Agenda 09-01-09
09 AUG I 3 AM II: I 7
V.ADMINISTRATIVE
ITEM A.
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V. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 09/01/09
Last Name Fi rst 1 st Choice 2nd Choice 3rd Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
*Scantlan Don Veterans
Commission
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises.
-\CC\WP\BOARDS\APPMENTS\Board Year 2009\Applicants Eligible for Appointment 08-04-09.doc
VI.-CONSENT AGENDA
ITEM A.4
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, AUGUST 18,2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ron Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor Hay
Mayor Taylor called the meeting to order at 6:31 p.m. followed by the invocation given by Vice
Mayor Hay who also led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor indicated the Utilities Department had requested Items VI.B.3 and VLBA be
tabled until October 6/ 2009.
Motion
Commissioner Weiland moved to table Items B. 3 and 4 until October 6th. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
There was also a request to add Item IX.B under City Manager's Report.
Motion
Commissioner Ross moved to add Item IX.B. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
2. Adoption
Motion
Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the
motion. The motion passed unanimously.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 18, 2009
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross congratulated the Children's Schoolhouse Museum, its staff and the Board
for being voted the best children's museum in the State of Florida.
Commissioner Weiland reported he had met with the City Manager and apologized for his
outburst during the budget workshop. He extended his apology to the public that was present.
Commissioner Weiland vowed to work things out with the City Manager and continue to move
forward. Mr. Bressner thanked Commissioner Weiland for the apology.
Vice Mayor Hay thanked the Lord for prayer. He acknowledged a stimulus workshop hosted by
Senator Chris Smith that was very informative. There would be another workshop scheduled
and he encouraged everyone to attend. Vice Mayor Hay had also attended a banquet for the
Boynton Hoops, 10 and under, basketball team who are number one in the State of Florida and
number two in the nation. A certificate and plaque of appreciation were given to the City of
Boynton Beach for its support.
Vice Mayor Hay and Mayor Taylor had recently attended the 83rd Florida League of Cities
conference and received a wealth of information and materials, exchanged ideas and networked
with other city officials.
Mayor Taylor concurred the conference was very interesting. Bill Bradley, an Olympic star!
basketball player and New Jersey Senator, gave a presentation on leadership in government at
the local level. His talk keyed on integrity, courage, imagination and selflessness. Mr. Bradley
stressed that the Commission has a responsibility to the citizens and the citizens have a
responsibility to the Commission to have knowledge of the topics discussed and involvement in
the process.
Another topic was Senate Bill 360, passed in 2005, creating transportation concurrency
requiring developers to pay for impacts on the community. In 2009 exemptions were created
with no impact fees and gave developers free range. It will be brought back to the legislative
sessions in 2010. Mayor Taylor cautioned all cities to pay attention to the issue as it would
have impacts on revenue and quality of life issues.
The Taxpayers' Bill of Rights could possibly be placed on the 2010 general election ballot that
would cap all State and local budgets at the 2010/2011 level and require all new local
government revenues be approved by referendum. Mayor Taylor contended it would be a
threat to representative democracy and government's ability to respond to the needs of the
citizens. The State and local Leagues of Cities were totally opposed to the proposal.
Creation of citizen academies was strongly encouraged and Boynton Beach has developed a
City Services Institute to educate and inform citizens on the workings of the local government.
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Regular City Commission
Boynton Beach, FL
August 18, 2009
There was also a seminar on innovative ways to address abandoned and foreclosed properties
through ordinances and code enforcement. Boynton Beach has already met with banks and
individuals to establish a system of tracking the market.
A seminar on breaking the Honest Services Fraud law and recent violations by elected officials,
staff and private sector management indicated at least a five year prison term was involved.
The number of prosecutions for violations was posed to increase in the future. Mayor Taylor
cautioned that everyone act ethically and in the Sunshine to avoid problems. Copies of the Act
would be available through the City Clerk's office.
Lastly, new election regulations restricted local governments from using funds to express an
opinion relating to any election issue. The change is noted in Senate Bill 216 and was effective
July, 2009. Governments going green was also discussed and it was noted Boynton Beach was
already involved with a green initiative.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Announcement of the Fall 2009 semester of the City Services Institute
Wayne Segal, Public Affairs Director, advised enrollment was ongoing for the City Services
Institute. The program begins on September 21, 2009 through November 23, 2009. It is an
opportunity for citizens to see how the City works and meet department heads and other key
people. Participation was encouraged for anyone joining an advisory board or running for
election. There would be a cost of $25 to cover all materials and a graduation dinner at The
Links.
Mr. Segal announced a representative from the Property Appraiser's Office would be present in
the Program Room, at the Library, on Wednesday, August 19, 2009, to assist with registration
for Homestead Exemptions.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Water Professionals Week - August 17 - 21, 2009
Mayor Taylor proclaimed August 17 through 21, 2009 as Water Professionals Week and
presented the proclamation to Kofi Boateng, Director of Utilities. Mayor Taylor opined the City
of Boynton Beach had the best drinking water in the area as a result of the work of water
professionals.
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Regular City Commission
Boynton Beach, FL August 18, 2009
2. Presentations:
None
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)
Herb Suss, 1711 Woodfern Drive, commended Commissioner Weiland for his apology to the
City Manager. He also recognized the Boynton Hoops basketball team, Children's Schoolhouse
Museum, the Boynton Beach Little League who were previously the world champs and The
Links for their awarding winning programs. All citizens should be proud of their efforts.
Floyd Zonenstein, 2620 NE 1st Court, thanked the Commission for appointing him as a regular
member of the Community Relations Board. He invited the citizens to attend the Community
Relation Board meetings on the 2nd Wednesday of each month at City Hall.
Don Scantlan, 13 Cedar Circle, Director of Programs for Workforce Alliance, reported 13
employers in Boynton Beach hired 43 youth for the summer program, working over 4,536 hours
and earning $32,891. He especially thanked the City staff for providing work experience for 12
youth. The funding was available through the Recovery Act and provided free labor for the
City.
Brian Edwards, 629 NE 9th Avenue, thanked the Commission for their comments on the
Children's Museum. Mr. Edwards is a member of the Board for the Children's Museum and
related the many awards it has received over the last 10 years. It is a State, County and City
destination place. He urged the Commission to carefully consider the needs of the Museum
during budget discussions. It can only exist in the framework of a partnership with the City.
The quality of life it provides to the City cannot be surpassed. Any cuts in staff would
drastically affect the programs offered. Using the Old High School for expansion could proVide
additional revenue for the Museum. Ownership of the Old High School by a non-profit
organization would be the only way funds could be raised for renovations as a cultural center.
Commissioner Rodriguez clarified that the Children's Museum Board would be willing to assume
the Old High School. Mr. Edwards recalled there had been a partnership with the Cultural
Center Board and the Community Redevelopment Agency regarding the Old High School;
however, anticipated funding was unavailable.
Mayor Taylor agreed the Children's Schoolhouse Museum has been a gem for the City and it
has been a great partnership with the City. He was not in favor of creating another non-profit.
The property of the Old High School should be a tax base for the City. He did totally support
the Children's Schoolhouse Museum.
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August 18, 2009
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV Ross Bldg. Bel. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2)
Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09
IV Ross Cemetery Board Alt 1 yr term to 12/09 (Tabled 3)
Mayor Taylor Cemetery Board Reg 3 yr term to 12/09
Weiland Code Compliance Board Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 2)
II Hay Education & Youth Advisory Board Stu NjV 1 yr term to 12/09 (Tabled 2)
III Rodriguez Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 2)
II Hay Library Board Alt 1 yr term to 12/09
I Weiland Library Board Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Planning & Development Bd. Alt 1 yr term to 12/09
Motion
Vice Mayor Hay moved to table all appointments. Commissioner Weiland seconded the motion.
The motion passed unanimously.
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 - August 4, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve purchase of 24 Panasonic ToughBook Computers from More
Direct in the amount of $42,994.80 to replace existing laptops used by
police officers.
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Boynton Beach, FL
August 18, 2009
2. Award a contract for RFP #078-2910-09/JA, "TWO YEAR LEASE FOR
CONCESSION OPERATIONS AT THE BOYNTON BEACH "LINKS" GOLF
COURSE to Ala Carte Golf Services, Inc., of Lake Worth, FL with a
monthly lease payment of $.075 per paid round (Approx. $512.50/mo.).
(Proposed Resolution No. R09-IIS)
3. Approve piggyback on the Jacksonville Electric Authority (JEA) contract
#82768 Cured in Place Pipe (CIPP) Unit Price Construction with
Insituform Technologies of Jacksonville, FL to rehabilitate the City's
wastewater gravity main lines for a project cost of $1,967,947.88 with a
10% contingency of $196,794.79 for a total project cost of
$2,164,742.67. (Proposed Resolution No. R09-II6)
4. Approve piggyback on the City of Delray Beach contract bid #2002-37
with Chaz Equipment of Wellington, FL to rehabilitate the City's
wastewater gravity manholes for a project cost of $256,314 with a 15%
contingency of $38,447 for a total project cost of $294,761.10.
(Proposed Resolution No. Rag-II?)
C. Resolutions
1. Proposed Resolution No. R09-llB RE: Approving and
authorizing execution of Task Order No. U09-15-05 with AECOM, Inc. for
a "not-to-exceed" amount of $561,496 for design, bidding and
construction management services on Section A of the Wellfield
Interconnection pipeline with an owner's contingency of $5% in the
amount of $28,075, for a total cost of $589,571.
2. Proposed Resolution No. R09-ll9 RE: Approving and
authorizing execution of Task Order No. U09-3-08 with Brown and
Caldwell, Inc. for a "not-to-exceed" amount of $423,816 for design,
bidding and construction management services on Section C of the
Wellfield Interconnection pipeline with an owner's contingency of $5% in
the amount of $21,191, for a total cost of $445,007.
3. Proposed Resolution No. R09-l20 RE: Amending a "Five
Year Contract for Financial Auditing Services" with the City's independent
auditor, Nowlen, Holt & Miner, P .A., Certified Public Accountants,
acknowledging a change in services and $7,000 per year increase in
compensation.
4. Proposed Resolution No. R09-l2l RE: Ratifying the action of
the South Central Regional Wastewater Treatment and Disposal Board at
their meeting on July 16, 2009.
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Regular City Commission
Boynton Beach, FL
August 18, 2009
b.
Accept the 2009/2010 Wastewater and Reclaim O&M Budgets and
Wastewater Repair and Replacement Expenditures.
Authorize the maintaining of the user rate in Fiscal Year 2009-
2010 for wastewater in the amount of $.9977/1,000 gallons for
Operations and Maintenance and $.1940/1,000 gallons for
Reserves bringing the total to $1.1917/1,000 gallons.
Authorize the Board to establish a reclaim user rate to consumers
(Boynton, Del ray, and South Central Plant) for Fiscal Year
2009/2010 as follows: $0.16549/1,000 gallons.
Accept the 2009/2010 Organizational Chart; including the
Laboratory Technician Job Description.
a.
c.
d.
5. Proposed Resolution No. R09-122 RE: Approving and
authorizing execution of an Interlocal agreement between Palm Beach
County and the City of Boynton Beach for interconnection to the Palm
Beach County Network for the purpose of utilizing the County as the
City's Internet Service Provider and to gain access to the Florida
LambdaRail network resources.
D. Increase the blanket purchase order to Communication Service of South Florida
from $24,998 to $35,000.
E. Authorize members of the City Commission to attend the 2009 Institute for
Elected Municipal Officials, October 2-4, 2009 at the Marriott Boca Raton.
Commissioner Ross pulled Item VI.E. for discussion.
F. Approve the Arts Commission recommendation to purchase a sculpture from the
Avenue of the Arts year long, on loan program for $4,000 as a permanent
display in the City.
Commissioner Ross pulled Item VI.F. for discussion.
G. Accept the "Analysis of Revenues & Expenditures (General Fund & Utility Fund)
for the nine months ended June 30, 2009.
H. Approve reclassification/downgrade of the Administrative Secretary position
(Grade 11) in the City Manager's Office to an Administrative Associate (Grade
10).
Motion
Commissioner Weiland moved to approve the Consent Agenda with the exception of Items E.
and F. Vice Mayor Hay seconded the motion. The motion passed unanimously.
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Regular City Commission
Boynton Beach, FL
August 18, 2009
VLE. Authorize members of the City Commission to attend the 2009 Institute for Elected
Municipal Officials, October 2-4, 2009 at the Marriott Boca Raton,
Commissioner Ross would be attending the event and inquired if others were. Mayor Taylor
highly recommended attendance for those who are continuing their career as elected officials.
Vice Mayor Hay advised he was also attending.
Motion
Commissioner Ross moved to approve Item VIE Commissioner Weiland seconded the motion.
The motion passed unanimously.
VLF. Approve the Arts Commission recommendation to purchase a sculpture from the Avenue
of the Arts year long, on loan program for $4,000 as a permanent display in the City.
Commissioner Ross pulled the item to bring it to the attention of the audience. Mayor Taylor
noted the price was originally $8,000.
Motion
Commissioner Ross moved to approve Item VLF. Commissioner Weiland seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Land Development Regulations - Rewrite Group 7 (CDRV
09-004 )
City-initiated
A portion of Group 7 deliverable, pursuant to the LDR Rewrite
Work Schedule, which includes Chapter 2, Article I Overview and
Article II Planning and Zoning Division Services; and an
amendment to Group 5, to add "green" provisions to Chapter 3,
Article V Supplemental Regulations.
Agent:
Description:
Eric Johnson, Planner II, explained the Group 7 Rewrite dealt with all the processes of the Land
Development Reguiations and particularly Articles I and II and additional "green" provisions in
the supplemental regulations. A table was created delineating the processes to assist
developers and homeowners making improvements. Various application updates were reviewed
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 18, 2009
and the processes to make it more user-friendly and green-friendly. He requested that the
conceptual draft be approved.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Commissioner Ross commended staff for being proactive and including the green incentives.
Motion
Commissioner Ross moved to approve Land Development Regulations Rewrite - Group 7. Vice
Mayor Hay seconded the motion. The motion passed unanimously.
Attorney Cherof administered an oath to all those intending to testify.
B.
Project:
Agent:
Owner:
Location:
Description:
Boynton Lofts (SPTE 09-006)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
East Side Lofts, LLC
623 South Federal Highway
Request for a fourth one-year site plan time extension for a new
site plan (NWSP 05-008) and height exception (HTEX 05-001)
approved on April 19, 2005 and modified by minor site plan
modification (MMSP 07-038), thereby further extending approval
from April 19, 2009 to April 19, 2010.
Ed Breese, Principal Planner, reviewed the request for a fourth site plan time extension. The
project consisted of 48 condominium units and office and retail space. A height exception had
been requested to accommodate a stair tower on the roof. The development has been delayed
due to the downturn in the residential market. He noted the Palm Beach County Traffic
Performance approval letter expired in 2008 and would have to be updated. The area was
rezoned in 2006 to a Mixed Use Low 2 and the planned development exceeds the maximum
density. Staff determined the proposed density would have no adverse impact on the
surrounding properties. Approval of the request was recommended.
Bradley Miller, Miller Land Planning Consultants, indicated the issue was based on financing
and lack of pre-sales. There was agreement with the staff report and conditions of approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Mayor Taylor disclosed he had met with Mr. Miller regarding other issues and it was only
mentioned that the two items were on the agenda for the meeting.
Commissioner Weiland opined it was best to continue the time extension in hopes the economy
would improve. Commissioner Rodriguez inquired if any other developments had requested four
extensions. Mr. Breese recalled at least one other project was near the opportunity for a fourth
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 18, 2009
extension. Mayor Taylor indicated the banks were not lending money and tightening the
criteria for loans.
Motion
Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. The motion
passed unanimously.
c.
Project:
Agent:
Owner:
Location:
Aspen Glen (SPTE 09-009)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC/Leonard Albanese, Managing
Member
7216 Lawrence Road, east side of Lawrence Road, approximately
1,000 feet south of Hypoluxo Road.
Request for a second one-year site plan time extension for a new
site plan (NWSP 06-025) approved on November 21, 2006 thereby
further extending site plan approval from May 21, 2009 to May
"")1 "")"1(\
L.1., LV.1.V.
Description:
Mr. Breese reviewed the request for a site plan time extension for a project involving 45 single-
family detached, zero lot line dwelling units. Limitation of sales and financing due to market
conditions restricted development activity. Utility and right-of-way permits are currently under
review. The plat is pending approval. Concurrency requirements have been updated with a
build-out date of the project of 2013. Approval was recommended with the conditions of
approval.
Mr. Miller added to his previous remarks that the original developer had allowed the property to
go back to the bank and it had been purchased by another investor. The single-family concept
may be better suited for the current economy.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve. Commissioner Ross seconded the motion. The
motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Authorize the City Manager to sign verification documents in support of tax credit
application on behalf of the Auburn Group for development of Palm Cove
development. (Proposed Resolution No. R09-123)
Mr. Bressner explained the request and located the proposed development on South Federal
Highway in the Community Redevelopment Agency area. The proposal was for 144 units of
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 18, 2009
affordable senior rentals. With the City's concurrence, Auburn Group can apply for low income
housing tax credits. The impact is the City has to certify that the property is properly zoned,
has utilities, roadway infrastructures are in place and provide an in-kind contribution of a credit
in the amount of $200,000 by waiving the public art fee of $133,928 and a 50% reduction in
the park and recreation fee of $66,528 since onsite recreational activities would be part of the
development.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
B. Authorize the City Manager to sign verification documents in support of tax credit
application on behalf of the Auburn Group for development of Quantum Village
development. (Proposed Resolution No. R09-1.24)
Mr. Bressner reported the Commission had previously approved the project. The property
owner has now agreed to sell the property located on Gateway Boulevard across from Boynton
Beach High School. There would be 100 affordable senior-rental units. This would be an
update of the 2008 application. The proposed formula would include waiving the public arts fee
of $109,260, a two-thirds reduction of the park and recreation fee of $31,400 and the balance
would be a tipping fee credit.
Allen Scnib, Auburn Group representative, responded the target is for 100 units, designated
for seniors, at 60% below the area median income, west of 1-95.
Motion
Commissioner Ross moved to approve. Commissioner Weiland seconded the motion. The
motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,SOO/501(c)(3)
Discussion.(Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
B. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification from Medium Density
Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to
December 1, 2009)
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Regular City Commission
Boynton Beach, FL
August 18, 2009
C. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of
land located on the northwest corner of High Ridge Road and Miner Road from
Planned Unit Development (PUD) to M-1 Industrial District. (New Urban High
Ridge LUAR 09-001) (Tabled to December 1,2009)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-038 Re: Abandoning the legal
description and sketch for the south edge of Las Ventanas development
to allow the Board of County Commissioners of Palm Beach County, FL,
and the developer of Las Ventanas to expand Woolbright Road for
roadway purposes only. (Tabled on August 4, 2009)
Motion
Commissioner Ross moved to remove from the table. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
Attorney Cherof read proposed Ordinance No. 09-038 by title only on first reading.
Mayor Taylor commented the intent was to allow the County to move the traffic light by the
railroad crossing further east.
Motion
Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
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Regular City Commission
Boynton Beach, FL
August 18, 2009
None
E. Other:
1. Report on Figueroa property.
Attorney Cherof reported the Commission could release the liens on the property or it could
subordinate the liens. There are restraints on the ability of the City to loan money that it has
obtained through SHIP funding from the State. The City's own program has recapture
provisions at the time of sale for the money to be given back to the City or the new property
owner retain the encumbrance on the property. Staff recommends that the funds be
subordinated rather than released.
Commissioner Rodriguez reported he had visited the property along with the City Manager and
staff. Many things had contributed to the current situation, but there were workmanship
deficiencies that could have strongly contributed to the current issues. Commissioner Rodriguez
was in favor of releasing the liens.
Commissioner Weiland felt subordinating the liens as suggested by the City Attorney would be
the better alternative without opening a Pandora's box of future problems. Vice Mayor Hay
supported Commissioner Rodriguez's recommendation with their contractor. Commissioner
Ross wanted assurances that this was an exceptional situation. Vice Mayor Hay agreed. Mr.
Bressner reported there were two contractors. One responded to the complaints and the other,
Sunban Builders did not.
Maria Figueroa, 1630 NW 3rd Lane, thanked the Commission for their effort and disposition.
Attorney Cherof remarked, by subordinating the liens, the integrity of the program is preserved
and the homeowners are free to go out and obtain loans.
Motion
Vice Mayor Hay moved to subordinate the liens with the Figueroa family. Commissioner
Rodriguez seconded the motion. The motion passed unanimously.
2. Update on Mall Agreement/Special events
Attorney Cherof explained he had drafted an agreement with the mall and requested the
Commission decide if they want to allow events for boat sales, motor vehicle sales or
recreational vehicle sales. Commissioner Rodriguez did not want to allow continuous vehicle
sales. Commissioner Ross inquired if the permit requests would be expedited. Mr. Bressner
stressed the applications had to be timely filed for each event. Mayor Taylor suggested
language be added that of the twelve annual events, no more than two would be for the sale of
motor vehicles, recreational vehicles or boats.
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Regular City Commission
Boynton Beach, FL
August 18, 2009
Motion
Commissioner Ross moved to approve with the additional language suggested. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 7:53 p.m.
CTIY OF BOYNTON BEACH
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ronald Weiland, Commissioner
ATTEST:
Woodrow L. Hay, Commissioner
Marlene Ross, Commissioner
14
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.l.
AGENDA ITEM REQUEST FORM
r Requested City Date Final Fonn Must be Date Final Fonn Must re Date Final Form Must be I
I Commission Meeting Turned in to Citv Clerk's Turned in to Legal Turned in to Procurement
Dates Office
rgJ SePtember 1, 2009 August 17,2009 August 12. 2009 August 10, 2009
0 SePtember 15, 2009 AUl!ust 31, 2009 AUl!ust 26, 2009 AUl!ust 24, 2009
,
iD ,
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RECOMMENDATION: A Motion to award "MICROSURFAClNG THIRTY FOUR (34) STREETS IN BOYNTON
BEACH" BID# 057-2413-09/CJD to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration, Florida, with a total
Expenditure of: $377,136.24.
EXPLANATION: On July 14,2009, Procurement Services opened two (2) proposals, which were reviewed by the
Engineering Department. After review the Engineering Department recommends Florida Highway Products, Inc.
which is the lowest bidder who met all specifications. The locations of these streets are Sky Lake, Venetian Isle,
Velaire, Lakeshores at the Meadows, and Lake Boynton Estates. There was a deficiency in their proposal as noted on
the Tabulation sheet, yet it has been corrected to the satisfaction of the Engineering Department. Florida Highway
Products did not add the indemnification cost of $10.00 to the total oftheir proposal.
The Lake Boynton Estate portion of the project is being removed and the street, will now be resurfaced as part of a
future water main replacement project by the Utilities Department which is s(.heduled to commence in fiscal year
09/10. The remaining funds left over after the deletion of the Lake Boynton ESlate area will be utilized to resurface
other City streets. A change order will be processed deleting the Lake Boynton Estate streets and adding the other
streets. Please see attached map depicting locations to be microsurfaced.
PROGRAM IMPACT: The purpose of this bid was to seek a contractor to micro-surface thirty-four (34) streets in
Boynton Beach which includes crack sealing and rut filling of existing streets.
FISCAL IMPACT: The approved budget for the project, CP0266, is $625,000.00 and is funded from 302-4905-580-
63-08.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
C Jeff Livergood - City Engineer
Andrew Mack - City Engineer
David Kelley - City Engineer
George Mantell - Project Manager
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: This is an annual maintenance project that is on-going to maintain the streets within Boynton
Beach. Without this maintenance our streets would deteriorate and would require more extensive repairs.
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Jeff Livergood - City Engineer
Andrew Mack - City Engineer
David Kelley - City Engineer
George Mantell - Project Manager
File
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CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
ROAD RECONDITIONING MAP
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 09-065
TO:
Carol Doppler, CPPB
Purchasing Agent
Procurement Services "
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Andrew P. Mack, P.E. f'. i r\, \,
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Engineer ;
Public Works Department
Engineering Division
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FROM:
DATE:
August 6, 2009
RE:
Microsurfacing Thirty Four (34) streets in Boynton Beach Florida
Bid Number057-2413-09/CJD
The Engineering Division has completed our review of both bids submitted for the above
referenced project.
Based on our review of the bids it appears that Florida Highway Products Inc. is the lowest,
most responsive, responsible bidder. The Engineering Division is recommending award of the
project to Florida Highway Products Inc. Attached is a bid tabulation for your use.
If you should have any questions or comments please contact me in the Engineering Division at
561.742.6982. Thank you.
xc: Jeff Livergood, PE. Director of Public Works
H. David Kelley, Jr. PE/PSM. City Engineer
George Mantell, Project Manager
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BIDDER ACKNOWLEDGEMENT
ORIGINAl.
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date: JUNE 17,2009
Bid Title: MICROSURFACING THIRTY FOUR (34) STREETS IN BOYNTON BEACH,
FLORIDA
Bid Number:
057-2413-09/CJD
Bid Received By: JUL Y 14, 2009, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: JULY 14, 2009, no later than 2:30 P.M. (local time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor: FLOflnA H(("]~JA" <p'ROCXlU5,INC.
Federal LD. Number: 5g - 31 O?~ I B 3
A Corporation of the State of: F Leftl DA
Area Code: YO'" Telephone Number: 5lnla - ~ 2 DO
Area Code: L-tO 1 FAX Number: 5~ - ~ 20 I
Mailing Address: \ \10 c...e I E BR A.I ON -p., LVD. * '0 I
City/State/Zip: CELE..BRATIDN ) t=L 3~7
Vendor Mailing Date: l[') b~ de11~ered 0-7!ILf
;
R
'ROAEf<T H. MAC,&AR.D
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
SA - 1
ADD END A
CITY OF BOYNTON BEACH
FLORIDA
BID TITLE: ""1C."OSllf~PUNG T1412T'I FD JR. (.~4):)T((~ET~ IN ~YNTON
"BE A(.H) F LC 12 lOA
BIDDER: (:'L()Q..IDA 1-h(~,,",wA'I PR..D.OlX.T ~ p II\...\G ._____~_~______ _______~
DATE SUBMITTED:
~.) ULi l't, Lc(r C'J
We propose and agree, if this bid 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 document. prepared by:
G EOl<6E ;V\AI\JrELL. i kNO(2EJf\l t->. r-/\liCK ) r< C..
(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
'~I
-:l:1:J
.......
DATE
Co {.Z. '1 J ( -'/-"1
O-II()bjO~
,
ADDENDUM
DATE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
/\ - I
RX Date/Time
To: Albert Arjibay
06/24/2009 13:27
Fm:Onvia.com Inc
12:26 06/24/09 PG 001
P.OOl
The City of
Boynton Beach
',""."m':..
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,:.\, ''1;/.1, i-
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Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Flonda 33425-0310
Telephone: (561) 742-6320
FAX: (,561) 742-6.~06
ADDENDUM #1
DATE:
June 24, 2009
RFP TITLE:
"MICROSURFACING TWENTY FOUR (24) STREETS IN
BOYNTON BEACH"
RFP NUMBER:
#057- 2413-09/CJD
The following changes, additions, deletions, and/or information are hereby made a part of
the RFP for the "MICROSURFACING TWENTY FOUR (24) STREETS IN
BOYNTON BEACH"
ADDITIONAL INFORMATION ATTACHED:
n SEVEN (7) MAPS OF THE STREET LOCATIONS AND NOTES AS
MENTIONED IN THE SPECIFICATIONS
RX DatelTime
To: Albert Arjibay
06/24/2009 13:27
Fm:Onvia.com In
12:26 06/24/09 PC 00
P002
Date !~ t i t_ '1 Y LCil)Lj
,
FLORIDA Hlu>>WA'I Pr<oCLlGTS, iNC..
By ~~o~oraen, Finn or Individual)
Signature
1<O~e.QT Id. f''\A(,(,Ae..D
~ Printed Name
t'Q.Eb\DE.'" T
(;j ) Title
01 5~~-42..00
Telephone Number
~
Carol Doppler, CPPB
Purchasing Agent
/cjd
C. Andrew Mack - Engineer
George Mantell - Project Manager
City Clerk
Shelf copies
File
RX Date/Time
To: Albert Arjibay
06/24/2009 13:27
Fm:Onvia.com Inc
12:26 06/24/09 PG 003
P.003
The City of
Boynton Beach
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Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
, BO}'/1ton Beach, Florida 33425-0310
Telephone: ($61) 742-6.UO
FAX: ($61) 742-6316
ACKNOWLEDGEMENT OF ADDENDUM #1
"".l\fiCROSURF ACING TWENTY FOUR (24) STREETS IN BOYNTON BEACH"
BID #057-2413-09/CJD
RESPONDENT MUST SIGN, DATE AND INCLUDE TIDS
"ACKNOWLEDGEMENT OF ADDENDUM #1" WITH BID PACKAGE IN
ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND
ACCEPTABLE.
FlOQlDPI ~A" PRooLl(-T61~' ~~ f
NAME OF RESPONDENT . SIGNATURE OF R . PONDENT
ZS"'UL'/ q . 2 o OCt
.
DATE
~O~T H. MA66ARD
PRINT NAME "'P~, DeN T
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6320
FAX: (561) 742-6306
ADDENDUM #2
DATE:
July 8th, 2009
RFP TITLE:
"MICRO SURFACING THIRTY FOUR (34) STREETS IN
BOYNTON BEACH"
RFP NUMBER:
#057-2413-09/CJD
The following changes, additions, deletions, and/or information are hereby made a part of
the RFP for the "MICRO SURFACING TIDRTY FOUR (34) STREETS IN
BOYNTON BEACH"
(1) The following is for clarification and changes to the bid documents:
All sections numbers at the bottom of technical specifications are to be disregarded
and only page numbers utilized.
Strike entire Section 01390 Video and Photographic Site Survey it will not be utilized
and is hereby removed from the bid documents.
There will be NO CHANGES to Section 02741 (2.1.1 or 4.1).
There will be NO CHANGES to Section 02742 (2.20.
(2) Please note the following changes to specifications. Additions are underlined.
deletions are struck through.
Section 01200
1.8 Unit of Measure
A. Microsurfacing shall include valve box adjustments and manhole riser rings, saw
cutting, milling, installing asphalt surface in the required thickness and all incidentals~
including temporary stripping required to make a complete installation. Measurement for
this item shall be at the Contract unit price (per square yard, length times width) installed.
complete and accepted.
Microsurfacing beyond the limits established by the project construction drawings will
not be considered for payment.
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6320
FAX: (561) 742-6306
Section 01380
2.1 PRINTS:
A. Type: Color prints
B. Finish: Smooth glossy surface
C. Size: 8 in. x 10 in. with suitable margin for identification
D. Paper ';leight: Single vleight
E. Number of prints: One of each ','iew
F. In lieu of prints all progress photos will be submitted on CD or DVD disc with
each payment application.
Section 01700
1.4 Street Cleaning
C. Contractor shall provide a water truck and broom tractor and/or fstreet sweepert
to maintain the project areasJ roadways free of construction debris and dirt on an as
needed daily basis. At the discretion of the Project Manager, the Contractor may be
required to "run" the '.vater truck on the project area roadways and e)(ca','ation areas up to
1 times per day, depending on '",eather conditions.
Section 0 1 700
1.6 Project Schedule
A. The Contractor shall prepare a Master Project Schedule (MPS) in the form of a
computer generated, horizontal bar chart comprised of a time-scaled network logic
diagram identifying each major work activity for the design (if applicable), procurement,
fabrication and/or construction segments (as applicable). The Critical Path Method
(CPM) must be used in the Precedence Method, the L^.rrOW Diagram Method (l..DM) is
not allowed. The baseline, early start and early finish dates, duration, actual start and
actual finish dates and percentage complete for each activity must be identified.
F. Upon acceptance of the MPS, the Start and Finish dates for all activities may be
adiusted and are subiect to prior approval shall be ~ as the Baseline Start and
Baseline Finish dates; for tracking purposes, these dates CllrJlot be changed. l\fly
revisions to the MPS Baseline dates or sequencing logic must be accepted by the Project
Manager.
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach. Florida 33425-03 10
Telephone: (561) 742-6320
FAX: (561) 742-6306
Section 02741
2.7.2 Mixing Equipment
The machine shall be specifically designed and manufactured to lay Micro-Surfacing.
The material shall be mixed by an automatic-sequenced, self-propelled Micro-Surfacing
mixing machine, which shall be a continuous-flow mixing unit able to accurately deliver
and proportion the aggregate, emulsified asphalt, mineral filler, control setting additive,
and water to a revolving multi-blade, double-shafted mixer and to discharge the mixed
product on a continuous-flow basis. The machine shall have sufficient storage capacity
for aggregate, emulsified asphalt, mineral filler, control additive and water to maintain an
adequate supply to the proportioning controls, The machine may be required to be a self...
loading machine capable of loading materials while continuing to lay micro surfacing,
thereby minimizing construction joints. If used, the self-loading machine shall be
equipped to allow the operator to have full control of the forward and reverse speeds
during applications of the Micro-Surfacing material and be equipped with opposite-side
driver stations to assist in alignment.
The self-loading device, opposite-side driver stations, and forward and reverse speed
controls shall be original equipment manufacturer design. The Contractor will be required
to o\\'n both the truck mount and continuous flo',\' machines.
Addendum # I
RFP TITLE: "MICRO SURFACING TWENTY THIRT"- FOUR (~.14) STREETS IN
BOYNTON BEACH"
The following changes, additions, deletions, and/or information are hereby made a part of
the RFP for the "MICRO SURF ACING TWENTY THIRTY FOUR (~14) STREETS IN
BOYNTON BEACH"
Datej"U L'i Ie) I 2.0oq
i=""LOQlat t-h6HwA'I pr<.DOlrfS; I N(~ .
By CBt:;;rp?iOn, Firm or Individual)
Signature
KD~T H. f'I\AG0N2n
P Printed Name
Q.Eb\DENI
Title
4Dl - SJ..p(p - Y 2-0 r)
Telephone Number
Carol Doppler, CPPB
Purchasing Agent
/cjd
C: Andrew Mack - Engineer
George Mantell- Project Manager
City Clerk
Shelf copies
File
The City of
Boynton Beach
(....@....r.-....
'~
, .
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-IJ3 j IJ
Telephone: (561) 742-6310
FAX: (561) 742-6316
ACKNOWLEDGEMENT OF ADDENDUM #2
""MICROSURFACING THIRTY FOUR (34) STREETS IN BOYNTON BEACH"
BID #057-2413-09/CJD
RESPONDENT MUST SIGN, DATE AND
"ACKNOWLEDGEMENT OF ADDENDUM #2" WITH
ORDER FOR SUBMITT AL TO BE CONSIDERED
ACCEPT ABLE.
INCLUDE THIS
BID PACKAGE IN
COMPLETE AND
FWI2JOA ~iA" PQDDUC:O) iNC.
NAME OF RESPONDENT
1 A--..7
f:t~-. ,"
SIGNATURE OF RESPONDENT
JUL"i lD i 200e1
DATE
.~ .1, ",
I CA~J- ~+. IV\ 11-6 bf1eO.
PRINT NAME
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
MICRO SURFACING THIRTY FOUR (34) STREETS IN BOYNTON BEACH, FLORIDA
BID #057-2413-09/CJD
Scope of Work:
The scope of work is more clearly defined in the Technical Specifications contained in the
Contract Documents and as shown on the project drawings. ~ ( .
GRAND TOTAL (All Bid Items 1 - 6)
(From Page BP-I)
Three hundred seven-t't 'SeVe%) +holJ~Clnd
one hundred ~~'+'1 S"\ 'l
$ 317 I ( 21.0.2'-1-_
.
.'
Dollars
and
+\Nen+-~ -POl)r
(amoun wnrten III words has precedence)
Cents
THIS PAGE TO BE SUBMITTJ:D IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP -1
ITEM
NO
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
SUB TOTAL BASE BID
Bid Proposal continued..
SCHEDULE OF BID ITEMS
MICROSURFACING THIRTY FOUR STREETS IN BOYNTON BEACH, FLORIDA
2009
DESCRIPTION
MICRO SURF ACING DOUBLE COURSE
CRACK-FILL
RUT-FILL LEVELING
MAINTENACE OF TRAFFIC MOT
+~--+-- I
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Items 1 - 6
-~
fb.311.1&.2-4,
I
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10.00
----. ________....11
-------'-______ __ _ __L________-.L
TOT AL BASE BID
24. Indemnification.
I ;----rN- A
I . i . /
- ---.----.-----r-----.--
!
___.. ____ ____________1.____
GRAND TOTAL (All Bid Items 1 - 6)
(enter this amount on Page BP-l )
$
7:b3-17) l~ .lLt
IIn Numbers)
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP-2
Bid Proposal continued.. ..
The undersigned bidder agrees to commence work within ten (10) calendar days after the date of
the "Notice to Proceed" and shall achieve Substantial Completion without interruption within 2Jl
calendar days thereafter.
-.L Original and three (3) copies of bid submitted.
~ Attached is a computer generated horizontal bar chart showing proposed schedule of
work.
1 Schedule of Subcontractors submitted.
.~
~ Site Inspection Form submitted.
-.L Evidence of possession of required licenses and/or business permits submitted.
The undersigned bidder hereby represents that he has carefully examined the drawings and the
Contract including all Contract documents and will execute the Contract and perform all its
items, covenants. and conditions, all in exact compliance with the requirements of the
specifications and drawings.
The bidder, by and through the submission of his Bid, agrees that he has examined and that he
shall be held responsible for having theretofore examined himself as to the character of the route,
the location, surface and underground obstructions, the nature of the ground water table,
conditions and all other physical characteristics of the work, in order that he may thereby provide
for the satisfactory completion thereof, including the removal, relocation or replacement of any
objects or obstructions which will be encountered in doing the proposed work.
The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the
event bidder contests the award of this project to another bidder, that the bidder damages, if any,
are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to award the project bidder.
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP-3
Bid Proposal continued...
Date '_ )u L"i !-\U~) CY:.J\
F LOI(IDA ~:::h6+fv.JA" PQODw'::'J [Nt.
(Name of bidder, Corporation, Firm or Individual)
ATTEST:
If/Ak YC
-
DAwN \(l.EiN.~ITH I SE:(-'<.2TP~2..'1
By_
~~L~
S i gnatur
1<ot.?EQT H. l"\A~bA{<.cL__~
Printed Name
.p t< E S (D EN L______
Title
(LfDl)SldD-4200 ._
Telephone Number
Florida Contractor's License Number l UC \ 2.. 2.. Y ()2 4-----
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP-4
43
1/2/2009
Robe-It H. MagarCl, CEO
Roadway Management,. Inc..
Florida Highway Product5 DM5oion
1170 Celebration Btv<!,
celebration, FL :J4747
Dear Rob:
I want to take some time to commend Florida Highwav Products for the excellent work they
have done for Oranse Countv' durins. my tenure. And, I want to al$o make sure I let you know how much
I have appreciated Ray Jackson's work for the past fifteen yeal'S. HIs work, and the wo~ of the rest of
your staff, has been invaluable to accomplishing ewrytf1ing we compreted over that time period. I'm not
sure any ottler County tn the State of Florida t\as transltionl!c1 as many mIles of dirt roads into paved
roads with Open-Grided Co!d Mix. We competed almost 300 miles! Together, we pioneered that wort
in the State and perfected it. Many residents in the County (and Board Members) have commented
positively (Jf'I what we did for them.
We have been exceptionally pieased w~h yollr projects. In additicnr we have en;oved our
worlcjng relationship because you have- ii1lwiYS brought us new and innovative products to consider as
they became available. Mi('l"OoSurfacins was: one sud1 product. It has aUowed us to resurfac@ more roads
by being abfe to mix aoo matd1 solutions for various raid distresses. I know we have gotten more .....111
for our bud:. - The overall road netwOrk condltiOtl has improved mud'! quiCker tha n it otherwISe would
have without the m be of treatmertts FHP provides.
As I @'nter my retlfement, ..11 always remember tile W011c. that FHP has done for the County.
Thanks for everyth-na you did over the years to make mV job easier and to help ptOvide the best
possible so'utions and value for the taxpayers of tM County; I couldn't have- doM' it without th! close
warlcing partllef$hip we enjoyed.
Sincerely,
-, r' -:r i/~
L-".o.---LR r:r> ~'"
Carl Landon
HiShwiY Coordin4ltor for Roads & Drainage
Orange COunty, fl
FLORIDA HIGHWAY PRODUCTS. INC. a ROADWAY MANAGEMENT COMPANY
-=rrr:w
--.&uIIIIII
IlL
,-
Florida Highway Products, Inc.
1170 Celebration Blvd., Ste. 101
Celebration, FL 34747
Ph: (407) 566-4200. Fax: (407) 566-4201
www.floridahighway.net
November 20, 2008
Corporate Resolution
Florida Highway Products, Inc.
1170 Celebration Blvd. Ste. 101
Celebration, FL 34747
I hereby certify that the following resolution was unanimously adopted, approved and
confirmed by the Organization at a meeting held to consent action in lieu thereof:
RESOLVED, that the listed below officers of the Organization are authorized to
execute contracts for the Organization.
ROBERT H. MAGGARD, PRESIDENT
I further certify that I am a person authorized to make certifications herein and that
the foregoing is a complete and correct copy of the resolution duly adopted by the
Organization and affirmatively appearing in the permanent records of the
Organization on September 30,2006.
I further certify that there is no provision within the articles of incorporation, by-laws or
other governing documents of the Organization that either restrict the passing of the
foregoing resolution or prevents me from executing this certificate and that these acts
were and are duly approved and authorized in conformity with the governing
documents and applicable laws.
I further certify that the Organization is duly organized, validly existing and in good
standing under the laws governing its creation and existence, and is duly registered
in the state of Florida.
42-
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Sincerely,
Dawn A. Kleinsmith
Secretary
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~ VERONICA F. BUCHANAN :
: ","Illlllt" Comm# 000681676 :
:t\~'f P{~ :
l?m : ~ Expires 6/412011 :
;:~I\~fi~ .
~;;.'iOf'(o..~~ Florida NotaryAssn. Joe :
'('uu.n\\ , .
" . '~~; t OSI' II 11.11 ...... ..... ....... II' .......
BID BOND
STATE OF FLORIDA
)
)
COUNTY OF PALM BEACH
KNOW ALL MEN BY THESE PRESENTS, that Florida Highway Products, Inc.
as Principal, and Berkley Regional Insurance Company
, as Surety, authorized to do
and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors,
jointly and severally, finnly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying bid, dated July 14
, 20 09 , for:
MT(;ROSURFA(;TN~ TlfTRTY FOTTR (~4) STRRETS TN BOYNTON RRACH", FT ,ORIDA
NOW THEREFORE,
A. lfthe principal shall not withdraw said Bid within ninety (90) days after date of opening
of the same, and shall within ten (10) days after the prescribed forms are presented to
him for signature, enter into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be
required, for the faithful performance and proper fulfillment of such Contract, then the
above obligations shall b~ void and of no effect, otheIWise to remain in full force and
effect.
BIB ~ 1
Rev. 10/21/05
B. In the event of the withdrawal of said Bid within the period specified, or the failure to
enter into such Contract and give such bonds within the time specified, if the principal
shall pay the Owner the difference between the amount specified in said Bid and the
amount for which the Owner may procure the required work and supplies, if the latter
amount be in excess of the former then the above obligations shall be void and of no
effect, otherwise to remain in full force and effect.
C. This bond is given to comply with Section 255.05 Florida Statutes, and any action
instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05 (2), Florida Statutes.
IN WITNESS WIUf,REOF, the above bounded parties have executed this instrument
under their several seals, this ~ day of June, 2009 , being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of is governing
body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affIX seal).
PRINCIPAL:
Florida Highway Products, Inc.
Name afFirm
'"PREsiDENT
Title
. 1170 Celebration Blvd., Suite 101
Business Address
Celebration, FL 34747
City and State
BIB - 2
Rev. 10/21/05
SURETY:
Berkley Regional Insurance Company
Corporate Surety
WITNESS:
~~ens
412 Mt. Kemble Ave., Suite 310N
Business Address
Morristown, NJ 07960
City State
Nielson, Wojtowicz, Neu & Associates
Name of Local Insurance Agency
BIB - 3
Rev. 10/21/05
CERTIFICATE AS TO CORPORATE PRINCIPAL
1,
certifY that I am the Secretary of the Corporation named
as Principal in the within bond; that l<c:Pr"-.J2T i-tJ'^AG(~ho signed the said Bid Bond
on behalf of the Principal, was then PQl=:S\OEN T of said Corporation; that I know has
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by aut
~
~ecretary (corporate seal)
1::>Aw I\J k:.LEJI\S SM \TH
STATE OF FLORIDA
)
COUNTY OF rALM DEACIf P INELLA5)
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared
Kevin R. Wojtowicz
to me wen known, who being by me first duly sworn upon oath, says
Company
that he is the Attorney-in-Fact, for the Berkley Regional Insurance and that he has been
Company
authorized by Berkley Regional Insurance
to execute the foregoing bond on behalf of the
Contractor named therein in favor for the Owner, the City of Boynton Beach.
~\~~~~:fj!~1~ CATHY M. KNOKE
~.tl:i.";*~ MY COMMISSION # DD 7890,0
~~~..;.%i EXPIRES: September 13, 2012
1",9fllfh"~ 80nded Thru Notary PUblic Undef\oVfilNS
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Rev. 10/21/05
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No. 49lb
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint:
Kevin R. Wojtowicz or John R. Neu of Nielson & Company, Inc. of St. Petersburg, FL
its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation
shall exceed Fifteen Million and 00/100 Dollars ($15,000,000.00), to the same extent as if such bonds had been duly executed
and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
"RESOL VED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on
behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and
further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOLv~D, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOL VED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power
of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though
manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or
persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be
such at the time when such instruments shall be issued."
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this :2.. ""day of ~ ' 2008.
Berkley R
(Seal)
Attest: ~
By ~.~
(ra . Lederman
Senior Vice President & Secretary
By
Robert P. Cole
Senior Vice President
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this 'd.. ~ day of ~, 2008, by Robert P. Cole and Ira
S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice resident and Secretary, respectively, of
BerkleyRegionalInsuranceCompan~ILEEN KILLEEN .a '" _ L>."._
NOTARY PUBLIC ~ L~-'
MY COMMISSION EXPIRES JUNE 30. 2012 Notary Public, State of Connecticut
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
foregoing is a true, correct and complete copy of the original Power of Attomey; that said Power of Attorney has not been revoked
or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this
Power of Attorney is attached, is in full force and effect as of this date.
Given under my hand and seal of the Company, this ~ day of
June
2009
(Seal)
{j-~ ;J:
John F. B rs
BERKLEY REGIONAL INSURANCE COMPANY
STATUTORY BALANCE SHEET
DECEMBER 31,2008
(AMOUNTS IN THOUSANDS)
Admitted Assets
Bonds
Common & Preferred Stocks
Cash & Short Term Investments
Premiums Receivable
Other Assets
$ 1.301,991
509,539
134,989
294,484
424,453
Total Admitted Assets
i____ 2,665,456
Liabilities & Surplus
Loss & LAE Reserves
Unearned Premium Reserves
Other Liabilities
'];
1.445.679
582,180
27,296
Total Liabilities
~____ 2.055,155
Capital Stock
Additional Paid In Capital
Unassigned Surplus
$ 4,000
347,723
258,578
Total Policyholders' Surplus
$___ 610.301
Total Liabilities & Surplus
$ 1.665,456
Officers:
Directors:
President:
Treasurer:
Secretary:
Sr. Vice President:
Sr. Vice President:
Vice President:
William Robert Berkley
Robert Floyd Buehler
Ira Seth Lederman
Eugene George Ballard
Robert Paul Cole
Clement Patrick Patafio
Eugene George Ballard
William Robert Berkley
William Robert Berkley, Jr.
Robert Paul Cole
Paul James Hancock
Robert Carruthers Hewitt
1 ra Seth Lederman
Clement Patrick Patafio
James Gerald Shiel
A Member of:
Nielson, Wojtowicz, Neu & Associates NielsoQ&Company,lnc.
THERE IS A DIFFERENCE...
June 25, 2009
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
RE: Florida Highway Products, Inc.
Project: Microsurfacing 34 Streets in Boynton Beach, FI
This is to advise you that our office provides Bid, Performance, and Payment Bonds for
Florida Highway Products, Inc. Their surety is Berkley Regional Insurance Company,
which carries an AM Best Rating of A + XV and is listed in the Department of the Treasury's
Federal Register.
Based upon normal and standard underwriting criteria at the time of the request, we should be
in a position to provide Performance and Payment Bonds in the amount of $5,000,000 for a
single project and $15,000,000 aggregately. We obviously reserve the right to review final
contractual documents, bond forms and obtain satisfactory evidence of funding prior to final
commitment to issue bonds, and we cannot assume liability to any third party, including you,
if we do not execute said bonds.
Florida Highway Products, Inc. is an excellent contractor and we hold them in highest
regard. We are extremely confident in our contractor and encourage you to offer them an
opportunity to execute any upcoming projects.
This letter is not an assumption of liability, nor is it a bid or performance and payment bond.
It is issued only as a bonding reference requested by our respected client. If you should have
any questions, please do not hesitate to give me a call.
Sincerely,
,
Kev Wojtowicz
Producer
KRW/cmk
Providing Bonds for the Construction Industry
1126 Central Avenue, Suite 200, St. Petersburg, FL 33705
(727) 209-1803. Toll Free (800) 965-9597. Fax (727) 209-1335
www.performancebonds.com
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor bidding 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 bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the Contractor's proposal.
* attach additional sheets giving the information
2.
Business Address:
F LOQ\DA HIGHWA"f A<.Oi)L)LT::,. i ~c .
,
\ Il[) ( ELE~RATI DNBl.-vD. it 10 \
LELC611A.TION) FL 34--'i-/
1.
Name of Bidder:
3.
When Organized:
19EU
STATE- OF FLOR'DA
4.
Where Incorporated:
5. How many years have you been engaged in the contracting business under the present
firm name? 'B_~______
6.
General character of work performed by your company
J~\ l CR...CoU a. PACj ,,)'-::t: \-<,\-1 C-I'.tlt=.:-",' I' yo" C2.c.s,82_vl-\-' to I ()\...
(r-li If J2.{). Co Li) (V'\ i 'J.. ; ( (;?,; 1.. :'-:EJ~LQDItO ~r:=j, ~A-fl'C.f<.
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S.)i2fALE.\(<EATV\E~\\. ;~J , rl7'" r 1\1\ j K +-''/':-\'''/1 f\:\{'j . .' }
, . ~
7. Enclose evidence of possession of required licenses and/or business permits.
8.
Number of employees.
-..........-./.
""" .
f
".,
9. Background and experience of principal members of your personnel, including officers. *
",,"-~
'::P
,.. f" I' ",- ( . .. .
UUu UUU sir
( y((:{:~dt~
.J ,.'
10.
Bonding capacity.
11. Have you ever defaulted on a contract? If so, where and why?* N C.
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ - l
STATEMENT OF BIDDER'S QUALIFICATIONS continued......
12. Experience in performance.
Proj ect
$ Value
Contact Name
Phone #
O(OfY)~ rOon'f-.::j.
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13. Contracts on hand. *
14. Largest completed projects (include final cost).
1)
2)
3)
15. List all lawsuits (design and/or construction related) or arbitrations to which you have
been a party and which: *
1) arose from construction projects: *
2) occurred wi thin the last 4 years: *
3) provide case number and style: *
Dated atFLOt<IDA ttU':'HvJA'l PR.DDlX..i-S;JrJe .
this qfrl day of J UL't 2<(29
By; 4~( (J
(written s gnature)
Name: K013EtZ T H - tJ'\AGGAi2.D
(printed or typed)
Title: Paf:.~IDENT
Rev. 05/30103
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ - 2
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Bidder's Site Personnel
Proposed Job Superintendent: Elias Montoya
Experience:
11+ years with Florida Highway Products, Inc.
. Superintendent - 3+ years
. 8 years on Micro crew - promoted from Laborer to Box Man to Operator
11\
~ ~7
Robert H. Maggard
President & CEO - FH P
Expert on Pavement Management & Road Treatments
Backaround
. Robert H. Maggard is an established expert in emulsions, road treatments, and pavement management
. Robert H. Maggard is the sole owner of Roadway Management, Inc., - SE Division in business since
1991 and known as Florida Highway Products (FHP) and NE Division was part of the original business
started and running continuously as New York Bituminous Products Corporation (NYBIT) in 1954,
originally formed in 1932
. Robert H. Maggard has attended to and been a participant in virtually every aspect of the pavement
business - from Micro-Surfacing to Hot-Mix Asphalt to Full-Depth Reclamation
Leadership
. Robert H. Maggard's vision of the future has lead and continues to lead the industry; it is one which
operationalize's the idea of matching the right treatment to the right road at the right time.
. Robert H. Maggard has built his company to be a full-service, one-stop business that would service the
needs of his customers in ALL aspects of pavement restoration and rehabilitation.
. Robert H. Maggard is responsible for the overall direction and leadership of both his organizations. He
has lead them in unique and innovative ways - tieing what they do day-by-day focusing on core values
and their long-term view of their expectations in terms of customers, employees, operations, and finance
uniquely merging the two in a Balanced Scorecard approach to business.
. Robert H. Maggard has over 20 years in the management, business development, and operations in his
companies.
. Under Robert H. Maggard's leadership, his companies have delivered cost effective solutions for the
management of government owned infrastructure.
Additional Information
. Rob resides in Winter Park, Florida with his wife and four children and is an active member of the Young
Presidents Organization (YPO).
L .iHI.." !'1 ,C,j-t WI, . "fh..di, '. " '... .
21
John H. Klein
Vice President - FHP
General Manager Operations
Educational Background
Fredonia State, 1973-74 - Fredonia, New York
Silver Creek High School 1970-1973 - Silver Creek, New York
Work Experience
Florida Highway Products June-2006 - present
Vice President - General Manager Operations
· Safety director
.
Executive team member
.
Day-to-day operations of the company
Work quality
Cost estimation, change orders, and negotiating adjustment to scope
Scheduling - Manpower/Equipment
Cost keeping/Budgeting
.
.
.
.
Huntley Construction (2004-2006) - Project Manager/Safety Director
Fairview Excavating (2002-2004) - Project Manager/Safety Director
Peter Kiewit & Sons (1978-2002) - Assortment of jobs including Superintendent
Professional Trainina/Certifications
· A TSA/traffic control
· Nuclear densometer
· Primavera scheduling
· Erosion control certification
· Numerous schools for Kiewit: foreman, superintendent, and project managers
Special Awards
· "Job of the Year" 2002
· Numerous times "Safety Job of the Year"
· "District Superintendent of the Year" 1991
FLORIDA HIGHWAY PRODUCTS, INC. a ROADWAY MANAGEMENT COMPANY
Management Team Summary
Robert Maggard - President and Chief Executive Officer, Rob IS the sole owner oj
Florida Highway Products (FHP) and New York Bituminous Products Corporation
(NYBIT) and is responsible for the overall direction and leadership of the organizations
Mr. Maggard has over 20 years in the management, business development, and
operations in his companies. Under Maggard's leadership, his companies have delivered
cost effective solutions for the management of government owned infrastructure.
Nick Maruhnich, Ph.D., Executive VP o.f Sale s. Marketing. and Strategy, FHP- Nick is
currently working on implementing an Integrated Strategic System, to align and drive
FHP to future goals and success. Nick is a proven manager that has been successful in
running a number of organizations within McGraw-HilL including two business units that
range from thirty to forty million. His leadership focus is on developing and
implementing systems that work, motivating and aligning people to a common cause, and
teaching, mentoring, and bringing new ideas into an organization. Nick received a PhD
from Florida State University in Psychometrics/Measurement and Statistics and
Instructional Design.
D. Robert Bower, CPA, Chief Financial Officer - Robert brings more than fourteen
years of experience as CFO of companies as large as 500- employees and $150 million
in sales, primarily in construction and development. He has experience with all aspects of
financial management, planning, budgeting, reporting, financial modeling, and providing
management support. Robert has a Masters of Business Administration from Southern
Illinois University and a BA in Business Administration from Greenville College.
John H. Klein, VP-GM Operations - John has over thirty years of professional
experience in construction and utilities. John spent twenty-four years with Gilbert
Southern in which he was head of numerous multi-million dollar projects. He has
received various awards for his work in construction and utilities and is considered a
marquee manager in the field.
Albert A. Arjibay, Senior Estimator, FHP Albert has over twenty five years of
experience in asphalt and site construction, and maintenance. Former roles for Albert
have been Estimator, EEO Officer, Project Manager, and Senior Estimator in the asphalt
industry. His experience both in the private sector and in municipal government has
proven to be a big asset. Certifications include FDOT Asphalt Paving Technician (Levels
1 and 2) and Certified Florida DEP Protection Stormwater Erosion and Sedimentation
inspector.
Paul Carlisle, Regional Manager, FHP - Paul has over twenty years of experience in
roadway design, construction, and maintenance. Former roles for Paul include Town
Manager, Public Works Director, Road Division Manager. and Senior Project
Administrator for site and roadway development. His experience both in the private
sector and in municipal government has proven to be a big asset. Certifications in
roadside design, traffic control supervisor, and Certified Florida DEP Protection
Storm water Erosion and Sedimentation inspector.
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MICROSURFACING THIRTY-FOUR (34) STREETS IN BOYNTON BEACH,
FLORIDA 2009
#057-2413-09/CJO
Page SBQ - 2: Item 15. List all lawsuits (design and/or construction related) or
arbitrations to which you have been a party and which:
1) arose from construction projects
2) occurred within the last 4 years
3) provide case number and style
Response:
Reynolds vs. Florida Highway Products, Inc.
Bacon County, GA
#07-5U-030
Alleged product failure due to improper base installation, which was not done by
FHP; settled out of court
City of Parkland vs. Florida Highway Products, Inc.
1 ih Judicial Circuit Court, Broward County, FL
#009003593
Alleged intentional discharge of pollutants and contaminants; FHP maintains that
it has no liability - ongoing
41
.
St. Johns County Board of County Commissioners
Public Works I Engineering Division
June 9, 2009
Mr. Robert H. Maggard, CEO
Roadway Management, Inc.
Florida Highway Products Division
1170 Celebration Blvd.
Celebration, Fl34747
Dear Mr. Maggard:
I am very pleased to submit a reference letter summarizing the County's
experience with Florida Highway Products. FHP's service to St. John's County
began several years prior to my employment with the County. It started in the late
1990's with several miles of cold mix paving on the County's dirt roads. This
product and process served us well and greatly reduced our dirt road maintenance
budget.
In later years we used your micro surfacing on many miles of our roadway. Just
prior to the Super Bowl in Jacksonville, we micro surfaced several roads to not
only improve the serviceability of the roads but also the appearance of the roads.
As you know we have also used chip seal as a stress relief to reduce cracking on
roads that we hot mix overlay.
Full depth reclamation is another cost effective tool that we use and that you have
provided. We have reclaimed several roads using this process saving thousands of
tax payer dollars. We have been very pleased with your Company's full depth
reclamation. Kirchherr Road that FHP recently reclaimed was one of the best we
have experienced. We have also been impressed with the versatility of your
Company and crews as demonstrated in your application of hot mix asphalt
overlay and shoulder widening.
And last, you introduced us to GSB88, your sealer, binder, and rejuvenator. You
have applied some 200,000 square yards of this product to our roadways and we
anticipate their life span will be increased by 3 to 5 years.
In summary, St. Johns County is very pleased with the products, workmanship and
relationship that we have experienced and continue to experience with Florida
Highway Products.
Sincerely,
~
~
~
/
/
H.P. (Press) Tompkin0r., P.E.
County Engineer (
St. Johns County .
2740 Industry Center Road, St. Augustine, Fl 32084
P: 904.209.0110 I F: 904.209.0140
www.sjcfl.us
FLORIDA HIGHWAY PRODUCTS. INC. .J ROADWAY MANAGEMENT COMPANY
42
St. Johns County Board of County Commissioners
Public Works I Engineer(ng Division
April 16, 2009
Mr. Rob Maggard,
I just wanted to let you know what an outstanding job your reclaiming crew did for us on
Kirchherr Ave. I must say that Paul Wolfe has outdone himself. The crew that he has was able to
get in and get out with one of the best l'eclaiming products we've had,
Paul accomplished this task with very little input for me, which I appreciate. And he did
everything that was needed to have the roadway ready for paving in more than a timely manner.
So kudos to all OfYOlll' crew and especially to Paul for making it happen.
Sincerely,
~&
Howard Lawson
Project Coordinator
St. Johns County Engineering
J
Cc: Ray Jackson
, I . t'i ~ \';". t.'
BIDDER'S SITE INSPECTION CONFIRMATION
Check One:
[2J NON-MANDATORY 0 MANDATORY
BID TITLE: Ml(((OtxJt2.FA(jf\l(:l IH-it2T'{ - mUf<. (3'-/) STRFEfS IN
hO'lNT[)N 0EALJ-I) FLOr2JDA
BID NUMBER: 051-2.~13-0q/C"JD DATE: Ol/'t..f/O~
1<Oe.EeT MAC:;6Af2D, PRE.:SIDGNT as an authorized representative of:
(Print Name and Title of Representative) )
r- _ I I 1\_ .
H..O~IOA HlbHWA 'f t-'(~ODucr:, J I NC. (hereinafter called the bidder) located at
(Print Name of Company)
U10 CELE.&<f\1'IDN i2>uJD.~lDl) C FlEPll2p:nON.l Fl 34141 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.
4lfiil/ /
SIGNATURE OF OMPANY
REPRESENT A TIVE NAMED ABOVE
o
DA TE OF INSPECTION
OWNER'S REPRESENTATIVE
SIGNATURE FOR MANDATORY ONLY
Utilities Department
Rev. 12/30/03
BSI-l
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of F L() R IDA
County of OSCEOLA
+<D ())e~ I H. ~I\AGGAQ..D , being first duly sworn, deposes and says that:
1) He is ~r<E~ID~NT ofl='lO"-IDA l-:hGj..!wA",cPRDI'll 'LTt> tINe.-'J
(Title) (N ame of Corporation or Firm)
the bidder that has submitted the attached bid:
2) He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives.
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner.
directly or indirectly, sought by agreement or collusion or communications or conferencc with
any other bidder, firm or person to fix the price or prices in the attached bid or of any other
bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any
other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the t.. T'i u= '2X:Y"~TDN ~J..t(Local Public Agency) or any
person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest. including this affiant.
r..... veRoNiC'A' F.' BLicHANAN......5
. .
5 ~'\I\~If~l~, Comm# 000681676 5
5 .tf~: i Ex!" ll'l!:l> 614/201.1 5
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: 'l;.~'2>Of~~~ Florida Notary ,.:jl\Il., Inc :
i....:':'~~~\~...... 01' ..11111 iIll._" ~ ".. ;111I1/1 if; ..,.....-
(Signed) ~~_ ______
(Title)1<D~T H.lv'\A6&Ai2D}'PQES.
/1
Z/U1!Y1M~ fi,
,20
Subscribed and sworn to before me
This q *1 day of ,j \)~.-i
My commission expires
,./. . i 1. Ii
Wi!~ /1-0 I!
THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NCA- ]
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
~fJ~1 SS
COUNTY OF P,A~LM BEACH OCOCE.O LA )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be
paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my firm or by an officer of the corporation.
By:
~~L~
NAME - S GNA URE
Sworn an4 ~scribed before ~e
this day of ~ UL'l
, 20~
Printed Information:
'RMEflr H. MA("b~
NAME
-PQ ESlDE:NT
TITLE
1It/VIUU-' ,p ,~
NOTARY PUBLIC, State of Florida
at Large
III II '" 1!I1"'I.' II ~ II. t II I..."...... uNA" .IN' ......:
: VERONICA F. BUCHA 5
5 .,\"lIlf~1k Comm# 000681676 5
.~ ~, .
5 f. :} Expires 6/412011 5
. ,,~ .. .
: %,~ l' Flonds Notary Assn.,lnc :
~... ."~/.. ~-~\~\.......... ....... II' II II...... II' Ii
h.oQI~A ~&HWA-\I PQ[)l)lJuS )NG.
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
AKA- J
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?
~.._._~---
No
Yes
If Yes, please indicate by an "X" in the appropriate box:
Do you possess a Certification qualifying your business as a Minority Owned Business')
YES
NO -X~/A
If YES, Name the Organization from which this certification was obtained and date:
N 11\ 0 . . fI C .fi .
Issumg rgamzatlOn or ertl lcatlOn
N/A
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB - I
CONFIRMATION OF DRUG-FREE WORKPLACE
TDENTTCA T, TTE RTDS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
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. ~
~,p
"-..4. I /\...
Vendor's ignature peES I eE"1\\ T
FLC)((.lDA ~bHWA" PC2..DOLi:r~) INL .
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
DFW -I
TRENCH SAFETY ACT
AFFIDA VIT
On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on all
persons employed by the Contractor and his subcontractors.
The proposer is also obligated to identity his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE
FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A
BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT
BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE
SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE*
THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN
AND SUBMIT IT WITH THEIR BID DOCUMENTS.
1<ooEe T t+. V\AGbf\€D PQES.
- () J
l-LOC(tDA ~GH-WA" t"QD Odu6. Jr...l(" '
,
Name of Proposer
~{c
Authorized Sign ure of Proposer
P((t-::0iD~v-j I
*COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS
UNDER THE FOLLOWING HEADINGS:
Description
N/A
.
Unit
Quantity
Unit Price
Extended Price
Method
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TSA - I
SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference
shall be given to contractors with an established safety program following O.S.H.A. guidelines,
and documented results establishing a safe working environment.
1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the
Contract (attach to the back of this form).
2. The City reserves the right to conduct periodic safety inspections of the contractor,
subcontractor, employees, agents, etc. throughout the duration of the Contract.
3. The City reserves the right to terminate the Contract where it is determined that the contractor
or subcontractor is in non-compliance of the safety terms, regulations or requirements
established by O.S.H.A. or the State.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~
.. I/~
AUTHORIZE SIGNATURE
1<OQEf2T f-L ~A&bAi2.t:>) PQ..ES.
F\..oQ.~DA H1GttvJA'I Pt200LX.:rb; ING.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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ACORD~ CERTIFICATE OF LIABILITY INSURANCE Page I DATE (MM/DDIYYYY)
~ 1 of 2 03/24/2009
'~ODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis of New York, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC#
INSURED Florida Highway Products Inc. INSURERI'.: Old Renublic General Insurance Corporatio 24139-001
1170 Celebration Blvd. INSURER B: Everest National Insurance Company 10120-001
Suite 101
Celebration, FL 34747 INSURER C: National Union Fire Insurance Co. of Pitt 19445-001
INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD~~ TYPE OF INSURANCE POLICY NUMBER b~~If"''i.f,b~~ bi>f~q~~~6b~~ LIMITS
~TR NSR
A ~NERA~ ~IABILlTY A2CG45650802 8/1/2008 8/1/2009 EACH OCCURRENCE $ 1 000,000
X COMMERCIA~ GENERAL LIABILITY ~~~bl%~~9E~~~6Ji~nce , $ 100,000
I CLAIMS MADE W OCCUR MED EXP (Anyone person) $ 5,000
! PERSONAL & ADV INJURY $ L 000,000
-
GENERAL AGGREGATE $ 2 000,000
- I
GEN.LAGGR~E LIMIT APF;lS PER: PRODUCTS - COMPIOP AGG $ 2 000,000
~ PRO-
POLICY X JECT X LOC
A ~TOMOBILE LIABILITY A2CA45650802 8/1/2008 8/1/2009 COMBINED SINGLE LIMIT 1,000,000
(Ea accident) $
-X ANY AUTO
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
- HIREO AUTOS BOOIL Y INJURY
(Per accident) $
- NON-GWNED AUTOS
-.lL Comp $1000 PROPERTY DAMAGE $
X ColI $1000 I (Per accident)
I AUTO ONLY - EAACCIOENT
~RAGE LIABILITY $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
B =iJESS I UMBRE~LA ~IABILlTY 7lC4000219081 8/1/2008 8/1/2009 EACH OCCURRENCE $ 5 000 000
X OCCUR D CLAIMS MADE ; AGGREGATE $ 5 000 000
$
I
R DEOUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION A2CW45650802 8/1/2008 18/1/2009 T WC STATU- ,1 !OTH-
A AND EMP~OYERS' LIABILITY X TORY LIMITS ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE ~ I E.L. EACH ACCIDENT $ 1 000,000
OFFICER/MEMBER EXCLUDED? E.L. OISEASE - Ell. EMPLOYEE $ 1 000,000
(Mandatory in NH)
If yes. describe under E.L. DISEASE - POLICY LIMIT $ 1 000,000
SPECIAL PROVISIONS below
C OTHER Property 2632750 8/1/2008 8/1/2009 2,240,000 Limits of Liability
100,000 unnamed locations
100,000 Newly Aquired Locations
Ded "1 000
DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES I EXC~USIONS ADDED BY ENDORSEMENT J SPECIA~ PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE~~ED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIL~ ENDEAVOR TO MAI~ ~ DAYS WRITTEN
NOnCE TO THE CERTIFICATE HO~DER NAMED TO THE LEFT, BUT FAILURE TO DO so SHA~~
IMPOSE NO OBLIGATION OR ~IABILlTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2009/01)
Co11:2650565 Tpl:902255 Cert:12258222 @1988-2009A
The ACORD name and logo are registered marks of ACORD
D CORPORATION. All rights reserved.
Evidence of Insurance
Page 2 of 2
IMPORT ANT
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
This Certificate of Insurance 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 (2009/01)
Coll:2650565 Tpl:902255 Cert:12258222
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
FLORIDA HIGHWAY PRODUCTS, INC
1170 CE;EBRATION BLVD STE 101
CELEBRATION FL 34747
..~J~~~ OF 1;h?RIP~~.,. . . ~P!. ~,..f,~[
, R~~?'M~.MP:itr,"..qF}:j3P s i_~S:S.:~1>.J:T
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IT HAS A LICENSED.' 'QUALIFIER . )
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DETACH HERE
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Under.:the .:prdv.:\)sions'(i~~i5-f ci):'~p~i:.e;i:<k~;~;.~:'>l?S. '.. . ... . '. ..
Expiration date: AUG 31, 200~,::.:i;;;~.t'.\!;~;'t'.':~...r:;~... ..
';rHIS;:.,J:~ NOf;!:' ;.~:;~'M;rCE.NA.E}+p l?;."fJ;RF0~:.!\jW,Qg~.~ 'iL'JI.IS ALLOW~.. ..c'.
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
MAGGARD, ROBERT HAROLD
FLORIDA HIGHWAY PRODUCTS INC
800 MAYFIELD AVE
WINTER PARK FL 33831
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license I
.. STATE OF FLORIDA AC# 3935328
'~-:.i\ DEPARTMENT OF BUSINESS AND
~~~l PROFESSIONAL REGULATION
CUCJ.224024
08/21/08 088036333
CERT UNDERGROUND & EXCAV CNTR
MAGGARD, ROBERT HAROLD
FLORIDA HIGHWAY PRODUCTS INC
IS CERTIFIED under the provisions of ch.4B9 FS
Expiraeioc daee. AUG 31, 2010 LOBOB2101982
DETACH HERE
l\C#
393.5.32.8
, . STATE OF FLORIDA
._ ',""'. _ _,_'"'~_~ '_ .<.~.L!j .: ~~.'-:"!'_'.__ . _ .'.r<'"p '~:.."'-::-,'_ _:_:':,"_~
_ Dk~AR~EN~~; d~2~~i,sriMl.gz~'~ PR:OFESSIONAL REGULATION
. ,. :'KCQNST.JtUCBEI!ONr! INPUS!I'RY:~;LI CENS'ING BOARD
,::YlJF ~i~\.,"}t~:/ i;%];:;:~.2):Y ':;.,.:,.-;' SEQ#L08082J.01982
. IiICENSEr;;JNBR\;':~":
08/21/2008 088.0363 33',((; CU0:122:~tO!;2..4"
The uNDERGROu'Np.'UTIL:tT~ )~&7 E~~AVAT:tONqO
Named .below IS"CERTIF];];B';/ :{;;S,'~);
Under the provisidns 2)]=SChc;(i{bgi'r,i4aQ.FS.
Expiration date: AUG 31, 2010\ \J':':,,-:> ,
. '. ;.:.; ;,; 'I ..~,
':,':- ;., .~, '-.-~ '<'.!. -0-:", ":'~~-;<'.:"
MAGGiFiD i':_>RO:B.ERT HARQI:;D '.,ii';) "~;,. ,':
F,LORJ;:I)A:HI~G:awA,.1' PROD.UCTSr: IN€; ,
800'MAYFTELD-f:AVE ., ..., ",:.;::<;,.. ....
WI~TER PAR~. FL jiis9C
. CHARLIE CRIST
,.,rnT"!:;''O?o.T/""\'O .
\,,;IV v .....:..J..."'.L,,'-'.L':-
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. "':*ITl;l:$.PLA);'itA8\r:?:SQU IRED BY LAW
CHARLES.W. DRAGO
L''t:'Irt''O't:'r'J''''J\'OV'
.."l..L:I'-.L'.L;.i; .L...~.L.
2009
EXPIRES September 30, 2009
PATSY HEFFNER, TAX COLLECTOR
OSCEOLA COUNTY, STATE OF FLORIDA
LOCAL BUSINESS TAX RECEIPT
ACCOUNT NO.
62167
t"..SINESS TYPE 5001 MISCELLANEOUS CONTRACTOR
BUSINESS
3900 US Hwy 17 N.
OUT OF COUNTY
PATSY HEFFNER
Tax Collector
5001-62167
2102882
08/07{2008
Oper BNB
Till 21
Paid 30.00
RENEWAL
NEW UCENSE
TRANSFER
ORIGINAL TAX $30.00
MAILING
ADDRESS
Florfda Highway Products Inc.
1170 Celebration Blvd.
Ste 101
Celebration, FL 34747
AMOUNT NONEXEMPT 0.00
PENALTY
COLLECTION COST
TOTAL $30.00
Pavement Resurfing/Pavlng
cYa;z;.r-~JWJ
THIS RECEIPT IS IN ADOmOll AND NOT IN UEU Of ANY OTHER UCl:HSE REQUIRED BY LAW
OR MUNICIPAL ORDINANCE AND IS SUIIJECT TO REGULATIONS OF ZOrllNG, HEALTH. ArlO ANY
OTHER LAWFUL AUTliolllTY.
PATSY HEFFNER, TAX COLLECTOR
P.O. BOX 422105, KISSIMMEE FL 34742-2105
407-742-4000
THIS LOCAL BUSINESS TAX RECEIPT IS FURNISHED PURSUANT TO CHAPTER 205 LAWS OF FLORIDA
AND OSCEOLA COUNTY ORDIANANCE 95-10, AS AMENDED
The law requires this Local Business Tax Receipt to be displayed conspicuously at the place of business In such manner that it can be open
to the view of the public and subject to Inspection by all duly authorized officers of the County.
Pursuant to State Law, all Local Business Tax Receipts shall expire on September 30th of the succeeding year. Those Local Business Tax
Receipts renewed beginning October 1st shall be delinquent and subject to a delinquency penalty of 10% for the month of October, plus an
additIonal 5% penalty for each month of delinquency thereafter until paid; provided that the total delinquency penalty shall not exceed
")5% of the Local Business Tax Receipt for the delinquent establishment. A 25% penalty shall be imposed on any person engaged in any
!w business, occupation or profession without first obtaining an Osceola County Local Business Tax Receipt. PLUS: if delinquent more than
_50 days, subject to civil actions and penalties, and a penalty of up to $250.
This receipt is a Local Business Tax only. It does not permit the Local Business Taxpayer to vIolate any existing regulatory or zoning laws of
the state, county, or cities, nor does it exempt the licensee from any other I1cense or permits that may be reqUired by law.
This form becomes a receipt when validated by the Tax Collector. Note: Display in accordance with the county ordinance.
Local Business Tax Receipts are subject to change according to law.
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Florida Highway Products Inc.
1170 Celebration Blvd.
Ste 101
Celebration, FL 34747
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Dear Business Owner,
CITY OF WEST PALM BEACH
DEPARTMENT OF CONSTRUCTION SERVICES
This is your Local Business Tax Receipt I Certificate of Use for the 2008-2009 business year. J
appreciate your participation in the continued growth of the City of West Palm Beach. If we can be of assis-
tance, please do not hesitate to contact us by telephone or fax at the numbers shown below. Please read
the instructions carefully regarding the posting of this Business Tax Receipt I Certificate of Use. Further-
more, please be advised that, pursuant to Section 22-39 of the City's Code of Ordinances, a Certificate of
Use may be suspended or revoked upon certain violations of City, County or State law.
Sincerely,
Ned K. MeIiek, cao
BUILDING OFFICIAL
FOR INFORMATION CALL (561) 805-6700 OR FAX (561) 805-6676/ HOURS 8:00 AM - 5:00 PM - MONDAY - FRIDAY
BUS. TAX ID.
10000
CATEGORY DESCRIPTION
238998 CONSTRUCTION RELATED SERVICES
FEE
86.81
EXPIRES
SEPTEMBER 30,
2009
CHANGES PENALTIES 0.00
THIS DOCUMENT NOT VALID
UNTIL FUNDS ARE COLLECTED
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Florida Departraent of Transl)ortation
CHAR-Cm CRiST
c;ovrW.NOH
605 SuWCmr"l'?8 SirE,e:!
lol!ohassee, FL 32399-0450
,STrLPB..\Nlt C. KOl'li:I,OUSOS
:;;\':Cl~ ETA H. V
August 26, 2008
FLORIDA HIGHWAY PRODUCTS, INC.
1170 CELEBRATION BLVD. STS 101
CELESRTION, FLORIDA 34747
RE: CERTIfICATE Of QUALIfICATION
Dear Sir/Madam:
The Department of Transportation has qualif.ied your company for the amount and
the type of work indicated below. Unless your company is notified otherwise, this
rating will expire 9/30/2009. However, the new application is due 7/31/2009.
In aooordanoe with 8.337.14 (1) F.S. your next applioation must be f~led w~th~n
(4) months of the ending date of the applioant's audited annual financial
statements and, if applicable, the audited inter~m financial statements. Section
337.14 (4) C.S. provides that your certificate will be valid for 18 months after
your financial statement date. This gives a two month period to allow you to bid
on jobs as we process your new application for qualification. To remain qualified
with the Department, a new application must be submitted subsequent to any
significant change in the financial position or the structure of your firm as
described in Section 14-22.005(3), Florida Administrative Code.
M-~rMOM CAPACI7Y RA7ING: $25,050,000.00
E"DO~ APPROVED WORK CLASSES:
DRAINAGE, fLEXIBLE PAVING, GRADING, HOT PLANT-MIX8D alTUM. COURSES
FOOT APPROVED SPECIALITY CLASSES OF WORK:
ASPHALT MICROSURFACING.
Please be advised the Department of Transportation has considered your company's
qualification in all work classes requested. We have evaluated your company's
organization, management, work experience, work performance and adequacy of
equipment as directed by section 14-22.003, Florida Administrative Code. Based
on this evaluation, the Department is not able, at this tims, to prequalify your
company for the work classes: GRASSING, SEEDING AND SODDING, PAVEMENT MARKING.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Leg:al Turned in to Procurement
Dates Office
X September I, 2009 August 17, 2009 August 12, 2009 August 10, 2009
September 15,2009 Au I!:Ust 31, 2009 August 26, 2009 Aul!:Ust 24, 2009
0
0
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve a Contract Renewal by Resolution with Arbor Tree & Land, Inc. D/B/A ATL
Disaster Recovery. The Contract Renewal period is from September 1, 2009 through August 31, 2011.
EXPLANATION: On September 18,2007 the City Commission approved Resolution #07-107 a Piggy-Back Bid through
the City of Port St. Lucie with Arbor Tree & Land, Inc. for various services that may be needed for disaster recovery. The
Contract is to be utilized on an "AS NEEDED BASIS". Currently the Public Works Department has an agreement with
Phillips and Jordan for the debris removal from City right-of ways. The Public Works Department also may need additional
disaster recovery services. A TL Disaster Recovery is a locally owned and operated company from Boynton Beach
specializing in debris management and recovery services. Services that will be used, but not limited to include: Emergency
PushIRoad Clearance, Stump Removal, Hanging Tree Limb Removal, Tree Removal from Parks and Canal Clearing. All unit
prices remain unchanged for the renewal period. The contract is extended to include the period September 1, 2009 through
August 31, 2011. Expenses incurred for these services will be reimbursed through FEMA.
Procurement Services has reviewed the request from Public Works to renew the piggy-back contract with Arbor Tree & Land,
Inc. D/B/A ATL Disaster Recovery of Boynton Beach, Florida, for disaster recovery services and requests the Commission's
review, evaluation and approval of the Renewal Agreement between the City of Boynton Beach and Arbor Tree & Lands,
Inc., doing business as A TL Disaster Recovery.
PROGRAM IMP ACT: Due to the critical nature of this service it is imperative to have a contract in place in order to avoid
delays should there be a hurricane/disaster/emergency situation. Contract work for disaster recovery services is reimbursed
through FEMA.
ntract Renewal.
~~:';';Signaw
~
FISCAL IMP ACT: N/ A - Contracts are reimbursed through FEMA.
Public Works Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
IN WJTNESS WHEREOF, the parties have executed this contract at Port St. Lucie Flonda, the day and year
first above written.
CITY OF PORT ST. LUCIE FLORIDA
By fkudi g ~~
City Manager, DONAL B. COOPER
By:
ATTEST: ~. ' ......
BJC '!i44t ci ;to
City Cl , KAREN A. ILLIPS
. ,. """ii;lff'ATbor Tree & Land, Inc. d/b/a ATL Disaster Recovery
State of: -rW(LI \)A
County of: ()At}.k~ e,E:-AcH
Before me personally appeared:
W\L\...tF\\M rto~eS
(please print)
,Please check one:
Personally known X
Produced Identification:
(type of identification)
Identification No.
Iknown to me to be the person described in and who executed the foregoing instrument, and acknowledged to
i and before me that ttE"" executed said instrument for the purposes therein expressed.
: (he/she)
Ie al seal, this /)15 day of ~ JrJ(;
, 2009.
Notary Public-State of fi.OfU P\- at Large
Ella
:. ... ~'.. i~'~~:"I."
Oil ";:;2' \ ""1../YI'.
[My Commission Expires~. v' '-'\"-.l~
Contract #20070060
Renewal #]
Page2of2
.
I
l'
2 RESOLUTION NO. R09-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE RENEWAL OF "PIGGY-BACK"
7 OF A CITY OF PORT ST. LUCIE CONTRACT
8 #20070060 WITH ARBOR TREE & LAND, INC.,
9 D/B/A ATL DISASTER RECOVERY OF LAKE
10 WORTH, FLORIDA, FOR EMERGENCY DEBRISE
11 COLLECTION AND REMOVAL SERVICES;
12 AUTHORIZING THE MAYOR AND CITY CLERK
13 TO EXECUTE AN AGREEMENT; AND PROVIDING
14 AN EFFECTIVE DATE.
15
16 WHEREAS, City staff has confirmed that the City of Port St. Lucie has complied
17 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
18 requirements; and
19 WHEREAS, upon recommendation of staff, it is the City's desire to renew its
20 "piggy-back" of a City of Port St. Lucie Contract #20070060 and authorizes the Mayor
21 and City Clerk to sign a Contract with Arbor Tree & Land, Inc., d/b/a ATL Disaster
22 Recovery, of Lake Worth, Florida for emergency debris collection and removal services.
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 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption.
28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
29 approves the renewal of its "piggy-back" of a City of Port St. Lucie Contract #20070060
30 and authorizes the Mayor and City Clerk to sign a Contract with Arbor Tree & Land, Inc.,
S:\CA\RESO\Agreements\Bid Awards\Piggy-Back PSL - A TL.doc
11 d/b/a ATL Disaster Recovery, of Lake Worth, Florida for emergency debris collection and
2 removal services, a copy of the Agreement is attached hereto as Exhibit "A",
3
Section 3.
That this Resolution shall become effective immediately.
4
5
6
7
8
9
10
11
12
13
14
PASSED AND ADOPTED this
day of September, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
15
Commissioner - Ronald Weiland
16
17
18
19
20
21
22
23 ATTEST:
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30
31 (Corporate Seal)
32
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:\CA\RESO\Agreements\Bid Awards\Piggy-Back PSL - A TLdoc
RENEWAL CONTRACT FOR EMERGENCY DEBRIS MANAGEMENT
AND RECOVERY SERVICES
This Agreement is made as of this _ day of , 2009 by and between
ARBOR TREE & LAND, INC., D/B/A ATL DISASTER RECOVERY, of Lake Worth, Florida,
a Florida Corporation, with offices at 5796 Western Way, Lake Worth, Florida 33463 ("A TL"),
and The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East
Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS, during times of hurricane/disaster and/or emergency situations, .the City
may have the need for emergency disaster recovery; and
WHEREAS, on September 18, 2007 the City Commission approved a piggy-back of a
bid through the City of Port St. Lucie with Arbor Tree & Land, Inc. (contract #20070060, for
various services that may be needed for disaster recovery which was let by the City of Port St.
Lucie following equivalent contract letting procedures as are required by the City of Boynton
Beach Purchasing Policies, and
WHEREAS, the City of Port St. Lucie has exercised its option to renew its Contract with
A TL for a period of two (2) years; and
WHEREAS, Arbor Tree & Land, Inc., d/b/a A TL Disaster Recovery, submitted a
proposal dated July 8, 2009 to the City for the renewal of its contract with the City of Boynton
Beach at prices based on Port St. Lucie Contract #20070060); and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
for other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1.
this Agreement.
The foregoing recitals are true and correct and are hereby incorporated in
Section 2. The City and Arbor Tree & Land, Inc., d/b/a A TL Disaster Recovery,
agree that A TL shall provide emergency debris collection and removal services pursuant to
A TL's proposal dated July 8, 2009 and incorporating the terms and conditions for performance
as set forth in Port St. Lucie Contract #20070060, a copy of which is attached hereto as Exhibit
"A", except as hereinafter provided:
A. All references to the City of Port St. Lucie shall be deemed as references to the
City of Boynton Beach.
Page 1
S\CA\AGMTS\Piggyback (PSL - A TL).doc
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Copy:
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500/ Facsimile: (954) 771-4923
C. The proposal from ATL dated July 8, 2009, is attached hereto Exhibit "B".
Section 3. In the event that the City of Port S1. Lucie Contract is amended, or
terminated, A TL shall notify the City within ten (10) days. In the event the City of Port 81. Lucie
Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full
force and effect, and not be deemed amended or terminated, until specifically amended or
terminated by the parties hereto.
Section 4. The A TL agrees that in the event it enters into an Agreement for the same
(or substantially similar) scope of services with another local government in Florida which
contains a term or condition, including fees, charges or costs, which the City determines to be
more favorable than the terms in this Agreement, the parties shall enter into an Addendum to
provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name
the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Port S1. Lucie
Contract are hereby ratified and shall remain in full force and effect under this Agreement, as
provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
Page 2
C'.\r' ^ \ ^ ~~ilTC'\D;nmlh<'),r>l- (D~T _ h. TI \ nAf"
APPROVED AS TO FORM:
Office of the City Attorney
WITNESSES:
ATTEST:
SECRETARY
S:\CA\AGMTS\Piggyback (PSL - ATL).doc
Page 3
ARBOR TREE & LAND, INC., D/B/A A TL
DISASTER RECOVERY
BY:
Print Name:
Title:
EXHIBIT A
AGREEMENT BETWEEN CITY OF PORT ST. LUCIE
AND ARBOR TREE & LAND, INC., D/B/A ATL DISASTER RECOVERY,
Page 4
S\CA\AGMTS\Piggyback (PSL - A TL).doc
:
CITY OF PORT ST. LUCIE
CITY CLERK'S OFFICE
. . . . . . . . . . . . . . . . . . . .
A CITY FOR ALL AGES
LETTER OF TRANSMITTAL
./lIt.
10 .
f6;')
DATE:
JULY 6, 2009
TO:
FROM:
ARBOR TREE & LAND, INC.
P.O. BOX 1387
BOYNTON BEACH, FL 33425
CITY CLERK'S OFFICE
CITY OF PORT ST. LUCIE
121 SW PORT ST. LUCIE BLVD.
PORT ST. LUCIE, FL 34984
RE:
CONTRACT #20070060/RENEW AL # 1
EMERGENCY DEBRIS COLLECTION & REMOVAL SERVICES
PLEASE FIND ENCLOSED:
-L FULL Y EXECUTED ORIGINAL CONTRACT FOR YOUR FILE.
FULL Y EXECUTED COPY OF THE CONTRACT FOR YOUR FILE.
OTHER:
SINCERELY, ~
AP~CTIJS
CITY CLERK'S OFFICE
I '/J {,
f-X'ft lIS / r /1 '(
121 SW. Port St. Lucie Blvd. . Port St. Lucie. FL 34984-5099 .772/871-5157. Fax 772/344-4094. TOO # 772/873-6340
Attachment
June 18, 2009
Mr. William Hodges
Arbor Tree & Land DIBI A A TL Disaster Recovery
P.O. Box 1387
Boynton Beach, Fl. 33425
Subject: Contract #20070060 - Emergency Debris Collection & Removal Services
Dear Mr. Mr. Hodges:
Enclosed please find the renewal documents for the above Contract. All unit prices remain unchanged
for the renewal period. Enclosed are two (2) original Renewal forms. Both originals must be signed and
returned as soon as possible. All signatures must be notarized in the space provided.
Please send the Certificate(s) ofInsurance as required by the contract via Fax. to (517) 647-7900, or
E-Mail to certsonly(djpericul UlTI. com, or US Postal Service to:
Certificate Holder: City of Port S1. Lucie clo
Periculum Services Group
PO Box 257, Ref. # 90-202987-20070060-0-0
Portland, MI 48875-0257
Payment and Performance Bonds should be sent by August 15, 2009 in the amount of $1 ,000,000.00 to
include the appropriate dates identified in the Contract for the renewal. Please note that no work can
commence until the required Insurance and Bonds are received.
The Contracts will be executed by the City Manager, at which time one original will be returned for your
files.
We look forward to working with your firm. Please do not hesitate to contact this office for any
additional assistance you may require.
Sincerely,
l~)-J " L
--:tI' \'i I/y'h /. '9J~(4 .<. ,-
\ .../ ,'1. \./
Robyn Rolder, CPPB
Office of Management & Budget
Return Documents to:
rvfs. Robyn Holder, Contract Specialist
City of Port St. Lucie, Office of Management & Budget
121 SW Port St. Lucie Blvd.
Port St. Lucie, Fl. 34984
enclosures: 2 original change orders
121 SW Port St. Lucie Blvd. * Port St. Lucie, Florida 34984-5099
Phone (772) 871-5223 * Fax (772) 871-7337
:
CONTRACT RENEWAL FORM
Date:
June 18, 2009
Contract #
20070060
Contract Title: Emergency Debris Collection & Removal Services
Contractor's Name: Arbor Tree & Land,ln~~QLb!~ A TL Disaster Recovery
Current Expiration: 08/31/2009
Revised Expiration: 08/31/2011
The above contract is hereby extended pursuant to Section XX until the date indicated above. All other tenus
and conditions of the original contract and/or Addenda are unchanged. This Contract Extension is contingent
upon an annual appropriation by the City Council. The Contractor agrees that, in the event such appropriation is
not forthcoming, the City may terminate this Contract Extension and that no charges, penalties or other costs
shall be assessed.
As a result of the Contractor's acceptance to provide the "Renewal Option" as specified in the original contract,
the following modifications to the original contract will become effective September 1,2009.
1. The contract is extended to include the period September 1, 2009 through August 31,2011.
2. Prices applicable to the above period remain unchanged.
3. The Contractor shall furnish an acceptable Payment & Perfonnance Bond complying with statutory
requirements set forth in Section 255.05, Florida Statutes, in the amount of $1,000,000.00. The
Payment & Performance Bond shall remain in effect for the full term of the Contract.
4. All other terms and conditions of the original contract and/or Addenda apply
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Contract #20070060
Renewal # 1
Page 1 0[2
IN WlTNESS WHEREOF, the parties have executed this contract at Port St. Lucie Florida, the day and year
first above written.
CITY OF PORT ST. LUCIE FLORIDA
By ibdL g~
City Manager, DONAL B. COOPER
By:
A TrEST: _n A. ~ -'
By ~ci !~
City Cl ,KAREN A. ILLI PS
,. ""'i'oT':K'rtmr Tree & Land, Inc. d/b/a ATL Disaster Recovery
State of: rW(LI \)A
County of: PA~ 0Ct\Ct{
Before me personally appeared: vJ I LWAW\. tto\X(eS
(please print)
Please check one:
Personally known X
Produced Identification:
(type of identification)
Identification No.
known to me to be the person described in and who executed the foregoing instrument, and acknowledged to
! and before me that t{E: executed said instrument for the purposes therein expressed.
(he/she)
Ie al seal, this ~ day of
8J<<
, 2009.
Notary Public-State of fi..otGi ~- at Large
~
(My Commission Expires -02 '5241-0l..
Contract #20070060
Renewal #]
Page20f2
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LETTER OF TR.A.NSMITT AL
C' r: s 1 B REC'O.
...-.
DATE:
SEPTEMBER 13,2007
TO:
ARBOR TREE & LAND. INC.
P.O. BOX 1387
BOYNTON BEACH, FL 33425
FROM:
CITY CLERK'S OFFICE
CITY OF PORT ST. LUCIE
121 SW PORT ST. LUCIE BLVD.
PORT 51. LUCIE. FL 34984
RE:
CONTR.A.CT #20070060
EMERGENCY DEBRIS COLLECTIO-:\ & REMOVAL SERVICES
PLEASE FIND ENCLOSED:
-1L FULLY EXECUTED ORIGINAL CONTRACT FOR YOUR FiLE.
FULL Y EXECUTED COPY OF THE CO~'TRACT FOR YOUR FILE.
OTI IER:
SINCEREL~. ~~
AP~US
CITY CLERK'S OffICE
CITY OF PORT SAINT LUCIE
CONTRACT FOR-VI
This CONTRACT, executed this )4f:J> day of J&~he.A ,).007, by and between the
CITY OF PORT ST. LUCIE, FLORIDA, a municipal corporation, duly organized under the laws of the State of
Florida, hereinafter called "City" party of the first part, and ARBOR TREE & LA.."ND, INe. DIB/ A A TL
DISASTER RECOVERY - The Primary Contractor, PO Box 1387, Boynton Beach, Florida 33425 / 5796
Western Way, Lake Worth, F]orida 33463. Telephone No. (56]),965-2198 Fax ~o. (561) 561-965-9777,
hereinafter called "Contractor", party of the second part.
RECIT ALS
In consideration of the below agreements and covenants set forth herein, the parties agree as follows:
CONTRACT SUPERVISOR
As used herein the Contract supervisor shall mean Larry :-ladeau, Public Works Department, at (772)
871-5104, or his designee.
SECTION I
DESCRIPTION OF SERVICES TO BE PROVIDED
The specific work that the Contractor has agreed to perform pursuant to the Bid Specifications
#20070060 Emergency Debris Collection & Removal Seryices~ are hereby incorporated by this reference.
SECTION II
TIME OF PERFORMANCE
Contract period shall commence on September 1, 2007 and terminate twenty-four (24) months thereafter
on August 31, 2009. In the event all work required in the bid specifications has not been completed by the
specified date, the Contractor agrees to provide work as authorized by the Contract Supervisor until all work
specified in the bid specifications has been rendered,
SECTION III
COMPENSATION
The total amount to be paid by the City to the Contractor is on a unit price basis in accordance with
"Schedule A" Fee Schedule, which is attached hereto and incorporated by reference as part of this Contract.
Payments will be made within thirty (30) days of receipt of Contractor's invoice provided the Contract
Supervisor approves invoice as provided in Section Xl.
A 5% Retainage will be held on each pay application until the end of the project. The 5% Retainage will
be released by the City to the Contractor within 30 days after the City's final acceptance ofthe project,
including ticket reconciliation.
The Contractor shall not be paid additional compensation for any loss, or damage, arising out of the
nature of the work, from the action ofthe elements, or from any delay or unforeseen obstruction or difficulties
encountered in the performance of the work or for any expenses incurred by or in consequence of the
suspension or discontinuance of the work.
Page 1 of 13
Contract #20070060
Invoices for services shall be submitted once a month, by the] Oth of the month, and payments shall bc
made within thirty (30) days unless contractor has chosen to take advantage oftbe Purchasing Card Program,
which guarantees payment within several days. Payments shall be made provided the submitted invoi ce is
accompanied by adequate supporting documentation and approved by Contract Supervisor as provided in
Section XI.
No payment for projects involving improvements to real property shall be due until Contractor delivers
to the City a complete release of all claims arising out of the contract or receipts in full in licu thereof, an
affidavit on his personal knowledge that the releases and receipts include labor and materials for which a lien
could be filed and complete releases of liens from all sub-contractors used.
All invoices and correspondence relative to this contract must contain the Purchase Order number and
contract number.
SECTION IV
CONFORMANCE WITH BID
It is understood that the materials and/or work required herein are in accordance with the bid made by the
Contractor pursuant to the Invitation to Bid and the Specifications on file in the Office of Management and
Budget of the City. All documents submitted by the Contractor in relation to said proposal, and all documents
promulgated by the City for inviting proposals are, by reference, made a part hereof as if set forth herein in full.
SECTIO:K V
INDEMNIFICATION/INSURANCE
The Contractor shall indemnify and hold harmless the City, and its Officers and their employees, from
liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct ofthe design professional/Contractor
and all persons employed or utilized by the Contractor in the performance of the Contract. As consideration for
this indenmity provision the Contractor shall be paid the sum ofS 1 0.00 (ten dollars), which will be added to the
Contract price and paid prior to commencement of work.
The Contractor shall, on a primary basis and at its sole expense, agree to maintain in full force and effect
at all times during the life of this Contract, insurance coverage. limits, including endorsements, as described
herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by
Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Contractor under the Contract.
The Contractor shall agree to maintain Workers' Compensation Insurance & Employers' Liability in
accordance with Chapter 440, Florida Statutes.
Contractor shall agrec to maintain Business Automobile Liability at a limit of liability not less than
$500,000 each occurrence for any auto, owned, non-owned and hired automobiles. In the event the Contractor
does not own any automobiles the Business Auto Liability requirement shall be amended allowing Contractor to
agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way
of endorsement to the Commercial General Liability, or separate Business Auto Coverage form.
Commercial General Liability for public liability during the lifetime of this Contract shall have minimum
limits of $1 ,000,000 per claim, $2,000,000 per occurrence for Personal Injury, Bodily Injury, and Property
Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products
and/or Complete Operations, Contractual Liability and Broad Form Property Damage Endorsements. Coverage
Page 2 of 13 Contract #20070060
shall not c.:ontain an exclusion or limitation endorsement for Contractual Liability or Cross Liability. Coverage
for the hazards of explosion, collapse and underground property damage (XeU) must also be included when
applicable to the work to be performed. All insurance policies shall be issued from a company or companies
uuly licensed by the State of Florida. All policies shall be on an occurrence-made basis; the City shall not
(il:cept c1auns-made policies. Specific endorsements will be requested depending upon the type and scope of
work to be performed.
Except as to Workers' Compensation and Employers' Liability, said Certificatc(s) and policies shall
clearly state that coverage required by the Contract has been endorsed to include the City of Port 8t. Lucie, a
political subdivision of the State of Florida, its officers, agents and employees as Additional Insured with a CG
2026-Designated Person or Organization endorsement. or similar endorsement, to its Commercial General
Liability. The name for the Additional Insured endorsement issued by the insurer shall read "City of Port 8t.
Lucie, political subdivision of the State of Florida, its officers, employees and agents, and Contract #20070060.
The Certificate ofInsurance and policy shall unequivocally provide thirty- (30) days writtcn notice to the City
prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. Said liability insurance must
be acceptable by and approved by the City as to form and types of coverage. In the event that the statutory
liability of the City is amended during the term of this Contract to exceed the above limits, the Contractor shall
be required, upon thirty - (30) days written notice by the City, to provide coverage at least equal to the amended
statutory limit ofliability of the City.
Contractor shall agree by entering into this Contract to a Waiver of Subrogation for each required policy.
When required hy the insurer, or should a policy condition not permit an Insured to enter into a pre-loss
Contract to waive subrogation without an endorsement then Contractor shall agree to notify the insurer and
request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the
policy specifically prohibits such an endorsement, or voids coverage should Contractor enter into such an
Contract on a pre-loss basis.
It shall be the responsibility of the Contractor to ensure that all subcontractors comply with the same
insurance requirements referenced above.
ivl deductible amounts shall be paid for and be the responsibility of the Contractor for any and all claims
under this Contract.
Contractor may satisfy the minimum limits required above for either Commercial General Liability,
Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella
or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either
Commercial General Liability, Business Auto Liability, or Employer's Liability. "When required by the insurer,
or when Umbrella or Excess Liability is written on 'Non-Fonow Form," the City shall be endorsed as an
"Additional Insured. II
The City, by and through its Risk Management Department, reserves the right, but not the obligation, to
review and reject any insurer providing coverage.
Performance and Payment Bonds
The Contractor shall furnish an acceptable Performance and Payment Bond complying witi1 the statutory
requirements set forth in Chapter 255.05, Law of Florida, in the amount of $1 ,000,000.00. The City will execute
the Contract, it is agreed and understood that the City will not be bound by tile Contract unless lli"1d until it has
been duly authorized by the City Council and has been executed by the City Manager. A fully authorized
Page 3 of 13
Contract #20070060
Surety, licensed by the State of Florida shall execute the Performance and Payment Bond. The Performance
and Payment Bond shall remain in effect for the full term of the Contract including all renewal options.
The failure on the part of the Contractor to execute the Contract andior punctually deliver the required
Insurance Certificates anp other documentation will be cause for the annulment of the award.
SECTION VI
PROHIBITIO~ AGAINST FILING OR MATh"TAINING LIENS AND SUITS
Subject to the laws of the State of Florida and of the United States, neither Contractor nor any
Subcontractor, supplier of materials, laborer or other person shall file or maintain any lien for labor or materials
delivered in the performance of this Contract against the City. The. right to maintain such lien for any or all of
the above parties is hereby expressly waived.
SECTION VII
WORK CHANGES
The City reserves the right to order work changes in the nature of additions, deletions or modifications
without invalidating the Contract, and agrees to make corresponding adjustments in the Contract price and time
for completion. Any and all changes must be authorized by a written change order signed by the Director of
OMB or his designee as representing the City. Work shall be changed and the Contract price and completion
time shall be modified only as set out in the written change order. Any adjustment in the Contract price
resulting in a credit or a charge to the City shall be determined by mutual agreement ofthe parties.
SECTION VIII
COMPLL~CE \VITH LA'VS
The Contractor shall give all notices required by and shall otherwise comply with all applicable laws,
ordinances and codes and shall, at his o.vn expense, secure and pay the fees and charges for all permits required
for the performance ofthe Contract. All materials furnished and work done are to comply with all local, state
and federal laws and regulations.
SECTION IX
CLE.~ING UP
Contractor shall, during the performance ofthi5 Contract. remove and properly dispose of resulting dirt
and debris, and keep the work area reasonably clear. On completion of the work, Contractor shall remove all
Contractors' equipment and all excess materials, and put the work area i.n a neat, clean and sanitary condition.
SECTION X
NOTICE OF PERFORMANCE
When required materials have been delivered and required work performed Contractor shall submit a
request for inspection in writing to the Contract Supervisor.
SECTION XI
INSPECTION AND CORRECTION OF DEFECTS
In order to determine whether the required material has been delivered or the required work perfonned in
accordance with the terms and conditions of the Contract documents, the Contract Supervisor shall make
Page 4 of 13 Contract #20070060
inspection as soon as practicable after receipt from thc Contractor ofa Notice of Performance or delivery ticket.
If such inspection shows that the reqllired material has been delivered and required work performed in
accordance with terms and conditions of the Contract documents and that the material and work is entirely
satisfactory, the Contract Supervisor shall approve the invoice when it is received. Thereafter the Contractor
shall be entitled to payment, as described in Section III. If, on such inspection the Contract Supervisor is not
satisfied, he shall as promptly as practicable inform the parties hereto of the specific respects in which his
findings are not favorable. Contractor shall then be afforded an opportunity if desired by him, to correct the
deficiencies so pointed out at no additional charge to the City, and othe!\Nise on teTlTlS and conditions specified
by the Contract Supervisor. Such examination, inspection, or tests made hy the Contract Supervisor, shall not
relieve Contractor of its responsibility to remedy any deviation, deficiency, or defect.
SECTION XII
ADDITIONAL REQUIREMENTS
In the event of any conflict between the terms and conditions, appearing on any purchase order issued
relative to this Contract, and those contained in this Contract and the Specifications herein referenced, the terms
of this Contract and Specifications herein referenced shall rule. If there is a conflict between the Contract and
specifications, the Contract will rule.
SECTION XIII
LICENSING
Contractor warrants that he possesses all licenses and certificates necessary to perform required work and
is not in violation of any laws. Contractor warrants that his license and certificates are current and will be
maintained throughout the duration of the Contract.
SECTION XIV
SAFETY PRECAUTIONS
Precaution shall be exercised at all times for the protection of persons, including employees, and
property. The safety provisions of all applicable laws and building and construction codes shall be observed.
SECTION XV
ASSIGNMENT
Contractor shall not delegate, assign or subcontract any part of the work under this Contract or assign
any monies due him hereunder without first obtaining the written consent of the City.
SECTION ~"'l
TERMINATION, DELAYS AND LIQUIDATED DAMAGES
A. Termination of Contract. If the Contractor refuses or fails to deliver matelial as required andlor
prosecute the work with such diligence as will insure its completion within the time specified in this Contract,
or as modified as provided in this Contract or as extended pursuant to section XX of this Contract, the City by
written notice to the Contractor, may terminate Contractor's rights to proceed. Upon such termination, the City
may take over the work and prosecute the same to completion, by Contract or otherwise, and the Contractor and
his sureties shall be liable to the City for any additional cost incurred by it in its completion afthe work. The
City may also in event of termination obtain undelivered materials, by Contract or otherwise, and the Contractor
and his sureties shall be liable to the City for any additional cost incurred for such material. Contractor and his
sureties shall also be liable to the City for liquidated damages for any delay in the completion of the work as
provided below. If the Contractor's right to proceed is so tenninated, the City may take possession of and
Page 5 of 13 Contract #20070060
utilize in completing the work such materials, tools, equipment and facilities as may be on the site of the work
and necessary therefore.
B. Liquidated Damages for Delays. If material is not provided or work is not completed within the time
stipulated in this Contract, including any extensions of time for excusable delays as herein provided, (it being
impossible to determine the actual damages occasioned by the delay) the Contractor shall provide to the City
one thousand dollars ($1,000.00) as fixed, agreed and liquidated damages for each calendar day of delay until
the work is completed. The Contractor and his sureties shall be jointly and severally liable to the City for the
amount thereof.
C. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the
Contractor be charged with liquidated damages for any delays in thc completion of the work or delivery of
materials due to: (1) any acts of the Federal Government, including controls or restrictions or requisitioning of
materials, equipment, tools or labor by reason of war, national defense or any other national emergency, (2) any
adverse acts of the City, (3) causes not reasonably foreseeable by the parties at the time of the execution of the
Contract that are beyond the control and without the fault or negligence of the Contractor, including but not
restricted to, acts of God, acts of the public enemy, acts of another Contractor in the performance of some other
Contract with the City, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes and weather
of unusual severity such as hurricanes, toniadoes, eyclones and other extreme weather conditions, and (4) any
delay of any Subcontractor occasioned by any of the above mentioned causes. However, the Contractor must
promptly notify the City in writing within two (2) days of the cause of delay. If, on the basis of the facts and the
tenns of this Contract, the delay is properly excusable the City shall extend the time for completing the work for
a period of time commensurate with the period of excusable delay.
D. The City may terminate this Contract with or without (;ause by giving the vendor/Contractor thirty (30)
days notice in writing. Upon delivery of said notice and upon expiration of the thirty (30) day period, the
vendor/Contractor shall discontinue all services in connection with the performance of this Contract and . shall
proceed to cancel promptly all related existing third party Contracts. Termination of the Contract by the City
pursuant to this paragraph shall terminate all of the City's obligations hereunder and no charges, penalties or
other costs shall be due Contractor except for work timely completed.
SECTION )""VII
LAW i\.ND VENUE
This Contract is to be construed as though made in and to be performed in the State of Florida and is to
be governed by the laws of Florida in all respects without reference to the laws of any other state or nation. The
venue of any action taken to enforce this Contract shall be in S1. Lucie County, Florida.
SECTION X"VIII
REIMBURSEMENT FOR INSPECTION
The Contractor agrees to reimburse the City for any expenditures incurred by the City in the process of
testing materials supplied by the Contractor against the specifications under which said materials were
procured, if said materials prove to be defective, improperly applied, and/or in other manners not in compliance
with specifications. Expenditures as dcfined herein shall include, but not be limited to, the replacement value of
materials destroyed in testing, the cost paid by thc City to testing laboratories and other entities utilized to
provide tests, and the value of labor and materials expended by the City in the process of conducting the testing.
Reimbursement of charges as specified herein shall not relieve the Contractor from other remedies provided in
the Contract.
Page 6 of 1 3
Contract #20070060
SECTION XIX
APPROPRM..TIO~ APPROVAL
The Contractor acknowledges that the City of Port Saint Lucie's performance and obligation to pay
under this Contract is contingent upon an annual appropriation by the City Council. The Contractor agrees that,
in the event such appropriation is not forthcoming, the City may terminate this Contract and that no charges,
penalties or other costs shall be assessed.
SECTION XX
RENEWAL OPTION
In the event Contractor offers in writing, prior to the termination of this Contract, to provide the
identical services required in this Contract for the identical period of time in the subsequent calendar period for
a total charge that is acceptable, and the City agrees that said services arc required, then the City, without
additional bidding or negotiation, may, with the mutual agreement ofthe Contractor, extend this Contract for
two (2) additional twenty-four (24) month periods.
NOTE: Contractor mal' exercise the option to renew bv submittine a written submission three (3) months
prior to the termination of the Contract period.
SECTION XXI
ENTIRE CONTRACT
The \vrittcn terms and provisions of this Contract shall supersede all prior verbal statements of any
official or other representative of the City. Such statements shall not be effective or be construed as entering
into, or fonning a part of, or altering in any manner whatsoever, this Contract or Contract documents.
BALANCE OF P AGE INTENTIONALLY LEFT BLANK
Page 7 of 13
Contract #20070060
IN WITNESS \\THEREOF, the parties have exel;uted this Contract at Port 81. Lucie, Florida, the day and
year first above written.
CITY OF BORT ST. LUCIE FLORIDA
By: / / i ;', (/ .'~ '~/. <-
,~. -
DONALD B. COOPER, City Manager
ATTEST:
By:
,..' ..- L/'.
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-:: ';('/~"'" / '/~/'
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A. PHILLIPs',City CJ~ -.
KAREN
By: ~.~~
Authorized Representative of Arbor Tree & Land, Inc. D/B/ A A TL Disaster Recovery
State of:
-' ".... .
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County of:
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Before me personally appeared:
!\ :-".
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(please p1'int)
Please check one:
Personally known
Produced Identification:
(type of identification)
Identification No.
and known to me to be the person described in and who executed the foregoing instrument, and acknowledged
to and before me that v'" .[ executed said instrument for the purposes therein expressed.
(he/she)
_.... ,.i
day of
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,2007.
WITNESS my hand and Pfiicial seal, this
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Page 8 of 13
Contract #20070060
Item
No
"..i.q
"SCHEDULE A"
Description
fJi
DEBRIS REMOVAL (LOAD & HAUL)
Removal of Vegetative Debris from assigned load site to
6.1 TDSR including sorting, hauling, etc. Debris includes tree,
limb and stump removal & disposal.
a. Mileage Radius: 0 - 15 miles
b. Mileage Radius: 16 - 30 miles
c. Mileage Radius 31 - 60 miles
Removal of All Qualified Debris from assigned load
site to the final disposal site. The removal shall
include handling, loading and hauling excluding
tipping fees.
d. Mileage Radius: 0 - 15 miles
e. Mileage Radius: 16 - 30 miles
f. Mileage Radius: 31 - 60 miles
Removal of Construction & Demolition Debris and White
Metal Debris from assigned load site to TDSR or other
6.2 approved disposal site including sorting, loading, hauling,
etc.
a. Mileage Radius: 0 - 15 miles
b. Mileage Radius: 16 - 30 miles
c. Mileage Radius: 31 - 60 miles
Removal of Hazardous Waste Debris from Curbside at
6.3 assigned load site to TDSR including, sorting, hauling
etc.
a. Mileage Radius:
b. Mileage Radius:
c. Mileage Radius:
o - 15m iles
16 - 30 miles
31 - 60 miles
Removal of Silt & Sand Deposits from assigned load site
to TDSR including sorting, loading, hauling, etc.
a. Mileage Radius: 0 - 15 miles
b. Mileage Radius: 16 - 30 miles
c. Mileage Radius: 31 - 60 miles
Spoiled Food & Non-Hazardous Waste Removal and
Disposal - The removal shall include sorting, hauling,
loading, handling, staging and hauling to the final disposal
site.
Hazardous Waste Debris Removal From Structures -
Search safely accessible residential structures, including
garages and detached outbuildings for hazardous waste
debris Tor removal. At a minimum the removal shall
include, sorting, handling, loading, staging and placing the
debris on public ROW for removal and disposal by other
pay Items in the proposal.
6.4
6.5
6.6
Page 9 of 13
Cu. Yd.
Cu. Yd
Cu. Yd.
$10.65
$12.65
$14.65
Per Ton
Per Ton
Per Ton
$42.60
$50.60
$58.60
Cu Yd
Cu. Yd.
Cu. Yd.
$11.00
$13.00
$1 5.00
Cu. Yd.
Cu. Yd.
Cu. Yd
$20.00
$22.00
$24.00
Cu. Yd.
Cu. Yd.
Cu. Yd
Ton
Sq. Ft. of Floor
Space
$20.00
$22.00
$24.00
$160.00
$1.00
Contract #20070060
6.7
Private and Public Property Demolition and Debris
Removal - The Contractor shall operate beyond the
Public Right of Way (ROW) only as identified and directed
by the City. Operations beyond the ROW on private
property shall be only as necessary to abate imminent
and significant threats to pUblic health and safety of the
community and shall include. but is not limited to, the
demolition of structures and the sorting, loading, and
hauling of the debris to an approved TDSR site.
Removal of Unsafe Debris from Within Private or Public
Structures - The Contractor shall operate within public or
private structures only as identified and directed b~1 the
City. Operations beyond the ROW on private property
shall be only as necessary to abate imminent and
significant threats to public health and safety of the
community and shall include, but is not limited to,
removing, sorting, loading, and placing the,debris on
public ROW for removal and disposal by other pay items
in the proposal.
Site Development Proposal - Prepare a detailed proposal
for the Site Development based on Contract unit prices at
the time of disaster for selected site(s).
Optional Proposals:
6.8
6.8a
6.9
6.10
6.11
River and Canal Shore Line Restoration
River and Canal Debris Removal
Sunken Vessel Removal
Storm Drain Vacuum Services - Manholes / Vaults /
Structures
Storm Drain Vacuum Services - Grate cleaning manually
(by hand)
Storm Drain Inspection Services - Manholes or Grates
pulled but not cleaned
Storm drain vacuum services - Grate cleaning
mechanically
6.12
6.13
6.14
6.15
TDSR SITE MANAGEMENT
Management, Processing, Reducing and Loading of all
debris and/or residue at the TDSR sites: including;
management, maintenance and operation of the TDSR
sites; the receiving, sorting, segregation, processing and
reduction debris, loading (as described in other sections
of this contract and directed by the City)
Final haul out of processed and/or reduced debris from
the TDSR site to an approved disposal site inclusive of all
tipping fees.
a. Mileage Radius: 0 - 15 miles
b. Mileage Radius: 16 - 30 miles
c. Mileage Radius: 31 - 60 miles
d. Mileage Radius: 61 - 90 miles
Final haul out of processed and/or reduced debris from
the TDSR site to an approved disposal site inclusive of all
tipping fees.
a. Mileage Radius:
b. Mileage Radius:
c. Mileage Radius:
d. Mileage Radius:
7.1
7.2
7.3
0-15 miles
16 - 30 miles
31 - 60 miles
61 - 90 miles
Page10of13
Cu. Yd.
$12.00
Sq. Ft. of Floor
Space .$1.00
A separate Notice to Proceed
will be issued for the Site
Develo ment
Provide Detailed Proposal
Provide Detailed Proposal
Provide Detailed Proposal
Each $175.00
Each $100.00
Each $75.00
Cu. Yd,
$4.50
Cu. Yd.
Cu, Yd.
Cu. Yd.
Cu. Yd,
$5.00
$6.50
$7.50
$8.00
"~""1-:~:ir.r.-::::'J;;
Per Ton
Per Ton
Per Ton
Per Ton
$15.50
$19.50
$22.50
$24.00
Contract #20070060
Freon Recovery - The Contracto~ shall remove, recover
cmd properly dispose of Freon from any White Metal
Debris, such as refrigerators, freezers or air conditioners I
at curbside or a TDSR site or final disposal site in
7.4 accordance with all federal, state and local rules,
regulations and laws, The Contractor shall load and haul
all White Metal Debris to a TDSR site or final disposal
site, The Contractor must have all required license and
certifications to perform work,
Unit
$60.00
8.0 Heavy Equipment with Size or Type
Skid Steer Loader I Bobcat or Equal Hour $75.00
Backhoe I Cat 4'16 or Equal Hour $100.00
Wheel Loaders I Cat 950 or Equal Hour $130.00
Wheel Loaders I Cat 966 or Equal Hour $140.00
Wheel Loaders I Cat 980 or Equal Hour $160.00
Tracked Loader I Cat 955 or Equal Hour $160,00
Towed Loader wlTractor I Prentice 210 or Equal Hour $150,00
Self Loading Knuckle boom Truck 125-35 CY Body or Hour
Equal $140.00
Self Loading Knuckle boom Truck / 35-45 Cy or ::qual Hour $160,00
Dozer I Cat D4 or Equal Hour $80,00
Dozer / Cat D5 or Equal Hour $120.00
Dozer I Cat D6 or Equal Hour $i 50,00
Dozer I Cat D7 or Equal Hour $160.00
Dozer I Cat D8 or Equal Hour $170,00
Excavators I Cat 320 or Equal Hour $1 30,00
Excavators / Cat 325 or Equal Hour $140,00
Excavators I Cat 330 or Equal Hour $160,00
Tractor wi Box Blade; 80 Hp or Equal Hour $70,00
Motor Grader! Cat 120G or Equal Hour $100,00
Crane I 30 Ton or Equal Hour $130,00
Bucket Truck I Up to 50ft. Reach or Equal Hour $95.00
Bucket Truck 150ft. To 75ft. or Equal Hour $125,00
Trash Transfer Trailer wI Tractor 1110 Yd. or Equal Hour $125.00
Mechanized Broom I Street Sweeper Hour $55,00
Water Truck I 2000 gal, or Equal Hour $60,00
Stump Grinder! Vermeer 252 or Equal Hour $200,00
Chipper w/2 man crew! Morbark Storm or Equal Hour $200.00
12 foot Tub Grinder i Morbark 1200 or equal Hour $375,00
13 foot Tub Grinder I Morbark 1300 or Equal Hour $425,00
14 foot Tub Grinder! Diamond Z 1463 or Equal Hour $525,00
Equipment Transport / 50-ton Capacity or Equal Hour $150,00
Truck Mounted Winch I Tow Truck or Equal Hour $50,00
Haul Vehicles (operators included)
Dump Truck 110 to 15 CY Hour $45.00
Dump Truck / 16 to 20 CY Hour $63,00
Trailer Dump wI Tractor J 30 to 40 CY Hour $72.00
Trailer Dump wi Tractor; 41 to 50 CY Hour $90,00
Trailer Dump wi Tractor i 51 to 60 CY Hour $92.00
Trailer Dump wi Tractor /61 to 70 CY Hour $110,00
Walking Floor Trailer WI Tractor! 100 CY Hour $130.00
Transportation Vehicles
Pickup Truck! 1/2-ton Day S200.00
Page 11 of 13 Contract #20070060
Pickup Truck I 3/4-ton
Pickup Truck I 1-ton
Box Truck I 3/4-ton
Utility Van I 3/4-ton
Passenger Van I 9 Passenger
Passenger Car I Full Size
i~ Personnel
Superintendent wi Pickup Truck
Supervisor wi Pickup Truck
Safety or QC Manager wi Pickup Truck
Mechanic wi Truck and Tools
Climber wi Gear
Operator wI Chain saw
Laborer wi Tools
Traffic Control Personnel
Ticket Writers
Clerical
Administrative Assistant
~ Generators
25 kW or equal
56 kW or equal
1 00 kW or equal
1 75 kW or equal
320 kW or equal
500 kW or equal
800 kW or equal
ii~'. Marine Resources
56' Shallow Draft Landing Craft wf Crane or equal I
Crew of 2
33' Fast Barge wf Winch or equal I Crew of 2
14' Utility Boat wi Motor or equal I Crew of 1
Tank Diver wi Gear f Individual
Hardhat Diver wi Gear I Individual
Scuba Bottle Refill (air) 180
Air Pump wI Multi Breathing Lines I Brownie Lung or
Equal
Misc. Equipment & Services
Bagged Ice I 50
Bagged Ice I 1 00
Bottled Water I Palletized Truck Load
Bulk Water; Tanker
Water Tanker for Bulk Water I Tanker
Temporary Satellite Communications / Portable
Telephones
Portable Toilets / Single
Mobile Kitchen & Shower Unit I Single
Beach Restoration
Temporary Housing
Light T ower wi Generator
Office Trailer I 40 ft.
Storage Container /40 ft.
First Aid Station I OSHA Spec.
Observation Tower / USACE Spec.
Vacuum Truck
Page 12 of 13
Day $225.00
Day $235.00
Day 5235.00
Day $230.00
Day $230.00
Day $250.00
Hour $55.00
Hour $60.00
Hour $60.00
Hour $150.00
Hour $100.00
Hour $50.00
Hour $40.00
Hour $40.00
Hour $45.00
Hour $35.00
Hour $45.00
, ,
Hour/Day
Hour/Day
Hour/Day
Hour/Day
Hour/Day
Hour/Day
Hour/Day
~:', X.;
L""
$270.00
$398.00
$500.00
$773.00
$1,100.00
$1,486.00
$2,578.00
:;:,_:~:f:~:':.:i~t!d~!.~~I~~~.X!;
Day
Day
Day
Hour
Hour
Each
Day
$5,000.00
$4,000.00
$400.00
$125.00
$225.00
$15.00
Lbs
Lbs
Gal
Gal
Day
Unit
$0.25
$0.20
$3.00
$1.00
$600.00
Cost + 20%
Week Cost + 20%
Each Cost + 20%
Cu Yd $30.00
Each Cost + 20%
Day Cost + 20%
Day Cost + 20%
Day Cost + 20%
Day Cost + 20%
Each $1,000.00
Hour $250.00
Contract #20070060
~t~l'l
Pump 6"
6" Discharge line
Pump 12"
12" Discharge line
Backfill Material
Other Collections
White Goods Collection & Stockpile
Furniture, Mattresses etc, collection, storage disposal
Hazardous Waste, collection, storage, disposal
Removal of debris from Sand on Beaches
Page 13 of 13
Day $400.00
Foot/Day $10.00
Day $2,000,00
Foot/Day $25,00
Cu Yd $15.00
".-"." ~"'"""''''''''i~;~''''''!!i\!.'~.fii''''''\~\''\1!1irr-1'f
i~J~~l!i~~t~}~~~~~m~;;t~~~~~;]~;
Cu Yd $18.00
Cu Yo $18.00
Cu Yo $22.00
CuYd $11.00
Contract #20070060
H~
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\ (I ,~
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"y
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
VI.-CONSENT AGENDA
ITEM B.l.
>-~:~ .:::
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21,2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
[8J September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (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: A motion to approve a contract by Resolution with Arbor Tree & Land, Inc. D/B/A ATL
Disaster Recovery. The City Of Boynton Beach will "piggy-back" on their contract with the City of Port St. Lucie for
various services that may be needed for disaster recovery. The Contract is to be utilized on an "AS NEEDED
BASIS". All expenses will be reimbursed through FEMA, therefore there is no expenditure. The Contract period is
from September 1St, 2007 through August 31st, 2009.
EXPLANATION: On August 7th, 2007 the City Commission approved a Piggy-Back Bid with Phillips and Jordan,
Inc. for Hurricane/Disaster Debris Removal, Reduction and Disposal. While Phillips and Jordan will provide services
for debris removal from City right-of-ways, the Public Works Department also may need additional disaster recovery
services. The Public Works Department is requesting to "piggy-back" on the contract of the City of Port Saint Lucie
to Arbor Tree & Land, Inc. D/B/A ATL Disaster Recovery which is a locally owned and operated company from
Boynton Beach specializing in debris management and recovery services. Services that will be used, but not limited to
include: Emergency PushIRoad Clearance, Stump Removal, Hanging Tree Limb Removal, Tree Removal from Parks
and Canal Clearing. Expenses incurred for these services will be reimbursed through FEMA.
Procurement Services has reviewed the request from Public Works to utilize Arbor Tree & Land, Inc. D/B/A ATL
Disaster Recovery of Boynton Beach, Florida, for disaster recovery services for the hurricane seasons 2007 through
2009, and requests the Commission's review, evaluation and approval of the Agreement between the City Of Boynton
Beach and Arbor Tree & Land, Inc., doing business as ATL Disaster Recovery.
PROGRAM IMP ACT: Due to the critical nature of this service it is imperative to have a contract in place in order to
avoid delays should there be a hurricane/disaster/emergency situation. Contract for disaster recovery services is
reimbursed through FEMA.
FISCAL IMP ACT: Contracts are reimbursed through FEMA.
ALTERNATIVES: Not to approve Contract.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
/;"
, ;
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City Manager's Signature
Department Name
Assistant to City Manager ~
~-
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. R-07 ,.. 1 b1
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE PIGGY-BACKING OF A CITY OF
PORT ST. LUCIE CONTRACT WITH ARBOR TREE &
LAND, INC., D/B/A ATL DISASTER RECOVERY FOR
A TWO (2) YEAR PERIOD FOR VARIOUS SERVICES
THAT MAY BE NEEDED FOR DISASTER
RECOVERY BEGINNING SEPTEMBER 1, 2007;
AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND ARBOR TREE & LAND, INC., D/B/A
ATL DISASTER RECOVERY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has the need to procure the services, on an
19
"as needed basis" of qualified contractors to provide emergency debris collection and
20
removal services in the event of a hurricane landfall, or other natural and/or manmade
21
disasters; and
22
WHEREAS, The City of Port St. Lucie, Florida competitively bid for these services
23
under Bid Specifications #20070060; and
24
WHEREAS, the City of Boynton Beach desires to retain the services of Contractor
25
based on the Port St. Lucie Contract; and
26
WHEREAS, the Contract for debris collection and disposal is reimbursable through
FEMA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
31 incorporated herein by this reference.
S:\CA\RESO\Agreements\Bid Awards\Piggy-backing Port St Lucie with Arbor Tree and Land.doc
Section 2.
The City Commission Of The City Of Boynton Beach, Florida,
2 Hereby Approves the piggy-backing of a City Of Port S1. Lucie Contract with Arbor Tree &
3 Land, Inc., D/B/A Atl Disaster Recovery for a two (2) year period for various services that
4 may be needed for disaster recovery beginning September 1, 2007;
5
Section 3.
The City Commission of the City of Boynton Beach hereby
6 authorizes the City Manager to execute a Contract between the City of Boynton Beach and
7 Arbor Tree & Land, Inc., D/B/A Atl Disaster Recovery, a copy of which is attached hereto
8 as Exhibit "A".
9
Section 4.
That this Resolution shall become effective immediately.
10 I PASSED AND ADOPTED this _ day of September, 2007.
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28 ATTEST:
29
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31 Janet M. Prainito, CMC
32 City Clerk
33
34
35 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Bid Awards\Piggy-backing Port St Lucie with Arbor Tree and Land.doc
AGREEMENT
THIS IS AN AGREEMENT, dated this _ day of
, 2007, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
referred to as "City",
and
ARBOR TREE & LAND, INC., doing business as
A TL Disaster Recovery, a Florida corporation
authorized to do business in the State of Florida,
with addresses of P.O. Box 1387, Boynton Beach,
Florida 33425 and 5796 Western Way, Lake Worth,
Florida 33463, hereinafter referred to as
"Contractor" .
WHEREAS, the City has the need to procure the services, on an "as needed basis" of
qualified contractors to provide emergency debris collection and removal services ("Services")
in the event of a hurricane landfall, or other natural and/or manmade disasters; and
WHEREAS, the City of Port S1. Lucie, Florida competitively bid for these Services
under Bid Specifications #20070060; and
WHEREAS, Contractor submitted a bid in response to the City of Port S1. Lucie Request
for Bids, and
WHEREAS, after receipt of said bid from Contractor, the City of Port S1. Lucie entered
into a twenty-four (24) month contract with Contractor to provide Emergency Debris Collection
and Removal Services, said Contract having an effective date of September 1, 2007 and a
termination date of August 31, 2009, and attached hereto and made part hereof as Exhibit "A"
("Port S1. Lucie Contract"); and
WHEREAS, the City has reviewed the scope of services of the competitively bid Port S1.
Lucie Contract, and has determined that it is an agreement that can be utilized by the City to
provide said Services to the City of Boynton Beach; and
WHEREAS, the City of Port S1. Lucie has provided a letter of approval granting the City
permission to "piggy-back" the Port S1. Lucie Contract, a copy of the approval letter is attached
hereto and made part hereof as Exhibit "B"; and
WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the
Port S1. Lucie Contract in performing said Services for the City; and
WHEREAS, City desires to retain the services of Contractor based on the Port S1. Lucie
Contract; and
WHEREAS, at its meeting of September 19, 2007, , the City Commission of the City of
Boynton Beach authorized the proper City officials to enter into an Agreement with Contractor
by piggybacking the Port St. Lucie Contract; and
NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. Attached hereto and made a part hereof by reference as Exhibit "A" is the
Port St. Lucie Contract referenced above. The prices, terms and conditions of this Port S1. Lucie
Contract shall govern the relationship between the City and Contractor, except as amended
below:
A. The Scope of Services for work to be performed under this Agreement shall be as
set forth in Exhibit "A", except said services shall be performed in and for the
City of Boynton Beach.
B. Contractor shall perform the services in and for the City of Boynton Beach as
detailed in the Port St. Lucie Contract utilizing the prices set forth in Exhibit "A".
C. The "CONTRACT SUPERVISOR" as used in the Port St. Lucie Contract shall
mean Jeffrey Livergood, Public Works Director, or his designee.
D. As provided in Section II, the Port St. Lucie Contract term period shall commence
on the date this Agreement is executed by the City and terminate on August 31,
2009.
E. As provided in Section XVII of the Port St. Lucie Contract, the venue of any
action taken to enforce this Agreement shall be in Palm Beach County, Florida.
F. Contractor shall provide City with proof of insurance as required by the Port St.
Lucie Contract naming the City of Boynton Beach as the "Additional Insured"
and providing the City with all the same endorsements provided to the City of
Port St. Lucie in the Port St. Lucie Contract.
G. All Notices to the City shall be sent to
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Section 3. In all other respects, the terms and conditions of the Port St. Lucie
Contract, are hereby ratified and shall remain in full force and effect under this "piggybacking"
arrangement, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals
on the dates written below.
CITY OF BOYNTON BEACH
BY:
KURT BRESSNER
CITY MANAGER
ATTEST:
BY:
City Clerk
Approved as to form:
BY:
Office of the City Attorney
WITNESSED BY:
ARBOR TREE LAND, INC. DIB/ A
ATL DISASTER RECOVERY
BY:
President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Agreement was acknowledged before me this _ day of ,
2007, by of ARBOR TREE LAND, INe. d/b/a ATL
DISASTER RECOVERY, who is personally known to me, and who has affirmed that he/she has
been duly authorized to execute the above document on behalf of the corporation.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
Name of Acknowledger, typed, printed, or Stamped
S:\CA\AGMTS\Disaster Debris Removal (ATL).doc
L A SUBSIOlA'Y OF A'W' TREE & lAND - 510'" 1978
DISASTER RESPONSE & RECOVERY I DEBRIS REMOVAL & MANAGEMENT I PROJECT MANAGEMENT I MARINE & CONTRACTING DIVISION
PREPOSITION PROPOSAL
PREPARED FOR:
THE CITY OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
PO BOX 1387 . BOYNTON BEACH, FL 33425 · 561.965.2198 · FAX 561.965.9777
WWW.ARBORTREELAND.COM
L . SUB.""'RY Of "'IlO< TREE & LAND - 5;_ 1978
DISASTER RESPONSE & RECOVERY I DEBRIS REMOVAL & MANAGEMENT I PROJECT MANAGEMENT I MARINE & CONTRACTING DIVISION
August 28, 2007
City of Boynton Beach
Ms. Christine Roberts
222 NE 9lh Avenue
Boynton Beach, FL 33425
RE: Preposition Piggy-Back Contract
Dear Christine,
Attached is a copy of the Port St. Lucie Disaster Recovery contract for your perusal. I am also
enclosing proof of our liability and workmen's compensation insurance of which Boynton Beach
will be named as an additionally insured once we go to contract with you. A new Piggy Back
contract-option is herewith as well.
As soon as I have a copy of the fully executed contract from the City ofPSL, I will get it to you.
I really look forward to working with you! Please don't hesitate to contact me anytime with
anything else you may need.
Best Regards,
-~~0
Rebecca Valenza
Director of Public Relations
PO BOX 1387 · BOYNTON BEACH, FL 33425 · 561. 965.2198 . FAX 561. 965. 9777
WWW.ARBORTREELAND.COM
L A SU.S1DIARY OF ARIlOR TREE & lAND - 5;,,0 ""
DISASTER RESPONSE & RECOVERY I DEBRIS REMOVAL & MANAGEMENT I PROJECT M.4NAGEMENT I MARINE & CONTRACTING DIVISION
CONTRACT AGREEMENT
DISASTER RECOVERY SERVICES
Upon execution by both parties, this agreement shall serve as the Contract between the City of
Boynton Beach ("owner") and Arbor Tree & Land, Inc., dba ATL Disaster Recovery ("contractor")
for the services provided within the PIGGY-BACKED contract for the City of Port St Lucie, State
of Florida. All terms, conditions, plans and specifications of the City of Port St Lucie contract dated
September pt, 2007 through August 31 st, 2009, shall apply to this agreement and are hereby
incorporated herein. Services are to be provided as a whole to the City of Boynton Beach whereas
the City may experience massive destruction wrought by the impact of a hurricane landfall, violent
storms spawning tornadoes as well as other natural and/or manmade disasters. Contract changes
shall be made in writing and agreed upon by both parties. Affixed hereto are the authorized
signatures of both parties, in approval hereof.
BY:
Arbor Tree Land, Inc., dba ATL Disaster Recovery
5796 Western Way
Lake Worth, FL 33463
BY>""~ ~'-~"""'0,
William D. Hodges, Presi~ent
City of Boynton Beach
222 NE 9:11 Avenue
Boynton Beach, FL 33425
ATTEST:
ATTEST:
/7
//
" r.. /'
" /
/4 "?:~
JSignat~ /
(S igna ture )
(Printed name and title)
$/lC/E /?/EtJFI:
(Printe name and title)
p/1l//IJ/5T.e4 / /(/C
/I.55/Sl/h/i
PO BOX 1387 . BOYNTON BEACH, FL 33425 · 561. 965.2198 · FAX 561. 965. 9777
WWW.ARBORTREELAND.COM
L A SUB.OIAI<Y OF ARIlOO TRfE & lAND - ""'" 197.
DISASTER RESPONSE & RECOVERY I DEBRIS REMOVAL & MANAGEMENT I PROJECT MANAGEMENT I MARINE & CONTRACTING DIVISION
August 6, 2007
City of Boynton Beach, Florida
Ms. Christine Roberts
222 NE 9th Avenue
Boynton Beach, FL 33425
Dear Ms. Roberts,
We are pleased to submit a Proposal for a Preposition Contraet to the City of Boynton Beach.
Below is a little history on our company.
Arbor Tree & Land dba ATL Disaster Recovery is a locally owned and operated company
specializing in debris management and recovery services. We've been providing eomplete
debris management services for the past 29 years in Florida; our personnel have worked in
planning and managing all phases of disaster recovery services from 'cradle to grave'.
lr~ twenty-nine years of working \vith storm-related debris removal, reduction and disposal, ATL
bas developed an efficient operational plan to complete the clean up efforts in the least amount
of time possible, in the safest method and in a skilled and practical manner.
We will provide the necessary equipment, training, logistics and supervisory personnel to
provide Boynton Beach with excellent clean up efforts when you need them. Our management
team has been trained by FEMA in Debris & Emergency Management, Public Assistance, EMI
courses and NIMS compliance courses. ATL will provide all required documentation, as well as
guidance and assistance in making decisions for all reimbursements.
ATL has built a foundation of quality employees, a strong, solid financial platform; and a fleet
of company-owned equipment second to none. If a disaster strikes we are ready to commit to
the City of Boynton Beach: ATL can assure you of Personal, Priority service.
We appreciate the opportunity to subrnit this proposal to the City of Boynton Beach and look
forward to partnering v,lith you or.. your Emergency Recovery efforts.
4:]m~~~
Director of Public Relations
PO BOX 1387 · BOYNTON BEACH, FL 33.425 · 561.965.2198 · FAX 561.965.9777
WWW.ARBORTREELAND.COM
ATL DISASTER RECOVER'{
OPERATIONAL PLAN.
ATL's operational plan is divided into five phases of disaster recovery. Each
phase takes into consideration general contract requirements and the type of
response that will be needed to complete the cleanup efforts in the least
amount of time, in the safest method and in a skilled, practical manner. Since
each event will differ, ATL's pre-established plans ensure that personnel and
equipment are mobilized and utilized in the most efficient and effective manner.
ATL's pre-event plan can easily be adapted to address the specific disaster.
Plan 1:
Pre-Event
Planning
Plan 2:
Operational
Set-up Plan
Plan 5:
Documentation!
Reimbursements
and
Subcontractors
A TL Disaster
Recovery &
Management
Plan 3:
Debris
Operations Plan
Plan 4:
Ongoing Safety
and Quality
Control
ATL DISASTER RECOVERY
PLAN 1.
PRE- EVENT PLAN.
Once a pre-event contract has been established with the City of Boynton
Beach, ATL will advertise in local newspapers and start interviewing qualified
contractors in your area. Start a chart with subcontractor equipment and their
experience to what their duties would be. Organize a meeting with the EOC
manager; ATL will establish operations zones that are in relation to each TDRS.
In the event of a disaster, all debris in those operations zones will be removed
and hauled to the nearest TDRS. The city map will be reviewed to highlight
state roads and a meeting will be organized to discuss the process of de bris
removal, reduction and disposal management procedures. At this meeting,
field project managers and supervisors will exchange email addresses and
phone numbers; and ATL can effectively connect VHF radios to ATL radio
central-communications tower. ATL's Director and Operations manager will
discuss ATL's activation plan and will notify all prequalified subcontractors.
PLAN 2.
OPERATIONAL SETUP & ACTIVATION PLAN.
In the event that the storm is within 500 miles, we will activate ATL's prepare
to mobilize plan. As the storm determines its strength and nears its
destination a Pre-mobilization plan may be activated before the storm hits.
This would allow ATL to be near, hours before the storm hits the City of
Boyn ton Beach; when emergency first responders are permitted by the EOC
officer, ATL will begin the emergency road clearance (push). This would ensure
that there is no time lapse getting the equipment operational due to
inaccessible roads. Any additional equipment and resources that would be
needed are only hours away. These are the benefits of ATL being a contractor
that will complete over 30% of the recovery work ourselves.
2
ATL OJSASTER RECOVER)'
.
SUPPORT PLAN.
Initiate City Contact
Organize A TL's 1 st Responder Teams
Establish safe areas for first mobilization teams to hold up
Re-notify local subcontractors
Discuss event specific plans with crew chiefs
Brief all drivers and operators to make sure their personal needs are met to
ensure that they are physically and mentally ready to be part of ATL's "Royal
Fleet"
Arrange shipment and mobilization
Review con tracts and services
Review and set up zones per supervisor and foremen
Test all documentation devices, i.e. cameras, GPS, reports and laptops
Provide funds, review billing and invoicing
Review personnel tasks and list
Provide and distribute supplies and materials
Set up security personnel
Review requests from safety and quality control
Review requests from field project managers
Review logistical tasks
Operate production and performance tracking and reporting systems
Start bookkeeping tasks
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PLAN 3.
DEBRIS OPERATIONAL PLAN.
At this point the emergency road clearance (push) is in full swing for all main
roads. A mass mobilization is in transit to complete the emergency road
clearance and begin debris removal. The following will set up within 48 hours
of the main push:
. Pin point priorities for cleanup: hospitals, fire stations, schools, etc.
. Management team and onsite office to be operational
. At least two TDRS sites operational within 24 hours
. Set up safety signs and directional signs for rapid deployment
. Protect those affected by the storm by protecting their assets from
damage or destruction from the event recovery
. Be operational to receive debris at TDRS in less than 24 hours
. To have a fully functional on-site office set up and equipped with
generators, portable water, phones, two-way radios and with full
communication capabilities
3
ATL DISASTER RECOVERY
"CLEAN AS YOU GO" POLICY.
It is ATL's policy to complete all work in a workmanship manner the first time.
This policy is known as our "clean as you go" policy. This policy is in place to
ensure that all work will be completed in the most efficient and effective
manner the first time. This policy will not override any contractual obligations
to perform multiple passes of debris pickup as directed by the City of Boynton
Beach. It simply states that all work will be conducted adequately the first time
to reduce the necessity of having to redo any work. All employees,
subcontractors and consultants are required to abide by our company's "clean
as you go" policy. Example: as you pass don't leave a log or branches around a
tree or fire hydrant, etc. clean as you go.
PLAN 4.
ONGOING SAFETY & QUALITY CONTROL PLAN.
ATL maintains a Quality Control Plan that provides guidance and defines
measurements to assure a consistent quality of effort; and a system by which
we can ascertain that all works complies with the requirements of the Contract
as well as compliance with FEMA, NIMS (National Incident Management
Systems), ElM (Emergency Incident Management), the State of Florida, as well
as local standards and regulations.
Our Quality Control Plan will not be modified or destabilized based on the size
of the recovery effort as ATL is committed to providing excellent service.
Example: morning/ evening safety meetings - follow up safety requirements.
The following outlines the procedures that are executed to ensure ATL's quality
of work. Each task is assigned to the individual indicated below. Each
employee is personally responsible for the task and will complete each required
report. These reports will be turned in to their supervisor and up the chain of
command to the Director of Operations for review.
4
ATL DISASTER RECOVER'{
QUALITY CONTROL PROCEDURES.
Functions! Assie;nment Person Responsible
Time Frame
TDRS Safety Layout PM, QCSM
Daily
TDRS Fire Protection Plan DRM, QCSM, EMT
Daily
TDRS Production & Equipment Line DRM, QCSM
Weekly
Contractor Performance Report FF, QCSM
Daily jWeekly
Contractor Corrective Action Plan PM, QCSM, EMT
Daily jW eekly
Property Damage Report FF, QCSM
Daily
Property Repair Quality evaluation Follow up GMT, QCSM, EMT
24 Hours
ATL Fleet Driver & Operator Safety VPM,OD
Weekly
Performance and Progress Reports GMT, VPM, DO
Daily
Equipment Lineup & Personnel Production LM, CMT, DO
Daily jWeekly
DO
EMT
DRM
LM
QCSM
CMT
Director of Operations
Environmental Managing Team
Debris Reduction Manager
Logistics Manager
Quality Control & Safety Manager
Contract Managing Team
VPM
GMT
PM
FF
Vice President Manager
General Managing Team
Project Manager
Field Foremen
5
ATL DISASTER RECOVERY
DAMAGE CLAIM REPORT.
The Quality Control Manager will handle all property damage assessments and
replacements. ATL has designed a system to handle all such claims and
complaints in a timely and efficient manner. Please review our customer service
and community relation plans for more detailed information. The Quality
Control Manager is responsible for the identification of performance
deficiencies and providing a plan of action to correct any such deficiencies. The
following is an example of a damage report that will be used in the event of
complaints of damage.
Damage Claim Report
Date of Claim
First nome:
Address:
City
Phone:
Mandatory Completion Date:
Last Name:
State:
Cell#:
Zip
See tor:
Domoae Claimed
Actions Taken
Work performed by:
Date Completed:
I Supervisor's Name:
I Supervisor" s Signature:
I
I
i Homeowner's Name:
P,"'IUt
Dote:
'Arbor Tree and Land. Inc. has conducted all necessary work to repair and/or replace all
damages to the property listed above.
p,",lIr
,
,
,
i
i 'Homeowner"s Signature:
Dote
...AUach Receipt.\' and Photograph.,'...
6
ATL DISASTER RECOVERY
SAFETY PLAN.
Safety is of greatest concern to the management of ATL; we work hard
establishing safety policies for all of our staff and subcontractors to follow. A TL
has adopted controls to ensure compliance with OSHA, the State of Florida and
local rules and regulations. We hold safety meetings at the beginning of each
week to discuss any issues and/ or concerns. We establish rules and programs
to promote safety and encourage all employees to be fully aware of these
procedures which include hardhats, safety vests, vehicle back up alarms, etc.
We hold each employee responsible to uphold the rules and to report any
unsafe conditions to the foreman assigned to the task at hand. Each foreman
is responsible to report all injuries and conditions to the onsite Safety Control
Manager. The Safety Control Manager monitors all safety concerns and works
individually with the Safety Coordinator.
The Safety Control Manager provides daily onsite meetings with employees and
subcontractors. The Safety Control Manager ensures that all employees and
subcontractors are using adequate safety precautions, devices and gear
necessary for the project's conditions and OSHA standards.
The Safety Control Manager ensures that all Maintenance of Traffic is being
conducted according to the Department of Transportation's requirements
pursuant to Chapter 316 of the Florida Statute when work is performed on
public right-of-ways. The Safety Control Manager understands and ensures
compliance of the Florida Department of Transportation's Manual on Uniform
Traffic Control Devices.
HAZARDOUS MATERIALS & SPECIALTY DEBRIS.
A TL's Environmental Manager would be dispatched to any unsafe structures
and materials that have been determined to be a threat to the health and the
safety of the public. Before any demolition or clean up work begins, the
Environmental Manager will investigate all damaged buildings, properties
and/ or infrastructure to which ATL is contracted to remediate. Should the
Environmental Manager discover the presence of any harmful chemical or
biological agents, the Environmental Manager would then formulate the best
method of remediation.
In the case of the presence of observable asbestos, ATL is experienced in air
monitoring and testing the air for the presence of asbestos in microscopic
amounts or larger amounts. Should asbestos abatement be required, we have
two highly qualified abatement contractors which we have used over the years
for asbestos abatement jobs.
7
ATL DISASTER RECOVERY
If a wet removal method is the preferred solution, ATL is highly experienced
and competent in this service. ATL would set up air pump monitoring stations
near the site of direct contact to the machinery and in the cab of machinery
being utilized to perform the demolition and removal of construction debris.
Our Environmental Manager has been employed with ATL for over 17 years
and has overseen the handling of any Hazmat that is encountered.
The Environmental Manager is certified in Hazard Awareness and Remediation
Associated with Weapons of Mass Destruction, Right-of-Way Commercial
Application and Asbestos. The Environmental Manager has overseen the
handling of over 100 demolitions. It is the Environmental Manager's
responsibility to ensure that all work is being conducted in a manner that
follows the guidelines established by National Emission Standard for
Hazardous Air Pollutants (NESHAP) and Environmental Protection Agency
(EPA).
PLAN 5.
DOCUMENTATION, FEMA/FHA REIMBURSEMENTS & SUBCONTRACTORS.
Through our experience and training on FEMA reimbursement policies and
procedures, we understand the importance of proper documentation. ATL has
never had a FEMA reimbursement claim denied.
ATL would use pre-arranged load tickets (a sample copy is provided herein).
These tickets are input on a Daily basis into software customized for generating
reports needed for FEMA/FHA reimbursement. ATL strives for accuracy at the
input-stage, and a checkpoint is made when the reports are derived comparing
them (the reports) to the Daily Load sheets. Our backup to these reports are
the data incorporated into our system as well as the hard copies of the load
tickets themselves.
Our staff has been properly trained and resourced to ensure that all stages of
the recovery effort is compliant with Federal, State, and Local documentation
requirements; ATL strives to stay on the cutting-edge of technology for
documentation software capabilities.
Each completed load ticket has the following: Loading date, Dumping Date,
Preprinted ticket number, Hauler's name, Truck number, Loading location*,
Debris Quantity, Debris Classification, Stump classification,
Reduction/ Disposal dumping location, Client representative, State inspector (if
applicable), Federal inspector (if applicable).
ATL's intention is to have employees and sub-contractors equipped with
battery-operated GPS/GIS devices that can clearly pinpoint the locations.
8
A TL DISASTER RECOVERY
Data tracking and management is the expertise of our accounting department.
With the ingenuity of our audit/ internal control and computer science
professionals, ATL is capable of effectively and efficiently processing high
volumes of data. All data documentation is secured in paper and electronic
formats. These database programs have been engineered to comply with
Agency standards and requirements. The programs facilitate expediting and
ensuring the accuracy of sub-contractor payments, project reconciliation
reports and logs, cost estimates, as well as FEMA and other agency
reim bursemen t reporting.
The need to have real-time data reporting accessible remotely has become very
important. Our computer and networking experts have developed and
designed software to make this data available anytime and anywhere internet
access is available. This tool makes documents like, but not limited to, vehicle
certification, load tickets with debris description and measurements, hauling
summaries, and invoices available instantly through secured interaet servers.
These programs are flexible and can be structured to meet the needs of your
City staff and its citizens as they have been designed and developed internally
by A TL personnel.
FEMA/FHA PAPERWORK.
A TL's experience ensures our ability to do most of FEMA paperwork on our own
utilizing the City's staff only when necessary. We strive to keep up to date on
the ever changing FEMA regulations.
ATL's INVOICING.
A TL invoices electronically with scanned copies of all load tickets {if necessary
hard copies are made available}. These would be submitted daily, weekly or
monthly - however it best suits your municipality needs.
9
A TL DISASTER RECOVERY
ATL's SUBCONTRACTORS.
Located all over the State of Florida, Georgia and the Carolinas. The sub-
contractors that ATL has relationships with are all licensed and ready to
respond. Our communication with these individuals is open and on-going;
they are set to mobilize immediately per our Agreement with them, should the
need arise.
ATL will begin with company resources and will add subcontractor resources
until sufficient resources have been deployed to effectively maintain and
manage the disaster at hand. Local subcontractors will be used when available
in compliance with 44 Code of Federal Regulations (CFR) 206.10. It is our
policy to make a good effort to use local subcontractors and small businesses.
Upon this proposal being awarded, ATL will advertise in local media; and seek
out local, qualified sub-contractors to provide support as needed. ATL provides
small and minority businesses equal opportunity to subcontract and has
implemented (CORP) a community out reach program to maintain participation
rates for small, minority and disadvantaged companies.
Under (CORP), we will contact certified and non-certified entities by direct mail
to the owner(s) listed on the city's Business Development publication. We
currently have numerous subcontractors pre-qualified and committed to
providing additional support to ATL, if needed. Before any subcontractor
performs work, a detailed description of work to be performed and a brief
description of the company's background will be provided to your municipality.
All subcontractors and consultants will be required to abide by all of the terms
and conditions set forth within the bid specifications. A completely updated file
will be maintained at our administrative office for each subcontractor or
consultant.
10
!\TL DISASTER RECOVERY
EMERGENCY RESPONSE AND COMMUNICATION.
Within a few hours of hurricane land fall, a mobile command unit will be
dispatched to the area. ATL's mobile command units are fully equipped with
kitchen and bath facilities, Motorola two-way radios with a broadcast capability
of 25 to 45 watts, satellite phones and faxes, satellite internet, mobile office
stations, and several generators.
These self-sufficient offices with full communication capabilities will be set up
with a tower and fully dedicated to the disaster recovery efforts. ATL's
administrative office in Lake Worth, Florida is committed to providing support
to the on-site operations as well as year round services for the client.
For this project, ATL will be equipped with private band Motorola radios, and
cell phones to provide means of communication. This provides an open line of
communication with all essential personnel at ATL's headquarters. This
capability will be supplied to key City personnel upon request.
A 1-800 number will be enacted to assist the residents of the City of Boynton
Beach. This line will be available for residents to report any dangerous
situations, damaged property or get information. All information exchanged
betw~en residents and ATL will be forwarded to your municipality in our daily
and weekly updates.
In addition, we have GPS units in order to document points and GIS
(Geographic Information systems) for mapping debris locations.
COMMUNITY RELATIONS-OUTREACH PLAN.
A TL acknowledges the importance of communicating effectively and in a timely
fashion with the citizens of the City of Boynton Beach during the recovery
phase. We strive to minimize the disruption to normal life of your citizens.
To better serve and track the needs of your city, A TL will setup a professionally
staffed, 24/7 Hotline. Inquiries and requests from the community are
documented and your Emergency staff is updated as to the handling and
conclusion of each inquiry.
1 1
ATL DISASTER RECOVERY
ATL will also display neighborhood signage posted at various locations
throughout the City as well as PSAs (Public Service Announcements) through a
variety of media, informing the public of all ongoing and planned debris
clearance, removal and disposal activities. Public notices will emphasize the
dates of each pickup date/time and the actions that the public can perform to
expedite the cleanup process {such as how to best separate and segregate
debris, to keep it clear of all hydrants and water meters and where to place it
for collection}. This is a critical tool in managing the recovery efforts.
In addition, ATL has a Public Relations Spokesperson to assist the Public and
your City Management Team with informing your citizens about the current
recovery efforts, assuring a calm and fluid operation.
MOBILIZATION PLAN.
Upon notice to proceed in advance of an event, ATL will mobilize fifty percent
(50%) of all considered necessary resources within 48 hours or earlier and one
hundred percent (100%) of the required resources will be mobilized within 96
hours or sooner.
MOBILIZATION REPONSE TIMES.
Because of our local base, our set ups will be fast and efficient. Our drivers and
operators are rested and alert. Our "Royal Fleet" of equipment and trucks
owned by ATL will get the operations started while other contractors are still
mobilizing.
DEBRIS COLLECTIONS.
In Hurricane Wilma, ATL hauled and reduced over 1,000,000 cubic yards of
vegetative debris; this debris reduction was done entirely with company-owned
equipment.
Crew Assignment: ATL's Operation Managers will study the affected areas and
divide it into sections and assign crews and subcontractors until adequate
resources have been employed.
Daily Meetings: Daily meetings between Field Managers, Field Foremen and
Subcontractors will be conducted to discuss the progress, production and any
possible adjustments. Any deficiencies will be addressed and resolved. The
Quality Control Manager will ensure that all deficiencies are assessed and
resolved through continuous quality control monitoring.
Damages: Damages will be responded to within 24 hours. Communication
emails will be sent to the City to provide information about the status of the
repairs. For further information please review our Quality Control Plan.
12
A TL DISASTER RECOVERY
Traffic Control: ATL has several Maintenance of Traffic (MOT) certified by
Department of Transportation (DOT) employees on staff. Each TDRS will have
at a minimum two street flagman for the courtesy of the citizens and each
right-of-way pickup crew will have a minimum of two flagmen as well. The
Safety Control Manager will ensure that all Maintenance of Traffic is being
conducted according to the Department of Transportation requirements
pursuant to Chapter 316 of the Florida Statue. The Safety Control Manager
understands and ensures compliance of the Florida Department of
Transportation's Manual on Uniform Traffic Control Devices.
Debris Removal: In the 70 hour push the emergency road clearance will be
pushed hard to get as much of the debris removed under the FEMA guidelines
as quickly as possible. State road crews will be separate from city road crews to
help in 70 hour push.
An initial damage survey will be conducted generally if the storm is a Category
3 or higher. A TL's Director of Emergency Operations will arrange an aerial
assessment by helicopter with the City's Emergency Operations Manager. The
hard hit areas will be assessed and videoed for documentation and planning
purposes.
Public Right-of-Way Debris Removal: Before the emergency push phase is
complete, in order to clear debris from all city public property, public right-of-
way, streets, roads, and easements in a timely and efficient manner, ATL would
proceed as follows:
. Upon notice to proceed, ATL will study the affected area and divide it into a
multiple sections and assign a field project manager or supervisor and crews or
subcontractors to each section.
. Upon notice to proceed, ATL will meet with City official to assess the pre-
determined TDRS locations. The scope of the disaster and resultant damage
will determine the number of sites required. If ATL feels more TDRS sites are
needed, we will work with the City to identify other potential TDRS site either
public or privately owned.
. On a daily basis, ATL's managing team will evaluate productivity and make
necessary adjustments for the best interest of the City. Our plan is to move the
collection debris from "cradle to grave" as efficiently and courteously as
possible and get the City back to normal.
13
ATL DISASTER RECOVERY
Each TDRS will be equipped at a minimum with the
following:
Site Managers 1 to 2
Flagman 4 to 6
Inspection Towers 1 to 3
1000 HP Debris Grinders 1 to 2
Grapple Excavator w/Operators 3 to 4
Large Rubber Tire Loaders 2 to 4
Service/Fuel Station 1
Fire Protection Station 1
First Aid Station 1
Watering Truck and/or Fire hose Equipment 1
Street Sweeper 1
24-Hour Security 1
OPERATIONAL/PERMIITED TDRS.
ATL is in the debris reduction & management business 365 days a year;
WE pride ourselves on being the 'Best in the Business'.
Our reduction division rotates a fleet of Diamond Z {Horizontal and Tub}
grinders to keep them in excellent condition and ready for a disaster
event. With an expansive in-house fleet of company-owned equipment
that's ready to go, our equipment can be on a TDRS and operational in
record time.
Because most TDRSs are too small, production is a key factor. Your
municipality needs an experienced manager of debris reduction to obtain
the utmost productivity.
ATL manages a productive wood recycle facility 365 days a year. We use
this yard as an exercise and training yard keeping ATL subcontractors,
personnel, factory reps, and equipment on the cutting edge and prepared
pre-disaster.
Company owned and ready to go we call this our "Royal Fleet" and it is
an asset that should not be overlooked when you are looking for
experience, production and efficiency.
15
ATL DISASTER RECOVERY
)
,
PERMITTED RECYCLING YARD.
Established in 1995, ATL operates this recycling yard 365 days of the
year processing large volumes of vegetative debris on a daily basis. This
debris activity yard moves large volumes of debris through a small yard
simulating a normal TDRS for continual training.
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16
A TL DISASTER RECOVERY
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17
..\TL DISASTER RECOVER'!"
DISASTER EXPERIENCE.
Disaster: Project: Scope of Work
2005 Miami-Dade County - NRCS Awarded $2,500,000.00 contract in
Hurricanes Reimbursement 2006 for water\Vay debris removal and
Wilma and disposal along 15 canals within the
Katrina County that were damaged by
Hurricane Wilma. Processed over 2,000
tons of debris
South Florida Water Homestead/Florida City watervvay
Management District debris removal, reduction and disposal
of 25 miles of canal bank debris
South Florida Water Broward County water\Vay debris
Management District removal by barges, debris reduction
(grinding) and trucking mulch to
disposal site from 30 miles of canal
banks
South Florida Water Palm Beach County waterway debris
Management District removal by barges, debris reduction
(grinding) and trucking mulch to
disposal site from 40 miles of canal
banks
City of Coral Springs, Florida Debris removal services from "cradle to
grave", managed over 1 00
Population: 128,852 subcontractors and processed 515 ,OO~
cubic yards of debris
City of Miami Springs, Florida Debris removal services from "cradle to
grave" and processed over 300,000
Population: 13,824 cubic yard of debris
Northern Palm Beach County Debris removal services from "cradle to
Improvement District grave", debris hauling and reduction
Coral Springs Improvement Water\Vay debris removal caused by
District Hurricane Wilma, debris removed by
barge, removed and hauled 50,000
cu bic yards of debris
North Springs Improvement Waterway debris removal caused by
District Hurricane Wilma, debris removed by
barge, removed and hauled to disposal
site
Crossings Drainage District Waterway debris removal caused by
Hurricane Wilma, debris removed by
barge, removed and hauled to disposal
site
1 Q
ATL DISASTER RECOVERY
2004 Village of Golf, Florida Street right-of-way cleanup and golf
Hurricanes course vegetation removal, grinding
Charlie, Population: 228 and hauling to disposal site
Frances,
Ivan and
Jeanne
Sanibel Island, Florida Right-of-way debris pickup and hauling
to disposal site
Population: 6,335
City of Orlando, Florida Right-of-way debris pickup and hauling
to disposal site
Population: 208,900
City of South Miami, Florida Waterway debris removal, grinding,
and hauling to disposal site
Population: 10,891
South Florida Water Cleared various canals within Palm
Management District Beach County, Broward County and
Miami-Dade County of all storm related
debris, processed and hauled debris to
the disposal site
Indian River Farms Water Waterway debris removal, grinding,
Management District and hauling to disposal site
City of Coral Springs, Florida Debris removal services from "cradle to
grave"
Population: 126,711
South West Florida Water Debris removal within the Peace River's
Management District waterway system that obstructed the
water flow to mitigate flooding
Indian River Mosquito Control Constructed an 800 foot floating bridge
District and transported 9,000 cubic yards of
fill to rebuild the dike damaged by the
hurricane
1998 Florida Keys Debris pickup and trucking vegetation
Hurricane
Georges
1996 Wilmington, North Carolina Debris pickup and trucking vegetation
Hurricane
Fran
1995 Destin to Pensacola Debris pickup and trucking vegetation
Hurricane
Opal
1992 South Florida Water Canal right-of-way cleanup from the
Hurricane Management District Palmetto Expressway to Cutler Ridge
Andrew
19
AlL DISASTER RECOVERY
CURRENT CONTRACTS HELD.
Name of Firm South Florida Water Management District
Name of Contract Emergency Hauling Services
Contract Term Sept. 14, 2006 to Sept. 14, 2009
Scope of Work Debris Removal and Hauling to TDRS,
Debris Separation
Man Hours Per Year 300 Hours
Percentage of Total 10%
Workload
Contract Obligation This contract is for hauling debris, after
others remove the debris from the water.
Hauling would not start until
approximately 60 days after an event.
, ." --:c-
'.' . . . . ,
Name of Firm County of Broward
Name of Contract Disaster Debris Management Services
Contract Term June 1,2007 - May 30,2008
Scope of Work Emergency Road Clearance, Debris
Management, Debris Reduction, Debris
Removal, Debris Hauling, Hanger and
Leaner Removal, Stump Removal, C & D
Pickup and Hauling
Man Hours Per Year NjA
Percentage of Total NjA
Workload
Contract Obligation Contract Open for Services when needed.
)1
,j' :
')n
A TL DISASTER RECOVERY
Name of Firm City of West Palm Beach
Name of Disaster Debris Removal and Disposal Services
Contract
Contract Term July 6,2005 to July 7,2008
Scope of Work Emergency Road Clearance, Debris Management,
Debris Reduction, Debris Removal, Debris
Hauling, Hanger and Leaner Removal, Stump
Removal, C & D Pickup and Hauling
Man Hours Per o Hours
Year
Percentage of 0%
Total Workload
Contract Open contract for when services are needed.
Obligation
" :c: , 'C , -;'-.- 'en), .'
...,...,..c.,......, ....'
".....," ".:, " , ;"'.,
Name of Firm Miami-Dade County
Name of Debris Removal Services
Contract
Contract Term July 7,2006 to June 30,2008
Scope of Work Emergency Road Clearance, Debris Management,
Debris Reduction, Debris Removal, Debris
Hauling, Hanger and Leaner Removal, Stump
Removal, C & D Pickup and Hauling
Man Hours Per o Hours
Year
Percentage of 0%
Total Workload
Contract Open purchase order for when services are
Obligation needed.
"
21
A TL DISASTER RECOVERY
Name of Firm Northern Palm Beach County Improvement
District
Name of Various District Debris Disposal
Contract
Contract Term October 1, 2005 to September 30,2008
Scope of Work Debris Management, Debris Removal and
Hauling, Debris Reduction and Disposal
Man Hours Per 200 Hours
Year
Percentage of 3%
Total Workload
Con tract Right-of-way cleanup, ATL was responsible for a
Obligation small area within the District for the last
Hurricane.
>'
, ". .'..
Name of Firm City of Doral
Name of Emergency Debris Removal
Contract
Contract Term August 24, 2006 to August 24, 2008
Scope of Work Emergency Road Clearance, Debris Management,
Debris Reduction, Debris Removal, Debris
Hauling, Hanger and Leaner Removal, Stump
Removal, C & D Pickup and Hauling
Man Hours Per Unknown - New Contract
Year
Percentage of 5% Anticipated
Total Workload
Contract Open contract for when services are needed.
Obligation
ATL DISASTER RECOVERY
REFERENCES.
ATL has provided emergency debris recovery services to the following
government agencies within the last five years. For each project, ATL was the
prime contractor.
Northern Palm Beach Improvement
Agency District
Address 357 Hiatt Drive
Palm Beach Gardens, Florida 33418
Phone (561) 624-7830
Contact Name Tim Helms
Contract Title Disaster Recovery Services
Type of Disaster Hurricane Seasons 2004, 2005
Type of Services De bris Removal
Provided
Date of Services 10/24/05 to 1/1/06
Total Con tract $500,000.00
Value
Agency City of Miami Springs
Address 345 North Royal Poinciana Blvd
Miami Springs, Florida 33166
Phone (305) 905-5170
Contact Name Denise Y oezle
Contract Title Disaster Recovery Services
Type of Disaster Hurricane Wilma
Type of Recovery ATL provided the City with emergency
Services Provided de bris management for Hurricane
Wilma
Date of Services 10/24/05 to 1/1/06
Total Contract Value $2.4 million
23
A TL DISASTER RECOVER '{
,
South Florida Water Management i
I
Agency District
Address P.O. Box 24682
!
West Palm Beach, FL 33416-4680
Phone (561) 682-6105 !
,
Contact Name Linda Yarrish i
I
Contract Title Numerous (list available upon request)
Type of Disaster Each Hurricane Since 1992
Type of Recovery ATL has provided debris management
Services Provided and removal services for SFWMD since
Hurricane Andrew. ATL has provided
hazardous trees removal, exotic removal
and debris removal within the numerous
canals of the District's water
management system.
Date of Service Continuous Service
Contract Value $15+ million
Agency Coral Springs Improvement District
Address 11575 Heron Bay Blvd Ste 106 I
I
Phone (954) 752-4960
Contact Name John McKune
Contract Title Canal Bank Restoration
Type of Disaster Hurricane Wilma 2005 I
I
Type of Recovery Removed all generated debris from
Services Hurricane Wilma along the District's canal
Provided banks and performed canal bank restoration
within the water management systems. All
vegetative debris located within the canal's
right of way and water's edge was removed
and hauled to a wood recycling yard.
Removed and hauled approximately 13,000
linear feet of rootballs and restored
a pproxima tely 19,000 linear feet of canal
bank.
Date of Service 3/11/05 to 6/30/05
Contract Value $1 .3 million
"1,1
ATL DISASTER RECOVERY
Agency City of Coral Springs
Address 9551 W. Sample Road
Coral Springs, FL 33065
Phone (954) 830-2116
Contact Name Louis Goldstein
Contract Title Disaster Recovery Services
'f:ype of Disaster Hurricane Seasons 2004, 2005
'f:ype of Recovery ATL provided the City with emergency
Services Provided debris management for Hurricanes
Francis, Jeanne and Wilma. ATL
processed over 515,000 cubic yards of
vegetative debris, removed all stumps,
hanging and leaning trees after Wilma'
im pact.
Date of Services 10/24/05 to 1/1/06
Total Contract Value $11 million
25
/\TL DISASTER RECOVERY
ATL's COMPANY-OWNED EQUIPMENT.
Qty Age Brand Model Description
7 2006 (3) Mack) CS700) Tractor trailer dumps
2005 (2) Western Star CH, DM 40 to 80 yard I
2000 (2) Tractor with large capacity trailer that
dumps
3 2004 (2) Mack Roto bec Self loader grapple type with self-
2001 (1) Pren tic dumping, 6,000 to 9,000 lb lifting
crane
120 E Prentice has 80,000 lb hauling
capacity
20 6 months Komatsu 450 Rubber tire loaders
to 3 years Volvo L-90 Front-end loaders with bucket boom or
Kawasaki 290 rake Grapples for debris collection
Caterpillar i
TCM
3 1 to 3 Caterpillar 318 (1) Rubber tire grapple excavators
years 322 (2) Loader excavator for loading large
capacity dump trailers 322 has 15 ton
capacity
13 6 months Komatsu PC 78 (1) Track excavators with material
to 5 years Gradall PC 220 handling grapple for moving debris
(2)
Ko belco 300 (2) )
235 (3) I
Skytrac 330 (1)
322 (2)
Caterpillar
4 2001 (1) Altec LR V Bucket truck
1994(1) LR III With 60 foot boom to reach for
hazardous tree or limb removal
4 2004 Hino Open box 10 to 40 yard Trucks
1 10 months Hino Dump Chipper truck
Box A box truck that dumps and capable of
pulling a chipper
4 10 months Bandit 250 Chipper
(2) Industries 115 hp to pull behind for special
3 years (2) cleanup
20 1 month to S tihl MS 200 Chainsaws
1 year MS 220 Small for light cutting
15 1 month to Stihl MS 360 Chainsaws
1 year MS 440 Large for cutting wood
MS 660
26
A TL DISASTER RECOVERY
((
16 Late Model Trailers A WKFLR Dump Trailers & Lowboy Trailer
1 8 years Morbark 30/36 Chipper
like new 500 hp
6 2 months Diamond Tub Whole Tree Grinders
to 2 + years Z/Zher Horizont
al 1000 H.P.
2 2 years TCM 320 Small Bobcat-like Loader
1 2 years Komatsu PC78 Rubber Tracked Excavator with
Grapple Loader
1 3 years Rayco 1672 Hydro Stump Grinder
Grinder used for small and medium
stumps, 175 hp
1 5 years Hydro Ax RT Stump Grinder
Grinder used for large stumps, 500 hp
3 2 years Barge Custom 12x13' 150hp self-propelled with tower
Built lifting capability
2 2 years Barge Custom 24x40' sectional barge
Built
3 2 years Barge Custom 24x50' sectional barge
B uil t
2 2 years Barge Custom 10x20' self propelled push boat 150hp
B uil t
4+ 2 years Push Boats 2 and 1 motor
Push boats/Tugs
27
Arbor Tree & Land, Inc.
Debris Collection Equipment
Qty
Description
Equivalent
30+
Pick up trucks 1/2 -3/4-1-ton
F150,250,350
100+
Heavy dump trucks 10 - 30 yard
Single rear axle
100+
Heavy dump trucks 16-18 yard
Taden tripple axle
100+
Heavy dump trucks 20-40 yard
Tandem or tripple axle
30 +
Tractor trailer with 100 yard plus live bottom hydraulic unloads without
lifting for hauling mulch
30+
Tractor trailer dumps 40-80 yard
Tractor with large capacity trailer that dumps
Steel Aluminum Dump
A)+
Self loader Grapple type with self-dumping 6000 to 9000lb lifting crane
Rotobec 80
30+ Rubbertire loaders front-end loaders with bucket boom or rake
Grapples for debris collection
1-2 yard size
3-5 Yard size
TCM 20
John Deere 544
Volvo L90
Komatsu 450
5-10 yard size
10+
Rubber tire Grapple loader excavator for loading large capacity dump
. trailers
Rubber tire Cat 322
and Cat 318
12+
Bucket truck with 60 feet reach boom for hazardous tree or limb
removal
Aspludh
1'</ ,",
ovw
~
~
<t.
..
12+
Chipper truck a box truck that dumps and capable of pulling a chipper
Ford F600
'5+
Chipper 115 hp to pull behind for special clean up
Bandit 250
100+
Chainsaws - small for light cutting
Stihl 021
100+
Chainsaws - large for heavy wood
Stihl 044
Support Equipment for Debris site Management
12+
Hydraulic excavator with debris grapple, bucket thump or bucket for
loading and handling debris
Cat 322
3+
Hydraulic excavator with shear for stump reduction, Machine reduces
the size of large stumps prior to grinding
Komatsu 300
6+
Cat D-6
Dozer 6 way medium-large dozer for moving fill or debris
6+
Water truck with 2000/5000 gallon water pumps to keep down dust
and fire prevention
6+
Burner air curtain mobile unit to burn if necessary to reduce emissions
Air Burner T-359
9+
Diamond Z 1463
Morbark 1300
Tub Grinders with approximately 1000 HP 12 to 14 feet diameter tubs
Marine Restoration and Debris Collection
Barges custom built by A TL in our private
fabrication shop
3
12x13 150hp self-propelled with tower lifting capability
2
24x40 sectional barge
3
24x50 sectional barge
2
10x20 self propelled push boat 150 hp
2
8x20 push boat 150 hp
3
18-20' work boat 30-50hp
.~
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A TL DISASTER RECOVERY
,~#t,
FIRM QUALIFICATIONS.
Arbor Tree & Land djbj a ATL DISASTER RECOVERY with headquarters in
Lake Worth, has been in business since 1978. ATL has over 150 pieces
(approximately $10 million dollars worth) of company-owned equipment, and
stands as one of the few Disaster Relief companies able to complete a minimum
of 30% of recovery work on all our own, without the necessary-use of sub-
contractors. Our top management have all been trained in Debris Management
through FEMA and are also NIMS compliance. We understand the work and
billing guidelines for FEMA reimbursement through proper training and
expenence.
QUALIFICATIONS OF STAFF.
William Hodges
William Hodges is the President of A TL and Director of Emergency Operations.
For Hurricanes Andrew, Opal, Charley, Frances, Jeanne, Ivan, Wilma, and
Katrina, he directed work crews in clearing over a million cubic yards of debris,
provided project management and performed public relations. William Hodges
oversees subcontractor management for the company. William has 22 years of
experience working as a general contractor with government agencies including
city, county, state and federal governments. William is also responsible for the
allocation of equipment design and management for our "Royal Fleet". He is
responsible for outreach programs to minorities and Women Owned Businesses
for the company. For more than 28 years, William has effectively and
efficiently managed the business of debris handling in Florida. Training
consists of FEMA, NIMS Compliance courses and EMI Training.
Terry Hodges
Terry Hodges is the Senior Project Manager of Emergency Operations. He has
managed over a million cubic yards of debris, hundreds of subcontractors and
has had extensive FEMA disaster training. Terry also has experience
coordinating the recovery efforts for Hurricanes Charlie, Frances, Ivan, Jeanne
and Wilma. Terry Hodges managed A TL's City Tree Operations Division
successfully for 12 years. He effectively owned and managed Arbor
Transplanters for 6 years. For more than 4 years, Terry Hodges served as an
Emergency Response Team Member for the State Nuclear Power Plant in
Crystal River, Florida.
.,-""""
28
ATL DISASTER RECOVERY
John Rollins
John Rollins has over 20 years of environmental project management
experience. He is a certified paleontologist, Coast Guard Licensed Captain!
Merchant Marine officer and Certified Asbestos Contractor/Supervisor. He is
also certified in the herbicide application with aquatic right-of-way and natural
areas endorsements. He also has a Florida Department of Agriculture
Consumer Services Pesticide Certification. He is certified in First Aid and CPR.
He has an Associates Degree in Liberal Arts. John has been our
biochemical/hazardous waste consultant for Hurricanes Charley, Frances,
Jeanne, Ivan, and Wilma. John has supervised the completion of over 100
demolitions; and has completed FEMA certification, NIMS Compliance courses
and EMI training.
Ro berto Acuna
Roberto Acuna has over ten years of debris/material management and logistics
experience. He served as operational manager of a local trucking company that
managed fleets of over 250 independent contractors. He is trained in disaster
debris management and FEMA policies and procedures, as well as NIMS
Compliance and EMI training. Roberto has participated in single audit reviews
and is knowledgeable in FEMA reimbursable requirements and compliance. He
has a Business Administration degree in Accounting from Florida Atlantic
University and is currently pursuing a Masters in Accounting with
concentration in Forensic Accounting. Roberto has resided in South Florida for
over twenty years and has a good working relationship with local
municipalities, contractors and suppliers. Roberto is responsible for and
oversees all aspects of record keeping management from the commencement of
the project to its final reconciliations.
Re becca Valenza
Rebecca Valenza is ATL's Director of Public and Community Relations.
Rebecca has a Bachelors Degree in Marketing and Management from Florida
Atlantic University; with an extensive background in public affairs and building
relationships, it is her primary objective to hold ATL up to the highest
standards and to let outer communities and municipalities know of ATL's
strengths with our level of management and brevity of equipment. She also
oversees all RFPs, marketing pieces, informational and otherwise, and ensures
that A TL delivers only the absolute best communication levels available to our
city and community liaisons. Rebecca has successfully completed FEMA
certification, NIMS Compliance courses and EMI training.
29
:\ TL DISASTER RECOVER'{
Tony Ornelas
Tony Ornelas is a Major Projects Manager. Tony Ornelas has over 12 years
experience with project management and 16 years of experience with hauling
vegetation in Florida. Tony has supervised subcontractors for Hurricanes
Charley, Frances, Jeanne, Ivan, Wilma and Katrina. He manages over 200
pieces of equipment on a daily basis. Tony is experienced in waterway, barge,
and exotic tree debris removal. ATL's repeat business from those customers is
directly correlated to his professionalism and job quality. Tony's work has
been rated Al with the Army Corp of Engineers.
Steve Pisacano
Steve Pisacano is a Field Personnel Monitor. He is responsible for FEMA
compliance documentation. He also ensures correct documentation including
pictures, tickets and any documentation to meet all government standards. He
was our internal supervisor for the monitoring team for Hurricane Wilma. He
has over 25 years of personnel management experience. He has an Associates
Degree in Landscape Technology from Broward Community College. He
successfully owned and operated his own landscape business and sold it in
1991.
Tim Ervin
Tim Ervin is a Major Projects Manager. Tim Ervin has over 20 years experience
in project management. Tim writes Safety Policy and Procedures for ATL and is
a certified heavy equipment instructor. He has worked with ATL through
Hurricanes Charley, Frances, Jeanne, Ivan, and Wilma. Tim managed crews,
provided equipment support, and regulations compliance. Tim is experienced
in managing and operating barge crews, watenvay cleanup and exotic tree
removal.
Robert Ellis
Robert Ellis has worked at ATL for over 11 years as the Equipment Manager.
Robert Ellis has over 20 years experience in maintenance management and
managing crews. For Hurricanes Wilma, Charlie, Frances, Ivan and Jeanne, he
was responsible for managing fuel reserves, maintaining and repairing our fleet
and equipment onsite. He is also responsible for managing crews at ATL
headquarters. Robert Ellis served in the U.S. Army for 12 years as a Fleet
Maintenance Manager. Robert is a retired veteran from the Army with medals
of Honor. Robert Ellis is ASE certified.
30
ATL DISASTER RECOVERY
Arturo Liz
Arturo Liz is our Logistics Manager. Arturo has over 13 years experience
managmg large workgroups. Arturo has 10 years experience in Loss
Prevention Tactics. He has experience managing ATL's trucking equipment
and was the Assistant Project Manager for Hurricane Katrina. Arturo also
performed services at ATL for Hurricane Wilma including trucking, emergency
response preparations, and TDRSS project management. Arturo continues his
daily activities managing crews, equipment, company fleet and debris
movement throughout Florida.
Richard Castro
Richard Castro is a Tactical Manager. Richard Castro has over 12 year
experience providing tactical management for businesses. Richard Castro has
experience providing tactical management for Hurricanes Charley, Frances,
Jeanne, Ivan, and Wilma. He is instrumental in providing organization for the
field, crews and the office personnel.
Bonnie Krpa ta
Bonnie Krpata is ATL's Certified Office Specialist. Bonnie has over 15 years of
professional office/legal experience; and assists in project management,
contract bidding/writing, payroll services and billing, as well
as other administrative duties.
Jennifer Williams
Jennifer Williams is our Contract Administrator. Jennifer has a bachelor's
degree in Business Administration with a concentration in Marketing
Communications as well as a Master's in Business Administration. Jennifer's
many years working with government agencies helps in her preparation of
RFP's and contracts for ATL.
Zach Hodges
Zach Hodges is ATL's Assistant Contract Administrator. Zach is currently
enrolled in Palm Beach Community College seeking a Business Administration
degree. He is trained in FEMA Emergency Management as well as NIMS
compliant through NIMS courses.
31
i\TL DISASTER RECOVERY
Keith Galus
Keith Galus is ATL's Controller. Keith has a Bachelor's degree in Accounting
from Florida Atlantic University and is currently expanding on pursuing more
studies on Public Assistance and FEMA reimbursements with and for local
municipalities. Keith's background also affords him the experience of
equipment operation and handling.
Tim Nowak
Tim Nowak is an Assistant Project Manager overseeing ATL's Department of
Environmental Protection yard, also known as our local TDRS. Tim served four
years in the US Army and received an Honorable Discharge upon his release.
Tim is our communication specialist, trained in radio & wire, and speech
security equipment including encoding and decoding of messages. Tim is NIMS
compliant and seeking further FEMA approved classifications.
32
Robert
Acuna Vice
President
(VPM)
Keith
Manton,
Controller
Sub-
Contractor
Invoice
Payables
Receivables
ORGANIZATIONAL CHART.
I
Quality
Control
Safety
Manager
Steve
Plaicano
(QCSM)
'--~--r------
I
Arturo Liz
Contract
Compliance
Group
Logistic
Manager
~-~-1!fL'~'-
Portable
Housing
CITY OF BOYNTON
BEACH
L...-...----'-..'.. ----,----..,,-
I
William
Hodges
Director of
Operations
':-~JP~,
I
Rob Ellis
Debris
Reduction
Manger
(DRM)
I
Terry
Hodges
General
Managing
[Team (GMT)
Fuel Supply
Debris
Reduction
Grinding
Sites
-""-----..-.r-~
Fleet
Maintenance
Operators
Customer
Service
Relations
A TL DISASTER RECOVERY
I
Rebecca
Valenza
Director of
Public
Relations
l.;.;.;....... 'I
John Rollins
- Environmenta
I Managing
l._ T:~_(~~~._
I
Accordia
Safety
Inspector
~J!!L--
I
Jennifer
Williams
Contract
:..~dmini__!~~oz:_
Hazardous
L.M!!erial __
Demolition
Project
Managers
(PMT)
Tony
Ornelas
Tim Ervin
Bonnie
Krpata
Certified
Office
. Specialist
Crews
Foremen
Sub-
contractors
Drivers
Flagmen
Labors
33
A TL DISASTER RECOVERY
FINANCIAL STABILITY.
In the following pages, you will find a copy of Arbor Tree and Land, Inc.'s
Financial Statements for the year ending December 31, 2006 and Financial
Statements for the year ending December 31, 2005. Our Certified Public
Accountant firm that certified the financial statements was Michael J. McGoey,
CPA, Inc.
Arbor Tree and Land, Inc
Statement of Income and Retained Earnings
For the Vur Ended December 31,2006
Contracl Revenues 16.747.281 100.00""
Contra~ Costs 7,391.748 ~
GROSS PROFIT 9.355,533 5586%
General & Adminlslralive Expenses 2,954,435 ~
Income from Operations 6.401,098 38.22""
'nlerest Income 142,176 0.85%
Other Income 1.458 ~
NET INCOME 6.544,732 39.08%
Retained Eamlngs December 3t, 2005 8.780,518
Oivktends paid in 2006 [3.667.6071
Relalned eamlngs December 31, 2006 $ 11,657.643
See Certified Public Accountant's Audit Report
The IIccompanylng notes are an int9gral part of this financial statement.
34
ATL DISASTER RECOVERY
Arbor Tree and Land, Inc
Balance Sheet
As of December 31, 2006
ASSETS
Current A,....tw
Ca.h . Not~ 1
Acc:ounbl Receivable - Note 1
Otnw Current AM..etw
Costs and ..tIm&ted earnlnlJS In excen of
billings on uncompleted conl1acts
Total Current Assets
Property & Equipment. Note 1
....t of accumulated depreciation of 56,680,023.
Other Ascets
TOTAL ASSETS
LIABILITIES & EQUITY
Current Liabilities
Accounts Payable
Curnmt Portion of Long Tenn Debt. Note 2
Billings in excess of costs and estimated
earnings on uncompleted contracts
Total Current U.bllltlu
Long Term Debt. nel of current portion. Nole 2
Equity
Common Stock
Retained Eamlnos
Tobll Equity
TOTAL UABI.UTQ;S & EQUITY
S 4,074,253
$ 4.060,688
$ 56.877
$ 86.401
$ 8,280,219
$ 3,682,800
S 1,277,085
$13.240.104
$ 5,214
S 566,664
$ 0
$ 571 ,!l78
S 1.010.082
$ 500
$ 11.657,643
$ 11.658.143
S 130240.104
Se. Certified Public Accountant's Audit Report
The ac;c:ompenying notes lire an Integral part of this finanCial statement.
.
35
A TL D1SASTER RECOVERY
Arbor Tree and Land, Inc
Balance Sheet
As of December 31, 2005
ASSETS
Current Assets
Cash. Note 1
Accounts Receivable. Note 1
Other Current Assets
Costs and estimated earnings in excess of
billings on uncompleted contracts
Total Current Assets
Property & Equipment. Note 1
net of accumulated depreciation of $5,197.655
Other Assets
TOTAL ASSETS
LIABILITIES & EQUITY
Current Liabilities
Accounts Payable
Payroll & Other Accrued liabilities
Current Portion of Lang Term Debt - Nate 2
Billings in excess of casts and estimated
earnings an uncompleted contracts
Total Current Liabilities
Long Term Oebl. net of current portion. Nate 2
Equity
Cammon Stack
Retained Earnings
Total Equity
TOT AL LIABILITIES & EQUITY
$ 2.907.567
$ 3.235.143
$ 58.877
$ 835.873
S 7.037.460
$ 4,417.405
S 50.370
S 11,505.235
S 191.339
S 187.302
S 734,943
s 0
S 1.113.584
S 1,593.475
$ 500
$ 8.797.676
$ 8.798.176
S 11.505.235
See Certified Public Accountant's Audit Report
The accompanying nates are an integral part of this financial statement.
36
ATL DISASTER RECOVERY
Arbor Tree and Land, Inc
Statement of Income and Retained Earnings
For the Year Ended December 31, 2005
Contract Revenues $ 18,158,993 100.00%
Contract Costs 8,591,414 47.31%
GROSS PROFIT 9,567,579 52.69%
General & Administrative Expenses 2,440,938 13.44%
Income from Operations 7,126,641 39.25%
Retained Earnings December 31, 2004 2,444.588
Dividends paid in 2005 (773.553)
Retained Earnings December 31, 2005 $ 8,797.676
See Certified Public Accountant's Audit Report
The accompanying notes are an integral part of this financial statement.
37
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Pk';hl: b~ dch i:-<.:d I hm \\l' d IT 1111..' ~lm...t y olmJ agel1b fll!" thc alxl\ <.: rL'kn:nL'cd i:ol1lpany. As
>;lIeh. \\ \.' h~l\ c enjoyed ~1l1 c\cclk'nl relali()n~hip \\ ilh this firm as they h;l\L' I.'ilmpklcd all
\.'llIHr-.il.'llli11 obligaliol1s In an aCCl'ptahk fashion and ha\c taken clrl..' ut" all pay i.\hli~atiilns III a
timl.'ly manner.
\\1.' l1a\ c 1.'~I.lhLslh:d ,.1 limo 01' t.:rL.'dl! It.l! .\rhur l"rL.'c & 1~lI1d Inc in the ;Jl1llHHH o! \:'.(1(1( i.llOIl 00
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The ProSure Group, Inc.
[)a\ld B Shick
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Due u. (56') 655-5500 THIS CERTIFICATE IS ISSUED.l.S A MATTER OF INFORMATION
tIs r"~'qo Insurance Servien Southeaal. Ine. ONLY AND CONFERS NO RIGHTS UPON THE CERTlfICA.TE
c Flagler Drtve. Suite 600 HOLDER. THIS CERTIFICATE DOES NOT A.MEND, EXTEND OR
~ ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW.
~t . Beach, FL 33401.5914 \ N....'C.
INSURERS AFFORDING COVERAGE
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p. O. Box. 1381 ',,~v'E' , Chubb & Son
Boynton Beach, FL :l:l~25 . . -- I
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M"'Y PERT ....IN. THE INSuAA"'CE .tHOll,DED B'I" TP"IE PO\.ICIES DESCRleECI HEREIN IS SUBJECT TO ALL THE 'TERMS. DCLUSIONS AND CO,"DI;IONS OF SUCH
POUCIES. A.GGREC;...,. E LIMIT S SnOWN MAY" H.tVE BEEN REDUCED BY" PAID CL.;.IMS.
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EXHIBIT "A"
AGREEMENT BETWEEN CITY OF PORT ST. LUCIE AND ARBOR TREE & LAND, INe.
D/B/A ATL DISASTER RECOVERY
CITY OF PORT SAINT Ll1CIE
CONTRACT FORM
This CONTRACT, executed this day of ,2007, by and between the
CITY OF PORT ST. LUCIE, FLORIDA, a municipal corporation, duly organized under the laws of the State of
Florida, hereinafter called "City" party of the first part, and ARBOR TREE & LAND, INC. DIB! A A TL
DISASTER RECOVERY - The Primary Contractor, PO Box 1387, Boynton Beach, Florida 33425/5796
Western Way, Lake Worth, Florida 33463, Telephone No. (561), 965-2198 Fax No. (561) 561-965-9777,
hereinafter called "Contractor", party of the second part.
RECIT ALS
In consideration of the below agreements and covenants set forth herein, the parties agree as follows:
CONTRACT SUPERVISOR
As used herein the Contract supervisor shall mean Larry Nadeau, Public Works Department, at (772)
871-5104, or his designee.
SECTION I
DESCRIPTION OF SERVICES TO BE PROVIDED
The specific work that the Contractor has agreed to perform pursuant to the Bid Specifications
#20070060 Emergency Debris Collection & Removal Services, are hereby incorporated by this reference.
SECTION II
TIME OF PERFORMANCE
Contract period shall commence on September 1, 2007 and terminate twenty-four (24) months thereafter
on August 31,2009. In the event all work required in the bid specifications has not been completed by the
specified date, the Contractor agrees to provide work as authorized by the Contract Supervisor until all work
specified in the bid specifications has been rendered.
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COMPENSATION
The total 8.mOlmt to b(' pRicl by thl': City to the Contractor is on a unit price basis in accordance with
"Schedule A" Fee Schedule, which is attached hereto and incorporated by reference as part ofthis Contract.
Payments will be made within thirty (30) days of receipt of Contractor's invoice provided the Contract
Supervisor approves invoice as provided in Section XI.
A 5% Retainage will be held on each pay application until the end of the project. The 5% Retainage will
be released by the City to the Contractor within 30 days after the City's fmal acceptance of the project,
including ticket reconciliation.
The Contractor shall not be paid additional compensation for any loss, or damage, arising out of the
nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulties
encountered in the performance of the work, or for any expenses incurred by or in consequence of the
suspension or discontinuance of the work.
Page 1 of 13
Contract #20070060
'Invoices for services shall be submitted once a month, by the 10th ofthe month, and payments shall be
made within thirty (30) days unless contractor has chosen to take advantage of the Purchasing Card Program,
which guarantees payment within several days. Payments shall be made provided the submitted invoice is
l>f"'companied by adequate supporting documentation and approved by Contract Supervisor as provided in
,tion XI.
No payment for projects involving improvements to real property shall be due until Contractor delivers
to the City a complete release of all claims arising out of the contract or receipts in full in lieu thereof, an
affidavit on his personal knowledge that the releases and receipts include labor and materials for which a lien
could be filed and complete releases ofliens from all sub-contractors used.
All invoices and correspondence relative to this contract must contain the Purchase Order number and
contract number.
SECTION IV
CONFORMANCE WITH BID
It is understood that the materials and/or work required herein are in accordance with the bid made by the
Contractor pursuant to the Invitation to Bid and the Specifications on file in the Office of Management and
Budget of the City. All documents submitted by the Contractor in relation to said proposal, and all documents
promulgated by the City for inviting proposals are, by reference, made a part hereof as if set forth herein in full.
SECTION V
INDEMNIFICATION/INSURANCE
The Contractor shall indemnify and hold hannless the City, and its Officers and their employees, from
bilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional/Contractor
and all persons employed or utilized by the Contractor in the performance of the Contract. As consideration for
tIns indemnity provision the Contractor shall be paid the sum of$lO.OO (ten dollars), which will be added to the
Contract price and paid prior to commencement of work.
The Contractor shall, on a primary basis and at its sole expense, agree to maintain in full force and effect
,...1- ,...11 "'~.-.n,.. ~,,"":......n- +1'00 l~+o ^++1.,~C" r'".,.,f.rol)"t ~""('I'l""'~T'l""'A f"A"r,o.'t'"t;an,o l1rr1;tc .;n,..l11t1;no Pf1"()-r~Pl1"1pntc;:;: ~c:: npQrnnpn
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herein. TIle requirements contained herein, as well as City's review or acceptance of insurance maintained by
Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations
a~~llmeci hy (:ontractor under the Contract.
The Contractor shall agree to maintain Workers' Compensation Insurance & Employers' Liability in
accordance with Chapter 440, Florida Statutes.
Contractor shall agree to maintain Business Automobile Liability at a limit ofliability not less than
$500,000 each occurrence for any auto, owned, non-owned and hired automobiles. In the event the Contractor
does not own any automobiles the Business Auto Liability requirement shall be amended allowing Contractor to
agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way
of endorsement to the Commercial General Liability, or separate Business Auto Coverage form.
Commercial General Liability for public liability during the lifetime of this Contract shall have minimum
nits of $1 ,000,000 per claim, $2,000,000 per occurrence for Personal Injury, Bodily Injury, and Property
Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products
and/or Complete Operations, Contractual Liability and Broad Form Property Damage Endorsements. Coverage
Page 2 of 13 Contract #20070060
shall not contain an exclusion or limitation endorsement for Contractual Liability or Cross Liability. Coverage
for the hazards of explosion, collapse and underground property damage (XCU) must also be included when
applicable to the work to be performed. All insurance policies shall be issued from a company or companies
duly licensed by the State of Florida. All policies shall be on an occurrence-made basis; the City shall not
accept claims-made policies. Specific endorsements will be requested depending upon the type and scope of
work to be performed.
Except as to Workers' Compensation and Employers' Liability, said Certificate(s) and policies shall
clearly state that coverage required by the Contract has been endorsed to include the City of Port St. Lucie, a
political subdivision of the State of Florida, its officers, agents and employees as Additional Insured with a CG
2026-Designated Person or Organization endorsement, or similar endorsement, to its Commercial General
Liability. The name for the Additional Insured endorsement issued by the insurer shall read "City of Port St.
Lucie, political subdivision of the State of Florida, its officers, employees and agents, and Contract #20070060.
The Certificate oflnsurance and policy shall unequivocally provide thirty- (30) days written notice to the City
prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. Said liability insurance must
be acceptable by and approved by the City as to form and types of coverage. In the event that the statutory
liability of the City is amended during the term of this Contract to exceed the above limits, the Contractor shall
be required, upon thirty - (30) days written notice by the City, to provide coverage at least equal to the amended
statutory limit ofliability ofthe City.
Contractor shall agree by entering into this Contract to a Waiver of Subrogation for each required policy.
"When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss
Contract to waive subrogation without an endorsement then Contractor shall agree to notify the insurer and
request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the
policy specifically prohibits such an endorsement, or voids coverage should Contractor enter into such an
Contract on a pre-loss basis.
It shall be the responsibility of the Contractor to ensure that all subcontractors comply with the same
insurance requirements referenced above.
All deductible amounts shall be paid for and be the responsibility of the Contractor for any and all claims
under this Contract.
Contractor may satisfy the minimum limits required above for either Commercial General Liability,
Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella
or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either
Commercial General Liability, Business Auto Liability, or Employer's Liability. Vlhen required by the insurer,
or when Umbrella or Excess Liability is written on 'Non-Follow Fonn," the City shall be endorsed as an
"Additional Insured. "
The City, by and through its Risk Management Department, reserves the right, but not the obligation, to
review and reject any insurer providing coverage.
Performance and Payment Bonds
The Contractor shall furnish an acceptable Performance and Payment Bond complying with the statutory
requirements set forth in Chapter 255.05, Law of Florida, in the amount of $1 ,000,000.00. The City will execute
the Contract, it is agreed and understood that the City will not be bound by the Contract unless and until it has
been duly authorized by the City Council and has been executed by the City Manager. A fully authorized
Page 3 of 13
Contract #20070060
SuretY'llicensed by the State of Florida shall execute the Performance and Payment Bond. The Performance
and Payment Bond shall remain in effect for the full term of the Contract including all renewal options.
The failure on the part of the Contractor to execute the Contract and/or punctually deliver the required
'urance Certificates anp other documentation' will be cause for the annulment of the award.
SECTION VI
PROHIBITION AGAINST FILING OR MAINTAINING LIENS AND SUITS
Subject to the laws of the State of Florida and ofthe United States, neither Contractor nor any
Subcontractor, supplier of materials, laborer or other person shall file or maintain any lien for labor or materials
delivered in the performance of this Contract against the City. The right to maintain such lien for any or all of
the above parties is hereby expressly waived.
SECTION VII
WORK CHANGES
The City reserves the right to order work changes in the nature of additions, deletions or modifications
without invalidating the Contract, and agrees to make corresponding adjustments in the Contract price and time
for completion. Any and all changes must be authorized by a written change order signed by the Director of
OMB or his designee as representing the City. Work shall be changed and the Contract price and completion
time shall be modified only as set out in the written change order. Any adjustment in the Contract price
resulting in a credit or a charge to the City shall be determined by mutual agreement of the parties.
SECTION VIII
COMPLIANCE '''ITHLAWS
The Contractor shall give all notices required by and shall otherwise comply with all applicable laws,
ordinances and codes and shall, at his own expense, secure and pay the fees and charges for all permits required
for the performance of the Contract. All materials furnished and work done are to comply with all local, state
and federal laws and regulations.
SECTION IX
CLEA...NING UP
Contractor shall, during the performance of this Contract, remove and properly dispose of resulting dirt
and debris, and keep the work area reasonably clear. On completion of the work. Contractor shall remove all
Contractors' equipment and all excess materials, and put the work area in a neat, clean and sanitary condition.
SECTION X
NOTICE OF PERFORMANCE
When required materials have been delivered and required work performed Contractor shall submit a
request for inspection in writing to the Contract Supervisor.
SECTION XI
INSPECTION AND CORRECTION OF DEFECTS
In order to determine whether the required material has been delivered or the required work performed in
accordance with the terms and conditions of the Contract documents, the Contract Supervisor shall make
Page 4 of 13 Contract #20070060
inspection as soon as practicable after receipt from the Contractor of a Notice ofPerfonnance or delivery ticket.
If such inspection shows that the required material has been delivered and required work performed in
accordance with terms and conditions of the Contract documents and that the material and work is entirely
satisfactory, the Contract Supervisor shall approve the invoice when it is received. Thereafter the Contractor
shall be entitled to payment, as described in Section Ill. If, on such inspection the Contract Supervisor is not
satisfied, he shall as promptly as practicable inform the parties hereto of the specific respects in which his
findings are not favorable. Contractor shall then be afforded an opportunity if desired by him, to correct the
deficiencies so pointed out at no additional charge to the City, and otherwise on terms and conditions specified
by the Contract Supervisor. Such examination, inspection, or tests made by the Contract Supervisor, shall not
relieve Contractor of its responsibility to remedy any deviation, deficiency, or defect.
SECTION XII
ADDITIONAL REQUIREMENTS
In the event of any conflict between the terms and conditions, appearing on any purchase order issued
relative to this Contract, and those contained in this Contract and the Specifications herein referenced, the terms
ofthis Contract and Specifications herein referenced shall rule. Ifthere is a conflict between the Contract and
specifications, the Contract will rule.
SECTION XIII
LICENSING
Contractor warrants that he possesses all licenses and certificates necessary to perform required work and
is not in violation of any laws. Contractor warrants that his license and certificates are current and will be
maintained throughout the duration of the Contract.
SECTION XIV
SAFETY PRECAUTIONS
Precaution shall be exercised at all times for the protection of persons, including employees, and
property. The safety provisions of all applicable laws and building and construction codes shall be observed.
SECTION Arv
ASSIGNMENT
Contractor shall not delegate, assign or subcontract any part of the work under this Contract or assign
any monies due him hereunder without first obtaining the written consent of the City.
SECTION XVI
TERMINATION, DELAYS AND LIQUIDATED DAMAGES
A. Tennination of Contract. If the Contractorrefuses or fails to deliver material as required and/or
prosecute the work with such diligence as will insure its completion within the time specified in this Contract,
or as modified as provided in this Contract or as extended pursuant to section XX of this Contract, the City by
written notice to the Contractor, may terminate Contractor's rights to proceed. Upon such termination, the City
may take over the work and prosecute the same to completion, by Contract or otherwise, and the Contractor and
his sureties shall be liable to the City for any additional cost incurred by it in its completion of the work. The
City may also in event oftermination obtain undelivered materials, by Contract or otherwise, and the Contractor
and his sureties shall be liable to the City for any additional cost incurred for such material. Contractor and his
sureties shall also be liable to the City for liquidated damages for any delay in the completion ofthe work as
provided below. If the Contractor's right to proceed is so terminated, the City may take possession of and
Page 5 of 13 Contract #20070060
u1:ilize,in completing the work such materials, tools, equipment and facilities as may be on the site of the work
and necessary therefore.
B. Liquidated Damages for Delays. Ifmaterial is not provided or work is not completed within the time
pulated in this Contract, including any extensions of time for excusable delays as herein provided, (it being
.mpossible to determine the actual damages occasioned by the delay) the Contractor shall provide to the City
one thousand dollars ($1,000.00) as fixed, agreed and liquidated damages for each calendar day of delay until
the work is completed. The Contractor and his sureties shall be jointly and severally liable to the City for the
amount thereof.
C. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the
Contractor be charged with liquidated damages for any delays in the completion of the work or delivery of
materials due to: (1) any acts of the Federal Government, including controls or restrictions or requisitioning of
materials, equipment, tools or labor by reason of war, national defense or any other national emergency, (2) any
adverse acts of the City, (3) causes not reasonably foreseeable by the parties at the time of the execution of the
Contract that are beyond the control and without the fault or negligence of the Contractor, including but not
restricted to, acts of God, acts of the public enemy, acts of another Contractor in the performance of some other
Contract with the City, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes and weather
of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions, and (4) any
delay of any Subcontractor occasioned by any of the above mentioned causes. However, the Contractor must
promptly notify the City in writing within two (2) days ofthe cause of delay. If, on the basis of the facts and the
terms ofthis Contract, the delay is properly excusable the City shall extend the time for completing the work for
a period of time commensurate with the period of excusable delay.
D. The City may terminate this Contract with or without cause by giving the vendor/Contractor thirty (30)
days notice in writing. Upon delivery of said notice and upon expiration of the thirty (30) day period, the
ndor/Contractor shall discontinue all services in connection with the performance of this Contract and shall
l"'toceed to cancel promptly all related existing third party Contracts. Termination of the Contract by the City
pursuant to this paragraph shall terminate all of the City's obligations hereunder and no charges, penalties or
other costs shall be due Contractor except for work timely completed.
SECTION }"'VII
LAW _~l\TD VENUE
This Contract is to be construed as though made in and to be performed in the State of Florida and is to
be governed by the laws of Florida in all respects without reference to the laws of any other state or nation. Th~
venue of any action taken to enforce this Contract shall be in St. Lucie County, Florida.
SECTION },.'VIII
REIMBURSEMENT FOR INSPECTION
The Contractor agrees to reimburse the City for any expenditures incurred by the City in the process of
testing materials supplied by the Contractor against the specifications under which said materials were
procured, if said materials prove to be defective, improperly applied, and/or in other manners not in compliance
with specifications. Expenditures as defined herein shall include, but not be limited to, the replacement value of
materials destroyed in testing, the cost paid by the City to testing laboratories and other entities utilized to
orovide tests, and the value oflabor and materials expended by the City in the process of conducting the testing.
imbursement of charges as specified herein shall not relieve the Contractor from other remedies provided in
_..c Contract.
Page 6 of 13
Contract #20070060
SECTION XIX
APPROPRIATION APPROVAL
The Contractor ackno\v1edges that the City of Port Saint Lucie's performance and obligation to pay
under this Contract is contingent upon an annual appropriation by the City Council. The Contractor agrees that,
in the event such appropriation is not forthcoming, the City may terminate this Contract and that no charges,
penalties or other costs shall be assessed.
SECTION XX
RENE\\'AL OPTION
In the event Contractor offers in writing, prior to the termination of this Contract, to provide the
identical services required in this Contract for the identical period of time in the subsequent calendar period for
a total charge that is acceptable, and the City agrees that said services are required, then the City, without
additional bidding or negotiation, may, with the mutual agreement of the Contractor, extend this Contract for
two (2) additional twenty-four (24) month periods.
NOTE: Contractor mal' exercise the option tn renew br submittin!! a written submission three (3) months
orior tn the termination of the Contract veriod.
SECTIONXXI
ENTIRE CONTR.t\CT
The written terms and provisions of this Contract shall supersede all prior verbal statements of any
official or other representative of the City. Such statements shall not be effective or be construed as entering
into, or forming a part of, or altering in any manner whatsoever, this Contract or Contract documents.
BALANCE OF P AGE INTENTIONALLY LEFT BLANK
Page 7 of 13
Contract #20070060
IN WITNESS WHEREOF, the parties have executed this Contract at Port St. Lucie, Florida, the day and
year first above written.
CITY OF PORT ST. LUCIE FLORIDA
By:
City Manager
ATTEST:
By:
City Clerk
By: ~)~~
Authorized Representative of Arbor Tree & Land, Inc. D/B/A A TL Disaster Recovery
State of: (- c.,:) I"t.. , Q,~ -
County of:
() ,/0;, L.-Iv\ n I=- 1'..- L ,-/-
Before me personally appeared:
W \ 0-- l^ r-',V, rt (; n L...{ -:;- s .
(please print)
)
Please check one:
Personally known
/
Produced Identification:
(type of identification)
Identification No.
and known to me to be the person described in and who executed the foregoing instrument, and acknowledged
to and before me that ~" e, executed said instrument for the purposes therein expressed.
(he/she)
WITNESS my hand and,
~ /<.
Notary \Signature
1--.) day of
A...; ,..Ai 7 r- , 2007.
Notary Public-State of ~t.-{)tl.. i 1),'\ ~
at Large.
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Page 8 of 13
Contract #20070060
"SCHEDULE A"
Item
No
Description
~~.::i"~~]l;~\.~~';,i,~: ,}~::.
l~'i.;,;;~:<,;':';.,:,'i;~'
DEBRIS REMOVAL (LOAD & HAUL)
Removal of Vegetative Debris from assigned load site to
TDSR including sorting, hauling, etc. Debris includes tree,
limb and stump removal & disposal.
Mileage Radius: 0 - 15 miles
b. Mileage Radius: 16 - 30 miles
c. Mileage Radius: 31 - 60 miles
Removal of All Qualified Debris from assigned load
site to the final disposal site. The removal shall
include handling, loading and hauling excluding
tipping fees.
d. Mileage Radius: 0 - 15 miles
e. Mileage Radius: 16 - 30 miles
f. Mileage Radius: 31 - 60 miles
Removal of Construction & Demolition Debris and White
Metal Debris from assigned load site to TDSR or other
approved disposal site including sorting, loading, hauling,
etc.
a. Mileage Radius: 0 - 15 miles
b. Mileage Radius: 16 - 30 miles
c. Mileage Radius: 31 - 60 miles
Removal of Hazardous Waste Debris from Curbside at
assigned load site to TDSR including, sorting, hauling,
etc.
a. Mileage Radius:
b. Mileage Radius:
c. Mileage Radius:
6.1
a.
Cu. Yd.
Cu. Yd.
Cu. Yd.
$10.65
$12.65
$14.65
6.2
Per Ton
Per Ton
Per Ton
Cu. Yd.
Cu. Yd.
Cu. Yd.
$42.60
$50.60
$58.60
$11.00
$13.00
$15.00
6.3
o - 15m i1es
16 - 30 miles
31 - 60 miles
-Cu. Yd.
Cu. Yd.
Cu. Yd.
$20.00
$22.00
$24.00
6.4 Removal of Silt & Sand Deposits from assigned load site
to TDSR including sorting, loading, hauling, etc.
a. Mileage Radius: 0 - 15 miles
b. iviHeage Radius: 1 G - 30 iniles
c. Mileage Radius: 31 - 60 miles
Spoiled Food & Non-Hazardous Waste Removal and
Disposal - The removal shall include sorting, hauling,
loading, handling, staging and hauling to the final disposal
site.
Hazardous Waste Debris Removal From Structures-
Search safely accessible residential structures, including
garages and detached outbuildings for hazardous waste
debris for removal. At a minimum the removal shall
include, sorting, handling, loading, staging and placing the
debris on public ROW for removal and disposal by other
pay items in the proposal.
6.5
6.6
Page 9 of 13
Cu. Yd.
0" \/...J
vu. I U.
Cu. Yd.
Ton
Sq. Ft. of Floor
Space
$20.00
(!''">'"> f"\f"\
\,jJ"-L-.vv
$24.00
$160.00
$1.00
Contract #20070060
6.12
6.14
6.15
6.7
Private and Public Property Demolition and Debris
Removal - The Contractor shall operate beyond the
Public Right of Way (ROW) only as identified and directed
by the City. Operations beyond the ROW on private
property shall be only as necessary to abate imminent
and significant threats to public health and safety of the
community and shall include, but is not limited to, the
demolition of structures and the sorting, loading, and
hauling of the debris to an approved TDSR site.
Removal of Unsafe Debris from Within Private or Public
Structures - The Contractor shall operate within public or
private structures only as identified and directed by the
City. Operations beyond the ROW on private property
shall be only as necessary to abate imminent and
significant threats to public health and safety of the
community and shall include, but is not limited to,
removing, sorting, loading, and placing the debris on
public ROW for removal and disposal by other pay items
in the proposal.
Site Development Proposal - Prepare a detailed proposal
for the Site Development based on Contract unit prices at
the time of disaster for selected site(s).
Optional Proposals:
Cu. Yd.
$12.00
6.8
6.8a
6.9
6.10
6.11
River and Canal Shore Line Restoration
River and Canal Debris Removal
Sunken Vessel Removal
Storm Drain Vacuum Services - Manholes / Vaults /
Structures
Storm Drain Vacuum Services - Grate cleaning manually
(by hand)
Storm Drain Inspection Services - Manholes or Grates
pulled but not cleaned
Storm drain vacuum services - Grate cleaning
mechanically
Sq. Ft. of Floor
Space $1.00
A separate Notice to Proceed
will be issued for the Site
Development
Provide Detailed Proposal
Provide Detailed Proposal
Provide Detailed Proposal
Each $175.00
Each $100.00
Each $75.00
Each $100.00
7.2
7.3
3.13
TDSR SITE MANAGEMENT
Management, Processing, Reducing and Loadinq of all
debris and/or residue at the TDSR sites: including;
management, maintenance and operation of the TDSR
sites; the receiving, sorting, segregation, processing and
reduction debris. loading (as described in other sections
of this contract and directed by the City)
Final haul out of processed and/or reduced debris from
the TDSR site to an approved disposal site inClusive of all
tipping fees.
a. Mileage Radius: 0 - 15 miles
b. Mileage Radius: 16 - 30 miles
c. Mileage Radius: 31 - 60 miles
d. Mileage Radius: 61 - 90 miles
Final haul out of processed and/or reduced debris from
the TDSR site to an approved disposal site inclusive of all
tipping fees.
a. Mileage Radius:
b. Mileage Radius:
c. Mileage Radius:
d. Mileage Radius:
7.1
0-15 miles
16 - 30 miles
31 - 60 miles
61 - 90 miles
Page 1 0 of 13
Cu. Yd.
Cu. Yd.
Cu. Yd.
Cu. Yd.
Cu. Yd.
$5.00
$6.50
$7.50
$8.00
Per Ton
Per Ton
Per Ton
Per Ton
$15.50
$19.50
$22.50
$24.00
Contract #20070060
Freon Recovery - The Contractor shall remove, recover
and properly dispose of Freon from any White Metal
Debris, such as refrigerators, freezers or air conditioners,
at curbside or a TDSR site or final disposal site in
7.4 accordance with all federal, state and local rules,
regulations and laws. The Contractor shall load and haul
all White Metal Debris to a TDSR site or final disposal
site. The Contractor must have all required license and
to work.
OTHER DISASTER RELATED SERVICES
8.0 Heavy Equipment with Size or Type
Skid Steer Loader I Bobcat or Equal
Backhoe I Cat 416 or Equal
Wheel Loaders I Cat 950 or Equal
Wheel Loaders I Cat 966 or Equal
Wheel Loaders I Cat 980 or Equal
Tracked Loader I Cat 955 or Equal
Towed Loader wi Tractor I Prentice 210 or Equal
Self Loading Knuckle boom Truck I 25-35 CY Body or
Equal
Self Loading Knuckle boom Truck I 35-45 Cy or Equal
Dozer I Cat D4 or Equal
Dozer I Cat 05 or Equal
Dozer I Cat 06 or Equal
Dozer I Cat D7 or Equal
Dozer I Cat D8 or Equal
Excavators I Cat 320 or Equal
Excavators I Cat 325 or Equal
Excavators I Cat 330 or Equal
Tractor wi Box Blade I 80 Hp or Equal
Motor Grader I Cat 120G or Equal
Crane I 30 Ton or Equal
Bucket Truck I Up to 50ft. Reach or Equal
Bucket Truck 150ft. To 75ft. or Equal
Trash Transfer Trailer wi Tractor I 110 Yd. or Equal
Mechanized Broom I Street Sweeper
Water Truck I LOOD gal. or Equal
Stump Grinder I Vermeer 252 or Equal
Chipper w/2 man crew I Morbark Storm or Equal
12 foot Tllh Grinder! Morbark 1200 or Equa!
13 foot Tub Grinder I Morbark 1300 or Equal
14 foot Tub Grinder I Diamond Z 1463 or Equal
Equipment Transport I 50-ton Capacity or Equal
Truck Mounted Winch I Tow Truck or Equal
Haul Vehicles (operators included)
Dump Truck I 10 to 15 CY
Dump Truck I 16 to 20 CY
Trailer Dump wi Tractor I 30 to 40 CY
Trailer Dump wi Tractor I 41 to 50 CY
Trailer Dump wi Tractor 151 to 60 CY
Trailer Dump wi Tractor 161 to 70 CY
Walking Floor Trailer wi Tractor I 100 CY
Transportation Vehicles
Pickup Truck I 1/2-ton
Page 11 of 13
Hour $75.00
Hour $100.00
Hour $130.00
Hour $140.00
Hour $160.00
Hour $160.00
Hour $150.00
Hour
$140.00
Hour $160.00
Hour $80.00
Hour $120.00
Hour $150.00
Hour $160.00
Hour $170.00
Hour $130.00
Hour $140.00
Hour $160.00
Hour $70.00
Hour $100.00
Hour $130.00
Hour $95.00
Hour $125.00
Hour $125.00
Hour $55.00
Hour $60.00
Hour $200.00
Hour $200.00
Hour- tt'''l-rr- n,-..,
",v'v.uu
Hour $425.00
Hour $525.00
Hour $150.00
Hour
$45.00
$63.00
$72.00
$90.00
$92.00
$110.00
30.00
Day $200.00
Contract #20070060
Pickup Truck 13/4-ton
Pickup Truck 11-ton
Box Truck 13/4-ton
Utility Van 13/4-ton
Passenger Van I 9 Passenger
Passenger Car I Full Size
Personnel
Superintendent wI Pickup Truck
Supervisor wI Pickup Truck
Safety or QC Manager wI Pickup Truck
Mechanic wI Truck and Tools
Climber wI Gear
Operator wI Chain saw
Laborer wI Tools
Traffic Control Personnel
Ticket Writers
Clerical
Administrative Assistant
i~~ Generators
~t~t:.clt;
25 kW or equal
56 kW or equal
100 kW or equal
175 kW or equal
320 kW or equal
500 kW or equal
800 kW or equal
Marine Resources
56' Shallow Draft Landing Craft wI Crane or equal I
Crew of 2
33' Fast Barge wI Winch or equal I Crew of 2
14' Utility Boat wI Motor or equal I Crew of 1
Tank Diver wI Gear I Individual
Hardhat Diver wI Gear I Individual
Scuba Bottle Refill (air) I 80
Air Pump wI Multi Breathing Lines I Brownie Lung or
Equal
Misc. Equipment & Services
Bagged Ice I 50
Bagged Ice 1100
Bottled Water I Palletized Truck Load
Bulk Water I Tanker
Water Tanker for Bulk Water I Tanker
Temporary Satellite Communications I Portable
Telephones
Portable Toilets I Single
Mobile Kitchen & Shower Unit I Single
Beach Restoration
Temporary Housing
Light Tower wI Generator
Office Trailer I 40 ft.
Storage Container I 40 ft.
First Aid Station I OSHA Spec.
Observation Tower I USACE Spec.
Vacuum Truck
Page 12 of 13
Pump 6"
6" Discharge Line
Pump 12"
12" Discharge Line
Backfill Material
Other Collections
White Goods Collection & Stockpile
Furniture, Mattresses, etc. collection, storage disposal
Hazardous Waste, collection, storage, disposal
Removal of debris from Sand on Beaches
Page 13 of 13
Day
Foot/Day
Day
Foot/Day
Cu Yd
$400.00
$10.00
$2,000.00
$25.00
5.00
Cu Yd
Cu Yd
Cu Yd
Cu Yd
$18.00
$18.00
$22.00
$11.00
Contract #20070060
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PORT ST. LUCIE CITY COUNCIL
AGENDA ITEM REQUEST
,ting Date: August 13, 2007
Public Hearing _ Ordinance
Resolution
Motion ...x
Legal Ad Dates: 03/27/2007 & 04/03/2007
Newspaper: The Tribune
Item: Bid #20070060 - Emergency Debris Collection & Removal Services
Recommended Action:
1) Approval of award and Contract Documents to Arbor Tree & Land, Inc. (ATL) as the primary
Contractor and CERES Environmental Services, Inc. as the secondary Contractor for the
Emergency Debris Collection & Removal Service for the per unit price amounts listed on their
Bid Reply Sheets. Contract period will be a twenty-four (24) month period with an option to
renew for two (2) additional twenty-four (24) month periods. The total dollar amounts are
unknown as each disaster is a different magnitude. Purchase Orders or Visa Authorizations will
be issued as needed.
Exhibits: Department memo attached [X] yes [ ] no
Copies of the Bid, Bid Tabulation Report and all Proposals
..nmary Explanation/Background Information: The City issued a Sealed Bid to all Contractors in March of
2007 for the Emergency Debris Collection & Removal Services. The current Contract with AshBritt, Inc. has
expired and the Contract with Grubbs Emergency Services, LLC will be terminated. Neither of these contracts
were actually bid by the City, they were both a piggy-back contract from another entity. FEMA has determined
that the best chance for reimbursement of expenses would be that each entity bid their own Debris contracts.
Eighteen (18) proposals were received on June 12,2007. Public Works reviewed all proposals and narrowed the
field down to seven (7) firms. A meeting was held on July 24, 2007 to further discuss the proposals and the
ultimate goal was to select the two Contractors that would provide the City the best value and expertise needed
before, during and after all disasters.
The Public Works Department would like to recommend the award go to Arbor Tree & Land, Inc. (ATL) as the
primary Contractor and CERES Environmental Services, Inc. as the secondary Contractor.
Purchase is not budgeted. Expenditures will be sent to FEMA and the Insurance Companies for reimbursement.
Expenditure: $ Unknown - Purchase Orders or Visa Authorizations will be issued as needed
Page I of2
Department requests expenditure from the following:
Fund vanous Various Funds
Cost Center 2500 Emergency Operations
Object Code 534000 Other Contractual Services
Project TBD Each disaster will be issued a project number
Director of OMB concurs with award: _DKP -
City Manager concurs with award:
Department requests _ minutes to make a presentation.
Submitted by: V~FY'~
Title: Public Works Director
Date : J ulv 30. 2007
Page 2 of2
~ :'*'
CITY COUNCIL REGULAR MEETING ACTION AGENDA AUGUST 13, 2007
~~URNPIKE INTERCHANGE PILE DRIVING MONITORING, #20040056,
$16,490.20, FUND 352-4155-5310, ENGINEERING
q) ~HE COLLAGE COMPANIES, INC. , DUMPSTER ENCLOSURE
~ RECONSTRUCTION AND PARK IMPROVEMENTS,. TOTAL CONTRACT TIME IS 60
'\W CALENDAR DAYS, #20070159, FUND 001-7210-5340, $31,446, PARKS AND
*~/ RECREATION .
r) WAIVER OJr BID PER SECTION 35.11 (A) , EMERGENCY, KEITH &.
SCBNARS,. INC., GOPHER TORTOISE PERMITTING AND RELOCATION FOR 1-
('0 95/BECKER ROAD INTERCHANGE, #20070160, FUND 315-4105-5310, $27,129,
'-:I'/ENGINEERING . . . .
s) BANK OF AMERICA, PARTICIPATION AGREEMENT FOR CONTINUED USE
o . OF MERCHANT CARD SERVICES, STATE OF FLORIDA CONTRACT RFP 00/01-07,
~~ #20010051,. NO COST ASSOCIATED WITH THIS AGRE~MENT, OMB .
t) WAIVER OF BID PER SECTION 35,04(C), FOR GOOD CAUSE SHOWN,'
FOR APPROVAL OF HOMES BY KENNEDY II 'LTD. FO~ $57,128.33 AND 'EH
~ BUILDING GROUP FOR $126,257.82, TO' COMPLETE CONSTRUCTION OF
,\J /~IDEWALKS, IRRIGATION, AND LANDSCAPING INPROVEMENTS ADJACENT TO
/HOME~SITES TO AVOID DAMAGE IF WORK WAS DONE BY OTHER CONTRACTOR,
#20070157, FUND 354-4105-5340, EAST LAKE VILLAGE/CRA 2-DO,DISo
. u) ARBOR TREE & 'LAND, INC. (ATL), PRIMARY CONTRACTOR, AND
~E S. ENVIRONMENTAL SERVICES, INC., SECONDARY CONTRACTOR, TO
R IDE EMERGENCY DEBRIS COLLECTION AND REMOVAL SERVICE BEFORE,
DU lNG, AND AFTER DISASTERS, #20070060, PURCHASE ORDERS OR VISA
~~ THORIZATIONS WILL BE ISSUED AS NEEDED, FUND VARIOUS-2500-5340,
, PUBLIC WORKS/EMERGENCY MANAGEMENT
r3
v) TOTAL TEC SYSTEMS, INC., PIGGYBACK STATE CONTRACT #250-000-
03-1 TO PURCHASE A NEW TAPE LIBRARY BACKUP SYSTEM THAT INCLUDES
HARDWARE, SOFTWARE, AND LICENSES, THE REPLACEMENT SYSTEM IS SlZED
FOR PLANNED GROWTH FOR UP TO FIVE YEARS, #20070162, $43,227.16,
FUND 001-1320-5642, MIS DEPT
w) WAIVER OF BID PER SECTION 35.04(C), FOR GOOD' CAUSE SHOWN,
APPROVAL TO ENTER INTO A CONTINUAL CONTRACT WITH KARLIN DANIEL &
~ ASSOC~TES, INC. . FOR AUCTIONEERING SERVICES AS REQUI.RED FOR SURPLUS
Sy. REAL PROPERTY ON AN "AS NEEDED" BASIS, #20070156, OMB
~ACTION: Motion passed unanimously to approve the Consent Agenda.
8. SECOND READING, PUBLIC HEARING OF ORDINANCES
a) ORDINANCE 07-105, AMENDING VARIOUS SECTIONS OF PORT ST.
LUCIE CITY CODE 150, "BUILDING REGULATIONS," TO PROVIDE A NEW
SCHEDULE OF FEES RELATING TO BUILDING CODE ADMINISTRATION AND
ENFORCEMENT, AND TO PROVIDE FOR.A TRIENNIAL REVIEW OF CHAPTER 150;
3
VI.-CONSENT AGENDA
ITEM B.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
[gI September 1, 2009 August 17, 2009 August 12,2009 August 10, 2009
0 September 15, 2009 Awrust 31, 2009 August 26, 2009 August 24, 2009
0 ~~~
0 n.~
0 - 4.~
"':~
~ ("1)""1
0 Announcements/Presentations 0
NATURE OF 0 Administrati ve 0
AGENDA ITEM [gI Consent A enda 0 Le al
0 0 Unfinished Business .r:-
0 Public Hearin 0
RECOMMENDATION: A motion to approve the purchase of 21 sets of Firefighter Personal Protective Gear at
$1,722.50 each, utilizing State Contract #490-000-07-1 through Fisher Scientific of Suwanee, Georgia with the total
purchase price being $36,172.50, to replace old, non-serviceable gear that no longer meets NFP A Standards for
Personal Protective Equipment. The above-cited State Contract complies with all Public Contract Bid requirements
that are equal to or exceeding the City of Boynton Beach requirements.
EXPLANATION: This new gear is required to replace 21 sets of Personal Protective Equipment worn by firefighters
when working in hazardous atmospheres. The purchase of this new gear will meet the current NFP A Standards for
Personal Protective Equipment for Structural Firefighting.
PROGRAM IMP ACT: This purchase will bring the Personal Protective Equipment worn by these firefighters into
compliance with all National Fire Protection Association Standards on Structural Firefighting Gear. The purchase
will ensure that the firefighters will be able to work in the safest possible situations when completing their assigned
tasks in hazardous atmosphere at structure fires.
FISCAL IMP ACT: The purchase will cost $36,172.50 and is included in the current General Fund Budget for FY
08/09. The funds will come from account #001-2210-522-52-23.
ALTERNATIVES: Not approving this purchase would require these 21 firefighters to utilize outdated and non-
mviceable Penonal Proteetlve Eq~~:~ :a, do.. not mee' lbe curren' N~~') _
ent Head's Signature t./ City ~anager's Sign~
ASSIstant to CIty Manager,
Fire Rescue
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
---------------------------------------------------------------------------------
---------------------------------------------------------------------------------
F ISH E R S C I E N T I FIe I
QUO TAT ION I
---------------------------------------------------------------------------------
---------------------------------------------------------------------------------
\
JULY 29, 2009 PAGE: 1 I
I
ACCOUNT NBR: 812938-003 REQUE~TOR: SANDRA HORNE I
QUOTE NBR: 9210-0604-06 PHONE: 8502454040 EXTN: 2065 I
I TERMS: NET 30 DAYS 1 ~OB: DESTINATION I
I DUE DATE: 1 AUTHORIZED BY: CARTER HALL 1
1-------------------------------------------------------------------------------1
I CUST REF NBR Q-BUNKER GEAR I
1-------------------------------------------------------------------------------1
I BOYNTON BEACH FIRE DEPT FISHER SCIENTIFIC CQKPANY LLC I
I WAREHOUSE 3970 JOHNS CREEK COURT 1
I 222 NE 9TH AVE SUITE 500 1
1 SUWANEE GA 30024 I
I BOYNTON BEACH FL 33435 PHONE: (800) 226-4732 I
I FAX: (866) 897-9946 1
1-------------------------------------------------------------------------------1
I I
1 *** PRICES ARE FIRM THRU 08/28/09 *** I
I PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE I
I THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC I
1 SAFETY REP: CARTER HALL I
1-------------------------------------------------------------------------------1
INBRI QTY IUNI CATALOG NBR 1 DESCRIPTION I UNIT PRC I EXTD PRC 1
1_______________________________________________________________________________1
I 1 I I I I 1 1
I 11 1IEAINON-CATALOG IBPR-25G BBFD GLD BRWN TAILS 1 1 1,050.00 I
I 1 I I IOPEN MARKET I I I
1 I 1 IVNDR NBR = 0061647 I I I
I I I IVNDR CAT NBR = FLBOYN00050 I I I
I I I I I I 1
I 21 11EA NON-CATALOG IBPR-25G BBFD GLDN BRWN PANTS 1 I 672.50 1
1 I I I OPEN M.ARKET I 1 1
I I I IVNDR NBR = 0061647 I I I
I 1 I IVNDR CAT NBR= FLBOYN00051 I I 1
I 1 1 1 I 1--------- I
I I 1 IMERCHANDISE TOTAL I 1 1,722.50 1
1 1 1 I I 1 I
I I 1 I I I 1
I I I IPRICING PER STATE OF FLORIDA 1 I I
I 1 I I CONTRACT 490-000-07-1 I 1 1
1 I I 1 I 1 I
1 I 1 I I I I
I I 1 I I 1 I
1 I 1 1 I I 1
I 1 I 1 I I I 1
IWE NOW OFFER HIGHLY COMPETITIVE FINANCING WITH LOW MONTHLY PAYMENTS, PLEASE I
ICONTACT YOUR LOCAL SALES REPRESENTATIVE FOR MORE INFORMATION. 1
1 1
ITELL US ABOUT YOUR RlilC:j:;NT CUSTQl(ER-SERVICE EXPERllill'tCE BY COl(1?l.>E'1'IliG A SHORT 1
I SURVEY. THI S SHOU(J) TAKE NO LONG~ THAN THR'E'E'HINUTES. EN'l'lilR TaB LINK INTO 1
IYOUR BROWSER AND ENTER THE PASSCODE SHOWN. I
Ihttp://survey.medallia.com/fishersci PASSCODE: USA-PGH-CS1 1
1 I
I PART OF THERMO FISHER SCIENTIFIC 1
---------------------------------------------------------------------------------
. ; I
Governor Charlie Crist
Secretary Linda H. South
Office of the Secretary
4050 Esplanade Way
Tallahassee, Florida 32399-0950
DEPARTMENT OF MANAGEMFNT
SERVICES
850.488.2786: TEL
850.922.6149: FAX
http://dms.myflorida . co m
CERTIFICATION OF CONTRACT
TITLE:
Laboratory and Safety Supplies and Equipment
CONTRACT NO.:
490-000-07 -1
ITN NO.:
9-490-000-G
EFFECTIVE:
SUPERSEDES:
490-000-03-1
CONTRACTOR:
Fisher Scientific Company, LLC (A)
AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management, a
contract has been executed between the State of Florida and the designated contractors.
B. EFFECT - This contract was entered into to provide economies in the purchase and lease of laboratory
and safety supplies and equipment by all State of Florida agencies and institutions. Therefore, in
compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made
under the terms, prices, and conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached
ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and
local taxes. All contract purchase orders shall show the State Purchasing contract number, product
number, quantity, description of item, with unit prices extended and purchase order totaled. (This
requirement may be waived when purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the
requirements of this contract on the Complaint to Vendor form, form PUR 7017. Should the vendor fail
to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance,
is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your
information. Any restrictions accepted from the supplier are noted on the ordering instructions.
F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide
your input and recommendations for improvements in the contract to State Purchasing for receipt no
later than 90 days prior to the expiration date of this contract.
490-000-07-1, Laboratory & Safety Supplies & Equipment / Purchasing Bulletin Board /... Page 1 of 1
490-000-07-1, Laboratory &. Safety
Supplies &. Equipment
Posted: 03/21/2007
Edited: 03/21/2007
Message
A new State Term Contract for Laboratory & Safety Supplies &. Equipment,
STC#490-000-07-1, has been awarded to Fisher Scientific Company, LLC.
The new contract will be in effect 5/1/07-4/30/12. Please note that the
previous contract had separate savings tiers for Agencies and Other
Eligible Users. This new contract has one savings discount for all users,
thus increasing the savings available to Other Eligible Users. The average
savings off of MSRP for this contract is 33.50/0. The new contract and price
sheet will be updated on the OMS website on 5/1/07.
08/11/2009
State Purchasing
. Stgte CQ_ntract~_Agreements and Price Lists
. Doing Business with the State of Florida
o Vendor Registration
o Solicitations (Vendor Bid System)
o Purchase History (Statewide Purchasing Subsystem View (SPURSView))
o Purchasing Bulletin Board
o Contact a Purchasing Professional
o Customer Service
. Vendor Information
. MyFlorida MarketPlace
. Documents, Forms, References & Resources
. Florida Emergency Network
. Florida's Public Purchasing Training and Certification
. Customer Service
. Website Feedback
Return to Business Operations
Te(lTIs and Conditions I P(ivacy Statement i Accessibility I Copyright @2009 Depa(tment of
Management Services - State of Florida
http://dms.myflorida.com/business_ operations/state -purchasing/doing_business _with_the _'" 8/11/2009
QUOTATION TERMS AND CONDITIONS
Fisher Scientific Company and/or its Curtin Matheson Scientific division (collectively the "Distributor") will sell to the customer ("Customer") and Customer will
purchase from Distributor the quoted products, sUbject to the following terms and conditions:
PRICES: All prices are quoted F. O. B. shipping point for the indicated firm peribd. Customer shall pay all federal, state, municipal or other sales or use tax or
any other taxes upon the Products or services provided to Customer by Distributor. Distributor reserves the right to make additional charges for special
packaging, shipping and handling required to comply with manufacturers' specification, applicable DOT or other regulations, or to meet Customer requirements.
Distributor expressly disclaims any representation or warranty conceming "most favored customer" pricing which may appear in any Customer's documents In
connection with the sale of any Products by Distributor to Customer.
TERMS: Distributor's standard terms of 30 days net are applicable to all domestic and foreign shipments. Invoices against Products shipped outside the
United States are payable in United States currency. Distributor reserves the right to collect interest at a rate equal to the higher applicable lawful interest rate
on invoiced amounts not paid within thirty (30) days of invoice date, with interest to accrue monthly until full payment is received.
DELIVERY: All shipping dates are approximate. Distributor reserves the right to substilute altemate Products with equivalent specifications for those ordered.
Customer shall have the right to retum any substituted Products at no charge by following Distributor's retum goods policy.
PRODUCT WARRANTY AND INDEMNITY: To the extent possible, Distributor will make available to its Customers the manufacturers' warranties for Products
purchased by Customer, without recourse to Distributor. Distributor warrants to Customer that during the manufactures specified warranty period, Distributor or
manufacturer will, upon prompt notification and compliance with Distributor's instructions, repair or replace, at Distributor's sole option, any Product which is
defective in material or workmanship. No employee, agent or representative of Distributor has the authority to bind Distributor to any oral representation or
warranty conceming any Product sold. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by
a duly authorized officer of Distributor shall not be enforceable by Customer. Distributor makes no warranty and shall have no obligation with respect to
expendable or consumable parts and supplies nor with respect to damage caused by resulting from accident, misuse, neglect, or unauthorized installation,
alterations or repairs to the Products.
DISTRIBUTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS,lMPllED OR STATUTORY,lNClUDING THE WARRANTIES
OF MERCHANTABilITY, AND FITNESS FOR A PARTICULAR PURPOSE. Distributor's sole responsibility and Ihe Customer's exclusive remedy for any
claim arising out of the purchase of any Product is repair or replacement, as described above. In no event shall Distributor's liability exceed the purchase price
paid therefor; nor shall Distributor be liable for any claims, losses or damages of any third party or for lost profits or any special, indirect, incidental,
consequential, or exemplary damages, howsoever arising, even if Distributor has been advised of the possibility of such damages.
Except as otherwise expressly set forth herein, Distributor disclaims any obligation to defend or indemnify Customer, its officers, agents, or employees, from
any losses, damages, liabilities, costs or expenses which may arise out of Distributor's acts or omissions or the sale or use of the Products provided to
Customer by Distributor.
RETURN GOODS POLICY: Products described in Distributor's policy may be retumed to Distributor within 30 days for replacement or adjustment. To assure
prompt handling, Customer must obtain a retum goods authorization number from Distributor and reference this number on retum shipping documents. Retums
made without the authorization number will be retumed to the Customer, freight collect. Distributor reserves the right to reserve any credit issued to Customer:
(I) for any Product not retumed after authorization and requeshby Dlst.ributon,.ot (ii) if, upon retum, such Product is determined by Distributor not to be
defective. Copies of Distributor's policy are available upon request, '
FREIGHT CLAIM POLICY; Even with the greatest of care, occasional damages or shortages are unavoidable. Upon receipt of a shipment from Distributor,
Customer shall unpack and inspect it for damage and shortage. Customer shall not accept a damaged or short shipment untillhe delivering carrier's driver has
made a "damage" or "shortage" notation on Customer's copy and the carrier's copy of the freight bill. Customer must notify the carrier immediately.
If damages are noted. Customer should immediately request the carrier to make an inspection. Concealed damage must be reported to the carrier within 15
days of delivery, All shipping containers and packing materials must be retained by Customer for the inspection. Salvage must be held for carrier's disposition.
MEDICARElMEDICAID REPORTING REQUIREMENTS: The prices shown on this quotation are net of discounts provided at the time of purchase. Some
Products may be SUbject to additional discounts agreed upon between the parties. By accepting such Products, customer agrees to comply with such reporting
requirements as may be imposed on It under federal Medicare and Medicaid programs and state health care programs. 42 CFR Section 100 1 952 (N).
SOFTWARE: If the Products include computer programs ("Software"), the "sale" of such Software shall not constitute a sale or transfer of proprietary rights in
or to the Software but rather shall only constitute the right and license to use the Software in accordance with applicable specifications, instructions and license
terms and conditions of the licensor.
PATENTS: If notified promptly in writing of any action or claim against Customer, that Customer's purchase or use of the Product infringes a United States
patent. Distributor will defend such action at its expense and will pay the costs and damages awarded in any such actions, provided Distributor shall have sole
control of the defense of the action and all negotiations for its settlement or compromise. Distributor shall not have any liability to Customer if the infringement
or claim thereof is based on (I) the use or sale of the Product in combination with other products or devices which are not fumished in combination by
Distributor or (ii) the fumishing to Customer of any information, service or applications assistance. In no event shall Distributor's total liability to Customer under
this provision exceed the amount paid by Customer to Distributor for the Product alleged to infringe. The foregoing states the entire liability of Distributor to
Customer with respect to infringement of patents by the Products, any parts thereof or their operation.
FORCE MAJEURE: The performance by Distributor of any covenant or obligation on its part to be performed under any agreement with Customer shall be
excused by floods, strikes, or other labor disturbances, riots, fires, accidents, wars, embargoes, delays of carriers, failure of power, or regular sources of
supply, acts, injunctions, or restraints of govemment, or any other cause preventing such performance, beyond Distributor's reasonable control.
LIMITATION OF ACTIONS: Any cause of action for breach of warranty must be brought by the Customer, if at all, within one (1) year from the date the cause
of action accrued. Any discrepancy in Distributor's pricing or other charges shall be deemed waived by Customer unless Customer notifies Distributor thereof,
in writing, within ninety (90) days from the date of the invoice on which such disputed transaction is reflected
MISCEllANEOUS: These Terms and Conditions shall control4a5 to any Products provided by Distributor to Customer hereunder. None of the terms and
conditions contained herein may be added to, modified, supersedetl Qr otherwise altered except by written instrument signed by duly authorized representatives
of Distributor and Customer. .
Carter. Ray
To: carter.hall@thermofisher.com
Subject: Turnout gear order
Carter, you should be receiving a PO within a week for 21 sets of gear. You should have measurements for all of
these folks from your last visit. Call me if you have any questions and once you get the PO processed. can you let me
know an approximate delivery date?
LAQUERRE FILICE CAPODIECI PRINCE COUTSOUVANOS FELICIANO HENDERSON
TOLBERT NARDI FLAHERTY D, BRANT K, LEWIS M. JACKSON GALARNEAU
J. BRANT CLEMONS KUS LEMIEUX PEARCE PETTY WILEY
9l.a.tf ~
Deputy Chief of Operations
Boynton Beach Fire Rescue
(561) 742-6339 (office)
(561) 742-6334 (fax)
carterr@ci,boynton-beach.fl.us
\0
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8/11/2009
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetina Turned in to City Clerk's Turned in to Leaal Turned in to Procurement
Dates Office
1ZI September 1, 2009 Auqust 17. 2009 Auaust 12 2009 Auaust 10, 2009
0 September 15 2009 Auaust 31, 2009 Auaust 26 2009 Auqust 24, 2009
0
0
0 An nouncements/Presentations 0 City Manaqer's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 1ZI Consent Aaenda 0 Leaal
0 Code Compliance & Leaal Settlements 0 Unfinished Business
0 Public Hearinq 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 a certified copy of 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 certified copy of the Resolution is sent to the County for recording.
Thirty days after a certified copy of the Resolution is recorded, the property owners will receive, by certified mail, a certified
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 b~ to not place
provided. ~:t
~Yn. .
U Janet M. Prainito, City Clerk VV
not collect for the service
City Clerk's Office
. ~ City, ,Man, a, ger's Sigy~e
~.~itrManrlQPr~
City Attorney / Finance
S:\CC\WP\LOT MOWING ASSESSMENTS\AGENDA MEMOS\Agenda Item Request for Resolution for Letters of July 13, 2009 #7.doc
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RESOLUTION NO. 09-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERT AIN NUISANCES
AGAINST THE OWNERS OF THE PROPERTIES
INVOL VED; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in May, 2009, a contract vendor was requested by Code Compliance to
mow the lots of the properties described in Exhibit "A'": and
WHEREAS, the owners of the parcel(s) of property hereinafter described were
invoiced by the Finance Department on two occasions in an effort to recoup these costs with
no response; and
WHEREAS, said nuisance was not abated as required: and,
WHEREAS, on May 22, 2009, all of the property owners listed in the attached
Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to
avoid incurring a lien on their property: and
WHEREAS, the City Manager or his authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s)
involved, which is described in Exhibit "A" attached to this Resolution; and
WHEREAS, upon passage of this Resolution, the property owners will be furnished
with a copy of this Resolution, and given one more opportunity to remit all costs associated
with the abatement in full within 30 days of the passage of the Resolution, before transmittal
to the County for recordation of Liens: and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
Section 1: Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2: The amount of costs incurred bv the Citv and the abatement of the
I labove-described noisance as to tbe parcels of land, own~d and indicated to wit
SEE A TT ACHED COMPOSITE EXHIBIT ..X"
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 0901 09.doc
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(Charges cover Invoices dated May 22,2009)
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 2009, 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 September, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
{Corporate Seal}
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 0901 09.doc
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Date Final Form Must be Date Final Form Must be
Meetina Dates Turned in to Citv Clerk's Office Turned in to LeQal Turned in to Procurement
~ September 1, 2009 AUQust 17, 2009 August 12, 2009 Auaust 10,2009
0 September 15, 2009 AUQust 31,2009 August 26, 2009 Auaust 24, 2009
0
0
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent AQenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Approve a motion to-
(1) Execute Modification Number Three to Subgrant Agreement with the State Division of Emergency
Management to accept a Hazard Mitigation Grant for a maximum amount of $345,084 (DCA Contract
Number 07HM-4@-10-60-02-006, dated September 28,2006 - FEMA Project 1545-74-R),
(2) Award a sole source construction contract (subject to a Construction Contract in a form acceptable to the
City Attorney) to Specified Architectural Systems, Inc, in the amount of $265,868 to replace the existing
Kalwall Corporation sky roof panels in City Hall and the West Wing along with a manufacturer's five year
material warranty in the amount $4,810, and a 10% construction contingency of $26,587 for a total of
$297,265, and
(3) Amend the City's Capital Improvement Plan (CIP) for FY 2008/09 by increasing estimated grant revenues
by $345,000 and budgeted appropriations by $300,000.
EXPLANATION: On March 17, 2009, the City Commission agreed to move forward with the replacement of the
sky roof panels and complete the Hazard Mitigation Grant. This project dates back to September 2002 when the
City submitted an application and was subsequently awarded a grant and received reimbursement for $48,412
representing 75% of the cost to protect 24 second story windows at City Hall against Hurricanes as a pilot project.
The City applied for and was awarded a second Hazard Mitigation Grant following Hurricane Francis for a project
to protect the remaining 41 window openings in City Hall. The grant award was for $141,998 representing 75% of
the $183,115 project cost plus $4,662 of administrative costs. However, upon final inspection in 2007, the State
inspector noted the sky roof panels and stated that these should be protected before approving the disbursement
of the grant.
Subsequently, the State offered the City this grant modification that would increase the amount payable to
reimburse the City for the previous project to protect the 2nd floor window openings plus this project to replace the
sky roof panels in City Hall by Specified Architectural Systems (SAS), Kalwall Corporation confirmed that SAS is
the exclusive contractor in South Florida.
PROGRAM IMPACT: The sky roof panels will be replaced by section, allowing a portion of the City Hall lobby to
remain functional for the public, The contractor will work on Friday, Saturday and Sunday to limit disruption of
services. Upon award and signing of the contract and notice to proceed, it is estimated that the project will be
complete in sixty (60) days. The period of performance for this grant project ends on December 31,2009.
G:\Grants Team\Team Projects\FEMA - City Hall\Kalwall documents\Agenda item\Agenda Item Request - Sep I 2009 (Sky Roof Panels Grant
Agreement).doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The earlier phase of this project that protected the second floor windows of City Hall was
completed at a cost of $183,115, but has remained inactive since September 30, 2007 pending resolution to
proceed. The Modification to the Subgrant Agreement includes these prior costs in order to recognize the total
grant award. The City did not include the prior grant award in the CIP revenue estimates. Therefore, the combined
grant award of $345,084 is included in the current year. The total project cost and estimated grant revenue follows.
SAS,lnc
Construction
Grant revenue
$ 345,084
$ 216,806 $
$ 49,062 $
$ 265,868 $
$ 183,115
$ 448,983
75%
$ 336,737
4075
735
4.810
$ 2'.681
$ 4,906
$ 26.587
Phase 1 II Kalwall skyroof panels
City Hall (excluding Chamber skylights)
West Wing
Total Phase III construction costs $ 300,000
Phase II window mitigation
Total Phase II & III construction costs
Federal share reimbursement %
$ 242,562
$ 54,703
$ 297,265
Administrative
Reimbursement
$ 345,000
$
8.347
In order to award the contract as soon as possible, it is necessary to have the budgeted funds appropriated.
Accordingly, the above budgeted amounts are to be included in the FY 2008-2009 CIP Budget and carried over to
FY 2009-2010 for project completion.
Account Number: 302-4101-580.62-01
ALTERNATIVES: None as the above is based on Commission consideration of alternatives with the agreement to
move forward as recommended.
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City Manager's Signature~;
/
City Attorney / Finance
------,
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"EMA _ City Hal1\Kalwal1 documcntsAgcnda itcm.Agcnda Itcm l{cqucsl - S,,!' 1 200l) (Sb 1<",,1' Pands (inIl1.
1 RESOLUTION NO. R09-
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO EXECUTE MODIFICATION NUMBER
7 THREETOSUBGRANTAGREEMENT~THTHESTATE
8 DIVISION OF EMERGENCY MANAGEMENT TO
9 ACCEPT A HAZARD MITIGATION GRANT; APPROVING
10 AN A WARD OF A SOLE SOURCE CONSTRUCTION
11 CONTRACT TO SPECIFIED ARCHITECTURAL
12 SYSTEMS,INC., TO REPLACE THE EXISTING SKY
13 ROOF PANELS AT CITY HALL FOR A TOTAL BUDGET
14 APPROPRIA TION OF $297,265.00 AND AUTHORING THE
15 CITY MANAGER TO EXECUTE THAT CONTRACT;
16 AUTHORIZING AMENDMENT TO THE CITY'S
17 CAPITOL IMPROVEMENT PLAN FOR FISCAL YEAR
18 2008/09; PROVIDING AN EFFECTIVE DATE.
19
20 WHEREAS, on March 17,2009, the City Commission agreed to move forward with
21 the replacement of the sky roof panels and complete the Hazard Mitigation Grant which
22 project dated back to September, 2002; and
23 WHEREAS, the City applied for and was awarded a second Hazard Mitigation Grant
24 following Hurricane Francis for a project to protect the remaining 41 window openings in
25 City Hall; and
26 WHEREAS, upon final inspection in 2007, it was noted that the sky roof panels
27 should be protected before approving the disbursement of the grant; and
28 WHEREAS, the State has offered the City a grant modification that would increase
29 the amount payable to reimburse the City for the previous project to protect the second floor
30 Ilwindow openings plus this project to replace the sky roof panels in City Hall.
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
ITHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
, IS\CA\RESOlAgreementS\SUbGrant Agreement-Kalwall. SAS.doc
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1
Section j.
The t'oregoing "Whereas clause" arc tlereb\ ratillecl and contir!l1l.'d a:-:
2
being true and correct and are hereby made a specrtic paJ1 of this ResolutIon upon adoption
3
hereof.
4
Section 2,
The City Commission of the City of Boynton Beach hereby authorizes and
5 directs the City Manager to execute Modification Number Three to Subgrant Agreement between
6 the Division of Emergency Management and the City of Boynton Beach to accept a Hazard
7 Mitigation Grant for a maximum amount 01'$345,084.00 (DCA Contract Number 07HM-4(d-] 0-
8 60-02-006, dated September 28.2006 - FEMA Project] 545-74-R). a copy ofv;hich is attached
9 hereto as Exhibit "A",
10
Section 3,
The City Commission of the Cit\ of Boynton Beach hereby authorizes and
11 directs the City Manager to execute a Sole Source Construction Contract \vith Specified
12 Architectural Systems, lnc,. to replace the existing Ka]wall Corporation sky roof panels in City
13 II Hall and the West Wing in the amount of $265,868.00 with a manufacturers five vear materia]
I ~ ,
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14 warranty in the amount 01'$4,810.00 and a ]0% construction contingency 01'$26.587.00 for a
15 I total 01'$297,265.00. The Sole Source Construction Contract shall be in a form acceptable to the
16 I City Attorney.
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17 I Section 4. The City Commission of the City of Boynton beach hereb)/ approves the
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18 I amendment of the City's Capital Improvement Plan (ClP) for fiscal year 2008/09 by increasing
19 I estimated grant revenues by $345,000.00 and budgeted appropriations by $300.000.00.
20
Section 5.
This Reso]ution shall become effective immediately upon passage.
I
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! S ICAIRESOlAgreementslSubGrant Agreement-Kalwall SAS doc
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1 PASSED AND ADOPTED this _ day of September, 2009.
2
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11
12 Vice Mayor - Woodrow L. Hay
13
14
15
16 Commissioner - Ronald Weiland
17
18
19
20 Commissioner - Jose Rodriguez
21
22
23
24 Commissioner - Marlene Ross
25 ATTEST:
26
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34
35 (Corporate Seal)
36
37
S:ICAIRESOlAgreementslSubGrant Agreement-Kalwall - SAS.doc
Agreement Number: 07HM-4@-lO-60-02-006
Project Number: 1545-74-R
MODIFICATION TO SUB GRANT AGREEMENT BElWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
THE CITY OF BOYNTON BEACH
This Modification Number Three is made and entered into by and between the State of Florida,
Division of Emergency Management, ("the Division"), and the City of Boynton Beach ("the Recipient") to
modify DCA Contract Number 07HM-4@-l0-60-02-006, dated September 28, 2006 ("the Agreement").
WHEREAS, the Division and the Recipient desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein,
the parties agree as follows:
1. The Agreement is amended to increase the maximum amount payable under the Agreement to
Three Hundred Forty Five Thousand Eighty Four and Noll 00 Dollars ($345,084.00).
2. The Budget Attachment A to the Agreement, are hereby modified as set forth in Revised
Attachment A to this Modification, a copy of which is attached hereto and incorporated
herein by reference.
3. All provisions of the Agreement being modified and any attachments in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective
on the date of execution of this Modification by both parties.
4. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
5. Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of
the administrative close-out report. The ending dates for each quarter of the program
year are March 31, June 30, September 30 and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates
set out below.
RECIPIENT: CITY OF BOYNTON
BEACH
DIVISION OF EMERGENCY
MANAGEMENT
By:
By:
Name and Title:. Mayor Jerry Taylor
Name and Title: Ruben D. Almaguer, Interim Director
Date:
Date:
Attachment A
Scope of Work
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, the City of Boynton Beach, will wind retrofit
the City Hall Building located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, by
purchasing and installing Exeter storm shield hurricane barriers forty one (41) window openings. If
deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code
or Miami-Dade Specifications. All materials will be certified to meet the wind and impact standards of the
current local codes. The local municipal or county building department will inspect and certify installation
according to the manufacture specification.
This is FEMA project 1545-74-R, funded under 1545-DR-FL.
The Period of Performance for this project ends on December 31,2009.
Schedule of Work
State Contracting:
Prepare Competitive Bid Process for Purchase
and Installation:
Award of Purchase and Installation Contract:
Verify Field Dimensions for Fabrication and
Engineering Review:
Site Specific Engineering Submittal and Order
Materials:
Company Fabricates, Obtain Permits, Recv. Materials:
Installation:
Punch-Out and Final Inspection:
Submit Project Close Out:
Submit Reimbursement Request:
Unpredictable Weather:
Total Period of Performance:
Budqet
Line Item Budqet*
Project Cost
$426,459.00
$ 20,404.00
$446,863.00
$ 0.00
$446,863.00
Materials and Installation:
Fees Including Permits, Insurance:
Sub-total:
Administrative Cost:
Total:
3 Months
... 11_ _J..L
IVIVlllll
6 Months
6 Months
6 Months
1 Month 5 Days
4 Months
3 Months
o Months 14 Days
o Months 14 Days
3 Months
34 Months 3 Days
Federal Share
$319,844.00
$ 15,303.00
$335,147.00
$ 9,937.00
$345,084.00
Local Share
$106,615.00
$ 5,101.00
$111,716.00
$ 0.00
$111 ,716.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment
to this Agreement being required, so long as the overall amount of the funds obligated under this
Agreement is not increased.
Fundinq Summary
Federal Share:
Local Share:
Total Project Cost:
$335,147.00 (75%)
$111.716.00 (25%)
$446,863.00 (100%)
Recipient Administrative Allowance up to $9.937.00
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural or man made disaster.
The funding provided by the Division of Emergency Management (OEM) under this subgrant is only
intended to pay for the materials and labor for the installation of storm shutters and/or other hardening
activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that
might otherwise occur from severe weather or other hazards, The funding of this project by OEM in no
way confers or implies any warranty of use or suitability for the modifications made or installed. The State
of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but
not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular
purpose, merchantability, or merchantable quality.
This project has not been evaluated as meeting the standards of the Department of Homeland Security,
Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design
and Construction for Community Shelter. It is understood and agreed by OEM and the Recipient that the
building has vulnerabilities due to age, design and location which may result in damage to the building
even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further
understood and agreed by OEM and the Recipient that this mitigation project is not intended to make the
building useable as a shelter for the Recipient's staff or any other citizens in the event of any natural or
man-made disaster.
CITY OF BOY~TON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into tlm ___un day 01
,2009, by and between tIle CITY OF BOY;\JTON BEACH. a municipal
corporation of Florida, hereinafter called the "CITY" or "O\VNER" and SPECIFIED
ARCHITECTURAL SYSTEMS. TNCoo
a Florida Corporation (3_1
a Florida General Partnership (_~n)
a Florida Limited Partnership C___)
a Sole Proprietor ()
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, Contactor has been found to be a suitable sole source vendor for the
replacement of the Kalwall translucent panels at City Hall and West Wing Buildings; and
WHEREAS, on the March 17, 2009, the City Commission reviewed options and
voted to move forward with the replacement of the Kalviall and complete the City Hall
wind-retrofit hazard mitigation grant project: and,
WHEREAS, the Contractor has represented that it has the experience. manpower,
and resources to substantial complete the Project within one hundred forty (140) calendar
days from a Notice to Proceed when a Notice is issued by the CITY.
NOW, THEREFORE, in consideration of these premises and the mutual
conditions and covenants contained herein, the parties agree as follows:
1. AGREEMENT
1.1. The Parties agree that:
1.1 .1. The foregoing "Whereas" clauses are true and correct and
incorporated herein by this reference
1.1.2. The CITY does hire and employ the CONTRACTOR to pro\ide
construction services for completion of the Project as described in
the August j 3.2009 Bid Proposal attached as Exhibll ",\
1.1.3. The CONTRACTOR does accept this Contract and does agree to
furnish the necessary labor. tools. equipment. materials and
supplies, etc., and to complete the Project by performing all the
work as set forth in the August 13, 2009 Bid Proposal attached as
Exhibit "A.
1.lA, That this Contract and the Bid Proposal establishes the fixed price
for the Project, provided: General Note #3 is deleted.
1,1.5. Contractor is an independent contractor.
2, SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Bid
Proposal.
3. OBLIGATIONS OF CONTRACTOR
3.1.
Contractor shall:
.
3.1.1. Furnish ali materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the
conditions and prices as stated in the Bid Proposal.
3,1.2, Perform all the work and labor pursuant to this contract and all of
the materials furnished shall be in strict conformity with the Bid
Proposal. CONTRACTOR further accepts and consents to the
conditions contained in said Bid Proposal and expressly agrees to
comply with every requirement and stipulation therein contained.
3,1.3, Furnish all tools, equipment, materials and supplies and to do all
the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the Bid Proposal.
3.1.4. CONTRACTOR shall furnish each subcontractor or material
supplier with a copy of his Public Construction Bond within five
(5) days of subcontractors' work or material supplying and shall
maintain records to establish that notice, A copy of said notice
shall be provided to the City's at time of issuance.
3,1. 5. Guarantee all work and materials for a period of one (l) year of
completion of the Project.
3,1.6. Pay promptly, before final settlement, any and all claims or liens
by subcontractors or material suppliers, incurred in and about this
work,
3,1. 7. Remove and clean up all rubbish, debris, excess material,
2
temporary structures, tools and equipment from streets, alleys,
parkways and adjacent property that may have been used or
worked on by the CONTRACTOR in connection with the project
promptly as such section or portion is completed and ready for use,
leaving the same in a neat and presentable condition.
3.1.8. Observe and comply with the provisions of the charter, ordinances,
codes and regulations of the City of Boynton Beach, Florida.
3.1,9. Obtain written approval from the CITY of all subcontractors not
disclosed in the Contractor's bid document.
3,1.10. Perform such other tasks as set forth in the Bid Proposal.
3,1.11. Shall provide a payment bond and performance bond in the amount
of 100% of the contract amount, insurance certificates and any
other required security for performance of the Project within ten
(iO) days of the Award of the Project and prior to commencement
of the work.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final 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 subcontractors or suppliers, including but not limited
to stored materials which are damaged or stolen.
4. CITY'S OBLIGATIONS
4,1, City shall provide a written Notice to Proceed signed by the City Manager.
4.2. Make timely payments for the work in accordance with the procedures and
time frames set forth in the Bid Proposal.
4.3. On satisfactory completion of the Project, provide a written final
acceptance and payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract
within (10) calendar days of the Commencement Date specified in the
written "Notice to Proceed," and to achieve Substantial Completion
without interruption within one hundred forty (140) calendar days
thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall
"l
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fail to timely commence the work following Notice to Proceed or fail in
the performance of the work specified and required to be performed within
the time limit set forth in the contract, after due allowance for any
extension or extensions of time made in accordance with the Bid Proposal,
the CONTRACTOR shall be liable to the CITY, as liquidated damages,
the amount stipulated in Section 6,0 herein below for each and every
calendar day that the CONTRACTOR shall be in default of achieving
certification of Substantial Completion.
5.3. CONTRACTOR shall notify the City Project Manager in writing of any
change in the names and addresses of each subcontractor proposed for
principal parts of work, and any changes in subcontractors from those
proposed in CONTRACTOR's bid proposal, and for such others as the
City Project Manager may direct, and shall not employ any that CITY
may, within a reasonable time, object to as incompetent or as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $ per day as
liquidated damages, for failure to begin within ten (10) days of CITY's
issuance of the "Notice to Proceed" or failure to achieve Substantial
Completion within one hundred forty (140) calendar days from the
Commencement Date as indicated in the written "Notice to Proceed". The
CITY shall have the right to deduct said liquidated damages from any
amount due, or that may become due the CONTRACTOR, or to collect
such liquidated damages from the CONTRACTOR or his Surety.
6.2, Punch list items recorded as a result of inspections for Substantial
Completion are to be corrected by the CONTRACTOR within thirty (30)
calendar days and prior to any request for Final Inspection, Testing and
Acceptance. If the Substantial Completion punch list items have not been
corrected by the CONTRACTOR within the thirty (30) calendar day
period Liquidated Damages will be applied as described above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7,1. The CONTRACTOR warrants that quoted prices include the protection
and continuous use of all existing work in process, property or operations
of the CITY.
8, INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the
CITY, its agents, servants, and employees from and against any claim,
demand, or cause of action of whatsoever kind or nature arising out of
error, omission or negligent act of CONTRACTOR, its agents, servants, or
employees in the performance of services under this Agreement.
4
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its
agents, servants and employees from against any kind and all causes,
claims, demands, actions, losses, liabilities, settlements, judgments,
damages, costs, expenses, and fees (including without limitation
reasonable attorney's and paralegal expenses at both the trial and appellate
levels) of whatsoever kind or nature for damages to persons or property
caused in whole or in part by any act, omission, or default of the CITY, its
agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and
covenant that the CONTRACTOR has incorporated in this original bid,
which constitutes the Contract sum payable by the CITY to the
CONTRACTOR, specific additional consideration in the amount of ten
dollars ($10.00) sufficient to support this obligation of indemnification
provided for in this paragraph. The indemnification required pursuant to
the Contract shall in no event be less than $1 million per occurrence or no
more than the limits of insurance required of the CONTRACTOR by the
Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S
full intention that this provision shall be enforceable and said provision
shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision,
as well as the insurance provisions which are set forth in the General
Conditions for Construction. However, the indemnification provision, and
the insurance provision contained in the General Conditions for
Construction are not interdependent of each other, but rather each one is
separate and distinct from the other. .
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not
subject to any offset, limitation or defense as a result of any insurance
proceeds available to either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the
performance of the contract only once materials are installed, subject to
additions and deductions as provided in the Bid Proposal. There will be
no payment for materials stored on site. Progress payments will be on a
monthly basis.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or
make changes by altering, adding to or deducting from the work, the
5
Contract sum being adjusted accordingly. All such work shall be executed
under the conditions of the original Contract. Any claIm for extension of
time caused thereby shall be made in writing at the time such change is
ordered. Changes in the work which increase price set forth in the Bid
Proposal must be approved by the City Commission.
10.2. All change orders and adjustments shall be in writing and approved by the
Project Manager, otherwise, no claim for extras will be allowed,
10.3. Claim of payment for extra work shall be submitted by the
CONTRACTOR upon certified statement supported by receipted bills,
Such statements shall be submitted for the current contract payment for
the month in which the work was done. No claim for extra work shall be
allowed unless same was ordered, in writing, as aforesaid and the claim
presented at the time of the first estimate after the work is completed,
11. CITY PROJECT MANAGER
11,1, The City Project Manager is Andrew Mack.
11.2. The City Project Manager shall have general supervision and direction of
the work.
11.3, As the City Project Manager is, in the first instance, the interpreter of the
conditions of the contract and the judge of its performance.
12. INSURANCE
12,1. The Contractor shall obtain and maintain insurance as set forth in Exhibit
""B".
13. TIME OF ESSENCE
13.1. Inasmuch as the provisions of the Bid Proposal relating to the times of
performance and completion of the work are for the purpose of enabling
the CITY to complete the construction of a public improvement in
accordance with a predetermined program, all such time limits are of the
essence of the Contract.
14. REMEDY FOR DELAY
14.1. 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 CONTRACTOR, his agents, employees or
6
subcontractors, or delay caused by weather conditions or unavailability of
materials, the sole remedy available to CONTRACTOR shall be by
extension of the time allocated to complete the project.
14.2, NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED
TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE
PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS
AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES
THIS LIMITATION ON RECOVERY AND ASSUMES ALL
MONETARY RISK ASSOCIATED WITH THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
14.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for
completing the work within the time ailocated by this contract.
14.4. All requests for extension of time to complete the work shall be approved
by the City Manager.
14.5. For the purpose of this section, the phrase "the CITY, its agents and
employees" shall include but shall not be limited to the City Project
Manager and Project Manager.
15. DISPUTES
15.1. Disputes shall be resolved by an independent decision maker pursuant to
the American Arbitration Association Construction Industry Initial
Decision Make (IDM) Procedures,
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY
and the CONTRACTOR has executed these presence the day and year herein before
written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
7
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) ss:
)
County of Palm Beach
On this day of
authorized to administer oaths,
known to be the person
, 2009, personally appeared before me, duly
described herein or who has produced
as identification and who executed the foregoing
instrument and has acknowledged before me that they have executed same.
Notary Public
My Commission Expires:
8
EXHIBIT "B"
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of
Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only)
MINIMUM LIMITS REOUlRED
-----------..---------------------....------------------------------------------------------....--------------------.....------------------------------..---..-------
--------------------------------------------------------------..-----------...--------........-------..------------....---------........-----------------------------------
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Liquor Liability
Professional Liability
Employees & Officers
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (anyone fire)
Med.Expense (anyone person)
$ 1.000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 50,000.00
$ 5,000.00
----....---......---------......------.....---------..-.....----..-.......----.......--------.....----------------...-...-------.........-...---------......-------...-----------..--------..--------------
Automobile Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
PIP Basic
Intermodal
Combined Single Limit
Bodily Injury (per person)
Bodily Injury (per accident)
Property Damage
Trailer Interchange
$ 500,000.00
to be determined
to be determined
to be determined
$ 50,000.00
..---------...--..----------......-..-----..-...---------..------..---..---..---...--------....------...--------..--.............--------.....-------------------...---...-----------------------
Garage Liability
Any Auto
Garage Keepers Liability
Auto Only, Each Accident
Other Than Auto Only
Each Accident
Aggregate
$ 1,000,000.00
$ 100,000.00
$ 1,000,000,00
$ 1,000,000.00
Excess Liability
Umbrella Form
Each Occurrence
Aggregate
-------...---------------------...----------..--------------------..-----...----------...----------......-..--------..-...---------..-......------...-----...----------..--------------
to be determined
to be determined
-----------....-..-----------..-..----...--...-..-...-------..------...-......--...-...-..----..----..----------..-..--------------..--..-.....------------......---..--------..-..----.........--.....-..-..-
Worker's Compensation
Employer's Liability
Each Accident
Disease, Policy Limit
Disease Each Employee
Statutory Limits
$ 100,000.00
$ 500,000.00
$ 100,000.00
Property
------------..--------------------.....--------..-------..-------------..--.....--------------..-..-------------------....-...------..-------------------..---.....-----..-------
Homeowners Revocable Permit
Builder's Risk
$ 300,000.00
Limits based on Project Cost
--------...--..-..---...--------------...........------..---.....-----..----------..--...-------------...----..--..--.....--......--..--..---..-..-.....--....----...----------......-......--------------....
Other - As Risk Identified
to be determined
INSURANCEADVISOR YFORM05
---------....------..--....-----...-------..--------........----...-----...--------..-....--..-..--------------------..---..-----..-...-......---------..------..----...-..----------..-----..--
Revised 07/2009
S PECIFIEDARCHITECTURAL SYSTEMS, INC.
1950 Northgate Blvd., Ste. D6. Sarasota, FL 34234
(941) 360-6900 . Fax (941) 360-6977
www.specarcsys.com . CGC1508102
BID PROPOSAL
DATE:
August 13, 2009
TO:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
Attention: Andrew Mack
RE:
Boynton Beach Govt. Complex
Boynton Beach, FL
Kalwall Skyroof Panel Replacement
We are pleased to submit the following revised proposal for the replacement of the existing Kalwall
skyroof panels with new Kalwalllnsulated Translucent Skyroof Panel System:
DESCRIPTION:
Price 1 - Citv Hall
New Kalwall skyroof panels, aluminum batten system and associated flashings for (1) supported shed
skyroof 161'-5" long x 38'-1 1;4" wide on slope (20") with the following cut-out areas:
(1) 15'10" x 24'-4 3;4" (1) 8'-0" x 16'-4 1;4" (2) 8'-0"x 8'-4"
(1) 36'-63;4" x 24'-4 3;4" (1) 61 '-1" x 29'-103;4" (1) 9'-1" x 24'-4 %" + 29'-10 %"
Notes: 1) Shed roof has canopy section 61'-1" x 8'-2 %" on slope. Kalwall panels in this area have
.070" super-weathering white exterior faces, .070" Type A white interior faces and .55 "U"
factor.
2) Kalwall skyroof is designed for a 30 PSF live load, 82 PSF wind load and U180 deflection.
3) Pricing is based on utilizing existing supports to limit panel span to a maximum of 8'-3".
4) Commission Chamber skylights are not included in this price.
Unless noted above, new thermally broken Kalwall translucent panels to have .060" super-weathering
Hurricane-impact white exterior faces, .045" Type 25 white interior faces, 8" x 20" shoji grid pattern and a
.15 "u" factor. All exposed aluminum to receive Kalwall CRF finish in standard colors.
TOTAL COSTS:
$216,806.00.
Price 2 - West Wino
New Kalwall skyroof panels, aluminum batten system and associated flashings for (1) supported shed
skyroof, with (1) endwall, 27'-0" long x 15'-4" wide on slope (47.94").
Notes: 1) Kalwall skyroof is designed for a 30 PSF live load, 82 PSF wind load and U180 deflection.
3) Pricing is based on utilizing existing supports to limit panel span to a maximum of 9'-5".
New thermally broken Kalwall translucent panels to have .060" super-weathering Hurricane-impact white
exterior faces, .045" Type 25 white interior faces, 8" x 20" shoji grid pattern and a .15 "U" factor. All
exposed aluminum to receive Kalwall CRF finish in standard colors.
TOTAL COSTS:
$49,062.00.
Pricing Note: In order to minimize equipment, pricing for West Wing replacement is contingent on doing
City Hall skyroof replacement at same mobilization period. Pricing will be invalid if West Wing
repiacement is performed at a different time.
BOYNTON BEACH GOVT. COMPLEX - BOYNTON BEACH, FL
REVISED BID PROPOSAL - KALWALL TRANSLUCENT SKYROOF PANEL REPLACEMENT
4/16/09 - PAGE 2 OF 2
INCLUDED IN THIS PROPOSAL:
_ Required submittals and Engineering for Kalwall system only
- Removal and disposal of existing Kalwall material
- New Kalwall material delivered and installed
_ 1-year standard manufacturer's material warranty and 2-year standard installation warranty
- Payment and Performance Bond
- Permits
EXCLUDED IN THIS PROPOSAL:
_ Any repairs to existing skylight curbs or intermediate supports that may be required when old panel
system is removed. We do not anticipate any repairs but this is an unknown entity until existing panels
are removed.
_ Repairs or replacement of building materials other than the Kalwall skyroof panel system
_ Safety netting under mofs during install that may be deemed necessary
- Sales Tax
- Any item not specifically noted herein
GENERAL NOTES:
1) This bid proposal is based on the dimensions from Kalwall's drawing #K87 -1060.
2) Labor and equipment costs are based on doing the work on (6) successive 3-day weekends.
3) For a manufacturer's (5) year material warranty ADD $4075.00 for Price 1 and $735 for Price 2
4) The Kalwall system has Florida Product Approval and meets the wind-borne debris requirements of
the Florida Building Code.
3) Pricing is subject to review after (30) days and upon final engineering and approval.
We appreciate the opportunity to submit this revised proposal and look forward to working with you on
this project.
SPECIFIED ARCHITECTURAL SYSTEMS, INC.
$r>>l/5~
.'
Katwall
CORPORATION
1341\23.7,
\11 (nj 0;;-1)2\7
hI\;
July 13, 2009
To \Vhorn ltMay Concem~
Plrea"c .he advised that SpeeificdA.rthit~tUtat.Syst;ms based ill Sara$(Jta,FL. iS~Ltr
exduslye distributor hlFlorida,e~~l~~Jl1gtl1epao-bandt:e.
We require highly experiencoo,train&.1 distributors for the success. of our products and
systems.and Specifled Architet:t14ral SY$temsha.'iprovided this set'v'ice to .our
customers fotmany years., .
P~e.asedo not hesitate to contact meifthere.areany que:stiQus,
Sincerely,
KALWALL CORPORATION
j i~r)/]
r.v6v~
< .. .. ."'8 R. Andrus
Vice-Presidem
Sales North America'
JRA:.st
k,,<\l.\i\'';\! j , 'I f,:\:'\,;~1 (,(-! -p.,1,-j',.rrl TTJ"'..t;:~ .
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI - CONSENT AGENDA
ITEM D.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
181 Seotember 1, 2009 August 17, 2009 AUlZUst 12,2009 August 10, 2009
0 Seotember 15,2009 August 31, 2009 AUlZUst 26, 2009 August 24, 2009 ~
-...oiT :';~.fu:'
\.0
0 :I> -d.ffi
c:5 O' M
"
0 , '"'1" ~
--.
0 AnnouncementslPresentations 0
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 181 Consent A enda 0 Le al
0 0 Unfinished Business
0 Public Hearin 0
RECOMMENDATION: Motion to approve the "IMAGINE CHARTER SCHOOL AT BOYNTON BEACH" Record Plat,
conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor
and Mapper).
EXPLANATION: The record plat review for this project commenced on May 11,2009, to which the second and final
review was completed on June 25, 2009. Noted plat preparation changes not withstanding, staff now recommends that the
Cijy Connnission approve the plat as presented, subject to fmal signatures by the City Engineer and Mayor. The record plat is
the next step in the development of the school facility, replacing a portion of the High Ridge PUD development created in
February, 2007. The record plat preparer has stated that all minor changes necessary to this instrument are now in compliance
with those comments noted in the last review letter.
PROGRAM IMP ACT: The proposed development will continue to be delayed until the proposed record plat has received
technical compliance with the Land Development Regulations. Thus, no building permits can be issued until the proposed
record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida.
FISCAL IMP ACT: None
ALTERNATIVES: The proposed development will continue in tentative status until the proposed record plat is received in
ace;;;. fO::7'~ a POmO~~fth. .m~ auM~sion. , } /1, ~~
(5f':"~~~~:~T si;b::.l' J R L ~':;;:s S~brre
Assistant to City Manager (~j.
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
HIGH RIDGE
COUN TR Y
CLUB
NORTH
m
JUNE, 2009
......
~
8
~
~
~L
~ CEDAR RIDCE ROAD
~
~
ll;
~
~
COMMERCE ROAD
LOCATION MAP (NTS)
MINER ROAD
;-/
( ((
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(
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM E.
AGENDA ITEM REQUEST FORM
Date Final Form Must be
Turned in to Le al
st 12, 2009
Date Final Form Must be
Turned in to Procurement
Au 10, 2009
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
181
o Settlements
o Public Hearin
o
o New Business
o Leal
o Unfinished Business
o
26,2009
o
o
\At
I('j)
RECOMMENDATION: Motion to accept the attached "Analysis of Revenues &
Expenditures (General Fund & Utility Fund) for the Ten Months Ended July 31, 2009 (83% of
the Fiscal Year).
EXPLANATION: The attached report provides brief comments on actual revenues realized
and expenditures incurred to date as compared to the annual budgeted amounts for the
General Fund and the Utility Fund.
PROGRAM IMPACT: This report is one of the financial reporting programs of the Department
for the purpose of providing interim financial information to the City Commission and City
Management.
FISCAL IMPACT: The fiscal impact of the actual financial results to date is noted in the
attached report. Staff is making a projected $7.0 million fund balance reduction of the General
Fund for the year ended September 30,2009.
S: Discuss the report or respond to questions at the City Commission meeting.
D rt tH 'dl S. t C~tyMr'~S. t
epa men ea signa ure 1 anage signa ure
Assistant to City Man,!,' ~
Financial Services I a5r _
Department Name City Attorney I Finance
S:\Finance\Financial Reports\Agenda Requests\Agenda Item Request - Sept 1,2009 (10 Month Financial Report-July 31, 2009).doc
.
CITY OF BOYNTON BEACH
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
FROM:
Barry Atwood, Finance Director
Tim Howard, Deputy Finance Dire
Tony Davidson, Budget Manage
Sue Moroney, Revenue Manager
TO:
Kurt Bressner, City Manager
DATE:
August 12, 2009
SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund)
Ten Months Ended July 31, 2009 (83% of the Fiscal Year)
We have summarized and are providing this analysis of actual revenues and expenditures of
the City's General Fund and Utility Fund for the period ended July 31, 2009 compared to (a)
the annual budget for this year and (b) actual results to date for the prior year.
GENERAL FUND
For the ten months to date in FY 2009, General Fund revenues and transfers realized
(including a transfer of appropriated fund balance of $3.8 million) are $60.7 million (82%) of
the $73.9 million annual budgeted revenue estimate. FY 2009 revenues and transfers exceed
expenditures by $4.3 million compared to $3.1 million at this same date last year. This
represents a positive net result of $1.2 million in FY 2009 compared to FY 2008 for the ten
month period. (Referenced amounts are highlighted below)
Revenues & Transfers
Expenditures
Excess (Deficit)
FY 2009 Actual FY 2008 Actual
to Date to Date
Amount % Amount %
~:~ $ 57,992 85%
ell" $(54,921)~
$.3'~G71
Proiected Year-End Results - Projections are at best risky. However, with the results to date
and if the assumptions for revenues and expenditures that follow prove reasonably on target,
the General Fund's deficit (reduction of fund balance) for the year could approximate $7.0
million. This is based on the following:
. $4.6 million - Appropriation (use) of fund balance to balance the budget
. $2.4 million - Projected operating deficit (above)
. $7.0 million - Total projected reduction offund balance
The following page summarizes the major revenues and expenditures to date.
S:\Finance\Financial Reports\Monthly Financial Reports\Memorandurn - 10 Months July 31 2009.doc
Revenues (Exhibit A) - While the excess of revenues results from a majority (98%) of
property taxes received in the first ten months of the year, it compares unfavorably with the
100% received at this same point last year as noted on Exhibit A. This translates to
approximately $700 unpaid property taxes this year whereas it was approximately zero last
year in FY 2008
$6.1 M Revenue Shortfall - we are projecting uncollected property taxes of $700 thousand for
the year. In addition, we are expecting the need to refund perhaps $600 thousand of building
permits previously collected. Together, these two projections raise our projected revenue
shortfall for the year to $6.1 million as noted on Exhibit A for all funding sources.
The following revenue sources account for the majority of the $6.1 million projected shortfall
for the fiscal year:
· $0.7 million - Ad Valorem Taxes
· $0.2 million - Franchise Fees
· $3.6 million - Building Permits
· $0.5 million - State Shared Revenue
· $0.4 million - Public Safety Revenue
· $0.3 million - Interest Earnings
Expenditures (Exhibit B) - General Fund expenditures to date are $56.4 million (76%) of the
$73.9 million expenditure appropriation. However, while this represents an increase of $1.5
million compared to FY 2008, this year has only spent 76% of the budget at this point of the
fiscal year. However, last year we had spent 80% of the annual budget.
The attached graph at the bottom of Exhibit B displays actual expenditures (red line) below the
budget (green line) and drawing close to the actual spending levels in FY 2008 (brown line).
This displays the results of our efforts in the past several months to reduce expenditures
further below the budget in order to offset the anticipated revenue shortfall.
$3.7M Projected Expenditure Savings - If we assume that we can continue the reduced rate
of spending in the last two (2) months of the year and come in 5% under budget for the full
year, this results in a $3.7 million savings (5% of $74 million) for the full fiscal year ended
September 30, 2009. This savings then estimates FY 2009 expenditures of $70.2 million; half
way between last year's total expenditures of $67.0 million (brown line) and this year's budget
of $73.9 million (black straight line).
S:\Finance\Financial Reports\MOllthly Financial Reports\Memorandum - 10 Months July 31 2009.doc
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended July 31, 2009 (83% of Fiscal Year)
REVENUES
FY 2009 ANNUAl BUDGET FY 2009 TO DATE I FY 2008 FY 2008 TO DATE
ACCOUNTS REVENUE % I REVENUE %
DIFFERENCE PROJECTED APPROVED REALIZED REAUZED APPROVED REALIZED REAlIZED
AD VAlOREM TAXES (798,882) $34,214,578 $35,013,460 $34,209,201 98% $38,151,700 $38,219,665 100%
LESS TlF TAXES TO CRA 98 882 16 144 9381 15.243.8201 (5,144,938) 98% 16 129.2841 (6,129.284) 100%
NET TAXES TO THE CITY (700,000) 29,069,840 29,769,840 29,064,263 98% 32,022,416 32,090,381 1000/.
LICENSES AND PERMITS
FRANCHISE FEES (221,000) 4,900,000 6,121,000 3,036,801 69% 6,188,400 2,993,915 68%
BUSINESS TAXES (16,000) 1,376,000 1,391,000 1,393,189 100% 1,385,000 1,418,801 102%
BUILDING PERMITS (3,616,000) 336,000 3,950,000 777,012 20% 5,244,930 3,716,593 71%
PUBLIC SERVICE TAXES . - - - 0% 3,822,490 2,677 ,686 70%
OTHR LICENSES, FEES & PER (28,000) 168,000 196,000 156,086 80% 223,700 171,801 77%
INTERGOVERNMENTAl REVENUES
OTHER FEDERAL REVENUE (185,000) 25,000 210,000 11,073 5% 2,500 4&,678 1827%
STATE SHARED REVENUES (505,000) 6,152,000 6,667,000 4,54&,630 68% 7,747,000 6,080,268 66%
SHRD REV FROM OTHR LCL (15,000) 490,000 506,000 192,121 38% 942,000 205,962 22%
STATE GRANTS . 0 - 65,375 0% - 0 0%
CHARGESFORSER~CES
PYMTS IN LIEU OF TAXES 7,000 93,000 86,000 92,599 108% 87.200 82,652 95%
CHRG~ENERAL GOVT (39,406) 261,000 290,406 253,54& 87% 406,750 265,567 66%
PUBLIC SAFETY (386,925) 3,850,000 4,236,925 3,637,695 83% 3,482,600 2,915,162 84%
PHYSICAL ENVIRONMENT 8,000 13,000 6,000 10,439 209% - 4,225 0%
CUL TUREJRECREATION (7,000) 305,000 312,000 268,288 83% 266,800 271,736 102%
INTEREST & MISC REVENUE
~OLA.TIONS LOCAL ORD. 49,000 152,000 103,000 169,322 164% 280,000 140,323 50%
INTEREST EARNINGS (295,000) 805,000 1,100,000 578,164 63% 1,519,625 949,691 62%
RENTS AND ROYAlTIES (34,000) 200,000 234,000 169,103 88% 209,500 173,219 83%
SALE OF SURPLUS MATERIAL 26,000 28,000 3,000 27,847 928% 7,500 6,157 82%
OTHER MISC. REVENUE (182,000) 196,000 377,000 216,300 57% 216,900 293,813 135%
INTERNAL FUND TRANSFERS
TRANSFERS . 14,786,665 14,786,665 12,322,24& 83% 5,386,800 4,489,000 83%
FUND BALANCE APPROPRIATED . 4,630,000 4,630,000 3,868,333 83% . . 0%
Total Revenues $ (6,140,331) $ 67,823,305 $ 73,983,636 $60,724,249 82% $ 68,442,011 $ 57,992,310 85%
$80,000
$70,000
S60.ooo
$50,000
$40,000
$30,000
$20,000
$10,000
$0
Oct
Two Year Cumulative Revenue
Comparison and CFY Budget - ($ in
thousands)
567,&13
Nov
Dee
Jan
Feb
Mar
ApT
May
JIDl
Jul
Aug
Sep
~Cumulative 08 Actual
~Cumul.tive 09 Actual
-- Projected 09 Budget
S:IFinM<eIFinanciaI RoponsIMoothly Financial RoponslBudga Review - GF - thru July 09 Summarizcd()()l RevenllC Sumowy Revised
8/1312009
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANAL VSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Vear Period Ended July 31, 2009 (83% of Fiscal Vear)
EXHIBIT B
EXPENDITURES
FY ZUUll FY 2009 TO DATE 1-'" :zoos- FY 200If ro DA FE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION $ 423,814 $ 318,338 75% $ 474,152 $ 252,262 53%
CITY MANAGER 639,605 478,613 75% 611,335 485,438 79%
CITY HALUGEN. ADMIN. 1,917,260 1,158,377 60% 4,217,483 3,575,153 85%
PUBUC AFFAIRS 182,064 109,178 60% 185,891 127,204 68%
CITY CLERK 558,899 412,376 74% 557,755 393,707 71%
CITY ATTORNEY 480,375 388,799 81% 444,046 396,164 89%
FINANCIAL SERVICES 1,247,864 978,147 78% 1,176,149 947,658 81%
ITS 1,866,388 1,322,904 71% 1,763,228 1,415,376 80%
GEOGRAPHICAL INFO SYSTEMS 430,164 338,569 78% 411,207 339,913 83%
HUMAN RESOURCES 1,045,986 730,468 70% 916,809 655,965 72%
ORGANlZA11ONAL DEVELOP 198,891 116,629 59% 179,790 136,402 76%
PUBUC SAFETY
COMMUNICATIONS 2,384,971 1,579,356 65% 2,341,086 1,539,303 66%
POUCE 24,321,550 18,991,338 78% 21,360,400 18,130,e46 85%
CODE COMPLIANCE 1,261,445 909,514 72% 1,024,201 649,386 83%
FIRE 18,713,8t9 14,970,578 80% 14,802,509 11,885,086 80%
EMERGENCY MANAGEMENT 116,300 66,100 57% 149,697 52,442 35%
AMMAL CONlROL 201,023 141,163 70% 185,049 137,591 74%
BUILDING & DEVELOPMENT
DEVELOPMENT 412,826 339,007 82% 367,954 328,500 85%
BUILDING 2,368,088 1,539,677 65% 2,432,725 1,852,100 76%
ENGINEERING 937,154 733,056 78% 919,102 695,267 76%
PLANNING & ZONING 991,450 754,607 76% 1,039,390 811,435 78%
BUSINESS TAX 297,936 230,376 77% 288,726 239,832 83%
PUBUC WORKS
PUBUC WORKS 296,412 254,213 85% 294,524 243,121 83%
FACILITIES MANAGEMENT 2,009,496 1,378,181 69% 1,792,068 1,465,752 82%
STREETS MAINTENANCE 1,175,287 786,209 67% 1,064,949 699,510 66%
LEISURE SERVICES
UBRARY 2,600,620 1,865,621 72% 2,490,441 1,813,132 73%
RECREATION 2,771,735 2,126,816 77% 2,795,725 2,035,577 73%
FORESTRY & GROUNDS 1,824,643 1,217,325 67% 1,862,982 1,323,813 71%
PARKS MAINTENANCE 2,324,939 1,837,111 79% 2,272,639 1,711,685 75%
CRA REIMBURSABLE & RESERVES (37,448) 357,306 0% - 381,631 0%
Total expenditures $ 73.953.636 $ 56,427,952 76% $ 68.442.011 $ 54,921,351 80%
$80,000
$70,000
$60,000
$50.000
$40,000
$30,000
I $20,000
"0: r"~
l_~
Nov
Dee
Jan
Feb
Mar
Apr
May
Joo Jul
Aug
~J
~Cumulative 08 Actual
~Cumulative 09 Actual
-- Budget 09
S:IFinanceIFUwtcial ReportsIMonthJy Financial ReponsIBudget Review - OF -1hru July 09 SummarizedOOl Expenditure Summary Revised
8/1212009
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended July 31, 2009 (83% of Fiscal Year)
REVENUES
FY 2009 FY 2009 TO DATE FY 2008 FY_ luDATE
ACCOUNTS BUDGET REVENUE % BUDGET REVENUE %
APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED
WATER SALES $12,100,000 $11,019,133 91% $13,853,000 $ 8,449,123 61%
WATER CONNECTION FEE 80,000 13,230 17% 206,000 101,065 49%
WATERSER~CECHARGE 200,000 357,444 179% 200,000 223,599 112%
WTR-BACKFLOW PREVNTR TEST - 24,932 - 5,560
SEWER SER~CE 13,825,000 12,570,196 91% 14,251,907 10,690,395 75%
STORMWATER UTILITY FEE 3,315,000 2,767,689 83% 3,495,800 2,763,864 79%
TELEVISE SEWER LINES 10,000 - 0% 30,000 6,442 21%
FEES 50,000 - 0% 50,000 31,351 63%
INTEREST INCOME 840,000 185,686 22% 1,100,000 305,289 28%
SALE OF SURPLUS EQUIP. 1,000 - 0% 5,000 1,305 26%
GAIN LOSS ON INVEST - 2,006 0% - 8,959 0%
OCEAN RGE UT TAX ADM CHG 500 458 92% - 322 0%
BAD DEBT RECOVERIES 3,000 1,935 65% 10,000 2,078 21%
MISCELLANEOUS INCOME 30,000 14,065 47% 10,000 24,964 250%
TRANSFER FROM 101,000 84,167 83% 101,108 84,257 83%
APPROPRIATED 4.887,153 4,072,628 83% - -
TOTAL REVENUES -135 442 653 $ 31,113,569 88% $33,312,815 $22,698,573 68%
$40,000
Two Year Cumulative Reveuues
Comparison and CFY Budget - ($
in thousands)
$~5A4,~
S10,OOO
7,163
S30,OOO
S20,OOO
so
...----,---~.---------r~~.--~-~---,----.~.~...-------..----.----:-.---.----...,---------.-------:-------.----.
Oet
Nov
Dee
JOll
Feb
Mar
ApT
May
Jun
Jul
Aug
Sep
[----.---------------------
~_<::~mula~~v~~! A~t~a~
....Cumulative 09 Actual
~!l~ge~~O()~n .
-- . --_.---~._---'-_. - ,.-.-------- ----
S:IFinanceIFinancial ReportsIMonthly Financial RaportsIBudget Review. UF - Ihru July 09 Summarized401 Rav Sum
EXHIBIT D
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended July 31, 2009 (83% of Fiscal Year)
EXPENDITURES
FY 2009 FY' 2009 TO DATE ~. FY 2008 TO DATE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
WATER DISTRIBUTION $ 1,687,111 $ 1,246,206 74% $ 1,472,216 $ 1,383,460 94%
PUBlIC WATER TREATMENT 6,672, 154 4,965,264 74% 6,118,042 4,843,094 79%
METER READING & SERVICES 1,209,620 742,760 61% 1,210,417 813,198 67%
WASTEWATER COLLECTION 1,794,768 1,612,339 84% 1,749,751 1,449,295 83%
WASTEWATER PUMPING STATNS 2,674,901 1,994,552 77% 2,587,811 1,958,387 78%
SEWAGE TREATMENT 4,605,000 2,791,728 62% 3,775,800 2,862,600 71%
WATER QUALITY 578,888 461,714 80% 523,607 443,828 85%
UTIUTY CONSTRUCTION . - . (1,135)
UTlUTY ADMINISTRATION 2,011,468 1,382,724 69% 1,960,285 1,477,433 78%
GENERAL ADMINISTRATION 5,727,921 3,993,202 70% 5,894,300 4,190,738 74%
UTILITES ENGINEERING 1,274,598 968,899 75% 1,199,287 962,751 80%
STORMWATER MAINTENANCE 899,485 420,872 47% 931,447 584,708 61%
CUSTOMER RELATIONS 1,202,174 949,013 79% 1,217,_ 985,858 81%
DEBT SERVICE 6,304,865 3,803,291 68% 4,882,725 3,004,027 82%
RESERVES - - 0% - (29,380) 0%
Total Expendltu.... $ 35,442,863 $ 25,022,562 71% $ 33,312,815 $ 24,708,858 74%
Fl
I I Two Year Cumulative Expenditures Comparison and
CFY Budget - ($ in tbonsands)
$1
S30.000
S20,OOO
$10,000
Oct
Nov
Dee
Jan
Feb
Mar
Apr
May
Jon
Jul
Aug
I
Sep I
_. I
so
~Cumulative 08 Actual
~Cumulative 09 Actual
- Budget 2009 I
S:IFinanceIFinancial ReportsIMonthly Financial ReportsIBudget Review - UF - thru July 09 Summarized401 Exp Sum
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
12<] September I, 2009 AUl!Ust 17, 2009 Aueust 12, 2009 AUlrust 10, 2009
[] September 15,2009 AUl!Ust 31, 2009 AUlrust 26, 2009 AUlrust 24, 2009
[]
0
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 181 Legal
0 Code Compliance & Leeal Settlements 0 Unfinished Business
181 Public Hearing 0
RECOMMENDATION: Please place this request on the September 1, 2009 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading, for the transmittal for state review. The Planning and Development
Board on August 25, 2009, recommended that the request be approved, subject to additional text pertaining to land use
compatibility. Furthermore, staff also proposes an addition of the adoption date of the county Manatee Protection Plan to the
proposed text in Policy 1.3.1 (a). For further details pertaining to this request, see the attached Department Memorandum No.
09-056.
EXPLANATION: The subject text amendments to Comprehensive Plan pertain to the recreational water
surface policies. Amendments would add marine-oriented and water-dependent uses to uses allowed in the Special High
Density Residential Land Use category in conjunction with the Palm Beach County Manatee Protection Plan, and establish
siting and other guidelines applicable to marinas, boat ramps and other water-dependent uses. The amendments would also
uphold the City's commitment to preserve its two existing recreational and commercial working waterfronts and bring the
City into compliance with the requirements of Chapter 163.3178(2)(g), Florida Statutes. Please also note that a preliminary
review by the Department of Community Affairs has determined that this large scale amendment meets the provision of
Chapter 163.3177(6)(g), Florida Statutes, which exempts amendments pertaining to recreational surface water use policies
from the twice per year limitation on comprehensive plan amendments.
PROJECT:
Recreational Water Surface Policies (CPTA 09-001)
DESCRIPTION:
Request to amend Policy 1.3.1 of the Future Land Use Element, and to add policies to
the Coastal Management Element and the Intergovernmental Coordination Element.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
/
/U V'~
Cl Manager's Signature
Assistant to City Manager~
Develop
~~t2
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance
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ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE
TEXT AMENDMENTS TO THE COMPREHENSIVE
PLAN PERTAINING TO THE RECREATIONAL WATER
SURFACE POLICIES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the proposed text amendments would add marine-oriented and water -
dependent uses to uses allowed in the Special High Density Residential Land Use category in
conjunction with the County Manatee Protection Plan and establish siting and other guidelines
applicable to marinas, boat ramps and other water-dependent uses; and
WHEREAS, the amendments would also uphold the City's commitment to preserve its
16 two existing recreational and commercial working waterfronts and bring the City into
17 compliance with requirements of Florida Statutes; and
18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
The foregoing "Whereas" clauses are true and correct and incorporated
21 herein by this reference.
22
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
23 adopts the Text Amendments to the Comprehensive Plan pertaining to the recreational water
24 surface policies, a copy of which is attached hereto as Exhibit "A",
25
Section 3.
All laws and ordinances in conflict with any provisions of this ordinance
26 are hereby repealed.
27
Section 4.
Should any section or provision of this Ordinance or any portion thereof
S:\CA\OrdinanceslComp Plan Amendment (Recreational Surface Water Policies).doc
- 1 -
I be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 remainder of this Ordinance.
Section 5.
Authority is hereby given to codify this Ordinance.
3
4
Section 6.
This Ordinance shall become effective immediately upon passage.
5
FIRST READING this _ day of
,2009.
6
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
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23 ATTEST:
24
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26 Janet M. Prainito, CMC
27 City Clerk
28 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:\CA\Ordinances-Comp Plan Amendment (Recreational Surface Water Policies).doc
- 2 -
DEVELOPMENT DEPARTMENT
PLANNING &: ZONING DIVISION
MEMORANDUM NO. PZ 09-056
TO:
FROM:
Chair and Members
Planning and Development Board
Hanna Matra~'~
Senior Planner . vJcV
Michael W. Rump/-i\.T
Director of Planning and Zoning
THROUGH:
DATE:
August 11, 2009
PROJECf NAME/NUMBER:
Comprehensive Plan Text Amendments
Recreational Surface Water Use Policies
CPTA 09-001
REQUEST:
Request to amend Policy 1.3.1 of the Future land Use Element;
Request to add policies to the Coastal Management Element;
Request to add a policy to the Intergovernmental Coordination
Element.
INTRODUCTION
Staff is proposing a set of text amendments to the City of Boynton Beach Comprehensive Plan.
The proposed amendments pertain to recreational surface water uses and specifically support
economic development and natural resource preservation. The amendments would affect the
Future land Use, Coastal Management and Intergovernmental Coordination elements.
Specifically, staff proposes: (1) amendment to Policy 1.3.1 of the Future land Use Element to
add marine-oriented and water-dependent uses to uses allowed in the Special High Density
Residential Use category in conjunction with the Palm Beach County Manatee Protection Plan (the
MPP); (2) addition of four policies to the Coastal Management Element adopting the MPP by
reference, establishing siting and other guidelines applicable to marinas, boat ramps and other
water-dependent uses, and committing the City to preservation of its two existing working
waterfronts; and (3) addition of a policy to the Intergovernmental Coordination Element to
support the implementation of the MPP.
PROCEDURE
All amendments to adopted Comprehensive Plan policies are considered text amendments, and
are therefore "large scale amendments" by Chapter 163, F. S.. large scale amendments are
restricted to the twice-yearly amendment cycles and are transmitted to the Florida Department of
Community Affairs for review and comment prior to final adoption by the City Commission.
Page 2
File Number CPTA 09-001
Recreational Surface Water Uses
However, as per provisions of Chapter 163.3177(6)(g), amendments that include addition of
recreational surface water policies to the coastal management element of the Comprehensive
Plan are exempt from the twice per year limit. A preliminary review by DCA has confirmed that
the proposed amendments meet this criterion. Therefore, if approved for transmittal to DCA, they
will be submitted outside of the twice-a-year cycle. The amendment process will otherwise
conform to all state law provisions regarding large scale amendments,
Adoption of the proposed amendments is tentatively scheduled for late November or early
December of this year.
PROPOSED TEXT
Proposed changes are shown in underlined text.
FUTURE LAND USE ELEMENT
Policy 1.3.1 (a)
Addition of text following the list of uses allowed in the residential land use category.
In addition to other allowed non-residential uses, the City may allow marine-
oriented and water-dependent uses in the Special Hiah Density Residential categOry
in con1unction with the Palm Beach County Manatee Protection Plan (the MPPl. A site
for a proDOsed facility must be desianated as "Dreferred" by the Boat FadUty Siting
Plan contained in the MPP and must be consistent with all aDDlicable Plan
recommendations and DOUdes for boat facilities.
COASTAL MANAGEMENT ELEMENT
Addition of a policy to Objective 7.10, which reads: "The City shall continue to protect, conserve
and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and
marine habitats'~
Policy 7.10.11 The City shall abide by the 2007 Palm Beach County Manatee
Protection Plan herein adopted by reference and shall SUDDOrt the
County's efforts to Drotect manatees and their habitats.
Addition of policies to Objective 7.11, which reads: "The City shall continue to search for
opportunities to increase the amount of water-dependent and water-related uses and public
access to beach and shoreline facilities by prioritizing shoreline uses with priority given to water-
dependent uses'~
Policy 7.11.6 The City and the Boynton Beach Community RedeyeloDment AgenCY
shall continue to seek funding for. and to imDlement improyements to
Dreserve the City's two existin9 DubUc waterfronts: Boynton Harbor
Marina and the Boat Club Park. The imDroyements are intended to
maximize DubUc access to watelWays for boating and fishing and
imDroye amenities.
Page 3
File Number CPTA 09-001
Recreational Surface Water Uses
Policy 7.11.7 The City shall ensure that a.ny new marina or marina exoansion
minimizes impacts on coastal and marine resources bV coordinating
review of marina develoDment with input frolJ1 aU a~prooriate
federal. state. regional. and county aeencies. The City shall establish
land develoDment regulations revarding marina sitinq consistent
with the Palm Beach Countv Manatee Protection Plan.
Policy 7.11.8 The Citv shall only allow for ICJqJtion of marinas. boa~ ramDS and other
water-dependent uses in a manner which orotects seagrass and
manatees. Upon the siting of ~h water-ca.pendent uses. the City
shall continue to im9lement adequate provisions to protect seaarass
and manatees such as. but n.ot limited to. miniml-- dredaing.
marking navi9ation channels. sUD,porting boat speed restrictions.
soeed zone enforcement.. information and restridive a..n-, and
construction standards so as to not entraD manatees or danwoe
seagrass. To further this goal. new mil"JUlS shall 9ftlv be Dermitted
within the areas identified as a "Preferred" sIti" catacJorv in
accordance with tile Palm Beach County Manatee Protection Plan.
INTERGOVERNMENTAL COORDINATION ELEMENT
Addition of a policy to Objective 8.13, which reads: "The City shall maintain avenues of
coordination with those agencies, departments and entities that assist in the development and
maintenance of a high quality natural environment based on the preselVation, improvement, and
wise management of local existing natural resources.
PoliCY 8.13.6 The CiW shall SVppo~ the implementa19n of tJte P-'m Beach County
Manatee Protection Plan. and coordinate with the Countv on all issues
r89arding comDliance with the MPP's Boat Facility Siting Plan.
ANALYSIS
Background
The proposed amendments are consistent with the 2006 provisions of Chapter 163.3177(6)(g),
Florida Statutes, that encourage local governments to include in the coastal management
element recreational surface water policies that incorporate applicable criteria for, and consider
such factors as natural resources, manatee protection needs, protection of working waterfronts
and public access to the water, and recreation and economic demands. The amendments are
also consistent with the 2005 provisions to Chapter 163.3177(6)(a), which require that the
coastal management element include the strategies that will be used to preserve recreational and
commercial waterfronts.
In all coastal communities, public water access can provide recreation to residents, promote
tourism, and support business and jobs. The above quoted amendments to Florida Statutes
reflect the recognition by the state leadership of the significant economic benefit the marine
Page 4
File Number CPTA 09-001
Recreational Surface Water Uses
industry can represent to these communities. The Marine Industries Association of Palm Beach
estimated that in 2005, the marine industry in Palm Beach County generated over 18 thousand
jobs and had an annual economic impact of nearly $2 billion.
Preservation of Existin9 WorkinG Waterfronts
The City currently has two "recreational and commercial working waterfronts" as defined by
s.342.07(2), Florida Statutes, These are the Boat Club Park with a boat ramp and the Boynton
Harbor Marina, formerly known as the Two Georges Marina. The Community Redevelopment
Agency purchased the marina in 2006. Basic renovations were completed in 2007; phase two
improvements will make the marina more user and pedestrian-friendly. To support the
restoration efforts, the CRA received $2 million in Palm Beach County bond money earmarked to
help preserve public waterfronts, The Boat Club Park improvements are planned for the fall of
2009.
Proposed policy 7.11.6, which upholds the City's commitment to preserve and improve both
facilities, meets the requirement of Chapter 163,3177(6)(a) pertaining to preservation of
recreational and commercial waterfronts.
New Water-Deoendent Uses
In addition, the amendments address potential development of new marinas, boat ramps and
other water-dependent uses. The main requirement underlying the proposed new policies
pertains to siting of new facilities. Siting would have to comply with the Boat Facility Siting Plan
(BFSP), incorporated into the Palm Beach County Manatee Protection Plan (MPP). The MPP was
approved by the Palm Beach County Board of County Commissioners on August 21, 2007. The
goal of a boat facility siting element of an MPP is to reduce the potential for manatee/watercraft
interaction and impacts to important manatee habitat.
The BFSP does not prohibit development of marinas or boat ramps, but allows new facility siting
and/or expansion of existing facilities in a manner consistent with the protection of manatees and
their habitat. Depending on the relative risk of manatee/boat interactions, the BFSP assigns five
major categories to coastal waterways of Palm Beach County: (1) Unrestricted; (2) Preferred; (3)
Conditional; (4) Non-Preferred; and (5) Exclusionary. The BFSP maps (figures 44a-e) show the
pattern of the above categories along the coastal areas in the Palm Beach County. Most of the
Boynton Beach coastal zone has been assigned to a "Conditional" category. The only exception is
the City's small northern-most coastal area, which is labeled as "Preferred" (see Exhibit A). This
area extends from the northern boundary of the city to the southern boundary of the Boat Club
Park, for about 0.6 miles. As per the BFSP, "Preferred" locations are appropriate for the
development of all types of boating facilities, but specific recommendations regarding the density
of the boat slips and trailer parking spaces at boat ramps apply. There are also standards that
apply to all multi-slip facilities regardless of category.
The proposed policies would limit siting of any new marinas, boat ramps and other similar water-
dependent uses to the City's coastal area designated as "Preferred". Currently, the subject area
exhibits a mix of land use designations, with roughly 65% of land in residential categories (Low,
High and Special High Density), 30% in Recreational category (the Boat Club Park and
Intracoastal Park) and 5% in the Local Retail Commercial Category. At present, only the Local
Retail Commercial category allows commercial marinas and boat storage; Recreational category
Page 5
File Number CPTA 09-001
Recreational Surface Water Uses
allows for water-dependent uses as part of the "park and recreational facilities" category, both
public and private. The proposed amendment to Policy 1.3.1 would also allow the marine-
oriented and water-dependent uses in the Special High Density Residential land use category.
Staff will also draft corresponding land development regulations for concurrent processing with
the ultimate adoption stage of the subject text amendments. The Code amendments would
include applicable development standards, and provisions to address and mitigate any potential
negative visual and non-visual impacts, such as noise and traffic, on the surrounding residential
areas.
RECOMMENDATION
The proposed text amendments meet the requirements and the recommendations of Chapter
163.3177 and 163.3178, Florida Statutes, and will support marine-oriented and water-dependent
uses relative to natural resources, manatee protection needs, and recreation and economic
demands. Therefore, staff recommends that:
1. The Planning and Development Board recommend approval of the proposed
amendments; and
2. The City Commission, acting in its capacity as the Local Planning Agency, approve the
amendments for transmittal to the Florida Department of Community Affairs for their
review and comment.
ATTACHMENTS
S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 09-001 MARINAS\STAFF REPORT CPTA 09-00l.doc
#
EXHIBIT A
"Preferred" Boat Siting Designation in Boynton Beach
Palm Beach County Manatee Protection Plan
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
~ Seotember I, 2009 August 17, 2009 August 12, 2009 August 10, 2009
0 Seotember 15, 2009 August 31, 2009 August 26, 2009 August 24, 2009
0
0
0 AnnouncementslPresentations ~ City Manager's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Comoliance & Leeal Settlements 0 Unfinished Business
0 Public Hearine 0
RECOMMENDATION: Remove from table: "Discuss award of the bid for construction of Congress Avenue Barrier Free
Park". Discuss disposition of park project. Staff is recommending a one year deferral of this project at this time.
EXPLANATION: At the May 19, 2009 Commission meeting the City Commission tabled this item until such time that
budget discussions were concluded (August). Bid prices were extended until August 31,2009 and a second extension of
thirty days maintains the bid pricing until September 30,2009. As the Commission considered various budget scenarios
certain capital projects were identified to be removed and/or deferred from our Capital Program, including this project. Due
to the current economic climate and financial challenges the City and Commission face staff is recommending this project be
deferred for one year.
PROGRAM IMP ACT: If the project were deferred until next budget year we would lose only one of the three grants that
have been awarded to the City. However, deferral beyond the one year will cause us to lose all three grant awards
($485,611), We have entered into agreements but have not received any funding as of this time. By revisiting the funding
availability in FY20 1 0/20 11, the L WCF grant for $200,000 and the PBC grant for $150,000 could be saved; in addition new
funding opportunities may be available. The Boynton Beach Foundation will be established by then and the new Board of
Directors would be focusing on fundraising and grant opportunities to support this project. We would only lose the FRDAP
grant for $135,611 (the lesser of the awards) with the one year deferral.
FISCAL IMPACT: To date, approximately $500,000 has been spent on design of this project. Should the project be
deferred for one year then the remaining $2.4 million allocated in the General Fund CIP can be utilized to assist in offsetting
general fund expenses. This offset has already been factored into the budget models presented by City staff for the
Commission's consideration, Perhaps next year with the combination of favorable bid pricing on this and the Beach
Boardwalk project, deferral ofNauticalMeadows Park, etc, there may be Park Impact Fee funding available to cover the
majority of the remaining construction costs for Phase I of the Park. Additionally, if necessary staff may be able to scale back
the original plans of Phase I and shift more to Phase II. These are all considerations that staff recommends we revisit during
next year's budget cycle.
ALTERNATIVES: 1) Defer the project funding for one year (staff recommendation) and revisit funding availability in CIP
in FY 2010/2011; 2) Maintain funding for the project in the CIP and move forward with bid award for Phase I construction of
the project; 3) Defer this project indefinitely.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
< ' AGE~DA ITEM REQUEST1.. RM
-;xlA-' da,; ~~g.-
Department Head's Signature City anager's Signature
Assistant to City Manager dcf--
City Manager's Office
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
~..... . ,
'\ r:Y
t,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. - NEW BUSINESS
ITEM B.
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
19,2009
D June 16, 2009
D A ril 21, 2009
D 5,2009
st 4,2009
Jul
D June 2, 2009
Jul
D AnnouncernentslPresentations ~ 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: Discuss award of the bid for the construction of Congress Avenue Barrier
Free Park in the amount of$ 1,925,000 to Ocean Gate General Contractors, Inc. (Ocean Gate). The
total cost of construction is $1,925,000 plus a 10% contingency for a total project cost of$2,117,500.
EXPLANATION: At the May 5,2009 Commission meeting the contract award with Ocean Gate was
tabled to determine whether or not the bid price could be extended until August to allow the
Commission further opportunity to consider the CIPlPark Development projects in concert with the
regular budget review process. Budget workshops are scheduled for July. It is anticipated that a final
decision on the park projects can be made by August, 2009.
Ocean Gate was contacted and has offered to extend the current bid price through August 31, 2009
(letter attached) to allow the Commission time to move forward with their budget discussions. Staffhas
further researched the possibility of allocating Park Impact Fee (PIF) funds to augment the construction
of the park. There is approximately $914,946 in undesignated funds available in the PIF fund. Exhibits
A&B outline funding alternatives.
PROGRAM IMPACT: Deferral of the contract with Ocean Gate until August will have no
programmatic impact other than the delay the start of the project.
FISCAL IMPACT: Further delay beyond August would likely cause the City to lose at least one grant
and possibly all three. As a reminder, the annual maintenance costs for Congress Avenue Phase I will
not impact the projected budget. No additional staff or equipment will be required. The total fiscal
impact depends on which alternative is selected. See below alternatives.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. ." rr...,\ .... r,.\ '( c, .~
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, 2 C,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: (1) Enter into a contract with Ocean Gate for the construction of Congress
A venue Barrier Free Park as currently bid (Exhibit A) - Est. transfer to
General Fund - $307,500
(2) A ward the project using $900,000 from the Park Impact Fee Fund
(Exhibit B) - Est. transfer to General Fund - $1,693,111
Note: For purposes of analysis, staff also reviewed the fiscal impact of
deferring actual construction of Nautical Meadows Park and allocating the
$540,000 in PIF to further offset construction costs for Congress A venue.
Staff is proposing to move forward with the design of NauticalMeadows
and will be presenting the contract award recommendation to the
Commission on June 2, 2009 - Est. transfer to General Fund -
$2,248,111
(3) Do not construct the project - Est. transfer to General Fund $2,500,000
(4) Table the award of contract to Ocean Gate until August at which time the
Commission will have completed its' budget review and can move
forward with a decision.
;!~- ct V~~~
Department Head's Signature
~~ahrre
Assistant to City Manager
~
Recreation and Parks
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
Congress Avenue Barrier Free Park
Alternative #1 - Continue with project as planned and award construction contract
Project Budi!et:
Original Project Budget
$2,900,000
$- 400,000
DesignlPermitting Fees
Project Acct. Balance
$2,500,000
Project Bid Price
- $1,925,000
- $192,500
Less 10% contingency
Less Foundation funding
75,000
Undesignated Bal./Cost Savings
$ 307,500 (transfer back to General Fund)
EXHIBIT B
Congress Avenue Barrier Free Park
Alternative #2 - Allocate $900,000 from the PIF fund account to offset project cost.
Fundin2 Source:
Savings from favorable bid (Exhibit A)
$ 307,500
Use Impact Fees
$ 900,000
Total Grant Award
$ 485,611
Total Funding Sources
$ 1,693,111 (transfer back to generalfund)
MAY-12-200S 14;56
Oceangate G.C,
772 283 1638
r.OOI
" The City of
!!!lJptton BeaI:h
~~
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FAX: f$6/) 742-431'
""...
May 7. 2009
Oecan Gale GenctaJ Colltnlctors. IlK.
Alln: Marc MacDonald
2854 S.E. Federal Highway
Sroan, Pi 349947
REFERENCE: "CONSTRUCTION OF CONGRESS A VENtJJ: BARRIER. FREE-
PLAYGROUND"
BID NUMBER: 017-27J0..4)9/JA
J)earMl'. MacOonald:
YO\IJ' proposal for the referenced bid will exprre on May 11, 2009. Therefore, the City i~
R:Questina that you extend your bid JJl'OPORl al AugUJt 31, 2009.
.Please il1dica~ your response nn the following page and fax it back to ~t Services at.
(561) 742-6316. or mail to: City of Boynton Beach Procurement Services. P.O. Box 310,
Bo)"11ton B~.. FL 33425-0310 at your ett1\~ oonvenicncc. Ifyo\l ~hQuld Mve any queations,
please feel free to call Janet Allc:m. Bu.ycr at (561) 742~322.
Sincerely,
Carol Doppler, CPPB
Purobaslng AlJent
Ija
c; Jo01 Rivers - PIIl'ks Superintendent
Wally Majors - Reacation IIDd PIJ'b DUcetor
Cemral File
File
~..~,...a~
MAY-12-2009 14:59
Oceangate G.C.
772 283 1538
P.DOl.
NAME OF BID: "CONSTR,UcnON OF CONGRESS AVENUE BAlUUER FREE
PLAYGROUND"
BIDtO]7~273o-M/JA
Agreement between the City ofBO)'Dton Beach, Owner; and
~N ~'J'E GENERAL CONTRACI'OIlS.INC.
(Company's Name)
RKlen$lon Period: May 12,2009 until August 31,2009.
~ Yes, 1 agree to extend the existiDg bid proposal under the same Terms and Conditions.
t.lJ2tiJ AUS\lSt 31, 2009.
_ No, 1 do nor wish t(l renew the contraCt at this time.
a~ &4-k~~dJ..
E OF COMPANY 81
tJ!L~ rJI!IlQ.~~~l {j)f-<-~ I U---
NAME OF REPRESENTATIVE TITLE
(please priDl)
Df- lIe> r
"77l.. 2'63 (p 71 ~ .
(AREA CODE) 1UEPRO NUMBER
A_Ift"~..C___
TOTAL P.002
'.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO&.u
IX. - CITY MANAGER'S
REPORT
ITEM B
I Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Form Must be
Meetina Dates in to City Clerk's Office Turned in to Lell:a1 Turned in to Procurement
181 September I, 2009 Aull:Ust 17, 2009 Aull:Ust 12, 2009 Amrust 10, 2009
0 September 15, 2009 Aull:Ust 31,2009 AUlmst 26, 2009 AUlmst 24, 2009
0 AnnouncementslPresentations 181 City ManlU!:er's Renort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent AlZenda 0 Lell:a1
0 Code Compliance & Lell:a1 Settlements 0 Unfinished Business
0 Public Hearinll: 0
RECOMMENDATION: Consider this information as a continuation of General Fund budget discussions held at the City
Commission Budget Workshops on July14-16 and the July 21 Commission meeting.
The revised worksheets represent updated information from receipt of the COPS Grant, updated state revenue projections and other
data not available at the Budget Workshop in July. It also factors a recommendation made at the July 21,2009 City Commission
meeting for further budget cuts beyond those addressed and approved at the Budget Workshop.
The intent of this report is to update the General Fund Budget in advance of the first public hearing on the budget scheduled for
Monday, September 14,2009, at 6:30 PM.
EXPLANATION: Resulting from the budget workshops and discussions at the Commission meeting, staff modified the budget
models reflecting alternate ad valorem tax rates. Two models were deleted from further consideration.
. Model #2 - 7.1794 Midpoint Rate
. Model #4 -7.7742 Rolled-Back Rate
Three models, each with separate alternatives that reflect additional cost cutting measures identified by the Commission and the
City Manager, follow for further comparison and consideration.
. Model #1 - 6.4553 Current Rate
. Model #3 - 7.3000 City Manager Recommended Rate
. Model #5 -7.3000 Commission Approved Tentative Rate
The attached Exhibits (A-G) reflect the General Fund Revenue and Expenditure Summary of the chronological sequence of the
budget recommendations, alternatives and adjustments to balance the budget as follows.
Exhibit A - General Fund Revenue & Expenditure Summary
Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
This Exhibit summarizes the initial budget presentation to the City Commission with two models. Model # 1 maintains the
current millage of 6.4553 and Model #3 is the City Manager's recommendation millage of7.3000. The only differences are -
. Total ad valorem taxes levied
. Resulting tax revenue for the City and the CRA
. Projected initial deficit at alternate tax rates before recommendations to balance the budget
Several items to note are -
. The City is fairly reliant on property taxes at 48% of total funding sources
. Transfers from other funds include $6.05 million from the Public Service Tax Debt Service Fund.
o While the Public Service Tax is general revenue of the City, it is first pledged for debt service on outstanding
bonds secured by this revenue source.
o If the City were to issue added bonds secured by public service taxes (versus ad valorem taxes) to finance
major capital projects such as the Police building, this transfer would be reduced in future years by the
annual debt service required to repay those bonds.
. Expenditures are recommended at $71.9 million under both models
o This amount is after two rounds of reductions prior to further recommended reductions
o Compared to the current year's $74.0 million budget, it represents an overall 2.9<<'10 decrease
. The projected initial deficits before budget balancing options at the bottom of Exhibit A are carried forward to the top
of each of the following Exhibits B-E as the amount to reduce in order to balance the budget at the final tax rate.
o $10.8 million at the current 6.4553 tax rate
o $7.9 million at the initially recommended tax rate
Agenda Item Request - Sep 1, 2009 (Budget Discussions)
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Exhibit B - City Manager Recommendations to Balance the Budget Prior to July 14-15 Budget Workshop
Pre-Workshop Options to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit represents the City Manager's original budget reductions presented at the beginning of the Budget Workshops in
July. The onlv differences are-
. Model #1 contains recommendations for
o $0.775 million 2% across the board pay cut subject to collective bargaining agreements (CBA)
o $1.346 million in program cuts and the elimination of 22 positions
. Model #2 contains a recommendation for
o $0.348 million to add six (6) firefighters to fully cover the opening of Station #5
. Both Models contain
o A $1.2 million reserve to reinstate the 15 Police Officers that were not included in the recommended Police
budget included on Exhibit A.
o The initial $1.1 million estimated amount of the grant that is needed to reinstate the 15 Officers.
Several items to note including those at the bottom of this Exhibit and others are-
. The reduced transfer of $1.2 million from the Capital Projects Fund is not considered for proceeding with Congress
A venue Park (Boundless Playground) as it was only included with Model #4 Rolled Back Rate. At this point, all
Models recommend deferring the project.
. The projected ~ at alternative tax rates
o Model # 1 - $1.2 million
o Model #2 - $1.6 million
. A surplus is left in each of the Models at this point for two reasons.
1. To provide the Commission the option modifY the funding sources or expenditure levels
2. To further reduce the tax rates under each Model
Exhibit C - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Workshop & 7/21/09 Commission Meeting Options to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit adds Model #5 representing all recommendations to consider resulting (as noted) from the Budget Workshop and
those added at the July 21 Commission meeting. These recommendations are also now included with Models #1 & #2 except
for the following:
. 25% reductions ($55,000) for business meetings, publications, and memberships since reductions were previously
made in these accounts during the second round of City Manager reductions as mentioned under Exhibit A.
. Eliminate Deferred Compensation ($123,000) representing all funds (General Fund is $100,000). While this does not
directly impact salary, it is part of setting the salary level upon the hiring not only of department heads, but also key
personnel, where the benefit is common in many local governments and needed to attract top candidates to the City.
The amount is not taxable to the recipient and the City saves payroll taxes on the amount. To achieve an equal net
amount of salary, between 25-30% would need to be added to the salary amount. Further, the Deferred Compensation
is considered by the City Attorney to be a condition of employment.
. Library Tech Specialist ($51,300) while currently vacant, it is critically needed after the opening of the new Library
and the addition of many computers to serve the public.
Several items to note included at the bottom of this Exhibit are -
. The projected surolus at alternative tax rates
o Model #1 - $1.9 million
o Model #3 - $2.7 million
o Model #5 - $2.9 million
Agenda Item Request - Sep 1,2009 (Budget Discussions)
'.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Exhibit D - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Recent Options (Cumulative) to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit provides an overall view of all identified revenue/expenditure adjustments from the point of the original budget
models that were presented (pre-workshop) through several items known or recommended since the July 21, 2009 Commission
meeting. As noted on Exhibit D, they include the following with (a) positive numbers reducing the tax rate impact and (b)
negative numbers increasing the tax rate impact.
. Removal of the reserve for the COPS grant and the related 15 Police Officers and adding the following.
o $ 617,000 - COPS grant awarded for 8 of the 15 Police Officers
o $(554,000) - The budgeted cost of the 8 Police Officers
o $(522,000) - The budgeted cost of the 7 Police Officers not included subject to Commission approval
. $(200,000) - Reduction of the latest estimates of State Shared Revenues (Sales Tax)
. $( 10,000) - Reduction of 4 Day Work Week savings with the decision not to contract further for custodial care
. $(250,000) - Reduction of Position Vacancy Factor resulting from the deletion of 10 vacant positions
. $ 31,899 - Elimination of a vacant Fire Inspector position
. $ 47,920 - Elimination ofa vacant Community Service Officer position
. $(772,000) - Addition of a contingency equal to 2 mills for unknowns especially future revenue reductions
Several items to note included at the bottom of this Exhibit are -
. The projected swplus at alternative tax rates
o Model #1 - $0.4 million
o Model #3 - $1.2 million
o Model #5 - $1.4 million
Exhibit E - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Budget Adjustments Considered to Date to Set Ad Valorem Tax Rate & Balance the Budget
This Exhibit E serves as a summary of all potential budget adjustments to date. It -
. Begins with the Projected Surplus at Alternate Tax Rates with the COPS Grant on Exhibit B prior to the Budget
Workshops to balance the initial projected deficit under each of the Models.
. Lists only the additional options pursuant to the Workshops & 7/21/09 Commission Meeting as listed on Exhibit C.
. Lists only the recent options subsequent to those previously considered as listed on Exhibit D.
Several items to note included at the bottom of this Exhibit are -
. The projected ~ at alternative tax rates that are the same as shown on Exhibit D.
o Model #1 - $0.4 million
o Model #3 - $1.2 million
o Model #5 - $1.4 million
. The resulting reduced tax rate if the swplus is eliminated at the amounts noted above. For instance, the tax millage
rates would be reduced as follows under each Model.
o Model #1 - 6.4553 to 6.3440
o Model #3 -7.3000 to 6.9869
o Model #5 - 7.3000 to 6.9275
Exhibit F - Potential CIP $ Available for Transfer to General Fund
Projects Increased Debt Service
This Exhibit lists -
. The capital projects recommended for removal from the FY 2009-2010 and FY 2010-2011 Capital Improvement Plan
to transfer available funds to the General Fund to assist in balancing the budget.
. The potential annual debt service required to repay bonds required to finance a new Police facility. The increased debt
service reduces Public Service Taxes available to the General Fund in FY 2009-2010, FY 2010-2011 and thereafter
for the life of the bonds that are commonly 20 years. At this point, neither the scope of the project, the amount of
required financing, or the annual debt service is determined. The lower portion of the Exhibit only makes certain
assumptions at this point.
Exhibit G - FY 2009-2010 Budget Summary
This Exhibit summarizes the budget in comparison to FY 2008-2009 prior to the further recommendations contained in the
prior exhibits to balance the budget. The General Fund comparisons further summarizes the comparison on Exhibit A.
Agenda Item Request - Sep 1, 2009 (Budget Discussions)
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: Model #3 and Model #5 have reduced impact on operating programs. However, capital programs a..
impacted with the cutting and deferral of capital projects listed on Exhibit F.
FISCAL IMP ACT: Each Model notes the fiscal alternatives and the resulting ad valorem tax rate to balance the budget. The First
Budget Hearing is scheduled for Monday, September 14,2009 at 6:30 p.m. Staff seeks any further recommendations from the
Commission in order to prepare a final budget recommendation for the First Budget Hearing.
ALTERNA T~ES~; Each ~~.del provides alteroative, fo' the commission"2? ion. . ),
ii/;. J:. 1/ · ~ l-~
, .~ c..- ./ ~ fJ J." ""'" . .-/' /l-( "'"
~. e artment Head's Signature City Manager's Sign,a e
Department Name
City Attorn
City Manager's Office
Agenda Item Request - Sep 1, 2009 (Budget Discussions)
r rn-'
Exhibit A
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CITY OF BOYNTON BEACH
General Fund Revenue & Expenditure Summary
Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Ex
Based on 6-26-09 Final Taxable Values
Model #1 Model #3
CUrTent Rate City Mgr Recom
6.4663 7.3000
venues & Transfers In: % of Total
Total Ad Valorem Tax Revenues (Net of Discounts' 48.0% $ 29,322 000 $ 32,755,000
Less TIF to CRA -6.7% $ (4,064,000) $ (4,596,000)
Net Ad Valorem Tax Revenues to the City 41.3% $ 25,258,000 $ 28,159,000
Other estimated Revenues:
Franchise Fees 7,9% $ 4,820,000 $ 4 820,000
Licenses & Permits 3.7% $ 2,257 000 $ 2,257,000
Intemovemmental Shared Revenue 10.9% $ 6 667 000 $ 6,667,000
Chames for Services 8.2% $ 5 020,000 $ 5 020,000
Interest & Other Revenues 1.9% $ 1,148,000 $ 1,148,000
Total Other Estimated Revenues: 32.6% $ 19,912,000 $ 19,912,000
Transfers From Other Funds
Local Option Gas Tax Fund 1.1 % $ 650,000 $ 650,000
Recreation Programs Fund 0,2% $ 95,000 $ 95,000
Public Service Tax Debt Fund 9.9% $ 6,050,000 $ 6,050,000
Fire Assessment Fund 5.7% $ 3,457,838 $ 3,457,838
WaterlSewer Utility Fund 7.4% $ 4,500,000 $ 4,500,000
Golf Course Fund 0.1% $ 45,000 $ 45,000
Solid Waste Fund 1.5% $ 930,000 $ 930,000
Memolial Park Fund 0.0% $ 12,000 $ 12,000
CommunIty Trust Fund 0.3% $ 200,000 $ 200,000
Total Transfers From Other Funds 26.1% $ 15,939,838 $ 15,939,838
Total EstImated Revenues & Transfers From Other Funds 100.0% $ 61,109,838 $ 64,010,838
Il8ndltures & Transfers Out: FY 08~9 Ok Change
DeDartment Exll8ndltures (After CItv Manaaer Reductionsl Budget From 08~9
City Commission $ 423,814 -40.0% $ 254,365 $ 254.365
City Manaoer $ 639,605 -0.6% $ 635,769 $ 635 769
City Hall I General Fund Wide Costs $ 1,917,260 -17,0% $ 1,591,754 $ 1 591 754
Public Affairs $ 182,064 -17.1% $ 150,888 $ 150 888
City Clerk $ 558,899 2.3% $ 571,989 $ 571,989
Financial Services $ 1 247,864 -0.1% $ 1,247,164 $ 1,247164
Information Techno1OOV $ 1 866,388 -2.7% $ 1,816,072 $ 1,816072
Geoaraohicallnformation Services $ 430,164 -0.5% $ 428,004 $ 428,004
Human Resources $ 1,045,986 -3.1% $ 1,013,947 $ 1,013,947
Oraanization & Strateaic Develooment $ 198,891 -17.1% $ 164,790 $ 164,790
City Attorney $ 480,375 -2,3% $ 469,106 $ 469,106
General Government Total $ 8,991,310 -7.2% $ 8,343,848 $ 8,343,848
Police $ 24,321,550 -2.4% $ 23,744,483 $ 23,744 483
Code Comoliance $ 1,261,445 -8.3% $ 1,156323 $ 1 156323
Communications $ 2,384,971 -10.8% $ 2,126,823 $ 2,126,823
Animal Control $ 201,023 -4.9% $ 191,200 $ 191,200
Fire $ 18,713,899 2.5% $ 19,180,394 $ 19180394
Emergency Management $ 116,300 -2.5% $ 113,430 $ 113,430
Public Safety Total $ 4&,999,188 -1.0% $ 4&,512,653 $ 4&,512,653
Develooment-Sunoort $ 412,826 2.9% $ 424,665 $ 424,665
Buildina $ 2,368,088 -17.9% $ 1,944,952 $ 1,944 952
Plannina & Zoninn $ 991,450 -4.6% $ 945,674 $ 945,674
Business Tax $ 297,936 2.1% $ 304,248 $ 304,248
Development Total $ 4,070,300 -11.1% $ 3,619,539 $ 3,619,539
Public Works Administration $ 296,412 0.8% $ 298,809 $ 298,809
Facilities Manaaement $ 2,009,496 -3.3% $ 1,943,393 $ 1,943 393
Streets Maintenance $ 1,175,287 -5.8% $ 1,106,907 $ 1,106 907
Enaineerina $ 937,154 -2.8% $ 911,146 $ 911,146
Forestry & Grounds $ 1,824,643 -6.5% $ 1,705,836 $ 1,705,836
Public Works Total $ 6,242,992 -4.4% $ 5,9&6,091 $ 5,9&6,091
Librarv $ 2,600,620 -1.6% $ 2,558,701 $ 2,558,701
Recreation $ 2,771,735 -4.2% $ 2,654,395 $ 2,654,395
Parks Maintenance $ 2,324,939 -1.9% $ 2,280,440 $ 2,280,440
Leisure Services Total $ 7,697,294 -2.6% $ 7,493,536 $ 7,493,536
Total Recommended Expenditures $ 74,001,084 -2.8% $ 71,935,667 $ 71,935,667
Re
Projected Initial Surplus (Deficit) at Alternate Tax Rates
1$
(10,825,829)1 $
(7,924,829)1
S:\FinancelBudget 2009-2010\ I 3 Budget Options @ 6.4553 Current Rete & 7.3000 Preliminary Rate (8-24) I A-Revenue, Exp & Prelim Deficit
Exhibit B
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CITY OF BOYNTON BEACH
City Manager Recommendations to Balance the Budget Prior to July 14-15 Budget Workshop
Pre-Workshop Options to Set Ad Valorem Tax Rate & Balance the Budget
Based on 6-26-09 Final Taxable Values
Model #1 Model #3
Cunent Rate City Mgr Recom
6.4553 7.3000
Projected Initial Surplus (Deficit) at Alternate Tax Rates
1$
(10,825,829)1 $
(7,924,829) I
Added Transfers In From (Out to) Other Funds
AoDroDriation (Reduction) of General Fund Balance $ 3,500,000 $ 3,500,000
Transfer from Fleet Fund $ 1,500,000 $ 1,500,000
Transfer from CaDital Proiects lODtion ATDefer Boundless Playaround $ 3,144,000 $ 3,144,000
Transfer from Capital Projects (Option B) Proceed with Boundless $ - $ -
($1,200,000 reduced transfer recommended onlv with Model #4 - 7.7742 Rolled-Back Rate)
Additional Transfer Solid Waste Fund $ 1,500,000 $ 1,500,000
Transfer Out to Debt Service Fund for Police Station (1/2 Year in FY 2009-10) $ (1,188,000) $ l1,188,000'
Added Revenues
EMS Billina Revenue Increase (Use of Collection Aaencv) $ 400,000 $ 400,000
Take Home Car Reimbursements $ 45,000 $ 45,000
EnemY Block Grant $ 75,000 $ 75,000
Librarv FineslAveraae Annual Revenues) $ 30,000 $ 30,000
Reduced Exoendltures
2% Pav Cut Across Board - subiect to CBA $ 775,923 $ -
Reduce two holidavs (President's DsvlXmas Eve)~OT cost reduced $ 95,000 $ 95,000
4-DavWorK Week $ 150,000 $ 150,000
Mat Packaae Chance - end buyout of 4 days leave $ 172,000 $ 172,000
End lonaevitv Proaram (General Fund share onlv- total is $117,000) $ 72,500 $ 72,500
Telephone Audit $ 50,000 $ 50,000
Out of State Travel $ 10,000 $ 10,000
Position Vacancy Factor - General Fund $ 500,000 $ 500,000
Proaram Cuts Staff Cuts
Public Affairs Proaram - Cut 1 $ 134,000 $ -
Buildina DeDartment Cuts 1 $ 68,101 $ -
Enaineerina Staffina Cuts 1 $ 75,000 $ -
Custodial Service Outsourced 3 $ 202,678 $ -
Animal Control to County 3 $ 192,160 $ -
Fire Prevention Program Cutback 1 $ 55,000 $ -
Code Compliance Cutback 1 $ 55,000 $ -
Library Proaram Cutbacks 2.3 $ 67,868 $ -
Recreation Proaram/Facilitv Cutbacks 2 $ 106,844 $ -
StOP Head Start Subsidy - $ 28,000 $ -
StoD Children's Museum Subsidy 1/2 year 1.5 $ 112,000 $ -
ShODDer HODDer/After School TransDortation 5 $ 250,000 $ -
Proiected Sumlus (Deficit) at Alternate Tax Rates S 1.352.246 $ 2.130.671
Add Back 15 Police Officers if Grant Awarded 15 $ (1,200,000 $ (1,200,000\
COPS Grant $ 1,100,000 $ 1,100,000
Add Six Additional Fire Fighters - Full Coveraae Station 5 $ - $ (348,697)
Proiected Sural us (Deficit) at Alternate Tax Rates wi COPS Grant 37 $ 1.252 246 $ 1.681,974
S:\Finance\Budget 2009-2010\3 Budget Options @ 6.4553 Current Rate & 7.3000 Preliminary Rate (8-24)B-Pre WOrkShop Options
Exhibit C
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CITY OF BOYNTON BEACH
Pro'ected Initial Surplus (Deficit) at Current & Preliminary Tax Rates
Workshop & 7/21/09 Commission Meeting Options to Set Ad Valorem Tax Rate & Balance the Budget
68S8CI on na 1 axaDle values
Model #1 Model #3 I Model #6
WIth 7121109 Commlaalon MeetIng
Cummt Rate City Mgr Recom I Comm. Workshop
6.4663 7.3000 7.3000
Projected Inltfal Surplus (DefIcit) at Alternate Tax Rates
Is
(10,825,829)1 s
(7,924,829) I s
(7,924,829) I
Add Transfers In From Other Funds
Transfer from AnDroDriation (Reduc:tion) of General Fund Balance $ 3,500,000 $ 3,500,000 $ 3,500,000
Transfer from Fleet Fund $ 1,500,000 $ 1,500,000 $ 1,500,000
Transfer from CaDital Proiects (Option A) Defer Boundless Plavaround $ 3,144,000 $ 3,144,000 $ 3,144,000
Transfer from Solid Waste Fund-Additional Transfer (Increased to $2,430,000\ $ 1,500,000 $ 1,500,000 $ 1,500,000
Transfer from Fire Assessment Fund-(Increased to $3,798,000\ WorkShOD Addition $ 339,698 $ 339,698 $ 339,698
Less Transfers Out to Other Funds
Transfer Out to Debt SeMce Fund for Police Station (Est. 1/2 Year in FY 2009-10\ $ (1,188,0001 $ (1,188,000\ $ 71.188.00m
Added Revenues
EMS Billino Revenue Increase (Use of Collection Aaencv1 $ 400.000 $ 400,000 $ 400.000
Take Home Car Reimbursements $ 45.000 $ 45,000 $ 45,000
Enerav Block Grant $ 75,000 $ 75,000 $ 75,000
Librarv Fines (Averaae Annual Revenues) $ 30,000 $ 30,000 $ 30,000
Less (Incl'8lUl8d) ExaendltuNS that will Increase DefIcit
Add 6 Fire Fiahters - Station 5 - Covered By Fire Assessment WOrkshoD Addition $ (340,626\ $ (340,6261 $ 1340,626\
Add Reduced ExD8ndltuNS to Decrease DefIcit
2% Pay Cut Across Board - subiect to CBA $ 775,923 $ - $ -
Medical Dental & Vision Savinas Adiusted from Oriainal Estimate WOrkShOD Addition $ 380,215 $ 380,215 $ 380,215
Reduce two holidays (Presidenrs DaYlXmas Eve)-QT reduction $ 95.000 $ 95,000 $ 95,000
4-0av Work Week - utilities & Vehicle Maintenance $ 150,000 $ 150,000 $ 150,000
Manaaement Packaae Chanoe - End buyout of 4 days leave $ 172,000 $ 172,000 $ 172,000
Other Reduc:tions-Commission Rodriauez Reduced @ 25%
Business Meetinos 7/21/09 Addition $ - $ - $ 20,822
Publications 7121/09 Addition $ - $ - $ 12,986
Membershios 7/21109 Addition $ - $ - $ 20,874
Eliminate Deferred Comoensation @ 100% 7/21/09 Addition $ - $ - $ 123,000
End Loriaevitv proaram (General Fund share only - Total is $117,000\ $ 72,500 $ 72.500 $ 72,500
TeleDhone Audit $ 50,000 $ 50,000 $ 50,000
Out of State Travel $ 10,000 $ 10,000 $ 10.000
Chanae CitY Manaaer Admin Secretarv to .50 FTE WorkshOD Addition $ 17,025 $ 17,025 $ 17 025
Chanae DeveloDment Office Assistant to .50FTE WOrkShOD Addition $ 13,703 $ 13,703 $ 13,703
Delete BOB National Site Consultant WOrkshOD Addition $ 1,000 $ 1,000 $ 1,000
Position Vacancy Factor - General Fund Only $ 500,000 $ 500,000 $ 500,000
Delete 8 Vacant Positions
ElectJician - Public Works Shared 50% with utilities 7/21/09 Addition $ 39,550 $ 39,550 $ 39,550
Sr. Crew Worker - Public Works 7/21/09 Addition $ 37,932 $ 37,932 $ 37,932
Sr. Crew Worker - Public Works 7/21/09 Addition $ 37,932 $ 37,932 $ 37,932
Parks Maintenance Womer - Recreation 7121/09 Addition $ 35,921 $ 35,921 $ 35,921
Custodian - Public Works 7121/09 Addition $ 31,899 $ 31,899 $ 31,899
Fire Insaector - Fire 7/21/09 Addition $ 58,042 $ 58,042 $ 58,042
Librarv Tech Soecialist - Librarv Shared with ITS 7/21/09 Addition $ - $ - $ 51,300
Parks Maintenance Worker - Public Works 7121/09 Addition $ 35,921 $ 35,921 $ 35,921
prooram & Resultina Staff Cuts (Filled Positions)
Public Affairs Proaram - Cut $ 134,000 $ - $ -
Buildina DeDartment Cuts $ 68,101 $ - $ -
Enaineerina Staffina Cuts $ 75,000 $ - $ -
Custodial Service Outsourced $ 202,678 $ - $ -
Animal Control to County $ 192,160 $ - $ -
Fire Prevention Proaram Cutback $ 55,000 $ - $ -
Code ComDliance Cutback $ 55,000 $ - $ -
Librarv Proaram Cutbacks $ 67,888 $ - $ -
Recreation ProaramlFacilitv Cutbacks $ 106,844 $ - $ -
StOD Head Start SubsidY $ 28,000 $ - $ -
StOD Children's Museum Subsidy 112 year $ 112,000 $ - $ -
Shopper Hopper / After School Transportation $ 250,000 $ - $ -
Projected Surplus (DefIcit) at Alternate Tax Rates $ 2,040,458 S 2,818,883 $ 3,047,865
Add Back 15 Police Officers $ (1,200,000 $ (1,200,000 $ (1,200,OOOl
COPS Grant $ 1,100,000 $ 1,100,000 $ 1,100,000
Prolected Surolus (DefIcit) $ 1 940 458 $ 2,718 883 $ 2 947 865
S:\Finance\Budget 2009-2010\3 Budget Options @ 6.4553 Current Rate & 7.3000 Preliminary Rate (8-24)C-Workshop Options
Exhibit D
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CITY OF BOYNTON BEACH
Pro ected Initial Surplus (Deficit) at Current & Alternate Tax Rates
Recent Options (Cumulative) to Set Ad Valorem Tax Rate & Balance the Bud
_on ""
Model '1 MocIeI A I Model H
nnn I...ana
Current Rate City Mgr RecoIn I Comm. Workshop
6.45113 7.3000 7.3000
Projec:t8d Initial SurplUII (DefIcit) at Altern'" Tax Rates
$
(10,826,829) $
(7,924,829) $
(7,924,829)
Add Transfers In From other Funds
Transfer from . . n IReduction) of General Fund Balance 1.5 Yrs Availability $ 3500,000 $ 3 500,000 $ 3,500,000
Transfer from Fleet Fund 1 Yr Availabilitv $ 1,500,000 $ 1,500,000 $ 1,500,000
Transfer from CaDital Proiecta lQolion A\ Defer Boundless P1avaround 2 Yrs Availability $ 3,144,000 $ 3,144,000 $ 3,144,000
Transfer from Capital projects (Option B) Proceed with Boundless Playground 2 Yrs Availability $ - $ - $ -
Transfer from Solid Waste Fund-Addltional Transfer Ilncressed to $2,430,000\ 1 Yr Availabilitv $ 1,500,000 $ 1,500,000 $ 1,500,000
Transfer from Fire Asamt Fiiiid=lincressed to $3,798,000\ Annual Availabilitv $ 339,698 $ 339,698 $ 339,698
L_ Transfers Out to other Funds
Transfer Out to Debt Service Fund for Police Station (Est. 1/2 Year in FY 2009-10\ $2.4 M Thereafter $ 11,188,000 $ 11,188,000) $ (1,188,000
Added Rewn...
EMS Bllina Revenue IncreasiTulI8 of ColIeclion ADency) $ 400,000 $ 400,000 $ 400,000
Take Home Car Reimbursements $ 45,000 $ 45,000 $ 45,000
Enerov Block Grant $ 75,000 $ 75 000 $ 75,000
libnlly Fines (Aver8DJ8 AnnUlll Revenuesl $ 30,000 $ 30,000 $ 30,000
COPS Grant (For 8 Police Olfioers \ for 3 vears Added $ 617,000 $ 617,000 $ 617,000
L_ Reduced ~ that win 1_ DefIcit
State Shared Revenues Added $ (200,000 $ 1200,000 $ 1200,000
l.Ha 1 I ""nMldlturw that w1l1lnc_ DefIcit
Add Back 8 Police 0I'fl0ers f1nc1uded in COPS Granll Added $ 1554 000 $ (554,000 $ 554,000
: IncIucIeClln COPS Grant Note 1) $ 522 000\ $ 1522,000 $ 522,000
Add 6 Fire Fiahterll - SlaIion 5 - Covered BY Fire Assessment $ 340 626 $ .1340 626 $ 1340,626
Add Reduc:ecl .... to Dec_ DefIcit
2% Pay Cut Aaoaa Board - au- to CBA $ 775,923 $ - $ -
Medical. 0enIIII & Vision S&vinaa Adiusted from Drioinal Estimate $ 380,215 $ 380,215 $ 380,215
Reduce two hoIidavll (PreBldent's DavIXmas Evel-OT reduction $ 95,000 $ 95,000 $ 95 000
4-DaY Work Week - UtiIItIeII & Vehicle Maintenance Note 2\ $ 140,000 $ 140,000 $ 140,000
Ma~nt Packaae Cha...... - End b.NOUt of 4 dayS leave $ 172,000 $ 172,000 $ 172,000
Other Recluc:\ions.Commisllion Rodriouez Reduced a 25%
BusiIMlllll MeeIinalI $ - $ - $ 20,822
Pulllications $ - $ - $ 12,986
MembershlOll $ - $ - $ 20 874
EUminata Deferred Com"""satIon /Ill 1 00% $ - $ - $ 123,000
End lOlllMVitv Proaram-CGeMraI Fund share only - Totel is $117,000\ $ 72,500 $ 72,500 $ 72,500
TeIeohone Audit $ 50,000 $ 50,000 $ 50,000
Out of State Tl'lIveI $ 10,000 $ 10,000 $ 10,000
Chance City Ma~r Admin Secretarv to .50 FTE $ 17,025 $ 17,025 $ 17,025
Cha Ol'/ioe Assistant to .5OFTE $ 13,703 $ 13703 $ 13,703
0eIete BOB NatlonaI Site Consultant $ 1,000 $ 1000 $ 1,000
Position VACAfIOI Factor - General Fund Only Note (3) $ 250,000 $ 250,000 $ 250,000
0eIete 10 V_nt POIIitiona (2 Added)
Eleclrician - Public Wort<s Shared 50% with Utilities $ 39,550 $ 39 550 $ 39,550
Sr. Craw Worker - Public Works $ 37,932 $ 37 932 $ 37,932
Sr. Craw Worker - Public Wort<s $ 37,932 $ 37,932 $ 37,932
Parks Maintenance Worker - Recreation $ 35 921 $ 35,921 $ 35,921
Custodian - Public Wort<s $ 31,899 $ 31,899 $ 31,899
Custodian - Public Works Added $ 31,899 $ 31,899 $ 31,899
Fire Inllll8Ctor - Fire $ 58,042 $ 58,042 $ 58,042
librarY Tech Snedalist - libnlrv Shared with ITS $ - $ - $ 51,300
Parks Maintenance Worker - Public Works $ 35,921 $ 35,921 $ 35,921
Communitv Service Officer Added $ 47,920 $ 47,920 $ 47,920
proaram & Resullino Staff Cuts (21 FilIecI Positionsl
Public Affairs Proal'llm - Cut $ 134,000 $ - $ -
Buildino Oeoartment Cuts $ 68,101 $ - $ -
Enaineerina StaIYlna Cuts $ 75,000 $ - $ -
Custodial Service Outsouroed $ 202,678 $ - $ -
Animal Control to Countv $ 192,160 $ - $ -
Fire PnIVtII1tion Proaram Cutback $ 55,000 $ - $ -
Code Comolianoe Cutback $ 55,000 $ - $ -
library proaram Cutbacks $ 67,868' $ - $ -
Recreation Proal'llmIFacilitv Cutbacks $ 106,844 $ - $ -
StoD Heed Start Subsidy $ 28,000 $ - $ -
StoD Children's M~m Subllidv 1/2 vear $ 112,000 $ - $ -
Shopper Hopper / After School Transportation $ 250,000 $ - $ -
Projected Surplus (DefI lit Alternate To: Rates
l_ (2110 MI. . $772,000)
Pro ectad Su UII DefIc After A11ow1 for ContI en
$
$
$
2,208,&84
(772,000)
1 &84
N<<e~
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S:\Finance\BudgeI2009-2010\3 Budget Options @6.4553 Current Rate & 7.3000 Preliminary Rate (8-24)D-Post Workshop Options
Exhibit E
.
CITY OF BOYNTON BEACH
Projected Initial Surplus (Deficit) at Current & Prelimlna Tax Rates
Bud et Ad ustments Considered to Date to Set Ad Valorem Tax Rate & Balance the Bud et
on n8
Model'"
Cumlnt Rate
6.4653
Projected Initial Surplus (Deficit) at Alternate Tax Rates 1$ (10,825,829)1 $ (7,924,829) $ (7,924,829)
Projected Surplus (Deficit) at Alternate Tax Rates wI COPS Grant r (Exhibit B) 1$ 1,252,246 $ 1,681,974 $ 1,681,974
After Total Initial Recommendations Prior to the July 14-15 Commission Workshop I
Commission Workshoo & 7121109 Commission Meetina Potential Adjustments
Add Transfers In From Other Funds
Transfer from Fire Assessment Fund for 6 Firefiahters WOrKshoD Addition $ 339 698 $ 339 698 $ 339 698
less (Increasedl Exoendltures that will Increase Deficit
Add 6 Firefiahters - Station 5 - Covered Bv Fire Assessment WOrkshoD Addition $ 1340 626) $ 1340 626\ $ 1340 626
Add Reduced Ex-.mltures to Decrease Deficit
Medical Dental & Vision Savinos Adiusted from Oriainal Estimate WOrKshoD Addition $ 380.215 $ 380215 $ 380215
Reductions Pro Commissioner Rodriauez
Business Meetinos 7121109 Addition $ - $ - $ 20 822
Publications 7121109 Addition $ - $ - $ 12 986
MembershiDs 7121109 Addition $ - $ - $ 20874
Eliminate Deferred Comoensation lfil1oo% 7121109 Addition $ - $ - $ 123 000
Chanae CitY Manaaer Admin Secretarv to .50 FTE WOrKshoD Addition $ 17 025 $ 17025 $ 17025
Chana. Develooment Office Assistant to .50FTE WorkshoD Addition $ 13703 $ 13703 $ 13703
Delete BOB National Site Consultant WorkshOD Addition $ 1000 $ 1000 $ 1000
Delete Vacant Positions Prooosed by Commissioner Rodriauez
Electrician - Public Works Shared 50% with Utilities 7121109 Addition $ 39 550 $ 39 550 $ 39 550
Sr. Crew Worker - Public Works 7121/09 Addition $ 37 932 $ 37 932 $ 37 932
Sr. Crew Worker - Public Works 7121109 Addition $ 37 932 $ 37 932 $ 37 932
Parks Maintenance Worker - Recreation 7121109 Addition $ 35 921 $ 35 921 $ 35 921
Custodian - Public Works 7121109 AdditiDn $ 31 899 $ 31 899 $ 31 899
Fire Insoector - Fire 7121109 Addition $ 58 042 $ 58 042 $ 58 042
Ubrarv Tech Soecialist - Ubrarv Shared with ITS 7121109 Addition $ - $ - $ 51 300
Parl<s Maintenance Worker - Public Works 7121109 Addition $ 35.921 $ 35.921 $ 35,921
Projected Surplus (DefIcit) at Alternate Tax Rates r exhibit C $ 1,940,458 $ 2,370,186 $ 2,599,168
CIfv ""nAllAr R_nmm"n~ ........---ents After Commission Wnrkshnn & 7121/09 Cnmml....,on M-inn
Added Revenues
COPS Grant (For 8 Police Officersl $ 617000 $ 617 000 $ 617 000
less Reduced Revenues that will Increase Deficit
State Shared Revenues $ (200 000 $ 1200 000 $ f200 000
Less tlnc.-.d\ Exoenclltures that will Increase Deficit
Add Back 8 Police Officers (Included in COPS Grant) $ 1554 000 $ (554 000 $ (554 000
Add Back 7 Police Officers lNot Included in COPS Grantl Note (1) $ (522 000 $ 1522 000 $ 1522 000
Add Reduced &-ndltures to Decrease DefIcit
4-0av Work Week - Utilities & Vehicle Maintenance Note (2) $ (10000 $ (10 0001 $ (10000
Position Vacancy Factor Note (3) $ (250 000 $ (250 000 $ 1250 000
Delete Vacant Positions
Custodian - Public Works $ 31 899 $ 31 899 $ 31 899
Community Service Officer $ 47920 $ 47 920 $ 47 920
Eliminate Prior Reserves Pendina Resolution (Addressed Above'
Add Back 15 Police Officers $ 1 200 000 $ 1,200 000 $ 1 200 000
COPS Grant $ (1,100000 $ (1 100000) $ 11 100000
AcId Six Additional Firefighters - Full Coveraae Station 5 $ - $ 348 697 $ 348 697
Current Prolected SurDius IDeficlt\ at Alternate Tax Rates $ 1,201 2n $ 1.979702 $ 2.208 684
Less Contingency (2110 Mill = $n2,ooo) Note (4) $ (n2,ooo) $ (772,000) $ (772,000)
Proiected Sumlus IDeficltl After Allowing for Contingency I exhibit 0 $ 429,277 $ 1,207,702 $ 1,436.684
Alternate Tax Rates I 6.4553 I 7.3000 I 7.3000
Tax Rate Imnac:t of Ellminatina Prolected Sumlus (Deflcltl After A1lowlno for Continaencv I -0.1113 I -0.3131 I -0.3725
Resultino Tax Rate I 6.3440 I 6.9869 I 6.9275
Note (1) Reinstatement of 8 Police officers not covered bv the COPS arant needs aODroval
Note (2) Amount will decrease bY aDDroximately $10 000 bY continuina with City custodial staff vs. contracted services
Note (3) Reduced from $500,000 due to added vacant oositions eliminated
Note 141 At. this ODint the 2/10 mill continaencv reoresents unknowns such as added ooerating or caDitaJ reauests or further revenue reductions.
S:\Finance\Budget 2009-2010\3 Budget Options @ 6.4553 Current Rate & 7.3000 Preliminary Rate (8-24)E-Options Changes
'ij, 111
Exhibit F
e
CITY OF BOYNTON BEACH
Potential CIP $ Available for Transfer to General Fund
Potential Increased Debt Service
T
Recommended Reduction
Option A Option B
Defer Proceed With
Boundless Boundless
Playground Playground
$ 110,000 $ 110,000
$ 250,000 $ 250,000
$ 200,000 $ 200,000
$ 143,000 $ 143,000
$ 625,000 $ 625,000
$ 400,000 $ 400,000
$ 2,400 000 $
$ 50,000 $ 50,000
$ 300,000 $ 300,000
ransDo Ion
Wayfinding Sianaae $ 140,000 $ 140,000
Ocean Avenue Streetscape $ 90,000 $ 90,000
Ocean 95 South Access Route $ 1,500,000 $ 1,500,000
Sidewalks-GatewaylFEC tracks $ 250,000 $ 250,000
Total CIP Funds Potentially Available for Transfer $ 6,458,000 $ 4,058,000
Annual Transfer Recommended From CIP Fund to General Fund
IFY 2009-10 Transfer
IFY 2010-11 Transfer
IAnnual Difference of the Two Options
Debt Service for Police Dept Buildina
Assume $30.000.000 l& 9% Total (Principal & Interest) Annual Debt Service
$
$
$
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Exhibit G
.
CITY OF BOYNTON BEACH
FY 2009-2010 Budget Summary
2008-2009 2009-2010
Adopted Proposed % Change
Amount Amount
Prooosed Budaet:
Total All Funds $ 167,992,740 $ 142,643,001 -15.1%
Ma'or Ooeratina Funds (Public Services):
General Fund (See Below) $ 74,001,084 $ 71,935,667 -2.8%
Utility Fund $ 35,443,618 $ 33,055,253 -6.7%
Solid Waste Fund $ 9,437,308 $ 8,509,564 -9.8%
Cal itallmorovements
General CIP Fund $ 12,966,300 $ 2,845,500 -78.1%
Fire Assessment Fund $ 9,449,034 $ 3,957,838 -58.1%
Where the General Fund money (lees:
Public Safety:
Police $ 24,321,550 $ 23,744,483 -2.4%
Fire $ 18,713,899 $ 19,180,394 2.5%
Other $ 3,963,739 $ 3,587,776 -9.5%
$ 46,999,188 $ 46,512,653 -1.0%
Leisure Services:
I Recreation & Parks $ 5,096,674 $ 4,934,835 -3.2%
Library $ 2,600,620 $ 2,558,701 -1.6%
$ 7,697,294 $ 7,493,536 -2.6%
Public Works $ 6,242,992 $ 5,966,091 -4.4%
General Government $ 8,991,310 $ 8,343,848 -7.2%
Development $ 4,070,300 $ 3,619,539 -11.1%
ITotal General Fund $ 74,001,084 $ 71,935,667 -2.8%
Chanaes: Basic services retained.
CM recommends emoloyee pay freeze for 2009-2010,
10 unfilled positions not recommended for 2009-2010,
Utility rates cut by 7%
Property Taxes:
Tax Rates
General Fund 6.4553 7.3000 13.1%
Bond Fund (G.O. Bonds paid off) 0.0250 0.0000 -100.0%
Total Tax Rate 6.4803 7,3000 12.6%
Tax Amounts
General Fund
General Fund
7.3000
6.4553
$ 35,013,460 $ 32,755,348
$ 35,013,460 $ 29,322,000
-6.4%
-16.3%
To keep the millage rate at 6.4553, the property tax ravenues will be reduced from $35,013,460 to
$29,322,000; a 16.3% revenue reduction of $5691,460.
S:\Finance\Budget 2009-2010\ \ 3 Budget Options @ 6.4553 Current Rate & 7.3000 Preliminary Rate (8-25) \ G-Budget Summary Items
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM C.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
.rx1 Seotember I, 2009 August 17, 2009 August 12, 2009 August 10, 2009
[J Seotember 15, 2009 August 31, 2009 August 26, 2009 August 24, 2009
[J 1'31
C'""I ~~
\.0 ::::4,K
0 -;::. -<(~~
'I
0 AnnouncementslPresentations 181
NATURE OF 0 Administrative 0
AGENDA ITEM 0 Consent A enda 0 Le al
0 0 Unfinished Business -.I
0 Public Hearin 0
<n c;;
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RECOMMENDATION: Motion to approve recommendation for Historic Preservation Ad Hoc Committee
EXPLANA TlON: At the July 21, 2009 City Commission meeting, staff brought forward an informational report on
establishing a Historic Preservation Ordinance for the City of Boynton Beach, Members of the Commission voted
unanimously to direct staff to begin the process of creating a Historical Preservation Ordinance and program by establishing a
Commission appointed Ad Hoc Committee.
The purpose and responsibilities of the Ad Hoc Committee would be to:
· Identify and update historic resources within the city boundaries of Boynton Beach.
· Identify funding sources.
· Complete the application process for a Certified Local Government.
· Organize public workshops to secure public input for the creation of a Historic Preservation Ordinance.
· Work with city staff liaison.
Interested persons who wish to participate on the Ad Hoc Committee are as follows:
Barbara Ready - Arts Commission Chair - Boynton Beach resident
Amy Alvarez - Historic Preservation Planner, City of Delray - Boynton Beach resident
Warren Adams - Exec. Director for the Broward Trust for Historic Preservation - Boynton Beach resident
Janet DeVries - City of Boynton Beach Historical Archivist, Library
Linda Stabile - Retired owner of the "Art Deco House" (PBC Historic Register) - resides in unincorporated Boynton Beach
John McGovern - Exec. Dir. Elder Affairs for Broward County - Library Advisory Board member - Boynton Beach resident
Allan Hendricks - Landscape Architect - Green Community Alliance member - Boynton Beach resident
PROGRAM IMP ACT: The creation of a Commission appointed Ad Hoc Committee would further along the process toward
creating a comprehensive Historic Preservation Ordinance by securing community support, creating a current mapping of
historic resources, and identifying possible funding mechanisms.
FISCAL IMPACT: None at this time, with the exception of staff hours needed to assist the Ad Hoc Committee.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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AL TERNA TIVES: 1. Not to appoint an Ad Hoc Committee, 2. Not to appoint an Ad Hoc Committee from the provided list
of interested persons and actively recruit for members. \
i-f1~ -
City Manager's Signa~J ..J
Assistant City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
Weiland recalled his remarks that the process should be delayed. Vice Mayor Hay reClsserted
there was no immediate need to decide the issue.
Motion
Vice Mayor Hay moved to table the discussion until after the City budget. Commissioner Ross
seconded the motion. The motion passed unanimously.
Commissioner Rodriguez inquired if applications and resumes were being received. Mr,
Bressner contended it was important that resumes be attached.
Mayor Taylor countered that the application had not been approved so there is no application,
C. Historic Preservation Ordinance
Ms. Lejeune reviewed the information submitted by staff on establishing a historic preservation
ordinance and becoming a certified local government for historic preservation, The alternatives
were to proceed with establishing an ordinance, or not proceed, or continue with the review
from Planning and Zoning relying on the Land Development Regulations and not apply as a
certified local government. Staff was not making a recommendation at this time,
Commissioner Rodriguez questioned the impact on the property owner of a historic site. Mr.
Rumpf replied it would depend on the parameters of the ordinance, The suggestion was made
to create a Historic Preservation Board to review the alternatives and bring recommendations to
the Commission. The present Land Development Regulations apply to non-residential properties
that are pending development or redevelopment and references a list. It does not encompass
the residential properties of the historic base, Mr. Bressner commented there was a significant
amount of legislation relating to historic preservation and many cities have done significant
research on the development of their ordinances that could be copied.
Barbara Ready, 329 SW 13th Avenue, encouraged the establishment of a task force that
would lead to an advisory board that could study the possibilities. The ordinance should fit the
needs of Boynton Beach. She pointed out becoming a certified local government would include
funding opportunities that require a meaningful historic preservation ordinance. Ms. Lejeune
added that any funding requires matching grants.
Vice Mayor Hay supported beginning the process for a historic preservation ordinance.
Commissioner Rodriguez reiterated that establishing an advisory board may be helpf'JI. Mr.
Bressner suggested an ad hoc committee with a specified time span would be advisable.
Motion
Vice Mayor Hay move to proceed with Option 1 using an ad hoc committee. Commissioner
Ross seconded the motion.
Mayor Taylor directed the appointments for the ad hoc committee be made by the Commission.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
The motion passed unanimously.
D. Policy Discussion on construction of a new police facility
Mr. Bressner cautioned debt service funds had not been budgeted. The current status and
design had not been determined. Mayor Taylor and Commissioner Ross were interested in
seeing the response received on the RFP issued. Vice Mayor Hay favored the RFP process
continuing.
Motion
Vice Mayor Hay moved to go forward with Option 2 to allow the RFP to continue "'lith no
obligation to accept proposals and decide at that time whether or not to go forward 'v~ith the
project. Commissioner Ross seconded.
Commissioner Weiland reiterated he did not feel it was the proper time to construct new
facilities. Commissioner Rodriguez contended with further reductions in the budget the new
police facility could still be viable. Commissioner Weiland asserted the millage could be lower if
there was more restructuring. Commissioner Rodriguez advised he was not in favor of any
increase in the millage rate.
The motion passed 4-1. (Commissioner Weiland dissenting)
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09jJA to Oce(jn Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2, 117,500j501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
1. Proposed Ordinance No. 09-003 Re: Approving a
request to annex the properties. (Sam's Club ANEX 09-001) (Tabled
on June 2, 2009)
19
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IX. - CITY MANAGER'S
REPORT
ITEM D
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
IZI Sentember 1, 2009 August 17, 2009 August 12,2009 August 10, 2009
0 Sentember 15, 2009 August 31, 2009 August 26, 2009 August 24, 2009
0
0
0 AnnouncementsJPresentations IZI City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Consideration of New Agreement with Quantum Community Development District.
EXPLANATION: On March 17,2009, the City Commission approved by unanimous vote the termination ofa
maintenance agreement between the City and the Quantum Community Development District (QCDD). A copy of the agenda
back-up and the minutes of the March 17,2009 City Commission are attached. Subsequent to the cancellation,
representatives of the QCDD objected and met with the City Attorney, Public Works Director and City Manager to determine
if the agreement could be renewed or amended in order to subsidize lost revenue to the QCDD. The staff proposal to the
QCDD for the City to assume street light maintenance on three streets and Gateway Boulevard (a public street) that serve
public buildings (High School, Fire Station and Tri-Rail Station) and has been accepted by the Board of the QCDD,
The City would assume the maintenance and power costs for a total of 135 street lights as follows:
Gateway Boulevard between the E-4 canal and High Ridge Road - 55 street lights
High Ridge Road North between Gateway Boulevard and the north boundary of QCDD - 19 street lights
High Ridge Road South between Gateway Boulevard and Park Ridge - 57 street lights
Park Ridge Boulevard ~etween High Ridge Road and Boynton Beach High School - 4 street lights
The addition of High Ridge Road South and Park Ridge Boulevard are included because there are two major public facilities
served by these roads: Boynton Beach Fire Station #5 and Boynton Beach High School. The balance of the QCDD street
system and street lights are private property and there are no public buildings served by these streets,
Based on cost data provided in a letter dated June 3, 2009 from QCDD, the assumption of these 135 street lights would save
QCDD an estimated $3,780/month or $45,360 on QCDD's annual street light power. The QCDD will also realize savings on
landscape maintenance being assumed by the City. This took effect with the cancellation of the 2001 agreement in March
2009.
UPDATE: On Thursday, August 20,2009 the Board of Directors of the QCDD met and rejected the City's counter offer,
The Board has requested that the City accept their proposal as contained in their letter of June 3, 2009 that essentially calls for
the City to take over FPL street light maintenance on all private streets in the QCDD. The dollar value of the take-over would
essentially match the revenue lost with the cancellation of the agreement in March.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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PROGRAM IMPACT: The City's General Fund budget would have to be increased by $46,000 to accommodate this
proposal. The budget already has included the costs associated with the City taking over the Gateway and High Ridge North
median landscaping irrigation system and replanting,
FISCAL IMPACT: See above discussion. The City's General Fund Budget must be increased by $46,000 with this
proposed agreement to take over the 135 street lights.
AL TERNA TIVES:
1. Do not approve a new agreement with QCDD and re-affirm the cancellation. - no additional funds need to be added
to budget. The City has budgeted $35,000 for the median maintenance and irrigation installation for the Gateway
and High Ridge North medians.
2. Accept the alternative agreement proposal from QCDD to take over street light maintenance for all streets in the
QCDD at total a cost of approximately $101,000, (This means that about $71,000 additional must be added to the
General Fund Budget). This includes $76,800 for the 229 FPL lights plus the cost of assuming the landscape
maintenance of the Gateway and High Ridge North medians.
3, Reinstate the terminated agreement with QCDD at a total cost of approximately $101,000. (this means that about
$71,000 additional must be added to the General Fund Budget)
0z~
Department Head's Signature
~
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City Manager's Signature/ ."
Assistant to City ManageF'~~
Public Affairs
Department Name
City Attorney / Finance
Attachments:
1. City Commission Minute Excerpts, March 17, 2009 - Agreement was terminated,
2. City Commission Agenda Item, March 17,2009 - Review and Recommendation to Terminate Agreement.
3. Letter dated June 3, 2009 from Bernard Conko, representing QCDD
4, E-mail to and from Bernard Conko dated August 24,2009 rejecting City's counter-proposal to take 135 lights,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, MARCH 17, 2009
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Woodrow l. Hay, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, Oty Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B, Invocation by Rev. Greg Fitch, Police Department Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay
Mayor Taylor called the meeting to order at 6:32 p.m. followed by an invocation given by
Commissioner Hay, who also led the Pledge of Allegiance to the Flag. Police Chaplain Fitch was
unable to attend.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Vice Mayor Rodriguez requested the addition of discussions on the Neighborhood Stabilization
Program and the Request For Proposal on the Police Station/City Hall. Mayor Taylor indicated
both items would be added under section, XI, New Business, Items A and B.
2, Adoption
Motion
Commissioner Weiland moved to approve the agenda as amended. Commissioner Ross
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross announced there was an opening for dtlzens to be added to the City's
Green Alliance, She encouraged participation and noted there was information on the web site
and a public service announcement also.
1
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 17, 2009
Mr. Goldman reiterated it was an arbitrary requirement and his client was the lowest bidder based
on all the information provided.
Commissioner Weiland summarized the bid package submitted by Master Excavators was
incomplete, Mayor Taylor pointed out that the contractor had admitted the papers he did not
submit were an oversight. Commissioner Ross indicated she understood the contractor's
frustration, The $90,000 is a significant difference and should be considered, if possible. Fairness
would be an Issue for every bidder if the bid award was changed, according to Commissioner
Weiland. Mayor Taylor noted it was the contractor's responsibility to submit a complete package.
Mayor Taylor directed public input would not be allowed. Commissioner Hay asserted the process
should be preserved and it would be unfair to the other bidders and create a precedent for future
bidders. Vice Mayor Rodriguez agreed; however, $90,000 was a great deal of money and in the
future the policy should be more flexible, Commissioner Hay indicated it should be the
responsibility of the contractor to submit a complete package, rather than the responsibility of
staff to verify complete information. Vice Mayor Rodriguez felt it was the obligation of the
Commission to save as much money as possible to ensure public safety. Commissioner Ross
agreed with Vice Mayor Rodriguez that staff should contact the contractor if information is missing
Mr. Bressner suggested a checklist be included for all the attachments and information to avoid or
reduce the opportunity for error. To re-open the bid information in the middle of the bid process
would result in many challenges and ultimately litigation. Adherence to the bid procedures is
necessary. Mayor Taylor concurred. Commissioner Ross suggested calls by staff for additional
information could be made after the lowest bidders were chosen. Attorney Cherof advised the
other bidders would then have recourse to challenge the award. In this case, it was narrowed
down to the three lowest bidders evaluated by staff and the consultant's detailed evaluation, A
detailed checklist is included in each package.
Motion
Commissioner Hay moved to deny the appeal. Commissioner Weiland seconded the motion. The
motion passed unanimously,
Motion
Commissioner Hay moved to reject the 14 highest bidders and award Bid #018-2821-09jJA,
Rolling Green Storm water and Water Main Improvement to Globetec Construction. Commissioner
Ross seconded the motion. The motion passed unanimously.
VI.F. Approve the termination of the Maintenance Agreement with the Quantum
Community Development District and the City of Boynton Beach for maintenance
services on Gateway Blvd. and High Ridge Road,
Commissioner Weiland indicated he had pulled the item for a citizen to comment.
9
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 17, 2009
Mike Ferguson, 500 South Federal Highway, requested the termination not be approved.
Financially, if approved, the City would Inherit maintenance of Gateway and High Ridge Road.
Besides cutting the grass, it would involve Irrigation pipelines, management and maintenance of
the pump stations and several special payments, The special payment would be moving the
street lights and the electric bill for the streetlights totaling $20,000 to $24,000 annually, There is
also a plan to resurface High Ridge Road for an expense of $30,000 to $40,000, The second
reason is fairness based on an agreement made in 2001 in the amount of $285,000. Mr.
Ferguson speculated it may cost the City more than it did the Property OWners Association (POA)
Mr, Bressner noted the 2001 contract did not include any reference to street lighting, only accent
lighting. The City would not be paying for any street lighting. Jeff Livergood, Director of Public
Works and Engineering, agreed that street lighting was placed on Quantum property and not the
right-of-way and was the responsibility of the PeA.
Mayor Taylor indicated currently the City is paying $83,171.20 annually and the first year $27,856
would be saved after the irrigation upgrades of $35,000. Subsequent years the City would be
saving approximately $72,000 a year, Mr. Livergood advised the cost of re-surfacing High Ridge
Road was the responsibility of the City and not part of the agreement.
Commissioner Hay recalled in discussions regarding another park, staff was unable to take on any
other duties, Mr, Livergood clarified that staff could oversee the private contractor that maintains
all the medians. Termination of the contract requires notice six months in advance of the fiscal
year, He reiterated the savings in time would be $70,000 to $80,000.
Motion
Commissioner Hay moved to terminate the maintenance agreement with Quantum Community
Development. Commissioner Ross seconded the motion, The motion passed unanimously.
VI.G. Accept the written report to Commission of purchases over $10,000 for the month
of February 2009.
Commissioner Hay requested clarification on the four categories and examples of personal
property, Barry Atwood, Director of Finance, responded personal property could be anything
purchased that would not be constructed; such is a mower for the golf course. Commissioner Hay
also requested a revision in the form and Mr. Atwood agreed to the change.
Mayor Taylor questioned why three AC units had to be replaced at the Hester Center. Paula
LeBlanc, Facilities Manager, responded to avoid closing parts of the Center when the units actually
failed, regular maintenance checks revealed replacement was needed.
Motion
Commissioner Hay moved to approve the written report to the Commission. Commissioner
Weiland seconded the motion. The motion passed unanimously.
10
VI.-CONSENT AGENDA
ITEM F.
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 Tumed
Meetin!! Dates in to City Clerk's Office Meeti"!! Dates in to Ci\y Clerk's Office
0 December 16, 2008 December I, 2008 (Noon) D February Ii, 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) [gI March 17,2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) 0 April 7,2009 March 16,2009 (Noon)
D 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: Motion to tenninate the Maintenance Agreement with the Quantum Community Development
District and the City of Boynton Beach for maintenance services on Gateway Boulevard and High Ridge Road.
EXPLANATION: On February 6,2001 the City of Boynton Beach entered in to a Maintenance Agreement (copy attached)
with the Quantum Community Development District (QCDD) for maintenance services on Gateway Boulevard and High
Ridge Road. This Agreement requires that the QCDD perform landscape maintenance of medians including various
coinponents of maintenance such as grass mowing, mulching, weed control and irrigation as outlined, The cost to the City
each year is based on 28.5% of the District's annual budget. Current quarterly payments are $20,792.80 for an annual total of
$83,171.20.
In an effort to reduce fiscal year budget expenses the Public Works Department has detemtined that the Forestry & Grounds
Division can significantly reduce the annual maintenance cost and provide the maintenance of the medians through utilization
of the maintenance bid currently in place with the City. The lowest annual cost proposal for maintenance of the medians
covering the same area is $10,314.70 annually, This is an annual savings of$72.856,50, A one time estimated cost of
$35,000 to the City would be needed for irrigation upgrades to ensure the City has control of the water flow for the medians
and the right of way. Additionally the City would be responsible for paying water usage for seven (7) medians at an estimated
$10,000 annually unless we are able to arrange withdrawal from the E4 Canal.
According to the Term's of the Agreement the City may terminate this Agreement at the end of any fiscal year, upon six (6)
months prior written notice. Staffis recommending tennination and would take over maintenance of the area beginning on
October 1,2009.
PROGRAM IMPACT: City would take over maintenance of medians utilizing the landscape maintenance contract. This
would allow better control of the area.
FISCAL IMPACT: First year estimated savings would be $27,856 ($lO,314Jannual contract maint. + estimated $35,000
inigation upgrades + estimated $lO,OOOJannual water usage minus $83,171 for District Agreement Fee).
Second year estimated savings would be $62,000 ($1 0,3l4/annual contract maint. + estimated $1 O,OOO/annual water usage
minus $83,171 for District Agreement Fee)
AL TERNA TIVES: Continue maintenance under the current Maintenance Agreement with Quantum Community
Development District.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
J
-:::if' ~/1
{ _0'---" . . .. J. L.~_-4'~_
., City Manager's Signature
Assistant to City Manager ~_
ignature
tvb\\ <- .vJl,<l(S
Department Name
City Attorney,' Finance
S:\BULLETIN\FORMS"'~GENDA ITEM REQUEST FORM DOC
-\
tf( 0/-0 <!
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT (the "Agreement") dated this :J.... -C--OI
day of January, 2001 (the "Effective Date") by and between CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, with otflces located at 100 E. Boynton Beach
Boulevard, "Boynton Beach, F10rida 33435, (hereinafter referred to as the "City"), and
QUANTUM COMMUNITY DEVELOPMENT DISTRICT, a Florida Independent Special
District, with offices located at 2500 Quantum Lakes Drive, Suite 101, Boynton Beach,
F10rida 33426, (hereinafter referred to as "District"), provides as follows:
WHEREAS, the District was created by the City of Boynton Beach, Florida, pursuant
to the Uniform Community Development District Act of 1980 (the" Act"), Chapter 190, Florida
Statutes, as amended, as a community development district for the purposes of managing the
acquisition, construction, maintenance and operation of a Planned Industrial Development also
known as Quantum Corporate Park; and
WHEREAS, the District is providing services and benefits of infrastructure without
charge to, and for the benefit of, the Boynton Beach High School in Quantum Park, and such
services and provisions are a benefit to the Boynton Beach Community; and
WHEREAS, Gateway Boulevard and High Ridge Road North of Gateway Boulevard
(hereafter all referred to as "Gateway") are public roads located within the District and are a
benefit to all the residents of the City; and
WHEREAS, the District has been providing the maintenance of Gateway; and
WHEREAS, the City bas agreed to take over responsibility for maintaining Gateway
subject and pursuant to the terms and conditions as provided for herein; and
WHEREAS, the City desires to have the District perfonn the required maintenance
services and to pay the District for such services as agreed to herein, and the District is willing
to provide such services pursuant to the terms and conditions as provided for herein; and
WHEREAS, the District has been providing these services since September 1, 1999, and
the parties also wish to provide for payment to the District for those services prior to the date
hereof.
NOW, THEREFORE, in consideration of the mutual covenants, understandings and
agreements contained herein, the City and District agree as follows:
SECTION I
RECITALS. The above recitals are deemed true and correct and are incorporated into
this Agreement and made a part hereof.
.'
SECTION n
DESCRIPI'ION OF GATEW.f\)'. The description of Gateway which is the subject of
this Agreement is described in EXHIBIT" A" attached hereto.
SECTION ill
DISTRI_CT'S MAINTENANCE RESPONSmILITIES. The District's maintenance
responsibilities are as follows:
(A) The District shall provide those maintenance services to be provided for Gateway,
including landscape, irrigation, drainage, and lighting ("Improvements") as described in
EXHIBIT "B" attached hereto (herein referred to as "Maintenance Services").
(B) The Maintenance Services shall be provided by the District in a competent and
professional manner using qualified and experienced employees or contractors, with such
frequency as is necessary and reasonable under the circumstances in order to ensure that the
Improvements are properly maintained and function in accordance with their intended purpose.
In addition, since the Improvements will require different types of maintenance, the maintenance
intervals and the time periods within which maintenance tasks must be performed by the District
shall be flexible and adjusted periodically depending on the condition of each Improvement and
its maintenance needs.
DISTRICT'S AND CITY'S :psPO~SIBILrrIES.
(A) The City shall provide all such cooperation and assistance as may be reasonably
required for District to perform. such Maintenance Services.
(B) The District shall provide a source of irrigation water adequate to meet the needs
of the landscaping within Gateway Boulevard.
(C) The City shall pay the District for the services described herein compensation
equal to 28.5 % of the District's budget each year payable on a quarterly basis in arrears within
thirty (30) days of the last day of each quarter of the fiscal year.
(D) Within five (5) days of the date hereof City shall pay District $87,361.55
representing the compensation to the District for maintenance services which were performed
from September 1, 1999 through September 30, 2000.
SECTION IV
COMPLIANCE WITH GOVERNMENTAL REGULATIONS. The Maintenance
Services to be provided by the District shall be carried out in compliance with all applicable
governmental entities' laws, permits, requirements, rules, acts, orders and/or regulations.
-Page 2-
.>
SECTION V
~ UPO}'tiRJa'J:l.lkl.RlfAlJL:r. The following remedies shall apply if the
District should default in carrying out the terms and conditions of this Agreement.
(A) In the event the District should fail to comply with the terms of this Agreement,
such failure shall be deemed a material breach of the Agreement, in which event, City shall
provide District with 30 days advance notice, specifying the breach,
(B) If the District, following receipt of written notification of default from City should
fail, refuse or neglect to furnish anyone or more of the required Services within thirty (30) days
from said notice, then in that event, City, at its sole discretion and without further notice, may
elect to terminate this Agreement,
(C) If the District fails to cure the breach, City may elect to take such legal or
admini~tive action against the District as City deems necessary in order to enforce the
District's obligation; provided, however, prior to City's initiation of any such action, City must
provide thirty (30) day prior written notice to the District of the alleged default. The District,
following the receipt of said notice, shall then have thirty (30) days from receipt of said notice
to take appropriate and substantive remedial action to alleviate the alleged default.
SECTION VI
R~Dm.." UPON CITY QlWAIdU If the City fails to comply with this Agreement,
then the District may declare this Agreement in default unless such default is cured within 30
days after written notice thereof to City. Upon default, the District may terminate this
Agreement a.tidIor take such further actions as provided by law.
SECTION vn
INDEMNIFI~ATIQN.
To the extent permitted by law, and without altering the District's immunity under
Section 768.28, Florida Statutes, the District does hereby indemnify and hold City harmless of
and from any and all loss or liability that City may sustain as may result from or arise out of
the District's wrongful acts. or omissions or failure to carry out its obligations under this
Agreement, with said indemnification and hold harmless to include, but not be limited to: (a)
direct costs and damages; and (b) any and all injuries and/or damages sustained by persons or
damage to property, including such reasonable attorney fees and costs (including appellate or
mediation) that may be incurred by City that relate thereto. Provided, however, it is understood
and agreed that this Section vn does not indemnify City for loss, injury, damages or costs
which are the result of the City's wrongful acts or omissions.
-Page 3-
INSURANCE.
".
"
"
During the performance of the Services under this Agreement, the District shl
the insurance policies written by an insurance company authorized to do business ir
set out in EXHIBIT "C" attached.
SECTION vm
TESM 0' TRlS AGREEMENT. The term of this Agreement shall commence as of
the date hereof and shall remain in effect for a period of twenty (20) years (the "Initial Term")
and shall renew automatically for twenty (20) year Additional Terms thereafter, unless
terminated by either party in writing six (6) months prior to the expiration of the Initial Term
or an Additional Term. In addition, the City may terminate this Agreement at the end of any
fiscal year, upon six (6) months prior written notice.
Upon the termination or expiration of this Agreement, the City shall thereafter be
responsible for performing and paying for the Maintenance Services as described herein.
SECTION IX
MISCELLANEOUS PROVISIONS.
(A) Notices. All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing (including telex, facsimile or E-Mail
communication) and shall be (as elected by the person giving such notice) hand delivered by
prepaid express overnight courier or messenger service, telecommunicated, or mailed (airmail,
if international) by registered or certified mail (postage prepaid), return receipt requested, to the
following addresses:
AS TO DISTRICT:
QUANTUM COMMUNITY DEVELOPMENT DISTRICT
2500 Quantum Lakes Drive #100
Boynton Beach, FL 33426
A IT: Chairman
Telephone:(561) 740-2447
FacsimJle:(561) 740-2429
CITY OF BOYNTON BEACH, FLORIDA
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
A 1'1': City Manager
Telephone: (S61)
Facsimile: (561)
AS TO THE CITY:
-Page 4-
If either party changes its ,mailing address or designated recipient for notices, such change
shall be communicated in writing to the other party within thirty (30) days of the change.
(B) Entire Aereement. This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof.
(C) Bjndiilg Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon. inure to the benefit of, and be enforceable by the parties
and their respective legal representatives. successors and permitted assigns.
(0) Assi2nabiHty. This Agreement may not be assigned. without the prior written
consent of all parties to this Agreement, provided such consent may not be unreasonably
withheld.
(E) Severability. If any part of this Agreement is contrary to, prohibited by or
deemed invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited or invalid. but the remainder hereof shall
not be invalidated thereby and shall be given full force and effect so far as possible.
(F) Governinll Law and Venue. This Agreement and all transactions contemplated
by this Agreement shall be governed by, construed and enforced, in accordance with the laws
of the State of Florida without regard to any contrary conflicts of laws principle. Veone of all
proceedings in connection herewith shall be exclusively in Palm Beach County, Florida. and
each party hereby waives whatever their respective rights may have been in the selection of
venue,
(G) Time or tbe J('~ee. Time is of the essence with respect to this Agreement.
(H) Rp.Adi~r~. The headings contained in this Agreement are for the convenience of
reference only. and shall not limit or otherwise affect in any way the meaning or interpretation
of this Agreement.
(1) Riehl of Remedies. The failure of any party to insist on a strict perfonnance of
any of the terms and conditions hereof shall be deemed a waiver of the rights of remedies that
the party may have regarding that specific instance only, and shall not be deemed a waiver of
any subsequent breach or default in any terms and conditions.
(1) Construction. The parties acknowledge that each has shared equally in the
drafting and construction of this Agreement and. accordingly, no Court construing this
agreement shall construe it more strictly against one party than the other, and every covenant,
term and provision of this Agreement shall be construed simply according to its fair meaning.
.Page 5-
(K) Counterparts. It.7is understood by all parties that this Agreement may be signed
in counterparts, each counterpart serving as an original and facsimile copies of this Agreement
and any signatures thereon shall be considered for all purposes as originals.
(L) Effective Date. This Agreement shall be effective as of the date that it is signed
by all parties hereto.
(M) Attorneys Fees. In the event a dispute should arise out of this Agreement, the
parties agree that the prevailing party in any such dispute shall be entitled to recover reasonable
attorney's fees and costs, including any such fees and costs incurred at any trials or appellate
levels.
Signed, sealed and delivered in the
presence of the following witnesses
as to the CITY:
~~___/.~~~/J
(Ilpatare)
...:suZANNE m. ~U~
(print name)
'~'~~:5~1-'~
,~1 Ht~ 4.f\/A/E .Sf1RR'7t-
r1nt.(.uae)
Signed, sealed and delivered in the
presence of the following witnesses
as to the DISTRICT:
&~ ';;f ~'
rei .
J~ e Tit- L. !;A I"V(...I
(print el
<--/l1~~~
/l1I4-Jt..v 4NA/erF;+A /(A-
,. (P~t nam:)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
profit CO~}~ / "-
BY: ~ ~
/Title: /7/Af".JJ.t!!.
APPROVEO AS TO FORM:
t{\~~~ W-~
CI ATTORNEY
QUANTUM COMMlJNITY
DEVELOPMENT DISTRICT, a Florida
Independent Special District
BY: 4.~~
'f(tle: '/11/"1.
-Page 6-
.-
STATE OF FLORIDA
)
ss:
COUNTY OF PALM BEACH )
I hereby certify that the foregoing instrument was aeIaatIIIIItIId before me this ~l.d~Y
of . t:t I} J., .;, I~'~i , 200tf, by 'Lt~1it _)i!" ' ,',.. as ~ of Th~.Gity of Boynton
Beach, Florida,la municipal co' ration on of the mUDidpaUty "J!etSbe iipenoDany
kfiOWn to me-pr has produced as identifieatiOD and did-(c1IGiiOfJ-fiKe an
'oatIL ..----'
,
Sign: ~(,.(...'&c'(<", k" J~L.u,.t.k_
Notary Public
Print:
IJ Barbara M. Madden
I ~~ # CC '780467
~.:l ~.M~~2
8J f\ ATlIlNTlC 80tmtNG co.. INC
My commf-OD expires:
STATE OF FLORIDA
)
ss:
COUNTY OF PALM BEACH )
I hereby certify that the foreaoiDg iDstrumeDt was aclmowled&ed before me this JL day
of Febni.ar'u____, 2oqt, by~ ~illito.~8S Presideut of Q.,.ntJ"" Community
De~ a Florida Indepelldent Spe&!IaJ DIstrict, on behalf of the District.
He/She is personally known to me fir' _ ,........ 8!ll.".atioB. and
...... (did u\lt) take an oath.
~d.m. ~
ot:ary Public
. ~nt!.+ M, rro...~n;io
My commission expires:
.WIlT M. flMHTO
~.. MY COWIIIllSIOIU CC 753915
. EXPIfB; "'-' 27. 2C02
1ondIcI1llftI...,....~
f:\ wpdocs\ltd\agreement\qcdd.mnt
-Page 7-
.. EXHIBIT "A"
DESCRIPTION OF "GATEWAY"
I. GATEWAY BOULEVARD
Gateway Boulevarq, f/k/aJ N.W. 22nd Avenue, as shown adjacent to and laid out on the
Plats of Quantum Park at Boynton Beach, Florida, as follows:
Plat Book Paies
Quantum Park at Boynton Beach P,LD. Plat No.1
Quantum Park at Boynton Beach P.I.D. Plat No, 2
Quantum Park at Boynton Beach P.I.D. Plat No.3
Quantum Park at Boynton Beach P.I.D, Plat No, 4
Quantum Park at Boynton Beach P.LD. Plat No.6
Quantum Park at Boynton Beach P ,1.D, Plat No.8
Quantum Park at Boynton Beach P.I.D. Plat No.9
57
57
60
57
57
57
60
182 and 183
184 and 185
29, 30 & 31
186, 187 & 188
191,192& 193
196 and 197
32 and 33
All of the above noted plats are recorded in the Public Records of Palm Beach County,
Florida.
II. mGH RIDGE ROAD (North of GATEWAY BOULEVARD)
All of Tract "Cn, as shown on the plat ofOllantum Park at BOYnton Beach. P.I.D. Plat
~ as recorded in Plat Book 57, Pages 196 and 197, of the Public Records of Palm
Beach County, Florida.
.' EXHmIT "8"
MAINTENANCE SERVICES
Tbe Maintenance Services to be provided for the improvements shall, as applicable, be as
follows: .
1. The provision of aD utiUtles, including but not limited to electridty, water
(either potable or reuse, as may be appropriate and authorized), sewer, telephone, trash
collection, trash disposal, and gas to the extent required to be used, expended or available
for tbe proper operation and maintenance of an Improvement.
2. The provision of lertlUzer, mulch, ed&iDI, ~., mowiDg, trimming,
thinninllt weecUng and pesticide treatment serrices as may be DeUS.,. and appropriate for
landscape improveaaeats, iDdudiq but not Umited to trees, sbnIbs and If01IIlCI cover,
together with theit replacemeDt wW1 compal'8IJle and suitaItIe IaDd&eapina if diseased, dying
or dead.
3. The provision of maintenance, ~ aad/or replaceD1ent services for
landscape irrigation system components, including but not limited to spriDkler heads,
wiring and controllers, piping, valves and reuse water sipaae, aU of which shall be done
in accordance with spedftcatiODS to be provided to District for approval at the time of the
City's initiation of Maintenance Services for same.
4. The provision of cJMlni. and paintiDg services for Entry Features,
monuments ~d related special sips, including trafftc sips where applicable.
5. The provision of maintenance, repair and/or replacement services to accent
lighting rlXtures, Including bulbs.
6. Tbe provision of all personnel and equipment necessary in order to provide
the above described MaIntenance Services.
7. Wetland maintenance and monitoring, if applicable.
8. See attached supplemental requirements and specifications, if any.
-Page 9-
GENERAL REQUIREMENTS AND SPECIFICATIONS
LANDSCAPE MAINTENANCE . PROGRAM
1. SCOPE OF WORK:
1. Grass Movine. All grass and ground cover, in unmulched beds shall be
mowed as-often as necessary to maintain a maximum height of four (4)
inches.
2. MuIchine. Mulch chips, single chip size, free of weed seeds and other
deleterious materials and suitable for top dressing shall be used as required
to maintain beds at a minimum depth of three (3) inches. Mulch shall not be
shreds.
3. Pruninv. Plans, awkward in shape, diseased, insect infested or which have
dead parts or may cause a safety hazard shall be pruned on an as-needed
basis, as scheduled for the District.
4. Insect and Disease Control. All insect and disease problems will be diagnosed
by a qualified horticulturist and effectively treated.
5. Weed Control. Weeds in all plant beds shall be controUed either
mechanically, chemically or by a combination of both.
6. Wetland Msllintenance. Provide all maintenance and monitoring of all
applicable wetland areas including, but not limited to all submerged areas,
all drainage ditches and/or surface water ponds, and sand pine preserve or
. other preserve areas as required to comply with all applicable governmental
regulations relative to the same.
2. SPECIFICATIONS AND MINIMUM STANDARDS:
A. Insect. Disease and Weed Control:
1. The District or its Contractor shall use only pesticides and herbicides
approved by governmental regulatory agencies. All chemicals must be used
according to label instructions. The District or its Contractor will be liable
for any penalty, fine or damages resulting from the misuse of any chemicals.
2. The District or its Contractor shall provide at least one certified
commercial applicator for the Work (Chapter 100-54 and Chapter IOD-55
Florida Administrative Code pursuant to chapter 482 of the Florida Statutes)
in the Lawn and Ornamental category.
-Page 10-
3. The District or its CODtractor will select the most effective and
environmentally safe herbicides and appUeation teclmiques available. District
reserves the right to approve of the herbicides and application techniques.
4. AppHcatlon shall be performed in such a manner as to protect non-target
areas and the pubUc.
s. The District or its Contractor shall use due care to avoid dJlIn.e to
adjacent lawns, golf courSes and upland plantinp and be solely responsible
for any damage incurred whDe performing work.
6. The DIstrict or its Contractor will use application tedmiques that will
minimize drift onto non-target vegetation.
-Page 11-
.. MINIMUM
IRRIGATION SYSTEM REOUlREMENTS
* Sprinkler System Inspection - District shall:
*
(A) Operate and.inspect the sprinkler system once a month and promptly correct
any damage, malfunction or other problems.
*
(B) Calibrate the sprinkler system during the same time the system is normally
run, so that water pressures are stmnar.
*
(C) Set time clocks on automatic sprinkler systems or time manual systems for
applying the proper amount of water.
*
(D) A void mixing sprinkler head types. Mist heads apply more water than
impact heads. Match sprinkler heads for uniform coverage.
(E) Check the sprinkler system frequently. Replace broken sprinkler heads,
clear clogged nozzles and adjust the directions or spray.
*
-Page 12-
.>
EXHIBIT "c"
INSURANCE REQUIREMENTS
Below is shown the MINIMUM acceptable insurance to be carried under this Agreement:
I. Commercial General Liability
(A) Bodily Injury Limit:
$1,000,000 Each Occurrence ..
$1,000,000 Annual AarePte ..
Property D8JIUIIle Umit:
$1,000,000 Each Occurrence ..
$1,000,000 Annual Aar.e ..
(B)
or a Combined Single Limit of BodIly lDJury and Property Damage:
$1,000,000 Each Occurreilce '. .
$1,000,000 Annual AaIJ'epte ..
The Commercial General Liability shall include Contractual LiabiHty.
(C)
.. (not no less than twice the amount of sovereign immunity as the same my
change from time to time.)
ll. Comprehensive Automobne Liability:
(A)
BodUy Injury Limit:
$ 500,000 Each Person
$1,000,000 Each Occurrence
..
Property Damage Limit:
$500,000 Each Person
(B) or a Combined Single Limit of BodIly Injury and Property Damage:
$1,000,000 Each Person ..
$1,000,000 Each Occurrence ..
.. (not no less than twice the amount of sovereign immunity as the same may
change from time to time.)
-Page 13-
III. Workers Compensation Statutory Limits
and $100,000
$500,000
Employers Liability $100,000
Each Accident
Disease-Policy Limit
Disease-Each Employee
IV. Umbrella Excess Liability Insurance:
(A) $1,000,000 Each Occurrence *
$1,000,000 Annual Aggregate *
(B) The aforementioned umbrella coverage shall be no more restrictive
than coverage required for the underlying poUcies.
* (but no less than twice the amount of sovereign immunity as the same may
change from time to time.)
V. Notice of CanceUation:
The Insurance afforded above may not be terminated or reduced unless thirty
(30) days prior written notice of such termination or reduction is mailed to the District
(unless terminated for non-payment, in which event ten (10) days notice is required).
VI. Insurance Certificate:
The City and the Quantum Park Property Owners Association, Inc. shall be
listed as an additional insured for the above Commercial and Umbrella Liability Insurance
coverage and "a certificate of insurance renecting same shall be de6vered to the City, which
certificate of insurance shall be updated on a continuing basis throughout the Term of this
Agreement.
-Page 14-
i .
RESOLUTION NO. ROl- 0"1
,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A MAINTENANCE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND QUANTUM COMMUNITY
DEVELOPMENT DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and Quantum Community Development
District have negotiated a Maintenance Agreement setting forth the responsibilities of each
party for the maintenance of Gateway Boulevard;
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
. \
Section 1.. Upon recommendation of staff, the City Commission of the City of
Boynton Beach, Florida hereby authorizes the Mayor and City Clerk to enter into a
Maintenance Agreement between the City of Boynton Beach and Quantum Community
Development District.
Section 2.
This Resolution shall take'effect immediately upon passage.
PASSED AND ADOPTED this ~ day of January, 2001.
Commissioner
-~~
~
ATTEST:
-
( I \ ! j "''\,\ I 1
\', 'I I
. I
-
ATTORNEYS
A T
lAW
RECEIVED
JONATHAN A. nRKOWITZ
GMY I. COHAN'
flED C. CO/fEN. '.A."
Gll<)QRY R. COHeN. P.A.
.nNARlI A. I:ONI(Q/'1I"1
ROnllT D. OOLlIlMN
DOMINI(; 6: UBER"
ALfRED G. MORICI'
DAVID 8. NOlIIIS. ""..
pet.. I. RAY, '.1<..
M. .'C;HA'O SA,IR, P.A,'
~eNNnH J. $I:HEReR. ~."'.
AOAM R. SEUGMAN
KYle A. SILVUMAN'
IQGER C. $TANTON
JAAlU $. TE~"MAN' ,.
loaeRT M. welNaelGEI. '.A.
alENT G. WOLMU. ~.A.
JUN - i 2009
CITY ATTORNEY
June 3, 2009
.otCINII'"
. .,..,4 e.rlfllc,d '"I f'fD1.
......,.. ~.rff'l.d I..,,,... UtI...sDft
Kurt Bressner
City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Rc: Notice of Termination of Maintenance Agreement
With Quantum Community Development District'(QCDD)
Dear Mr, Bressner,
This is a follow up to our joint meeting of the QCDD. Quantum Park Overlay
Dependant District (QPODD) (or Districts), Quantum Park Property Owners Association
(QPOA) and the City of Boynton Beacb (City) staff on April 28, 2009 regarding the
above referenced tennination notice. The result of that meeting was that you indicated. the
City could take over the payment of the street lighting in Quantum Park (park) that is pari
of the Maintenance Agreement. We have investigated the details of the street lighting and
present tbe following.
. There are 229 streellights in the Park being billed by FPL at approximately
$28.00/monthllight for approximately $6400.00 per month, or approximately $76,800.00
per year. (The numbers vary somewhat depending on how many days are jn the billing
period and fuel adjustments, etc.) Of the 229 lights 151 are along Gateway Boulevard,
High Ridge north, High Ridge south and Park Ridge going to the high school. There are
49 lights on Quantum Boulevard going from Gateway Boulevard and Congress Avenue
to the City park property for a total of 200. The remaining lights are on Quantum
Boulevard SO\.lth of Gateway, Quantum Lakes Drive, Alpha Drive, Beta Drive, and N. W.
High Ridge Rd. off the south end of 14.igh Ridge Rd. I have attached a copy of the most
recent bill from FPL sent May 6, 2009.
A PARTNERSHIP OF PROFeSSIONAL ASSOCIATIONS
712 U.S. HIGHWAY ONE' SUITE 0400 · P.O. BOX 13146 . NOkTH PALM BEACH. flORIDA 33408-7146
TELEPHONE: (561) 844-3600 . FACSIMHE: (561) 842.4104
The current amount being paid by the City to the QCDD under the Maintenance
Agreement is $101,000. We are proposing that the City assume the entire FPL bill for all
the street lights under the agreement with FPL, and that the City assume all the
maintenance for the landscaping now being provided by QCDD under the Mainteoance
Agreement on Gateway Boulevard and High Ridge Rd. north. The Districts will continue
to provide drainage for Gateway Boulevard) High Ridge north and the high school as
well as providing the current irrigation system, the water~ and maintenance for same
along Gateway Boulevard and High Ridge Rd. north.
The existing Maintenance Agreement will be terminated and a new agreement
embodying this agreement entered into between the City, QPODD, and QPOA to begin
October 1, 2009 for twenty years with five year renewal terms.
If you have any questions or further information is necessary, please contact me
immediately. We look forward to your positive response,
~/~
cc: James Cherof, Esq.
David Norris, Esq.
Mike Ferguson
Eugene Gerlica
Douglas MacDonald
~wr-eleotrie-tmafemeRt
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FLORIDA POWER & LIGHT COMPANY
Eighteenth Revised Sheet No. 8.716
Cancels Seventeenth Revised Sheet No. 8,716
(Continued from Sheet No. 8.715)
REMOV AL OF FACILITIES:
If Street Lighting facilities are removed either by Customer request or termination or breach of the agreement, the Customer shan pay
FPL an amount equal to the original installed cost of the removed facilities less any salvage value and any depreciation (based on current
depreciation rates as approved by the Florida Public Service Commission) plus removal cost.
MONTHLY RATE:
Charge for FPL-Owned
Lamp Size Unit ($)
Luminaire Initial KWH/Mo. Mainte- Energy
Type LumenslWatts Estimate Fixtures ~ Non-Fuel Total
** ***
High Pressure
Sodium Vapor 5,800 70 29 3.55 1.36 .59 5,50
9,500 100 41 3.62 1.37 ,83 5.82
16,000 150 60 3.72 1.40 1.22 6.34
22,000 200 88 5.64 1.79 1.79 9.22
50,000 400 168 5.71 1.76 3.41 10,88
* 12,800 150 60 3.88 1.56 1.22 6.66
* 27,500 250 116 6.00 1.90 2.35 10.25
* 140,000 1,000 411 9.04 3.47 8.34 20.85
Mercury Vapor * 6,000 140 62 2.81 1.23 1.26 5.30
... 8,600 175 77 2.84 1.23 1.57 5.64
... 11,500 250 104 4.74 1.77 2.11 8.62
... 21,500 400 160 4,73 1.75 3.25 9.73
... 39,500 700 272 6.68 2.96 5.52 15.16
... 60,000 1,000 385 6.85 2.88 7.81 17.54
Incandescent ... 1,000 103 36 6.90
... 2,500 202 71 7.15
... 4,000 327 116 8.37
... 6,000 448 158 9.33
... 10,000 690 244 11.23
Fluorescent ... 19,800 300 122
... 39,600 700 264
* These units are closed to new FPL installations.
...... The non-fuel energy charge is 2.029~ per kwh.
......... Bills rendered based on "Total" charge. Unbundling of charges is not permitted.
**** New Customer installations of those units closed to FPL insta1lations cannot receive relamping service.
Charges for other FPL-owned facilities:
Wood pole used only for the street lighting system
Concrete pole used only for the street lighting system
Fiberglass pole used only for the street lighting system
$ 2.54
$3.49
$ 4,13
Underground conductors not under paving
Underground conductors under paving
1.91~ per foot
4.66~ per foot
Charge for Customer-Owned
Unit $)
Relampingl Energy
Enmo: Onlv
****
1.28 .59
1.53 .83
1.92 1.22
2.49 1.79
4.12 3.41
2.15 1.22
3.09 2.35
9.98 8.34
1.95 1.26
2.26 1.57
2.85 2.11
3.97 3.25
7.08 5.52
8,79 7.81
2.45 .73
3,16 1.44
4.12 2.35
4.97 3.20
6,85 4.95
3,38 2.47
6.54 5.36
The Underground conductors under paving charge will not apply where a CIAC is paid pursuant to section "a)" under "Customer
Contributions." The Underground conductors not under paving charge win apply in these situations.
(Continued on Sheet No.8. 717)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: January 1,2006
Page 1 of2
Bressner, Kurt
From: Bressner, Kurt
Sent: Monday, August 24,20093:42 PM
To: 'Bernie Conko'
Cc: Livergood, Jeffrey; Cherof, James
Subject: RE: Quantum Community Development District-Maintenance Agreement
Mr. Conko:
Thank you for your e-mail response. Our recommendation will be to present the latest City offer to the City
Commission as discussed verbally with you last week. Your proposal to include paying for street lighting on
private streets runs counter to the current City policy. To modify that policy may mean moving toward such an
expenditure of public funds on private streets elsewhere in the City, including gated communities. Our offer was
based on the fact that there were three major public facilities located on the street reaches: Boynton Beach High
School, Fire-Rescue Station #5 and the Tri-Rail Station.
If you do not wish us to present this proposal to the City Commission, please advise us immediately. I will include
this e-mail and your June 3. 2009 letter in the agenda packet.
Very truly yours,
Kurt Bressner
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P,O. Box 310,
Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) htlPjl~~~,_QQYI1j:9n:
Q~~fh,~rg
From: Bernie Conko [mailto:bac@fcohenlaw.com]
Sent: Monday, August 24, 20099:21 AM
To: Bressner, Kurt
Cc: Livergood, Jeffrey; Cherof, James
Subject: RE: Quantum Community Development District-Maintenance Agreement
Messrs. Bressner, Cherof and Livergood,
The board of the Quantum Park Overlay Dependent District, the successor to the Quantum Community
Development District (hereafter "District") met on August 20, 2009 to discuss the counter proposal to
settling the termination of the maintenance agreement, which you verbally delivered to me on August
17,2009. These board meetings are also attended by a representative of the homeowners association
for the Parkside community residents.
The city's counter proposal was very disappointing to all of the board members as well as the resident's
representative. The feeling shared by all is that the City is not being fair and reasonable. The residents
are upset that the City doesn't consider the lighting of the road that serves their community (Quantum
Boulevard) as a public use. It is in fact a platted road open to the general public for general public use,
8/24/2009
Page 20f2
and is in fact used by the general public as a short cut to avoid the intersection of Gateway and
Congress. (Even one of your own staff admitted to using this short cut).
As we have previously discussed, the Maintenance Agreement that the City gave notice to terminate
was made in good faith as part of the overall settlement of the suit the Quantum Community
Development District brought against the school district because they refused to pay their fair share of
the maintenance of Quantum Park, The City realizing that the high school is a great benefit to the City
and its residents agreed to contribute to the maintenance of the Park via the Maintenance Agreement
as the District is providing a great benefit to the City in providing landscaping, irrigation, drainage, and
lighting for Gateway Boulevard as well as for the benefit of the high school. The District relied on this
good faith agreement and settled with the school district that allowed the building of the high school.
The Quantum District Boards and the landowners and residents believe the City has acted in bad faith
by unilaterally terminating this agreement and throwing the burden of providing these services on the
Park landowners and residents for the benefit of the rest of the City of Boynton Beach, They believe
their compromise offer proposed in my letter to you of June 3, 2009 is fair and reasonable and allows
the City to reduce the cost to the City of the original agreement, and doesn't shift the whole burden to
the Park residents and landowners,
At the August 20, 2009 meeting the District Board voted to reject the verbal proposal from the City
because of the negative effect on citizens within Quantum Park and the City and directed me to
reiterate our initial proposal of June 3, 2009 made to the City, and ask the City to reconsider the original
proposal or counter with a more favorable proposal. Since all of the roads in the Park are open and
used by the public just as all the other City streets and roads, the City should at a minimum take over
the responsibility for lighting them just as it does the other streets of the City, Please contact me if you
would like to further discuss options. We await your response.
Sincerely,
Bernard A. Conko, Esq.
Board Certified In Real Property Law
Cohen, Norris, Scherer, Weinberger & Wolmer
712 US Highway One, Suite 400
North Palm Beach, FL 33408
Ph: 561-844-3600
Fax: 561-842-4104
8/24/2009
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL _ 2nd ,
DEVELOPMENT Reading
ITEM A.I
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Leg:al Turned in to Procurement
Dates Office
181 September I, 2009 August 17, 2009 August 12, 2009 August 10, 2009
D September 15,2009 August 31, 2009 August 26, 2009 August 24, 2009 0 n
:::- -4
D c::: "
-
..., f-IO
D c:':l !A;~
-,
D AnnouncementslPresentations D :x
NATURE OF D Administrative D New Business V?
AGENDA ITEM D 181 Le al N
D D Unfinished Business
0 D
RECOMMENDATION: Motion to approve on second and final reading Ordinance #09-038, the abandonment of existing
easements on the record plat known as LAS VENTANAS for the expansion of Woolbright Road to add an additional turning
lane onto South Federal Highway, The legal description is attached as Exhibit "A".
EXPLANATION: The development known as LAS VENTANAS was recorded as a boundary record plat in Plat Book 110,
Pages 89 & 90, according to the Public Records of Palm Beach County, Florida. As contained within the plat document, the
city imposed a 10-foot utility easement along its southern border and a superimposed 5-foot limit access easement to control
ingress and egress points,
Palm Beach County Traffic Engineering Division of the County's Department of Public Works and Engineering in
conjunction with the developer, desires to add an additional left turn lane at the intersection of South Federal Highway, and as
such needs to grant a subordination easement over the southern 3.85 feet of the recorded record plat. The developer of the
project is in the process of granting the easement to Palm Beach County, however the City of Boynton Beach needs to
abandon its imposed easements first to allow for the developer to grant the County the necessary easement for this purpose.
PROGRAM IMP ACT: The abandonment will facilitate the relocation of an existing traffic signal system on Woolbright
Road, to halfway between South Federal Highway and the FEC RR crossing,
FISCAL IMP ACT: N / A
ALTERNATIVES: To allow the existing access to both the improved Sunshine Square shopping center and the LAS
/~~;;~:A~to';:~;: k~
~l~ 1(./:..1 'I' DepartDJe~e ad's SIgnature City Manager's Sign~
;' J Assistant to City Manager ~
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09 - 038
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA ABANDONING
6 THE EASEMENTS AS NOTED ON EXHIBIT "A" FOR
7 THE SOUTH EDGE OF LAS VENT ANAS
8 DEVELOPMENT TO ALLOW THE BOARD OF
9 COUNTY COMMISSIONERS OF PALM BEACH
10 COUNTY, FLORIDA AND THE DEVELOPER OF LAS
11 VENT ANAS TO EXPAND WOOLBRIGHT ROAD FOR
12 ROADWAY PURPOSES ONLY; PROVIDING FOR
13 CONFLICTS, SEVERABILITY, CODIFICATION AND
14 AN EFFECTIVE DATE.
15
16
17
18 WHEREAS, the development known as LAS VENT ANAS was recorded as a
19 boundary record plat in Plat Book 110, Pages 89 & 90, on August 13, 2007 accordingly to the
20 Public Records of Palm Beach County, Florida; and
21 WHEREAS, the City of Boynton Beach, Florida (the City), imposed a 10-foot utility
22 easement (U,E.) along its southern border with Woolbright Road (a Palm Beach County
23 roadway), and superimposed a 5-foot Limited Access Easement (L.A.E,) to control ingress
24 and egress points; and
25 WHEREAS, the right-of-way for Woolbright Road along its southern border was
26 indentified as an 80-foot right-of-way width; and
27 WHEREAS, Palm Beach County desires to utilize a portion of the easement(s) to
28 expand the roadway typical section for the addition of an eastbound left turn lane along
29 Woolbright Road,
30 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF
31 . THE CITY OF BOYNTON BEACH, FLORIDA, TIIA T:
1
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
The legal description and sketch for an easement over the south edge of
4 the LAS VENT ANAS is attached AS Exhibit "A".
2 herein by this reference.
3
Section 2.
That the City of Boynton Beach shall no longer require the easements
6 noted in Section 2 above, thus allowing the Board of County Commissioners of Palm Beach
5
Section 3.
7 County, Florida and the Developer of LAS VENT ANAS to implement the desired typical
8 section for Woolbright Road as previously noted for said expansion.
9
Section 4,
All ordinances or parts of ordinances in conflict herewith be and the
10 same are hereby repealed.
11
Section 5.
Should any section or provision of this Ordinance or portion hereof, an
12 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
13 such decision shall not affect the remainder of this Ordinance,
14
15
Section 6,
Section 7.
Authority is hereby granted to codify this said Ordinance as necessary.
This Ordinance shall become effective immediately after passage.
16
17 FIRST READING this)( day of AUGusT", 2009,
18
19 [REMAINDER OF PAGE INTENTIONALLY LEFT BLNK]
20
I,
1 SECOND, FINAL READING AND PASSAGE this )8 day of AUausT ,2009.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Woodrow L. Hay
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Jose Rodriguez
16
17
18 Commissioner - Marlene Ross
19 ATTEST:
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (CORPORATE SEAL)
27
.
.
EXHIBIT "A"
LASVENTANASEASEMENTABANDONMENTS
LEGAL DESCRIPTION
All ofa 10-foot Utility Easement (V.E.) and all ofa 5-foot Limited Access Easement
(L.A.E.) along the South property line (and the North right-of-way line of Woolbright
Road) of the plat of LAS VENTANAS, including the 10-foot utility easement as recorded
in O.R.B. 3129, Page 1604, as recorded in Plat Book 110, Pages 89 and 90, accordingly
to the Public Records of Palm Beach County, Florida.
(;)
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XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
jgI Seotember 1, 2009 August 17. 2009 August 12,2009 August 10, 2009
0 Seotember 15,2009 August 31, 2009 August 26, 2009 August 24, 2009
0
0 i..:J
....... ~
0 \0 - J;
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~
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0 Announcements/Presentations 0
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent A enda jgI Le al
0 0 Unfinished Business
0 Public Hearin 0
RECOMMENDATION: Motion to approve the enclosed Ordinance (City's Exhibit "A") on first reading.
EXPLANATION: The proposed legislation will assist the City in our ability to better identify and manage vacant and
foreclosed property by holding mortgage holders responsible for the following:
1. Registration of vacant & abandoned properties in default oftheir mortgage with the City or a third party
vendor to include the requirement of a local property manager with contact information.
2. Property maintenance to include; mowing, securing, debris removal, pool cleaning and other routine
maintenance issues.
3. Providing regular inspections to ensure the required maintenance is ongoing as well as continued
maintenance obligations to the mortgage holder once property ownership is officially conveyed to the
mortgage holder.
We anticipate using a third party vendor to administer this program at no cost to the Citv. Staff is currently working
through the details of obtaining a third party vendor with our Procurement Department to enable us to move as
quickly as possible upon the adoption of this Ordinance.
PROGRAM IMP ACT: Adoption of this legislation will ultimately assist staff by reducing resources spent
"managing" abandoned properties while providing a small revenue stream through the collection of registration fees
shared with the third party vendor,
FISCAL IMP ACT: Reduced staff time in managing these properties and a small revenue enhancement shared with
third party vendor. ($150.00 divided by 2) There are additional cost savings in terms of reducing the number of
properties we manage that involve abating nuisances such as mowing and securing of structures. Currently there are
no funds available in the 2009/2010 budget for this program.
ALTERNATIVES: Continue our current enforcement program citing property owners in default and funding the
mowing and securing of abandoned properties that are in foreclosure or letting the properties fall into advanced
stages of decay.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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City Attorney / Finance
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Department Name
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1 ORDINANCE NO, 09-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY AMENDING CHAPTER 10,
7 "GARBAGE, TRASH, OFFENSIVE CONDITIONS,"
8 ARTICLE III, "ABANDONED PROPERTY," BY
9 ENACTING A NEW SECTION 10-51.5, ENTITLED
10 "ABA::'-lDONED PERSONAL AND REAL PROPERTY";
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
15 order to provide for additional enforcement and monitoring mechanisms that will assist the City
16 in monitoring abandoned personal property located on private property throughout the City;
17 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in
18 order to provide a process by which real property, subject to foreclosure, is maintained in
19 accordance with the City's property maintenance code, and a mechanism for keeping track of
20 the current owner or mortgage holder of the property; and
21 WHEREAS, the adoption of this ordinance is in the best interest of the health, safety,
22 and welfare of the residents, citizens, and business within the City of Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
26 confirmed by the City Commission.
27
Section 2.
That Article III, "Abandoned Property," of the City of Boynton Beach
28 Code of Ordinances, be, and the same is hereby amended by enacting a new Section 10-63,
29 entitled "Abandoned Personal and Real Property", to read as follows:
30 See, 10-51.5, Abandoned Personal and Real Property
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(a) Pumose and intent. It is the purpose and intent of this section to establish a process to address the
amount of abandoned personal and real property located within the city. This section is further intended
to specifically establish an abandoned residential property program as a mechanism to protect
residential neighborhoods from becoming blighted through the lack of adequate maintenance and
security of abandoned properties,
(b) Definitions. The following words, terms and phrases, when used in this chapter, shall have the
meanmgs ascribed to them in this section, except where the context clearly indicates a different
meanmg:
(1) Abandoned personal property means property which has been left abandoned and unprotected
from the elements and shall include, but not be limited to, wrecked. inoperative or partially dismantled
trailers, boats, machinery, refrigerators. washing machines. plumbing fixtures, furniture and any other
similar article which has been left abandoned and unprotected from the elements.
(2) Abandoned real property means any property that is vacant or is under a current notice of default
and/or notice of mortgagee's sale by the lender or a pending tax assessors lien sale and/or properties that
have been the subiect of a foreclosure sale where the title was retained by the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale,
(3) Accessible property means a property that is accessible through a compromised/breached gate.
fence, wall. etc.
(4) Accessible structure means a structurelbuilding that is unsecured and/or breached in such a way as
to allow access to the interior space by unauthorized persons.
(5) Enforcement officer means any full-time law enforcement officer. building official, code
enforcement officer. fire inspector or building inspector employed within the city.
(6) Evidence of vacancv means any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property is vacant. Such conditions may
include, but not be limited to. overgrown and/or dead vegetation. accumulation of abandoned personal
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property, as defined herein, statements by neighbors, passers-by, delivery agents or government agents,
among other evidence that the property is vacant.
(7) Foreclosure means the process by which a property, placed as security for a real estate loan, is
sold at public sale to satisfy the debt if the borrower defaults.
(8) Nominal salvaf!e value means the value of an article of abandoned or derelict property which a
reasonably prudent person would believe is the fair market value of the property, taking into
consideration its useful life, earning capacity or replacement cost, less depreciation and items of general
or special depreciation, would be nominally greater than the costs of salvage including the removal,
transportation, storage and sale of same.
(9) Property management companv means a local property manager, property maintenance company
or similar entity responsible for the maintenance of abandoned real property.
(10) Public property means canals, all waterways, lands and improvements owned by governmental
body or any governmental agency including but not limited to easements and rights-of-way, but
excluding the campus of any institution of the state university svstem.
(11) Residential buildin[! means any improved real property, or portion thereof, situated in the city,
designed or permitted to be used for dwelling purposes, and shall include the buildings and structures
located on such improved real property,
(12) Vacant means any building/structure that is not legallv occupied,
(c) Applicability. This section shall be considered cumulative and not superseding or subiect to any
other law or provision for same, but shall rather be an additional remedy available to the city above and
beyond any other state, county and/or local provisions for same.
(d) Penalties. Any person who shall violate the provisions of this section shaIl, upon conviction, be
punished as provided in section 1-6 of the City of Boynton Beach Code of Ordinances Code as
applicable. In addition, any violation of this section may be enforced through the City's Code
Compliance Board as provided in Chapter 2, Article V, of the City's Code of Ordinances,
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(e) Placement of abandoned personal oroperty on private orooertv orohibited.
2 (1) It shall be unlawful for any person to abandon personal property upon private property:
3 a. Without such receiving property owner's consent; or
4 b. In violation of this or any other applicable law, ordinance or regulation,
5 (2) Nothing in this section shall be deemed to apply to abandoned personal property authorized to be
6 left on private business property properly operated, licensed and zoned in the City for the purpose of
7 accepting abandoned property ,
8 (t) Public nuisance. All abandoned personal property and abandoned real property is hereby declared
9 to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be
10 necessary for the health, welfare and safety of the residents of the city.
11 (g) Notification orocedure. When an enforcement officer ascertains that an article of personal property
12 having nominal salvage value lies abandoned or derelict upon private property, that officer shall:
13 (1) Cause a notice to be placed upon such abandoned property in the substantially following fonn:
14 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
15 FOLLOWING DESCRIBED PROPERTY:
16 (setting forth brief description)
17 LOCATED AT:
18 (setting forth brief description oflocation) is:
19 IMPROPERLY STORED AND IS IN VIOLA nON OF
20 (setting forth ordinance or violation violated)
21 AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS
22 NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED
23 PROPERTY AND MAYBE REMOVED AND SOLD OR DESTROYED BY ORDER
24 OF THE CITY OF BOYNTON BEACH, FLORIDA DATED THIS:
25 (setting forth the date of posting of notice)
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( setting forth name. title. address and telephone number of enforcement officer)
(2) Such notice shall be not less than eight (8) inches by ten (10) inches and be sufficiently
weatherproof to withstand normal exposure to the elements.
(3) The enforcement officer shall make reasonable effort to ascertain the name and address of the
owner of the abandoned property and. if such address is reasonably available. the officer shall mail by
certified mail a copy of the notice to the owner on or before the date of posting the above-described
notice on the abandoned personal property,
(4) The enforcement officer shall mail by certified mail a copy of the above-described notice to the
owner of the real property upon which the abandoned personal property is located. as shown by the real
estate tax records as provided by the Palm Beach County Property Appraiser's Office or any other
address provided to the local government by such owner, on or before the date of posting such notice.
(h) Removal of abandoned personal prooerty.
(1) If at the end of five (5) days after posting notice under this section. the owner or any person
interested in such abandoned personal property described in the notice has not removed same. the city
may seek an appropriate order from the special magistrate or code enforcement board and may
subsequently cause the article of abandoned personal property to be removed and destroyed. and the
salvage value. if any. of such article shall be retained by the city to be applied against the cost of
removal and destruction thereof.
(2) Before destruction. for abandoned property on private lands. at the end of the five (5) day period of
posting of such notice. if the owner or person having interest in the property has not removed the
abandoned property from private property. or shown reasonable cause for failure to do so. the City may
cause the property so described to be removed by a towing or salvage company who shall cause the
article or articles of abandoned property to be removed and placed in storage if applicable with the local.
state and federal regulations. At the conclusion of the required storage. if the article is not claimed. and
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, if the salvage value is above one hundred dollars ($ 100.00), the towing company shall pay the City the
sum of twenty-five dollars ($25.00) or ten (10) percent of such value, whichever is greater, for the
administrative costs in handling with said article, If the article is claimed, the City shall receive twenty-
five dollars ($25.00) as an administrative fee.
(3) It is unlawful to remove abandoned personal property, including inoperative vehicles, from private
property to public property after the posting of said property by an enforcement officer.
(4) In the event that the abandoned property is deemed to be an imminent public health and safety
hazard, an enforcement officer is authorized to remove the property immediately. Subsequent to the
removal of the abandoned property, the City shall make reasonable and diligent efforts to ascertain the
owner and take the applicable action. If the abandoned property is on private property, the private
property owner shall be provided notice and assessed the cost of removal of the abandoned property and
any required clean-up of the private property.
(i) Registration of abandoned rea/vroperty.
(1) Any mortgagee who holds a mortgage on real property located within the City shall perform an
inspection of the property that is the security for the mortgage, upon default by the mortgagor, . or
issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it
shall be deemed abandoned and the mortgagee shall, within ten ( I 0) days of the inspection, register the
property with the City's Code Compliance Administrator, his/her designee, or the City's authorized
representative, on forms provided by the City, A registration is required for each vacant property,
(2) If the property is occupied but remains in default, it shall be inspected by the mortgagee or his
designee monthly until (1) the mortgagor or other party remedies the default, or (2) it is found to be
vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall,
within ten (10) days of that inspection, register the property with the City's Code Compliance
Administrator. his/her designee, or the City's authorized representative, electronically via the City's
I website oron forms provided by the City.
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(3) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing
address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile number
and e-mail address and, the local property management company responsible for the security and
maintenance of the property and their direct contact name and telephone number of manager, facsimile
number and email address, and mobile number for direct contact.
(4) An annual registration fee in the amount of one hundred fifty dollars ($150.00). per property, shall
accompany the registration,
(5) This section shall also apply to properties that have been the subiect of a foreclosure sale where the
title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties
transferred under a deed in lieu of foreclosure/sale.
(6) Properties subiect to this section shall remain under the annual registration requirement. security
and maintenance standards of this section as long as they remain vacant.
(7) Any person or corporation that has registered a property under this section must report any change
of information contained in the registration within ten ( I 0) days of the change.
(i) Maintenance requirements.
(1) In addition to the complying with the City's Property Maintenance Code, properties subiect to this
chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, iunk, debris, building
materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal.
state. or local law, discarded personal items included, but not limited to, furniture, clothing, large and
small appliances, printed material or any other items that give the appearance that the property is
abandoned,
(2) The property shall be maintained free of graffiti or sim ilar markings by removal or painting over
with an exterior grade paint that matches the color of the exterior structure,
(3) Front. side, and rear yard landscaping shall be maintained in accordance with the City's Code of
Ordinanccs at the time registration was required,
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(4) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges 0
similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential
installation, Landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.
(5) Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing 0
required landscape and removal of all trimmings.
(6) Pools and spas shall be maintained so the water remains free and clear of pollutants and debris.
Pools and spas shall comply with the enclosure requirements of this Code and Florida Building Code, as
amended from time to time,
(7) Failure of the mortgagee and/or property owner of record to properly maintain the property may
result in a violation of this Code and issuance of a citation or notice of violation/notice of hearing by a
City Code Compliance Officer. Pursuant to a finding and determination by the City's Code Compliance
Board, the City may take the necessary action to ensure compliance with this section.
(k) Security requirements,
(1) Properties subject to this section shall be maintained in a secure manner so as not to be accessible
to unauthorized persons.
(2) A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors,
gates and other openings of such size that may allow a child to access the interior of the property and/or
structure. Broken windows shall be secured by re-glazing,
(3) A local property management company shall be contracted to perform bi-weekly inspections to
verify compliance with the requirements of this section, and any other applicable laws,
(4) The property shall be posted with the name and twenty-four (24) hour contact phone number of the
local property management company. The posting shall be no less than an eight-inch by ten-inch sign.
The posting shall contain the following language:
THIS PROPERTY IS MANAGED BY:
(Name of property management company)
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TO REPORT PROBLEMS OR CONCERNS CALL:
(Telephone number of property management company)
The posting shall be placed on the interior of a window facing the street to the front of the property so it
is visible. or secured to the exterior of the building/structure facing the street to the front of the property
so it is visible or. if no such area exists. on a stake of sufficient size to support the posting in a location
as close as possible to the main door entrance of the property. Exterior posting shall be constructed 0
and printed with weather-resistant materials,
(5) The local property management company shall inspect the property on a bi-weekly basis to ensure
that the property is in compliance with this section, Upon the request of the City. or its authorized
representative. the local property management company shall provide a copy of the inspection reports to
the Code Compliance Department.
(6) Failure of the mortgagee and/or property owner of record to properly maintain the property may
result in a violation of this Code and issuance of a citation or notice of violation/notice of hearing by a
City Code Compliance Officer. Pursuant to a finding and determination by the City's Code Compliance
Board. the City may take the necessary action to ensure compliance with this section.
(I) Opposing. obstructing enforcement officer; penalty, Whoever opposes. obstructs or resists any City
officer or any person authorized by the City in the discharge of duties as provided in this section. upon
conviction shall be punished as provided in herein.
(m) Immunity of Code Comvliance Officer. Anv Code Compliance Officer or any person authorized
by the City to act pursuant to the City's Code of Ordinances. or state law. shall be immune from
prosecution. civil or criminal. for reasonable. good faith trespass upon real property while in the
discharge of duties imposed by this section,
(n) Additional authority. The City's Code Compliance Administrator. hislher designee. or the City's
authorized representative shall have authority to require the mortgagee and/or owner of record of any
property affected by this section. to implement additional maintenance and/or security measures
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, I including, but not limited to, securing any and all door, window or other openings, emplovment of an
2 on-site security guard, or other measures as may be reasonably required to help prevent further decline
3 of the property,
4 (0) Adoption of rules: expenditure of funds: declaration of municipal purpose. The City Manager,
5 consistent with his/her duties and authorities under the City Charter, including those duties and
6 authorities relating to emergency situations, is authorized and empowered to adopt rules and regulations
7 and expend City funds as may be reasonably necessary and available to carry out the terms of this
8 section, the expenditure of such funds being declared a proper municipal purpose,
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Section 3.
Each and every other provision of the City of Boynton Beach Code of
10 Ordinances not herein specifically amended, shall remain in full force and effect as originally
11 adopted.
12
Section 4,
All laws and ordinances applying to the City of Boynton Beach III
13 conflict with any provisions of this ordinance are hereby repealed,
14
Section 5,
Should any section or provision of this Ordinance or any portion thereof
15 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
16 remainder of this Ordinance.
17
Section 6.
Authority is hereby given to codify this Ordinance.
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Section 7.
This Ordinance shall become effective immediately.
19
FIRST READING this _ day of
,2009.
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1 SECOND, FINAL READING AND PASSAGE this _ day of
2 2009.
3
4 CITY OF BOYNTON BEACH, FLORIDA
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7 Mayor - Jerry Taylor
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10 Vice Mayor - Woodrow L. Hay
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13 Commissioner - Ronald Weiland
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16 Commissioner - Jose Rodriguez
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18 ATTEST:
19 Commissioner- Marlene Ross
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21 Janet M. Prainito, CMC
22 City Clerk
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24 (Corporate Seal)
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S:\CA\Ordinances\Abandoned Property Maintenance Code.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL - 1st Reading
ITEM C.2
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
X Seotember 1, 2009 August 17,2009 August 12, 2009 August 10, 2009
[] Seotember 15,2009 August 31, 2009 AUlZUst 26, 2009 AUlZUst 24, 2009
0
0
0 AnnouncementslPresentations 0 City Manager's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda X Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve amendment to the Code of Ordinances, Section 16-61 and 16-62, providing
administrative clarity and adding language in the ordinance that requires advance notification when leaving
vehicles and/or trailers at the park for more than three (3) days by patrons actively involved in fishing and/or
boating activities.
EXPLANATION: Boat Club Park is one ofthe busiest boat launching facilities in Palm Beach County. This 9.5
acre park provides boaters direct access to the Boynton Inlet, and features four ramps, six holding docks, public
restrooms, picnic pavilions and a small building that is used by the local Coast Guard Auxiliary and as a venue
for small meetings and various recreation activities. Staff recommends adding language to the ordinance
prohibiting the storage of vehicles and/or trailers at the park. Although the current ordinance allows for extended
parking at the park for fishermen and boaters actively engaged in fishing or boating, there have been several
cases in which trailers have been left unmoved for many weeks. Additionally, language is added to regulate
parking of vehicles without trailers.
PROGRAM IMPACT: Changes to the ordinance will allow staff to restrict extended parking at the park for only
those individuals actively engaged in fishing or boating and to better regulate where vehicles are parked.
FISCAL IMP ACT: N/ A
ALTERNATWES'.D:::~ommance.
Department Hea 's Signature
~C. /M ~S' -
Ity anager s Ign2L-tu
Assistant to City Manager .
~- .
City Attorney / Finance
Recreation & Parks
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09 -
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 PART II, CHAPTER 16, "PARKS AND RECREATION",
6 ARTICLE II, "CITY PARKS AND BEACHES", SECTION
7 16-60, "ESTABLISHING HOURS OF USE A T CITY
8 BOAT CLUB PARK" AND SECTION 16-61, "BOAT
9 LAUNCHING AND TRAILER PARKING USER FEE AT
10 THE BOAT CLUB PARK"; CREATING A NEW
11 SECTION 16-62, "ENFORCEMENT", PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND
13 AN EFFECTIVE DATE.
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15 WHEREAS, City staff has reviewed Sections 16-60 and 16-61 of the Code of
16 Ordinances and recommended modifications to improve the functioning of the Boat Club
17 Park; and
18 WHEREAS, the City Commission for the City of Boynton Beach finds that amending
19 Sections 16-60, 16-61 and creating a new Section 16-62 of the City's Code of Ordinances is
20 in the best interest of the health, safety, and welfare of the citizens of the City of Boynton
21 Beach.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
incorporated herein by this reference.
Section 2, Part II, Chapter 16, "Parks And Recreation", Article II, "City Parks and
Beaches", Section 16-60, "Establishing Hours of Use at City Boat Club Park" and Section 16-
61, "Boat Launching and Trailer Parking User Fee at the Boat Club Park" are hereby
amended as follows:
Sec. 16-60, Establishing hours of use and terms of use at city Boat Club Park.
U!LThe Boat Club Park shall be closed at 10:00 p.m. to all persons, except.fur-ill
fishermen~ aftEi-GLboaters actively engaged in fishing or boating or preparation
thereot and (ILofficial permit holders utilizing the boat club building,.
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iliL.,.and-lit shall be unlawful for anyone, except the enumerated persons~ to enter
said park between the hours of 10:00 p.m. and dawn of the next day.
(C~) The Boat Club Park shall not be used for storage of any kind, including but
not limited to storage of vessels, vehicles. and trailers.
(dh) No tether, lock, or other personal property shall be permanently attached to
any fixtures, trees, or other obiects on the Boat Club Park Premises.
(en Any decal holder actively engaged in fishing or boating or preparation thereof
for a period of three (3) days or more shall notify the City in writing in advance,
The City shall tag the trailer and/or vehicle of any such decal holder as an
"Extended Stay" vehicle. Any vehicle or trailer that remains in the Park for three
(3) days or more without prior permission from the City shall be removed, towed,
or otherwise disposed of at the owner's expense,
(0 Vehicles without a trailer mav only park 111 designated areas for single
vehicles.
Sec, 16-61. Boat launching and trailer parking user fee at the Boat Club Park.
(a) The purpose of this section is to establish an annual and daily boat launching
and trailer parking user fee for the City's Boat Club Park and to establish ",rules and
regulations related to the use of the Park.
(b) The City shall charge a $50.00 annual decal fee. On weekends and holidays,
those who do not have an annual decal may pay a afId $10.00 daily fee. There is no
daHy-fee for non-decal holders during the weekdays (Monday through Friday),
(c) The City shall not differentiate between residents and non-residents of the
County or the State while processing decal applications.
(d) (1) Decals will be issued to an applicant on an annual basis October 1 to
September 30 upon satisfactory completion of appropriate application
forms, commencing October 1, 2001. All decals shall be permanently
affixed on the passenger side of the trailer (on a conspicuous part of the
winch post; alternately the tongue, as close as possible to the ball). Decals
placed on a trailer other than the one for which it was originally issued shall
be construed to be void.
(2) In the event that the trailer to which the permanent decal was issued
has been sold or otherwise changed ownership and/or in the event a
properly issued decal is mutilated and can be identified, the decal will be
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1 replaced for a charge of twenty-five dollars ($25,00) provided the holder
2 can return an identifiable portion of the mutilated decal to the city, In the
3 event the holder of a lost or mutilated decal cannot provide an identifiable
4 portion or part of the decal, the charge for a replacement decal will be the
5 sum of fifty dollars ($50,00),
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7 (e) Daily user fee \\'ill reqmre the user to obtain a daily decal v;hich
8 expires 21 hours after i~;~;uance.
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I 0 (~) Unpermitted boatsBoats, vessels and trailers that do not have a lawfullv
11 issued decal shall be -iH'e-subject to a $25 fine.
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13 (gj) Enforcement: The City Police Depmtment is hereby given the pO'.ver and
14 duty to enforce this article and shall havc the power to make lawful arrests for the
15 violation of the provisions hereof. Anyone found to haw violated any provision of
16 thi~; ~;ection ~;hall be puni~;hed as provided f()r in thi~; chapter or a:; otherwi:;e
17 provided by law.
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19 (h10 Shoald any section or pro"l'lSIOn of this section or portion hereof. any
20 pw'agruph, :;entence or word be declared by a court of competent juri:;diction to be
21 ilwalid,-f.Rt€h decision shall not affect the remainder of this sec6on,
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24 Section 3, Chapter 16, "Parks and Recreation", Article II "City Parks and
25 Beaches" is hereby amended by creating a new section 16-62 as follows;
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27 Sec. 16-62. Enforcement.
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29 The City Police Department is herebv given the power and duty to enforce this
30 article and shall have J.illu2ower to make lawful arrests for the violation of the
31 provisions hereof. Anyone fOlmd to have violated anv provision of this section
32 shall be punished as provided for in this chapter or as otherwise provided by law.
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Section 3.
Each and every other provision of Chapter 16, not herein specifically
36 amended shall remain in full force and effect as previously enacted,
37
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
38 same are hereby repealed.
39
Section 5.
Should any section or provision of this ordinance or portion hereof, any
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S:\CA\Ordinances\Boat Club Park Amendment.doc
II.
1 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
2 such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately.
FIRST READING this _ day of
SECOND, FINAL READING
,2009,
ATTEST:
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
S:\CA\Ordinances\Boat Club Park Amendment.doc
,2009.
AND PASSAGE this
day
of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
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