSUANT TO
FLORIDA STATUTES 472.027.
CAULFIELD a WHEELER, INC,
CIVIL E"lGINEERING - LAND PLANNING
LAi\lDSCAPE ARCHITECTURE - suqVEY;NG
7301A W. PALMEiTO PARK ROAD. SUITE rOOA
BOCA RATON, FLORIDA .3~L.S:S
PHONE (561 -3~2-1991 I FAX (561)-750-1<.52
DAVID P. LINDLEY'
EGlSTERED LAND
II SURVEYOR NO. 5005
STA TE OF rLORIOA
.B. 3591
II
BOYNTON TOWN CENTER
12' EASEMENT
SKETCH OF' DESCRIPl10N
DRAWN BY
F.B. PG.
SCALE AS SHOWN
JOB NO. 48741Q2
LAKE WORT\-', DRAINAGE DISTRICT EOUALlZING CANAL E-4
180' CANAL RIGHi-OF-WAY (PLAT BOOK 39. PAGES 133-' 34)
FE. LiNE OF SMU - PARK PARCEL.
I i
500"~1'03"E S89'4B'~5]7W I ,-POINT O. F COMMENCEMENT
12.00' 40.00 I S.E. CORNER OF
.-=-. _ _ NO~(Q.:LW_283.4i'_ _ _ -4' SMU - PARK PARCEL
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SKETCH OF DESCRIPTION
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N/A I
AS SHOWN
DRA'IllN BY
F.B./ pc.
SCALE
JOB NO.
4874-IQ2 l
EXHIBIT "D" SKETCH AND LEGAL OF RESERVED SIGN AGE EASEMENT AREA
903134-14709.0280000
<E=~
o
C'l
SMU - PARK PARCEL
BOYNTON TOWN CENTER. A P.C.D
(PLAT BOOK 106. PAGES "44-151)
WEST UNE OF SMU - PARK PARCEL
(BEARING BASIS)
SPINE ROAD TRACT
RENAISSANCE COMMONS BLVD
BOYNTON TOWN CENlER. A P.C.D
(PlAT BOOK 106, PAGES 144-151)
I
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CAULFIELD a WHEELER. INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE IOOA
BOCA RATON. FLORIDA 334.33
PHONE (561 -392-1991 / FAX (561)-750-14.52
SIGN EASEMENT
SMU-PARK PARCEL. BO~TON TOWN CENTER. A P.C.D
SKEtCH OF DESCRIPllON
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S.W. CORNER OF . /1
\ SMU - PARK PARCEL
BOYNTON TOWN CENTER. A P.C.D I
(PLAT BOOK 106, PAGES 144-151) :
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SHEET 2 OF 2
DATE 10/14 08
DRAWN BY JC
F.B. PG. N A
SCALE AS SHOWN
JOB NO. 4874SIGN
EXHIBIT uD"
FORM OF SPECIAL AS SIGNMENT LEITER
1950 Congress Avenue, LLC, a Florida limited liability company, hereby assigns park
impact fee credits from the Boynton Village Project in the amoWlt of $ for
use by in receiving building permits for the
following development:
on the following parcel ofland within the Project:
The assigned amoWlt of park impact fee credit shall be deducted from the available park
impact fee credit for the Project.
1950 CONGRESS AVENUE, LLC, a
Florida limited liability company
By: Sembler Family Partnership #35, Ltd., a
Florida limited partnership, its Manager
By: Sembler Retail, Inc. a Florida corporation,
its General Partner
By:
Jeffrey S. Fuqua, Vice President
Instrument Prepared bv aud
After Reeordlnl!' Return To:
Michael A. Schroeder, Esq.
Michael A. Schroeder, P.L.
Suite 400 East Tower
2300 Glades Road
Boca Raton, Florida 33431
Property Appmisc~ Parcell.D. Number: 08-43-45-20-00-000-7010
OUIT CLAIM DEED
THIS INDENTURE is made the 11 i~ day of \\\OUfMbLG 2008, by 1950
. . CONGRESS AVENUE, LLC, a Florida limited liability company, whose mailing address is c/o
Sembler Family Partnership #35, Ltd., 5858 Central Avenue, St. Petersburg, Florida 33707
(hereinafter called the "Grantor") to City of Boynton Beach, a Florida Municipal corporation,
second party, having its principal place of business at 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435 (hereinafter called the "Grantee") (wherever used herein the
tenns "Grantor" and "Grantee" shall. include Grantor and Grantee and their respective successors
and assigns):
WITNES SETH:
WITNESSETH, That the said Grantor, for and in consideration of the sum of TEN
DOLLARS ($10:00) AND NOll 00 in hand paid by the said Grantee, the receipt whereof is
hereby acknowledged, does hereby remise, release and quit-claim unto the said Grantee forever,
all the right, title, interest, claim and demand which the said Grantor has in and to the following
described lot, piece or parcel of land, situate~ lying and being in. the County of Palm Beach State
of Florida, to wit:
SEE EXHffiIT IIA" ATIACHED HERETO AND MADE A PART HEREOF -BY
REFERENCE
TO HA VE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining~ and all the estate, right, title, interest~ lien, equity
903134- J 4709.0280000 .
/
I
and claim whatsoever of the said Grantor, either in law or equity, to the only. propet use~.. benefit. .
and behoof of the said Grantee forever.
IN WITNESS WHlmEOF, the Grantor has caused this Indenture to be executed under seal as
of the day and year first above written.
Signed, sealed and delivered
in the pres e of:
1950 CONGRESS AVENUE, LLC,a Florida
limited liability company
By: Sembler Family Partnership #35, Ltd., a
Florida limited partnership, its Manager
d
By:
By:
Its:
STATE OF GEORGIA }
COUNTY OF DEKALB }
The foregoing instrument was acknowledged before me on the J-'..fk- day of NUvf..,~(' .2008 by
JEFFREY S. FUQUA, as PRESIDENT of Sembler ~tai1, Inc. a Florida corporation, the General Partner
of Sembler Family Partnership #35, Ltd, a Florida limited partnership; the manager of 1950 Congress
Avenue, LLC. a Florida limited liability company, on behalf of the company, he is personally know to
me.
My Commission Expires:
My Commission Number:
My Notary Seal: .
,
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-- - .EmmIT A. ---.---
SKETCH AND LEGAL DESCRIPTION
903134-1 4709.0280000
EXHIBIT" A"
,.'._"""- ..(.
W8' CII_IIIIBDIS, /Be.
SURVEYORS &MAPPERS
190061ST STREEl' S.W., LUTZ, FL33548
PHONE (813) 909-2420
PROFESSIONAL SURVEYING & MAPPING CERTIFICATE OF AUTHORIZATION:
IS 7188. stATE OF FLORIDA
SKETCH AND DESCRIPTION
PARCEL 08-04 - REMAINDER - 1950 TO CITY
SECTION 20 - TOWNSHIP 45 SOUTH - RANGE 43 EAST
~
P.O.C. - Point of Commencement
P.O.S. - Point of Beoinning
P.S.C.R. - Palm Beach County Records
P .B. - Plat Book
<t - Centerline
R/W - Rloht-of-Way
O.R. - Official R..cord
F.P.L. - Florida Power & Ught
L.W.D.D. - Lak.. Worth Drainage District
L.A.E. - limited Access Easement
R.U.E. - Roadway Utility Easement
L.B.E. - Landscape Buffer Easement
SCALE: 1" = 100'
BEARlNOS ARE PLAT
LEGEND
CURRENT OWNER: 1950 CONGRESS AVENUE. LLC
SMU - PARK PARCEL
BOYNTON TOWN CENTER, A P.C.D.
PLAT BOOK 106, PAGES 144-151, Pos.eR.
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(PER O.R. 27687. PAGE 10!U. P.S.C.R.)
SOllTH UNE
....._ _ _ _ _ SIIIU=-PARK PAR~ _ _ '_.
CURRENT OWNER: 1950 CONGRESS AVENUE. LLC
(PER O.R. 21687, PAGE 1042, P.S.C.RJ
PARCEL 08-04
REMAINDER PARCEL
(3.213.53 Square r.."t :i:)
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, " / ./ ~. / .' / ./ .' ,- ..' " .'. .', ~
SBS'4B'57"W
- OLD BoYNTON Rl5Ar:r-
(PUSUC R/W - WIDTH VARI/1:S')
(PER P.S. 7. PAGE 20, P.B,C.R.l
(PER P.S. 24, PAGE 2:S7, P.S.C.R.)
(PER a.R. SOOK 21716, PAGE 857. P.B.C.R.)
_ (eEF O.R. SOOK 21B9~PAg 7762. P.S.C.R.)
b
....
A PORTTON OF THE
UNNUMBERED LOT
PALM BEACH-M/AMI LAND
AND DEiYEL.OPMENT COMPANY
SUSDMSJON OF secTION 29 AND 20
TOWNSHIP 45 SOUTH, RANGE 43 EAST
PLAT BOOK 7, PAGE 20. P.B.c.R.
SHEET 1 OF 2
SEAL
NOT VAUD WITHOUT THE
SIGNATURE AND THE
I ".
O~IGINAL R.6JSED SEAL
OF A FLORIDA UCENSED
SURVEYOR AND MAPPER
BEARING NOTE
THE BEAmNGS SHOWN HEREON ARE PLAT AND ARE REFERENCED TO THE
SOUTH UNE OF SMU-PARK PARCEL. "BOYNTON TOWN CENTER, A P.C.D." THIS SKETCH IS NOT A SURVEY
CERTIFICATE
THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION IS ACCURATE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND
'1ESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 6iG17-6 OF THE RICA ADMiNISTRATIVE CODE
JRSUANT TO CHAPTER 472.027. FLORIDA STATUTES.
REVISIONS DATE
BY
1/,,/1(-0&
o MAPPER fiLS 5685. STATE OF FLORIDA
WSP CONSULTANTS. INC., #L87188
CHECKED BY FILE NAME
WSP BTC-OB4-EAST -1950-TO-C/TY
WSP CIIIIIIIIIIII/IIB, Ine.
SURVEYORS &MAPPERS
19006 1ST STREET S.W., LU'IZ. FL 33548
PHONE (8'13) 909-2420
PROFESSIONAL SURVEYING &: MAPPING CERTIFICATE OF' AUTHORIZATION:
l.B 7188, STATE OF FLORIDA
SKETCH AND DESCRIPTION
PARCEL 08-04 - REMAINDER - 1950 TO CITY
SECllON 20 - TOWNSHIP 45 SOUTH - RANGE 43 EAST
DESCRIPTION
A parcel of land being a portion of the Unnumbered Lot adjacent to Lake Bessia as shown an the plat
of PALM BEACH-MIAMI LAND AND DNELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP
45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm Beach
County. Rorida, said parcel being more particularly described as follows:
COMMENCE at the South.east Corner of SMU-PARK PARCEL. BOYNTON TOWN CENTER, A P.C.D., os
recorded in Plat Book 706, Pages 744- 757 of the Public Records of Palm Beach County. Florida;
THENCE on a plat bearing of S89"48'S7"W along the South line of said SMU-PARK PARCEL a distance of
40.00 feet to the POINT OF BEGINNING;
THENCE 501"47 'D3"E a distance of 9.00 feet to a point on the North right-of-way line of Old Boynton
Road;
THENCE S89"48'57"W along said North right-of-way line, a distance of 334.83 feet;
THENCE N78'4S'29"W continuing along said North right-of-way line, a distance of 45.43 feet to 0 point
on the South line of said SMU-PARK PARCEL;
THENCE N89"48'S7"E along the South line of said SMU-PARK PARCEL. 0 distance of 379.29 feet 10 the
POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach. Palm Beach County, Florida, containing
3,273.53 Square Feet :/:.
REVISIONS
DATE
BY
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DATE OF SKETCH I DRAWN BY I CHECKED BY
1 1/06/08 WSP WSP
SHEET 2 )F 2
I FILE NAME
ISTC-084-EAST -1950- TO-em
AFFIDAVIT
On this 14th day of November, 2008t It Michael A. Scbroedert Esq. (Florida Bar
No. 202320) ("Affiant"),. hereby certify that the property described on Exhibit "A"
annexed hereto (the "Property")t is owned by 1950 Congress Avenuet LLC, a Florida
limited liability company ("1950U)t pursuant to a Special Warranty Deed recorded May
It 2007, in Official Records Book 21681, Page 1042, of the Public Records of Palm
Beach County, Florida. In reliance on a title insurance policy prepared by 1st Trust Titlet
Inc.t as agent for Attorneys' Title Insurance Fund., Inc. with an effective date of May 1,
2007 at 1 :56 PM, as updated by "Gaptt Search provided by Commonwealth Land Title
Insurance Company File Number 51309929CA with an Effective Date of November 3,
2008t at 8:00 l\.M, the Property is free and clear of all lienst mortgages and/or
encumbrancest excepting the lien for taxes for the year 2009 and subsequent yearst and
that certain easement from 1950 to Florida Power & Light Company recorded in Official
Records Book 21681t Page 1053 of the
cords of Palm Beach County, Florida.
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
SWORN TO AND SUBSCRIBED before me on November 14, 2008t by
MICHAEL A. SCHROEDER, who is personally mown to me.
My Commission Expires:
My Commission Number:
My Notary Seal:
NOTARY PUBIJC-STATE OF FLORIDA
~~""\\""'~ Judith Lynn Jocis
€ ~CQmmissiQn#DD690304
;., ,,{ Expires: AUG. 27, 2011
ATLANTlC BONDING co.. IRe.
',',
S:\7\CLIENTS\SEMBLER\P ARK DEDICA TION\TITLE AFFIDAVIT CITY
SLIVER-doc
EXHIBIT "A"
WS, CORIIBiIII_IBG.
SURVEYORS & MAPPERS
19006 1ST STBEET S.W., LU'IZ, FL 33548
PHONE (81a) 909-2420
PROFESSIONAL SURVEYING &: l.1APPlNG CERTIFICATE: OF AUTHORIZATION:
La 7188, STATE: OF FLORIDA
SKETCH AND DESCRIPTION
PARCEL 08-04 - REMAINDER - 1950 TO CITY
SECTION 20 TOWNSHIP 45 SOUTI-l RANGE 43 EAST
Q
P.O.C. = Point of Commencement
P .O.B. - Point of Beginning
P.B.C.R. = Palm Beach County Records
P .8. = Plat Book
<t. = Centerline
R!W = Right-of-Way
O.R. - Official Record
F.P .L. = Florida Power &: Light
L.W.D.D. - Lake Worth Drainage District
LA.E. = Limited Access Easement
R.U.E. = Roadway Utility Easement
L.B.E, = Londscop" Buffer Easement
SCALE: 1~ = 100'
BEARINGS ARE PLA T
LEGEND
SOUTH UNE
UNNUMBCRED LOT
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CURRENT OWNER: 1950 CONGRESS AVeNUE'. LLC
SMU - PARK PARCB..
BOYNTON TOWN CENTER, A P.C.D.
PLA T BOOK 106, PAGS 144-151. P.B.C.R.
F.P.L. E'A$F:MFNT
(PER O,R, 21681, PAGE: 105,]. P.B.C.R.)
SOUTH UNE
~U7PAR.K P~C€L.
CURRE:NT OWNER: 1950 CONGRESS AVENUE'. LLC
(PeR O.R. 21681. PAGE /042, P.B.C.R,)
PARCEL 08-04
REMAINDER PARCEL
(3.213.53 Square F~..t ~)
~
N89'48'57"E '.. '. .
. " ,.' ,,' ,,' ... .,' ,,'... " ." ... ,,' ...
45.43 S89'48'S7"W
'aLD"'BOYNTON FlOAO--
(PUBUC R/W - WIDTH VARIES)
(PeR P.8. 7. PAGE: 20. P.B.CoR.)
(PeR P.8. 24. PAGE 2:5/. P.B.CoR.)
f(eR O.R. BOOK 21716, PAGE 857. P.8.CoR.)
_w~~"~=:.:~
l/NNl.IMBE!:RED LOT
PALM SEEACH-MIAMT LAND
AND OEVB..OPMENT COMPANY
Sl/BOMSION OF SE:CTTON 29 AND 20
TOWNSHIP 45 SOUl'H, RANGE: 43 lEAST
PLATBOOK 7. PAGE:2o. P.B.C.R.
F.'P:L EASlfielf'-
..:JPCR O.R. 2168/. PAGE: /05,], P.B.C.R.)
f OL180YNTON ROAD
I ~SOUTH R/lf' UN[
! ( ---
~ ~
SHEET 1 OF 2
SEAL
NOT VALID WITHOUT THE
SIGNATURE AND THE
ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED
SURVEYOR ANO MAPPER
BEARING NOTE
THE BEARINGS SHOWN HEREON ARE PLO.T AND ARE REFERENCED TO THE
SOUTH LINE OF SMU-PARK PARCEL. "BOYNTON TOWN CENTER. A P.C.D." THIS SKETCH IS NOT A SURVEY
CERllACAlE
THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION IS ACCURATE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND DOES NOT REPRESENT A FlEl..D SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61 G17-6 OF THE FLORIDA ADMINISTRATIVE CODE
PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
REVISIONS DATE BY
PROFESSIONAL SURVEYOR AND MAPPER /lLS 5685. STATE OF FLORIDA
WILLIAM S. PAYNE WSP CONSULTANTS, INC.. #LB71S8
DATE OF SKETCH DRAWN BY CHECKED BY I FILE NAME
i 1/06/08 WSP WSP BTC-OB4-EAST-i9S0-TO-CllY
'.
.., CIJ_IIIIIIIIIB,IBC.
SURVEYORS & MAPPERS
190061ST Sl'REET S.W" LUTZ, FL 33548
PHONE (813) 909-2420
PROFESSIONAL SUR\IE'\'ING ok MAPPING CERTIFICATE OF AUTHORIZATION:
LB 7188, STA.TE OF FLORIDA
SKETCH AND DESCRIPTION
PARCEL 08-04-- -REMAINDER - 1950 TO CITY
SECTION 20 - TOWNSHIP 45 SOUTH - RANGE 43 EAST
DESCRIPTION
A parcel of land being a portion of the Unnumbered Lot adjacent to Lake Bessie as shawn on the plat
of PALM BEACH-MIAMI LAND AND DNFLOPMFNT COMPANY SUBDMSION OF SFCnON 29 AND 20, TOWNSHIP
45 SOUTH, RANGF 43 FAST as recorded in Plat Book 7. Page 20 of the Public Recorcls of Palm Beach
County, Flonodo, said parctJl being more particularly descn'bed as follows:
COMMENCE at the Southeast Corner of SMU-PARK PARCFL, BOYNTON TOWN CFNTER, A P. C.D., as
recorded in Plat Book 106, Pages 144-151 of the Public Records of Palm Beach County, Florida;
THENCE on a plot bearing of S89'48'57"W along the South line of said SMU-PARK PARCEL a distance of
40.00 feet to the POINT OF BEGINNING;
THENCE 501'41 '03"E a distance of 9.00 feet to a point on the North right-of-way line of Old Boynton
Road:
THENCE S89'48'57"W along said North right-or-way line~ a distance of 334.83 reet:
THENCE N78'45'29"W continuing along said North right-or-way line, a distance of 45.43 feet to 0 point
on the South line of said SMU-PARK PARCEL;
THENCE N89'48'57"E along the South line of said SMU-PARK PARCEL. 0 distance of 379.29 feet to the
POINT OF BFGINNlNG;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing
3,273.53 Square Feet :1:.
REVISIONS
DATE
BY
DATE OF SKETCH I DRAWN BY I CHECKED BY
11/06/08 WSP WSP
SHEET 2 OF 2
I FILE NAME
BTC-OB4-EAST-1950-TO-CITY
cr
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.S.
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 16, 2008 December 1, 2008 (Noon) ~ February 1 7, 2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 February 17, 2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 March 2. 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
Motion to authorize execution of an Agreement with 1950 Congress Avenue, LLC to perform
water and sewer main improvements in coordination with the widening of Old Boynton Road.
The construction cost for the water and sewer improvements is $390,682.50. The Utilities
Department also recommends approval of a 10% contingency for unforeseen conditions equal to
$39,068.25, resulting in a total amount of $429,750.75.
EXPLANATION:
As part of the Boynton Town Centre Project, it was determined that the Developer (1950 Congress
Avenue, LLC) must make roadway improvements to Old Boynton Road between Congress
Avenue and Boynton Beach Boulevard as required by Palm Beach County's Constrained
Roadway at a Lower Level of Service (CRALLS) designation. As a result of these improvements,
it was determined that water main and sewer main utilities need to be relocated and/or abandoned
in place as part of the widening of the roadway. Palm Beach County owns Old Boynton Road and
would like the City to perform all utility work in coordination with the roadwork to avoid future
impacts to the new roadway.
The Developer obtained proposals for completing the water and sewer main improvements, and
their contractor for the roadway improvements, Palm Beach Grading, Inc., submitted the lowest,
most responsive proposal at a cost of $390,682.50. The Utilities Department also obtained pricing
from two contractors, Chaz Equipment and Madsen Barr, who are currently under contract with
the City under the Department's Repair Bid #065-2821-07/JA. The Developer's pricing is
substantially lower as demonstrated as follows:
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
~'......"
! ' '(
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Proposals for Water and Sewer Main Improvements - Old Boynton Road
1. 1950 Congress Avenue, LLC/Palm Beach Grading - $390,682.50
2. Chaz Equipment (via Utilities Department Repair Bid) - $517,717.50
3. Madsen Barr (via Utilities Department Repair Bid) - $937,920.00
PROGRAM IMPACT:
The Developer's contractor, Palm Beach Grading, Inc., will be performing both the utility
adjustments and the widening of Old Boynton Road. The Utilities Department's staff and
consulting engineer for the project, Kimley-Horn and Associates, will oversee the utility
improvements to ensure that construction is performed in accordance with the design and the
City's standards.
FISCAL IMPACT:
This project is part of the Utilities Department's CIP program. Funds are available in accounts
#406-5000-590-96-04 (SWR 064) and #403-5000-590-96-02 (WTR 054).
AL TERNA TIVES:
Due to the required coordination with the Developer and Palm Beach County for the widening of
Old Boynton Road, there is no other alternative at this time.
4t:? ~ IL-;c; 4'~.f<..1
Department Head's Signature
)
~~~
City Manager's Signature
Assistant to City Manager . ~
Utilities Department
Department Name
City Attorney / Finance
xc: ~ Peter Mazzella (w/attachments)
Christopher Roschek "
Barbara Conboy
City Attorney
Karen Riseley
File
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION R09- OJ'}
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING EXECUTION BY
6 THE CITY MANAGER AND CITY CLERK OF AN
7 AGREEMENT FOR CONSTRUCTION SERVICES
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 1950 CONGRESS AVENUE, LLC., TO PERFORM
1 0 WATER AND SEWER MAIN IMPROVEMENTS IN
11 COORDINATION WITH THE WIDENING OF OLD
12 BOYNTON ROAD; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, as part of the Boynton Town Centre Project it was determined that
16 the Developer (1950 Congress Avenue, LLC) must make roadway improvements to Old
17 Boynton Road between Congress Avenue and Boynton Beach Boulevard as required by
18 Palm Beach County's Constrained Roadway at a Lower Level of Service (CRALLS)
19 designation; and
20 WHEREAS, as a result of these improvements it was determined that water main
21 and sewer main utilities need to be relocated and/or abandoned in place as part of the
22 widening of the roadway; and
23 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
24 in the best interest of its residents and citizens to approve the Agreement for Construction
25 Services between the City of Boynton Beach and 1950 Congress Avenue, LLC.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
29 as being true and correct and are hereby made a specific part of this Resolution upon
30 adoption hereof.
, S:\CA\RESO\Agreements\1950 Congress Avenue Construction Services Agreement.doc
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Sectiun 2.
The Cily Commission of the City of Boynton Beach. Florida d()e~
2 I hereby authorize and approve execution by the City Manager and City Clerk of the
3 : Construction Services Agreement between the City of Boynton Beach and 1950 Congres:-.
4 A venue, LLC., to perform water and sewer main improvements in coordination with the
5 widening of Old Boynton Road, a copy of which Subordination is attached hereto as
6 ! Exhibit "A".
7
Section 3.
This Resolution will become effective immediately upon passage.
8
PASSED AND ADOPTED this__ day of February, 2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
II
(Corporate Seal)
S-ICA IRESOIl,greementsl1950 Congress Avenue Construction Services Agreement.doc
,
Ils:ICA\RESO\AgreementS\1950 Congress Avenue Construction Services Agreement.doc
, I
II
SSEMBLER
TRANSMITTAL
PROJECT:
Boynton Town Center
Boynton Beach, Florida
DATE:
February 4, 2009
TO:
City of Boynton Beach Utilities
Department
124 East Woolbright Road
Boynton Beach, Fl 33435
FROM:
Sara Cornish
c/o Mike Hagan
(404) 847-1800
ATTN:
Christopher J. Roschek, P.E.
Engineering Division Manager
Office 561-742-6413
Fax 561-742-6298
Email roschekc@bbfl.us
RECE~VED
~ FEB 0 5 2009
TRANSMITED VIA:
Federal Express
"I '...". I" ...J"'" ,",,' ,
1"u",,,,. ,. " l" #, ., .'" 7",
~U~~"'~~ff'~ ~il\i..r1~,-,,~"
(X) herewith
( ) under separate cover via
THE FOllOWING:
) Amendment to lease
) Site Plans
(X ) Documents
( ) DrawingslSurvey
( ) Contract
( X ) Checks
QTY.
DESCRIPTION
DATED
1 Agreement- Old Boynton Road Water Main Improvements, executed on behalf of 02/04/09
1950 Congress Avenue, lLC
If enclosures are not as noted, please contact this office immediately.
ACTION:
( ) Approval
( ) Review & comment
(X ) Use & information
( ) For your files
( ) For signature
( ) Forwarding as noted
( ) Return to this office
( ) No action required
( ) For use with site plan
Please call Mike Hagan or Brad Jacobs with questions.
(404) 847-1800.
1450 SOUTH JOHNSON FERRY ROAD, SUITE 100 I ATLANTA, GA 30319-4316 I 404.847.1800 I FAX: 404.847.1818
THE SEMBlER COMPANY I SEMBLER.COM
CITY OF BOYNTON BEACH. FLORIDA
AGREEMENT FOR CONSTRlJCTION SERVICES
THIS AGREEMENT FOR CONSTRUCTION SERVICES (this ""AgreemenCl is dated this Ja\
of 2009, by and between:
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida.
hereinafter referred to as the ''CITY'
and
1950 CONGRESS AVENUE, LLC a Florida limited liability company. hereinafter
referred to as the "DEVELOPER'".
WITNESSETH:
WHEREAS, Palm Beach County is the owner of Old Boynton Road; and as part of Palm Beach
County's Comprehensive Plan, Palm Beach County designated that portion of Old Boynton Road from
Congress A venue to Boynton Beach Boulevard as a Constrained Roadway at a Lower Level of Service
("CRALLS") facility; and
WHEREAS, as a requirement of its development of the Boynton Town Center and Boyntun
Village project within the CITY. the DEVELOPER will be administering the widening of Old Boynton
Road between Congress A venue and Boynton Beach Boulevard as required by the conditions of the
CRALLS designation: and
WHEREAS, the CITY has determined that certain CITY owned "v"ater and sewer main
improvements at Old Boynton Road between Congress Avenue and Boynton Beach Boulevard within
the City of Boynton Beach are in need of modification and replacement (the "ProjecC); and
WHEREAS, in order to provide for orderly and efficient completion of the Project. the CI !"
desires to enter into an Agreement with DEVELOPER to provide for the completion of the Project in ~I
manner that it is coordinated with the completion of the widening of Old Boynton Road: and
WHEREAS, the CITY and DEVELOPER hereby acknowledge that DEVELOPER. subject III
the issuance of applicable permits for the Project and the Old Boynton Road widening, will perform 01
cause to be performed the services required pursuant to this Agreement in accordance with the ProjcCl
Summary and Bid/Proposal attached hereto as Exhibit "A" and Exhibit "B". respectively: and
WHEREAS, the CITY has (i) obtained Bid/Proposals for the completion of the Project. (ii)
determined that Palm Beach Grading, Inc. has submitted the lowest Bid/Proposal for the performance (,f
the Project and (iii) approved Palm Beach Grading. Inc. as the contractor f~lr the perfornlance of the
work ("CONTRACTOR"): and
WHEREAS, the Parties agree that the Project is scheduled to be completed without interruption
within 180 calendar days as specified in the Notice to Proceed. subject to CITY approved time
extensions.
NOW, THEREFORE, in consideration of these premIses and the mutual conditions and
covenants contained herein. the parties agree as foIIO\\'s:
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "WHEREAS" clauses are true and correct, and incorporated herein by
this reference.
1.1.2. The CITY does hire and employ the DEVELOPER to supervise and administer
construction services, including disbursement of funds, for completion of the Project as
described herein.
1.1.3. The DEVELOPER does accept this Agreement and does agree to cause the
CONTRACTOR (or other such contractor as the CITY and DEVELOPER may
reasonably agree upon) to furnish the necessary labor, tools, equipment, materials and
supplies, etc., and to complete the Project by performing all of the work set forth in this
Agreement for the price and amount set forth in CONTRACTOR'S BidIProposal for
$390,682.50, which BidIProposal is attached hereto as Exhibit "B", and incorporated
herein by reference, and in conformance with the Project Summary, which are attached
hereto as Exhibit "A", and incorporated herein by reference.
1.1.4. Unless otherwise provided, all time frames referenced in this Agreement shall be
calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of water and sewer main improvements at Old Boynton Road between
Congress A venue and Boynton Beach Boulevard in the City of Boynton Beach.
2.2. The "Contract Documents" are the compilation of the following individual documents:
2.2.1.
Agreement for Construction Services
2.2.2.
Project Summary attached hereto as Exhibit "A"
2.2.3.
BidlProposal provided by CONTRACTOR to DEVELOPER and accepted by the
CITY and attached hereto as Exhibit "B"
2.2.4.
Insurance Certificates attached hereto as Exhibit "C" and Exhibit "C-l"
2.2.5.
Warranty of Title; and
2.2.6.
Public Construction Bond.
3. OBLIGATIONS OF DEVELOPER
3.1. Subject to the issuance of applicable permits for the Old Boynton Road widening and the
Project, DEVELOPER shall enter into a construction contract with CONTRACTOR
providing for performance of the work associated with the Project (the "Construction
Contract"). The Construction Contract shall provide that the CONTRACTOR shall:
Page 2
3.1.1. Fumish all materials. supplies. machines. equipment. tools. superintendents. lah,,;
insurance. and other accessories and sen ices necessary' \(l complete the Proiel'l 'r
accordance with the conditions and prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this Agreement. All materials fumished
by CONTRACTOR shall also be in strict conformity with the Contract Documents,
CONTRACTOR further accepts and consents to the conditions contained in said
Contract Documents and expressly agrees to comply with every requirement and
stipulation therein contained.
3.1.3. Fumish all tools, equipment, materials and supplies and to do all the \\.orJ.-
associated with the Project in a first-class, substantial and workmanlike manner.
3.1.4. Guarantee all work and materials for a period of one (1) year from the date of final
acceptance by the CITY. Upon receipt of written notification from the CITY,
CONTRACTOR shall correct any defective or faulty work or materials which ma)
appear within one (I) year after completion of the work under the Construction Contract
and CONTRACTOR'S receipt of final payment owed thereunder. CONTRACTOR shall
make the necessary corrections within ten ( ] 0) days of receipt of the written notice.
3.1.5. Comply with the provisions of Section 255.05. Florida Statutes. if applicable. Pay
promptly, before final settlement. any and all claims or liens by subcontractors or
material suppliers, incurred in and about this work. Fumish release of liens forms from
all principal subcontractors and suppliers of materials. Release of lien forms to he
utilized shall be Florida statutory forms.
3.1.6. Remove and clean up all rubbish, debris. excess material. tools and equipment from
streets, alleys, parkways and adjacent property that may have been used or worked on h\
the CONTRACTOR in connection \vith the Project.
3.1.7. Observe and comply with the provisions of the charter. ordinances. codes and
regulations of the City of Boynton Beach. as well as all federal. state and local laws.
3.1.8. Perform such other tasks as set forth in the Contract Documents.
3.1.9. Provide written list to the CITY of all subcontractors.
3.1.10. Provide all required bonds and insurance certificates for performance of the Project
prior to commencement of any wurk on site. Developer shall cause Contractor to
provide proper insurance and performance hond and to name the CITY as a dual obligee
3.] .11. Execute a Warranty ofTitlc on the form provided by the eIT'!' and submit with
final applications for payment.
3.1.12. The CONTRACTOR will be held responsible for the care. protection and
condition of all work until tinal completion and acceptance thereof. and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions or the acts or omissions of their
subcontracts or suppliers.
Page 3
4.
4.1.
4.2.
4.3.
4.4.
5.
5.1.
3.1.13. For purposes of this Agreement, DEVELOPER is an independent contractor.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither DEVELOPER nor its employees shall be
entitled to any benefits accorded CITY employees by virtue of the services provided
under this Agreement. The CITY shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to
DEVELOPER, or any employee of DEVELOPER.
CITY'S OBLIGATIONS
CITY shall provide DEVELOPER a written "Notice to Proceed" no later than ten (10)
days from the execution of this Agreement.
Make payments for the work completed and approved by the CITY within thirty (30)
calendar days of receipt of a draw request from DEVELOPER.
On satisfactory completion of the Project, provide a written final acceptance and payment
for the entire Project.
CITY shall provide all engineering, inspection and contract administration services
required for the completion of the water and sewer main portion of the Project only.
COMMENCEMENT OF WORK
DEVELOPER hereby agrees to cause the commencement of the work under this
Agreement (the "Commencement Date") as soon as reasonably practicable following the
later to occur of (i) Developer's receipt of the Notice to Proceed, or (ii) Developer's
receipt of all necessary permits and approvals to perform the widening of Old Boynton
Road. Developer agrees to fully complete the Project within 180 days following the
Commencement Date.
5.2. DEVELOPER shall cause CONTRACTOR to notify the CITY in writing of any change in
the names and addresses of each subcontractor proposed for material portions of the work
associated with the Project and shall not employ any subcontractors that CITY may, within
a reasonable time, object to as incompetent or as unfit.
6. FINAL ACCEPTANCE
6.1. DEVELOPER shall cause Punch list items recorded as a result of inspections for the final
completion to be corrected within thirty (30) calendar days and prior to any request for
Final Inspection, Testing and Acceptance.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The DEVELOPER warrants that prices contained in the Bid/Proposal attached hereto as
Exhibit "B" include the protection and continuous use of all existing work in process,
property or operations of the CITY.
Page 4
8. INDEMNIFICATION
8.1 The DEVELOPER shall indemnify. defend, and save harmless the CITY. its agcllt;,.
servants, and employees from and against any claim. demand. or cause nf action: i
whatsoever kind or nature arising out of error, omission or negligent act or thl:
DEVELOPER. CONTRACTOR. their agents. servants. or employees in the performancl'
of services under this Agreement.
8.2 DEVELOPER shall indemnify. defend and save harmless CITY. its agents. servants and
employees from against any kind and all causes, claims. demands, actions. losses.
liabilities, settlements, judgments. damages, costs. expenses. and fees (including without
limitation reasonable attorney's and paralegal expenses at both the trial and appellate
levels) of whatsoever kind or nature for damages to persons or property caused in whole or
in part by any act, omission, or default of the DEVELOPER and/or the CONTRACTOR.
their agents, servants or employees arising from this contract or its performance. The
DEVELOPER and the CITY hereby agree and covenant that the DEVELOPER has
incorporated in this original bid, which constitutes the Contract sum payable by the CITY
to the CONTRACTOR. specific additional consideration in the amount of ten dollars
($10.00) sufficient to support this obligation of indemnification provided for in tlm
paragraph. The indemnification required pursuant to the Contract shall be the amount,;j
damages caused by the occurrence or no more than the limits of insurance required of the
DEVELOPER by the Contract. whichever is greater. It is the CITY'S and
DEVELOPER'S full intention that this provision shall be enforceable and said provisic)rl
shall be in compliance with Section 725.06. Florida Statute.
8.3 The execution of this Agreement by the DEVELOPER shall obligate DEVELOPER \,)
comply with the foregoing indemnification provision. as well as the insurance provisil)lb
which are set forth herein. However, the indemnification provision. and the insurancl'
provision are not interdependent on each other. but rather each one is separate and distinct
from the other.
8.4 The obligation of the DEVELOPER to indemnify the CITY is not subject to any offset.
limitation or defense as a result of any insurance proceeds available to either the CITY ('1'
the DEVELOPER.
9. PAYMENT BY THE CITY
9.1. The CITY agrees to pay the DEVELOPER in current funds for the performance of the
work specified in the Contract Documents. subject to additions and deductions Ll"
expressly provided in the Contract Documents. Such payments shall be made on the basis
of the CONTRACTOR'S pay application forms. The CITY hereby agrees that.
notwithstanding the requirements of Specifications Section 01200. "progressive record
drawings" shall not be required prior to the DEVELOPER'S final application for payment.
Final records to be submitted with final application for payment.
10. CHANGES IN THE WORK
10.1. The CITY. without invalidating this Agreement. may urder extra work or make changes (-1:-
altering. adding to or deducting from the work. the Contract sum being adjusted
accordingly. All such work shall he executed under the conditions ufthe ()riginal Contract
Page 5
Any claim for extension of time caused thereby shall be made in writing at the time such
change is ordered.
10.2. All change orders and adjustments shall be in writing and reasonably approved by the
CITY, otherwise, no claim for changes to the work specified in the Contract Documents
will be paid for by the CITY.
10.3. Claim of payment for extra work shall be submitted by the DEVELOPER upon certified
statement supported by receipted bills. Such statements shall be submitted for the current
contract payment for the month in which the work was done. No claim for extra work
shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented
at the time of the first estimate after the work is completed.
11. INSURANCE
11.1. DEVELOPER will maintain insurance of the types and amounts indicated in the insurance
certificate attached hereto as Exhibit "C", naming the City of Boynton Beach as an
additional insured. A certificate of insurance evidencing such coverage shall be provided
to the CITY prior to commencement of any work associated with the Project.
11.2. DEVELOPER shall cause the CONTRACTOR to maintain insurance of the types and
amounts indicated in the insurance certificate attached hereto as Exhibit "C-l", naming
the City of Boynton Beach as an additional insured. A certificate of insurance evidencing
such coverage shall be provided to the CITY prior to commencement of any work
associated with the Project.
12. LICENSE AND PERMITS
12.1. It shall be the responsibility of the DEVELOPER to ensure that all licenses and permits are
obtained, if required, to complete the work specified herein at no additional cost to the
CITY. Licenses and permits shall be readily available for review by the CITY.
13. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
13.1. DEVELOPER agrees that all materials, tools, equipment and machines utilized in
performance of the work associated with the Project will meet all O.S.H.A. requirements
and, should any materials, tools, equipment or machinery subsequently be found to be
deficient in any way to an O.S.H.A. requirement, all costs necessary to bring the materials,
tools, equipment or machinery into compliance with the aforementioned requirements
shall be borne by the DEVELOPER.
14. GOVERNMENTAL RESTRICTIONS
14.1. In the event any governmental restrictions may be imposed which would necessitate
alteration of the material, quality, workmanship or performance of the Project, it shall be
the responsibility of the DEVELOPER to notify the CITY at once, indicating in a letter the
specific regulation which required an alteration. The CITY reserves the right to accept any
such alterations, including any price adjustments occasioned thereby, or to cancel this
Agreement by delivery of written notice to DEVELOPER. In the event the CITY elects to
cancel this Agreement, this Agreement shall terminate on the fifth (5th) day following
DEVELOPER'S receipt of such notice. The CITY agrees to pay DEVELOPER for all
costs and expenses incurred by DEVELOPER for the construction of the Project to the
Page 6
date of termination. which costs will include the costs and expenses Il1curred T
DEVELOPER to leave the improvements in a safe and lawful condition followin!l ',1I\!'
termination.
15. CONTRACT CONTROLS
15.1. 1n the event of a conflict between the requirements or specifications set forth in this
Agreement and the performance of DEVELOPER'S obligations pursuant to the Contract
Documents, the conflict shall be resolved by written interpretation by the CITY in its
commercially reasonable discretion; provided. however. that DEVELOPER shall Ill'
compensated for any costs and expenses incurred as a result of such interpretation h: the
CITY if such costs are not reasonably anticipatable from the Contract Documents,
16. TIME OF ESSENCE
16,1. Inasmuch as the provisions of this Agreement relating to the times of performance and
completion of the Project are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined program, all
such time limits are of the essence of this Agreement.
17. REMEDY FOR DELAY
17.1. In the event of any delay in the Project caused by any act or omission of the CITY, its
agents or employees, by the act or omission of any other party other than the
DEVELOPER, its agents, employees. contractors or subcontractors, or delay caused h\
weather conditions or unavailability of materials, the sole remedy available t<,
DEVELOPER shall be by extension of the time allocated to complete the Project.
17.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED 1 ()
DEVELOPER IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED
BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYFES.
DEVELOPER ACKNOWLEDGES THIS LIMITATION ON RECOVERY /\ND
ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. 11'-.
ADDITION THERETO. DEVELOPER SHALL NOT BE LIABLE TO THE CITY FOR
ANY MONETARY DAMAGES IN ASSOCIATION WITH ANY DELAY IN THI
PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY. ITS ACiENTS ()f~
EMPLOYEES. cJ.
DEVELOPER hereby acknowledges that he has read and understands the above provision. .--a INITIALS.
17.3. Failure on the part of DEVELOPER to timely process a request for an extension of time It)
complete the work shall constitute a ''v'aiver by DEVELOPER and DEVELOPER shall he
held responsible for completing the work within the time allocated by this Agreement.
I 7.4. All requests for extension of time to complete the work shall he made in writing to the
CITY.
17.5. For the purpose of this section, the phrase "the CITY. its agents and employees" shall
include but shall not be limited to the Project Engineer and Project Manager.
Page 7
18. DISPUTES
18.1. Disputes shall be resolved through good faith efforts upon the part of the DEVELOPER
and the CITY, or its representatives. At all times, DEVELOPER shall cause
CONTRACTOR to carry on the work and maintain the progress schedule in accordance
with the requirements of this Agreement, pending resolution of any dispute. Any dispute
that is not resolved by mutual agreement of the CITY and DEVELOPER shall be
governed as indicated in Section 23 of this Agreement.
19. COVENANT AGAINST CONTINGENT FEES
19.1 The DEVELOPER warrants that he has not employed or retained any company or person,
other than a bonafide employee working solely for the DEVELOPER, to solicit or secure
this contract, and that he has not paid or agreed to pay any company or person, other than a
bonafide employee working solely for the DEVELOPER, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting
from the award or making of this contract. For breach or violation of this warranty, the
CITY shall have the right to annul this contract without liability or, in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift or contingent fee.
20. DISCRIMINATION PROIDBITED
20.1. The DEVELOPER, with regard to the work administered by it under this Agreement, will
not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the
presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
21. ASSIGNMENT
21.1. Except as provided for herein, the DEVELOPER shall not sublet or assign any of the
services covered by this Agreement without the express written consent of the CITY, such
consent not to be unreasonably withheld or delayed.
22. NON-WAIVER
22.1. Waiver by the CITY of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
23. CHOICE OF LAW
23.1. Any disputes that arise between the parties with respect to the performance of the work
specified in this Agreement, which cannot be resolved through reasonable negotiation, shall
be submitted to a court of competent jurisdiction in Palm Beach County, Florida. Further,
this Agreement shall be construed under Florida Law.
Page 8
24. NOTICES
Notices to each party shall be delivered in writing and shall either be delivered in person, or sent fn
U.S. mail. or facsimile to the following addresses:
To City:
CITY OF BOYNTON BEACH
Attn: Peter Mazella, Deputy Utilities Director
100 East Boynton Beach Boulevard
BOYNTON BEACH. FL 33435
FAX: (561) 742-6298
Copy to:
CITY OF BOYNTON BEACH
Attn: Kurt Bressner, City Manager
100 East Boynton Beach Boulevard
BOYNTON BEACH. FL 33435
To DEVELOPER:
1950 CONGRESS AVENUE. LLC
1450 South Johnson Ferry Road
Atlanta, GA 303 I 9Attn:
Mike Hagan
FAX: 404-847-1 81 8
25. SEVERABILITY
25.1. The invalidity, illegality, or unenforceability of any provision of this Agreement. or thc
occurrence of any event rendering any portion or provision of this Agreement void. shall
in no way affect the validity or enforceability of any other portion or provision of this
Agreement. Any void provision shall be deemed severed from this Agreement and the
balance of this Agreement shall be construed and enforced as if this Agreement did nc){
contain the particular portion or provision held to be void. The parties further agree tu
reform this Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
26. INTEGRATED AGREEMENT
26.1. This Agreement, together with attachments or addenda. represents the entire and integrated
agreement between the CITY and the DEVELOPER and supersedes all prior negotiation".
representations, or agreements written or oral. This Agreement may be amended only h::.
written instrument signed by both the CITY and DEVELOPER.
27. MISCELLANEOUS
27.1. This Agreement shall be binding upon. and shall inure to the benefit of. the parties hereti)
and their respective legal representative. successors and assigns.
Page 9
27.2. The parties expressly covenant and agree that in the event either party is in default of its
obligations under this Agreement, the party not in default shall provide to the defaulting
party thirty (30) days' prior written notice exercising any of its rights. Should the
defaulting party not correct such default within thirty (30) days (or such additional time
period as may be necessary so long as the defaulting party has undertaken the cure within
said thirty (30) days and is diligently prosecuting the same to completion), this Agreement
may be terminated by the party giving notice of such default upon an additional seven (7)
days' written notice thereof. In such event, all payments required herein or performance
of work by either party shall be paid and/or performed until the date of such termination.
27.3. Any costs or expenses (including reasonable attorneys' fees and costs) associated with the
enforcement of the terms and conditions of this Agreement shall be borne by the
respective parties; provided, however, that this clause pertains only to the parties to this
Agreement.
27.4. The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as matter of judicial constraint, be construed more severely
against one of the parties than the other.
[Signatures appear on following pages}
Page 10
IN WITNESS WHEREOF, the CITY has caused this Agreement to he sIgned by Its (
Manager. attested to by the City Clerk \vith the Corporate Seal of said ClTY and the DEVEI.OPER lid
executed this Agreement the day and year herein before written
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner. City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
State of Florida
)
) ss:
)
County of Palm Beach
On this day of . 2009. personally appeared before me. duly authorized tu
administer oaths,_________ ~__ known to be the persons
described herein or who has produced as identification and \"ho
executed the foregoing instrument and has acknowledged before me that they have executed same.
Notary Publjc
My Commission Expires:
ISignatures continue on following pagel
Page II
Signed, sealed and witnessed
in the presehce of: ,I (
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1950 CONGRESS AVENUE, LLC,
a Florida limited liability company
By: Sembler Family Partnership #35, Ltd.,
a Florida limited partnership, its Manager
By: Sembler Commercial, Inc., a Florida
corporation, its general partner
By:
Name:
Title:
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On this lfilL day of r--eJn~~ ~ ' 2009, personally appeared before me, duly authorized to
admmlster oaths, ----le:P-t 9___L known to be the persons
described herein or who has produced as identification and who
exeeuted the foregoing instrument and has aCknOW~~ tha~
My Commission Expires:
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Page 12
EXHIBIT "A"
PROJECT SUMMARY
( Attached)
SBCTION 01100
SUMMARY
1 PART 1 GENERAL
1.1 SECTION INCLUDES
A. Scope
B. Work by Owner
C. Work by Others
D. Location
E. Project Funding
F. Coordination
G. Owner Supplied Products
H. Sequence of Work
I. Contractor use of site and/or premises
J. Owner Occupancy
1.2 RELATED SECTIONS
A. Section 01200 - Price and Payment Procedures
B. Section 01390 - Video and Photographic Site Survey
C. Section 01500 - Temporary Facilities and Controls
D. Section 01700 - Execution Procedures
E. Section 02960 - Restoration of Surface Improvements
1.3 REFERENCES
A. Contract Documents consisting of:
1. Instructions to Bidders
2. General Conditions For Construction (GCC)
3. Contract
January 2006
01100 - 1
Summary
B. Any conflict between the Contract Documents. sha.11 be
brought to the attention of the Project Manager,
writing, for resolution. The order of precedence has
been established in both the GCCs and Contract.
1.4 SCOPE
The work under this project consists of replacing a 6-inch
asbestos cement water main along Old Boynton Road.
Connection of this watermain to several side streets is also
included in the work. The 16-inch force main on Old Boynton
Road between Congress Avenue and NW 8th Court and the 6-inch
force main on Old Boynton Road between Velaire Drive and the
bridge are to be grout filled and abandoned. Connection of
the 16-inch forcemain to an existing 20-inch forcemain is
also included. The work is to be performed before or in
conjunction with the Old Boynton Road roadway improvements
to avoid impacts to the new roadway.
A. Omission of a specific item or component of a system
obviously necessary for the proper functioning of the
equipment or system shall not relieve the Contractor
of the responsibility of furnishing the item as part
of the work at no additional expense to the Owner.
B. Except as specifically noted elsewhere, Contractor (s)
shall provide and pay for all labor, materials,
equipment, tools, construction equipment and
machinery, transportation, water, heat, utilities, and
temporary facilities necessary for the proper
execution and completion of work.
C. Concurrent with the installation of the water main,
drainage or sanitary sewer improvements and when shown
on the project construction drawings, the work
includes swale development and improvements on both
sides of the streets in the project area. Work
includes re-grading, driveway apron reconstruction and
all surface restoration.
E. Restoration shall inunediately follow the acceptance of
required system testing and be performed as required by
Section 02960 RESTORATION OF SURFACE IMPROVEMENTS.
1.5 WORK BY OWNER
A. None
1.6 WORK BY OTHERS
January 2006
01100 - 2
Summary
. A. .The roadway and drainage improvements. ~hown on the..
plans are for informational purposes only and will be
performed by others.
B. The installation of the watermain across the LWDD
canal between the valves on either side of the canal
is to be performed by others.
1. 7 LOCATION
Work covered under this project is located along Old
Boynton Road between Congress Avenue and Boynton Beach
Blvd.
1.8 PROJECT FUNDING
This project is fully funded from the Utility General
account(s) established by the City of Boynton Beach.
1.9 COORDINATION
A. Contractors shall coordinate their work through the
Project Manager and/or Engineer to provide for the
orderly prosecution of work and the interfacing of
work provided by different trades. Ample notice shall
be given to the Owner and all work consisting <;>f
connecting to existing facilities shall be planned and
scheduled so as not to interfere with the operation of
the existing facility.
B. The Contractor shall coordinate all testing with the
proj ect Manager and/ or Engineer to provide accura te
data collection during all phases of construction.
All testing shall be performed "to the satisfaction of
the Project Manger and/or Engineer.
1.10 OWNER SUPPLIED PRODUCTS
A. None
1.11 SEQUENCE OF WORK
A. Contractor shall schedule his work as set forth in the
Instructions To Bidders, General Conditions For
Construction and other Contract Documents.
B. Construct Work in stages to acconunodate the Owner's
use of the premises during the construction period;
coordinate the construction schedule and operations
with the Project Manager.
January 2006
01100 - 3
Summary
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.
1.12 CONTRACTOR USE OF SITB AND/OR PREMISES
1. Work by other Contractors
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A. Contractor shall limit his use of the premises for
work and storage to allow for:
2. Owner occupancy
3. Public use
B. As specified in the City of Boynton Beach ROW Permit,
the Contractor shall, at all times, maintain one
travel lane open when performing work in the public
right of way.
C. Coordinate use of premises under direction of the
Project Manager and/or Engineer.
D. Assume full responsibility for the protection and
safekeeping of products under this Contract, stored on
the site.
E. Move any stored products, under Contractor's control,
which interfere with operations of the Owner other
Contractors or the general public.
2.1 All materials are to be ~ IN THE UNITED STATES OF AMERICA.
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F. Obtain and pay for the use of additional storage or
work areas needed for operations.
1.13 OWNER OCCUPANCY
A. Owner may occupy or need access to the project site
during the entire period of construction. Coordinate
and cooperate with Project Manager in all construction
operations to minimize conflict and to facilitate
Owner usage.
B. Contractor shall at all times conduct his operations
so as to insure the least inconvenience to the general
public.
2 PART 2 PRODUCTS
2.2 SALVAGED MATERIALS
January 2006
01100 - 4
Summary
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In the absen<?e of' special provisions t.o tl),e Co.n.trc.-G.t:,...
salvaged materials, equipment or supplies that 'occur are the
property of the Owner and shall be cleaned, stored and
delivered to the Owner as directed by the Project Manager.
2.3 CERTIFIED CHEMICALS
The Contractor shall use U. S. Department of Agriculture
certified chemicals only during performance of all work
under this contract. All chemicals used during proj eet
construction or furnished for project whether herbicide,
pesticide, disinfectant, polymer, reactant or other
classification, must show approval of either EPA or USDA and
be accompanied by an MSDS. Use of all such chemicals and
disposal of residue shall be in strict conformance with
manufacturer's instructions.
3 PART 3 EXECUTION
3.1 CONTRACTOR SUPERVISION
A. As required by the Contract Documents, specifically GC
3 AUTHORIZED REPRESENTATIVES, the Contractor's
assigned and Owner approved project Superintendent
shall be on site at all times and actively engaged in
controlling and coordinating all' on site project
activities including direction and oversight of self-
performed and subcontractor work activities.
B. The Superintendent shall have the full authority to
receive instructions from the Project Manager and
Engineer and to execute the orders or directions of
the Project Manager and Engineer.
C. The Superintendent shall give the work the constant
attention necessary to ensure the scheduled progress
D. If, in the opinion of the Project Manager, the
Contractor's project Superintendent or in his approved
absence the Contractor's Project Manager is NOT on site
and actively engaged in controlling and coordinating
the site activities, the Project Manager shall have the
authority to suspend all work activities, without cause
for claim, until the Contractor's Superintendent or the
Contractor's Project Manager regains direct control and
coordination of the project's work activities.
3.2 GENERAL
January 2006
01100 - 5
Summary
A. The __Cont.ractor shall, prior to entering any sectio\
prepare Pre Construction v~aeo and digita'
photographs, in accordance with Section 01390 VIDEO
SITE SURVEY, of each property and ROW areas
determine existing site conditions. Together the
video and photographs will provide the basis for the
condition of restoration required In Section 02960
RESTORATION OF SURFACE IMPROVEMENTS.
B. The Contractor shall notify all property owners
residents 48 hours prior to working in public Rights-
of-Way or easements affecting or adjoining their
properties. Notification shall be by hand-delivered
flyer that shall contain the following information:
Project Name
Date of Commencement
Description of Work
Name of Contractor
Name of Contractor's Representative
Local Phone Number of Contractor's Representative
The Project Manager must approve the Contractor's
notification prior to issuance.
C. The Contractor shall, prior to the removal of any
fences, erect temporary fences to secure the owner's
property. These temporary fences shall be of 4' high
woven wire (2" x 4" grid), on the T line post 10' on
centers. These fences shall run along the easement
line and will remain in place until the permanent
fence is re-erected.
D. The Contractor shall not start major construction
acti vi ties 1 such as pipeline and structure
excavations, or preparation for major activities, such
as setting wellpoints and header pipe, just prior to
extended holiday periods such as the typical week
taken off at the end of each year.
3.3 NPDES COMPLIANCE
A. Prior to the commencement of work, the Contractor must
obtain the permit coverage for stormwater discharge
from large and small construction activities and must
implement appropriate pollution prevention techniques
and SWppp to minimize erosion and sedimentation to
properly manage the stormwater runoff. The Contractor
shall prepare a NPDES Site Plan including sketches and
Best Management Practice procedures for review and
January 2006
01100 - 6
Summary
.~. comment. from the proj ect Man.ager. The NPDES....si te Plan
shall include the control of stormwater, ground water
and subsurface water during dewatering operations.
(DEP adopted Rule 62-621.300 (4), F.A.C., with specific
provisions for requesting permit coverage for the
management of stormwater discharge from large and small
construction activities.)
B. The permit coverage for construction activities is to
be obtained by submitting DEP form 62-621.300 (4) (b)
Notice of Intent (NOI) to Use Generic Permit for
Stormwater Discharge from Large and Small Construction
Activities and by preparing and implementing a
Stormwater Pollution Prevention Plan (SWPPP). After
construction is complete, Notice of Termination (NOT)
to discontinue the permit coverage is to be submitted
by utilizing form 62-621.300 (6).
C. For additional information contact NPDES Stormwater
Section at:
Florida Department of Environmental Protection
Tallahassee, FL 32399-2400
(SSO) 921-9904
3.4 PROTECTION OR REMOVAL OF UTILITY LINES
A. Prior to construction the Contractor shall locate for
physical location, elevation and dimensions and
adequately uncover existing utilities, (within the path
of his proposed work), to determine possible conflicts.
By starting underground constructions, the Contractor
has agreed that they are fully responsible for any and
all damages and/or delays that may arise from not
having adequately locating the underground utilities.
This applies to underground utilities that are shown on
the project construction drawings and those that have
been physically marked in the field by the various
locating organizations or agencies.
B. Information provided on the plans may be used as an
approximate guide to assist the Contractor, however,
the Contractor shall rely on actual field investigation
to assure that all of the existing utilities are
accurately located prior to commencement of his work.
C. Existing structures reflect the best available
information, but it shall be the Contractor's
responsibility to acquaint him with all information and
January 2006
01100 - 7
Summary
.to. avoid confljct with existing conditions Protect aj
existing utility lines that are to be retained, c
utility line constructed during excavation operations,
from damage during excavation and backfilling; iF
damaged, repair at Contractor's expense.
D. Existing Utility Lines to be Retained: Repair damaged
lines that are not shown on drawings, or locations of
which are not known to Contractor in sufficient time to
avoid further damage.
E. Uncharted or incorrectly charted underground utilities
that are discovered during construction shall be
incorporated into the project As-Builtswith vertical
and horizontal coordinates.
F. Prior to commencement of any excavation, the Contractor
shall comply with Florida Statute 553.851 for the
protection of underground gas lines and underground
telecommunication lines.
END OF SECTION
January 2006
01100 - 8
Summary
EXHIBIT "B"
BID/PROPOSAL
(Attached)
Quote To: Bid I Proposal Project Information:
The Sembler Company Old Boynton Road
1450 South Johnson Ferry Road Old Boynton Road Utilities
Atlanta, Ga. 30319 Improvements
404-847 -1800 '
404-847 -1818 ,
PBG Proposes to provide all necessary equipment, materials, labor and supervision to perform the work below on the above named!
project base on listed plan as drawn and as per listed dates and last revision. ,
Line Bid Items
Description
Paving Items
Item No
A
PSG
9)
1250 Gateway Rd
Lake Park, FI 33403
(561) 842-9551 OFC
p
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
.17
General Conditions/Mobilization
Maintainence of Traffic
6" CI 50 DIP
4" CI 50 DIP
8" Epoxy Lined DIP (Gravity Sewer)
8" Fernco Couplings
4" 45 Bend
4" 90 Bend
4" Gate Valve
6x4 Tee
4" Hymax Sleeve
6" 11-1/4" Bend
6" 22-1/2" Bend
6" 45 Bend
6" 90 Bend
6"Tee
6" Gate Valve
6" Hymax Sleeve
6" Cap
6" Plug
6" Insertion Valve
8x6 Tappinq Sleeve & Valve on 01
6x6 Tappinq Sleeve & Valve on 01
6" Tappinq Sleeve & Valve on AC
Fire Hydrant Assembly
Water Service Connections
Water Service Ancillary Items
Water Service Pipe PE
Water Service Pipe Copper
PVC Pipe Sleeves
16" Cap
2" Blowoff
Grout Fill & Abandon 6" FM
Grout Fill & Abandon 16" FM
Grout Fill & Abandon 6" WM
Grout Fill & Abandon 4" WM
Remove 16" FM
Remove 6" WM
Remove Fire Hydrant
Connection to Existing WM
Permanent Asphalt Trench Repair
Temporary Trench Repair Roadway Areas
Permanent Driveway Apron Repair
Temporary Trench Repair Driveway Areas
Permanent Cone Sidewalk Repair
Temporary Sidewalk Repair
~I Jrh Rpn/;:,rpm;:,nt
I
.,
I
----r
-.---+-.
i
--
QTY
UT
1 LS
1 LS
3,000 LF
75 LF
20 LF
2 EA
4 EA
2 EA
2 EA
1 EA
1 EA
2 EA
1 EA
34 EA
16 EA
13 EA
14 EA
4 EA
2 EA
1 EA I
4 EA T
1 EA I
2 EA
1 EA
8 EA
27 EA
33 EA
1 00 LF
520 LF
290 LF
1 EA
2 EA
800 LF
2500 LF
3100 LF
100 LF
350 LF
300 LF
1 EA
5 EA
300 SY
450 SY
400 SY
400 SY
-- I
20 SY
700 SY -!
1 nn I i=
DATE:
November "12. 2008
",~...,"_.,._..-..-.;\
UT Rate
i
Line Totals
i
$9,560.00 $9,560.00
$5,000.00 $5,000.00
$22.00 $66,00000
$23.00 $1,72500
$125.00 $2,500.00
$185.00 $370.00
$215.00 $860.00
$225.00 $450.00
$850.00 $1,700.00
$285.00 $285.00
-
$225.00 $225.00
$250.00 $500.00
$250.00 $250.00
$250.00 $8,500.00
$280.00 _ $4,480.00
$290.00 $3,77000
$950.00 $13,300.00
$295.00 $1.180.00
$150.00 $300.00
_..._~-
$150.00 $150.00
$2,950.00 $11,800.00
$4,250.00 $4,25000 .
$3,850.00 $7,700.00
$3,850.00 $3,850.00
$3,20000 $25,600.00 I
$37500 $10,125.00 ..
$40000 $13,200.00
$1000 $1,000.00 I
$1400 $7,280.00 I
$10.00 $2,900.00 'I'
$1,560.00 $1,560.00 .
$850.00 $1,700.00 I
$5.00 $4,000.00
$12.00 $30,OOOOOJ
$5.00 $15,500.00 I
$5.00 $50000 I
$12.00 - $4,200.00 I
$1000 $3.000.001
$35000 -- - . S350.00 I
.-
$3,250.00 $16,250.00
$4500 __ $13.500.001
$3000 . $13.50000
-r-----------
$4800 i $19.20000 I
$30.00 : $12.000001
--...--------.-. -.--- I.
$4500--->-_ ____~_ $900 00 I
$35.00 $24,500 00 ~
<tAn nr' ---------- --''1;,1 nnn (1n l'
I
+--
48 Sodding 1250 SY $3.25 $4,062.50
49 Seed and Mulch 2300 SY $0.50 $1,150.00
50 Project Record Drawings/Asbuilts 1 LS $3,000.00 $3,000.00
51 Survey 1 LS $3,500.00 $3,500.00
52 Density testing 1 LS $5,500.00 $5,500.00
f- Total
I- $390,682.50
Notes I Exclusions:
1 . Relocation or Removal of Poles
Larry Manning
Palm Beach Grading, Inc.
EXHIBIT "COO
DEVELOPER'S INSURANCE CERTIFICATE FORM
(Attached)
IS such insurance as is afforded by !hose com anies.
Certificate of Insurance
his certificate is issued as a matter of infonnation only and coofers no rights upon the certificate holder. This certificate is not an insWOlllCC policy and does not affinnatively or negatively amend, extend, or
Iter the coverage afforded by the policies listed below. Policy limits are no less than those listed, although policies may include additinnal sublimits not listed below Policy limits may be rtduced by claims
r other ents.
llis is to certify that (Name and address of Insured)
is certificate is executed b Liberty Mutual Insw:ance Grou as
BM0068
Ii......'..
. . ,
:;. " ..
.. ...
.. '." --- '-.-" . . ,.. .
....... .. ..._ ..n
",.". '", ;on
::.:..' . -. ...
.. . '. ";'E'''''..b""""''i.-,,,'''''''''
" . -... -'1 e' ,
...............=- ,......... ....:.~.
,..' ; ...:.. .':MutuaJ.~~
. .' _ . ::": .,~:.".:" !::-._,,":":: i:" .:.. .."'-.!.;
.- . .......... ,... ....... .
. . .~.. ..... .., L. ,__ _ .._. .
., ..- .---....
95 }'essAvenue, LLC
'he Sembler Company Inc.
858 Central Ave.
:aint Petersburg, FL 33707
at the issue date of this certificate, insured by the Canpany under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and
aot altered by any requirement, term or oondition of anY contract or other document with respect to which this certificate may be issued.
Expiration Type EffJExp. Date(s) Policy Number(s)
Continuous*
i--
X
Extended
Policy Term
Limits of Liability
Coverage afforded under we law of Employers Liability
the following stares:
Bodily Injury By Accident
Each Accident
-
01/0112009/0110112010 ASl-651-288543-029
Bodily Injury By Disease
Policy Limit
Bodily Injury By Disease
Each Person
General Aggregate-Other than Prod/Completed Operations
$2,000,000
Products/Completed Operations Aggregate
$2,000,000
Bodily Injury and Property Dall1age Liability
$1,000,000
Personal and Advertising Inj ury
$1,000,000
Other Liability I Other Liability
$100,000 Dmg to Prem Rtd.
Each Accident - Single Limit - B. I. and P. D. Combined
$1,000,000
Each Person
Per
Occurrence
Per Person /
Orl!anization
Workers Compensation
0110112009/0110112010 TB2-651-288543-019
General Liability
L J Claims Made
rxl Occurrence
I
Retro Date
Automobile Liability
'-- Owned
~ Non-Owned
X Hired
Each Accident or Occurrence
Each Accident or Occurrence
: RE: THE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY COVERAGE (LG
) 3220).
f1.
VI:
~
r
)
MPORTANT If the certificate holder is an ADDITIONAL INSURED, Ibe policy(ies) must be endorsed. A $l.atement on this certificate does not confer righl$ to the certificate holder in lieu of SUCh endorsemem(s). If
;lJBROGATION IS WAIVED, S1.Ibject to Ibe forms and conditions of the policy, certain policies may require an end"",ement. A statement on Ibis cenificate does not confer rights to the certific.ate holder in lieu of such endorsements.
[be following applies only with ...peel to insurance for motor c.arriers regis1ered in Florida: As providod for in Fla. Stat. ~ 320,02(5)(.), the listed insurance policy may not be cancelled on Ie.. than 30 days wrinen notice by the insurer
o the Deputmf!f'tt ofHwy Safely &. Mot<K VcbicJes, such 3D days notice to commena-from date noria. is received by tbe Department'-
~otice of cancellation: (not applicable LJRless a number of days i; entered below). Notice of Cancellation does not apply when policy(ies) are canceled due to non~payment of premium. Before the $Uted expiratil)n date the company
,rill not cancel or reduce the in$Urancc: afforded under the above policies until at least 30 days notice otsuch cancellation has been mailed to the be~ow listed Certificate Holder_
Office: FT. LAUDERDALE, FL-COMMERCIAL MKTS Phone: 954-851-1050
~d&-A- \)~~L~~~~:
FELICE VINARUB
Certificate Holder.
CITY OF BOYNTON BEACH
DIRECTOR OF PUBLIC WORKS & ENG.
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FL 33425
Authorized Reuresentative
Date Issued: 01/06/2009 Prepared By: LW
ACORD",
l
I PRODUCER
Arthur J. Gallagher Risk Management Services, Ine
CERTIFICATE OF LIABILITY INSURANCE
DA TE IMMIDDIVj'j'V
1-727-797-4190
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOIJI'
-~~-
12600 McCormick Drive
1 Sui te 300
1;;~~~~~~~e~L 33759 _~___d_~_______
!INSURED
1950 Congress Avenue, LLC
\The Sembler Company
!5858 Central Avenue
1
I
1St Petersburg, FL 33707-1728
I
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 suet-'
I POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR DD' I POLICY EFFECTIVE! POLICY EXPIRATION
L TR NSRD TYPE OF INSURANCE POLICY NUMBER , DATE (MMIDDIYYl ' DATE (MM/DDIYY\ -l-- ~_,__,__ LIMITS
GENERAL LIABILITY EACH OCCURRENCE
~ '-DAMAGE TO RENTED
Ff' I COlMMERCIAL GENERAL LIABILITY PREMISES (Ea occuren~----+.~
! , ,..J CLAIMS MADE OCCUR ".1;1100 EXP (Anyone pers,:,n,) :",' ~
PERSONAL & ADV INJURY >
~j
INSURERS AFFORDING COVERAGE
NAIC#
INSURER ^ NATIONAL SURETY CORP
lkS
INSURE'.R B
INSURER !.
INSURER Co
, INSURER E
GENERALAGGREGA1E
____l__~_
, ,
.___-.----l _..,~__~~___~.~
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT LOC
, AUTOMOBILE LIABILITY
f-- ANY AUTO
I
I , ALL OWNED AUTOS
1------1
H SCHEDULED AUTOS
, , HIRED AUTOS
i ~__,~
! NO,"-OWNED AUTOS
r-~
, i
PRODUCTS COMPIOP AGG S
COMBINED SINGLE LIMIT
rEa accident'\
BODILY INJURY
{Per person I
BODIL Y INJURy
(Per accident!
+-
PROPERTY DAMAGE
(Per accident)
A'
SU00005400l003
01/01/09 !
AUTO ONL Y EA ACCIDENT
OTHER 1 HAN [,A ACC ! $
A.LJTO ONL Y -.----~-_t-
,-_..~---,-~-,-,-"-_.._-
!~~,:,C?CCUf3.~.ENCE S 25,000,000
AGGREGA1E S 25,000,000
I GARAGE LIABILITY
ANY AUTO
~ESS/UMBREL~BllITY
~_l OCCUR ~_j CLAIMS MADE
01/01/10
DEDUCTIBLE
X RETENTION
$ 0
I WCSTATU- I IOTH'I
[TORY LIMITS Lm___
E '- EACH ACCIDENT
i 1
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
i If yes. describe under
1 SPECIAL PROVISIONS below
OTHER
EL DISEASE EA EMPLOYEE S
E L DISEASE - POliCY liMIT
!
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Umbrella is follow form.
CERTIFICATE HOLDER
CANCELLATION
City of Boynton Beach
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 30_.. DAYS WRI1Tr..
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO S,
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
100 E Boynton Beach Blvd
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~
s., .
~
@ ACORD CORPORATION 1988
Boynton Beach, FL 33435
USA
ACORD 25 (2001/08) stabroo
10860991
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
I
EXHIBIT "C-1 "
CONTRACTOR'S INSURANCE CERTIFIC ATE FORM
(A ttached)
H:\1990\900182.BB\AGREEMENTS 2009\OBR Utility Construction Contract.doc
_ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
01/15/2009
PRODUCER (305)822-7800 FAX (305)822-1621 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami Lakes, FL 33014-9315
INSURERS AFFORDING COVERAGE NAIC#
,ED Palm Beach Grading Inc. INSURER A: Phoenix Insurance Company
PBG of Central Florida, Inc. INSURER B: Travelers Property Casualty
Silas Equipment, LLC INSURER C: Bridgefield Employers Ins Co
1250 Gateway Road INSURER D:
Lake Park, FL 33403 INSURER E:
~OVI=RAGES
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 Am 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.
1!'f~Jl ~~~ TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE ~~!fcY EXPIRATION L1MlTS
GENERAL LIABILITY DT-CQ-34SK8890-COF-08 09/05/2008 09/05/2009 EACH OCCURRENCE $ 1,000,000
- DAMAGE TO RENTED 300,000
X COMMERCIAL GENERAL LIABILITY $
- =:J CLAIMS MADE 0 OCCUR
MEO EXP (Any one person) $ 10,000
-
A X PO OED OCC $5K PER ENDT. CGD2470805 PERSONAL & ADV INJURY $ 1,000,000
X BLNKT ADD'L INSD PER ENDT. CG20370704 GENERAL AGGREGATE $ 2,000,OOC
GEN'L AGGREGATE LIMIT APPLIES PER: PER ENDT. CGD610305 PRODUCTS.COMP/OPAGG $ 2,000 r OOC
h POLICY !Xl r:& n LOC CONTRACTUAL LIAB INCL
AUTOMOBILE LIABILITY DT-810-345K8890-TIL-08 09/05/2008 09/05/2009 COMBINED SINGLE LIMIT
I-- (Eo accidenl) $ 1 , 000 , OOC
~ ANY AUTO
ALL OWNED AUTOS BODILY INJURY
l- S
SCHEDULED AUTOS {Per person}
B -
X HIRED AUTOS BODILY INJURY
- (Per accident} $
X NON.OWNED AUTOS
-
~ VARIOUS DED PROPERTY DAMAGE
{Per accident} $
GARAGE LIABILITY AUTO ONL Y . EA ACCIDENT $
=i ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
~ESS/UMBRELLA LIABILITY DT M-CUP-345K8890-TIL-08 09/05/2008 09/05/2009 EACH OCCURRENCE S 10,00O,00C
X OCCUR D CLAIMS MADE AGGREGATE $
B UMBRELLA $ 10,000,OOC
~ DEDUCTIBLE IS FOLLOW-FORM $
X RETENTION $ 10, OOC $
WORKERS COMPENSATION AND 83029807 02/01/2008 02/01/2009 X I WC STATU., I IOJbl-
EMPLOYERS' LIABILITY 1,000,00C
C ANY PROPRIETORlPARTNERIEXECUTIVE E.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE S 1,000,000
If yes, describe under 1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER QT6606382L321-TIL-0& 09/05/2008 09/05/2009 LEASED/RENTED $500,000
A QUIPMENT FLOATER SCHEDULED EQUIPMENT
DED-SK/CRANES 15% OF VALUE
DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES! EXCLUSIOHS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ity of Boynton Beach, 1950 Ave, LLC and Wells Fargo, N.A. are named additional insured on
general liability insurance.
CERTIFICATE HOLDER
CANCELLATION
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
;~T:::~R;~:~::;;~NDYS ~ J~~/
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
VI.-CONSENT AGENDA
ITEM D.
o Announcements/Presentations
o Administrative
[gJ
o
o Public Hearing 0
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of
December 2008 and January 2009.
!"\"t ~,O~'"
/. \
i.. ;
Jl\ ' !X
0\ fU
, )..' '
~,. __f<- \l"
'0 N '9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.1.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) [gJ
0 January 6, 2009 December IS, 2008 (Noon) 0
0 January 20, 2009 January 5, 2009 (Noon) 0
D February 3, 2009 January 19, 2009 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 17,2009
February 2,2009 (Noon)
March 3, 2009
February 17,2009 (Noon)
o
March 2, 2009 (Noon)~
..."
FT1
March 16, 2009 (Noon~
I
N
March 17, 2009
April 7, 2009
NATURE OF
AGENDA ITEM
D
D
D
o
-0
City Manager's Report ::I:
New Business .r::-
Consent Agenda
Code Compliance & Legal Settlements
Legal
Unfinished Business
o
o
C?
9:rl-
-'f ""
~
,:"') ......
'-'CD
Pl,o
~-<
~z:
<,l) --!
o
oz
~j .
~~g"
'':'i .
,
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall me a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager.
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead
of processing for approval, and allow for more timely purchases to be made.
ALTERNA~IVE' ~ONE -'),"
<-c//~ A_l~. /
-. '} I 1/. .)4 -r:.. ^
",' ,_ /././" / /,/ .-4/:J r /''0
Department Head's Signature
~
City Manager's Signature
Assistant to City Manager " Cn"l.~)
/.~
i:: .--r- -
-, ,I 1;>1> t/I"'{' -'",
City Attorney I Finance \...
~~~
Procureme t Ices
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR DECEMBER 2008 AND JANUARY 2009
: 1. Vendor: CFM AIR CONDITIONING INC
Requesting Department: PUBLIC WORKS
Purchase Amount:
Contact Person: PAULA LEBLANC
Date: 12/16/08
$15,22000 I
Brief Description of Purchase:
SENIOR CENTER DUCT REPLACEMENT
Source for Purchase:
3 QUOTES
Fund Source: 302-4101-580-9903
CP0508
Purchase Amount:
Contact Person: GLENDA HALL
Date: 1/30/09
$30,500.00 '
2 Vendor: DELRAY GARDEN CENTER, INC.
Requesting Department: FORESTRY & GROUNDS
Brief Description of Purchase:
FILL & TOP SOIL FOR THE LIBRARY
Source for Purchase:
CONSTRUCTION
Fund Source: 302-4101-580.99-03
13 Vendor: POST BUCKLEY SCHUH & JERNIGAN
Requesting Department: UTiLITIES
I
I
I
Purchase Amount:
Contact Person:
Date:
$24,968,00 I
PAUL FLEMiNG
11/7/06
Brief Description of Purchase:
CHANGE ORDER TO PURCHASE ORDER FOR AMENDMENT #3 - ADDITIONAL SURFACE RESTORATION AND INCORPORAT,
OF LIGHTING - PER REQUEST FROM CRA
Source for Purchase:
CONSTRUCTION
Fund Source: 406-5000-590-65-02
4 Vendor: MIDRANGE SUPPORT & SERVICE
Requesting Department: ITS
Purchase Amount:
Contact Person: CATHY MCDEAVITT
Date: 1/14/09
i
$27,98500 i
Brief Description of Purchase:
MAINTENANCE AGREEMENT IS FOR 24/7 HARDWARE AND SOFTWARE TECHNICAL SUPPORT FOR THE IBM I SERIES, HTE
IBM I series houses our HTE modules used by all city departments
Source for Purchase:
SOLE SOURCE
Fund Source: 001-1510-513-46-22
5 Vendor: DELL MARKETING LP
Requesting Department: iTS
Purchase Amount:
Contact Person: CATHY MCDEAVITT
Date: 1/7/09
$38,380.40 i
Brief Description of Purchase:
COMPUTER REPLACEMENT PROGRAM FOR COMPUTERS THAT ARE RETIRED AFTER 4+ YEARS.
Source for Purchase:
STATE CONTRACT #250-000-03-0
Fund Source: 001-1510-513-64,15
Page 1
6 Vendor: TALLEY WALKER SERVICES, INC.
~equesting Department: ENGINEERING
L)rief Description of Purchase:
SIDEWALK REPAIRS
Source for Purchase:
3 QUOTES
7 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
8 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
9 Vendor:
qequesting Department:
drief Description of Purchase:
Source for Purchase:
10 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
Page 2
Purchase Amount:
Contact Person:
Date:
$19,890.00
GEORGE MANTELL
1/7/09
Fund Source: 302-4905-580.63-24
Purchase Amount:
Contact Person:
Date:
Fund Source:
Purchase Amount:
Contact Person:
Date:
Fund Source:
Purchase Amount:
Contact Person:
Date:
Fund Source:
Purchase Amount:
Contact Person:
Date:
Fund Source:
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
~~.C). it
()6 5 U
SATE:
~ :J t_
VENDOR
1115
TO: CFM AIR CONDITIONING INC
PO BOX 244645
BOYNTON BEACH, FL 33424
SEIP TO:
City of Boynton Beach
PUBLIC WORKS DEPARTMENT
222 N.E. 9TH AVENUE
BOYNTON BEACH, FL 33435
DA TE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
47905
ORDERING DEPARTMENT: PUELI C WORKS / AM
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
,
.L
15220.00 EA
SENIOR CENTER DUCT REPLACEMENT
1.0000
1 5 :2 2 C: C'
REMARKS:
Demolition and installation of new metal duct
in the Senior Center.
PROCUREMENT SERVICES:
FLORIDA STATE SALES TAX EXE PTION
CERTIFICATE NO. 60-04-11 6451-54C
P.O. TOTAL:
~5220. 00 '
THE CITY OF BOYNTON BEACH IS EXEMPT FROM
FEDERAL EXCISE TAXES: WHERE TAX APPLIES
INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE
TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL
BE FURNISHED UPON REQUEST.
I POR AN INSTRUCTIONS
OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL
PACKAGES, TICKETS, INVOICES, STATEMENTS, AND
CORRESPONDENCE.
MAIL INVOICES TO:
FINANCIAL SERVICES DEPARTMENT
P.O. BOX 310
BOYNTON BEACH. FL 33425-0310
1.RENDER SEPARATE INVOICE FOR THIS
ORDER OR FOR EACH SHIPMENT THEREm
IMMEDIA TEL Y FOLLOWING SHIPMENT.
2.PREPAID FREIGHT CHARGEABLE TO THE
CITY OF BOYNTON BEACH MUST BE
SUPPORTED BY CARRIER'S RECEIPT
3JNVOICES AND STATEMENTS SUBJECT
TO CASH DISCOUNT SPECIFIED HEREON.
ORIGINAL
/
-----
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 090795
DATE: 01/30/09
VENDOR 1688
TO: DELRAY GARDEN CENTER INC.
3827 WEST ATLANTIC AVE
DELRAY BEACH, FL 33445
SHIP TO:
City of Boynton Beach
LIBRARY
208 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
T COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
1561)7426310
REQUISITION NO.
48344
ORDERING DEPARTMENT: PW/FORESTRY & GROUNDS
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
735.00 CYD EXCAVATE 735 YARDS OF FILL AND
REMOVE FROM SITE
25.0000
18375.00
2
485.00 CYD 4" LAYER OF TOP SOIL PLACED AND
GRADED
25.0000
12125.00
REMARKS :
c\~~r~3/564 sq. ft. of rock and shell rock, and
agd.411 .oftop soil to a final gradE: 2,j below curb
ang/or sidewalk.
.cCOUNT NO.
302-4101-580.99-03
P.O. TOTAL:
30500.00
PROCUREMENT SERVICES:
30500.00
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
- .;,4
'-).D;.TE:
VENDOR
2360
TO: POST BUCKLEY SCHUH & JERNIGAN
3230 COMMERCE PLACE
SUITE A
WEST PALM BEACH, FL 33407
SHIP TO:
,:::i ':.-y of Boynton Beact',
EAST UTILITY ADMIN
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
ORDERING DEPARTMENT:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
***********************************
UNIT COST
EXTENDED
COST
*
CHANGE #: 5
CHANGE ORDER
DATE CHG: 01/28/09
*
*
*
*
*
***********************************
10
24968.00 DL
DESIGN MODIFICATIONS REQUESTED BY
CRA
for the SE 4th Street Project to
include
additional surface restoration and
incorporation
of street lighting.
1.0000
24968 JD
11
1350.00 DL
PBS&J CHANGE NOTICE 2 - ISLE ROAD
PROPERTY
CORNER LOCATE.
1.0000
1350.JO
REMARKS:
COMMISSION APPROVED 02/17/2004
THIS IS A RE-ISSUED PURCHASE ORDER FOR FISCAL
YEAR 2007-2008.
4-18-08: Amendment 2, Task Order U04-16-12j
Commission approved 4-1-08j DEDUCT 241,583.00
4-30-'2008: Balanced accounts, established new
account; changed account numbers.
5-2-2008: Change Account number for WTR124.
PROCUREMENT SERVICES:
P.O. TOTAL:
ACCOUNT NO.
SEE BELOW
10-21-08: Change Order - increase PO 2453.00
1-28-2009: Add Amendment 3 (24,968.00) and Add
PURCHASING
err
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 10-Dec-08
Requesting Department: Utilities
Contact Person: Paul Fleming, PMP
Explanation for Purchase:
Request from eRA to modify certain design criteria on the SE 4TH Street project to include additional
surface restoration two (2) blocks northward from SE 2ND Avenue to East Ocean Avenue and re-
incorporation of electrical conduit for future streetlighting. The fee for the work effort identified in the
PBS&J task order Amendment (No.3) is a Time & Materials amendment that will be controlled and
monitored by the City's Senior Project Manager. PBS&J were the original design consultants
for the southeast Federal Highway Corridor.'
Recommended Vendor PBS&J
I Dollar Amount of Purchase $24,968.00
Source for Purchase (check and attach back!Jp materials):
Three Written Quotations D GSA D
State Contract D PRIDElRESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase DOther D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract,
Fund Source for Purchase:
406-5000-590-65-02 WTR124, 406-5000-590-65-09 STM030, 406-5000-590-65-04 SWR100, 406-
5000-590-65-11 REUDD2. Additional cost sharing is provided in an Interlocal Agrement with the
City's CRA.
Approvals:
V Department Head
Purchasing Agent
Asst City Manager
City Manager ~ M ~~
Form Revised 02101/02
Date
Date
Date
Date
~2....:2.~-oB
I ,-;)
. tYZ,3/0
r
kljp.C( lay
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
'it:
=ATE:
~4/C~
VENDOR
5275
TO:
MIDRANGE SUPPORT &
1122 EAST ATLANTIC
STE C
DELRAY BEACH, FL
SERVICE INC
AVE
SHIP TO:
=ity of Boynton Beach
ITS DEPARTMENT
100 E BOYNTON BEACH BLV-
BOYNTON BEACH; FL 334 ~ .'
33483
REQUISITION NO.
47988
ORDERING DEPARTMENT: ITS
I COMMISSION APPROVED:
INouml' '..hi"
PtHh 11d
,
DA TE NEEDED:
BID NO:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COS'T
1
1.00 EA I SERIES ANNUAL MAINTENANCE
SERIAL #0000D365B
12004.8400
12004.84
2
1. 0 0 EA
ULTRIUM TAPE AUTOLOADER ANNUAL
MAINTENANCE
SERIAL #001320006
3572.6800
') ::
68
3
1. 00 EA
ALERT FOR I SERIES ANNUAL
MAINTENANCE
525.1000
S2::, 0
4
1. 0 0 EA
SWMA FOR OS/400 AND I5/0S ANNUAL
MAINTENANCE
11882.4800
1188;' 48
REMARKS:
Maintenance Agreement is for 24/7 hardware and
software technical support for the IBM iSeries.
The IBM iSeries houses our HTE modules used by
all City Departments.
PROCUREMENT SERVICES:
FLORIDA STATE SALES TAX EXEMPTION
CERTIFICATE NO. 60-04-116451-54C
P.O. TOTAL:
;',7985.le.:
THE CITY OF BOYNTON BEACH IS EXEMPT FROM
FEDERAL EXCISE TAXES, WHERE TAX APPLIES
INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE
TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL
BE FURNISHED UPON REQUEST.
OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL
PACKAGES, TICKETS, INVOICES, STATEMENTS, AND
CORRESPONDENCE.
MAIL INVOICES TO:
FINANCIAL SERVICES DEPARTMENT
P.O. BOX 310
BOYNTON BEACH. FL 33425-0310
1.RENDER SEPARATE INVOICE FOR THIS
ORDER OR FOR EACH SHIPMENT THEREON
IMMEDIATELY FOLLOWING SHIPMENT
2.PREPAID FREIGHT CHARGEABLE TO THE
CITY OF BOYNTON BEACH MUST BE
SUPPORTED BY CARRIER'S RECEIPT
I
3.1NVOICES AND STATEMENTS SUBJECT
TO CASH DISCOUNT SPECIFIED HEREON
ORIGINAL
-=------=
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 090731
DATE: 01/07/09
Vt:rJDOR 7736
TO: DELL MARKETING LP
ONE DELL WAY
ROUND ROCK, TX 78682
SHIP TO:
City of Boynton Beach
ITS DEPARTMENT
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
REQUISITION NO.
48069
ORDERING DEPARTMENT: ITS
I COMMISSION APPROVED:
BID NO:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)7426310
DA TE NEEDED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
40.00 EA OPTIPLEX 755 DESTOP PER QUOTE
#466240225
VENDOR ITEM NO.~. 233-0588
959.5100
38380.40
REMARKS:
compvt:eriReplacement Program for Computers
t:q#t~J::E! reti.red. after 4+ years.
:PI,; .$';t'A.t$ CONTRACT 250 - 0 0 0 - 03 - 1
Ap$:>J:bbved BUdgeted Item,
PROCUREMENT SERVICES:
I
~
I P.O. TOTAL:
38380.40
'\CCOUNT NO.
001-1510-513.64-15
PROJECT
38380.40
PURCHASING
.---
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P,O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
.:-- :;:
') I~,
IJ]~.TE: r.
q
VENDOR 0833
TO: TALLEY WALKER SERVICES, INC.
5208 PALM WAY
LAKE WORTH, FL 33463
SHIP TO:
:ity of Boynton Beach
ENGINEERING DEPARTMENT
10C E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
48103
ORDERING DEPARTMENT: ENGINEERING
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
19890.00 DL
SIDEWALK REPAIRS
CP0263 SIDEWALKS-REPLACEMENT
REPAIR OF CITY WALKWAYS IN THE NW
SECTION
1.0000
19890.J
REMARKS:
Per proposal dated 12-18-2008.
PROCUREMENT SERVICES:
P.O, TOTAL:
19890.00
ACCOUNT NO.
302-4905-580.63-24
PROJECT
CP0263
19890.00
DIIDI"'U ^ CII\I~
.'G~ ,-.; y.~ ,5"fi>
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; . ;~ r>'"', .,' /~ V'"
~,~ ~~?<; _-"'<~) tv
VIII.-PUBlIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 16, 2008 December I, 2008 (Noon) [8J
0 January 6, 2009 December 15,2008 (Noon) D
D January 20, 2009 January 5, 2009 (Noon) D
D February 3, 2009 January 19,2009 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
February \7,2009 February 2, 2009 (Noon)
March 3, 2009
March 17,2009
March 2, 2009 (Noon)
February 17,2009 (Noon)
o
\.D
C-
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mo
-....... ....
~''''J """"-
:%IX
U'i-:-,
OJ
0%
-q
~..."""."..'.'.'."
.... '" .
;, '
:it:
April 7, 2009
March \6, 2009 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
[8J Public Hearing D
-0
::J:
o
c..t
RECOMMENDATION: Please place this request on the February 17,2009 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 27,2009, reconnnended that the request be approved,
subject to the limitation that the approval is specifically for the subject project, and that subsequent occupants of the facility
will be required to meet the parking regulations applicable to their particular use, or have similar parking demand
characteristics as the Boynton Cancer Center. For further details pertaining to this request, see attached Department
Memorandum No. 09-002.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Beach Cancer Center (ZNCV 09-001)
Richard K. Brooks, JT. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of Woolbright Road and SW nod Street)
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11. H.16.d(19), requiring 32 parking spaces, to provide 26
parking spaces; a variance of 6 parking spaces, to allow an addition to a medical office
within a C-I Office Professional zoning district.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
. ) /J
U~
Planning and Zo City Attorney / Finance
S:\Planning\SHARED\WPIPROJE S\Boynton Beach Cancer Ctr #2\Agenda Request Boynton Beach Cancer Ctr ZNCV 09-001 2-17-09 doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Manager's Signature
Assistant to City Manager ~
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-002
STAFF REPORT
Chair and Members
Planning & Development Board
Michael W. Rumpf
Planning and Zoning Director
.<....,
Ed Breese t;/c::::rj
Principal Planner
January 6, 2009
Boynton Beach Cancer Center I ZNCV 09-001
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations,
H.16.d(19), for a variance of 6 parking spaces, from 32 to 26 spaces, to
allow the second floor addition of an individual cancer treatment room to an
existing medical building within the (-1 Office Professional zoning district.
Property Owner:
Applicant/ Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Boynton Beach Radiation Oncology
Richard K. Brooks, Jr. Architect
2301 Woolbright Road (see "Exhibit A" - Location Map)
16,946 square feet I (0.39 acres)
Medical Office Building
Office Professional (C-1)
Right-of-way for LWDD L-26 (anal, then farther north is single residential homes,
zoned Single Family (R1-AA);
Right-of-way for Woolbright Road, then farther south is single residential homes,
zoned Single Family (R1-AA);
Right-of-way for SW 22nd Street, then farther east is multi-family residential (Venetian
Terrace Condominiums), zoned Multi-Family (R-3); and
Right-of-way for Leisureville Canal, then farther west is developed office, zoned Office
Professional (C-1).
Staff Report
Memorandum No PZ-09-002
Page 2
BACKGROUND
Mr. Richard Brooks, agent for Boynton Beach Radiation Oncology is seeking a zoning code variance of 6
parking spaces, from 32 to 26 spaces, to accommodate the second floor addition of an individual treatment
room to the existing Boynton Beach Cancer Center medical building. The property is located at the northwest
corner of Woolbright Road and SW 22nd Street. The applicant currently has the same individual treatment
room on the first floor, but since only one patient may be treated at a time, the need for a second treatment
room has arisen. The approved plans for the site indicate a total of 26 parking spaces are provided on the site
and would be retained as part of the second floor expansion. The proposed addition of slightly more than
1,000 square feet would require an additional six (6) parking spaces, based upon the minimum requirement
of 1 space for each 200 square feet of medical office space.
The applicant has hired Kimley-Horn and Associates, Inc., Transportation Engineers, to prepare a parking
study, in order to analyze the existing parking usage and determine the impact of the proposed addition on
the existing parking spaces. The consultant has determined, based upon current parking demand and building
design, that a variance of 6 parking spaces, is substantiated (a copy of that study is attached as "Exhibit C'').
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see
Exhibit "D''). The code states that the zoning code variance cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the lanet structure/ or building
involved and which are not applicable to other lands/ structures or buildings in the same zoning
district.
On the surface, no circumstances appear to be peculiar to the land on which this office building is
located. However, the property is one of the smaller C-1 Office Professional parcels fronting on the
Woolbright Road corridor. The agent however focuses on the structure portion of the variance criteria,
emphasizing that the design of the building floorplan greatly decreases the true amount of office
space, with the inclusion of an existing individual cancer treatment room, approximately 1,000 square
feet in size, and the proposed addition of a second. These treatment rooms house specialized
equipment (see Sheet A-2 - Exhibit B) which fill the space and allow for treatment of one patient at a
time. As a result, approximately 2,000 square feet of the 6,130 square foot medical building, or nearly
one-third (1/3) of the floorspace is dedicated to equipment and individualized treatment. The agent
states that each treatment room can handle one patient and one technician, therefore this 2,000
square foot portion of the building would accommodate 4 persons. Based upon the City parking
requirement of one space per 200 square feet of medical office space, this part of the building would
necessitate 10 parking spaces, when the demand for only four (4) spaces is generated due to the
design and operation of the facility. It would seem evident from the floorplan, that the space-to-
person ratio of useable area within the building is not that of a typical medical office, and that this
characteristic does distinguish this use/facility from the typical or average doctor' office on which the
parking calculations were based, thus meeting the special circumstances determination of the
variance criteria.
b. That the special conditions and circumstances do not result from the actions of the applicant.
The agent states that, "Cancer treatment is a specialized medical treatment that cannot be easily
::>taii Repon
!Vlemorandum Nc PZ-I)9-CiCi:
;:::'age ,-
categorized with standard medical offices, which operate in a different manner, ,-equire:j fewer
parking spaces due to slower patient turnover and less multiple use square footage within the
building". The parking analysis prepared by the engineering consultan states that," .the maximum
accumulated parking resulted in 18 spaces for the existing 5,180 square foot medical office facility.
With 100 percent occupancy and no seasonal adjustment per the Shared Parkinq, 2nd Edition and
with a 15% adjustment factor to allow for orderly turnover of spaces, the observations indicated an
existing parking demand of 21 spaces...". The consultant goes on to state that the provided parking
would be adequate for the existing office space and the proposed addition. Staff has visited the site
on numerous occasions during this review period and observed between nine (9) and fifteen (15) cars
in the lot, with the average being 13, which is 50% of the spaces provided on site.
c. That granting of the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands; buildings; or structures in the same zoning district.
The agent states that the granting the variance request will not confer any special privilege, and has
gone to the extent of having a parking study prepared, and as discussed above, the analysis indicates
adequate parking would be provided even with the proposed addition. The agent further notes that
this medical treatment use operates dissimilar to other doctors offices, in that they do not have a
waiting room full of patients, numerous exam rooms or handle the volume of patients of a typical
doctor's office. Therefore, they do not believe any special treatment is being sought and that other
operations that can demonstrate similar characteristics would be afforded the same consideration.
d. That literal interpretation of the provisions of this ordinance would deprive t/7e applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
The agent reiterates that the strict parking interpretation of medical offices does not fit their operation
and, with the dedication of approximately one-third (1/3) of the office space to specialized treatment
with limited patient capacity, the parking requirement is an undue hardship.
e. That the variance granted is the minimum variance that wI!! make possible the reasonable use of the
land; building; or structure.
According to the agent, the variance is the minimum necessary in order to provide the office with a
second treatment room. The size of the building addition is determined by the physical requirements
and specification of the specialized equipment housed therein. The building addition would be on the
second floor and not eliminate any of the existing parking.
f That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
In response to this criteria, the agent concludes that the variance would not be injurious to the
neighborhood and in fact, would benefit residents who would have access to these specialized
treatments in close proximity to their homes. The parking study concludes that adequate parking will
be provided for the intended use. And, as noted previously, staff inspected the premises on several
occasions to determine the validity of the parking study and found the parking lot underutilized. The
intent of the parking code is to ensure that adequate parking is provided for each business.
Sometimes the parking code cannot address the full spectrum and wide range of business activities
operating under the same title, like doctor's offices. One size does not necessarily fit all, but it may
not be possible to design a code that will cover the range of different operations. In this instance, and
Staff Report
Memorandum No PZ-09-002
Page 4
based upon the professional parking study conducted and staff observations, the intent of the code
that adequate parking be provided, appears to be met.
g. For variances to minimum lot area or lot frontage requirements, that property is not available from
adjacent properties in order to meet these requirements, or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide an
affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property,
Since the request is for relief from the parking regulations, this particular criteria is not applicable.
RECOMMENDATION
Staff has reviewed the requested variance focusing on the applicant's responses to the above criteria
contained in Exhibit "D". A variance is to be granted on the basis of a hardship, which is established by
characteristics other than those created by the landowner, or previous owner(s), various site improvements
or alterations. The subject request has been initiated for a reduction in the required parking, based upon the
fact that the applicant's medical use does not function like a typical doctor's office, but a specialized,
individualized treatment facility, with a large percentage of floor space devoted to the unique type of
equipment used for cancer treatment. Based on the analysis contained herein and the professional parking
study submitted as justification, staff finds that a hardship does exist. While it may not be the "traditional"
hardship associated with a peculiarity of the property itself, the hardship is one based upon the use and
operation of the facility, and a parking regulation that does not adequately address the wide deviations in the
way businesses operate. The parking study and staff observations confirm that, "the granting of the variance
will be in harmony with the general intent and purpose of the ordinance and that such variance will not be
injurious to the area involved or otherwise detrimental to the public welfare", After careful review and
analysis of the information provided, staff recommends that the request be approved. No conditions of
approval are recommended; however, any conditions of approval added by the Planning and Development
Board or City Commission will be placed in Exhibit "E".
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Cancer Ctr #2\ZNOJ 09-001 \Staff Report.doc
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BOYNTON BEACH CANCER CENTER
WOOLBRIGHT ROAD & SW 22ND STREET
BOYNTON BEACH. FL
RKS-
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EXHIBIT "e"
Kimley-Horn
and Associates, Inc.
August 25, 2008
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Mr. Richard Brooks
RKB Architects Planners Incorporated
4800 North Federal Highway
Suite B 1 04 - Sanctuary Centre
Boca Raton, Florida
Re: Boynton Beach Cancer Center
Parking Study
Boynton Beach, Florida
144130004
Dear Mr. Brooks:
Kimley-Hom and Associates, Inc. has completed a parking demand study for the
Boynton Beach Cancer Center expansion site referenced above. The site is located on
Woolbright Road, west of SW 22nd Street in Boynton Beach, Florida.
Parking Demand
The site is proposed to have 26 parking spaces. The requirement, based on City
of Boynton Beach code requirements, is 32 spaces. The site currently consists of
5,180 square feet of medical office with 26 parking spaces provided (26 spaces
are required by code). In the planned expansion, it is desired to expand the
current site to 6,365 square feet of medical office which will increase the parking
required by code to 32 spaces.
Peak Parking Accumulation
To determine the actual peak parking accumulation of the Boynton Beach Cancer
Center, parking observations were performed on August 12-14,2008. As shown
in Table 1, the maximum accumulated parking resulted in 18 spaces for the
existing 5,180 square foot medical office facility. With 100 percent occupancy
and no seasonal adjustment per Shared Parking, 2nd Edition and with a 15%
adjustment factor to allow for an orderly turnover of spaces, the observations
indicated an existing parking demand of 21 spaces or I space per 246 square feet.
Using the 2008 adjusted parking demand rate of 1 space per 246 square feet, the
proposed 6,365 square foot development is anticipated to require 26 parking
spaces. Table 1 summarizes the parking demand calculations.
.
TEL 561 845 0665
FAX 561 8638175
XHIB!
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Kimley-Horn
and Associates, Inc.
!,l L:h~jrd Hr(H \Ur.:.LS~'
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Technical Reduction in Parking Spaces Provided
The applicant proposes a technical reduction with regard to the number of required
off-street parking which is proposed to be 26 parking spaces. Adequate parking is
parking which meets the minimum requirement of the City of Boynton Beach or
provides sufficient parking to meet the long-run peak parking accumulation plus 15
percent to allow for an orderly turnover of spaces (26 spaces as detennined above).
The proposed 26 parking spaces: therefore. provide adequate parking for the
development.
It should also be noted that the development is located on a constrained site. The
proposed technical reduction allows for reduced parking on this constrained sHe.
especially when the parking observations indicate that the parking demand lS
expected to be less than what is provided. The proposed site plan maximizes the use
of the existing parking areas, while trying to preserve the existing opew green space
and meet the parking requirements of the City of Boynton Beach.
If there are any questions regarding this analysis. please do not hesitate to call.
Sincerely,
KIMLFY-HORN AND ASSOCL\TES. IN<.'.
\ I), . ./;:. ~
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. ~ bonaldson. P.E.
T ra~ satlV' 0 . . E.fJgineer
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Flori ~egi8tration
Number 40568
Engineering Business
Number 696
Attachments
k:\WPB TPTO\144] '.JII()(J4\082508 parkmg demand.due
Count Date
8/12-8/14
Exisitng
S.Ft.
5,180
Table 1
Parking Observations
Boynton Beach Cancer Center
Existln Parkin
Observed
Parkin
18
Pro osed Parkin
Rate (1 space per
XXX s . ft.
246
Maximum Parkin S aces Needed: 26
11"'1- ~ Kimley-Horn
-.......J _ ~ and Associates, Inc.
Cop}righl 10 2008. Kimley-Horn and Associates, Inc.
8/25/20089:50
k: IHpb _tpto 1144 1\3 0004I{parking,xls] calculations
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Parking Count
Bovnton Beach FL
J
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Site: Boynton Beach Cancer Center Surveyors: Dave G. i
Date: 8/12/2008 i
i
Time Area 1 Area 2 Area 3 Area 4 Total 115%
9:00 5 '5< 5< :><:: 5 6
9:15 4 >< '5<' :::><:: 4 5
I 9:30 4 >< >< >< 4 5 I
I 9:45 5 >< >< :::><:: 5 6 I
10:00 5 >< >< >< 5 6
10:15 6 >< >< >< 6 7
10:30 -, '5< "5< :::><:: 7 8
I 10:45 7 >< ~ :::><:: 7 8
i
! 11:00 6 >< '5<' :::><:: 6 7
i 11:15 6 >< >< >< 6 7
11:30 7 >< >< :::><:: 7 8
! 11:45 7 >< '5<' :::><:: 7 8
I 12:00 5 >< >< >< 5 6
I 12:15 6 S< >< ::><:: 6 7
12:30 5 >< '5<' :::><:: 5 I 6
12:45 B >< >< >< 8 I 9
I
13:00 6 ::>< >< :><:: 6 7
7 >< '5<' :::><:: 7 8
13:15 ,
13:30 10 >< >< >< 10 12
13:45 10 >< >< >< 10 12
14:00 10 >< >< >< 10 12
10 >< ~ :::><:: 10 i
14:15 12
14:30 ,3 >< >< >< 13 15 I
14:45 12 >< 5< ::><:: 12 14
B >< '5<' :::><:: 8 9 j
15:00
9 >< >< >< 9 10 i
15:15 i
8 >< 5< ><: 8 9 !
15:30 i
>< ><: :>< i
15:45 10 10 12
>< >< >< -
,
16:00 12 12 14 I
16:15 12 >< >< >< 12 14 i
16:30 11 >< >< :>< 11 13
16:45 10 >< >< >< 10 12
17:00 7 >< >< ><, 7 8
Supply 26 I
, ,
r1_ n Kimley-Hom
1Io...J_ LJ and Associates, Inc
k:\wph ~tplo\1441\JOOO.{\{parkin[;.x1sjaur:12
EXHIBIT "e"
Parkin Count
Bo ton Beach, FL
Site: Boynton Beach Cancer Center Surveyors: Dave G.
Date: 811312008
Time Area 1 Total 115%
13:00 13 13 15
13:15 14 14 16
13:30 13 13 15
13:45 14 14 16
14:00 13 13 15
14:15 14 14 16
14:30 15 15 17
14:45 11 11 13
15:00 9 9 10
15:15 10 10 12
15:30 9 9 10
15:45 9 9 10
16:00 13 13 15
16:15 14 14 16
16:30 11 11 13
16:45 9 9 10
17:00 8 8 9
Supply 26
~_.... lOmIey-Horn
~_L..) and Associates, Inc.
k:lwpb _rptolJ 441 IJOOO4\{fHlrking.:dsjaug I 3
Parking Count
Bovnton Beach. FL
ISite:
IDate:
Surveyors: Dave G. i
Boynton Beach Cancer Center
8/14/2008
Time Area 1
13:00 15
13:15 1~
13:30 14
< "
13:45 ,~
14:00 15
14:15 17
14:30 17
14:45 18
15:00 17
15:15 16
15:30 ~5
15:45 18
16:00 16
16:15 18
16:30 18
16:45 18
17:00 12
Supply 26
~=~
Kimley.Horn
and Associales, ine
Ii.:iwf'h _tflto\ 144 J\3()(HI"\/r{Jrkin~'.xls!uUJ! /.;
XHIBI
115% i
17
16
16
14
17
20
20
21
20
18
17
21
18
21
21
21
14
EXHIBIT "0"
I . RKB Architects Planners, Incorporated
1 SanctUdry Cc ntl e 4800 hi Federal HillY SUllE B 104 So .I Raton FL_ 33431 561/750-3661 I-AX :)61/394 6802
,
architecture
Reg. No.AA0002344
planning
interior design
";
li:'\/ - !
October 29,2008
'\, -
Re Boynton Beach Radiation Oncology
Application for Variance
Statement of special conditions, or reasons justifying the requested exception.
A. The existing building has approximately 1000 sq.ft. dedicated to x-ray/individual
cancer treatment room (housing equipment) and is designed to accommodate only
one (1) patient at a time and one (1) medical technician. Each treatment requires
approximately 20 minutes and the proposed second floor addition is designed to
accommodate a second x-ray/individual cancer treatment room. Approximately
2000 sq.ft. of the facility will be housing specialized equipment and will only to
able to accommodate four (4) persons and therefore, at most, four (4) cars are
associated with that 2000 sq.ft. The City code requires medical facilities to
provide one (1) parking space per 200 sq.ft. of floor area, or ten (10) parking
spaces where only four are needed by the operational limitations of the building.
The Parking Study concluded that the current parking area is underutilized and
that the unique nature of the floor plan and specialized operation of the facility
demonstrate that special conditions do indeed exist within the building and that
the specialized operation of the facility are peculiar to this facility and not
applicable to other standard medical offices. The nearest similar treatment center
is three miles away.
B. Cancer treatment is a specialized medical treatment that cannot be easily
categorized with standard medical offices, which operate in a different manner,
requires fewer parking spaces due to slower patient turnover and less multiple use
square footage within the building. Again, the Professional Parking Study results
show that the provision of additional parking is unnecessary.
C. Granting the variance will not confer any special privilege to the applicant that is
denied to other properties. This medical treatment use operates in a manner
dissimilar to standard medical offices that typically have a waiting room full of
patients, numerous exam rooms, and move through patients quickly, leading to
the need for more parking spaces. Therefore, due to this dissimilarity, no special
privilege is being bestowed upon the applicant that would not be offered to any
other applicant who demonstrates that they operate in a similar manner.
XHIBI
D. The use of approximately .:W()() sq.n in such a restrictin: manner. \\lnk h3\'ing te,
provide parking in accordance \\'ltb a ]'oJlllula designed for swndarcl mcdlcil
practices, not only deprives the applicant, but the residents ()f sl)ec1al1/l'd scnlCCS
mud1 needed in the area.
E. The variance requested is the minimum variance necessary and the square footage
added is necessary to accommodate a second x-raylindividua] cancer treatment
room (housing equipment) and the professional parking study demonstrates that
the building addition will not adversely impact the existing parking.
F. The professional parking study demonstrates that the parking necessary for their
specialized use can be accommodated on site without impacting sUlTounding
properties, The provision of a second treatment room will positively benefit the
public.
G. Variances to minimum lot area - Not applicable, as a variance to minimum lot
area or lot frontage requirements, is not being requested.
EXHIBIT "E"
Conditions of Approval
Project name: Boynton Beach Cancer Center (nka Boynton Beach Radiation I Oncology)
File number: ZNCV 09-001
Reference:
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
l
I I .- ~ --,"o-
j
I DEP ARTMENTS I INCLUDE ! REJECl
I I 'j
PLANNING AND ZONING !
I "
Comments: None X
! :
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
i
Comments: i
1. The approval is specifically limited to the subject project, and that subsequent i :\.
occupants of the facility will be required to meet the parking regulations
applicable to their particular use, or have similar parking demand
characteristics as the Boynton Cancer Center. i i
!
ADDITIONAL CITY COMMISSION CONDITIONS i ,
! ! ----,--.'-
Comments: I .
I :!
I :
To be determined.
S:.Planning\SHARED\WP\PROJECTS\Boynlon Beach Cancer elr #2\('0,\ Vananccdnc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Beach Cancer Center
APPLICANT'S AGENT: Richard K. Brooks, Jr., AlA, NCARB
APPLICANT'S ADDRESS: 4800 N. Federal Hwy #1 04B Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT: Request relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H .16.d (19),
requiring 32 parking spaces, to provide 26 spaces; a variance of 6 parking spaces, to
allow an addition to a medical office within the C-1 Office Professional zoning district.
LOCATION OF PROPERTY: 2301 W. Woolbright Road
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:\Planning\SHARED\WP\PROJECTS\Boynton Beach Cancer Ctr #2\00 Variance.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
timetable be required for landscaping to be installed, whether the development went
forward or not. Board comments should be included in the conditions of approval as
well as in the minutes, and the conditions should be very specific and contain a time
element.
It was questioned whether anything could be done to ensure a neater appearance for
the fences surrounding project sites. Mr. Rumpf noted Part II of the Code of
Ordinances addressed the proper maintenance of property, but was not always specific
as to residential, commercial or pending development. Property maintenance
regulations had been further expanded to be more comprehensive with regard to
improved buildings, beautification, and maintenance of walkways and railings.
It was agreed the issues addressed regarding conditions of approval would continue to
be pursued.
Attorney Alexander administered the oath to all who would be testifying.
7. New Business
A. Boynton Beach Cancer Center
Zonina Code Variance
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Cancer Center (ZNCV 09-
001)
Richard K. Brooks, Jr. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of
Woolbright Road and SW 22nd Street)
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, Zoning, Section 11.H.16.d(19),
requiring 32 parking spaces, to provide 26
parking spaces; a variance of 6 parking
spaces, to allow an addition to a medical
office within a C -1 Office Professional zoning
district.
B. Boynton Beach Cancer Center
Zonina Code Variance
1.
PROJECT:
Boynton Beach Cancer Center (MSPM 09-
001)
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
DESCRIPTION
Richard K. Brooks, Jr. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of
Woolbright Road and SW 22nd Street)
Request for major site plan modification
approval for an approximately 1,000 square
foot, second story medical office addition in
the C-l, Office Professional zoning district.
AGENT:
OWNER:
LOCATION:
Mr. Rumpf requested the Board consider the Zoning Code Variance and Major Site Plan
Modification together with separate motions. There was no objection from the Board.
Mr. Rumpf presented the requests. The proposed modifications included a 1,000
square foot addition to the second floor. The proposed improvement would comply
with all Land Development Regulations except for the parking space requirements. The
additional space required five additional parking spaces, for a total of 32 spaces. The
4/10 acre site was built out, with a total of 26 parking spaces. The plans reflected 27
spaces, and it was believed the additional space was used as a turnaround.
A variance application had been filed requesting relief from the parking requirements in
the amount of six spaces. Submitted in support of the application and hardship was an
explanation of the uniqueness of the cancer treatment center and a corresponding
parking study conducted by local professional transportation engineers.
The equipment to be added governed the patient load of the medical office. Two 1,000
square foot treatment rooms would simultaneously accommodate two patients and two
technicians, or the eqUivalent of four vehicles. The parking regulations would require
10 spaces for the 2,000 square feet. The parking analysis supported this position,
noting the maximum accumulated parking resulted in 18 spaces for the existing 5,180
square foot medical office facility. With 1000/0 occupancy and no seasonal adjustment,
and with a 15% adjustment factor to allow for orderly turnover of spaces, 21 spaces or
1 space per 246 square feet was needed. The expansion of the project called for 26
parking spaces based on the total square footage. Staff made repeated site visits to
observe the parking characteristics and noticed similar activity, with an average of 13
spaces being used, which was less than 500/0 of the total parking spaces provided on
the site.
Chair Jaskiewicz noted an instance when 21 spaces had been used. She questioned
whether patients and employees could be accommodated. Mr. Rumpf explained the 21
spaces were referenced in the parking study and included parking for employees as well
as patients.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Fiorida
January 27, 2009
Based on the analysis contained in the report and the parking study submitted, staff
determined a hardship existed based upon the use and operations of the facility, and a
parking regulation that did not adequately address deviations in business operations.
The variance would be in harmony with the general intent and purpose of the ordinance
and would not be injurious to the area involved or the public. Staff recommended both
the Major Site Plan Modification and variance request be approved, together with the 12
conditions of approval.
Richard Brooks, 4800 N. Federal Highway, architect, noted the facility was well
utilized and currently over-parked. He would be preparing the plans for the expansion.
He noted parking spaces had always been available at the site. Various types of
medical facilities had different parking requirements. Surgeons required fewer spaces
than general practitioners. The addition would be made to the rear of the building
which was bordered by a canal on the north and west sides. He had already submitted
a landscaping plan, and he believed the final product would be greatly enhanced.
In response to the inquiry of Chair Jaskiewicz, Mr. Brooks estimated there were
approximately 10 employees at the facility. Chair Jaskiewicz noted many of the
residents in the area had been concerned with radiation emissions and further
expansion. She had previously observed parking on the swale areas. Mr. Brooks noted
the landscaping would be redistributed to include the street side and swale areas. Chair
Jaskiewicz inquired as to the precautions for radiation emissions. Mr. Brooks responded
the equipment had been analyzed and protections were incorporated into the structure.
A great deal of criteria was required to ensure there were no radiation emissions
occurring in the building. The final inspection would be approved by the Center's
physicist. Mr. Myott noted a scattered diagram furnished by the equipment's provider
evidenced the amount of radiation emitted, and the physicist would specify the
shielding requirements for the floor, ceiling and walls to be incorporated into the
construction drawings. A building inspector would conduct an inspection to assure led
lining, if required. Mr. Brooks noted his client owned the building which was built for
this specific use.
It was noted if the Board were to approve the request, the applicant would have fewer
parking spaces. While this would be suitable for the current use, it would not be
suitable for a general or pediatric practice.
Mr. Brooks pointed out cancer treatment centers either had two rooms or a maximum
of three. Any more than that would constitute a full medical facility. Treatments were
provided on a referral basis. Chair Jaskiewicz felt that while the Center was located in
an advantageous spot, the site was very small for that particular building.
It was suggested a condition be imposed that the variance only be approved for this
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
site plan. Even if it were to remain a cancer center[ new technology could be
formulated, resulting in five or six patients to a treatment room.
It was questioned whether there were any licensed traffic engineers to review Kimley-
Horn's study. Mr. Rumpf responded there were no qualified parking experts on staff.
Studies usually received by staff had more to do with traffic than parking.
Transportation studies were usually reviewed by Mr. Livergood[ a member of the
Technical Application Review Team (TART).
It was suggested developers making application similar to the current request attend a
methodology meeting and pay for the cost of hiring a third-party consultant. This
would assist staff and facilitate the approval process. Mr. Rumpf indicated staff had
discussed including the suggestion in the new Land Development Regulations.
It was noted, if the request were to be approved[ a distinction should be made in that
the Board would be allowing the project to provide six fewer parking spaces based on
the medical use proposed and the increased square footage.
Mr. Rumpf stressed the site had been built out and would now be intensified. While a
unique condition existed[ the parking variance would become null and void. As such,
either a portion of the building not in use should be closed down or parking spaces
added.
Highlights of the Board's discussion included:
+ Another parking study should be made.
+ While the use was less intense[ the impact on the neighborhood should be taken
into consideration.
+ Parking requirements for any subsequent tenant or owner must conform to the
current parking study or a subsequent completed parking or use analysis.
+ Concerns remained regarding radiation emissions, traffic, parking and the
possibility the doctors could relocate.
+ Current occupancy usage should be given consideration.
+ Future enforcement should be considered.
Mr. Rumpf pointed out the Board's support was based upon the data analysis provided.
A subsequent use would have to be similar in intensity[ as set forth in a prior analysis,
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
january 27 r 2009
and confirmed by a current parking and use analysis. Based upon the characteristics of
the building, Mr. Rumpf did not believe it was likely another smaller oncology type clinic
or similar use would desire that type of building.
It was questioned whether the City's Business Tax Receipt required parking and other
requirements to be met by a new medical profession. Mr. Rumpf advised the Business
Tax Division of the Development Department reviewed each and every Business Tax
Certificate applied for or renewed.
Chair Jaskiewicz suggested a motion be made, allowing an addition to a medical office
within the C1 Professional district for this specific use only.
Motion
Mr. Lis moved to approve the request to grant the variance of six parking spaces, from
32. to 26 spaces, to allow the second floor addition of an individual cancer treatment
room to an existing medical building within the C-1 Office Professional zoning district for
the Boynton Beach Cancer Center, and that any subsequent purchaser or any
subsequent user of that facility be required to meet the Parking Code regulations
applicable to their particular use in the future. Ms. Grcevik seconded the motion.
Mr. Barnes believed a future physician should have the ability to have another traffic
study conducted.
Mr. Saberson pointed out, if the Code in effect for a subsequent user with the same
type of use required 32 parking spaces, the motion stated by Mr. Lis reflected the user
would be required to have 32 spaces, even if he or she could meet the same parking
demand required for this particular practice. The subsequent user should be given an
option to meet the same parking demand required for this particular practice, or comply
with the Parking Code requirements in effect for that use.
Motion
Mr. Lis moved to amend his motion to include Mr. Saberson's comments. Ms. Grcevik
seconded the motion to amend.
Chair Jaskiewicz opened the public hearing. No one came forward, and the public
hearing was closed.
Vote
The motion as amended passed unanimously.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
Motion
Mr. Lis moved to approve the Site Plan Modification proposed for approximately 1,000
square feet to add a second treatment room to the facility subject to the 12 conditions
of approval. Mr. Myott seconded the motion that passed unanimously.
B. The Learning Place II
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Learning Place II (SPTE 09-003)
Scott Freeland and Catherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of
Citrus Grove Elementary School and the
LWDD L-21 Canal
Request for a third one-year time extension
for the new site plan and conditional use
(COUS 04-008) approved on October 18, 2005,
thereby further extending site plan approval
from October 18, 2008 to October 18, 2009.
Kathleen Zeitler, Planner, presented the request. The site consisted of 8.39 acres in
a single-family residential R-l-AAB zoning district and was approved for a conditional
use for a 7,800 square foot daycare center. The site plan was originally approved by
the City Commission on October 18, 2005, subject to 41 conditions of approval. If the
request for an extension were approved, the site plan, including concurrency approval,
would be extended to October 18, 2009. Construction plans had been submitted and
were in the building review process. Revisions were required to comply with all
conditions of approval. Staff recommended approval with one condition, that the site
plan time extension would still be subject to the conditions of approval from all previous
applications.
Dave Beasley, 2385 SW 13th Terrace, noted the project was proceeding and clearing
permits were in place. Mr. Freeland had been working with the South Florida Water
Management District regarding clearing on the right-of-way. Mr. Freeland obtained a
sign permit, and a temporary sign had been installed. Technical issues remained, but
90% of the comments had been addressed.
Chair Jaskiewicz believed the need existed for the Learning Center regardless of current
economic conditions. She commented on the attractiveness of the exterior of the
building, and Mr. Beasley assured the exterior had not changed.
9
VIII.-PUBlIC HEAR
ITEM A. ING
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 16, 2008 December 1, 2008 (Noon) [8J February 17, 2009
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009
0 February 3, 2009 January 19,2009 (Noon) 0 April 7,2009
Date Final Form Must be Turned
in to City Clerk's Office
February 2, 2009 (Noon)
February 17,2009 (Noon)
o
March 2, 2009 (Noon) ...0
C-
:Do
March 16,2009 (Noon) ~
1".0
-0
0 Announcements/Presentations 0 City Manager's Report :x
0 Administrative 0 New Business -
NATURE OF ..
AGENDA ITEM 0 0 0
Consent Agenda Legal '"
0 Code Compliance & Legal Settlements 0 Unfinished Business
[gJ Public Hearing 0
RECOMMENDATION: Please place this request on the February 17,2009 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 27,2009, recommended that the request be approved,
subject to the limitation that the approval is specifically for the subject project, and that subsequent occupants of the facility
will be required to meet the parking regulations applicable to their particular use, or have similar parking demand
characteristics as the Boynton Cancer Center. For further details pertaining to this request, see attached Department
Memorandum No. 09-002.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Beach Cancer Center (ZNCV 09-001)
Richard K. Brooks, Ir. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest comer of Woolbright Road and SW 22nd Street)
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11. H.16.d(I 9), requiring 32 parking spaces, to provide 26
parking spaces; a variance of 6 parking spaces, to allow an addition to a medical office
within a C-l Office Professional zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~)I(7
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City Manager's Signature
Assistant to City Manager C~
Development De
Planning and Zo City Attorney / Finance
S:\Planning\SHARED\WP\PROJE S\Boynton Beach Cancer Ctr #2\Agenda Request Boynton Beach Cancer Ctr ZNCV 09-001 2-17-09.doc
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-002
STAFF REPORT
Chair and Members
Planning & Development Board
Michael W. Rumpf
Planning and Zoning Director
Ed Breese &8-)
Principal Planner
January 6, 2009
Boynton Beach Cancer Center / ZNCV 09-001
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations,
H.16.d(19), for a variance of 6 parking spaces, from 32 to 26 spaces, to
allow the second floor addition of an individual cancer treatment room to an
existing medical building within the C-1 Office Professional zoning district.
Property Owner:
Applicant/ Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Boynton Beach Radiation Oncology
Richard K. Brooks, Jr. Architect
2.301 Woolbright Road (see "Exhibit A" - Location Map)
16,946 square feet I (0.39 acres)
Medical Office Building
Office Professional (C-l)
Right-of-way for LWDD L-2.6 Canal, then farther north is single residential homes,
zoned Single Family (Rl-AA);
Right-of-way for Woolbright Road, then farther south is single residential homes,
zoned Single Family (Rl-AA);
Right-of-way for SW 22.nd Street, then farther east is multi-family residential (Venetian
Terrace Condominiums), zoned Multi-Family (R-3); and
Right-of-way for Leisureville Canal, then farther west is developed office, zoned Office
Professional (C-l).
Staff Report
Memorandum No PZ-09-002
Page 2
BACKGROUND
Mr. Richard Brooks, agent for Boynton Beach Radiation Oncology is seeking a zoning code variance of 6
parking spaces, from 32 to 26 spaces, to accommodate the second floor addition of an individual treatment
room to the existing Boynton Beach Cancer Center medical building. The property is located at the northwest
corner of Woolbright Road and SW 22nd Street. The applicant currently has the same individual treatment
room on the first floor, but since only one patient may be treated at a time, the need for a second treatment
room has arisen. The approved plans for the site indicate a total of 26 parking spaces are provided on the site
and would be retained as part of the second floor expansion. The proposed addition of slightly more than
1,000 square feet would require an additional six (6) parking spaces, based upon the minimum requirement
of 1 space for each 200 square feet of medical office space.
The applicant has hired Kimley-Horn and Associates, Inc., Transportation Engineers, to prepare a parking
study, in order to analyze the existing parking usage and determine the impact of the proposed addition on
the existing parking spaces. The consultant has determined, based upon current parking demand and building
design, that a variance of 6 parking spaces, is substantiated (a copy of that study is attached as "Exhibit C").
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see
Exhibit "D"). The code states that the zoning code variance cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
On the surface, no circumstances appear to be peculiar to the land on which this office building is
located. However, the property is one of the smaller C-1 Office Professional parcels fronting on the
Woolbright Road corridor. The agent however focuses on the structure portion of the variance criteria,
emphasizing that the design of the building floorplan greatly decreases the true amount of office
space, with the inclusion of an existing individual cancer treatment room, approximately 1,000 square
feet in size, and the proposed addition of a second. These treatment rooms house specialized
equipment (see Sheet A-2 - Exhibit B) which fill the space and allow for treatment of one patient at a
time. As a result, approximately 2,000 square feet of the 6,130 square foot medical building, or nearly
one-third (1/3) of the floorspace is dedicated to equipment and individualized treatment. The agent
states that each treatment room can handle one patient and one technician, therefore this 2,000
square foot portion of the building would accommodate 4 persons. Based upon the City parking
requirement of one space per 200 square feet of medical office space, this part of the building would
necessitate 10 parking spaces, when the demand for only four (4) spaces is generated due to the
design and operation of the facility. It would seem evident from the floorplan, that the space-to-
person ratio of useable area within the building is not that of a typical medical office, and that this
characteristic does distinguish this use/facility from the typical or average doctor' office on which the
parking calculations were based, thus meeting the special circumstances determination of the
variance criteria.
b. That the special conditions and circumstances do not result from the actions of the applicant.
The agent states that, "Cancer treatment is a specialized medical treatment that cannot be easily
:.,taN kepor,
Memorandum No FZ.iJ,I-OO.c
"'a98 :~
categorized with standard medical offices, which operate in a different manner, requires fevve'
parking spaces due to slower patient turnover and less multiple use square footage within tne
building". The parking analysis prepared by the engineering consultant states that, " . .the maximurn
accumulated parking resulted in 18 spaces for the existing 5,180 square foot medical office facility.
With 100 percent occupancy and no seasonal adjustment per the Shared Parkinq, 2nd Edition and
with a 15% adjustment factor to allow for orderly turnover of spaces, the observations indicated ar
existing parking demand of 21 spaces...". The consultant goes on to state that the provided parking
would be adequate for the existing office space and the proposed addition. Staff has visited the site
on numerous occasions during this review period and observed between nine (9) and fifteen (15) cars
in the lot, with the average being 13, which is 50% of the spaces provided on site.
c. That granting of the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
The agent states that the granting the variance request will not confer any special privilege, and has
gone to the extent of having a parking study prepared, and as discussed above, the analysis indicates
adequate parking would be provided even with the proposed addition. The agent further notes that
this medical treatment use operates dissimilar to other doctors offices, in that they do not have a
waiting room full of patients, numerous exam rooms or handle the volume of patients of a typical
doctor's office. Therefore, they do not believe any special treatment is being sought and that other
operations that can demonstrate similar characteristics would be afforded the same consideration,
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
The agent reiterates that the strict parking interpretation of medical offices does not fit their operation
and, with the dedication of approximately one-third (1/3) of the office space to specialized treatment
with limited patient capacity, the parking requirement is an undue hardship.
e. That the variance granted is the minimum variance that will make possIble the reasonable use of the
land, building, or structure.
According to the agent, the variance is the minimum necessary in order to provide the office with a
second treatment room. The size of the building addition is determined by the physical requirements
and specification of the specialized equipment housed therein. The building addition would be on the
second floor and not eliminate any of the existing parking.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
In response to this criteria, the agent concludes that the variance would not be injurious to the
neighborhood and in fact, would benefit residents who would have access to these specialized
treatments in close proximity to their homes. The parking study concludes that adequate parking will
be provided for the intended use. And, as noted previously, staff inspected the premises on several
occasions to determine the validity of the parking study and found the parking lot underutilized. The
intent of the parking code is to ensure that adequate parking is provided for each business.
Sometimes the parking code cannot address the full spectrum and wide range of business activities
operating under the same title, like doctor's offices. One size does not necessarily fit all, but it may
not be possible to design a code that will cover the range of different operations. In this instance, and
Staff Report
Memorandum No PZ-09-002
Page 4
based upon the professional parking study conducted and staff observations, the intent of the code
that adequate parking be provided, appears to be met.
g. For variances to minimum lot area or lot frontage requirements/ that property is not available from
adjacent properties in order to meet these requirements/ or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide an
affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property.
Since the request is for relief from the parking regulations, this particular criteria is not applicable.
RECOMMENDATION
Staff has reviewed the requested variance focusing on the applicant's responses to the above criteria
contained in Exhibit "0". A variance is to be granted on the basis of a hardship, which is established by
characteristics other than those created by the landowner, or previous owner(s), various site improvements
or alterations. The subject request has been initiated for a reduction in the required parking, based upon the
fact that the applicant's medical use does not function like a typical doctor's office, but a specialized,
Individualized treatment facility, with a large percentage of floor space devoted to the unique type of
equipment used for cancer treatment. Based on the analysis contained herein and the professional parking
study submitted as justification, staff finds that a hardship does exist. While it may not be the "traditional"
hardship associated with a peculiarity of the property itself, the hardship is one based upon the use and
operation of the facility, and a parking regulation that does not adequately address the wide deviations in the
way businesses operate. The parking study and staff observations confirm that, \\ the granting of the variance
will be in harmony with the general intent and purpose of the ordinance and that such variance will not be
injurious to the area involved or otherwise detrimental to the public welfare", After careful review and
analysis of the information provided, staff recommends that the request be approved. No conditions of
approval are recommended; however, any conditions of approval added by the Planning and Development
Board or City Commission will be placed in Exhibit "E",
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BOYNTON BEACH CANCER CENTER
WOOLBRIGHT ROAD & SW 22ND STREET
BOYNTON BEACH, FL
iRKS ,,'cl>"~'U"
I 1U!~~49llRi-ooenI~.Sl*8-1MIioca~Holld&:OU1 p~nfllng
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EXHIBIT "C"
Kimley-Horn
and Associates, Inc.
August 25, 2008
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
My. Richard Brooks
RKB Architects Planners Incorporated
4800 North Federal Highway
Suite B 104 - Sanctuary Centre
Boca Raton, Florida
Re: Boynton Beach Cancer Center
Parking Study
Boynton Beach, Florida
144130004
Dear Mr. Brooks:
Kimley-Horn and Associates, Inc. has completed a parking demand study for the
Boynton Beach Cancer Center expansion site referenced above. The site is located on
Woolbright Road, west of SW 22nd Street in Boynton Beach, Florida.
Parking Demand
The site is proposed to have 26 parking spaces. The requirement, based on City
of Boynton Beach code requirements, is 32 spaces. The site currently consists of
5,180 square feet of medical office with 26 parking spaces provided (26 spaces
are required by code). In the planned expansion, it is desired to expand the
current site to 6,365 square feet of medical office which will increase the parking
required by code to 32 spaces.
Peak Parking Accumulation
To determine the actual peak parking accumulation of the Boynton Beach Cancer
Center, parking observations were performed on August 12-14,2008. As shown
in Table 1, the maximum accumulated parking resulted in 18 spaces for the
existing 5,180 square foot medical office facility. With 100 percent occupancy
and no seasonal adjustment per Shared Parking, 2nd Edition and with a 15%
adjustment factor to allow for an orderly turnover of spaces, the observations
indicated an existing parking demand of 21 spaces or 1 space per 246 square feet.
Using the 2008 adjusted parking demand rate of 1 space per 246 square feet, the
proposed 6,365 square foot development is anticipated to require 26 parking
spaces. Table 1 summarizes the parking demand calculations.
.
TEL 561 8450665
FAX 561 8638175
--XHIBI
~-n
~_r '1
Kimley-Horn
and Associates, Inc.
r j:',;::.ard !jiOI . ;\iJ~lJS''':'' .::,1;1\\ ~t~~'
Technical Reduction in Parking Spaces Provided
The applicant proposes a technical reduction with rcgard to the number of required
off-street parking which is proposed to be 26 parking spaces. Adequate parking is
parking which meets the minimum requirement of the City of Boynton Beach or
provides sufficient parking to meet the long-run peak parking accumulation plus 15
percent to allow for an orderly turnover of spaces (26 spaces as determined above \.
The proposed 26 parking spaces: therefore, provide adequate parking for the
development.
It should also be noted that the development is located on a constrained site. The
proposed technical reduction allows for reduced parking on this constrained site.
especially when the parking observations indicate that the parking demand 15
expected to be less than what is provided. The proposed site plan maximizes the use
of the existing parking areas, while trying to preserve the existing open/ ~Treen spacc
and meet the parking requirements of the City of Boynton Beach.
If there are any questions regarding this analysis, please do not hesitate to call.
Sincerely,
KIMLFY -HOR1'-J AND ASSOCIATES, INe.
/)" fl" ~
i j 1\ I~~
. ~bonaIdson, P.E.
T ra, ~atlq' 0 ,'Eggineer
/ ') ~)<..(
(.; ......
Flori egistration
Number 40568
Engineering Business
Number 696
Attachments
K'WPI3 _TPTn" 1441 JOOU4\08i.508 parkmg demandd,1L'
Count Date
8/12-8/14
Exisitng
5 . Ft.
5,180
Table 1
Parking Observations
Boynton Beach Cancer Center
8/25120089:50
k: Iwpb _tplO II 44 I \30004 \[parking.xls J calculations
Pro osed Parkin
Rate (1 space per
XXX s . ft.
246
Maximum Parkin S aces Needed: 26
1"'1- ~ Kimley-Horn
a......J _ L.J and Associates, Inc.
Copyright 10 1008, Kim/ey-Horn and Associates, Inc.
m
><
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-
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-
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Site: Boynton Beach Cancer Center Surveyors: Dave G.
Date: 811212008
I
I Time Area 1 Area 2 Area 3 Area 4 Total
115%
9:00 5 >< >< >< 5 6
9:15 .<: >< >< >< 4 5
I 4 >< >< >< 4 5
9:30
9:45 5 >< >< >< 5 6
10:00 5 >< >< >< 5 6
10:15 6 >< >< >< 6 7
10:30 7 >< >< >< 7 8
7 >< >< >< 7 8
10:45
11:00 6 >< >< >< 6 7
11:15 6 >< >< >< 6 7
11:30 7 >< >< >< 7 8
11:45 7 >< >< >< 7 8
12:00 5 >< >< >< 5 6
12:15 6 >< >< >< 6 7
12:30 5 >< >< >< 5 6
12:45 8 >< >< >< 8 9
13:00 6 >< >< >< 6 I 7
>< >< >< 7 ! 8
13:15
13:30 10 >< >< >< 10 12
13:45 10 >< >< >< 10 12
14:00 10 >< >< >< 10 12
14:15 10 >< >< >< 10 12
14:30 13 >< >< >< 13 15 i
'-' >< >< >< 12 14 I
14:45 ,~
15:00 e >< >< >< 8 9 I
9 >< >< >< 9 10 i
15:15 !
e >< >< >< B 9 i
15:30
15:45 10 >< >< >< 10 I 12 i
I
16:00 12 >< >< >< 12 I 14 I
16:15 12 >< >< >< 12 14
16:30 11 >< >< >< 11 13
16:45 10 >< >< >< 10 12
17:00 7 >< :::><: >< 7 8
Supply 26 I !
, J
Parking Count
Bovnton Beach FL
rl_.... Kimley-Hom
~_r_ , and Associates, Inc
k.: ~H'ph _ (ptoll 4411J0004\{parking.x1sjaug 1:
EXHIBIT "e"
Parkin Count
Bo ton Beach, FL
Site: Boynton Beach Cancer Center Surveyors: Dave G.
Date: 8/13/2008
Time Area 1 Total 115%
13:00 13 13 15
13:15 14 14 16
13:30 13 13 15
13:45 14 14 16
14:00 13 13 15
14:15 14 14 16
14:30 15 15 17
14:45 11 11 13
15:00 9 9 10
15:15 10 10 12
15:30 9 9 10
15:45 9 9 10
16:00 13 13 15
16:15 14 14 16
16;30 11 11 13
16:45 9 9 10
17:00 8 8 9
Supply 26
JII'"1_.... Kimley.Horn
~_ U and I\ssociates, Inc.
k'lwpb _'P'o\J 441\300041{parking.x1sI.ug 13
Site:
Date:
Parkin Count
Bovnton Beach. FL
-------.---.-..-
!
Boynton Beach Cancer Cemer
8/14/2008
Surveyors: Dave G.
Time Area 1
13:00 '5
13:15 14
13:30 1L
13:45 10
14:00 15
14:15 1~
14:30 17
14:45 18
15:00 17
15:15 16
15:30 15
15:45 18
16:00 16
16:15 18
16:30 18
16:45 18
17:00 '0
, "
Supply 26
CJ=~
Kimley-Horn
and Associates, In:.:
k:iwph _'[1(0\ 14./ 1\3000./'l/r/Jrhinr;.xlsjuug J..
X:HIBI
115%
17
16
16
14
17
20
20
21
20
18
17
21
18
21
21
21
14
EXHIBIT "0"
1 . RKB Architects Planners, Incorporated
! Sanctuary Cen\le 4800 N Federal Hwv SUitt 8104 St' ~I RatDI FL 33431 561'750-3661 f I,X 5611394-6802
,
architecture
Reg. No.AA0002344
planning
interior design
- -r
October 29, 2008
Re Boynton Beach Radiation Oncology
Application for Variance
Statement of special conditions, or reasons justifying the requested exception.
A. The existing building has approximately 1000 sq.ft. dedicated to x-ray/individual
cancer treatment room (housing equipment) and is designed to accommodate only
one (1) patient at a time and one (1) medical technician. Each treatment requires
approximately 20 minutes and the proposed second floor addition is designed to
accommodate a second x-ray/individual cancer treatment room. Approximately
2000 sq.ft. of the facility will be housing specialized equipment and will only to
able to accommodate four (4) persons and therefore, at most, four (4) cars are
associated with that 2000 sq.ft. The City code requires medical facilities to
provide one (1) parking space per 200 sq. ft. of floor area, or ten (10) parking
spaces where only four are needed by the operational limitations of the building.
The Parking Study concluded that the current parking area is underutilized and
that the unique nature of the floor plan and specialized operation of the facility
demonstrate that special conditions do indeed exist within the building and that
the specialized operation of the facility are peculiar to this facility and not
applicable to other standard medical offices. The nearest similar treatment center
is three miles away.
B. Cancer treatment is a specialized medical treatment that cannot be easily
categorized with standard medical offices, which operate in a different manner,
requires fewer parking spaces due to slower patient turnover and less multiple use
square footage within the building. Again, the Professional Parking Study results
show that the provision of additional parking is unnecessary.
C. Granting the variance will not confer any special privilege to the applicant that is
denied to other properties. This medical treatment use operates in a manner
dissimilar to standard medical offices that typically have a waiting room full of
patients, numerous exam rooms, and move through patients quickly, leading to
the need for more parking spaces. Therefore, due to this dissimilarity, no special
privilege is being bestowed upon the applicant that would not be offered to any
other applicant who demonstrates that they operate in a similar manner.
XHIBIT
D. The use of approximately :?OClC! sq. ft in such Zl restncli\'e manner. \\h11c havlllg tu
prO\'ide parking in accordance with z, f01111111a designed for standard medical
practices, not only deprives the applicant. hut the resIdents (,f' speciah7.cd s~rvices
much needed in the area.
E. The variance requested is the minimum valiance necessary and the square footage
added is necessary to accommodate a second x-ray/individuaJ C3ncer treatment
room (housing equipment) and the professional parking study demonstrates that
the building addition will not adversely impact the existing parking.
F. The professional parking study demonstrates that the parking necessary for their
specialized use can be accommodated on site \vithollt impacting sUlTounding
properties. The provision of a second treatment room will positively benefit the
public.
G. Variances to minimum lot area - Not applicable, as a variance to minimum lot
area or lot frontage requirements. is not being requested.
EXHIBIT "E"
Conditions of Approval
Project name: Boynton Beach Cancer Center (nka Boynton Beach Radiation! Oncology)
File number: ZNCV 09-00 I
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Appronl
.,
I I ---.--.."<,
DEPARTMENTS j INCLUDE I REJECT ~I
I t
"
PLANNING AND ZONING -'~i
! !i
Comments: None i .\. i Ii
! , 11
i
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
i "
ii
--- _.j!
Comments: i I :1
I 1
1. The approval is specifically limited to the subject project, and that subsequent X
I
occupants of the facility will be required to meet the parking regulations I
applicable to their particular use, or have similar parking demand ,
characteristics as the Boynton Cancer Center. i I 11
I I -I'
I ADDITIONAL CITY COMMISSION CONDITIONS I , Ii
I --- I --- -_.---1'
r I
I Comments: , II
: I
I I
To be determined. i
S:.Planning\SHARED'WP\PROJECTS\Boynlon Beach Cancer Or #2\CO;\ Variancc.duc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Beach Cancer Center
APPLICANT'S AGENT: Richard K. Brooks, Jr., AlA, NCARB
APPLICANT'S ADDRESS: 4800 N. Federal Hwy #1 04B Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT: Request relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H.16.d (19),
requiring 32 parking spaces, to provide 26 spaces; a variance of 6 parking spaces, to
allow an addition to a medical office within the C-1 Office Professional zoning district.
LOCATION OF PROPERTY: 2301 W. Woolbright Road
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:\Planning\SHARED\WP\PROJECTS\Boynton Beach Cancer Ctr #2\DO Variance.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
timetable be required for landscaping to be installed, whether the development went
forward or not. Board comments should be included in the conditions of approval as
well as in the minutes, and the conditions should be very specific and contain a time
element.
It was questioned whether anything could be done to ensure a neater appearance for
the fences surrounding project sites. Mr. Rumpf noted Part II of the Code of
Ordinances addressed the proper maintenance of property, but was not always specific
as to residential, commercial or pending development. Property maintenance
regulations had been further expanded to be more comprehensive with regard to
improved buildings, beautification, and maintenance of walkways and railings.
It was agreed the issues addressed regarding conditions of approval would continue to
be pursued.
Attorney Alexander administered the oath to all who would be testifying.
7. New Business
A. Boynton Beach Cancer Center
Zonina Code Variance
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Cancer Center (ZNCV 09-
001)
Richard K. Brooks, Jr. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of
Woolbright Road and SW 22nd Street)
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, Zoning, Section 11.H.16.d(19),
requiring 32 parking spaces, to provide 26
parking spaces; a variance of 6 parking
spaces, to allow an addition to a medical
office within a C-1 Office Professional zoning
district.
B. Boynton Beach Cancer Center
Zonina Code Variance
1.
PROJECT:
Boynton Beach Cancer Center (MSPM 09-
001)
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
AGENT:
OWNER:
LOCATION:
DESCRIPTION
Richard K. Brooks, Jr. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of
Woolbright Road and SW 22nd Street)
Request for major site plan modification
approval for an approximately 1,000 square
foot, second story medical office addition in
the C-l, Office Professional zoning district.
Mr. Rumpf requested the Board consider the Zoning Code Variance and Major Site Plan
Modification together with separate motions. There was no objection from the Board.
Mr. Rumpf presented the requests. The proposed modifications included a 1,000
square foot addition to the second floor. The proposed improvement would comply
with all Land Development Regulations except for the parking space requirements. The
additional space required five additional parking spaces, for a total of 32 spaces. The
4/10 acre site was built out, with a total of 26 parking spaces. The plans reflected 27
spaces, and it was believed the additional space was used as a turnaround.
A variance application had been filed requesting relief from the parking requirements in
the amount of six spaces. Submitted in support of the application and hardship was an
explanation of the uniqueness of the cancer treatment center and a corresponding
parking study conducted by local professional transportation engineers.
The equipment to be added governed the patient load of the medical office. Two 1,000
square foot treatment rooms would simultaneously accommodate two patients and two
technicians, or the equivalent of four vehicles. The parking regulations would require
10 spaces for the 2,000 square feet. The parking analysis supported this position,
noting the maximum accumulated parking resulted in 18 spaces for the existing 5,180
square foot medical office facility. With 1000/0 occupancy and no seasonal adjustment,
and with a 15% adjustment factor to allow for orderly turnover of spaces, 21 spaces or
1 space per 246 square feet was needed. The expansion of the project called for 26
parking spaces based on the total square footage. Staff made repeated site visits to
observe the parking characteristics and noticed similar activity, with an average of 13
spaces being used, which was less than 50% of the total parking spaces provided on
the site.
Chair Jaskiewicz noted an instance when 21 spaces had been used. She questioned
whether patients and employees could be accommodated. Mr. Rumpf explained the 21
spaces were referenced in the parking study and included parking for employees as well
as patients.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Fiorida
January- 27, 2009
Based on the analysis contained in the report and the parking study submitted, staff
determined a hardship existed based upon the use and operations of the facility, and a
parking regulation that did not adequately address deviations in business operations.
The variance would be in harmony with the general intent and purpose of the ordinance
and would not be injurious to the area involved or the public. Staff recommended both
the Major Site Plan Modification and variance request be approved, together with the 12
conditions of approval.
Richard Brooks, 4800 N. Federal Highway, architect, noted the facility was well
utilized and currently over-parked. He would be preparing the plans for the expansion.
He noted parking spaces had always been available at the site. Various types of
medical facilities had different parking requirements. Surgeons required fewer spaces
than general practitioners. The addition would be made to the rear of the building
which was bordered by a canal on the north and west sides. He had already submitted
a landscaping plan, and he believed the final product would be greatly enhanced.
In response to the inquiry of Chair Jaskiewicz, Mr. Brooks estimated there were
approximately 10 employees at the facility. Chair Jaskiewicz noted many of the
residents in the area had been concerned with radiation emissions and further
expansion. She had previously observed parking on the swale areas. Mr. Brooks noted
the landscaping would be redistributed to include the street side and swale areas. Chair
Jaskiewicz inquired as to the precautions for radiation emissions. Mr. Brooks responded
the equipment had been analyzed and protections were incorporated into the structure.
A great deal of criteria was required to ensure there were no radiation emissions
occurring in the building. The final inspection would be approved by the Center's
physicist. Mr. Myott noted a scattered diagram furnished by the equipment's provider
evidenced the amount of radiation emitted, and the physicist would specify the
shielding requirements for the floor, ceiling and walls to be incorporated into the
construction drawings. A building inspector would conduct an inspection to assure led
lining, if required. Mr. Brooks noted his client owned the building which was built for
this specific use.
It was noted if the Board were to approve the request, the applicant would have fewer
parking spaces. While this would be suitable for the current use, it would not be
suitable for a general or pediatric practice.
Mr. Brooks pointed out cancer treatment centers either had two rooms or a maximum
of three. Any more than that would constitute a full medical facility. Treatments were
provided on a referral basis. Chair Jaskiewicz felt that while the Center was located in
an advantageous spot, the site was very small for that particular building.
It was suggested a condition be imposed that the variance only be approved for this
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
site plan. Even if it were to remain a cancer center, new technology could be
formulated, resulting in five or six patients to a treatment room.
It was questioned whether there were any licensed traffic engineers to review Kimley-
Horn's study. Mr. Rumpf responded there were no qualified parking experts on staff.
Studies usually received by staff had more to do with traffic than parking.
Transportation studies were usually reviewed by Mr. Livergood, a member of the
Technical Application Review Team (TART).
It was suggested developers making application similar to the current request attend a
methodology meeting and pay for the cost of hiring a third-party consultant. This
would assist staff and facilitate the approval process. Mr. Rumpf indicated staff had
discussed including the suggestion in the new Land Development Regulations.
It was noted, if the request were to be approved, a distinction should be made in that
the Board would be allowing the project to provide six fewer parking spaces based on
the medical use proposed and the increased square footage.
Mr. Rumpf stressed the site had been built out and would now be intensified. While a
unique condition existed, the parking variance would become null and void. As such,
either a portion of the building not in use should be closed down or parking spaces
added.
Highlights of the Board's discussion included:
. Another parking study should be made.
. While the use was less intense, the impact on the neighborhood should be taken
into consideration.
. Parking requirements for any subsequent tenant or owner must conform to the
current parking study or a subsequent completed parking or use analysis.
. Concerns remained regarding radiation emissions, traffic, parking and the
possibility the doctors could relocate.
. Current occupancy usage should be given consideration.
. Future enforcement should be considered.
Mr. Rumpf pointed out the Board's support was based upon the data analysis provided.
A subsequent use would have to be similar in intensity, as set forth in a prior analysis,
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
january 27, 2009
and confirmed by a current parking and use analysis. Based upon the characteristics of
the building, Mr. Rumpf did not believe it was likely another smaller oncology type clinic
or similar use would desire that type of building.
It was questioned whether the City's Business Tax Receipt required parking and other
requirements to be met by a new medical profession. Mr. Rumpf advised the Business
Tax Division of the Development Department reviewed each and every Business Tax
Certificate applied for or renewed.
Chair Jaskiewicz suggested a motion be made, allowing an addition to a medical office
within the C1 Professional district for this specific use only.
Motion
Mr. Lis moved to approve the request to grant the variance of six parking spaces, from
32 to 26 spaces, to allow the second floor addition of an individual cancer treatment
room to an existing medical building within the C-1 Office Professional zoning district for
the Boynton Beach Cancer Center, and that any subsequent purchaser or any
subsequent user of that facility be required to meet the Parking Code regulations
applicable to their particular use in the future. Ms. Grcevik seconded the motion.
Mr. Barnes believed a future phYSiCian should have the ability to have another traffic
study conducted.
Mr. Saberson pointed out, if the Code in effect for a subsequent user with the same
type of use required 32 parking spaces, the motion stated by Mr. Lis reflected the user
would be required to have 32 spaces, even if he or she could meet the same parking
demand required for this particular practice. The subsequent user should be given an
option to meet the same parking demand required for this particular practice, or comply
with the Parking Code requirements in effect for that use.
Motion
Mr. Lis moved to amend his motion to include Mr. Saberson's comments. Ms. Grcevik
seconded the motion to amend.
Chair Jaskiewicz opened the public hearing. No one came forvvard, and the publiC
hearing was closed.
Vote
The motion as amended passed unanimously.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
Motion
Mr. Lis moved to approve the Site Plan Modification proposed for approximately 1,000
square feet to add a second treatment room to the facility subject to the 12 conditions
of approval. Mr. Myott seconded the motion that passed unanimously.
B. The Learning Place II
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Learning Place II (SPTE 09-003)
Scott Freeland and Catherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of
Citrus Grove Elementary School and the
LWDD L-21 Canal
Request for a third one-year time extension
for the new site plan and conditional use
(COUS 04-008) approved on October 18, 2005,
thereby further extending site plan approval
from October 18, 2008 to October 18, 2009.
Kathleen Zeitler, Planner, presented the request. The site consisted of 8.39 acres in
a single-family residential R-1-AAB zoning district and was approved for a conditional
use for a 7,800 square foot daycare center. The site plan was originally approved by
the City Commission on October 18, 2005, subject to 41 conditions of approval. If the
request for an extension were approved, the site plan, including concurrency approval,
would be extended to October 18, 2009. Construction plans had been submitted and
were in the building review process. Revisions were required to comply with all
conditions of approval. Staff recommended approval with one condition, that the site
plan time extension would still be subject to the conditions of approval from all previous
applications.
Dave Beasley, 2385 SW 13th Terrace, noted the project was proceeding and clearing
permits were in place. Mr. Freeland had been working with the South Florida Water
Management District regarding clearing on the right-of-way. Mr. Freeland obtained a
sign permit, and a temporary sign had been installed. Technical issues remained, but
90% of the comments had been addressed.
Chair Jaskiewicz believed the need existed for the Learning Center regardless of current
economic conditions. She commented on the attractiveness of the exterior of the
building, and Mr. Beasley assured the exterior had not changed.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VIII.-PUBLIC HEARING
ITEM B.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 16, 2008 December I, 2008 (Noon) ~
0 January 6, 2009 December 15,2008 (Noon) 0
0 January 20, 2009 January 5, 2009 (Noon) 0
0 February 3, 2009 January 19, 2009 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
February 17,2009 February 2,2009 (Noon)
March 3, 2009 February 17,2009 (Noon)
March \7,2009
March 2, 2009 (Noon) 0
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NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
~ Public Hearing
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City Manager's Report
New Business
Legal
Unfinished Business
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RECOMMENDATION: Please place this request on the February 17, 2009 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 27,2009, recommended that the request be approved,
For further details pertaining to this request, see attached Department Memorandum No. 09-001.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Beach Cancer Center (MSPM 09-001)
Richard K. Brooks, Jr. AIA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of Woolbright Road and SW 22nd Street)
Request for major site plan modification approval for an approximately 1,000 square foot,
second story medical office addition in the C-l, Office Professional zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development D '
~
City Manager's Signahrre
C4-"~
Assistant to City Manager
<"~<) --; L-
Ffl"nning an~g Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Cancer Ctr #2\Agenda Request Boynton Beach Cancer Ctr MSPM 09-001 2-17-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-001
STAFF REPORT
TO:
Chair and Members
Planning and Deve~opment Board
FROM:
.~/
Michael RumpL ',; ,
Planning and Zoning Director
Ed Breese ~ j
Principal Planner
THRU:
DATE:
January 9, 2009
PROJECT NAME/NO:
Boynton Beach Cancer Center
MSPM 09 - 001
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner/Applicant:
Boynton Beach Radiation Oncology
Agent:
Richard K. Brooks, Jr. Architect
Location:
2301 Woolbright Road (see "Exhibit A" - Location Map)
Existing Land Use/Zoning:
Office Commercial (OC) / Office Professional (C-1)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Request for major site plan modification approval for an
approximately 1,000 square foot, second story medical officE
addition in the C-1 (Office Professional) zoning district.
Acreage:
16,946 square feet / (0.39 acres)
Adjacent Uses:
North:
Right-of-way for LWDD L-26 Canal, then farther north is single residential homes,
zoned Single Family (R1-AA);
South:
Right-of-way for Woolbright Road, then farther south is single residential homes,
zoned Single Family (R1-AA);
East:
Right-of-way for SW 22nd Street, then farther east is multi-family residential
(Venetian Terrace Condominiums), zoned Multi-Family (R-3); and
West:
Right-of-way for Leisureville Canal, then farther west is developed office, zoned
Office Professional (C-1).
Staff Report - Boynton Beach Cancer Center (MSPM 09-001)
Memorandum No PZ 09-001
Page 2
Project size:
The project consists of a modification of an existing medical building to construct a
second-story addition of approximately 1/000 square feet.
Site Characteristic: The subject parcel is a rectangular-shaped piece of land with approximately 90 feet
of frontage along Woolbright Road and a maximum depth of approximately 193
feet. The lot is improved with a two (2) story medical building with the first floor
consisting mostly of understory parking. There are canals on both the north and
west sides of the property.
BACKGROUND
Proposal:
The applicant is requesting major site plan modification approval for an
approximately 1/000 square foot, second story medical office addition, in order to
accommodate a second, individual cancer treatment room.
ANALYSIS
Concurrency:
Traffic: The traffic study, prepared by Kimley-Horn and Associates, Inc., indicates the
proposed building addition would add 3 AM Peak Hour trips and 4 PM Peak Hour
trips. According to the County's Land Development Code (Article 12)/ projects that
generate fewer than 20 peak hour trips are not subject to the submittal of a Traffic
Impact Study for County review.
Utilities: No impacts to utility operations are anticipated with this request.
Drainage: The Engineering Division has determined there would be no impacts to site
drainage as a result of the proposed improvements.
School: This project is exempt from the school concurrency requirements of Palm Beach
County.
Driveways: The subject property fronts on Woolbright Road. Existing on-site circulation consists
of one (1) driveway near the center of the property, accessing SW 22nd Street to
the east. This ingress/egress point is not proposed to be altered with the subject
building addition. The driveway width measures approximately 25 feet in width.
Parking Facility: Parking required for this type of facility is based on one (1) parking space per 200
square feet of gross floor area, or 32 parking spaces. The site plan indicates there
are 26 parking spaces provided, and they wi!! remain intact with the proposed
second story addition. Since there will be a deficit of 6 spaces, the applicant has
submitted an application for a parking variance (ZNCV 09-001)/ a parking study
prepared by a professional engineer, and justification statement. Approval of the
Major Site Plan Modification will be subject to approval of the associated parking
variance (see Exhibit "C" - Conditions of Approval). The agent notes in the variance
package that approximately 2/000 square feet of the 6/130 square foot medical
Staff Report - Boynton Beach Cancer Center (MSPM 09-001
Memorandum No PZ 09-001
Page 3
building, or nearly one-third (1/3) of the floorspace is dedicated to equipment and
individualized treatment. The agent further states that each treatment room Gin
accommodate one patient and one technician, therefore this 2,000 square foot
portion of the building would accommodate 4 persons. Based upon City parking
requirement of one space per 200 square feet of medical office space, this portion
of the building would necessitate 10 parking spaces, when the actual demand fO!"
only four (4) spaces is generated due to the design and operation of the facility,
The consulting engineer indicates that the on-site observations and parking
manuals support the request for the variance of six (6) spaces.
Landscaping: The proposed pervious or "green" area of the property would be 4,923 square feet
or 29%. The landscape plan depicts the existing landscaping around the building
and parking area. The proposed addition will require the relocation of some of the
landscaping along the northerly edge of the parking area. Landscape sheets L-1
and L-2 depict the relocation of several Sabal Palms, a Silver Buttonwood Tree, and
shifting of the Cocoplum Hedge and Fakahatchee Grass Groundcover. Staff
recommends the Sabal Palms be simply shifted northerly from their existing
location, in an effort to provide some visual screening of the building addition from
the residential properties to the north across the canal. Additionally, at time of
permitting, staff will review the site for any deficiencies or deviations from the
previously approved landscape plan, and the applicant will be required to restore
any damaged or missing plant material (see Exhibit "c" - Conditions of Approval).
Building and Site: Building and site regulations will be fully met when staff comments are
incorporated into the permit drawings. As noted earlier, the proposed alterations
consist of a second floor addition for a specialized treatment room. The building
elevations sheet (see Sheet A- 3 - Exhibit "B") shows that the building remains two
(2) stories tall, with a roof deck height of 30 feet, and a parapet height of 35 feet
The height of the building addition is in proportion to that of the existing structure,
which has a roof deck height of 27 feet, and complies with the maximum allowable
height in the C-1 zoning district. The addition is proposed on the northwest carner-
of the existing structure, over a portion of the existing parking lot and a limited
area of landscape. As discussed previously, the landscaping affected by the
addition will be slightly adjusted and/or relocated on site. The addition will consist
of a treatment room like the one on the first floor and house specialized equipment,
which fill the space and allow for treatment of only one patient at a time (see Sheet
A-2 - Exhibit B).
Design: The applicant has indicated that the colors on the existing building will not be
altered as a result of this application and that the fa~ade of the addition will mirror
the existing architecture and be painted to match.
Signage: No new signage is proposed as part of this small building addition.
Staff Report - Boynton Beach Cancer Center (MSPM 09-001)
Memorandum No PZ 09-001
Page 4
RECOMMENDATION:
The Technical Application Review Team (TART) has reviewed this request for major site plan modification
approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions
of Approval, including approval of the corresponding parking variance (ZNCV 09-001). Staff recommends
that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit.
Also, any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
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EXHIBIT "e"
Conditions of Approval
Project name: Boynton Beach Cancer Center (nka Boynton Beach Radiation / Oncology)
File number: MSPM 09-00 I
nd
d 'fi d . h D
b 30 2008 PI
&Z
d
k
Reference: 2 review plans i entl Ie WIt a ecem er , anmng omng ate stamp mar mg,
DEPARTMENTS INCLUDE REJbCl
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
Comments:
1. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
2. Indicate within the site data the type of construction of the/each building as X
defined in 2004 FBC, Chapter 6,
3. Indicate within the site data the occupancy type of the/each building as X
defined in 2004 FBC, Chapter 3.
(onditions or Approval
,
DEP ARTMENTS
4.
Every building and structure shall be of sufficient strength to support the
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
5.
At time of permit review, submit signed and sealed working drawings of the
proposed construction.
6. If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A) The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B) If the project is a multi-family project the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C) The number of dwelling units in each building.
D) The number of bedrooms in each dwelling unit.
E) The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article It Sections 26-34)
7.
Pursuant to approval by the City Commission and all other outside agencies,
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
8. The full address of the project shall be submitted with the construction
documents at the time of permit application submittal. The United States
Post Office, the City of Boynton Beach Fire Department, the City's GIS
Division, and the Palm Beach County Emergency 911 shall approve the
addressing plan.
A) Palm Beach County Planning, Zoning & Building DivisIOn. lOCi
Australian Avenue, West Palm Beach, Florida (Sean McDonald 561-
233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
I Comment" None
I
I
~ments:
PARKS AND RECREATION
FORESTER/ENVIRONMENT ALIST
INCLUDE i RETE! ,
---l!
x
\:
'\
.- ::
x
-~i
Ii
x
1:
I
~ -----!
i
.~_!
DEP ARTMENTS INCLUDE REJECT
9. Prior to submitting for permits, work with the City Forester on the ultimate X
relocation plan for the Sabal Palms displaced with the proposed addition, to
ensure that the second story addition is adequately screened from properties
on the north and west.
PLANNING AND ZONING
Comments:
10. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
11. Should the proposed building addition's permit valuation exceed $250,000, X
the applicant is responsible for compliance with Ordinance 05-060, the "Art
in Public Places" program, and must demonstrate their participation.
12. Approval of the Site Plan is subject to Commission approval of the associated X
parking variance (ZNCV 09-001).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. I I I
S:IPlannmgISHARED\WPIPROJECTSlBoynton Beach Cancer Ctr #2ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH. FLORIDA
PROJECT NAME: Boynton Beach Cancer Center
APPLICANT'S AGENT: Richard K. Brooks, Jr. AlA, NCARB
APPLICANT'S ADDRESS: 4800 N. Federal Hwy #1 04B Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for an approximately
1,000 square foot, second story medical office addition in the (-1
Office Professional zoning district.
LOCATION OF PROPERTY: 2301 W. Woolbright Road
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:\Planning\SHAREDlWP\PROJECTS\Boynlon Beach Cancer Clr #2\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
timetable be required for landscaping to be installed, whether the development went
forward or not. Board comments should be included in the conditions of approval as
well as in the minutes, and the conditions should be very specific and contain a time
element.
It was questioned whether anything could be done to ensure a neater appearance for
the fences surrounding project sites. Mr. Rumpf noted Part II of the Code of
Ordinances addressed the proper maintenance of property, but was not always specific
as to residential, commercial or pending development. Property maintenance
regulations had been further expanded to be more comprehensive with regard to
improved buildings, beautification, and maintenance of walkways and railings.
It was agreed the issues addressed regarding conditions of approval would continue to
be pursued.
Attorney Alexander administered the oath to all who would be testifying.
7. New Business
A. Boynton Beach Cancer Center
Zonina Code Variance
1.
PROJECT:
AGENT:
OWN ER:
LOCATION:
DESCRIPTION:
'~Boynt:ort Bead, Cancer Center (ZNCV 09-
001)
Richard K. Brooks, Jr. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of
Woolbright Road and SW 22nd Street)
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, Zoning, Section 11.H.16.d(19),
reqUiring 32 parking spaces, to provide 26
parking spaces; a variance of 6 parking
spaces, to allow an addition to a medical
office within a C-1 Office Professional zoning
district.
B. Boynton Beach Cancer Center
Zonina Code Variance
1.
PROJECT:
Boynton Beach Cancer Center (MSPM 09-
001)
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
AGENT:
OWNER:
LOCATION:
DESCRIPTION
Richard K. Brooks, Jr. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of
Woolbright Road and SW 22na Street)
Request for major site plan modification
approval for an approximately 1,000 square
foot, second story medical office addition in
the C-l, Office Professional zoning district.
Mr. Rumpf requested the Board consider the Zoning Code Variance and Major Site Plan
Modification together with separate motions. There was no objection from the Board.
Mr. Rumpf presented the requests. The proposed modifications included a 1,000
square foot addition to the second floor. The proposed improvement would comply
with all Land Development Regulations except for the parking space requirements. The
additional space required five additional parking spaces, for a total of 32 spaces. The
4/10 acre site was built out, with a total of 26 parking spaces. The plans reflected 27
spaces, and it was believed the additional space was used as a turnaround.
A variance application had been filed requesting relief from the parking requirements in
the amount of six spaces. Submitted in support of the application and hardship was an
explanation of the uniqueness of the cancer treatment center and a corresponding
parking study conducted by local professional transportation engineers.
The equipment to be added governed the patient load of the medical office. Two 1,000
square foot treatment rooms would simultaneously accommodate two patients and two
technicians, or the equivalent of four vehicles. The parking regulations would require
10 spaces for the 2,000 square feet. The parking analysis supported this position,
noting the maximum accumulated parking resulted in 18 spaces for the existing 5,180
square foot medical office facility. With 100% occupancy and no seasonal adjustment,
and with a 15% adjustment factor to allow for orderly turnover of spaces, 21 spaces or
1 space per 246 square feet was needed. The expansion of the project called for 26
parking spaces based on the total square footage. Staff made repeated site visits to
observe the parking characteristics and noticed similar activity, with an average of 13
spaces being used, which was less than 50% of the total parking spaces provided on
the site.
Chair Jaskiewicz noted an instance when 21 spaces had been used. She questioned
whether patients and employees could be accommodated. Mr. Rumpf explained the 21
spaces were referenced in the parking study and included parking for employees as weii
as patients.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
Based on the analysis contained in the report and the parking study submitted, staff
determined a hardship existed based upon the use and operations of the facility, and a
parking regulation that did not adequately address deviations in business operations.
The variance would be in harmony with the general intent and purpose of the ordinance
and would not be injurious to the area involved or the public. Staff recommended both
the Major Site Plan Modification and variance request be approved, together with the 12
conditions of approval.
Richard Brooks, 4800 N. Federal Highway, architect, noted the facility was well
utilized and currently over-parked. He would be preparing the plans for the expansion.
He noted parking spaces had always been available at the site. Various types of
medical facilities had different parking requirements. Surgeons required fewer spaces
than general practitioners. The addition would be made to the rear of the building
which was bordered by a canal on the north and west sides. He had already submitted
a landscaping plan, and he believed the final product would be greatly enhanced.
In response to the inquiry of Chair Jaskiewicz, Mr. Brooks estimated there were
approximately 10 employees at the facility. Chair Jaskiewicz noted many of the
residents in the area had been concerned with radiation emissions and further
expansion. She had previously observed parking on the swale areas. Mr. Brooks noted
the landscaping would be redistributed to include the street side and swale areas. Chair
Jaskiewicz inquired as to the precautions for radiation emissions. Mr. Brooks responded
the equipment had been analyzed and protections were incorporated into the structure.
A great deal of criteria was required to ensure there were no radiation emissions
occurring in the building. The final inspection would be approved by the Center's
physicist. Mr. Myott noted a scattered diagram furnished by the equipment's provider
evidenced the amount of radiation emitted, and the physicist would specify the
shielding requirements for the floor, ceiling and walls to be incorporated into the
construction drawings. A building inspector would conduct an inspection to assure led
lining, if required. Mr. Brooks noted his client owned the building which was built for
this specific use.
It was noted if the Board were to approve the request, the applicant would have fewer
parking spaces. While this would be suitable for the current use, it would not be
suitable for a general or pediatric practice.
Mr. Brooks pointed out cancer treatment centers either had two rooms or a maximum
of three. Any more than that would constitute a full medical facility. Treatments were
provided on a referral basis. Chair Jaskiewicz felt that while the Center was located in
an advantageous spot, the site was very small for that particular building.
It was suggested a condition be imposed that the variance only be approved for this
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
site plan. Even if it were to remain a cancer center, new technology could be
formulated, resulting in five or six patients to a treatment room.
It was questioned whether there were any licensed traffic engineers to review Kimley-
Horn's study. Mr. Rumpf responded there were no qualified parking experts on staff.
Studies usually received by staff had more to do with traffic than parking.
Transportation studies were usually reviewed by Mr. Livergood, a member of the
Technical Application Review Team (TART).
It was suggested developers making application similar to the current request attend a
methodology meeting and pay for the cost of hiring a third-party consultant. This
would assist staff and facilitate the approval process. Mr. Rumpf indicated staff had
discussed including the suggestion in the new Land Development Regulations.
It was noted, if the request were to be approved, a distinction should be made in that
the Board would be allowing the project to provide six fewer parking spaces based on
the medical use proposed and the increased square footage.
Mr. Rumpf stressed the site had been built out and would now be intensified. While a
unique condition existed, the parking variance would become null and void. As such,
either a portion of the building not in use should be closed down or parking spaces
added.
Highlights of the Board's discussion included:
+ Another parking study should be made.
+ While the use was less intense, the impact on the neighborhood should be taken
into consideration.
+ Parking requirements for any subsequent tenant or owner must conform to the
current parking study or a subsequent completed parking or use analysis.
+ Concerns remained regarding radiation emissions, traffic, parking and the
possibility the doctors could relocate.
+ Current occupancy usage should be given consideration.
+ Future enforcement should be considered.
Mr. Rumpf pointed out the Board's support was based upon the data analysis provided.
A subsequent use would have to be similar in intensity, as set forth in a prior analysis,
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
and confirmed by a current parking and use analysis. Based upon the characteristics of
the building, Mr. Rumpf did not believe it was likely another smaller oncology type clinic
or similar use would desire that type of building.
It was questioned whether the City's Business Tax Receipt required parking and other
requirements to be met by a new medical profession. Mr. Rumpf advised the Business
Tax Division of the Development Department reviewed each and every Business Tax
Certificate applied for or renewed.
Chair Jaskiewicz suggested a motion be made, allowing an addition to a medical office
within the C1 Professional district for this specific use only.
Motion
Mr. Lis moved to approve the request to grant the variance of six parking spaces, from
32 to 26 spaces, to allow the second floor addition of an individual cancer treatment
room to an existing medical building within the C-1 Office Professional zoning district for
the Boynton Beach Cancer Center, and that any subsequent purchaser or any
subsequent user of that facility be required to meet the Parking Code regulations
applicable to their particular use in the future. Ms. Grcevik seconded the motion.
Mr. Barnes believed a future physician should have the ability to have another traffic
study conducted.
Mr. Saberson pointed out, if the Code in effect for a subsequent user with the same
type of use required 32 parking spaces, the motion stated by Mr. Lis reflected the user
would be required to have 32 spaces, even if he or she could meet the same parking
demand required for this particular practice. The subsequent user should be given an
option to meet the same parking demand required for this particular practice, or comply
with the Parking Code requirements in effect for that use.
Motion
Mr. Lis moved to amend his motion to include Mr. Saberson's comments. Ms. Grcevik
seconded the motion to amend.
Chair Jaskiewicz opened the public hearing. No one came forward, and the public
hearing was closed.
Vote
The motion as amended passed unanimously.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
Motion
Mr. Lis moved to approve the Site Plan Modification proposed for approximately 1,000
square feet to add a second treatment room to the facility subject to the 12 conditions
of approval. Mr. Myott seconded the motion that passed unanimously.
B. The Learning Place II
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWN ER:
LOCATION:
DESCRIPTION:
The Learning Place II (SPTE 09-003)
Scott Freeland and ':atherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of
Citrus Grove Elementary School and the
LWDD L-21 Canal
Request for a third one-year time extension
for the new site plan and conditional use
(COUS 04-008) approved on October 18, 2005,
thereby further extending site plan approval
from October 18, 2008 to October 18, 2009.
Kathleen Zeitler, Planner, presented the request. The site consisted of 8.39 acres in
a single-family residential R-l-AAB zoning district and was approved for a conditional
use for a 7,800 square foot daycare center. The site plan was originally approved by
the City Commission on October 18, 2005, subject to 41 conditions of approval. If the
request for an extension were approved, the site plan, including concurrency approval,
would be extended to October 18, 2009. Construction plans had been submitted and
were in the building review process. Revisions were required to comply with all
conditions of approval. Staff recommended approval with one condition, that the site
plan time extension would still be subject to the conditions of approval from all previous
applications.
Dave Beasley, 2385 SW 13th Terrace, noted the project was proceeding and clearing
permits were in place. Mr. Freeland had been working with the South Florida Water
Management District regarding clearing on the right-of-way. [vJr. Freeland obtained a
sign permit, and a temporary sign had been installed. Technical issues remained, but
90% of the comments had been addressed.
Chair Jaskiewicz believed the need existed for the Learning Center regardiess of current
economic conditions. She commented on the attractiveness of the exterior of the
building, and Mr. Beasley assured the exterior had not changed.
9
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 16,2008
o January 6. 2009
o January 20, 2009
o February 3, 2009
December 1.2008 (Noon) [gJ February 17. 2009
December 15,2008 (Noon) 0 March 3. 2009
January 5, 2009 (Noon) 0 March 17, 2009
January 19, 2009 (Noon) 0 April 7,2009
February 2.2009 (Noon)
February 17.2009 (Noon)
o
I..P
March 2, 2009 (Noon) c-
~
%
March 16.2009 (Noon)N
\,.0
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NATURE OF
AGENDA ITEM
o
o
o
o
[gJ
Announcements/Presenta tions
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
o
o
o
o
o
City Manager's Report
New Business
-0
:J:
Legal
Unfinished Business
o
eN
RECOMMENDATION: Please place this request on the February 17,2009 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 27,2009, recommended that the request be approved.
For further details peliaining to this request, see attached Department Memorandum No. 09-005.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
The Learning Place II (SPTE 09-003)
Scott Freeland and Catherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of Citrus Grove Elementary School
and the L WDD L-21 Canal
Request for a third (1) year time extension for the new site plan and conditional
use (COUS 04-008) approved on October 18,2005, thereby further extending
site plan approval from October 18, 2008 to October 18, 2009.
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
)
I I ,/l
--K~
Developme
City Manager's Signature
Assistant to City Manager ~
~()
Planning and Z mg Director City Attorney I Finance
S:\Planning\SHAREDlWP\PROJ CTS\Learning Depot - Learning Place 1I\Learning Place J1\SPTE 09-003\Agenda Item Request Learning Place II SPTE
09-0032-17-09.doc
S:\BULLETIN\FORMS'AGENDA ITEM REQUEST FORM DOC
TO'
THRU:
FROM:
DATE:
PROJECf:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-005
Chair and Members
Planning and DevelQ.pmem Board
Michael Rump~i
Director of Planning and Zoning
Kathleen Zeitler fC::,:-
Planner II
January 19, 2009
The Learning Place II (SPTE 09-003)
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owners:
Applicant / Agent:
location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
Scott and Cathy Freeland
Scott and Cathy Freeland
8518 Lawrence Road (see Location Map - Exhibit "A")
Low Density Residential (LDR)
Single-family Residential (R-1-AAB)
No change proposed
No change proposed
7,800 square foot Day Care Center
0.839 acre (36,588 square feet)
Right-of-way for Lake Worth Drainage District (LWDD) Canal L-21, then farther
north is a developed school (Citrus Cove Elementary School), classified Low
Density Residential (LDR) land use and zoned Single-family Residential (R-l-
AA);
Developed property classified Low-density Residential (LDR) and zoned Single-
family Residential (R-l-AAB);
Right-of-way for Lawrence Lake Drive, then farther east are developed single-
family homes (Lawrence Lakes Estates) classified Low Density Residential (i_DR)
and zoned Planned Unit Development (PUD); and
Page 2
Memorandum No. PZ 09-005
The Learning Place II (SPTE 09-003)
West:
Right-of-way for Lawrence Road, then developed single-family homes
(Sausalito) classified Moderate Density Residential (MoDR) and zoned Planned
Unit Development (PUD).
BACKGROUND
Scott and Cathy Freeland (property owners) are requesting a third one (l)-year site plan time extension for
The Learning Place II new site plan and conditional use Development Order (COUS 04-006), which was
originally approved by the City Commission on October 18, 2005. At the time of site plan approval the
regulations allowed a total of one (1) year to secure a building permit following site plan approval; however,
the regulations have since been revised to allow an initial 18-month period to secure a building permit. A site
plan time extension (SPTE 07-001) for this project was approved on February 13, 2007, which extended site
plan approval for one (1) year, from October 18, 2006 to October 18, 2007. A second time extension (SPTE
08-001) for this project was approved on February 19, 2008, which extended site plan approval for one (1)
year, from October 18, 2007 to October 18, 2008. If this request for an additional extension were approved,
the expiration date would be extended to October 18, 2009.
The subject property is a vacant, undeveloped lot located on the east side of Lawrence Road approximately
1,100 feet north of Gateway Boulevard (see Location Map - Exhibit "A''). According to the staff report for the
approved site plan and conditional use (COUS 04-006), the proposed Learning Place II was approved for a
7,800 square foot day care center on a 0.839-acre parcel in the R-1-AAB zoning district (see Site Plan -
Exhibit "B''). The proposed nonresidential use is a conditional use in the R-1-AAB residential zoning district.
Staff reviewed and evaluated the project according to the standards for conditional uses, and reviewed the
site plan for compliance with the Land Development Regulations. The project was approved subject to 41
original conditions of approval. The project has been approved for the following: a new site plan and
conditional use approval (COUS 04-006); and two site plan time extensions (SPTE 07-001, SPTE 08-001).
ANALYSIS
According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have
eighteen (18) months to secure a building permit from the Development Department", however at the time
the site plan was approved, only one (1) year was allowed to secure a building permit. According to Chapter
2, Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be
developed. A condition of site plan approval requires a period of one (1) year be allowed to obtain a building
permit for the project. Examples of building permits include but are not limited to the following: Plumbing,
electrical, mechanical, foundation, and structural. The Land Development Regulations authorize the City
Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the
request prior to the expiration date of the development order. In this case, it has been determined that the
applicant met that requirement. The Planning & Zoning Division received the request for time extension on
October 20, 2008, accepting it the next business day following the expiration date of Saturday, October 18,
2008.
According to the justification submitted for the requested time extension (see Exhibit "C''), the applicants
expiain that they have secured a clearing permit and a temporary sign permit from the City and a utilities
permit from the County. Construction plans were initially submitted to the Building Division in May, 2008, and
were revised and resubmitted, and the applicants estimated that a building permit for the project would be
issued by November 1, 2008. The Building Division has since advised that additional plan revisions are
required to comply with Code and conditions of site plan approval. The applicants received those review
Page
[vlen'1orandulll i'Jo. PZ :J9-005
Th3 ,-earning Place i! (SPTE 09-003)
comments in early November, 2008 and are working at this time to address all the comrm:?nls and rf?V'~'
final plans for building permit.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concuIT::!lCY
r-equirements. On November 19, 2007 the Palm Beach County Traffic Division approved the traffic study 1'0r
the proposed daycare based on a total of 7,800 square feet and a traffic generation of 423 new daily trips.
Based on the Traffic Division's review, it has been determined that the proposed project meets the Traffic
Performance Standards of Palm Beach County. No building permits are to be issued after the build-out vea,
of 2009.
The site plan time extension would still be subject to conditions of approval from all previous applications.
Lastly, no new land development regulations are now in place which staff recommends should be applied to
the subject project. As for application of the Art in Public Places Ordinance, site plan approval occurred prior
to the adoption of Ordinance 05-060.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for one (1) year time extension of the new site plan/conditional use
(COUS 04-006) approval for The Learning Place II project. If this request for extension we,e approved, the
expiration of this site plan would be extended to October 18, 2009, and all outstanding conditions of approval
from the original development order and previous site plan time extension approval must still be satisfactorily
addressed during the building permit process. Any additional conditions recommended by the Board 01- Citv
Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "0").
S :\Planning\SHARED\ WP\PROJECTS\Learning Place II\SPTE 09-003\Staff Reportcioc
Exhibit "A" - The Learning Place
Location Map
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Citrus Cove
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EXHIBIT "DH
Con di tlOn S 0 tjjJ212TIL\:~~J
Project name: The Learning Place 11
File number: SPTE ()C)-003
Reference:
I DEPARTMENTS : I~CLLDE RE.lJ:
I PUBLIC WORKS- General :
I -I
Comments: None i \:
~____:___l~ __
~-~----r--
PUBLIC WORKS- Traffic _--L___
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Comments: None , "\: '~,_-
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I UTILITIES
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I Comments: None :\ I
_~__"____,__,,,,___'--___,':"'~___.L,__,,__
---.----- ~-~----------.------'--------i-------
FIRE ! i
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I. Comments: None
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Comments: None
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Comments: None
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FORESTER!ENVIRONME~T ALIST
~______..l____ I J
Comments: None
~__~_~~~....L_---~ _.j
PLANNING AND ZONING
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Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :IPlanningISHARED\ WPIPROJECTSlLearning Place I1\SPTE 09-003ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
The Learning Place !1
APPLICANT'S AGENT:
Scott and Cathy Freeland
APPLICANT'S ADDRESS:
10855 Canyon Bay Drivef Boynton Beachf FL 33437
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until October 18f 2009,
for construction of a 7,800 square foot day care center on a 0.84-acre
parcel in the R-1-AAB zoning district.
LOCATION OF PROPERTY: 8518 Lawrence Road (east side of Lawrence Roadf approximately 1,100
feet north of Gateway Boulevard).
DRAWING(S): SEE EXHIBIT "BIf ATTACHED HERETO.
X THIS MATTER came to be heard before the City Commission of the City of Boynton
Beachf 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, 01"
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "DIf with notation "Includedlf.
4. The Applicantfs 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 ,,+-l-.~_
I . ULlICI
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Learning Place II\SPTE 09-003\00 doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
Motion
Mr. Lis moved to approve the Site Plan Modification proposed for approximately 1,000
square feet to add a second treatment room to the facility subject to the 12 conditions
of approval. Mr. Myott seconded the motion that passed unanimously.
B. ~v.,.,..,'
t.'"'.,;::- .;"
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1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
("'-; '" <{" '~E-':\ ~ :...~. 't:
T.............
Scott Freeland and Catherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of
Citrus Grove Elementary School and the
LWDD L-21 Canal
Request for a third one-year time extension
for the new site plan and conditional use
(COUS 04-008) approved on October 18, 2005,
thereby further extending site plan approval
from October 18, 2008 to October 18, 2009.
Kathleen Zeitler, Planner, presented the request. The site consisted of 8.39 acres in
a single-family residential R-l-AAB zoning district and was approved for a conditional
use for a 7,800 square foot daycare center. The site plan was originally approved by
the City Commission on October 18, 2005, subject to 41 conditions of approval. If the
request for an extension were approved, the site plan, including concurrency approval,
would be extended to October 18, 2009. Construction plans had been submitted and
were in the building review process. Revisions were required to comply with all
conditions of approval. Staff recommended approval with one condition, that the site
plan time extension would still be subject to the conditions of approval from all previous
applications.
Dave Beasley, 2385 SW 13th Terrace, noted the project was proceeding and clearing
permits were in place. Mr. Freeland had been working with the South Florida Water
Management District regarding clearing on the right-of-way. Mr. Freeland obtained a
sign permit, and a temporary sign had been installed. Technical issues remained, but
90% of the comments had been addressed.
Chair Jaskiewicz believed the need existed for the Learning Center regardless of current
economic conditions. She commented on the attractiveness of the exterior of the
building, and jvir. BeaSley assuied the exterior had not changed.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida January 27, 2009
Chair Jaskiewicz opened the public hearing. No one came forward and the public
hearing was closed.
Motion
Mr. Barnes moved approval of the request for a third one-year time extension for the
new site plan and conditional use approved on October 18, 2005, thereby further
extending the site plan approval from October 18, 2008 to October 18, 2009, inclusive
of all previous conditions. Mr. Lis seconded the motion that passed unanimously.
C. Chow Hut
Site Plan Time Extension
1.
PROJEIT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Chow Hut (SPTE 09-004)
Douglas Peters
Douglas Peters
558 Gateway Boulevard
Request for a third one-year site plan time
extension for the major site plan modification
(05-007) approved on November 1, 2005,
thereby further extending site plan approval
from November 1, 2008 to November 1, 2009.
Ms. Zeitler presented the request. Chow Hut was located on the south side of Gateway
Boulevard west of Federal Highway on .18 acres in a Neighborhood Commercial C-2
zoning district. It was approved for a take-out restaurant with a maximum of 32
outdoor seats. The site plan was approved by the City Commission subject to 28
conditions of approval. If the request for an extension were approved, the expiration of
the site plan would be extended to November 1, 2009. The applicant indicated that
after reviewing and modifying the plans, the project was moving forward and finalized
plans had been submitted to the Health Department. The applicant anticipated
submitting plans to the City for site permits in early 2009. Staff recommended approval
with one condition, that the site plan time extension would still be subject to the
original conditions of approval.
Douglas Peters, 6023 Le Lac Road, owner of Chow Hut, advised the project was
moving forward and stamped, completed, plans approved by the Health Department
had been secured. He was awaiting the architect's approval. The property had always
been maintained and no violations had ever been issued against the property. This
would be his final request for an extension.
Chair Jaskiewicz opened the public hearing. No one came forward, and the public
10
VIII.-PUBlIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJ\;-L
R<:quested City Commission Date Final Form Must be Tumed Requested City Commission
Mcetlnf!: Dates in to CIlY Clerk's Office Meeting Dates
0 December] 6, 2008 December 1 , 2008 (Noon) [S;] February I!, 2009
D January 6, 2009 December 15. 2008 (Nuon I 0 March 3. 2009
0 January 20, 200') January 5, 2009 (Noon) 0 iv/arch] 7,2009
0 Fehruary 3. 2009 January 19.2009 (Noon') 0 April 7, 2009
Date Final Furm Must be Tumed
in Ji.LLi!Y-5:: 1 er k' s () ffl c e
February 2,2009 (Nonn)
February 17.2009 (Noon)
March 2. 2009 (Noun I
March 16,2009 (Noonl55
C-
p
-,.
......
0 Announcements/Pre s enta tion s 0 City Manager's Report N
I.D
NATURE OF 0 Administrati ve 0 New Business -0
AGENDA ITEIV! 0 Consent Agenda 0 Legal :J::
0 Code Compliance & Legal Settlements 0 Unfinished Business
c::>
~ Public Hearing 0 C,,;.:J
RECOMMENDATiON: Please place this request on the February 17,2009 City Commission Agenda under
Public Hearing. The Plalming and Development Board on January 27.2009, recommended that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 09-006.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
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Chow Hut (SPTE 09-004)
Douglas Peters
Douglas Peters
558 Gateway Boulevard
Request for a third one (I) year site plan time extension for the major site pl:1I1
modification (05-007) approved on 1\ovember 1, 2005, thereby further extending site plan
approval from l\ovember I. 2008 to November 1,2009.
PROGRAM IMPACT: ?\/A
FISCAL IMPACT: N/A
ALTERNATIVES: . A
/if/dIM
Deveb~el{t~DeJartment Di~ector
)
ii/ /)
~~l,-
City Manager's Signature
Assistant to City r-"ranager
C/111--
Planning and Zon' irector City Attorney / Finance
S:lPlanning\SHARED\Wp\PROJEl' S\Chow lIut\SP [E 09-004'Agenda Item Request Chow Hut SPTE 09-004 2-17-09.doc
S:'FJl.'LLETJN\FOR;'vlS\AGENDA lTEM REQUEST FORM DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-006
Chair and Members
Planning and Development Board
Michael RumPfW
Director of Planning and Zoning
Kathleen Zeitler ~
Planner II
January 19, 2009
Chow Hut (SPTE 09-004)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
558 Gateway Boulevard, LLC
Mr. Douglas Peters, 558 Gateway Boulevard, LLC
558 East Gateway Boulevard (see Location Map - Exhibit "A")
Local Retail Commercial (LRC)
Neighborhood Commercial (C-2)
No change proposed
No change proposed
Take Out Restaurant with Outdoor Seating
0.18 acre (8,057 square feet)
Right-of-way for Gateway Boulevard, and further north The Crossings at Boynton
Beach zoned Planned Unit Development (PUD) with Single-family attached residential
units;
Northeast 21st Avenue, and further (SE) Boynton-Hypoluxo Animal Clinic zoned C-2,
and (SW) VFW Post 5335 zoned R-3;
BMT Discount Beverage store zoned C-2; and
Coin Laundry self-serve laundromat zoned C-2.
Page 2
Memorandum No. PZ 09-006
Chow Hut SPTE 09-004
BACKGROUND
Mr. Douglas Peters with 558 Gateway Boulevard, LLC (owner/partner) is requesting a third one (l)-year site
plan time extension for the Chow Hut Major Site Plan Modification Development Order (05-007), which was
originally approved by the City Commission on November 1, 2005. At the time of site plan approval the
regulations allowed a total of one (1) year to secure a building permit following site plan approval; however,
the regulations have since been revised to allow an initial 18-month period to secure a building permit. A site
plan time extension (SPTE 06-014) for this project was approved on January 2, 2007, which extended site
plan approval for one (1) year, from November 1, 2006 to November 1, 2007. A second time extension
(SPTE 08-002) for this project was approved on February 5, 2008, which extended site plan approval for one
(1) year, from November 1, 2007 to November 1, 2008. If this request for an additional extension were
approved, the expiration date would be extended to November 1, 2009.
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study
Area 1. According to the staff report for the approved major site plan modification (MSPM 05-007), the
proposed Chow Hut is a redevelopment project approved for a 2,548 square foot take-out restaurant with
outdoor seating. The project consists of a 1,300 square foot building, and a covered outdoor dining area of
1,248 square feet (see Site Plan - Exhibit "B"). No drive-through window or indoor seating is proposed. The
project includes construction of an additional 598 square feet of enclosed building area to the existing
structure of 702 square feet, for a total enclosed building area of 1,300 square feet. The building addition
includes a freezer/cooler room, public handicap accessible restrooms, kitchen storage area, and ice cream
counter. Also, new covered outdoor dining areas under thatched roofs are proposed on each side of the
building, with a maximum of 32 seats (including service bar area).
According to the applicant, Chow Hut will specialize in gourmet comfort food, and is proposed to be open for
breakfast, lunch, dinner, and "late late" night meals. A service bar is included within the outdoor dining area;
however the applicant has indicated that the majority of sales (90%) will be from food, not alcoholic
beverages. The applicant has indicated that there will not be any amplified music played indoors or outdoors.
The site is currently nonconforming relative to landscaping and ADA requirements. The proposed site
improvements will bring the site up to Code as much as possible by adding architectural interest to the
building, parking designated for handicap use, public restrooms which are handicap accessible, a screened
dumpster with enclosure to match the building color, and additional landscaping where feasible.
ANALYSIS
According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have
eighteen (18) months to secure a building permit from the Development Department", however at the time
the site plan was approved, only one (1) year was allowed to secure a building permit. Examples of building
permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and
structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1)
year, provided that the applicant files the request prior to the expiration date of the development order. In
this case, the applicant has met that requirement. The Planning & Zoning Division received the application for
time extension on October 31, 2008, prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "C"), the applicant
indicates that after reviewing and modifying the plans, the project is moving forward. The letter also states
that finalized plans have been submitted to the Health Department, and the applicant anticipates submitting
plans to the City for site permits in early 2009.
Page 3
Memorandum No. PZ 09-006
Chow Hut SPTE 09-004
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for this project based on the
previously proposed total of 2,420 square feet of restaurant area under roof. The traffic concurrency
approval included a restriction that no building permits are to be issued for the project after the build-out
date of 2006. Prior to site plan approval, the plans were revised from 2,420 square feet to 2,548 square feet
(1,300 sf enclosed building, 1248 sf under roof for outdoor dining). A condition of site plan approval requires
the applicant to obtain a revised traffic concurrency approval for the additional 128 square feet proposed.
The revised traffic concurrency approval will also include an updated project build out date, to coincide with
the site plan time extension schedule.
The site plan time extension would still be subject to conditions of approval from all previous applications.
Lastly, no new land development regulations are now in place which staff recommends should be applied to
the subject project.
SUMMARY I RECOMMENDATION
Staff recommends approval of this requestfor a one (1 )-year time extension of the site plan (MSPM 05-007) for
The Chow Hut project. If this request for extension were approved, the expiration of this site plan would be
extended to November 1, 2009. Staff is generally in favor of the redevelopment efforts represented by the
approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the
Federal Highway Corridor Community Redevelopment Plan for this area and provide economic revitalization. If
this request for site plan time extension is approved, all outstanding conditions of approval from the original
development order must still be satisfactorily addressed during the building permit process. Any additional
conditions recommended by the Board or approved by the City Commission shall be documented accordingly in
the Conditions of Approval (see Exhibit "D").
S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 09-004\Staff Report.doc
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[ADDmONSIRBNOV ATIONS
558 GA WNA Y BOUlfV ARD
BOYNTON BEACH, FL
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ChQw Hut
558 Gateway Blvd.
Boynton Beac~ FL 33435
October 30, 2008
The City" of Boynton Beach
Development Department
Planning and Zoning Division
100 E. Boynten Beach Blvd.
P.O. Box 310
BOynton Beach, FL 334~"~
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RE: Chow Hut
File No: MSPM 05-007
Location: 558 NE 22nd Ave (Gateway Blvd.)
Dear eRA and Commission Members,
EXHIBIT "e",
OO~@~DW~@)
OCT 3 1 2008
PLANNING AND
ZONING DEPT.
We respectfully request a one year extension to our site plan. modification approval. My
partner Anthony Mauro and I are very passionate about developing this property
correctly. After hundreds of hours of reviewing and modifying our pl~ we are moving
forward. We have already submitted our stamped finali'7.ed plan to the Health
Department. By the time this goes to hearing we will be fully submitted to the City of
Boynton Beach. Please ~ this extension.
Sincerely,
Douglas Peters
Owner / Partner
\
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EXHIBIT "D"
Conditions of Approval
Project name: The Chow Hut
File number: SPTE 09-004
Reference:
DEPARTMENTS INCLUDE REJECT
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
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be subject to all previous Conditions of X
Approval corresponding with MSPM 05-007,
Conditions of Approval
The Chow Hut SPTE 09-004
Page 2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAREDlWP\PROJECTS\Chow Hut\SPTE 09-004\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
The Chow Hut
APPLICANT'S AGENT:
Mr. Douglas Peters, 558 Gateway Boulevard, LLC
APPLICANT'S ADDRESS:
558 Gateway Blvd, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT:
Request a one (i)-year site plan time extension until November 1,
2009, for a building addition to a proposed restaurant on a 0.18 acre
parcel in the C-2 zoning district.
LOCATION OF PROPERTY:
558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west
of North Federal Highway).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came 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:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 09-004\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
January 27, 2009
Chair Jaskiewicz opened the public hearing. No one came forward and the public
hearing was closed.
Motion
Mr. Barnes moved approval of the request for a third one-year time extension for the
new site plan and conditional use approved on October 18, 2005, thereby further
extending the site plan approval from October 18, 2008 to October 18, 2009, inclusive
of all previous conditions. Mr. Us seconded the motion that passed unanimously.
C. Chow Hut
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
i.H 1'-I.llt II.ILII ro
Douglas Peters
Douglas Peters
558 Gateway Boulevard
Request for a third one-year site plan time
extension for the major site plan modification
(05-007) approved on November 1, 2005,
thereby further extending site plan approval
from November 1, 2008 to November 1, 2009.
Ms. Zeitler presented the request. Chow Hut was located on the south side of Gateway
Boulevard west of Federal Highway on .18 acres in a Neighborhood Commercial C-2
zoning district. It was approved for a take-out restaurant with a maximum of 32
outdoor seats. The site plan was approved by the City Commission subject to 28
conditions of approval. If the request for an extension were approved, the expiration of
the site plan would be extended to November 1, 2009. The applicant indicated that
after reviewing and modifying the plans, the project was moving forward and finalized
plans had been submitted to the Health Department. The applicant anticipated
submitting plans to the City for site permits in early 2009. Staff recommended approval
with one condition, that the site plan time extension would still be subject to the
original conditions of approval.
Douglas Peters, 6023 Le Lac Road, owner of Chow Hut, advised the project was
moving forward and stamped, completed, plans approved by the Health Department
had been secured. He was awaiting the architect's approval. The property had always
been maintained and no violations had ever been issued against the property. This
would be his final request for an extension.
Chair Jaskiewicz opened the public hearing. No one came forward, and the public
10
Meeting Minutes
Planning and Development Board
Bovnton Beach, Florida
January 27, 2009
hearing was closed.
Motion
Mr. Myott moved to approve the Chow Hut one-year site plan extension subject to all
previous comments. Mr. Saberson seconded the motion that passed unanimously.
8. Other
None
9. Comments by members
Chai r Jaskiewicz discussed a brochure provided by Mr. Rumpf monthly to the Board
members. The brochure included an article regarding the ideal Planning Commission.
She believed the Board met or exceeded the expectations set forth in the article. She
thanked the Board members for renewing their applications to continue on the Board.
10. Adjoumment
There being no further business to discuss, the meeting properly adjourned at 7:57
p.m.
~~ 9-
Stephanie D. Kahn
Recording Secretary
012808
11
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1, 2008 (Noon) IZJ February 17, 2009 February 2,2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon)
0 AnnouncementslPresentations IZJ 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
SYNOPSIS OF REPORT: Based on information reviewed, it is possible for the City to meet the goal of safe, efficient
operational space for the Police Department, relocate City functions into a safer building from hurricane damage, retain a fire
station in the downtown area, provide workforce housing in the downtown area and provide funding for the refurbishment of
the Old High School (the entire structure). The cost of this option is competitive with the cost ofa stand-alone police facility
costing $31M. The cost of this option with a density of housing that staff can support (w/316 units) is $30 M which generates
$8M for the refurbishment of the old high school. If the Commission elects to fund part of the old high school refurbishment
as a public private partnership, say 50% funding or $4 M, the cost of the program would be $26M. This report also covers
other options including purchase of office space only.
RECOMMENDATION: Review proposals for relocation of Police and City offices into an existing new office building at
Gateway and Congress. Proposal includes swap of City-owned land at current City Hall site for a workforce housing and
retail mixed use development on the site of current City Hall. Staff also was directed by the City Commission to formulate a
strategy to refurbish the Old High School, if possible. Staff has prepared six options for review of the City Commission as
follows:
I. Land swap with re-development of City Hall parcel at one of four density options. City offices and Police Offices
would relocate to Gateway and Congress. Space needed is approximately 112,100 sq. ft (City 50,500 sq. ft and
Police 61,600 sq. ft). Under this option funds are provided for 100% refurbishment of entire Old High School ($8
M) and replacement of Fire Station #1 in downtown area with land ($5M). (There are four sub-options with this
proposal based on 376, 316 units, 256 units or 196 units.) The refurbishment of the Old High School is in keeping
with the City Commission direction of 12/16/08 to incorporate saving the Old High School. Price point ranges from
$28M $30M, $32M, $34M) See exhibits A-D. An alternate to this model would be to fund 50% of the Old High
School leaving the balance as a public-private partnership.
2. Land swap with re-development of City Hall parcel at one offour density options. City offices and Police Offices
would relocate to Gateway and Congress. Space needed is approximately 112,100 sq. ft (City 50,500 sq. ft and
Police 61,600 sq. ft). Under this option funds are provided for replacement of Fire Station #1 in downtown area with
land ($5M). (There are four sub-options with this proposal based on 376, 316 units, 256 units or 196 units.) There is
no refurbishment of the Old HS with this option. Price point ranges from $20M $22M, $24M, $26M) See Exhibits
A-D
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
3. Purchase office space for Police operations in the office building at Gateway and Congress only. Under this option.
no refurbishment of the Old High School would occur. The purchased space for police operations would be 6 1,600
sq. ft. There would also be funding required to refurbish City Hall to install ADA improvements, fire protection
system, roof repair and general refurbishment of vacated area by the Police and Communications Departments, Fire
Station #1 would stay at current location. There would not be any work-force housing provided, The estimated cost
of this option is $21 M, See Exhibit EI.
4, Purchase office space for Police operations in the office building at Gateway and Congress only. Under this option,
funding for refurbishment of the Old High School would occur. The purchased space for police operations would be
6 I ,600 sq. ft. There would also be funding required to refurbish City Hall to install ADA improvements, fire
protection system, roof repair and general refurbishment of vacated area by the Police and Communications
Departments. Fire Station #1 would stay at current location. There would not be any work-force housing provided,
The estimated cost of this option is $29 M, See Exhibit E2.
5. Proceed with construction of 80,000 sq, ft. stand-alone new police facility on property owned by the City at Gateway
and High Ridge Rd. Price ofthe improvement per CH2MHiIl is $3 I M plus an estimated $4 M of projected
refurbishment work at City Hall (including space vacated by Police and Communication Departments) for a total cost
of$35M. No refurbishment of the Old High School would occur with this option, Fire Station #1 would remain at
current location adjacent to City Hall.
6, Do nothing option and postpone construction of Police Facility and defer action on City Hall and Old High School.
Cost $0 for now but there are pending repair work for the City Hall complex of approximately $3 M needed in the
next 3 years. This means also that the Police Department would continue to operate in a sub-standard facility.
EXPLANATION: At the December 16,2008 City Commission meeting the City staff was authorized to return to the City
Commission with a response to a proposal from Compson Associates. Excerpts of the December 16,2008 City Commission
Minutes (pages 17-18) are attached. At the meeting of December 16, 2008, Mayor Taylor advised the City Commission of
informal discussions he and the City Manager had with Compson Associates concerning possible use of existing office space
at Gateway and Congress in lieu of constructing new buildings. Compson Associates formalized their proposal in a letter
dated December 19,2008, is attached. Subsequent to the receipt of the letter a staff team comprised of the City Manager,
Police Chief (and the PD facility planning staft), Finance Director, Fire Chief and Public Works/Engineering Director was
created to analyze the proposal and determine space needs. Essentially the staff was able to develop space calculations in the
office building more efficiently than the current City Hall or in a stand alone building. The staff used data from the 200.'
Space Needs study prepared by Architects Design Group, Inc., 2008 Police Facility Space Needs Analysis prepared by
CH2MHILL and a supplemental 2009 space analysis specific to the office building for Police and City operations, also h~
CH2MHILL. In addition, staff prepared a current parking analysis of the City Hall/Police Facility. Comparatively, here is
how the studies mapped out space needs:
Current Size of Police Facility
Current Size of City Hall
2003 Study
2003 Study
Sq. Ft
18,354
47,572
Space Needs Police - In Stand-Alone
Space Needs City Hall in Stand-Alone
2008 Study
2003 Study
Sq. Ft
81,000
60,534
Space Needs in Office Building Proposal
Police Office Building
City Hall in Office Building
2009 Study
2009 Study
Sq. Ft
61,600
50,500
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Hall Functions - Daily Average 2009 Parking 161 Employees
Police Functions - Daytime Average 2009 Parking 82 Employees
243
Vehicle Count Police City Functions Total
Personal 43 39 82 Vehicles
City Car/Allowance 134 27 161 Vehicles
City Fleet Standby 30 16 46 Vehicles
Total 207 82 289 Vehicles
Based on the above, moving to an existing office building would result in operating efficiencies though shared facilities and
less space needed than a stand-alone new building.
The estimated cost of the stand-alone police facility is as follows:
Exhibit F: Basic City Planning Data (cont.)
Police Facility Data Sq. Ft
Cost
Construction Cost Per
Budget Plan
Construction Cost per
CH2MHiII Est. 10/08
City Commission Target
Cost 10/08
81 ,000
81 ,000
81,000
$26,500,000 Includes parking deck
$31,000,000 Includes parking deck
$28,000,000 Includes parking deck
The above did not include refurbishment costs of the existing City Hall Parcel as follows:
City Hall ADA, Fire Suppression, Kalwall etc.
Refurb Old PO Area
City Hall Refurbishment Estimates (with either PD only in Office or Stand-Alone PD Facility Option)
Architect & Engineer, Permitsl etc.
Furnishings
15%
Lump
Contingency
10%
Total City Hall Refurbishment
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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3,540,000
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Fire Station Improvements Needed: The next part of the analysis was to factor the cost of maintaining fire-rescue service Il1
the downtown area. It is recommended that a fire station be retained or replaced in the downtown area. This is based on the
following operational data and cost estimate: (note- we assumed land purchase and construction somewhere in the downtown
area if the City Hall parcel was being used as a mixed use development.) On the next page is an estimate of the cost for a
replacement fire station and the current call volume from the station.
Fire Station Data
The total minimum square footage necessary is 8,500
The apparatus bay is 5,200 sq. ft.
The living quarters, storage space, and mechanical rooms total 3,300 sq. ft.
This is the smallest fire station footprint currently in use, but will meet the demands of this zone.
FS#1 responded to 3,416 in calendar year 2008 (includes Rescue 5 responses).
Engine 1 and Rescue 1 responded to 2,983 alarms in 2008
Facilities will include:
Three drive through (3) apparatus bays housing one engine and one rescue vehicle.
Living facilities for nine personnel. Six personnel will be staffed 2417
Anticipated cost is $3M - $3.5M for a one or two story structure, depending on design
Fire Station #1
Land approx 2 acres @$12 sq.ft.
Construction
Architect & Engineer, Permits, etc.
Furnishings
Contingency
10%
$1,045,440
$2,250,000
$337.500
$250,000
$3,882,940
$388.294
$4.271.250
15%
Lump
Total Fire Station #1
Old High School: In addition to the above, staff estimated the cost of refurbishing the Old High School (approximately
30,000 sq. ft). Initially staff believed that the back (auditorium) part of the building was added after the structure was
constructed in 1926. However, we received a copy of a photo taken after the 1928 hurricane that clearly showed the
auditorium was part of the original structure. Eliot Kleinberg's book, "Black Cloud: The Great Florida Hurricane of 1928"
mentions that Boynton Beach residents took refuge in the building. It must have been a harrowing experience. The photo
revealed substantial damage to the building from the 1928 storm.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The estimated cost of refurbishing the Old High School is about $8 M as follows:
Old High School Refurbishment Data (no defined building use)
Old High School:
Construction - Refurbish for Unknown Public Use
Architect & Engineer, Permits, etc.
Furnishings
Contingency
50%
$4,500,000
$675,000
$100.000
$5,275,000
$2.737.500
15%
Lump
Total Old High
School
$8.050.000
The above cost estimate is very rough because there are no specific public or public/private uses known for the building. The
cost estimate also does not include any grant funds that might be possible for a historic preservation effort. The first option
listed above is the only one that generates funds to refurbish the Old High School, the stand alone Police Facility, PD office
space purchase or the do nothing options, provide no funding for the refurbishment of the Old High School. We did prepare
one PD Office Space purchase option that added $8M for refurbishment of the Old High School but that proposal merely
requires borrowing more money.
Finally, Compson Associates have provided four basic density options for their proposed use of the City Hall parcel for a
mixed-use development. The four options are summarized as follows:
Site Plan Data Per Compson for City Hall Parcel - Dated February 2009
Option #1
Units 376
# Stories 7
Max Height 85 Ft.
Retail Area 15,530 Sq. Ft
Option #2
Units 316
# Stories 6
Max Height 75 Ft.
Retail Area 15,530 Sq. Ft
Option #3
Units 256
# Stories 5
Max Height 65 Ft.
Retail Area 15,530 Sq. Ft
Option #4
Units 196
# Stories 4
Max Height 55 Ft.
Retail Area 15,530 Sq. Ft
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Staff has reviewed the four site plan options and can support Option #2 or a maximum density of 60 units/acre. Site plan
proposals stiIl must be reviewed. Staff can also support Options 3 and 4 but these options do not generate sufficient revenue
to help with the refurbishment of the Old High School
PROGRAM IMPACT:
Funding Improvements: Based on a review by the City's Financial Advisor, a bank loan is more cost-effective than issuing
bonds. This is contained in a letter dated January 16. 2009 from RBC Capital Markets.
Review and Recommendation on Options:
Option 1: New Police Offices, City Offices, New Fire Station #1, Refurbishment of the Old High School and Work-Foret'
Housing Provided Downtown. (Exhibits A, B, C and D) Comment: The model in Exhibit B -- is a viable proposal to meet
the needs of the City in five key areas:
] . Meeting space needs of the Police Department and City Hall in a cost-effective and efficient means.
2, Providing funding for refurbishment of the old High School in keeping with the recommendations of the City
Commission in December 16,2008.
3. Providing for replacement of Fire Station #1 in the downtown area.
4. Providing work-force housing and retail development in the downtown area. - 316 units - the other option of 37b
units was too dense.
5. Accomplishing all of the above at a cost competitive with the expected construction cost ofa stand-alone pollet
facility on Gateway and High Ridge.
Serious consideration of this option (with 316 units) is urged. The estimated cost is $30 M. First choice as it meets the target
needs of the City and provides a vehicle for refurbishment of the Old High School. As noted in the synopsis, if the City
Commission opts to fund 50%ofthe estimated cost of refurbishing the Old High School thereby requiring a public-private
partnership for the redevelopment, the cost ofthis option goes down to approximately $26 M
Option 2: New Police Offices, City Offices, New Fire Station #1 and Work-Force Housing Provided Downtown. (Exhibits B.
C and D - shown as Alts 1 A, 2A and 3A). Comment: If the City Commission opts not to proceed with the refurbishment of
the Old High School, the cost of this option is $8 M less than Option #1 and meets four of five objectives. This option would
have the secondary benefit of allowing the 5.8586 acre property on High Ridge not be sold or used for a swap for later to
assist relocation of the Public Works Facility out of the Heart of Boynton. Second choice
Option 3: New Police Office space purchased in office building with refurbishment of existing City HaIlIPD facility - No
refurbishment of Old High School (Exhibit E 1) Comment: The option to do the purchase of office space without
refurbishment of the Old High School would cost approximately $21 M inclusive of refurbishment costs for the current City
Hall. This compares favorably to the stand-alone new Police facility. Third choice (As noted in the commentary, staff also
put together an option (Exhibit E-2) or Option 4 to purchase office space for the Police Department and fund the
refurbishment ofthe Old High School. This adds $8M to the price of the option and is not recommended.)
Option 5: New Police Facility Constructed provided with refurbishment of existing City Hall/PD facility. - No refurbishment
of Old High School. Comment: The overaIl cost of this option inclusive of renovation of the current City HaIl ranges from
$32 M based on Police Facility cost of$28M or $36M based on the architects estimate of$31 M. (This assumes a current
City Hall refurbishment cost of about $5.2 M.) Fourth choice
Option 6: Continued operations of City services in inadequate facilities, - No refurbishment of Old High School. Comment:
Not recommended.
S:\BLJLLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: - See Exhibits A, B, C, D, E I and E2.
AL TERNA TIVES: See above
~
Department Head's Signature
~
City Manager's Signature
Assistant to City Manager ~
-
Department Name
City Attorney / Finance
Exhibits to Report:
Excerpt of City Commission Minutes December 16, 2008
Aerial Photo of Town Square Area
<> Letter from RBC Capital Markets, January 16, 2009 summarizing bank vs. bond financing
Letter dated December 19, 2008 from Compson Associates, Inc with relocation proposal
Exhibit A: Cost Analysis ofCompson Proposal #1 w/376 Units on Campus
Exhibit B: Cost Analysis of Compson Proposal #2 w/316 Units on Campus
Exhibit C: Cost Analysis of Compson Proposal #3 w/256 Units on Campus
Exhibit D: Cost Analysis ofCompson Proposal #4 w/196 Units on Campus
ExhibitE1: Cost Analysis of Police Only Office Space Purchase - No refurbishment of Old High School
Exhibit E2: Cost Analysis of Police Only Office Space Purchase - With refurbishment of Old High School
Exhibit F: Density/Price Calculations City Hall Parcel based on various density options
Exhibit G: Basic Planning Data
Exhibits HI, H2, H3: Debt Amortization Schedules - all options
Photos of Old Boynton High School:
a. 1928 After Hurricane
b. Undated Front View of Boynton High School
Draft Site Plan - City Hall Site Dated 211/09 Compson Associates, Inc.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Meeting Minutes
Regular City Commission
Boynton Beach, FL
December 16, 2008
IX.A. Consider options on disposal of the 1927 Old High School - (Tabled on
December 2, 2008)
(This item was moved on the agenda by previous motion.)
Mr. Bressner and the City Attorney had prepared a report and reviewed the 13 disposal or use
options for the Old High School. The procedure for conveyance of the property was established
in the Code. Sale of the property would require a 4{Sth vote. Leasing was also a possibility.
The ultimate fate of the Old High School remains the issue. If a private developer is the choice,
the strategies necessary to facilitate any development will be required whether the final use is a
private or public benefit. The price of refurbishment increases annually. The dollars spent for
similar projects in the area have had more of an emphasis on expending public funds rather
than private funds. The City does not have the resources to refurbish the building at this time.
Mr. Bressner suggested an option may be to have a referendum vote from the public on a
general obligation bond issue. The cost for an election was discussed.
Mayor Taylor revealed he had discussions with a developer and Mr. Bressner about a lucrative
offer for a new City Hall and trading properties. The site of the Old High School could possibly
be involved. He suggested a delay on a decision until February, so the proposal could be
further explored.
Vice Mayor Rodriguez recalled the Commission had decided to postpone going out for a Request
for Proposals on any downtown master plan development. Mayor Taylor contended it was an
option that should at least be considered. Commissioner Hay agreed with the Mayor's
suggestion. Vice Mayor Rodriguez also agreed, but requested if discussions broke down, the
Old High School decision be brought before the Commission as soon as possible.
Brian Edwards, 629 NE 9th Avenue, alleged the delay was a diversion on making a decision.
The area buildings that have been restored are incredible and draw crowds. The discussion
should be on how to make the Old High School a thriving attraction. A new development
surrounding the Children's Museum would be inappropriate. Refurbishment of the Old High
School would compliment the Museum. A creative solution for funding the restoration should
be discussed rather than building a metropolis around a tiny Museum. Mr. Edwards stressed a
definitive decision needed to be made on the fate of the Old High School.
Commissioner Hay wanted it known that he favored saving the Old High School. He viewed the
delay as lengthening the life of the building. He pointed out funds can be derived from
memberships, fundraising, sponsorships, state and county grants, endowment income, rental
income, ticket income and other sources. Any discussions with a developer should be an
attempt to initiate a feasible plan for developing funding sources.
Motion
Vice Mayor Rodriguez moved that discussions of the Mayor and City Manager be focused on the
intention of saving the Old High School and be a primary discussion point around any land swap
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
December 161 2008
deal or redevelopment effort. Commissioner Hay seconded the motion. The motion passed 4.
1. (Mayor Taylor dissenting.)
Mayor Taylor maintained that the Old High School was not worth saving for $8 million and a
catalyst for the City could be built at the site for much less. Taxpayers are still subsidiZing
restoration projects in other cities and they remain a drain on those communities. The Old High
School building is totally deteriorated inside and would have to be completely rebuilt Inside with
only the outside shell remaining.
Vice Mayor Rodriguez reiterated the intent of his motion was to use the Old High SChool as an
incentive in return for the new project and incorporate the Old High School into any
development decisions being made.
Mayor Taylor stressed the discussion thus far involved the site of the current City Hall only. He
had suggested offering more land to make the deal even better. However, he would not
include the Old High School site based on the decision of the Commission.
Commissioner Weiland had supported saving the Old High School, but did not feel it would
come to fruition. He agreed with letting the voters decide on a referendum issue.
Herb Suss1 1711 Woodfem Drive, echoed Mr. Edward's remarks. A referendum vote would
allow the citizens to have a voice in the decision. If an alternative can be found in the interim,
the Old High School would have had two options for survival.
D. Resolutions:
None
E. Other:
None
XIU. UNFINISHED BUSINESS:
A. Remove the contingency of receIVIng a match to the City's Neighborhood
Stabilization Program (NSP) funds within six months for the Ocean Breeze West
project.
Mayor Taylor reported he had a met with Lisa Bright, Community Redevelopment Executive
Director and Addie Green, County Commissioner, stressing the need for the matching funds to
commence the Ocean Breeze West project for construction of 38 single family homes. Ms.
Green was very positive, but could make no guarantees. Vice Mayor Rodriguez was
encouraged, but felt a time limit of eighteen months should be induded.
(Commissioner Weiland left the dais.)
18
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Town Square Area -- 18.5 Acres
N
Although every reasonable effort has been made
to ensure the accuracy of the public information,
data and graphic representations, the city of
Boynton Beach cannot be responsible for
E consequences resulting from any omissions or
errors contained herein. The City of Boynton
Beach assumes no liability whatsoever associated
with the use or misuse of this data.
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1 00 SECOND A VENUE SOUTH, SUITE 800
ST. PETERSBURG, FLORIDA 33701-4386
(727) 895-8880 (800) 800-0061
FAX: (727) 895-8895
MEMORANDUM
TO:
BARRY ATWOOD, DIRECTOR OF FINANCE
FROM:
JULIE SANTAMARIA
RE:
UPDATE ON FINANCING MARKET
DATE:
JANUARY 16,2009
As Financial Advisor to the City of Boynton Beach, we have been requested to provide an update on the
current market conditions for municipal bonds and the outlook for a future City financing.
The tax-exempt bond market continues to be very volatile and changes on a daily basis. Currently, a bank loan
would be the most cost-effective structure for a City financing in the $30 million range. Following are the
estimated costs for the three scenarios requested based on current market conditions:
] . 20 year bonds - all-inclusive cost of 6.00%
. Annual debt service for a $25 million borrowing: $2.0 million
. Annual debt service for a $30 million borrowing: $2.5 million
2. 20 year bank loan - all inclusive cost of 5.10%
. Annual debt service for a $25 million borrowing: $1.9 million
. Annual debt service for a $30 million borrowing: $2.3 million
3. 15 year bank loan - all-inclusive cost of 4.15%
. Annual debt service for a $25 million borrowing: $2.2 million
. Annual debt service for a $30 million borrowing: $2.6 million
Based on the current market and economic crisis, it is difficult to know where interest rates will be in September
2009, so it is most conservative to assume that they will be higher. Given this unknown, estimating $2.5 million in
debt service for a $25 million borrowing and $2.8 million in debt service for a $30 million borrowing should be
sufficient for all of these scenarios.
In absence of the ability to issue a general obligation bond, which requires approval by voter referendum, the
strongest credit that the City can pledge as security for the borrowing will most likely be a covenant to budget and
appropriate from legally available non-ad valorem revenues (often abbreviated as a CBA). Should the City wish to
minimize the debt service in fiscal year 2010, the City has the flexibility to borrow for that interest payment in the
financing (capitalize interest), or defer the first principal payment and pay interest only in 2010. An interest only
payment would be in the $1.5 - $1.8 million range for all of these scenarios. Capitalized interest is a more
expensive option as the City is essentially paying interest on interest.
Bank loans are currently the most cost effective financing as banks' costs of funds are tied to the Federal Funds
Rate and Discount Rate, which have decreased over the past several months. As a result, an anomaly has occurred
in the bond market where bank loans are more cost-effective than publicly offered bond issues. This would be a
similar structure that we utilized for the City's 20 year utility financing in February 2008.
Thank you for the opportlmity to provide this analysis. Please contact me if you have any questions or need any
additional infonnation.
December 19,2008
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Re: Relocation Proposal for City of Boynton Beach Town Hall and the Boynton Beach Police
Department
Dear Mr. Bressner,
Thank you for meeting with us preliminarily regarding the above captioned proposal. We would like to
fonnally request that the City Comm.ission consider the relocation of the Boynton Beach Police Dep8I1ment
to Renaissance Commons in lieu of the construction of a new free standing Police Department location.
We would also request the City Commission to consider relocating City HalJ to Renaissance Commons and
allow us to redevelop the existing City Hall site into a mixed~use project.
As you are aware, the physical plant of the City Hall and the Police Department facility is currently
undersized, operationally obsolete, economicaUy inefficient, and most importantly, not capable of sustaining
hurricane force winds. Accordingly, City Hall is not only inadequate due to its lack of energy efficiency, its
size or its configuration; it is potentially a serious problem in the event a named hunicane hits Palm Beach
County. The disruption to City business and the Police Department that would result if City Hall was
severely damaged or destroyed could result in a significant loss of income to the City and possible
operational chaos for the City and the Police Department. While the City bas plans for sucb an emergency,
we would like to offer the City a long term solution for City Hall and the Police Department that makes
great economic sense even in these difficult economic times.
MIXED USE, MUL"l'l.RESIDENTIAL, RETAIL AND
FLORIDA OFF1CF.: MAIlYLAND OFFICI':
1500 GATEWAV 1I0ULIlVARD, SUITE 200 m SEVERN AVENUE, BUILDING 14. 5Ull'E 101
IIOYNTON BI'.ACII. FLORIDA 33426 ANNAI'OUS. MD 21403
561.24(6650 FAX 561.2<<,6654 41o.2G7.~m FAX 410,267,9198
OFFICE PROPERTIES
NEW YORK OFFICF;
2465 RIDGE RO^D WEST
ROCHE.mR. NEW YORK 14626
S~5.m.O<M0 FAX 585.m.9S45
WW\'I',compson cOIn
R.eloeatioD 0' the Polke Deoartaeat fvllitY-
We would like to propose the following alternative to the City for the relocation of the Police Department
Facility to Renaissance Commons. Based upon the previous budget estimates of approximately Thirty
Million Dollars ($30,000,000.00) for the construction of a free standing facility for the Police Department,
Compson believes we can provide a new, state of tile art facility for the Police Department at approyimAtely
500" less than the proposed cost of that new facility. This will result in a several million dollar savings to
the City of Boynton Beacb. Furtbennore and very importantly, because of the flexibility of design in our
office building. the City can purchase only the space that is needed for the Police Department's existing
needs. Room for expansion is available in the same building should the long tenn space requimnents for
the Police Department increase in the future. This will allow the City to putCbase only what is needed and
not have to expend additional funds for future space requirements that may Of may not be needed in the
future.
B.eIoc:atioa of Qtv IIaIJ.
We are also requesting that the City Commission considers relocating City Hall to Renaissance Commons
and allow Compson to acquire the existing City Hall site to build work-force housing in the downtown. The
relocation of City Hall to Renaissance Commons win solve the City's space requirements, provide the City
with a "state of the art" command center as a "safe" refuge throughout any ~ of storm, and povide room
for the expansion of City Hall in the future; all at a cost that is a :fraction of what a new City Hall facility
would cost.
We believe the City of Boynton Beach can acquire, fit-up, and occupy approximately 100,000 square feet of
new office space which will accommodate both a new City Hall and a new Police Department F8cility for
Four or Five Million Dollars ($4.000,000.00) or ($5,000.000.00) leu "U the CUrTalt estimate bebag
considered by the C.....illion for the Dew free .....eliDg fadlity for tile Pollee Departaeat ONLY.
Not only will Compson provide the office space for substantially less money than the cost of a new facility,
we can provide it as quickly or as slowly as it is oceded. Due to the flexibility of design in our office
buildin& the City would not be required to provide additional funds for future exprmsion of either facility
since additional office space of up to 68.000 square feet is available in the same building for future
expansion.
Work-Force HoDiDI! Oooortuaitv..
The relocation of City Hall and the Police Department creates a unique opportunity for the City of Boynton
Beach to provide work-force housing for its community. The public often debates the necessity for work-
force housing. but unfortunately work.force housing is difficult to achieve. As you are aware, many City
employees cannot afford to live in the City of Boynton Beach due to high cost of living in Palm Beach
County. With the eRA's assistance. we believe our proposal can help solve the work-force housing
shortage that exists in the City of Boynton Beach. Our concept is to design and build two (2) buildings of
2
approximately 200 units each served by a garage facility oonstnlcted between the buildings. This concept is
similar to the design that was used to successfully develop Villa Lago Condominiums at Reoaissana
Commons. This property configuration creates a great community atmosphere, is operationally convenient
and efficient, is well received by its occupants, and is a great design concept for the existing City Hall site
that is rectilinear in shape.
Work-force housing is important to the growth and stabilization of the entire City of Boynton Beach aDd
specifically to the 4'downtown redevelopment" initiative that the eRA bas been wor:king on for years. The
City of Boynton Beach has the opportunity to emerge as a leader in the political field by actively pursuing a
solution to work-force housing instead of simply tAlking about it like many other municipalities. A mixed-
use project of this size and caliber at the existing City Hall site would also be a great benefit to helping the
eRA achieve their redevelopment goals and objectives for downtown Boynton Beach. We look forward to
using our mixed-use development experience to help design a project for downtown that will serve the
entire community by providing retail use on the first floor of the building and work-force housing above it.
Compson Associates is prepared to own, operate, and manage the four hundred (400) one (I) bedroom and
two (2) bedroom work-force housing apartments. Compson has built, delivered, and managed over 10,000
condominiums and rental apartment properties over its 60 years in business. We are confident that we can
provide g~ well designed, affordable housing that will assist the work-force residents of the City of
Boynton Beach. Compson will also commit to providing a Leeds certified "greewa b1lilcliag" for the mixed-
use work-force housing development and believes that "pine green" can be successfully accomplished as
part of the over-all plan with the cooperation of the City of Boynton Beach and 1he eRA.
Net Cost of. New Cltv BaD...Zero
Should the City Commission decide to pursue a mixed-use work-force housing development at the existing
City Hall site. Compson Associates is prepared to execute a Contract to Purebase the existing City Hall
property for the acquisition price of Fourteen Million Dollars ($14,000,000.00). Closing would be subject
to receipt of approval and issuance of permits to build 400 units of work-force housing at the current City
Hall location. The purchase price for the land is based upon a price of Thirty-Five Thousand Dollars
($35,000.00) per unit for the land and we estimate delivery of the project could occur within twenty-four
(24) months of closing on the property.
The Fourteen Million Dollar ($14,000,000.00) acquisition price paid to the City for the site can be used to
offset the cost of acquisition of office space for a new City Hall. Compson is prepared to execute a building
sales contract for acquisition of unfinished sheD office space at Renaissaace Commons at a price of Two
Hundred Dollars ($200,000.00) per square foot. Based upon our most recent cost of tenant fit-up, an
additional expense of approximately Forty Dollars ($40.00) per square feet would be required to fit-()ut the
space for the Cityts use. AccordinglYt we estimate the total cost of finished office space at Rmaissance
Commons will be approximately Two Hundred Forty Dollars ($240.00) per square foot. This price will
include the free use of one and one-half (1.5) assigned parting spaces in the garage for each 1,000 square
feet of office space acquired.
3
Based upon the Fourteen Million Dollars ($14,000,000.00) acquisition price for the existing City Hall
property and based upon a Two Hundred Forty Dollars ($240.00) per square foot cost for completed office
space at Renaissance Commons, the City could acquire and build-out almost 60,000 square feet of office
space for a new City Hall for nearly DO 08t-of- poeket upellle to dae City. The.. coat for a Dew City
HaD wotdcl be ZERO. Furthermore, should additional square footage be required to accommodate City
Hall's expansion in the future, we have an additional 68.000 square feet of office space available for future
expansion. if and when it is needed.
Locatio. of City HaD ..dlor PoBce Deaartllleat FadUtv at R.en_..,ee Ca.mo....
As shown on the attached site plan, the entire East BuildiDg at Renaissance Commons can be identified as
City Hall and/or the Police Department Facility. Signage can be provided at the top of tile building along
Gateway Boulevard as well as on the first floor of the building together with a dedicated monument sign and
flag poles to clearly identify the entire building as City Hall and/or the Police Department Facility.
Approximately 12,000 square feet of the first (1 ~ floor of the East Building will easily accommodate the
City Commission Chambers, a multi-purpose use meeting facility. and provide a City Hall Service Center
for payment of real estate taxes, water bills, etc. The design and layout of the 1- floor can also incorporate a
separate and secure en1ral1ce for the Police .Department Facility for "walk-in" service together with an
impound area in the garage for Police Department use only. The remaiodct' of die new City Hall and Police
Department Facility would occupy the second (2~ and/or third (3rd) Roor of the Bast Building. As
previously mentioned, we will provide 1.5 cars of reserved garage parking for each 1,000 square feet of
office space purchased by the City for the City's exclusive use from 8:00 am to 5:00 pm daUy at no
additional cost or expense. An additiooal 1,000 cars of parking is available for the City's llOD-eXclusive use
jn the surface parking lots and garages throughout the development so parking for visitors will be easily
accommodated.
F....re EI.....ioD-
As you are aware, Compson Associates operates two (2) floors of self storage in the Bast Building on the
fourth and fifth floors of the building. These two (2) floors of the building will be desigJU'ted for future
expansion for City Hall and/or the Police Department Facility for up to an additional 68,000 square feet of
office space if it is needed in the future. Compson is prepared to relocate these storage f8cilities to another
location in Renaissance Commons should the City require additional office space in the future. this allows
the City to purchase only the amount of space they currently require, confident in knowing that future
expansion is always available. Not having to build and carry "future expansion space" in a new facility is a
significant advantage of relocating to RenaiSAmCe COrnmoDS for both the Polioe Depanment Facility as well
as City Hall. Compson will provide the City with an option to acquire additional unfinished office space at
the same acquisition price of Two Hundred Dollars ($200.00) per square foot as originally offered with the
sales price being adjusted only for the cost of inflation.
4
Coact_ion-
We believe this concept is a winlwin scenario for all parties concemed and look forward to meeting with
each of the Commissioners tD discuss our proposal in detail. It is a unique opportunity for the City tD
relocate City Hall to a new location at a Dearly no out-of-pocket expeue while simultaneously ereatiag
work-force housing in the Boynton Beach downtown redeveloplDent dlstrid. In addition, the relocation
of the Police Department to Renaissance Commons will save the City of Boynton Beach millions of dollars
based upon the current estil11~tes the City bas received for the cons1ruction of a new free standing Police
Department .Facility.
I would be pleased to provide each of the Commissioners with a peISOnal tour of the East Building to show
them first hand how the relocation of City Hall and a new Police Department Facility can operate effieiently
in the East Building at Renai~!sanee Commons.
We look forward to meeting with each of the Commissioners at their convenience to explain our proposal in
more detail and to answer any question they may have.
Thank you for your consideration in this matter.
Cc: Mayor Jerry Taylor
Vice-Mayor Jose Rodriguez
Commi~ioner Ronald Weiland
Commissioner Woodrow Hay
Commissioner Marlene Ross
5
.
CITY OF BOYNTON BEACH
CITY HALL - POLICE DEPARTME' 'ELOCA TION COST ANALYSIS
POTENTIAL PURCHASE & MO\!. J RENAISSANCE COMMONS
EXHIBIT A
Compson Proposal #1 w/376 Units on Campus
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Building Space Allocation of Tenant Space City
fl22!: location Sa.Ft. Private ~ City Hall ~
4.5 Center 26,000
4 North 22,000
South 22,000
3 North 22,000
South 22,000
2 North 22,000 (A)
South 22,000 (B)
1 South 14,000
Total Sq. Ft. 172,000 59,900 61,600 50,500 112,100
Cost Per Sq. Ft Including Fit Out NIA $ 240 $ 240 $ 240
$ 14,784,000 $ 12,120,000 $ 26,904,000
Less Fit Out Not Required:
(A) $ 40 5,000 $ - $ (200,000) $ (200,000)
(B) $ 40 22,000 $ - $ (880,000) $ (880,000)
$ 14,784,000 $ 11,040,000 $ 25,824,000
Generator Lump Sum $ 300,000 $ 300,000 $ 600,000
Architect 2% $ 295,680 $ 220,800 $ 516,480
Fumishings Lump Sum $ 1,500,000 $ 1 ,000,000 $ 2,500,000
$ 16,879,680 $ 12,560,800 $ 29,440,480
Contingency 10% $ 1,687,968 $ 1,256,080 $ 2,944,048
Totals Renaissance Commons $ 18,567,648 $ 13,816,880 $ 32,384,528
less Excess of Sources Over Uses of Old High School & City Hall Site $ (4,076,250)
Potential Net Amount of Debt Issuance $ 28,308,278
Assume $28 million bank borrowing with security being a covenant to budget and
appropriate from legally available non-advalorem tax revenues.
20 Year@5.10% 15 Yearllll 4.15%
Annual debt service on bank loan $2 265 882 $2 544 836
Debt service (Interest onty . first year) $1 428000 $1 162000
Potential Net Amount of ($20 M) Debt $ 20,245,778
Issuance WIthout Old HS Bulldout:
20 Year @5.10% 15 Year IlII 4.15%
Annual debt service on bank loan $1618487 $1 817 740
Debt service (Interest only - first year) $1 020000 ~
Parking
~ City Hall ~
Total Sq. Ft. acquired 61,600 50,500 112,100
Parking = 1.5 Assigned Spaces in the garage
for each 1,000 square feet of office space 92.4 75.8 168.2
acquired.
C:IDocuments and SellingslbressnerklMy DocumentslCltyHallPDProjectl I Renaissance Commons.S optionsBW I A.Compson Proposa' (1)376 Units
POTENTIAL SALE OF CITY HAll SITE AND RESTORATION OF OLD HIGH SCHOOL
Source of Funds
City Property Sale I Exchange:
City Hall ParcellStreeUParking @ 376 units or 66 dulacre $ 13,160,000
High Ridge Parcel 5.8586 Acres @ $12 per sq. ft. $ 3,250,000
Historic Preservation Grant $ -
Total Funding Sources $ 16,410,000
Use of Funds
Fire Station #1
Land approx 2 acres@$12 sq.ft. $ 1,045,440
Construction $ 2,250,000
Architect & Engineer, Permits, etc. 15% $ 337,500
Fumishings Lump $ 250,000
$ 3,882,940
Contingency 10% $ 388,310
Total Fire Station #1 $ 4,271,250
Old High School:
Construction - Refurbish for Unknown Public Use $ 4,500,000
Architect & Engineer, Permits, etc. 15% $ 675,000
Fumishings Lump $ 200,000
$ 5,375,000
Contingency 50% $ 2,687,500
Total Old High School $ 8,062,500
Total Use of Funds $ 12,333,750
Excess of Sources Over Uses $ 4,076,250
Above contingent on:
High Ridge Parcel 5.8586 Acres @ Approx. $12 per Sq Ft $ 3,250,000
Historic Preservation Grant $ -
$ 3,250,000
Option assumes funds from sale of City Hall site may be available for refurbishment of
Old High School for an unspecified public purpose or a publiclprivate partnership. No
grant funds for historic preservation shown in this model. If funds become available,
the cost of the program goes down.
Option also assumes Fire Station would be on land outside current City Hall or old HS
Campus. Some cost savings possible if part of Old HS used for Fire Station uses.
<>
2/1112009
EXHIBIT B
.
CITY OF BOYNTON BEACH
CITY HALL - POLICE DEPARTME' 'ELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOV,- ..> RENAISSANCE COMMONS
Recommended Option
Compson Proposal #2 w/316 Units on Campus
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Buildino Space Allocation of Tenant Space City
flwu: Location So,Ft. Private ~ City Hall :rmm
4.5 Center 26,000
4 North 22,000
South 22,000
3 North 22,000
South 22,000
2 North 22,000 (A)
South 22,000 (B)
1 South 14,000
Total Sq. Ft. 172,000 59,900 61,600 50,500 112,100
Cost Per Sq. Ft Including Fit Out N/A $ 240 $ 240 $ 240
$ 14,784,000 $ 12,120.000 $ 26,904,000
Less Fit Out Not Required:
(A) $ 40 5,000 $ - $ (200,000) $ (200,000)
(B) $ 40 22,000 $ - $ (880,000) $ (880,000)
$ 14,784,000 $ 11,040,000 $ 25,824,000
Generator Lump Sum $ 300,000 $ 300,000 $ 600,000
Architect 2% $ 295,680 $ 220,800 $ 516,480
Fumishings Lump Sum $ 1,500,000 $ 1,000,000 $ 2,500,000
$ 16,879,680 $ 12,560,800 $ 29,440,480
Contingency 10% $ 1,687,968 $ 1,256,080 $ 2,944,048
Totals Renaissance Commons $ 18,567,648 $ 13,816,880 $ 32,384,528
Less Excess of Sources OVer Uses of Old High School & City Hall Site $ (1,976,250)
Potential Net Amount of Debt Issuance $ 30,408,278
Assume $31 million bank borrowing with security being a covenant to budget and
appropriate from legally available non-advalorem tax revenues.
20 Year @ 5.10% 15Year@4.15%
Annual debt service on bank loan $2 508 655 $2817497
Debt service (Interest only - first year) $1 581 000 $1 286 500
Potential Net Amount of ($23 M) Debt $ 22,345,778
Issuance WIthout Old HS Bulldout:
20 Year @ 5.10% 15 Year @ 4.15%
Annual debt service on bank loan $1 861 260 $2 090 401
Debt service (Interest only - first year) $1173000 ~
Parking
~ City Hall I2til!l
Total Sq. Ft. acquired 61,600 50,500 112,100
Parking = 1.5 Assigned Spaces in the garage
for each 1,000 square feet of office space 92.4 75.8 168.2
acquired.
C:\Documents and Settingslbressner1<lMy DocumentsICilyHallPDProjectl \ Renaissance Commons-5 optionsBW\ B-Compson Proposal (2)316 Unrts
POTENTIAL SALE OF CITY HALL SITE AND RESTORATION OF OLD HIGH SCHOOL
Source of Funds
City Property Sale I Exchange:
City Hall ParcellStreeVParking @ 316 units or 56 du/acre $ 11,060,000
High Ridge Parcel 5.8586 Acres @ $12 per sq. fl. $ 3,250,000
Historic Preservation Grant $ -
Total Funding Sources $ 14,310,000
Use of Funds
Fire Station #1
Land approx 2 acres @$12 sq. ft $ 1,045,440
Construction $ 2,250,000
Architect & Engineer, Permits, etc. 15% $ 337,500
Furnishings Lump $ 250,000
$ 3,882,940
Contingency 10% $ 388,310
Total Fire Station #1 $ 4,271,250
Oid High School:
Construction - Refurbish for Unknown Public Use $ 4,500,000
Architect & Engineer, Permits, etc. 15% $ 675,000
Fumishings Lump $ 200,000
$ 5,375,000
Contingency 50% $ 2,687,500
Total Old High School $ 8,062,500
Total Use of Funds $ 12,333,750
Excess of Sources Over Uses $ 1,976,250
Above contingent on:
High Ridge Parcel 5.8586 Acres @Approx. $12 per Sq Ft $ 3,250,000
Historic Preservation Grant $ -
$ 3,250,000
Option assumes funds from sale of City Hall site may be available for refurbishment of
Old High School for an unspecified public purpose or a public/private partnership. No
grant funds for historic preservation shown in this model. If funds become available, the
cost of the program goes down.
Option also assumes Fire Station would be on land outside current City Hall or old HS
Campus. Some cost savings possible if part of Old HS used for Fire Station uses.
<>
2/1112009
.
CITY OF BO IN BEACH
CITY HALL - POLICE DEPARTMENT RELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
~XHIBIT C
Compson Proposal #3 w/256 Units on Campus
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Building Space Allocation of Tenant Space City
~ Location Sa.Ft. Private ~ City Hall Totals
4,5 Center 26,000
4 North 22,000
South 22,000
3 North 22,000
South 22,000
2 North 22,000 (A)
South 22,000 (B)
1 South 14,000
Total Sq. Ft. 172,000 59,900 61,600 50,500 112,100
Cost Per Sq. Ft Including Fit Out N/A $ 240 $ 240 $ 240
$ 14,784,000 $ 12,120,000 $ 26,904,000
Less Fit Out Not Required:
(A) $ 40 5,000 $ - $ (200,000) $ (200,000)
(B) $ 40 22,000 $ - $ (880,000) $ (880,000)
$ 14,784,000 $ 11,040,000 $ 25.824.000
Generator Lump Sum $ 300,000 $ 300,000 $ 600,000
Architect 2% $ 295,680 $ 220,800 $ 516,480
Fumishings Lump Sum $ 1,500,000 $ 1,000,000 $ 2,500,000
$ 16,879,680 $ 12,560,800 $ 29,440,480
Contingency 10% $ 1,687,968 $ 1,256,080 $ 2,944,048
Totals Renaissance Commons $ 18,567,648 $ 13,816,880 $ 32,384,528
Add Deficit of Sources Over Uses of Old High School & City Hall Site $ 123,750
Potential Net Amount of Debt Issuance $ 32,508,278
Assume $33 million bank borrowing with security being a covenant to budget and
appropriate from legally available non-advalorem tax revenues.
20 Year tii! 5.10% 15 Year tii! 4.15%
Annual debt service on bank loan $2 670 504 $2999271
Debt service (Interest only - first year) $1 683000 $1 369500
Potential Net Amount of ($25 M) Debt $ 24,445,778
Issuance Without Old HS Bulldout:
20 Year ((I! 5.10% 15 Year ((I! 4.15%
Annual debt service on bank loan $2023 109 $2 272 175
Debt service (Interest only - first year) $1 275000 $1 037 500
Parking
~ City Hall ~
Total Sq. Ft. acquired 61,600 50,500 112,100
Parking = 1.5 Assigned Spaces in the garage for
each 1,000 square feet of office space acquired. 92.4 75.8 168.2
<>
POTENTIAL SALE OF CITY HALL SITE AND RESTORATION OF OLD HIGH SCHOOL
Source of Funds
City Property Sale / Exchange:
City Hall Parcel/Street/Parking @ 256 units or 45 du/acre $ 8,960,000
High Ridge Parcel 5.8586 Acres @ $12 per sq. fl. $ 3,250,000
Historic Preservation Grant $ -
Total Funding Sources $ 12,210,000
Use of Funds
Fire Station #1
Land approx 2 acres@$12sq.fl. $ 1,045,440
Construction $ 2,250,000
Architect & Engineer, Permits, etc. 15% $ 337,500
Fumishings Lump $ 250,000
$ 3,882,940
Contingency 10% $ 388,310
Total Fire Station #1 $ 4,271,250
Old High School:
Construction - Refurbish for Unknown Public Use $ 4,500,000
Architect & Engineer, Permits, etc. 15% $ 675,000
Furnishings Lump $ 200,000
$ 5,375,000
Contingency 50% $ 2,687,500
Total Old High School $ 8,062,500
Total Use of Funds $ 12,333,750
Excess (Deficit) of Sources Over Uses $ (123,750)
Above contingent on:
High Ridge Parcel 5.8586 Acres @ Approx. $12 per Sq Ft $ 3,250,000
Histonc Preservation Grant $ -
$ 3,250,000
Option assumes funds from sale of City Hall site may be available for refurbishment of
Old High School for an unspecified public purpose or a public/private partnership. No
grant funds for historic preservation shown in this model. If funds become available,
the cost of the program goes down.
Option also assumes Fire Station would be on land outside current City Hall or old HS
Campus. Some cost savings possible if part of Old HS used for Fire Station uses.
C:IDocuments and SetlingslbressnerklMy DocumentslCityHallPDProjectl I Renaissance Commons-5 optionsBW I C-Compson Proposal (3)256 Units
2/11/2009
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CITY OF BO )N BEACH
CITY HALL - POLICE DEPARTMENT RELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Compson Proposal #4 w/196 Units on Campus
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Building Space Allocation of Tenant Space City
f!Q2r Location Sa. Fl Private ~ City Hall :Mm
4.5 Center 26,000
4 North 22,000
South 22,000
3 North 22,000
South 22,000
2 North 22,000 (A)
South 22,000 (B)
1 South 14,000
Total Sq. Ft. 172,000 59,900 61,600 50,500 112,100
Cost Per Sq. Ft Including Fit Out N/A $ 240 $ 240 $ 240
$ 14,784,000 $ 12,120,000 $ 26,904,000
Less Fit Out Not Required:
(A) $ 40 5,000 $ - $ (200,000) $ (200,000)
(B) $ 40 22,000 $ - $ (880,000) $ (880,000)
$ 14,784,000 $ 11,040,000 $ 25,824,000
Generator Lump Sum $ 300,000 $ 300,000 $ 600,000
Architect 2% $ 295,680 $ 220,800 $ 516,480
Fumishings Lump Sum $ 1,500,000 $ 1,000,000 $ 2,500,000
$ 16,879,680 $ 12,560,800 $ 29,440,480
Contingency 10% $ 1,687,968 $ 1,256,080 $ 2,944,048
Totals Renaissance Commons $ 18,567,648 $ 13,816,880 $ 32,384,528
Add Deficit of Sources Over Uses of Old High School & City Hall Site $ 2,223,750
Potential Net Amount of Debt Issuance $ 34,608,278
Assume $35 million bank borrowing with security being a covenant to budget and
appropriate from legally available non-advalorem tax revenues.
20 Year @ 5.10% 15Year@4.15%
Annual debt service on bank loan $2 832 353 $3181 045
Debt service (Interest only - first year) $1 785 000 $1 452 500
Potential Net Amount of ($27 M) Debt $ 26,545,778
Issuance Without Old HS Bulldout:
20Year@5.10% 15Year@4.15%
Annual debt service on bank loan $2164 956 $2 453 949
Debt service (Interest only - first year) $1 377 000 $1 120500
Parking
~ City Hall Totals
Total Sq. Ft. acquired 61,600 50,500 112,100
Parking = 1.5 Assigned Spaces in the garage
for each 1,000 square feet of office space 92.4 75.8 168.2
acquired.
POTENTIAL SALE OF CITY HALL SITE AND RESTORATION OF OLD HIGH SCHOOL
Source of Funds
City Property Sale / Exchange:
City Hall Parcel/Street/Parking @ 196 units or 35 du/acre
High Ridge Parcel 5.8586 Acres @ $12 per sq. ft.
Historic Preservation Grant
Total Funding Sources
UBITD
$ 6,860,000
$ 3,250,000
$ -
$10,110,000
Use of Funds
Fire Station #1
Land approx 2 acres @$12 sq.ft. $ 1,045,440
Construction $ 2,250,000
Architect & Engineer, Permits, etc. 15% $ 337,500
Furnishings Lump $ 250,000
$ 3,882,940
Contingency 10% $ 388,310
Total Fire Station #1 $ 4,271,250
Old High School:
Construction - Refurbish for Unknown Public Use $ 4,500,000
Architect & Engineer, Permits, etc. 15% $ 675,000
Fumishings Lump $ 200,000
$ 5,375,000
Contingency 50% $ 2,667,500
Total Old High School $ 8,062,500
Total Use of Funds $ 12,333,750
<> Excess (Deficit) of Sources Over Uses $ (2,223,750)
Above contingent on:
High Ridge Parcel 5.8586 Acres @Approx. $12 per Sq Ft
Historic Preservation Grant
Option assumes funds from sale of City Hall site may be available for
refurbishment of Old High School for an unspecified public purpose or a
public/private partnership. No grant funds for historic preservation shown in this
model. If funds become available, the cost of the program goes down.
Option also assumes Fire Station would be on land outside current City Hall or old
HS Campus. Some cost savings possible if part of Old HS used for Fire Station
uses.
C:\Documents and Settings\bressnerk\My Documents\CityHaIlPDProject\ \ Renaissance Commons-5 optionsBW \ D-CompsonProposal (4) 196 units
$ 3,250,000
$ -
$ 3,250,000
2/11/2009
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CITY OF BO'. IN BEACH
CITY HALL - POLICE DEPARTMENT RELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Purchase of Police Office Space Only - Existing City Hall Refurb - Without Old HS Refurb
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Building Space Allocation of Tenant Space City
fl22!: Location So.Ft. Private Police City Hall ~
4.5 Center 25,000
4 North 22,000
South 22,000
3 North 22,000
South 22,000
2 North 22,000 (A)
South 22,000 (B)
1 South 14,000
Total Sq. Ft. 172,000 110,400 51,500 - 51,500
Cost Per Sq. Ft Including Fit Out NIA $ 240 $ 240 $ 240
$ 14.784,000 $ - $ 14,784,000
Less Fit Out Not Required:
(A) $ 40 5,000 $ - $ - $ -
(B) $ 40 22,000 $ - $ - $ -
$ 14,784.000 $ - $ 14,784,000
Generator Lump Sum $ 600,000 $ - $ 600,000
Architect 2% $ 295,680 $ - $ 295,680
Fumishings Lump Sum $ 1,500,000 $ - $ 1.500,000
$ 17,179,680 $ - $ 17.179,680
Contingency 10. 00% $ 1,717,968 $ - $ 1,717,968
Totals Renaissance Commons $ 18,897,648 $ - $ 18,897,648
Add Deficit of Sources Over Uses of Old High School & City Hall Site $ 1,338,100
Potential Net Amount of Debt Issuance $ 20,235,748
Assume $21 million bank borrowing with security being a covenant to budget and
appropriate from legally available non-advalorem tax revenues.
Annual debt service:
20Year@5.10% 15 Year @4.15%
Annual debt service on bank loan $1699412 $1 908627
Debt service (Interest only - first year) $1 071 000 m.uJlQ
Parking
~ City Hall ~
Total Sq. Ft. acquired 61,600 - 61,600
Parking = 1.5 Assigned Spaces in the
garage for each 1,000 square feet of office 92.4 - 92.4
space acquired.
J(hibit E-1
POTENTIAL SALE OF CITY HALL SITE AND RESTORATION OF OLD HIGH SCHOOL
Source of Funds
City Property Sale 1 Exchange:
City Hall ParcellStreeVParking None Purchased or Traded
High Ridge Parcel 5.8586 Acres @ $12 per sq. ft.
Historic Preservation Grant
Total Funding Sources
Use of Funds
Fire Station #1 - Not Moved With This ODtion
City Hall Refurbishment
City Hall ADA, Fire Suppression, Kalwall etc.
Refurb Old PO Area
Architect & Engineer, Permits, etc. 15%
Furnishings Lump
Contingency 10%
Total City Hall Refurb
Old High School: - No Refurbishment Planned with this oDtion
Construction - Refurbish for Unknown Public Use $
Architect & Engineer, Permits, etc. 15% $
Furnishings Lump $
$
$
$
Contingency
50%
Total Old High School
Total Use of Funds
<> Excess (Deficit) of Sources Over Uses
Above contingent on:
High Ridge Parcel 5.8586 Acres @ Approx. $12 per Sq Ft
Historic Preservation Grant
$
$
$
$
$
$
$
$
2,820,000
720,000
3,540,000
531.000
100,000
4,171,000
417,100
4,588,100
The purchased office space would be used by Police Department and not
City Hall functions. City Hall Refurb work would include reuse of old PO
area and installation of other needed improvements throughout City Hall
complex.
The cost of bringing the entire City Hall building up to current code
requirements is not determined at this point Also, the building does not
meet current hurricane standards.
C:\Documents and Settings\bressnerk\My Documents\CityHaIlPDProject\ \ Renaissance Commons-5 optionsBW \ E1-PoliceSpaceOnly without HS
$
$ 3.250,000
$
$
3,250,000
$ 4,588,100
$ (1,338,100)
$ 3,250,000
$ -
$ 3,250,000
2/1112009
.xhibit E-2
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CITY OF 80\ IN 8EACH
CITY HALL - POLICE DEPARTMENT RELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Purchase of Police Office Space Only - Existing City Hall Refurb - With HS Refurb
Building Space Allocation of Tenant Space City
Floor Location Sa.Ft. Private Police City Hall Totals
4.5 Center 26,000
4 North 22,000
South 22,000
3 North 22,000
South 22,000
2 North 22,000 (A)
South 22,000 (B)
1 South 14,000
Total Sq. Ft 172,000 110,400 61,600 - 61,600
Cost Per Sq. Ft Including Fit Out NIA $ 240 $ 240 $ 240
$ 14,784,000 $ - $ 14,784,000
Less Fit Out Not Required:
(A) $ 40 5,000 $ - $ - $ -
(B) $ 40 22,000 $ - $ - $ -
$ 14,784,000 $ - $ 14,784,000
Generator Lump Sum $ 600,000 $ - $ 600,000
Architect 2% $ 295,680 $ - $ 295,680
Fumishings Lump Sum $ 1,500,000 $ - $ 1,500,000
$ 17,179,680 $ - $ 17,179,680
Contingency 10.00% $ 1,717,968 $ - $ 1,717,968
Totals Renaissance Commons $ 18,897,648 $ - $ 18,897,648
Add Deficit of Sources Over Uses of Old High School & City Hall Site $ 9,400,600 <>
Potential Net Amount of Debt Issuance $ 28,298,248
Assume $29 million bank borrowing with security being a covenant to budget and
appropriate from legally available non-advalorem tax revenues.
20 Year tIl5.10% 15 Year tIl4.15%
2 346 807 2 635 723
1479000 1 203500
Annual debt service on bank loan
Debt service (Interest only - first year)
Parking
Totals
61,600
Total Sq. Ft acquired
Police
61,600
City Hall
Parking = 1.5 Assigned Spaces in the garage
for each 1,000 square feet of office space
acquired.
92.4
92.4
POTENTIAL SALE OF CITY HALL SITE AND RESTORATION OF OLD HIGH SCHOOL
Source of Funds
City Property Sale 1 Exchange:
City Hall ParceVStreeVParking None Purchased or Traded $ -
High Ridge Parcel 5.8586 Acres @ $12 per sq. ft. $ 3,250,000
Historic Preservation Grant $ -
Total Funding Sources $ 3,250,000
Use of Funds
Fire Station #1 - Not Moved With This Option
City Hall Refurbishment
City Hall ADA, Fire Suppression, Kalwall etc. $ 2,820,000
Refurb Old PO Area $ 720,000
$ 3,540,000
Architect & Engineer, Permits, etc. 15% $ 531,000
Fumishings Lump $ 100,000
$ 4,171,000
Contingency 10% $ 417,100
Total City Hall Refurb $ 4,588,100
Old High School:
Construction - Refurbish for Unknown Public Use $ 4,500,000
Architect & Engineer, Permits, etc. 15% $ 675,000
Fumishings Lump $ 200,000
$ 5,375,000
Contingency 50% $ 2,687,500
Total Old High School $ 8,062,500
Total Use of Funds $ 12,650,600
Excess (Deficit) of Sources Over Uses $ (9,400,600)
Above contingent on:
High Ridge Parcel 5.8586 Acres @ Approx. $12 per Sq Ft $ 3,250,000
Historic Preservation Grant $ -
$ 3,250,000
Option Assumes that funding of rehab of Old HS would be added to debt
service for purchase of office space. The office space would be used by
Police Department and not City Hall functions. City Hall Refurb work
would include reuse of old PO area and installation of other needed
improvements throughout City Hall complex.
Note also that option does not include any grant funding for historic
preservation as this is an unknown and would skew the costs.
C:\Documents and Settings\bressnerk\My Documents\CityHaIlPDProject\ \ Renaissance Commons-5 optionsBW \ E2-PoliceSpaceOnly with HS
2/11/2009
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CITY OF BOYN. .oJ BEACH
CITY HALL - POLICE DEPARTMENT RELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
EXHIBIT F
Density/Price Calculator - City Hall Parcels
No. of No. of Max. Retail r City Hall Only I City Hall wINE 1st St. City Hall wINE 1st St. and 2 Parkina Lots
Units Stories HeiQht Area Du/Acre Price/Unit Property Value Du/Acre Price/Unit Property Value Du/Acre Price/Unit Property Value
100 25.55 $ 35,000 $ 3,500,000 22,93 $ 35,000 $ 3,500,000 17.62 $ 35,000 $ 3,500,000
125 31.94 $ 35,000 $ 4,375,000 28.66 $ 35,000 $ 4,375,000 22.03 $ 35,000 $ 4,375,000
150 38.32 $ 35,000 $ 5,250,000 34.39 $ 35,000 $ 5,250,000 26.43 $ 35,000 $ 5,250,000
175 44.71 $ 35,000 $ 6,125,000 40.12 $ 35,000 $ 6,125,000 30.84 $ 35,000 $ 6,125,000
I 196 4 55Ft 15,530 SQ Ft 50.07 $ 35,000 $ 6,860,000 44:94 $ 35,000 $ 6,860,000 34.54 $ 35,000 . $ 6i800;000
200 51.10 $ 35,000 $ 7,000,000 45.85 $ 35,000 $ 7,000,000 35.24 $ 35,000 $ 7,000,000
225 57.48 $ 35,000 $ 7,875,000 51.58 $ 35,000 $ 7,875,000 39.65 $ 35,000 $ 7,875,000
250 63.87 $ 35,000 $ 8,750,000 57.32 $ 35,000 $ 8,750,000 44.05 $ 35,000 $ 8,750,000
I 256' 5 65'Ft 15,530 SQ Ft 65.40 $ 35;000 $ 8,960,000 58;69 $' 35;000 . $ 8,960;000 45.11 $ 35;000,'.$ . . ..,.819601000:,
275 70.26 $ 35,000 $ 9,625,000 63.05 $ 35,000 $ 9,625,000 48.46 $ 35,000 $ 9,625,000
300 76.65 $ 35,000 $ 10,500,000 68.78 $ 35,000 $ 10,500,000 52.86 $ 35,000 $ 10,500,000
I 316 '6".,' 75Ft 15,530SQFt " 80.73' $ 35;000 $ 11;060;000 72.45 $ 35,000 $ 11;060iooo 55;68 $ 35',000' "'$ "'11:060;000
325 83.03 $ 35,000 $ 11,375,000 74.51 $ 35,000 $ 11,375,000 57.27 $ 35,000 $ 11,375,000
350 89.42 $ 35,000 $ 12,250,000 80,24 $ 35,000 $ 12,250,000 61.67 $ 35,000 $ 12,250,000
I 316 7 85Ft 15,530 Sa Ft '96.06 $ 35;000 $ 13,160;000 86:20 $ 35;000 $ 13;160;000 66.26 $ 35;0100"$' 43;"160~OOO'
400 102.19 $ 35,000 $ 14,000,000 91.71 $ 35,000 $ 14,000,000 70.49 $ 35,000 $ 14,000,000
Parcel Cumulative Area
Parcel Size Parcel Size Dimension Sa. Ft. Acres
(1 ) City Hall Site Size (Approx) 170,500 sq. ft. 3.91 acres 620 ft by 275 ft 170,500 3.91
(2) NE 1st St ROW. 19,500 sq. ft. 0.45 acres 620 ft by 30 ft 190,000 4.36
(3) Parking Lot West of Old HS 31,200 sq, ft. 0.72 acres 260 ft by 120 ft 221,200 5.08
(4) Parking Lot East of Kids Kingdom 26,000 sq. ft. 0.60 acres 260 ft by 100 ft 247,200 5.67
C:\Documents and Settings\bressnerk\My Documents\CityHaIlPDProject\ \ Renaissance Commons-5 optionsBW \ F-CHSiteDensityCalculator
2/11/2009
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Current Size of Police Facility
Current Size of City Hall
Space Needs Police - In Stand-Alone
Space Needs City Hall in Stand-Alone
Space Needs in Office Building Proposal
Police Office Building
City Hall in Office Building
City Hall Functions - Daily Average
Police Functions - Daytime Average
CITY OF BO rON BEACH
CITY HALL - POLICE DEPARTMENT RELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
EXHIBIT G
Basic Planning Data
Sa. Ft
2003 Study 18,354
2003 Study 47,572
Sa. Ft
2008 Study 81,000
2003 Study 60,534
Sa. Ft
2009 Study 61,600
2009 Study 50,500
Fire Station #1
The total minimum square footage necessary is 8,500
The apparatus bay is 5,200 sq. ft.
The living quarters, storage space, and mechanical rooms total 3,300 sq. ft.
This is the smallest fire station footprint currently in use, but will meet the demands of this zone.
FS#1 responded to 3,416 in calendar year 2008 (includes Rescue 5 responses).
Engine 1 and Rescue 1 responded to 2,983 alarms in 2008
Facilities will include:
Three drive through (3) apparatus bays housing one engine and one rescue vehicle.
Living facilities for nine personnel. Six personnel will be staffed 24fl.
EmDloyees
2009 Parking 161
2009 Parking 82
243
Anticipated cost is $3M - $3.5M for a one or two story structure, depending on design.
Land approx 2 acres @$12 sqJt $ 1,045,440
Construction $ 2,250,000
Architect & Engineer, Permits, etc. 15% $ 337,500
Furnishings Lump $ 250,000
$ 3,882,940
Contingency 10% $ 388,310
Total Fire Station #1 $ 4,271,250
Old High School Refurbishment Data (no defined building use)
Construction - Refurbish for Unknown Public Use $ 4,500,000
Architect & Engineer, Permits, etc. 15% $ 675,000
Furnishings Lump $ 200,000
$ 5,375,000
Contingency 50% $ 2,687,500
Total Old High School $ 8,062,500
2009 Vehicle Parking Count Police City Hall Total
Personal 43 39 82
City Car/Allowance 134 27 161
City Fleet Standby 30 16 46
Total 207 82 289
Police Facility Data. Includes parking deck
Sa. Ft
81,000
81,000
81,000
Per Plan
Per CH2M Hill Est 10/2008
Commission Target Cost 10/08
Cost
$ 26,500,000
$ 31 ,000,000
$28,000,000
City Hall Refurbishment Estimates (with either PD only in Office or Stand-Alone PD Facility Option)
City Hall ADA, Fire Suppression, Kalwall etc. $ 2,820,000
Refurb Old PD Area $ 720,000
$ 3,540,000
$ 531,000
$ 100,000
$ 4,171,000
$ 417,100
$ 4,588,100
Architect & Engineer, Permits, etc.
Furnishings
15%
Lump
Contingency
10%
Total City Hall Refurbishment
C:\Documents and Settings\bressnerk\My Documents\CityHaIlPDProject\ \ Renaissance Commons-5 optionsBW \ G-Basic Data
2/11/2009
.
BondILoan Amount $31,000,000 Schedule 1-15
Estimated Annual Interest Rate 4.15%
Payment Period in Years 15
Annual Debt Service Payment $2.817,497
PRINCIPAL
YEAR PAYMENT ~ PRINCIPAL ~
, $ 2,817,497 $ 1.286,500 $ 1.530,997 $ 29,469,003
2 $ 2,817,497 $ 1.222,964 $ 1,594,533 $ 27,874,469
3 $ 2.817,497 $ 1,156,790 $ 1,660,707 $ 26,213,763
4 $ 2,817,497 $ 1,087,871 $ 1,729,626 $ 24,484,137
5 $ 2,817,497 $ 1,016,092 $ 1,801,405 $ 22,682,732
6 $ 2,817,497 $ 941,333 $ 1,876,164 $ 20,806,568
7 $ 2,817,497 $ 863,473 $ 1,954,024 $ 18,852.543
8 $ 2,817,497 $ 782,381 $ 2,035,117 $ 16,617,427
9 $ 2,817,497 $ 697,923 $ 2,119,574 $ 14,697,853
10 $ 2,817,497 $ 609,961 $ 2,207,536 $ 12,490,317
11 $ 2,817,497 $ 518,348 $ 2,299,149 $ 10,191,168
12 $ 2,817,497 $ 422,933 $ 2.394,564 $ 7,796,604
13 $ 2,817,497 $ 323,559 $ 2.493,938 $ 5.302,666
14 $ 2,817,497 $ 220,061 $ 2,597,436 $ 2,705,230
15 $ 2,817,497 $ 112,267 $ 2,705,230 $ 0
TOTAL $ 42,262,456 $ 11,262,456 $ 31,000,000
BondlLoan Amount $31.000,000 Schedute 1-20
Estimated Annual Interest Rate 5,10%
Payment Period in Years 20
Annual Debt Service Payment $2,508,655
PRINCIPAL
YEAR PAYMENT INTEREST PRINCIPAL ~
1 $ 2,508,655 $ 1,581,000 $ 927,655 $ 30,072,345
2 $ 2,508,655 $ 1.533.690 $ 974,966 $ 29,097,379
3 $ 2,508,655 $ 1,483,966 $ 1,024.689 $ 28,072,690
4 $ 2,508,655 $ 1.431,707 $ 1.076.948 $ 26,995,741
5 $ 2,508,655 $ 1.376.783 $ 1,131,873 $ 25,863,869
6 $ 2,508,655 $ 1.319,057 $ 1,189,598 $ 24,674,271
7 $ 2,508,655 $ 1,258.388 $ 1.250,268 $ 23,424,003
8 $ 2,508,655 $ 1,194,624 $ 1,314.031 $ 22,109,972
9 $ 2,508,655 $ 1,127,609 $ 1,381,047 $ 20,728,925
10 $ 2,508,655 $ 1.057,175 $ 1,451,480 $ 19,277,444
11 $ 2,508,655 $ 983,150 $ 1,525,506 $ 17,751,939
12 $ 2,508,655 $ 905,349 $ 1,603,307 $ 16,148,632
13 $ 2,508,655 $ 823,580 $ 1,685,075 $ 14.463,557
14 $ 2,508,655 $ 737,641 $ 1,771,014 $ 12,692,543
15 $ 2,508,655 $ 647,320 $ 1,861,336 $ 10,831,207
16 $ 2,508,655 $ 552,392 $ 1,956,264 $ 8,874,943
17 $ 2,508,855 $ 452,622 $ 2.056,033 $ 6,818,910
18 $ 2,508,655 $ 347.764 $ 2,160,891 $ 4,658,019
19 $ 2,508,655 $ 237,559 $ 2,271,096 $ 2,386,922
20 $ 2,508,655 $ 121,733 $ 2,386,922 $ 0
TOTAL $ 50,173,109 $ 19,173,109 $ 31,000,000
CITY OF BOn 3EACH
CITY HALL - POLICE DEPARTMENT ,,~LOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Debt Amortization Schedule
BondILoan Amount $33.000,000 Schedule 2-15
Estimated Annual Interest Rate 4,15%
Payment Period in Years 15
Annual Debt Service Payment $2,999.271
PRINCIPAL
YEAR PAYMENT INTEREST PRINCIPAL BALANCE
1 $ 2.999,271 $ 1,369,500 $ 1,629,771 $ 31,370,229
2 $ 2.999,271 $ 1 ,301,865 $ 1,697,407 $ 29,672,822
3 $ 2,999,271 $ 1.231,422 $ 1,767,849 $ 27,904,973
4 $ 2,999,271 $ 1.158.056 $ 1,841,215 $ 26,063,759
5 $ 2,999,271 $ 1,081,646 $ 1,917,825 $ 24,146,134
6 $ 2,999,271 $ 1,002,065 $ 1 ,997,207 $ 22,148,927
7 $ 2,999,271 $ 919,180 $ 2,080,091 $ 20,068,837
8 $ 2,999,271 $ 832,857 $ 2,166,414 $ 17,902,422
9 $ 2.999,271 $ 742,951 $ 2,256,321 $ 15,646,102
10 $ 2,999,271 $ 649,313 $ 2,349,958 $ 13,296,144
11 $ 2,999,271 $ 551.790 $ 2,447,481 $ 10,848,663
12 $ 2,999,271 $ 450,220 $ 2,549,052 $ 8,299,611
13 $ 2,999,271 $ 344,434 $ 2,654.837 $ 5,644,774
14 $ 2,999,271 $ 234,258 $ 2,765,013 $ 2,879,761
15 $ 2,999,271 $ 119,510 $ 2,879,761 $ 0
TOTAL $ 44,989,066 $ 11,989,066 $ 33,000,000
BondJLoan Amount $33,000,000 Schedule 2.20
Estimated Annual Interest Rate 5.10%
Payment Period in Years 20
Annual Debt Service Payment $2,670,504
PRINCIPAL
YEAR PAYMENT INTEREST f!!!Nldf&. ~
1 $ 2,670,504 $ 1,683,000 $ 987,504 $ 32,012,496
2 $ 2,670,504 $ 1,632,637 $ 1,037,867 $ 30.974,629
3 $ 2,670.504 $ 1,579,706 $ 1,090,798 $ 29.883,831
4 $ 2,670.504 $ 1,524,075 $ 1.146,429 $ 28,737.402
5 $ 2,670.504 $ 1.465,608 $ 1,204,897 $ 27,532,505
6 $ 2,670,504 $ 1,404,158 $ 1,266,346 $ 26,266,159
7 $ 2,670.504 $ 1,339,574 $ 1,330,930 $ 24,935,229
8 $ 2,670,504 $ 1,271,697 $ 1,398,808 $ 23.536.421
9 $ 2,670.504 $ 1.200,357 $ 1,470,147 $ 22,066.275
10 $ 2,670,504 $ 1,125,380 $ 1,545,124 $ 20,521,151
11 $ 2,670.504 $ 1,046,579 $ 1,623,925 $ 18,897,225
12 $ 2,670,504 $ 963,758 $ 1,706,746 $ 17,190.479
13 $ 2,670,504 $ 876,714 $ 1,793,790 $ 15,396,690
14 $ 2.670,504 $ 785,231 $ 1,885,273 $ 13,511,417
15 $ 2,670,504 $ 689,082 $ 1,981,422 $ 11,529,995
16 $ 2,670,504 $ 588,030 $ 2,082,474 $ 9,447,520
17 $ 2,670,504 $ 481,824 $ 2,188,681 $ 7,258.840
18 $ 2,670,504 $ 370,201 $ 2,300,303 $ 4,958.536
19 $ 2,670,504 $ 252,885 $ 2,417,619 $ 2.540,917
20 $ 2,670,504 $ 129,587 $ 2,540,917 $ 0
TOTAL $ 53,410,084 $ 20,410,084 $ 33,000,000
C:IDocuments and Settings\bressner1<IMy DocumentslCityHallPDProject\ I Renaissance Commons-5 optionsBW IH-Amort Sheet
EXHIBIT H-1
BondILoan Amount $35,000.000 Schedule 3-15
Estimated Annual Interest Rate 4.15%
Payment Period in Years 15
Annual Debt Service Payment $3,181,045
PRINCIPAL
YEA!'! PAYMENT ~ PRINCIPAL ~
1 $ 3.181,045 $ 1,452,500 $ 1,728,545 $ 33,271,455
2 $ 3,181.045 $ 1.380,765 $ 1,800,280 $ 31,471,175
3 $ 3,181.045 $ 1,306,054 $ 1,874,991 $ 29,596,184
4 $ 3,181,045 $ 1,228,242 $ 1,952,803 $ 27,643,380
5 $ 3,181,045 $ 1,147,200 $ 2,033,845 $ 25,609,536
6 $ 3,181,045 $ 1,062,796 $ 2,118,249 $ 23,491,286
7 $ 3,181,045 $ 974,888 $ 2,206,157 $ 21,285,130
8 $ 3,181,045 $ 883,333 $ 2.297,712 $ 18,987,417
9 $ 3,181,045 $ 787.978 $ 2,393,067 $ 16,594,350
10 $ 3,181,045 $ 688,866 $ 2,492,380 $ 14,101,971
11 $ 3,181,045 $ 585,232 $ 2,595,813 $ 11,506,157
12 $ 3,181,045 $ 477,506 $ 2,703,540 $ 8,802,618
13 $ 3,181,045 $ 365,309 $ 2,815,736 $ 5,986,881
14 $ 3,181,045 $ 248,456 $ 2,932,589 $ 3,054,292
15 $ 3,181,045 $ 126,753 $ 3,054,292 $ 0
TOTAL $ 47,715,676 $ 12,715,678 $ 35,000,000
BondILoan Amount $35,000,000 T Schedulo 3-20
Estimated Annual Interest Rate 5,10%
Payment Period in Years 20
Annual Debt Service Payment $2,832,353
PRINCIPAL
YEAR ~ lrmBEll ~ ~
1 $ 2,832,353 $ 1,785,000 $ 1.047,353 $ 33,952,647
2 $ 2,832,353 $ 1,731,585 $ 1,100,768 $ 32,851,879
3 $ 2,832,353 $ 1,675,446 $ 1,156,907 $ 31,694,972
4 $ 2,832,353 $ 1,616,444 $ 1,215,909 $ 30,479,063
5 $ 2,832,353 $ 1,554,432 $ 1.277 ,921 $ 29,201,142
6 $ 2,832,353 $ 1,489,258 $ 1,343,095 $ 27,858,047
7 $ 2,832,353 $ 1,420,760 $ 1,411,592 $ 26,446,455
8 $ 2,832,353 $ 1,348,769 $ 1,483,584 $ 24,962,871
9 $ 2,832,353 $ 1,273,106 $ 1,559,246 $ 23,403,625
10 $ 2,832,353 $ 1,193,585 $ 1,638,768 $ 21,764,857
11 $ 2,832,353 $ 1,110,008 $ 1,722,345 $ 20,042,511
12 $ 2,832,353 $ 1,022,168 $ 1,810,185 $ 18,232,327
13 $ 2,832,353 $ 929,849 $ 1,902,504 $ 16,329,822
14 $ 2,832,353 $ 832,821 $ 1,999,532 $ 14,330,290
15 $ 2,832,353 $ 730,845 $ 2,101,508 $ 12,228,782
16 $ 2,832,353 $ 623,868 $ 2,208,685 $ 10,020,097
17 $ 2,832,353 $ 511,025 $ 2,321,328 $ 7,698,769
18 $ 2,832,353 $ 392,637 $ 2.439,716 $ 5,259,054
19 $ 2,832,353 $ 268,212 $ 2,564,141 $ 2,894,912
20 $ 2,832,353 $ 137,441 $ 2,694,912 $ 0
TOTAL $ 56,647,058 $ 21,647,058 $ 35,000,000
2/1112009
ct
BondILoan Amount $20,000,000 Schedule ....15
Estimated Annual Interest Rate 4.15%
Payment Period in Years 15
Annual Debt Service Payment $1.817.740
PRINCIPAL
YEAR ~ INTEREST PRINCIPAL BALANCE
1 $ 1,817,740 $ 830,000 $ 987,740 $ 19,012,260
2 $ 1,817,74ll $ 789,009 $ 1,028.731 $ 17,983,529
3 $ 1,817,740 $ 746,316 $ 1,071,424 $ 16,912,105
4 $ 1,817,740 $ 701,852 $ 1,115,888 $ 15,796,217
5 $ 1,817,740 $ 655,543 $ 1,162,197 $ 14,634,020
6 $ 1,817,740 $ 607,312 $ 1,210,428 $ 13,423,592
7 $ 1,817,740 $ 557,079 $ 1,260,661 $ 12,162,931
8 $ 1.817.740 $ 504,762 $ 1.312,978 $ 10,849,953
9 $ 1,817,740 $ 450,273 $ 1,367.467 $ 9,482,466
10 $ 1,817,740 $ 393,523 $ 1,424,217 $ 8,058,269
11 $ 1,817,740 $ 334,418 $ 1,483,322 $ 6,574,947
12 $ 1,817,740 $ 272,860 $ 1,544,880 $ 5,030.067
13 $ 1.817,740 S 208,748 $ 1,608,992 $ 3,421,075
14 $ 1,817,740 $ 141,975 $ 1,675.765 $ 1,745,310
15 $ 1,817,740 $ 72,430 $ 1,745,310 $ 0
TOTAL $ 27,266,101 $ 7,266,101 $ 2O,llOiJ,llOiJ
BondILo8n Amount $20,000,000 Schedule 4-20
Estimated Annual Interest Rate 5.10%
Payment Period in Years 20
Annual Debt Service Payment $1,618,487
PRINCIPAL
YEAR PAYMENT INTEREST PRINCIPAL ~
1 $ 1,618,487 $ 1,020,llOiJ $ 598,487 $ 19.401,513
2 $ 1,618,487 $ 989,477 $ 629,010 $ 18.772.502
3 $ 1,618,487 $ 957,398 $ 661,090 $ 18,111.413
4 $ 1,618,487 $ 923,682 $ 694,805 $ 17,416,607
5 $ 1,618,487 $ 888,247 $ 730,240 $ 16.688.367
6 $ 1,618,487 $ 851,005 $ 767,483 $ 15.918,884
7 $ 1,618,487 $ 811,863 $ 806,624 $ 15,112,260
8 $ 1,618,487 $ 770,725 S 847,762 $ 14.264,498
9 $ 1,618,487 $ 727,489 $ 890,998 $ 13.373,500
10 $ 1,618,487 $ 682,048 $ 936,439 $ 12,437,061
11 $ 1,618,487 $ 634,290 $ 984,197 $ 11.452,864
12 $ 1,618,487 $ 584,096 $ 1,034,391 $ 10,418,472
13 $ 1,618,487 $ 531,342 $ 1,087,145 $ 9.331,327
14 $ 1,618,487 $ 475,898 $ 1,142,590 $ 8.188,737
15 $ 1,618,487 $ 417,626 $ 1,200,862 $ 6,987,876
16 $ 1,618,487 $ 356,382 $ 2,880,593 $ 4,107282
17 $ 1,618,487 $ 209,471 $ 1,409,016 $ 2.698,266
18 $ 1,618,487 $ 137,612 $ 1.480,876 $ 1,217.391
19 $ 1,618,487 $ 62,087 $ 1,556,400 $ (339,010)
20 $ $ $ $
TOTAL $ 30,751,260 $ 12,030,738 $ 20,339,010
CITY OF BO\ I BEACH
CITY HALL - POLICE DEPARTMENI rtELOCATION COST ANALYSIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Debt Amortization Schedule
Bond/Loan Amount $28,ooo,llOiJ Schedule 5.15
Estimated Annual Interest Rate 4,15%
Payment Period in Years 15
Annual Debt Service Payment $2,544,836
PRINCIPAL
YEAR PAYMENT INTEREST ~ ~
1 $ 2,544,836 $ 1,162,000 $ 1,382.836 $ 26,617,164
2 $ 2,544,836 $ 1,104,612 $ 1,440,224 $ 25,176,940
3 $ 2,544,836 $ 1,044,843 $ 1,499,993 $ 23,676,947
4 $ 2,544,836 $ 982,593 $ 1,562,243 $ 22,114,704
5 $ 2,544,836 $ 917.760 $ 1,627,076 $ 20,487,629
6 $ 2,544,836 $ 850,237 $ 1,694,599 $ 18,793,029
7 $ 2,544.836 $ 779,911 $ 1,764,925 $ 17,028,104
8 $ 2,544,836 $ 706,866 $ 1,838,170 $ 15,189,934
9 $ 2,544,836 $ 630.382 $ 1,914,454 $ 13,275,480
10 $ 2,544,836 $ 550.932 $ 1,993,904 $ 11,281,577
11 $ 2,544,836 $ 468,185 $ 2,076,651 $ 9,204,926
12 $ 2,544,836 $ 382,004 $ 2,162,832 $ 7,042,094
13 $ 2,544,836 $ 292.247 $ 2,252,589 S 4,789,505
14 $ 2,544,836 $ 198,764 $ 2,346,072 $ 2.443,434
15 $ 2,544,836 $ 101,402 $ 2,443,434 $ 0
TOTAL $ 38,172,541 $ 10,172,541 $ 28,000,000
BondlLoan Amount $28,000,000 I Schedule 5-20
Estimated Annual Interest Rate 5.10%
Payment Period in Years 20
Annual Debt Service Payment $2.265,882
PRINCIPAL
YEAR PAYMENT INTEREST PRINCIPAL BALANCE
1 $ 2,265,882 $ 1,428,000 $ 837,882 $ 27,162,118
2 $ 2,265,882 $ 1,385,268 $ 880,614 $ 26,281,503
3 $ 2,265,882 $ 1,340,357 $ 925,526 $ 25,355,978
4 $ 2,265,882 $ 1,293,155 $ 972,727 $ 24,383,250
5 $ 2,265,882 $ 1,243,546 $ 1,022,337 $ 23,360,914
6 $ 2,265,882 $ 1,191,407 $ 1,074,476 $ 22,286,438
7 $ 2,265,882 $ 1,136,608 $ 1,129,274 $ 21,157,164
8 $ 2,265,882 S 1,079,015 $ 1,186,867 $ 19,970,297
9 $ 2,265,882 $ 1,018,485 $ 1.247,397 $ 18,722,900
10 $ 2,265,882 $ 954,668 $ 1,311,014 $ 17,411,885
11 $ 2,265,882 $ 888,006 $ 1,377,876 $ 16,034,009
12 $ 2,265,882 $ 817,734 $ 1,448,148 $ 14,585,861
13 $ 2,265,882 $ 743,879 $ 1,522,003 $ 13,063,858
14 $ 2,265,882 $ 866,257 $ 1,599,626 $ 11,464,232
15 $ 2,265,882 S 584,876 $ 1,681,206 $ 9,783,026
16 $ 2,265,882 $ 498,934 $ 1,766,948 $ 8,016,078
17 $ 2,265,882 S 408,820 $ 1,857,062 $ 6,159,015
18 $ 2,265,882 $ 314,110 $ 1,951,773 $ 4,207,243
19 $ 2,265,882 $ 214,569 $ 2,051.313 $ 2,155,930
20 $ 2,265,882 S 109,952 $ 2,155,930 $ 0
TOTAL $ 45,317,647 $ 17,317,647 $ 28,000,000
C:IDocuments and SettingslbressnerklMy DocumentslCityHallPDProjectl I Renaissance Commons-S optionsBW IH-Amort Sheet
EXHIBIT H-2
BondILoan Amount $23,000,000 Schedule 6-15
Estimated Annual Interest Rate 4,15%
Payment Period in Years 15
Annual Debt Service Payment $2.090,401
PRINCIPAL
YEAR ~ ~ ~ ~
1 $ 2,090.401 S 954,500 $ 1,135,901 $ 21,864,099
2 $ 2,090,401 S 907,360 $ 1,183,041 $ 20,681,058
3 $ 2,090,401 $ 858,264 $ 1,232,137 $ 19,448,921
4 $ 2,090,401 $ 807,130 $ 1,283,271 $ 18,185,650
5 $ 2.090,401 $ 753,874 $ 1,336,527 $ 16,829,123
6 $ 2,090,401 $ 698,409 $ 1,391,992 $ 15,437,131
7 $ 2,090,401 $ 640,641 $ 1,449,760 $ 13,987,371
8 $ 2,090,401 $ 580,478 $ 1,509,925 $ 12,477,446
9 $ 2,090,401 S 517,814 $ 1.572,587 S 10,904,859
10 $ 2,090,401 $ 452,552 $ 1,637,849 $ 9,267,009
11 $ 2,090,401 $ 384,581 $ 1,705,820 $ 7,561,189
12 $ 2.090,401 $ 313,789 $ 1,776,612 $ 5,784,577
13 $ 2.090,401 $ 240,060 $ 1,850,341 $ 3,934,236
14 S 2,090,401 $ 163,271 $ 1.927,130 $ 2,007,106
15 $ 2,090,401 $ 83,295 $ 2,007,106 $ 0
TOTAL $ 31,356,018 $ 8,356,016 $ 23,000,000
BondlLoan Amount $23,000,000 I Schedule 6.20
Estimated Annual Interest Rate 5,10%
Payment Period In Years 20
Annual Debt Service Payment $1,861,260
PRINCIPAL
~ ~ INTEREST ~ ~
1 $ 1,861,260 $ 1,173,000 $ 688,260 $ 22,311,74ll
2 $ 1,861,260 $ 1,137,899 $ 723,362 $ 21,588,378
3 $ 1,861,260 $ 1,101,007 $ 760,253 $ 20,828,125
4 $ 1,861,260 $ 1,062,234 $ 799,026 $ 20,029,098
5 $ 1.861,260 $ 1,021,484 S 839,776 $ 19,189,322
6 $ 1.861,260 $ 978,655 S 882,605 $ 18.306,717
7 $ 1.861,260 $ 933,643 $ 927,618 $ 17,379,099
8 $ 1,881,260 $ 886,334 $ 974,926 $ 16,404,172
9 S 1.881,260 $ 836,613 $ 1,024,648 $ 15,379,525
10 $ 1,861,260 $ 784,356 $ 1,076,905 $ 14,302,820
11 $ 1.861,260 $ 729,434 $ 1,131,827 $ 13,170,793
12 $ 1,861,260 $ 671,710 $ 1,189,550 $ 11,981,243
13 $ 1.861.260 $ 611,043 $ 1,250217 $ 10,731,026
14 $ 1,861,260 $ 547282 S 1,313,978 $ 9.417,048
15 $ 1.861,260 $ 480,269 $ 1,380,991 $ 8,036,057
16 $ 1,881.260 $ 409,839 S 1,451,422 $ 6,584,635
17 $ 1,661,260 $ 335,816 $ 1,525,444 $ 5,059,191
18 $ 1,661,260 $ 258,019 $ 1,603,242 $ 3,455,949
19 $ 1,861,260 S 176,253 $ 1,685,007 $ 1,770,942
20 $ 1 ,861,260 S 90,318 $ 1,770,942 $ 0
TOTAL $ 37,225,210 S 14,225,210 $ 23,000,000
2/1112009
ct
BondlLoan Amount $25.000,000 ISchedule 7-15
Estimated Annual Interest Rate 4,15%
Payment Period in Years 15
Annual Debt Service Payment $2,272,175
PRINCIPAL
YEAR PAYMENT !tillllW ~ ~
1 $ 2.272,175 $ 1,037.500 $ 1,234,675 $ 23,765,325
2 $ 2,272,175 $ 986,251 $ 1,285,914 $ 22,479,411
3 $ 2,272,175 $ 932,896 $ 1,339,280 $ 21,140.131
4 $ 2,272,175 $ 877.315 $ 1.394,860 $ 19,745,272
5 $ 2,272,175 $ 819,429 $ 1,452,746 $ 18,292,526
6 $ 2,272,175 $ 759,140 $ 1,513,035 $ 16,779.490
7 $ 2,272,175 $ 696,349 $ 1,575,825 $ 15,203,664
8 $ 2.272,175 $ 630.952 $ 1,641,223 $ 13,562,4<11
9 $ 2,272,175 $ 562,841 $ 1,709,334 $ 11,853,107
10 $ 2,272,175 $ 491,904 $ 1,780,271 $ 10,072,836
11 $ 2,272,175 $ 418,023 $ 1.854.152 $ 8,218,664
12 $ 2.272,175 $ 341,075 $ 1,931,100 $ 6,287,584
13 $ 2,272,175 $ 260,935 $ 2,011,240 $ 4,276,34<1
14 $ 2,272,175 $ 177,468 $ 2,094,707 $ 2,181,637
15 $ 2,272,175 ~ $ 2,181,637 $ 0
TOTAL $ 34,082,625 $ 9,082,625 $ 25,000,000
BondlLoan Amount $25,000,000 . Schedule 7.2
Estimated Annual Interest Rate 5,10%
Payment Perlod in Years 20
Annual Debt Service Payment $2,023,109
PRINCIPAL
rJ;AR PAYMENT INTEREST PRINCIPAL ~
1 $ 2.023.109 $ 1,275,000 $ 748,109 $ 24,251,891
2 $ 2,023,109 $ 1,236,846 $ 786,253 $ 23,465,628
3 $ 2,023,109 $ 1,196.747 $ 826,362 $ 22,639,266
4 $ 2,023,109 $ 1,154.603 $ 868,507 $ 21,770,759
5 $ 2,023,109 $ 1,110,309 $ 912,801 $ 20,857,959
6 $ 2,023,109 $ 1,063,756 $ 959,353 $ 19,898,605
7 $ 2,023,109 $ 1,014,829 $ 1,008,280 $ 18,890,325
8 $ 2,023,109 $ 963,407 $ 1,059,703 $ 17,830,622
9 $ 2,023,109 $ 909,362 $ 1,113,747 $ 16,716,875
10 $ 2,023,109 $ 852,561 $ 1,170,549 $ 15,546,325
11 $ 2,023,109 $ 792,863 $ 1,230,247 $ 14,316,080
12 $ 2,023,109 $ 730,120 $ 1,292,989 $ 13,023,090
13 $ 2,023,109 $ 664,178 $ 1,358,932 $ 11,664,159
14 $ 2,023,109 $ 594,872 $ 1,428,237 $ 10,235,922
15 $ 2,023,109 $ 522,032 $ 1,501,077 $ 8,734,8<<
16 $ 2,023,109 $ 4<15,477 $ 1,577,632 $ 7,157,212
17 $ 2,023,109 $ 365,018 $ 1,658,091 $ 5,499,121
18 $ 2,023,109 $ 280,455 $ 1,742,654 $ 3,756,467
19 $ 2,023,109 $ 191,580 $ 1,831,529 $ 1,924,937
20 $ 2,023,109 ~ $ 1,924,937 $ 0
TOTAL $ 40,462,164 $ 15,462,164 $ 25,000,000
CITY OF BOYNTON BEACH
CITY HALL - POLICE DEPARTMENT RELOCATION COST ANAL1SIS
POTENTIAL PURCHASE & MOVE TO RENAISSANCE COMMONS
Debt Amortization Schedule
BondlLoan Amount $27,000,000 Schedule a~1S
Estimated Annual Interest Rate 4,15%
Payment Period in Years 15
Annual Debt Service Payment $2,453,949
PRINCIPAL
YEAR fA'iMErfi INTEREST PRINCIPAL ~
1 $ 2.453.949 $ 1,120,500 $ 1,333,4<19 $ 25,666,551
2 $ 2.453,949 $ 1,065,162 $ 1,388,787 $ 24,277,764
3 $ 2,453,949 $ 1,007,527 $ 1,4<16,422 $ 22,831,342
4 $ 2,453,949 $ 947,501 $ 1,506,4<18 $ 21,324,894
5 $ 2,453,949 $ 884,983 $ 1,568,966 $ 19,755,928
6 $ 2,453,949 $ 819,871 $ 1,634,078 $ 18,121,649
7 $ 2,453,949 $ 752,057 $ 1,701,892 $ 16,419,957
8 $ 2.453,949 $ 881,428 $ 1,772,521 $ 14.647,436
9 $ 2,453,949 $ 607,869 $ 1,648,080 $ 12,801,356
10 $ 2,453,949 $ 531,256 $ 1,922,893 $ 10,878,663
11 $ 2,453,949 $ 451,485 $ 2,002.485 $ 8,876,179
12 $ 2,453,949 $ 388,361 $ 2,085,588 $ 8,790,591
13 $ 2,453,949 $ 281,810 $ 2,172,140 $ 4.818,451
14 $ 2,453,949 $ 191,666 $ 2,252,283 $ 2,356,188
15 $ 2,453,949 $ 97,781 $ 2,356,188 $ 0
TOTAL $ 36,809,236 $ 9,809,236 $ 27,000,000
BondlLoan Amount $27,000,000 ISchedule 1-2
Estimated Annual Interest Rate 5,10%
Payment Period in Years 20
Annual Debt Service Payment $2,184,958
PRINCIPAL
YEAR PAYMENT INTEREST PRINCIPAL ~
1 $ 2,184,958 $ 1,377,000 $ 807,958 $ 25,192,042
2 $ 2.164,958 $ 1,335,794 $ 649,164 $ 25,342.878
3 $ 2,164,958 $ 1,292,487 $ 892,471 $ 24,450,407
4 $ 2,164,958 $ 1,248,971 $ 937,987 $ 23,512,420
5 $ 2,164,958 $ 1,199.133 $ 985,825 $ 22,525.595
6 $ 2,164,958 $ 1,148,856 $ 1,036,102 $ 21,490,494
7 $ 2,164,958 $ 1,098,015 $ 1,088,943 $ 20,401.551
8 $ 2,164,958 $ 1,040,479 $ 1,14<1,479 $ 19,257,072
9 $ 2,164,958 $ 982,111 $ 1,202,647 $ 18,054,225
10 $ 2,164,958 $ 920,785 $ 1,254,192 $ 18,790,032
11 $ 2,164,958 $ 856,292 $ 1,328,666 $ 15,481,366
12 $ 2.164,958 $ 788,530 $ 1,398,428 $ 14,064,938
13 $ 2,164,958 $ 717,312 $ 1,467,646 $ 12,597,291
14 $ 2,164,958 $ 642,462 $ 1,542,496 $ 11,054,795
15 $ 2,164,958 $ 563,795 $ 1,821,163 $ 9,433,832
18 $ 2.164,958 $ 481,115 $ 1,703,643 $ 7,729,789
17 $ 2,164,958 $ 394,219 $ 1,790,739 $ 5,939,051
18 $ 2,164,958 $ 302,892 $ 1,882,066 $ 4,056,984
19 $ 2,184.958 $ 208,906 $ 1,978,052 $ 2,078,932
20 $ 2,184,958 $ 106,025 $ 2,078,932 $ 0
TOTAL $ 43,899,159 $ 16,899,159 $ 27,000,000
C:lDocumenls and SettingslbressnerklMy DocumenlslCityHallPDProjectl I Renaissance Commons-S oplionsBW IH-Amort Sheel
Bondlloan Amount $21,000.000 I Schedule 9-1
Estimated Annual Interest Rate 4.15%
Payment Period in Years 15
Annual Debt Service Payment $1,908,827
PRINCIPAL
YEAR PAYMENT INTEREST ~ ~
1 $ 1,908,627 $ 871 ,500 $ 1,037.127 $ 19,982,873
2 $ 1,908,627 $ 828,459 $ 1,080,188 $ 18,882,705
3 $ 1,908,827 $ 783,832 $ 1,124,995 $ 17,757,710
4 $ 1,908,627 $ 738,945 $ 1,171,882 $ 18,586,028
5 $ 1,908,827 $ 888.320 $ 1,220,307 $ 15,365,721
6 $ 1,908,827 $ 637,8n $ 1,270,950 $ 14,094,772
7 $ 1.908,827 $ 584,933 $ 1,323,894 $ 12,771,078
8 $ 1,908,827 $ 530,000 $ 1.378,827 $ 11,392,450
9 $ 1,908,827 $ 472,787 $ 1,435,640 $ 9.956,810
10 $ 1,908,827 $ 413,199 $ 1,495,428 $ 8,461,182
11 $ 1,908,627 $ 351,139 $ 1,557,488 $ 8,903,694
12 $ 1,908,827 $ 286,503 $ 1,822,124 $ 5,281,571
13 $ 1,908,827 $ 219,185 $ 1,889,4<12 $ 3,592,129
14 $ 1,908,827 $ 149,073 $ 1,759,554 $ 1,832,575
15 $ 1,908,827 $ 78,052 $ 1,832,575 $ 0
TOTAL $ 28,829,406 $ 7,829,406 $ 21,000,000
Bondlloan Amount $21,000,000 Schedule 9-20
Estimated Annual Interest Rate 5.10%
Payment Period in Years 20
Annual Debt Service Payment $1,699.412
PRINCIPAL
YEAR PAYMENT ~ ~ BALANCE
1 $ 1,699,412 $ 1,071,000 $ 628,412 $ 20,371,588
2 $ 1,699,412 $ 1,038,951 $ 680,481 $ 19,711,128
3 $ 1,699,412 $ 1,005,258 $ 694,14<1 $ 19,016,983
4 $ 1,699,412 $ 989,886 $ 729,546 $ 18,287,438
5 $ 1.699.412 $ 932,859 $ 766,752 $ 17,520,885
6 $ 1,699,412 $ 893,555 $ 805.857 $ 18,714,828
7 $ 1,899,412 $ 852,456 $ 848,955 $ 15,867,873
8 $ 1,699,412 $ 809,252 $ 890.150 $ 14,977,723
9 $ 1,699,412 $ 783,864 $ 935,548 $ 14,042,175
10 $ 1,699,412 $ 718,151 $ 983,251 $ 13,058,914
11 $ 1,899,412 $ 666,005 $ 1,033,407 $ 12,025,507
12 $ 1,899,412 $ 613,301 $ 1,086,111 $ 10,939,398
13 $ 1,699,412 $ 557,909 $ 1,141,503 $ 9,797,893
14 $ 1,699,412 $ 499,893 $ 1,199,719 $ 8,598,174
15 $ 1,699,412 $ 438,507 $ 1,250,905 $ 7,337,259
18 $ 1,899,412 $ 374,201 $ 1,325,211 $ 8.012,058
17 $ 1,699,412 $ 306,615 $ 1,392,797 $ 4,819,252
18 $ 1,899,412 $ 235,582 $ 1.483,829 $ 3,155,432
19 $ 1,899,412 $ 160,927 $ 1,538,485 $ 1,818,947
20 $ 1,899,412 $ 82,464 $ 1,818,947 $ 0
TOTAL $ 33,988,235 $ 12,988,235 $ 21,000,000
EXHIBIT H-3
BondlLoan Amount $29,000.000 Schedu.10!15
Estimated Annual Interest Rate 4,15%
Payment Period in Years 15
Annual Debt Service Payment $2.835,723
PRINCIPAL
YEAR PAYMENT INTEREST ~ ~
1 $ 2,835,723 $ 1,203,500 $ 1,432,223 $ 27,567,777
2 $ 2,635,723 $ 1,14<1.063 $ 1,491.660 $ 26,076,117
3 $ 2,835,723 $ 1,082,159 $ 1,553,S64 $ 24,522,552
4 $ 2,835,723 $ 1,017,686 $ 1,818,037 $ 22,904,515
5 $ 2,835,723 $ 950,537 $ 1,885,188 $ 21,219,330
6 $ 2,635,723 $ 880,602 $ 1,755,121 $ 19,464,209
7 $ 2,835.723 $ 807,785 $ 1,827,958 $ 17,636,250
8 $ 2,835,723 $ 731,904 $ 1,903.819 $ 15,732,432
9 $ 2,835,723 $ 852,898 $ 1,962,827 $ 13,749,804
10 $ 2,835,723 $ 570,809 $ 2,085,114 $ 11,864,490
11 $ 2,835,723 $ 464,906 $ 2,150,817 $ 9,533,873
12 $ 2,835,723 $ 395,647 $ 2,240,076 $ 7,293,598
13 $ 2,835,723 $ 302,684 $ 2,333,039 $ 4,980,559
14 $ 2,835,723 $ 205,883 $ 2,429,880 $ 2,530,699
15 $ 2,835,723 $ 105,024 $ 2,530,899 $ 0
TOTAL $ 39,535,846 ~ $ 29,000,000
BondlLoan Amount $29,000,000 I Schedule 10~
Estimated Annual Interest Rate 5.10%
Payment Period in Years 20
Annual Debt Service Payment $2,346,807
PRINCIPAL
rEM fA'iMErfi !rill!!nI PRINCIPAL ~
1 $ 2.346,807 $ 1.479,000 $ 887,807 $ 28,132,193
2 $ 2,348,807 $ 1,434,742 $ 912,065 $ 27,220,128
3 $ 2.346,807 $ 1,388,227 $ 958,580 $ 25,251,548
4 $ 2.346,807 $ 1,339,339 $ 1,007,468 $ 25,254,081
5 $ 2.346.807 $ 1,287,958 $ 1,058,649 $ 24,195,232
6 $ 2.346.807 $ 1,233,957 $ 1,112,850 $ 23,082,382
7 $ 2.346,807 $ 1,177,201 $ 1,189,605 $ 21,912,m
8 $ 2,346,807 $ 1,117,552 $ 1,229,255 $ 20,883,522
9 $ 2,346,807 $ 1,054,860 $ 1,291,947 $ 19,391,575
10 $ 2,346,807 $ 988,970 $ 1,357,836 $ 18,033,738
11 $ 2,348,807 $ 919,721 $ 1,427,088 $ 16,806,852
12 $ 2,346,807 $ 846,939 $ 1,499,867 $ 15,108,785
13 $ 2,346,807 $ 770,4<18 $ 1,578,361 $ 13,530,424
14 $ 2,346,807 $ 690,052 $ 1,856,755 $ 11,673,889
15 $ 2,346,807 $ 605,557 $ 1,741,250 $ 10,132,420
16 $ 2,348,807 $ 518,753 $ 1,830,053 $ 8,302,386
17 $ 2,346,807 $ 423,421 $ 1,923,388 $ 8,376,980
18 $ 2,346,807 $ 325,328 $ 2,021,479 $ 4,357,502
19 $ 2,346,807 $ 222,233 $ 2,124,574 $ 2,232,927
20 $ 2,346,807 $ 113,879 $ 2,232,927 $ 0
TOTAL $ 46,936,134 $ 17,936,134 $ 29,000,000
2/1112009
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Proposed Mixed Use Development
February 1, 2009
At;r411.14tn..ooll
8fl"rn-o~ BEACH B<HII.t.VAU
OPTION 1
376 Units / 7 Stories
85' Max Height
15,530 sq. ft. Retail
OPTION 2
316 Units / 6 Stories
75' Max Height
15,530 sq. ft. Retail
OPTION 3
OPTION 4
256 Units / 5 Stories
65' Max Height
15,530 sq. ft. Retail
196 Units / 4 Stories
55' Max Height
15,530 sq. ft. Retail
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER':;
REPORT
ITEM B
Requested City Commissiun Date Final Form Must be Turned Requested City Commission Date Final FOIlTI Must be Turned
Meeting Dates in to City Clerk's Officc ~1eeting Dates in to City Clerk's Office
0 December 16, 20u8 December 1,2008 (Noon) ~ FebrualY 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15, 2008 (Noon) D March 3. 2009 February 17,2009 (Noon)
0 J~nuary 20, 2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16, 2009 (Noon)
0 Anno un c em ents/Presen tati on s ~ 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 [J
RECOMMENDATION: Accept memorandum from Jim Cherof, City Attorn~y, regarding the nE. 12tl1 Avenue Dock.
EXPLANATION: This issue initiall)' came before the City Commission on August 5, 2008, ]n the attached memorandum
d:lted February] 0, 2009, the City Attorney makes rccommendCltion on the disposition of the N. E. ] 2tl1 A venue Dock.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: NiA
ALTERNATIVES: Not accept memorandum.
1
I ~'
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....-1.~ J f,~., .' 1.', 'reI'
____~,14~. _J''/s._
City lanager's Signature
(1 (4, l
Assist,,;lt to City Manager ~fi/v~
Department Bead's Signature
Department Name
City l\ttorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQl JEST FORM.DOC
CITY OF BOYNTON BEACH
INTER-OFFICE MEMORANDUM
TO:
Mayor Jerry Taylor
Members of the City Commission
CC:
Kurt Bressner, City Manager
James A. Cherof, City Attorney ~
N .E. 12th Avenue Dock
FROM:
RE:
DATE:
February 10, 2009
This matter initially came before the City Commission in August, 2008 and included a staff
recommendation for the removal of a boat dock in the City-owned public road right of way on NE
12th Avenue. That terminology lends some confusion to the review since the area in question is a
canal and not a public road. It is correct to state that the area in question falls within a right of way
that once ran through the area that is now a man-made canal.
We have reviewed both public and City records to determine whether there are any
prohibitions of record that would prohibit the City from abandoning the right of way from the
eastern edge of the seawall eastward (the canal). We have found no legal document that would
prohibit the abandonment of the canal. That leaves only one obstacle to abandonment; the legal
standard applicable to abandonments requires that the City Commission make a factual
determination that the right of way no longer serves any public purpose. Although an early staff
document indicates that the dock was installed to allow for service and an inspection of the seawall
periodically as well as the backfill to the lift station, that usage no longer seems necessary.
In staffs August 5, 2008 agenda cover sheet, staff recommended the removal of the boat
dock. I concur with that recommendation but only in conjunction with abandonment of the canal.
Removal of the dock also removes any liability issues if it were to remain in place. My
recommendation would be modified if the City were able to obtain sufficient indemnification and
hold harmless agreements from the property owners who would benefit from the abandonment.
Unfortunately, there seems to be competing interests in both the canal portion of the right of way
and the dock and it may be difficult to obtain indemnification and hold harmless agreements while
various interested parties trade claims and compete for interest in both the canal and the dock. If the
Page 1 of2
s:\ca\memorandum\comm (ne 12th aye boat dock).doc
interested parties work it out the City could sell the dock to whoever desires it, conditioned on the
mentioned indemnification and hold hannless.
Page :2 0J'2
s:\ca\memorandum\colTIm (nc 12th ave boat clock).dllC
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KII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 16, 2008
o January 6, 2009
o January 20, 2009
~ February 3, 2009 .
P, rs-l &-a.d.lIl;r
December 15,2008 (Noon)
~ February 17, 20j}9 '
5b.,,-,,,,d /JlliLcf'''"';r
o March 3, 2009
February 2, 2009 (Noon)
December 1,2008 (Noon)
February 17,2009 (Noon)
January 5, 2009 (Noon)
o March 17,2009
o April 7, 2009
March 2,2009 (Noon) 0
\.C
"-
March 16, 2009 (No~n)s:
N
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January 19,2009 (Noon)
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D
D
IX!
o
o
City Manager's Report
New Business
-0
::J:
(..)
Legal - Ordinance - FirskRea
Unfinished Business
RECOMMENDATION:
Staff recommends that the City of Boynton Beach adopt the proposed revisions to the Boynton Beach Administrative
Amendments to the 2007 Florida Building Code.
EXPLANATION:
To meet the requirements of Florida Statute 553, allowing contractors and developers that work in Palm Beach County to
have greater consistency in code application when performing work in the City of Boynton Beach.
PROGRAM IMP ACT: None
FISCAL IMP ACT: None
ALTERNATIVES: Apply the Florida Building Code without the Administrative Amendments tailored to the specific
requirements of the City 0 Boynton Beach.
~
City Manager's SignatUre
Assistant to City Manager ~
Quin
Department of Development
Department Name
City Attorney / Finance
S:\Development\AdministrationICC [moved to Laserfiche]\Agenda Items\2009lAgenda Item 2-3 SB FBC Amendments.doc
ORDINANCE NO. 09- O/~,.
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA; PROVIDING
5 FOR THE ADOPTION OF THE BOYNTON BEACH
6 ADMINISTRATIVE AMENDMENTS TO THE 2007
7 FLORIDA BUILDING CODE, AND AMENDMENTS
8 THERETO: PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
]0 DATE.
1 ]
12 WHEREAS, pursuant to Chapter 553.73. Florida Statutes. the City Commission may
] 3 adopt amendments to the administrative provisions of the Florida Building Code. subject to
14 the limitations in said statute; and
15
WHEREAS, previously on October 1 7. 2006. the City Commission adopted
]6 Administrative Amendments to the 2004 Florida Building Code, Gas Mechanical and
17 Plumbing Codes, 2004 Edition, and the 2005 National Electric Code; and
] 8 WHEREAS, the City Commission hereby adopts the revisions to the Administrative
] 9 Amendments to the 2007 Florida Building Code, such revisions are attached hereto as Exhibit
20 "A", and incorporated herein by reference; and
21 WHEREAS, such amendments must be transmitted to the State within 30 days after
22 enactment of the amendments.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratiiied
25
26 and confirmed by the City Commission.
27
Section 2.
That the Boynton Beach Administrative Amendments to the 2007
28 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit
29 "A", which is attached hereto and incorporated herein by reference
30
Section 3.
That ordinances or parts of ordinances in conilict herewith be and the
S:\CAIOrdinanceslAmendments to Building Code (2007H2009 RevlslOnl.dpc
same are hereby repealed, provided that in the event of a conflict with respect to the
2 administration of the building codes, existing administrative laws or rules of the City shall
3 control.
4
Section 4.
Should any section or provlSlon of this Ordinance or any portion
5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
6 affect the remainder of this Ordinance.
7
Section 5.
Authority is hereby given to codify this Ordinance.
8
Section 6.
This Ordinance shall become effective immediately.
9
10
FIRST READING this _ day of
,2009.
I I
12
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 ATTEST:
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37 (City Seal)
38
39
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:\CA\Ordinances\Amendments to Building Code (2007)(2009 Revision).doc
BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
2007 FLORIDA BUILDING CODE
ORDINANCE NO. 09-
EFFECTIVE , 2009
BEGINNING WITH PERMIT NO. 09-
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Blvd.
PO Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6350 FAX (561) 742-6357
TABLE OF CONTENTS
ADMINISTRATIVE CODE
(Applies to all Construction Codes)
CHAPTER 1 ADMINISTRATION
SECTION Page
101 GENERAL 3
102 APPLICABILITY 5
103 RESERVED 9
104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 9
105 PERMITS 15
106 CONSTRUCTION DOCUMENTS 25
107 TEMPORARY STRUCTURES AND USES 35
108 FEES 36
109 INSPECTIONS 38
110 CERTIFICATES AND BUILDING USE 45
111 SERVICE UTILITIES 47
112 BUILDING BOARD OF ADJUSTMENT & APPEALS 48
113 RESERVED 51
114 STOP WORK 51
115 RESERVED 52
2
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building
Code, hereinafter referred to as "this code."
101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, enlargement, replacement, repair,
equipment, use and occupancy, location, maintenance, removal and
demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures as herein
amended by this jurisdiction.
Exceptions:
1. Detached one and two-family dwellings and multiple single-
family dwellings (town houses) not more than three stories
above grade plane in height with a separate means of
egress and their accessory structures shall comply with the
Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or addition
and change of occupancy shall comply with Chapter 34 of this
code.
101.2.1 Appendices. Provisions in the appendices shall not
apply unless specifically adopted.
101.3 Intent. The purpose of this code is to establish the minimum
requirements to safeguard the public health, safety and general
welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy
conservation, and safety to life and property from fire and other
hazards attributed to the built environment and to provide
safety to fire fighters and emergency responders during emergency
operations.
101.3.1 Quality control. Quality control of materials and
workmanship is not within the purview of this code except as it
relates to the purposes stated herein.
101.3.2 Permitting, plan review and inspection. The
permitting, plan review or inspection of any building, system or
plan by this jurisdiction, under the requirements of this code,
shall not be construed in any court as a warranty of the physical
condition of such building, system or plan or their adequacy. This
3
jurisdiction shall not be liable in tort for damages or hazardous
or illegal condition or inadequacy in such building, system or
plan, nor for any failure of any component of such, which may
occur subsequent to such inspection or permitting. Further, no
Building Department employee shall be liable in tort for damages
from such conditions, in accordance with Section 768.28(9)(a),
Florida Statutes, as may be amended.
101.4 Referenced codes. The other codes listed in Sections 101.4.1
through 101.4.9 and referenced elsewhere in this code shall be
considered part of the requirements of this code to the prescribed
extent of each such reference. The Land Development Regulations of
the Boynton Beach Code of Ordinances as adopted by Ordinance 95-
02, and subsequent amendments, shall set forth additional
construction standards.
101.4.1 Electrical. The provisions of Chapter 27 of the Florida
Building Code, Building shall apply to the installation of electrical
systems, including alterations, repairs, replacement, equipment,
appliances, fixtures, fittings and appurtenances thereto.
101.4.2 Gas. The provisions of the Florida Building Code, Fuel
Gas shall apply to the installation of gas piping from the point of
delivery, gas appliances and related accessories as covered in
this code. These requirements apply to gas piping systems
extending from the point of delivery to the inlet connections of
appliances and the installation and operation of residential and
commercial gas appliances and related accessories.
101.4.3 Mechanical. The provisions of the Florida Building
Code, Mechanical shall apply to the installation, alterations,
repairs and replacement of mechanical systems, including
equipment, appliances, fixtures, fittings and/or appurtenances,
including ventilating, heating, cooling, air-conditioning and
refrigeration systems, incinerators and other energy-related
systems.
101.4.4 Plumbing. The provisions of the Florida Building Code,
Plumbing shall apply to the installation, alteration, repair and
replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a
medical gas system.
4
101.4.5 Reserved.
101.4.6 Fire prevention. For provisions related to fire
prevention, refer to the Florida Fire Prevention Code and the City
of Boynton Beach Code of Ordinances~ Chapter 9 - Fire
Protection and Prevention. The Florida Fire Prevention Code shall
apply to matters affecting or relating to structures, processes
and premises from the hazard of fire and explosion arising from
the storage, handling or use of structures, materials or devices;
from conditions hazardous to life, property or public welfare in
the occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal of fire
suppression and alarm systems or fire hazards in the structure
or on the premises from occupancy or operation.
101.4.7 Energy. The provisions of Chapter 13 of the Florida
Building Code~ Building shall apply to all matters governing the
design and construction of buildings for energy efficiency.
101.4.8 Accessibility. For provisions related to accessibility,
refer to Chapter 11 of the Florida Building Code, Building.
101.4.9 Manufactured buildings. For additional administrative
and special code requirements, see Section 428, Florida Building
Code, Building, and Rule 9B-1 F.A.C.
SECTION 102
APPLICABILITY
102.1 General. Where, in any specific case, different sections of this
code specify different materials, methods of construction or other
requirements, the most restrictive shall govern. Where there is a
conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
102.1.1 The Florida Building Code does not apply to, and no
code enforcement action shall be brought with respect to, zoning
requirements, land use requirements and owner specifications or
programmatic requirements vvhich do not pertain to and govem
the design, construction, erection, alteration, modification, repair
or demolition of public or private buildings, structures or facilities
or to programmatic requirements that do not pertain to
5
enforcement of the Florida Building Code. Additionally, a local
code enforcement agency may not administer or enforce the
Florida Building Code, Building to prevent the siting of any
publicly owned facility, including, but not limited to, correctional
facilities, juvenile justice facilities, or state universities,
community colleges, or public education facilities, as provided by
law. In addition to the requirements of this code, there may be
regulations by other agencies affecting details of development,
building design and construction..
102.2 Building. The provisions of the Florida Building Code shall
apply to the construction, erection, alteration, modification, repair,
equipment, use and occupancy, location, maintenance, removal and
demolition of every public and private building, structure or facility or
floating residential structure, or any appurtenances connected or
attached to such buildings, structures or facilities. Additions,
alterations, repairs and changes of use or occupancy group in all
existing buildings and structures shall comply with the provisions
provided in Chapter 34 of this code. The following buildings, structures
and facilities are exempt from the Florida Building Code as provided by
law, and any further exemptions shall be as determined by the
legislature and provided by law:
(a) Building and structures specifically regulated and preempted
by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for
construction purposes.
(e) Mobile or modular structures used as temporary offices,
except that the provisions of Part II, Section 553.501-553.513,
Florida Statutes, relating to accessibility by persons with
disabilities shall apply to such mobile or modular structures.
Permits shall be required for structural support and tie down,
electric supply and all utility connections.
(f) Those structures or facilities of electric utilities, as defined in
Section 366.02, Florida Statutes, which are directly involved in
the generation, transmission, or distribution of electricity.
6
(g) Temporary sets, assemblies, or structures used in
commercial motion picture or television production, or any
sound-recording equipment used in such production, on or
off the premises.
(h) Chickees constructed by the Miccosukee Tribe of
Indians of Florida or the Seminole Tribe of Florida. As used
in this paragraph, the term "chickeel/ means an open-sided
wooden hut that has a thatched roof of palm or palmetto
or other traditional materials, and that does not
incorporate any electrical, plumbing, or other non-wood
features.
102.2.1 In addition to the requirements of Section 553.79
and 553.80, Florida Statutes, facilities subject to the
provisions of Chapter 395, Florida Statutes, and Part II of
Chapter 400, Florida Statutes, shall have facility plans reviewed
and construction surveyed by the state agency authorized to do
so under the requirements of Chapter 395, Florida Statutes, and
Part II of Chapter 400, Florida Statutes, and the certification
requirements of the federal government.
102.2.2 Residential buildings or structures moved into or within
a county or municipality shall not be required to be brought into
compliance with the state minimum building code in force at the
time the building or structure is moved, provided:
1. The building or structure is structurally sound for
wind speed requirements of the new location
and in occupiable condition for its intended use;
2. The occupancy use classification for the building
or structure is not changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and
egress are met;
5. Electrical, gas and plumbing systems meet the
codes in force at the time of construction
and are operational and safe for reconnection;
and
7
6. Foundation plans are sealed by a professional
engineer or architect licensed to practice in this
state, if required by the Florida Building Code, Buildings
for all residential buildings or structures of the same
residential occupancy class.
102.2.3 The building official shall apply the same standard to a
moved residential building or structure as that applied to the
remodeling of any comparable residential building or structure to
determine whether the moved structure is substantially
remodeled.
The cost of the foundation on which the moved building or
structure is placed shall not be included in the cost of remodeling
for purposes of determining whether a moved building or
structure has been substantially remodeled.
102.2.4 This section does not apply to the jurisdiction and
authority of the Department of Agriculture and Consumer
Services to inspect amusement rides or the Department of
Financial Services to inspect state-owned buildings and boilers.
102.2.5 Each enforcement district shall be governed by a board,
the composition of which shall be determined by the affected
localities. At it's own option, the enforcement district / local
enforcement agency (the City of Boynton Beach Building
Division) grants to the owners of any single-family residence the
following exemption from the Florida Building Code:
1. The installation of one (1) accessory building (tool shed,
etc.) per lot, with the accessory building having a size less than
or equal to 100 square feet.
This code exemption, as defined by this section, shall be
certified to the local board 10 days prior to implementation and
shall be effective only in the territorial jurisdiction of the
enforcement district / local enforcement agency implementing it.
102.2.6 This section does not apply to swings and other
playground equipment accessory to a one- or two-family
dwelling.
Exception: Electrical service to such playground equipment
shall be in accordance with Chapter 27 of this code.
8
102.3 Application of references. References to chapter or section
numbers, or to provisions not specifically identified by number, shall
be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards
referenced in this code shall be considered part of the requirements of
this code to the prescribed extent of each such reference. Where
differences occur between provisions of this code and referenced codes
and standards, the provisions of this code shall apply.
102.5 Reserved.
102.6 Existing structures. The legal occupancy of any structure
existing on the date of adoption of this code shall be permitted to
continue without change, except as is specifically covered in this code,
or the Florida Fire Prevention Code, or as is deemed necessary by the
building official for the general safety and welfare of the occupants and
the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not
constitute an alteration.
(2) A relocated building shall comply with wind speed
requirements of the new location, using the appropriate wind
speed map. If the existing building was manufactured in
compliance with the Standard Building Code (prior to March 1,
2002), the wind speed map of the Standard Building Code shall
be applicable. If the existing building was manufactured in
compliance with the Florida Building Code (after March 1, 2002),
the wind speed map of the Florida Building Code shall be
applicable.
SECTION 103
Reserved
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
9
104.1 General. The building official is hereby authorized and directed
to enforce the provisions of this code. The building official is further
authorized to render interpretations of this code, which are consistent
with its spirit and purpose.
104.2 Right of entry
104.2.1 Whenever necessary to make an inspection to enforce
any of the provisions of this code, or whenever the building
official has reasonable cause to believe that there exists in any
building or upon any premises any condition or code violation
which makes such building, structure, premises, electrical, gas,
mechanical or plumbing systems unsafe, dangerous or
hazardous, the building official may enter such building,
structure or premises at all reasonable times to inspect the same
or to perform any duty imposed upon the building official by this
code. If such building or premises are occupied, he/she shall first
present proper credentials and request entry. If such building,
structure, or premises are unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having
charge or control of such and request entry. If entry is refused,
the building official shall have recourse to every remedy
provided by law to secure entry.
104.2.2 When the building official shall have first obtained a
proper inspection warrant or other remedy provided by law to
secure entry, no owner or occupant or any other persons having
charge, care or control of any building, structure, or premises
shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the building official
for the purpose of inspection and examination pursuant to this
code.
104.3 Stop work orders. Upon notice from the building official, work
on any building, structure, electrical, gas, mechanical or plumbing
system that is being done contrary to the provisions of this code or in
a dangerous or unsafe manner, shall immediately cease. Such notice
shall be in writing and shall be given to the owner of the property, or
to their agent, or to the person doing the work, and shall state the
conditions under which work may be resumed. Where an emergency
exists, the building official shall not be required to give a written notice
prior to stopping the work.
10
104.4 Revocation of permits. The building official is authorized to
suspend or revoke a permit issued under the provisions of this code
wherever the permit is issued in error or on the basis of incorrect,
inaccurate or incomplete information, or in violation of any ordinance
or regulation or any provisions of this code.
104.4.1 Misrepresentation of application. The building
official may revoke a permit or approval, issued under the
provisions of this code, when a determination has been made
that a false statement or misrepresentation as to a material fact
in the application or plans has been made, on which the permit
or approval was based.
104.4.2 Violation of code provisions. The building official
may revoke a permit upon determination by the building official
that the construction, erection, alteration, repair, moving,
demolition, installation, or replacement of the building,
structure, electrical, gas, mechanical or plumbing systems for
which the permit was issued is in violation of, or not in
conformity with, the provisions of this code.
104.5 Unsafe buildings or systems. All buildings, structures,
electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a
fire hazard, or are otherwise dangerous to human life, or which in
relation to existing use, constitute a hazard to safety or health, are
considered unsafe buildings or service systems. All such unsafe
buildings, structures or service systems are hereby declared illegal and
shall be abated by repair and rehabilitation or by demolition in
accordance with this Code. The extent of repairs shall be determined
by the building official. When the building official determines that an
unsafe building, structure or service system cannot be reasonably
repaired in accordance with this or the technical codes, it shall be
demolished in accordance with this section.
104.5.1 When the building official determines a building,
structure, electrical, gas, mechanical or plumbing system or
portion thereof is unsafe, as set forth in this Code he/she shall,
in accordance with established procedure for legal notices, give
the owner, agent or person in control of such building, structure,
olortrir:::ll "as mochanic:::l1 or nlllmbin" s"sterY\ '^'ritten nAtico
'-" I '- \"".- "" I 1\....\.01 " ~ , I '- I I II '-" I I fJ I \..11 I I I ~ Y \. I I I Y V I \.. I I I I \J \..1 "-
stating the defects thereof. This notice shall require the owner
within a stated time either to complete specified repairs or
improvements, or to demolish and remove the building,
11
structure, electrical, gas, mechanical or plumbing system or
portion thereof.
104.5.2 If necessary, such notice shall also require the building,
structure, electrical, gas, mechanical, plumbing systems or
portion thereof to be vacated forthwith and not reoccupied until
the specified repairs and improvements are completed, inspected
and approved by the building official. The building official shall
cause to be posted at each entrance to such building a notice
stati ng :
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY
HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.
Such notice shall remain posted until the required repairs are
made or demolition is completed. It shall be unlawful for any
person, firm or corporation or its officers, agents, or other
servants, to remove such notice without written permission of
the building official, or for any person to enter the building, or
use such systems except for the purpose of making the required
repairs or of demolishing same.
104.5.3 The owner, agent or person in control of an unsafe
structure or system shall have the right to appeal the decision of
the building official, as provided hereinafter, and to appear
before the Construction Board of Adjustments and Appeals at a
specified time and place to show cause why he should not
comply with said notice.
104.5.4 In case the owner, agent, or person in control cannot
be found within the stated time limit, or, if such owner, agent, or
person in control shall fail, neglect, or refuse to comply with the
notice to repair, rehabilitate, or to demolish, and remove said
building, structure, electrical, gas, mechanical or plumbing
system or portion thereof, the building official, after having
ascertained the cost, shall cause such building, structure,
electrical, gas, mechanical or plumbing system or portion
thereof, to be demolished, secured, or required to remain vacant
or unused.
104.5.5 The decision of the building official shall be final in
cases of emergency, which, in the opinion of the building official,
involve imminent danger to human life or health, or the property
of others. He/she shall promptly cause such building, structure,
12
electrical, gas, mechanical or plumbing system or portion thereof
to be made safe or cause its removal. For this purpose he/she
may at once enter such structure or land on which it stands, or
abutting land or structures, with such assistance and at such
cost as he may deem necessary. He/she may order the vacating
of adjacent structures and may require the protection of the
public by appropriate fence or such other means as may be
necessary, and for this purpose may close a public or private
way.
104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be
charged to the owner of the premises involved. If charges are
not paid within a ten (10) day period following the billing
notification sent by certified mail, the owner of the premises will
be charged in the following manner:
1. The building official shall assess the entire cost of such
vacation, demolition, or removal against the real property
upon which such cost was incurred, which assessment
shall include but not be limited to all administrative costs,
postal expenses, newspaper publication, and shall
constitute a lien upon such property superior to all others
except taxes.
2. The Clerk of the Circuit Court shall file such lien in the
County's Official Record Book showing the nature of such
lien, the amount thereof and an accurate legal description
of the property, including the street address, which lien
shall be effective from the date of filing and recite the
names of all persons notified and interested persons. After
three (3) months from the filing of any such lien which
remains unpaid, the governing body may foreclose the lien
in the same manner as mortgage liens are foreclosed.
Such lien shall bear interest from date of abatement of
nuisance at the rate of ten (10) percent per annum and
shall be enforceable if unsatisfied as other liens may be
enforced by the governing agency.
104.6 Requirements not covered by code. Any requirements
necessary for the strength, stability or proper operation of an existing
or proposed building, structure, electrical, gas, mechanical or plumbing
system, or for the public safety, health and general welfare, not
specifically covered by this or the other technical codes, shall be
determined by the building official. In addition, other requirements to
implement, clarify or set procedures to accomplish the intent of this
13
code may be set in writing by the building official and may be posted
electronically for public access.
104.7 Reserved.
104.8 Reserved.
104.9 Approved materials and equipment. Materials, equipment
and devices approved by the building official shall be constructed and
installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used
materials that meet the requirements of this code for new
materials is permitted. Used equipment and devices shall not be
reused unless approved by the building official.
104.10 Reserved.
104.11 Alternative materials, design and methods of
construction and equipment. The provisions of this code are not
intended to prevent the installation of any material or to prohibit
any design or method of construction not specifically prescribed by this
code, provided that any such alternative has been approved. An
alternative material, design or method of construction shall be
approved where the building official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code,
and that the material, method or work offered is, for the purpose
intended, at least the equivalent of that prescribed in this code in
quality, strength, effectiveness, fire resistance, durability and safety.
When alternate life safety systems are designed, the SFPE Engineering
Guide to Performance-Based Fire Protection Analysis and Design of
Buildings, or other methods approved by the building official, may be
used. The building official shall require that sufficient evidence or proof
be submitted to substantiate any claim made regarding the
alternative.
104.11.1 Research reports. Supporting data, where necessary
to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid
research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of
compliance with the provisions of this code, or evidence that a
material or method does not conform to the requirements of
14
this code, or in order to substantiate claims for alternative
materials or methods, the building official shall have the
authority to require tests as evidence of compliance to be made
at no expense to the jurisdiction. Test methods shall be as
specified in this code or by other recognized test standards. In
the absence of recognized and accepted test methods, the
building official shall approve the testing procedures. Tests shall
be performed by an approved agency. Reports of such tests shall
be retained by the building official for the period reqUired for
retention of public records.
104.11.3 Accessibility. Alternative designs and technologies
for providing access to and usability of a facility for persons with
disabilities shall be in accordance with Section 11-2.2.
SECTION 105
PERMITS
105.1 Required. Any owner or authorized agent who intends to
construct, enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any required impact-
resistant coverings, electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to
the building official and obtain the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit
for each alteration to an existing electrical, gas, mechanical,
plumbing or interior nonstructural office system(s), the building
official is authorized to issue an annual permit for any occupancy
to facilitate routine or emergency service, repair, refurbishing,
minor renovations of service systems or manufacturing
equipment installations/relocations. The building official shall be
notified of major changes and shall retain the right to make
inspections at the facility site as deemed necessary. An annual
facility permit shall be assessed with an annual fee and shall be
\/::>!I'd Fr'\r r'\ne "ear frr'\m rlate r'\f /"55' 'anre A Sap::>r::>t-e permit chall
V '-'I IV VII Y I IV II \,.of VI U 11\".0. '-' \.oIIV~ "'It\. ...71' II
be obtained for each facility and for each construction trade, as
applicable. The permit application shall contain a general
15
description of the parameters of work intended to be performed
during the year.
105.1.2 Annual permit records. The person to whom an
annual permit is issued shall keep a detailed record of alterations
made under such annual permit. The building official shall have
access to such records at all times or such records shall be filed
with the building official as designated.
105.1.3 Food permit. As per Section 500.12, Florida Statutes,
a food permit from the Department of Agriculture and Consumer
Services is required of any person who operates a food
establishment or retail store.
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation
of the provisions of this code. Permits may not be required for
the following:
Building:
1. Replacement or repair work having value of less than
$1,500.00, providing, however, that such work will not
affect the structural integrity, fire rating, exit access or
egress requirements. In the case of roofing repairs, a
permit may not be required for work having a value of
less than $500, unless such work effects the structural
integrity of the roof.
2. The installation of one (1) accessory building (tool shed,
etc.) per single family residence / lot, with the
accessory building having a size less than or equal to
100 square feet.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter
approval of the equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any
16
heating or cooling equipment regulated by this code.
5. Replacement of any part which does not alter its
approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10
pounds (4.54 kg) or less of refrigerant and actuated by
motors of i-horsepower (746 W) or less.
8. The installation, replacement, removal or metering of
any load management control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or
vent pipe provided, however, that if any concealed trap,
drain pipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered
as new work and a permit shall be obtained and inspection
made as provided by this code.
2. The clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures, and the removal and
reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of
valves, pipes or fixtures.
3. The repair, installation or replacement of minor
plumbing fixtures to existing supply and drain lines in one
and two-family dwelling units. This exemption does not
include water heaters, bathtubs or showers.
105.2.1 Emergency repairs. Where equipment replacements
and repairs must be performed in an emergency situation, the
permit application shall be submitted within the next working
business day to the building official.
105.2.2 Minor repairs. Ordinary minor repairs or installation of
replacement parts may be made with the approval of the
building official without a permit, provided the repairs do not
include the cutting away of any wall, partition or portion thereof,
the removal or cutting of any structural beam or load-bearing
support, or the removal or change of any required means of
egress, or rearrangement of parts of a structure affecting the
egress requirements; additionally; ordinary minor repairs shall
not include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader,
gas, soil, waste, vent or similar piping, electric wiring systems or
17
mechanical equipment or other work affecting public health or
general safety, and such repairs shall not violate any of the
provisions of the technical codes.
105.2.3 Temporary structures. A special building permit for a
6 month time period may be required before the erection of
temporary structures such as canopies, tents and fences used in
construction work or for temporary purposes such as reviewing
stands. Such structures shall be completely removed upon the
expiration of the 6 month time limit.
105.3 Application for permit. To obtain a permit, the applicant shall
first file an application therefore in writing on a form furnished by the
building department for that purpose. Permit application forms shall be
in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and
(6), Florida Statutes.
Each application shall be inscribed with the date of application,
and the code in effect as of that date. For a building permit for which
an application is submitted prior to the effective date of the latest
edition of Florida Building Code, the state minimum building code in
effect in the permitting jurisdiction on the date of the application
governs the permitted work for the life of the permit and any
extension granted to the permit.
105.3.1 Action on application. The building official shall
examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the
application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject
such application in writing, stating the reasons therefore. If the
building official is satisfied that the proposed work conforms to
the requirements of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefore as
soon as practicable. When authorized through contractual
agreement with a school board, in acting on applications for
permits, the building official shall give first priority to any
applications for the construction of, or addition or renovation to,
any school or educational facility.
105.3.1.1 If a state university, state community college or
public school district elects to use a local government's
code enforcement offices, fees charged by counties and
18
municipalities for enforcement of the Florida Building Code
on buildings, structures, and facilities of state universities,
state colleges, and public school districts shall not be more
than the actual labor and administrative costs incurred for
plans review and inspections to ensure compliance with the
code.
105.3.1.2 No permit may be issued for any building
construction, erection, alteration, modification, repair, or
addition unless the applicant for such permit provides to
the enforcing agency which issues the permit any of the
following documents which apply to the construction for
which the permit is to be issued and which shall be
prepared by or under the direction of an engineer
registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or
addition which requires a plumbing system with
more than 250 fixture units or which costs more than
$50,000.
2. Fire sprinkler documents for any new building or
addition that includes a fire sprinkler system which
contains 50 or more sprinkler heads. A Contractor I,
Contractor II, or Contractor IV, certified under
Section 633.521 Florida Statutes, may design a fire
sprinkler system of 49 or fewer heads and may
design the alteration of an existing fire sprinkler
system if the a Iteration consists of the relocation,
addition or deletion of not more than 49 heads,
notwithstanding the size of the existing fire sprinkler
system.
3. Heating, ventilation, and air-conditioning
documents for any new building or addition that
requires more than a 15-ton-per-system capacity
that is designed to accommodate 100 or more
persons or for which the system costs more than
$50,000. This paragraph does not include any
document for the replacement or repair of an
existing system in which the work does not require
altering a structural part of the building or for work
on a residential one; two, three or four-family
structure.
19
An air-conditioning system may be designed by an
installing air-conditioning contractor certified under
Chapter 489, Florida Statutes, to serve any building
or addition which is designed to accommodate fewer
than 100 persons and requires an air-conditioning
system with a value of $50,000 or less; and when a
15-ton-per system or less is designed for a singular
space of a building and each 15-ton system or less
has an independent duct system. Systems not
complying with the above require design documents
that are to be sealed by a professional engineer.
Example 1: When a space has two 10-ton systems
with each having an independent duct system, the
contractor may design these two systems since each
unit (system) is less than 15 tons.
Example 2: Consider a small single-story office
building that consists of six individual offices where
each office has a single three-ton package air
conditioning heat pump. The six heat pumps are
connected to a single water-cooling tower. The
cost of the entire heating, ventilation and air-
conditioning work is $47,000 and the office building
accommodates fewer than 100 persons. Because the
six mechanical units are connected to a common
water tower this is considered to be an 18-ton
system. A mechanical or air conditioning contractor
therefore could not design it.
Note: It was further clarified by the Florida Building
Commission that the limiting criteria of 100 persons
and $50,000 apply to the building occupancy load
and the cost for the total air-conditioning system of
the building.
4. Any specialized mechanical, electrical, or plumbing
document for any new building or addition which
includes a medical gas, oxygen, steam, vacuum,
toxic air filtration, halon, or fire detection and alarm
system which costs more than $5,000.
Documents requiring an engineer seal by this part shall not be
valid unless a professional engineer who possesses a valid
20
certificate of registration has signed, dated, and stamped such
document as provided in Section 471.025, Florida Statutes,
105.3.2 Time limitation of application. An application for a
permit for any proposed work shall be deemed to have been
abandoned, becoming null and void, 180 days after the date of
filing, unless such application has been pursued in good faith or
a permit has been issued; except that the building official is
authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each not to exceed three
extensions. After the third extension, appeal may be made to the
Building Board of Adjustment and Appeals for any additional
extensions. The extension shall be requested in writing and
justifiable cause demonstrated,
105.3.3 An enforcing authority may not issue a building permit
for any building construction, erection, alteration, modification,
repair or addition unless the permit either includes on its face or
there is attached to the permit the following statement:
"NOTICE: In addition to the requirements of this permit, there
may be additional restrictions applicable to this property that
may be found in the public records of this county, and there may
be additional permits required from other governmental entities
such as water management districts, state agencies, or federal
agencies. ff
105.3.4 A building permit for a single-family residential dwelling
must be issued within 30 working days of application therefore
unless unusual circumstances require a longer time for
processing the application or unless the permit application fails
to satisfy the Florida Building Code or the enforcing agency's
laws or ordinances.
105.3.5 Identification of minimum premium policy. Except
as otherwise provided in Chapter 440, Florida Statutes, Workers!
Compensation, every employer shall, as a condition to receiving
a building permit, show proof that it has secured compensation
for its employees as provided in Section 440.10 and 440.38,
Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of
asbestos-containing materials on a residential building where the
owner occupies the building, the building is not for sale or lease,
21
and the work is performed according to the owner-builder
limitations provided in this paragraph. To qualify for exemption
under this paragraph, an owner must personally appear and sign
the building permit application. The permitting agency shall
provide the person with a disclosure statement in substantially
the following form:
Disclosure Statement: State law requires asbestos abatement to
be done by licensed contractors. You have applied for a permit
under an exemption to that law. The exemption allows you, as
the owner of your property, to act as your own asbestos
abatement contractor even though you do not have a license.
You must supervise the construction yourself. You may move,
remove or dispose of asbestos-containing materials on a
residential building where you occupy the building and the
building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building
within one year after the asbestos abatement is complete, the
law will presume that you intended to sell or lease the property
at the time the work was done, which is a violation of this
exemption. You may not hire an unlicensed person as your
contractor. Your work must be done according to all local, state
and federal laws and regulations, which apply to asbestos
abatement projects. It is your responsibility to make sure that
people employed by you have licenses required by state law and
by county or municipal licensing ordinances.
105.4 Conditions of the permit.
105.4.1 Permit intent. A permit issued shall be constructed to
be a license to proceed with the work and not as authority to
violate, cancel, alter or set aside any of the provisions of the
technical codes, nor shall issuance of a permit prevent the
building official from thereafter requiring a correction of errors in
plans, construction or violations of this code. Every permit issued
shall become invalid unless the work authorized by such permit
is commenced within 6 months after its issuance, or if the work
authorized by such permit is suspended or abandoned for a
period of six months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is
revoked, becomes null and void, or expires because of lack
of progress or abandonment, a new permit covering the
22
proposed construction shall be obtained before proceeding
with the work.
105.4.1.2 If a new permit is not obtained within 180 days
from the date the initial permit became null and void, the
building official is authorized to require that any work that
has been commenced or completed be removed from the
building site. Alternately, a new permit may be issued on
application, providing the work in place and required to
complete the structure meets all applicable regulations in
effect at the time the initial permit became null and void
and any regulations which may have become effective
between the date of expiration and the date if issuance of
the new permit.
105.4.1.3 Work shall be considered to be in active
progress when the permit has received an approved
inspection within 180 days. This provision shall not be
applicable in case of civil commotion or strike or when the
building work is halted due directly to judicial injunction,
order or similar process. The building official is authorized
to grant, in writing, one or more extensions of time, for
periods not more than 90 days each. The extension shall
be requested in writing and justifiable cause
demonstrated, prior to expiration.
105.4.1.4 The fee for renewal re-issuance of a permit
shall be set forth by the administrative authority.
105.5 Reserved.
105.6 Reserved.
105.7 Placing of permit. The building permit or copy shall be kept
on the site of the work and protected from the weather until the
completion of the project
105.8 Notice of commencement. As per Section 713.135, Florida
Statutes, when any person applies for a building permit, the authority
issuing such permit shall print on the face of each permit card in no
less than 18-point, capitalized, boldfaced type:
"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
23
IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT."
105.9 Asbestos. The enforcing agency shall require each building
permit or plan for the demolition or renovation of an existing structure
to contain an asbestos notification statement which indicates the
owner's or operator's responsibility to comply with the provisions of
Section 469.003, Florida Statutes, and to notify the Department of
Environmental Protection of his or her intentions to remove asbestos,
when applicable, in accordance with state and federal law.
105.10 Certificate of protective treatment for prevention of
termites. A weather-resistant job-site posting board shall be provided
to receive duplicate treatment certificates as each required protective
treatment is completed, providing a copy for the person the permit is
issued to and another copy for the building permit files. The treatment
certificate shall provide the product used, identity of the applicator,
time and date of the treatment, site location, area treated, chemical
used, percent concentration and number of gallons used, to establish a
verifiable record of protective treatment. If the soil chemical barrier
method for termite prevention is used, final exterior treatment shall be
completed prior to final building approval.
105.11 Notice of termite protection. A permanent sign which
identifies the termite treatment provider and need for re-inspection
and treatment contract renewal shall be provided. The sign shall be
posted near the water heater or electric panel.
105.12 Work starting before permit issuance.
Upon approval of the building official, the scope of work delineated in
the building permit application and plan may be started prior to the
final approval and issuance of the permit, provided any work
completed is entirely at risk of the permit applicant and the work does
not proceed past the first required inspection.
105.13 Foundation or phased permit approval. After submittal of
the appropriate construction documents, the building official is
authorized to issue a permit for the construction of foundations or any
other part of a building or structure before the construction documents
for the whole building or structure have been submitted. The holder of
such permit for the foundation or other parts of a building or structure
shall proceed at the holder's own risk with the building operation and
without assurance that a permit for the entire structure will be
24
granted. Corrections may be required to meet the requirements of the
technical codes.
105.14 Permit issued on basis of an affidavit.
Whenever a permit is issued in reliance upon an affidavit or whenever
the work to be covered by a permit involves installation under
conditions which, in the opinion of the building official, are hazardous
or complex, the building official shall require that the architect or
engineer who signed the affidavit or prepared the drawings or
computations shall supervise such work. In addition, they shall be
responsible for conformity to the permit, provide copies of inspection
reports as inspections are performed, and upon completion make and
file with the building official written affidavit that the work has been
done in conformity to the reviewed plans and with the structural
provisions of the technical codes. In the event such architect or
engineer is not available, the owner shall employ in his stead a
competent person or agency whose qualifications are reviewed by the
building official. The building official shall ensure that any person
conducting plans review is qualified as a plans examiner under Part XII
of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part III of Chapter
468, Florida Statutes.
SECTION 106
CONSTRUCTION DOCUMENTS
106.1 Submittal documents. Construction documents, a statement
of special inspections and other data shall be submitted in two or more
sets with each application for a permit. The construction documents
shall be prepared by a design professional where required by the
statutes. Where special conditions exist, the building official is
authorized to require additional construction documents to be
prepared by a design professional.
Exception: The building official is authorized to waive the
submission of construction documents and other data not
required to be prepared by a registered design professional jf
it is found that the nature of the work applied for is such that
review of construction documents is not necessary to obtain
compliance with this code.
If the design professional is an architect or engineer legally
registered under the laws of this state regulating the practice of
architecture as provided for in Chapter 481, Florida Statutes,
25
Part I, or engineering as provided for in Chapter 471, Florida
Statutes, then he or she shall affix
his or her official seal, signature and date to said drawings,
specifications and accompanying data, as required by Florida
Statute. If the design professional is a landscape architect
registered under the laws of this state regulating the practice of
landscape architecture as provided for in Chapter 481, Florida
Statutes, Part II, then he or she shall affix his or her seal,
signature and date to said drawings, specifications and
accompanying data as defined in Section
481.303(6)(a)(b)(c)(d), FS.
106.1.1 Information on construction documents.
Construction documents shall be dimensioned and drawn
upon suitable material. Electronic media documents are
allowed to be submitted when approved by the building
official. Construction documents shall be of sufficient
clarity to indicate the location, nature and extent of the
work proposed and show in detail that it will conform to
the provisions of this code and relevant laws, ordinances,
rules and regulations, as determined by the building official
(see also Section 106.3.5).
106.1.1.1 Fire protection system shop
drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate
conformance with this code and the construction
documents shall be approved prior to the start of
system installation. Shop drawings shall contain all
information as required by the referenced installation
standards in Chapter 9 of the Florida Building Code.
106.1.1.2 For roof assemblies required by the code,
the construction documents shall illustrate, describe,
and delineate the type of roofing system, materials,
fastening requirements, flashing requirements and
wind resistance rating that are required to be
installed. Product evaluation and installation shall
indicate compliance with the wind criteria required
for the specific site or a statement by an architect or
engineer for the specific site must be submitted with
the construction documents.
26
106.1.2 Additional data. The building official may
require details, computations, stress diagrams, and other
data necessary to describe the construction or installation
and the basis of calculations. All drawings, specifications
and accompanying data required by the building official to
be prepared by an architect or engineer shall be affixed
with their official seal, signature and date as state law
requires.
106.1.3 Reserved.
106.2 Reserved.
106.3 Examination of documents. The building official shall
examine or cause to be examined the accompanying construction
documents and shall ascertain by such examinations whether
the construction indicated and described is in accordance with the
requirements of this code and other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(3),
Florida Statutes, and state-approved manufactured buildings are
exempt from local codes enforcing agency plan reviews except
for provisions of the code relating to erection, assembly or
construction at the site. Erection, assembly and construction at
the site are subject to local permitting and inspections.
2. Industrial construction on sites where design, construction
and fire safety are supervised by appropriate design and
inspection professionals and which contain adequate in-house
fire departments and rescue squads is exempt, subject to local
government option, from review of plans and inspections,
providing owners certify that applicable codes and standards
have been met and supply appropriate approved drawings to
local building and fire-safety inspectors.
106.3.1 Approval of construction documents. When the
building official issues a permit, the construction documents shall
be approved, in writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so reviewed
shall be retained by the building official. The other set shall be
returned to the applicant, shall be kept at the site of work and
shall be open to inspection by the building official or a duly
authorized representative.
27
106.3.2 Previous approvals. This code shall not require
changes in the construction documents, construction or
designated occupancy of a structure for which a lawful permit
has been heretofore issued or otherwise lawfully authorized, and
the construction of which has been pursued in good faith within
180 days after the effective date of this code and has not been
abandoned.
106.3.3 Product approvals. Those products which are
regulated by DCA Rule 9B-72 shall be reviewed and approved in
writing by the designer of record prior to submittal for
jurisdictional approval.
106.3.4 Reserved.
106.3.4.1 Reserved.
106.3.4.2 Reserved.
106.3.4.3 Certifications by contractors authorized under
the provisions of Section 489.115(4)(b), Florida Statutes,
shall be considered equivalent to sealed plans and
specifications by a person licensed under Chapter 471,
Florida Statutes, or Chapter 481 Florida Statutes, by local
enforcement agencies for plans review for permitting
purposes relating to compliance with the wind-resistance
provisions of the code or alternate methodologies
approved by the Florida Building Commission for one- and
two-family dwellings. Local enforcement agencies may rely
upon such certification by contractors that the plans and
specifications submitted conform to the requirements of
the code for wind resistance. Upon good cause shown,
local government code enforcement agencies may accept
or reject plans sealed by persons licensed under Chapters
471,481 or 489, Florida Statutes.
106.3.5 Minimum plan review criteria for buildings. The
examination of the documents by the building official shall
include the following minimum criteria and documents: a floor
plan; site plan; foundation plan; floor/roof framing plan or truss
layout; and all exterior elevations:
Commercial Buildings:
28
Building
1. Site requirements:
Parking
Fi re access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator
valve (PIV)
Set back/separation (assumed property
lines)
Location of specific tanks, water lines and
sewer lines
2. Occupancy group and special occupancy
requirements shall be determined.
3. Minimum type of construction shall be
determined (see Table 503).
4. Fire-resistant construction requirements
shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of
construction
Protection of openings and penetrations of
rated walls
Fire blocking and draft stopping and
calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and
shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall
include:
Occupancy load: Gross, Net
Means of egress
Exit access
Exit
29
Exit discharge
Stairs construction/geometry and
protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a
minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10.Accessibility requirements shall include the
following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
30
11.Interior requirements shall include the
following:
Interior finishes (flame spread/smoke
development)
Light and ventilation
Sanitation
12.Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
Plans shall detail compliance with Section
424 of the Florida Building Code and
Department of Health requirements.
Proper site plan is also required.
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCls
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back-flow prevention
31
9. Irrigation
10.Location of water supply line
l1.Grease traps
12.Environmental requirements
13.Plumbing riser
Mechanical
1. Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10.Chimneys, fireplaces and vents
11.Appliances
12. Boilers
13.Refrigeration
14.Bathroom ventilation
15.Laboratory
Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
Demolition
1. Asbestos removal
Residential (one- and two-family)
1. Site requirements
Set back/separation (assumed property
lines)
32
Location of septic tanks
2. Fire-resistant construction (if required)
3. Smoke detector locations
4. Egress:
Egress window - size and location
Stairs - construction requirements
5. Structural requirements shall include:
Wall section from foundation through
roof, including:
Assembly and materials connector tables
Wind requirements
Structural calculations (if required)
6. Accessibility requirements:
Show/identify accessible bath
7. Electrical:
Electric service riser
Wire sizes
Grounding detail
Complete load calculations
Panel schedules
Service equipment
Panel locations
8. Mechanical:
Energy calculations
Exhaust systems
Equipment specs and location
Duct systems
Ventilation
Chimneys, fireplaces and vents
Appliances
9. Plumbing:
Water supply piping
Sanitary drainage
Water heaters
Vents
Roof drainage
Back flow prevention
Location of water supply line
Environmental requirements
Plumbing riser
10. Gas:
Gas piping
Venting
Chimneys
33
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagramjshut-offs
11. Engineering:
Storm water drainage system and other
requirements of the Engineering Division.
12. Swimming pools:
Barrier requirements
Spas
Wading pools
Exemptions. Plans examination by the building official shall not
be required for the following work:
1. Replacing existing equipment such as
mechanical units, water heaters, etc.
2. Reserved
3. Minor electrical, plumbing and mechanical
repairs
4. Annual maintenance permits
5. Prototype plans - Except for local site
adaptations, siding, foundations and/or
modifications Except for structures that require
waiver.
6. Manufactured buildings plans except for
foundations and modifications of buildings
which are constructed on site.
106.4 Amended construction documents. Work shall be installed
in accordance with the reviewed construction documents, and any
changes made during construction that are not in compliance with the
reviewed construction documents shall be resubmitted for review as an
amended set of construction documents.
106.5 Retention of construction documents. One set of approved
construction documents shall be retained by the building official for a
period of not less than 180 days from the date of completion of the
permitted work or as required by Florida Statutes.
106.6 Affidavits.
The building official may accept a sworn affidavit from a registered
architect or engineer stating that the plans submitted conform to the
technical codes. For buildings and structures, the affidavit shall state
34
that the plans conform to the laws as to egress, type of construction
and general arrangement and, if accompanied by drawings, show the
structural design and that the plans and design conform to the
requirements of the technical codes as to strength, stresses, strains,
loads and stability. The building official may without any examination
or inspection accept such affidavit, provided the architect or engineer
who made such affidavit agrees to submit to the building official copies
of inspection reports as inspections are performed and upon
completion of the structure, electrical, gas, mechanical or plumbing
systems a certification that the structure, electrical, gas, mechanical or
plumbing system has been erected in accordance with the
requirements of the technical codes. Where the building official relies
upon such affidavit, the architect or engineer shall assume full
responsibility for compliance with all provisions of the technical codes
and other pertinent laws or ordinances. The building official shall
ensure that any person conducting plans review is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any
person conducting inspections is qualified as a building inspector under
Part XII of Chapter 468, Florida Statutes.
SECTION 107
TEMPORARY STRUCTURES AND USES
107.1 General. The building official is authorized to issue a permit for
temporary structures and temporary uses. Such permits shall be
limited as to time of service, but shall not be permitted for more than
180 days. The building official is authorized to grant extensions for
demonstrated cause.
107.2 Conformance. Temporary structures and uses shall conform to
the structural strength, fire safety, means of egress, accessibility,
light, ventilation and sanitary requirements of this code as necessary
to ensure the public health, safety and general welfare.
107.3 Temporary power. The building official is authorized to give
permission to temporarily supply and use power in part of an electric
installation before such installation has been fully completed and the
final certificate of completion has been issued. The part covered by the
temporary certificate shall comply \Nith the requirements specified for
temporary lighting, heat or power in Chapter 27 of the Florida Building
Code, Building.
35
107.4 Termination of approval. The building official is authorized to
terminate such permit for a temporary structure or use and to order
the temporary structure or use to be discontinued.
SECTION 108
FEES
108.1 Prescribed fees. A permit shall not be issued until fees
authorized under Section 553.80, Florida Statutes, have been paid.
Nor shall an amendment (revision) to a permit be released until the
additional permit fee, due to an increase in the estimated cost of the
building, structure, electrical, plumbing, mechanical or gas system,
has been paid.
108.2 Schedule of permit fees. On buildings, structures, electrical,
gas, mechanical, and plumbing systems or alterations requiring a fee
for each permit and, where applicable, other fees, shall be paid as
required, in accordance with the fee schedule as established by the
applicable governing authority.
108.3 Other fees. A permit shall not be issued until all other fees
associated with said permit are paid. Other fees may include additional
fees, penalty fees, water and sewer capital facility fees, City Park &
Recreation fees, Fire Department fees, Palm Beach County Impact fees
and State of Florida fees. Water and sewer facility fees are established
in Chapter 26 of the City of Boynton Beach Code of Ordinances. The
Fire Department fees are established in Chapter 9 of the City of
Boynton Beach Code of Ordinances. The city may elect to collect Palm
Beach County Impact fees that include fees for Roads, Public Buildings,
Schools and Parks. The city collects State of Florida surcharge fees for
the Radon Trust Fund (Radon) and Building Code Administrators and
Inspectors Fund (BCAIF). When applicable, the administrative portion
of the Art In Public Places fee (300/0 of the total Art fee) is due prior to
permit issuance.
108.3.1 Building permit valuation. If, in the opinion of the building
official, the claimed valuation of building, alteration, structure,
electrical, gas, mechanical or plumbing systems appears to be
underestimated on the application, the permit shall be denied, unless
the applicant can show detailed estimates, and/or bona fide signed
contracts (excluding land value) to meet the approval of the building
official. For permitting purposes, valuation of buildings and systems
36
shall be total replacement value to include structural, electric,
plumbing, mechanical, interior finish, normal building related site work
(excavation and backfill for buildings), architectural and design fees,
marketing costs, overhead and profit; excluding only land value
Valuation references may include the latest published data of
nationally recognized construction cost analysis services (Means, etc.).
108.4 Plan filing fee. A plan-filing fee shall be paid at the time of
filing a permit application. The plan-filing fee is part of the permit fee
and is deducted from the total amount of the permit fee. The plan-
filing fee is 30 % of the total permit fee. The plan-filing fee is non-
refundable.
108.5 Work commencing before permit issuance. Any person
who commences any work on a building, structure, electrical, gas,
mechanical or plumbing system that requires a permit before obtaining
the necessary permit(s) without prior approval from the building
official shall be subject to a penalty of four times the permit fee that is
required for the work. The building official shall have the authority to
waive the penalty fee upon written appeal from the applicant.
108.6 Contractors
108.6.1 Contractor's responsibilities. It shall be the duty of
every contractor who shall make contract for the installation or
repairs of a building, structure, electrical, gas, mechanical or
plumbing system, for which a permit is required to comply with
state, county or local rules and regulations concerning licensing
and inspections which the applicable governing authority may
have adopted.
108.6.2 Residential owner/builder exemption
responsibilities. Pursuant to provisions of Chapter 489.103 and
489.503, Florida Statutes, an owner may make application for
permit and must provide direct on site supervision with the
construction, maintenance, alterations, or repairs of a one or
two-family residence for his/her OWN USE AND OCCUPANCY
and not intended for sale. The construction of more than one
residence by an individual owner in any 12-month period shall
be construed as contracting and, such owner shall then be
required to be licensed as a contractor
108.6.3 Non-residential owner/builder exemption
responsibilities. An owner of any building may make
37
application for a building permit for work in a building that is for
his/her OWN USE AND OCCUPANCY, and wherein the work
does not exceed a maximum of $25,000 within any 12-month
period.
SECTION 109
INSPECTIONS
109.1 General. Construction or work for which a permit is required
shall be subject to inspection by the building official and such
construction or work shall remain accessible and exposed for
inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction.
Inspections presuming to give authority to violate or cancel the
provisions of this code or of other ordinances of the jurisdiction shall
not be valid. It shall be the duty of the permit applicant to cause the
work to remain accessible and exposed for inspection purposes.
Neither the building official nor the jurisdiction shall be liable for
expense entailed in the removal or replacement of any material
required to allow inspection.
109.2 Preliminary inspection. Before issuing a permit, the building
official is authorized to examine or cause to be examined buildings,
structures and sites for which an application has been filed.
109.3 Required inspections. The building official upon notification
from the permit holder or his or her agent shall make the following
inspections, and shall either release that portion of the construction or
shall notify the permit holder or his or her agent of any violations
which must be corrected in order to comply with the technical codes.
The building official shall determine the timing and sequencing of when
inspections occur and what elements are inspected at each inspection.
Building
1. Foundation inspection. To be made after trenches are
excavated and forms erected and shall at a minimum
include the following building components:
-Stem-wall
-Monolithic slab-on-grade
-Piling/pile caps
eFooters/grade beams
2. Framing inspections. To be made after the roof, all
framing, fire blocking and bracing is in place, all concealing
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wiring, all pipes, chimneys, ducts and vents are complete
and shall at a minimum include the following building
components:
-Window/door framing
-Vertical cells/columns
-Lintel/tie beams
- Fram ing/trusses/bracing/connectors
- Draft stopping/fire blocking
-Curtain wall framing
-Energy insulation
-Accessibility.
-Drywall
-Verify rough opening dimensions are within
tolerances
3. Sheathing inspections. To be made either as part of a
dry-in inspection or done separately at the request of the
contractor after all roof and wall sheathing and fasteners
are complete and shall at a minimum include the following
building components:
-Roof sheathing
-Wall sheathing
- Sheathing fasteners
-Roof/wall dry-in
-Gypsum board, as required
4. Roofing inspections. Shall at a minimum include the
following building components:
- Dry - i n
- Insulation
-Roof coverings (including In Progress)
- Flashing
5. Final inspection. To be made after the building is
completed and ready for occupancy.
6. Swimming pool inspection. First inspection to be made
after excavation and installation of reinforcing steel,
bonding and main drain and prior to placing of concrete or
fiberglass pool body.
Final inspection to be made when the swimming pool is
complete and all required enclosure requirements are in
place.
In order to pass a final inspection and receive a certificate
of completion; a residential swimming pool must meet the
requirements relating to pool safety features as described
in Section 424.2.17.
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7. Storm Shutter Inspection to ensure compliance with
Chapter 16 of the Florida Building Code, Building
8. Demolition Inspections. First inspection to be made after
all utility connections have been disconnected and secured
in such manner that no unsafe or unsanitary condition
shall exit during or after demolition operations.
Final inspection to be made after all demolition work is
completed.
9. Manufactured building inspections. The building
department shall inspect construction of foundations;
connecting buildings to foundations; installation of parts
identified on plans as site installed items, joining the
modules, including utility crossovers; utility connections
from the building to utility lines on site; and any other
work done on site which requires compliance with the
Florida Building Code. Additional inspections may be
required for public educational facilities (see Section
423.27.20).
10. Where impact-resistant coverings are installed to meet
requirements of this code, the building official shall
schedule adequate inspections of impact-resistant
coverings to determine the following:
The system indicated on the plans was installed.
The system is installed in accordance with the
manufacturer's installation instructions and the
product approval.
Electrical
1. Underground inspection. To be made after trenches or
ditches are excavated, conduit or cable installed, and
before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing,
fireblocking and bracing is in place and prior to the
installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is
complete, all required electrical fixtures are in place and
properly connected or protected, and the structure is ready
for occupancy.
Plumbing
1. Underground inspection: To be made after trenches or
ditches are excavated, piping installed, and before any
backfill is put in place.
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2. Rough-In inspection: To be made after the roof,
framing, fire blocking and bracing is in place and all soil,
waste and vent piping is complete, and prior to this
installation of wall or ceiling membranes.
3. Final inspection: To be made after the building is
complete, all plumbing fixtures are in place and properly
connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Cadet
Plumbing, for required tests.
Mechanical
1. Underground inspection. To be made after trenches or
ditches are excavated, underground duct and fuel piping
installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing,
fire blocking and bracing are in place and all ducting, and
other concealed components are complete, and prior to the
installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is
complete, the mechanical system is in place and properly
connected, and the structure is ready for occupancy.
Gas
1. Rough piping inspection. To be made after all new
piping authorized by the permit has been installed, and
before any such piping has been covered or concealed or
any fixtures or gas appliances have been connected. This
inspection shall include a pressure test.
2. Final piping inspection. To be made after all piping
authorized by the permit has been installed and after all
portions which are to be concealed by plastering or
otherwise have been so concealed, and before any fixtures
or gas appliances have been connected. This inspection
shall include a pressure test.
3. Final inspection. To be made on all new gas work
authorized by the permit and such portions of existing
systems as may be affected by new work or any changes,
to ensure compliance with all the requirements of this code
and to assure that the installation and construction of the
gas system is in accordance with reviewed plans.
109.3.1 Reserved.
109.3.2 Reserved.
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109.3.3 Reinforcing steel and structural frames. Reinforcing
steel or structural framework of any part of any building or
structure shall not be covered or concealed without first
obtaining a release from the building official.
109.3.4 Termites. Building components and building
surroundings required to be protected from termite damage in
accordance with Section 1503.6, Section 2304.13 or Section
2304.11.6, specifically required to be inspected for termites in
accordance with Section 2114, or required to have chemical soil
treatment in accordance with Section 1816 shall not be covered
or concealed until the release from the building official has been
received.
109.3.5 Shoring. For threshold buildings, shoring and
associated formwork or falsework shall be designed and
inspected by a Florida licensed professional engineer, employed
by the permit holder or subcontractor, prior to any required
mandatory inspections by the threshold building inspector.
109.3.6 Threshold building.
109.3.6.1 The enforcing agency shall require a special
inspector to perform structural inspections on a threshold
building pursuant to a structural inspection plan prepared
by the engineer or architect of record. The structural
inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the
construction of a threshold building. The purpose of the
structural inspection plans is to provide specific inspection
procedures and schedules so that the building can be
adequately inspected for compliance with the permitted
documents. The special inspector may not serve as a
surrogate in carrying out the responsibilities of the building
official, the architect or the engineer of record. The
contractor's contractual or statutory obligations are not
relieved by any action of the special inspector.
109.3.6.2 The special inspector shall determine that a
professional engineer who specializes in shoring design has
inspected the shoring and reshoring for conformance with
the shoring and re-shoring plans submitted to the
enforcing agency. A fee simple title owner of a building
which does not meet the minimum size, height, occupancy,
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occupancy classification or number-of-stories criteria wh ich
would result in classification as a threshold building under
Section 553.71(7) Florida Statutes, may designate such
building as a threshold building, subject to more than the
minimum number of inspections required by the Florida
Building Code, Building.
109.3.6.3 The fee owner of a threshold building shall
select and pay all costs of employing a special inspector,
but the special inspector shall be responsible to the
enforcement agency. The inspector shall be a person
certified, licensed or registered under Chapter 471, Florida
Statutes, as an engineer or under Chapter 481, Florida
Statutes, as an architect.
109.3.6.4 Each enforcement agency shall require that, on
every threshold building:
109.3.6.4.1 The special inspector, upon completion
of the building and prior to the issuance of a
certificate of occupancy, file a signed and sealed
statement with the enforcement agency in
substantially the following form:
"To the best of my knowledge and belief, the above
described construction of all structural load-bearing
components complies with the permitted documents, and
the shoring and re-shoring conforms to the shoring and re-
shoring plans submitted to the enforcement agency."
109.3.6.4.2 Any proposal to install an alternate
structural product or system to which building codes
apply be submitted to the enforcement agency for
review for compliance with the codes and made part
of the enforcement agency's recorded set of permit
documents.
109.3.6.4.3 All shoring and re-shoring procedures,
plans and details must be submitted to the
enforcement agency for record keeping. Each shoring
and re-shoring installation shall be supervised;
inspected and certified to be in compliance with the
shoring documents by the contractor.
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109.3.6.4.4 All plans for the building which are
required to be signed and sealed by the architect or
engineer of record contain a statement that, to the
best of the architect's or engineer's knowledge, the
plans and specifications comply with the applicable
minimum building codes and the applicable fire-
safety standards as determined by the local authority
in accordance with this section and Chapter 633,
Florida Statutes.
109.3.6.5 No enforcing agency may issue a building
permit for construction of any threshold building except to
a licensed general contractor, as defined in Section
489.105(3)(a), Florida Statutes, or to a licensed building
contractor, as defined in Section 489.105(3)(b), Florida
Statutes, within the scope of her or his license. The named
contractor to whom the building permit is issued shall have
the responsibility for supervision, direction, management
and control of the construction activities on the project for
which the building permit was issued.
109.3.6.6 The building department may allow a special
inspector to conduct the minimum structural inspection of
threshold buildings required by this code, Section 553.73,
Florida Statutes, without duplicative inspection by the
building department. The building official is responsible for
ensuring that any person conducting inspections is
qualified as a building inspector under Part XII of Chapter
468, Florida Statutes, or certified as a special inspector
under Chapter 471 or 481, Florida Statutes. Inspections of
threshold buildings required by Section 553.79(5), Florida
Statutes, are in addition to the minimum inspections
required by this code.
109.3.7 Reserved.
109.3.8 Reserved.
109.3.9 Reserved.
109.3.10 Impact of construction All construction activity
regulated by this code shall be performed in a manner so as not
to adversely impact the condition of adjacent property, unless
such activity is permitted to affect said property pursuant to a
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consent granted by the applicable property owner, under terms
or conditions agreeable to the applicable property owner, This
includes, but is not limited to, the control of dust, noise, water or
drainage run-offs, debris, and the storage of construction
materials. New construction activity shall not adversely impact
legal historic surface water drainage flows serving adjacent
properties, and may require special drainage design complying
with engineering standards to preserve the positive drainage
patterns of the affected sites.
109.3.11 Freeboard. The finish floor elevation of all habitable
space in new construction located in a flood zone shall be
elevated a minimum of 12 inches above the base flood elevation
(BFE) .
The finish floor elevation of all habitable space in new
construction not located in a flood zone shall be elevated a
minimum of six inches above the surrounding ground elevation
such that the building or structure will not experience isolated
flooding nor will there be adverse drainage impacts to adjacent
properties .
109.4 Reserved.
109.5 Inspection requests. It shall be the duty of the holder of the
building permit or their duly authorized agent to notify the building
official when work is ready for inspection. It shall be the duty of the
permit holder to provide access to and means for inspections of such
work that are required by this code.
109.6 Approval required. Work shall not be done beyond the point
indicated in each successive inspection without first obtaining the
approval of the building official. The building official, upon notification,
shall make the requested inspections and shall either indicate the
portion of the construction that is satisfactory as completed, or notify
the permit holder or his or her agent wherein the same fails to comply
with this code. Any portions that do not comply shall be corrected and
such portion shall not be covered or concealed until authorized by the
building official.
SECTION 110
CERTIFICATES AND BUILDING USE
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110.1 Certificate of Occupancy. No building or structure
shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a
certificate of occupancy therefore as provided herein. Issuance
of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Certain fees, including the balance
of the Arts In Public Places fee when applicable, are due prior to
the issuance of a certificate of occupancy.
110.2 Certificate of occupancy. After the building official
inspects the building or structure and finds no violations of the
provisions of this code or other laws that are enforced by the
department of building safety, the building official shall issue a
certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the
certificate is issued.
5. A statement that the described portion of the structure has
been inspected for compliance with the requirements of this
code for the occupancy and division of occupancy and the use
for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of
Chapter 3.
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the
sprinkler system is required.
12. Any special stipulations and conditions of the building
permit.
110.2.1 Certificate of completion. A Certificate of Completion
is proof that a structure or system is complete and for certain
types of permits is released for use and may be connected to a
utility system. This certificate does not grant authority to occupy
a building, such as a shell building, prior to the issuance of a
certificate of occupancy.
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110.3 Temporary occupancy. The building official is
authorized to issue a temporary certificate of occupancy or
completion before the completion of the entire work covered by
the permit, provided such portion or portions shall be used or
occupied safely. A 30-day temporary/partial certificate of
occupancy or certificate of completion may be issued for a
portion or portions of a building that may safely be occupied
prior to final completion of the building. The building official shall
have the authority, once all life safety issues have been complied
with, to require an applicant to provide adequate surety for
unfinished work or revision of plans until a permanent certificate
of occupancy or certificate of completion is granted. The purpose
of the surety is to insure completion of work under this permit.
Such surety shall be equal to one hundred ten percent (1100/0)
of the estimated value of the remaining work, including labor
and material, as determined by the design professional. The
design professional shall submit a signed and sealed document
attesting to the amount required to cover the surety. If work has
not been completed and all finals requested within 90 days of
issuance of the initial temporary certificate of occupancy (TCO)
or temporary certificate of completion (TCC), the City retains the
right to have the applicant surrender the surety. The City then
may use the surety to finish the remaining work. The surety
shall be in a form acceptable to the City. Surety shall be
returned upon approval of all final inspections and upon written
request that has been approved by the building official.
110.4 Revocation. The building official is authorized to, in
writing, suspend or revoke a certificate of occupancy or
completion issued under the provisions of this code wherever the
certificate is issued in error, or on the basis of incorrect
information supplied, or where it is determined that the building
or structure or portion thereof is in violation of any ordinance or
regulation or any of the provisions of this code.
SECTION 111
SERVICE UTILITIES
11 L 1 Connection of service utilities. No person shall make
connections from a utility, source of energy, fuel or power to any
building or system which is regulated by this code for which a
permit is required, until released by the building official.
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111.2 Temporary connection. The building official shall have
the authority to authorize the temporary connection of the
building or system to the utility source of energy, fuel or power.
111.3 Authority to disconnect service utilities The building
official shall have the authority to authorize disconnection of
utility service to the building, structure or system regulated by
this code and the codes referenced in case of emergency where
necessary to eliminate an immediate hazard to life, or property.
The building official shall notify the serving utility and, whenever
possible the owner and occupant of the building, structure or
service system of the decision to disconnect prior to taking such
action. If not notified prior to disconnecting, the owner or
occupant of the building, structure or service system shall be
notified in writing, as soon as practical thereafter.
SECTION 112
BUILDING BOARD OF ADJUSTMENT AND APPEALS
112.1 Appointment There is hereby established a board to be
called the Building Board of Adjustment and Appeals, which shall
consist of seven members and two alternates. The applicable
governing body shall appoint the Board.
112.2 Membership and Terms
112.2.1 Membership. The Building Board of Adjustment and
Appeals shall consist of seven members. Such board members
shall be composed of individuals with knowledge and experience
in the technical codes to include an architect, engineer, general
contractor, electrical contractor, HVAC contractor, plumbing
contractor, and any other contractor licensed category. In
addition to the regular members, there should be two alternate
members, one member with the qualifications referenced above
and one member at large from the public. A board member shall
not act in a case in which he has a personal or financial interest.
112.2.2 Terms. The terms of office of the board members shall
be staggered so no more than one-third of the board is
appointed or replaced in any 12-month period. The two
alternates, if appointed, shall serve one-year terms. Vacancies
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shall be filled for an unexpired term in the manner in which
original appointments are required to be made. Three absences
of any member from required meetings of the board shall in a 12
month period, at the discretion of the applicable governing body,
render any such member subject to immediate removal from
office.
112.2.3 Quorum and voting. A simple majority of the board
shall constitute a quorum. In varying any provision of this code,
the affirmative votes of the majority present, but not less than
three affirmative votes, shall be required. In modifying a
decision of the building official, not less than four affirmative
votes, but not less than a majority of the board, shall be
required. In the event that regular members are unable to
attend a meeting, the alternate members, if appointed, shall
vote.
112.2.4 Secretary of board. The building official or his/her
authorized representative shall act as secretary of the board and
shall make a detailed record of all of its proceedings, which shall
set forth the reasons for its decision, the vote of each member,
the absence of a member, and any failure of a member to vote.
112.3 Powers. The Building Board of Adjustments and Appeals
shall have the power, as further defined in 112.4, to hear
appeals of decisions and interpretations of the building official
and consider variances of the technical codes.
112.4 Appeals
112.4.1 Decision of the building official. The owner of a
building, structure or service system, or duly authorized agent,
may appeal a decision of the building official to the Building
Board of Adjustment and Appeals whenever anyone of the
following conditions are claimed to exist:
1. The building official rejected or refused to approve the
mode or manner of construction proposed to be
followed or materials to be used in the installation or
alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific
case.
3. That an equally good or more desirable form of
installation can be employed in an specific case.
4. The true intent and meaning of this code or any of the
49
regulations hereunder have been misconstrued or
incorrectly interpreted.
112.4.2 Variances. The Building Board of Adjustments and
Appeals, when so appealed to and after a hearing, may vary the
application of any provision of this code to any particular case
when, in its opinion, the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of this
or the technical codes or public interest, and also finds all of the
following:
1. That special conditions and circumstances exist which
are peculiar to the building, structure or service system
involved and which are not applicable to others.
2. That the special conditions and circumstances do not
result from the action or inaction of the applicant.
3. That granting the variance requested will not confer on
the applicant any special privilege that is denied by this
code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that
will make possible the reasonable use of the building,
structure or service system.
5. That the grant of the variance will be in harmony with
the general intent and purpose of this code and will not
be detrimental to the public health, safety and general
welfare.
112.4.2.1 Conditions of the variance. In granting the
variance, the board may prescribe a reasonable time limit within
which the action for which the variance is required shall be
commenced or completed or both. In addition, the board may
prescribe appropriate conditions and safeguards in conformity
with this code. Violation of the conditions of a variance shall be
deemed a violation of this code.
112.4.3 Notice of appeal. Notice of appeal shall be in writing
and filed within 30 calendar days after the building official
renders the decision. Appeals shall be in a form acceptable to
the building official.
112.4.4 Unsafe or dangerous buildings or service systems.
In the case of a building, structure or service system, which in
the opinion of the building official, is unsafe, unsanitary or
dangerous, the building official may, in the order, limit the time
for such appeals to a shorter period.
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112.5 Procedures of the board.
112.5.1 Rules and regulations. The board shall establish rules
and regulations for its own procedure not inconsistent with the
provisions of this code. The board shall meet on call of the
chairman. The board shall meet within 30 calendar days after
notice of appeal has been received.
112.5.2 Decisions. The Building Board of Adjustment and
Appeals shall, in every case, reach a decision without
unreasonable or unnecessary delay. Each decision of the board
shall also include the reasons for the decision. If a decision of
the board reverses or modifies a refusal, order, or disallowance
of the building official or varies the application of any provision
of this code, the building official shall immediately take action in
accordance with such decision. Every decision shall be promptly
filed in writing in the office of the building official and shall be
open to public inspection. A certified copy of the decision shall be
sent by mail or otherwise to the appellant and a copy shall be
kept publicly posted in the office of the building official for two
weeks after filing. Every decision of the board shall be final;
subject however to such remedy as any aggrieved party might
have at law or in equity.
SECTION 113
Reserved.
SECTION 114
STOP WORK ORDER
114.1 Authority.
Whenever the building official finds any work regulated by this code
being performed in a manner either contrary to the provisions of this
code or dangerous or unsafe, the building official is authorized to issue
a stop work order.
114.2 Issuance.
The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner's agent, or to the person
doing the work. Upon issuance of a stop work order, the cited work
shall immediately cease. The stop work order shall state the reason for
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the order, and the conditions under which the cited work will be
permitted to resume.
114.3 Unlawful continuance.
Any person who shall continue any work after having been served with
a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
SECTION 115
Reserved
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