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Agenda 07-19-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JULY 19, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large William Orlove Vice Mayor – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 374 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of a video created by teens participating in the City's Youth Empowerment Center (YEC) at the Carolyn Sims Center. Presenters will be Recreation & Parks Director Wally Majors, YEC Coordinator Vickie Henderson, and YEC teen participants. B. Presentation of Community Ratings System (CRS) Plaque to Mayor and City Commission. The presentation will be made by Andrew Mack, Building Official and Kathleen Lee, Building Div. Fee Coordinator & Palm Beach County CRS User's Group Co-chair. 4. 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) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 6. 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. PROPOSED RESOLUTION NO. R11-075 A. - Approve contract between the City of Boynton Beach and Culinary Solutions to provide meals for activated city employees post-disaster in a Declaration of Emergency, such as a hurricane or other disaster. 3 of 374 B. Accept the written report to the Commission for purchases over $10,000 for the month of June 2011. PROPOSED RESOLUTION NO. R11-076 C. - Approve a Material Recovery System Agreement with Unique Management Services, Inc., for the City of Boynton Beach Library, at a cost of $8.95 per patron. Also, allow the purchase of the related DebtCollect Computer System Interface Module from SirsiDynix at a one-time cost of $4,300 for the first year and $790 maintenance cost the second year. D. Approve the Bid Award for "SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS & PARTS FOR THE AUTOMATED GARBAGE COLLECTION PROGRAM" Bid # 054-2510-11-JMA to Otto Environmental Systems of Charlotte, NC. Purchases will be made on an "AS NEEDED BASIS", anticipated annual expenditure is $67,047. PROPOSED RESOLUTION NO. R11-077 E. - Approve piggyback of the three (3) year extension of the Solid Waste Authority's agreement with Malcolm Pirnie, Inc. of Plantation, FL for Disaster Debris Management and Support Services. The Agreement No. 08-233 (attached) is to be utilized on an "AS NEEDED BASIS". All expenditures will be eligible for reimbursement from FEMA. The Solid Waste Authority complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements and the option for this extension is provided for in the agreement. PROPOSED RESOLUTION NO. R11-078 F. - Approve the Interlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach for building services. G. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 048-1412-11/MFD to the following nine (9) companies: Calico Industries, Central Poly, Dade Paper, Grainger, Interboro Packaging, Neeld Paper, Preferred Chemical, Pride Enterprises and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $56,000. H. Approve the minutes from the City Commission meeting held on July 5, 2011 I. Approve Reclassification of Risk Management Department position #07030 Insurance Claims Specialist (FT) to #07020 Risk Assistant (PT). 7. BIDS AND PURCHASES OVER $100,000 A. Approve the Bid for the "ANNUAL BID FOR PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT" Bid # 049-1412-11/MFD to the following five (5) companies: General GMC, Palm Beach Springs, Palm Truck Center, Rechtien International and Total Truck Parts on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $102,000. 4 of 374 B. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 061-1412-11/MFD to the following four (4) companies: Ferguson, HD Supply Waterworks, Lehman Pipe and Plumbing Supply and MSC Waterworks on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $165,000. PROPOSED RESOLUTION NO. R11-079 C. - Approve and authorize the Interim City Manager to sign Amendment No. 1 reducing the scope and amount from $678,668 to $285,300 to Task Order #U08-5-01 with CH2M Hill, Inc. for the Central Seacrest Corridor Drainage Improvements and Water Main Replacement project.. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Recommend approval of negotiated settlement of $14,000 in Konstantinos Kampouris v. City of Boynton Beach B. Approve settlement with Blake’s Towing & Transport Inc. and authorize the City Attorney's Office to draft a settlement and release agreement. C. Recommend approval of negotiated settlement of $7,500 in Cheryl Hughes v. City of Boynton Beach 9. PUBLIC HEARING 7 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. Request for New Site Plan approval to construct an 8,806 square foot two-story medical office building with retail pharmacy on a 0.66-acre parcel in the C-3 (Community Commercial) zoning district. 10. CITY MANAGER’S REPORT A. Discuss the request by the 300 Property Owners Association to enter into a land-lease agreement for the Meadows parcel located at the SW corner of Meadows and Springfield Boulevards. B. Consideration of Transferring Project Approval from the Planning and Development Board to the CRA Board for Projects Located within the CRA 11. UNFINISHED BUSINESS A. Update on the status of developing a "dog park" in Boynton Beach. 12. NEW BUSINESS None 5 of 374 13. LEGAL A. Consideration of revocation of the City's Lobbyist Registration Ordinance and adoption of Lobbyist disclosure procedures PROPOSED ORDINANCE NO. 11-019 - FIRST READING B. - Approve amendments to the land development regulations to add Florida-Friendly Landscaping standards and provisions. Applicant: City-initiated. 14. FUTURE AGENDA ITEMS A. Economic Development Plan - 8/02/11 B. Authorization for Utilities Revenue Bonds - 8/02/11 C. Veteran's Park on Ocean Ave - 08/16/11 D. City Manager Search - 8/16/11 E. Climate Action Plan Implementation Status Report - 8/16/11 F. Follow-up to City/CRA workshop - 9/06/11 G. Recommendation from the “review committee” to rename the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD H. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 374 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of a video created by teens participating in EQUESTED CTION BY ITY OMMISSION the City's Youth Empowerment Center (YEC) at the Carolyn Sims Center. Presenters will be Recreation & Parks Director Wally Majors, YEC Coordinator Vickie Henderson, and YEC teen participants. ER: This video provides a summary of the various activities being XPLANATION OF EQUEST offered to teens in our community as part of this program. The program is funded through a Youth Gang Prevention and Intervention grant that was awarded by the U.S. Department of Justice to the Palm Beach County Criminal Justice Commission (CJC). At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention and Intervention Grant in the amount of $71,352.75 to support the YEC of Boynton Beach. With this funding local teens are able to choose from an exciting and varied menu of activities, which include car restoration, arts crafts, video/music production, employment skill, mentoring, conflict resolution and drama. H? The presentation will create interest in the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES YEC program. FI: N/A ISCAL MPACT A: Do not view the video presentation. LTERNATIVES 7 of 374 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 07/19/11 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of Community Ratings System (CRS) Plaque EQUESTED CTION BY ITY OMMISSION to Mayor and City Commission. The presentation will be made by Andrew Mack, Building Official and Kathleen Lee, Building Div. Fee Coordinator & Palm Beach County CRS User's Group Co-chair. ER: The City of Boynton Beach has received a plaque from FEMA in XPLANATION OF EQUEST honor of achieving a better class rating with the Community Ratings System (CRS). The CRS is a voluntary program in which the City participates. The goals of the CRS are to reduce flood damage to insurable property; strengthen and support the insurance aspects of the NFIP (National Flood Insurance Program) and to encourage a comprehensive approach to floodplain management. Staff has worked diligently over the last year to implement new activities and earn additional points in the CRS program. The activities include providing information and education to residents about flooding and flood zones. We are continuing to work on floodplain management as an additional method of protecting residents and further improving our CRS rating. Many of the departments have worked together to achieve this common goal. Through these new activities the City has achieved a class 7 rating. This new class rating has increased the discount on flood insurance policies for Boynton Beach residents from 10% to 15%, effective 10/1/2011. H? This presentation will raise awareness of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the Community Ratings System and recognize staff for their excellent work and effort. FI: As a result of achieving a class 7 rating, Boynton Beach residents will receive ISCAL MPACT a 15% discount on flood insurance policies effective October 1, 2011. 8 of 374 A: Not allow presentation LTERNATIVES 9 of 374 5. A ADMINISTRATIVE July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 10 of 374 11 of 374 12 of 374 13 of 374 14 of 374 15 of 374 16 of 374 17 of 374 18 of 374 19 of 374 20 of 374 6. A CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-075 - Approve EQUESTED CTION BY ITY OMMISSION contract between the City of Boynton Beach and Culinary Solutions to provide meals for activated city employees post-disaster in a Declaration of Emergency, such as a hurricane or other disaster. ER: The City is seeking to obtain services to provide food for city XPLANATION OF EQUEST employees who respond to the aftermath of a hurricane or other disaster in a Declaration of Emergency. The meals provided are breakfast, lunch, dinner and a late dinner. Five (5) caterers were contacted and three (3) responded to our request. The three (3) are Chez Gourmet, Culinary Solutions and Richards Catering. The results are as follows: Chez Gourmet Breakfast $13 - $15 per person Lunch $17 - $19 per person Dinner $22 - $25 per person Late Dinner $10 - $12 per person Culinary Solutions Breakfast $3.50 per person (100 person minimum) Lunch $5.00 per person (100 person minimum) Dinner $6.00 per person (100 person minimum) Late Dinner $6.00 per person (100 person minimum) Richards Catering Request a signing bonus of $1,000 before submitting pricing Each day will bring a different meal so the same meal is not served consecutively. A list of the menu is in the contract. 21 of 374 The previous vendor the City contracted with after hurricane Wilma was Sonny’s BBQ. The final invoice was $14,373.00 for providing meal service to activated employees post disaster. The City received FEMA reimbursement for the total dollar amount. Sonny’s BBQ did not want to provide a quote for consideration this season. H? As part of Emergency Operations Center OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES (EOC) Activation, the EOC organizational chart provides for Ground Support for staff under the Operations Section, by providing food and water for employees that have been called in to work post-disaster, during a Declaration of Emergency issued by the Executive Policy Group. The Logistics Section makes sure that contracts are in place ahead of time to provide needed resources in a Declaration of Emergency. The staff assigned to the Camp/Cantina Division (Operations Section) will set up tables and chairs at the Civic Center, as well as supervise the meals, pass out tickets to acquire the meals and render payment through the Finance Section. The Civic Center has been contacted and is aware of the possibility of hosting the commissary in the event of a hurricane or other emergency disaster. FI: Providing that 150 City employees attend each meal for 7 days the total cost ISCAL MPACT would be $21,525. The amount could decrease or increase based on the number of City employees. A: In the past it has not been feasible for activated staff to provide their own LTERNATIVES meals post-disaster. Power outages both at City Hall and at home, lack of refrigeration, off- hour and/or extended shifts, scarcity of open stores and inability to leave assigned posts all created the need for the city to provide meals to employees. Providing meals for field crews and EOC personnel is a common practice with all government agencies and is a reimbursable expense through FEMA. 22 of 374 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION BY THE INTERIM CITY MANAGER OF A FOOD CATERING SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND B & J CATERING, INC., D/B/A CULINARY SOLUTIONS TO PROVIDE MEALS FOR CITY EMPLOYEES IN THE EVENT OF A HURRICANE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is seeking to obtain services to provide food for City employees who respond to the aftermath of a hurricane event; and WHEREAS, staff contacted five (5) caterers and received proposals from three (3) of those contacted; and WHEREAS, the proposals were reviewed by staff and it was determined that the B & J Catering, Inc., d/b/a Culinary Solutions was the most responsive responsible proposer that met all the criteria. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the execution by the Interim City Manager of a Food Catering Services Agreement between the City of Boynton Beach and B & J Catering, Inc., d/b/a Culinary Solutions to provide meals for City employees in the event of a hurricane, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of July, 2011. CITY OF BOYNTON BEACH ___________________________ 23 of 374 Mayor – Jose Rodriguez ____________________________ Vice Mayor – William Orlove ____________________________ Commissioner – Woodrow L. Hay ____________________________ Commissioner – Steven Holzman ____________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 24 of 374 FOOD CATERING SERVICES AGREEMENT THIS FOOD CATERING SERVICES AGREEMENT ("Agreement"), made and entered into this ____ day of ________, 2011, by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation of Florida, having the principal address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 (“City”), and B & J CATERING, INC., d/b/a CULINARY SOLUTIONS, having the TH principal business and corporate address of, 1470 S.W. 8 STREET, BOYNTON BEACH FL. 33426. (“Vendor”) W I T N E S S E T H: WHEREAS, the City desires to enter into this Agreement with Vendor in order to insure that City employees are provided with meals in the event a hurricane impacts the City of Boynton Beach; and WHEREAS, the City has determined that it can best provide services to its citizens and residents following a hurricane if it can insure its employees that they can receive meals on a daily basis; and WHEREAS, the Vendor desires to provide meals to the City employees pursuant to this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein expressed, and of the faithful performance of all such covenants and agreements, the parties agree as follows: 1.0Catering Services. The Vendor agrees to provide food catering services to City employees, subject to the terms and conditions of this Agreement, following a hurricane that impacts the City. 2.0 Term. The Term of this Agreement shall be from July 20, 2011until December 31, 2011. The term may be extended by written agreement signed by both parties. 3.0 Vendor’s Obligations and Responsibilities. 3.1Vendor shall provide the following services: 3.1.1Vendor shall provide meals to City employees pursuant to the schedule and pricing contained in Exhibit “A”, which is attached hereto and incorporated herein by reference. Tickets shall be issued to employees for meals as follows: Blue tickets for breakfast; white tickets for lunch; and red tickets for dinner and late dinner. 3.1.2Employees coming off the night shift will be able to eat lunch during the breakfast sitting 25 of 374 3.1.3Vendor shall provide the City with telephone numbers for the Vendor's representatives so that the City may communicate with the Vendor prior to, during, and after the hurricane. 3.1.4Vendor shall take all necessary steps to insure that a sufficient quantity of meals are promptly made available to the City employees once it receives a request from the City to provide the meals pursuant to this Agreement. 3.1.5Vendor must provide sufficient food to serve no less than 500 employees. The number of employees could increase due to the severity of the storm. Vendor agrees to accommodate such increased number. 4.0 City’s Obligations and Responsibilities. 4.1City Of Boynton Beach shall have the following responsibilities and obligations pursuant to this Agreement: 4.1.1To contact the vendor once a hurricane warning is issued, and the City determines that the food catering services will be necessary. 4.1.2Once an “all clear” is issued, it will be the responsibility of the City to set up the tables and chairs in the area where the food catering services will be provided. 4.1.3To control and pass out blue, white and red tickets to City employees. 4.1.4Pay the Vendor based upon the number of tickets collected by the Vendor. The City will only pay the Vendor for food actually served to City Employees, as evidenced by the Vendor’s receipt of tickets from employees served a meal. The City is not responsible for the payment of any costs if food is purchased by the Vendor, but never served to City Employees. 4.1.5Provide the Vendor with the telephone numbers for the City's representatives and any alternate representatives. 4.1.6Assign City employees to the Civic Center to provide assistance for set-up and clean up of the area where the food services will be provided. 4.1.7If the Civic Center generator is inoperable, provide a backup 5550 generator. 5.0.Indemnification. Vendor agrees to so conduct its activities and the activities of its agents, employees, and subcontractors, so as not to endanger any person, and to indemnify and hold harmless the City, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising out of or in any way connected to activity or inactivity of Vendor, its agents, employees, or subcontractors, and resulting or occurring from any negligent act, omission or error of Vendor, its agents, employees, or subcontractors, resulting in or relating to injuries to body, life, limb or property sustained as a result of activities associated with this Agreement, or arising out of the use of said premises by Vendor, its agents, employees, or subcontractors. City shall not be responsible for any property damage or bodily injury sustained by Vendor, its employees, agents, or subcontractors for any 26 of 374 cause whatsoever, prior, during, or subsequent to the period of time during which this Agreement is in effect. 6.0.Insurance. Please see Exhibit B. 7.0.Compliance with Laws. Vendor shall comply with all laws of the United States, and of the State of Florida, all ordinances of the City of Boynton Beach, all rules and requirements of the Police, Fire Departments, or other municipal authorities of the City of Boynton Beach, and any other applicable local laws, ordinances and regulations and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during the terms of this Agreement in violation of any such laws, ordinances, rules or requirements, and if the attention of said Vendor is called to any such violation on the part of the said Vendor, or any person employed by or admitted to the said premises by said Vendor, such Vendor will immediately desist from and correct the violation. 8.0.Non-discrimination. Vendor shall not discriminate in the delivery of services under this Agreement against any person because of race, creed, color, religion, sexual preference or national origin. 9.0.Non-exclusive Agreement. This Agreement is non-exclusive. 10.0.Independent Contractor. This Agreement shall not be construed as creating any joint employment or employer-employee relationship between Vendor and City. Vendor and City agree that Vendor is an independent contractor under this Agreement. Neither Vendor nor any employee of the Vendor shall be entitled to any benefits accorded city employees by virtue of the provision of services under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program. 11.0.Termination of Agreement. 11.1 City may terminate this agreement at any time for any reason whatsoever, including convenience, discourteous actions or behavior towards patrons, poor quality vending or consumables, failure to cooperate with City staff, actions bringing discredit to the City, the Vendor being involved in an illegal activity, or a breach of any provision of this Agreement. 11.2The cancellation or termination of this Agreement shall not relieve Vendor of any liabilities or obligations hereunder which shall have accrued prior to the effective date of cancellation or termination. 12.0.Assignment of Agreement; Amendment.Vendor shall not assign, transfer, or otherwise encumber this Agreement, or any part thereof, in any manner without the prior written consent of the City endorsed hereon. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13.0.Other Business. Vendor shall not undertake or participate in any business, exhibit or activity on the Event site other than herein specified. The activities described herein shall not be presented by any name or description other than that hereinabove designated, nor shall Vendor 27 of 374 use any name other than that stated in this Agreement in the performance of its activities without the prior written consent of City. 14.0.Extent of Agreement. That all terms and conditions of this written Agreement shall be binding upon the parties, their heirs or representatives, and assigns, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto, unless the same be in writing and mutually signed by the duly authorized agent or agents who execute this Agreement. 15.0.Waiver. Failure of the City to insist upon strict performance of any covenant or condition or this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the failure of such covenant, condition, or right, but the same shall remain in full force and effect. 16.0.Governing Law; Venue. This agreement shall be governed by the laws of the State of Florida with venue for purposes of any litigation lying in Palm Beach County, Florida. 17.0.Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF BOYNTON BEACH ATTEST: By: _______________________________ Lori LaVerriere, Interim City Manager ________________________ Janet M. Prainito, MMC City Clerk Approved as to form: By: __________________________ Office of the City Attorney Signed, Sealed, and delivered B & J CATERING , INC. In the presence of: d/b/a CULINARY SOLUTIONS _________________________________ BY:____________________________________ Print Name: ____________________________ _________________________________ Title: __________________________________ Print Name _________________________________ 28 of 374 _________________________________ (CORPORATE SEAL) Print Name ATTEST: ________________________________ Secretary STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared _______________________________ as ______________________, of B & J CATERING, INC., d/b/a CULINARY SOLUTIONS., an organization authorized to do business in the State of Florida, and acknowledged executed the foregoing Agreement as the proper official of B & J CATERING, INC., d/b/a CULINARY SOLUTIONS, for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me or has produced __________________________ as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _____________ day of _________________, 2011. ________________________________ NOTARY PUBLIC My Commission Expires: 29 of 374 EXHIBIT “A” 1. Menu  Please state your menu below. Please ensure the meals will be served as to not serve the same meal in consecutive days. The number of people served varies from 50 to 200 per meal per day. Breakfast Lunch Dinner & Later Dinner Day 1Day 1Day 1 Ham, Egg and Cheese Croissant Sandwich or Wrap Chicken Marsala with Pasta With side and chips Day 2Day 2 Day 2 Bacon, Egg and Cheese Bagel Grilled Chicken Caesar Salad Chicken Francias with Potato Day 3 Day 3 Day 3 Western Omelet Sandwich Tuna, Egg or Chicken Salad Ham with Sweet Potato Served with Vegetables Day 4 Day 4 Day 4 Ham, Egg and Cheese Croissant Chef Salad Yankee Pot Roast Day 5 Day 5 Day 5 Bacon, Egg and Cheese Bagel Sandwich or Wrap Baked Ziti with Meatballs With side and chips Day 6 Day 6 Day 6 Western Omelet Sandwich Grilled Chicken Caesar Salad Chicken Marsala with Pasta Day 7 Day 7 Day 7 Ham, Egg and Cheese Croissant Tuna, Egg or Chicken Salad Chicken Francias with Potato 2. Pricing  Breakfast 1. Boxed $3.50  Lunch 1. Boxed $5.00  Dinner Late Dinner 1. Hot $6.00 1. Hot $6.00 30 of 374 3. Hours  Breakfast 7am to 9am  Lunch 12pm to 2pm  Dinner 6pm to 8pm  Late Dinner 10pm to 12am 31 of 374 Exhibit B INSURANCE 1. It shall be the responsibility of the successful bidder to maintain workers’ compensation insurance, property damage, liability insurance and vehicular liability insurance during the duration of this contract. 2. The successful bidder shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). 3. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. 4. The successful bidder shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. 5.The successful bidder shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. 6.Reference Insurance Advisory Form (Attachment A) for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. RM/ Ins Contract Language 01.doc 32 of 374 ATTACHMENT A 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+” (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) or higher. The (NOTE: This list is not all inclusive, and following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE MINIMUM LIMITS REQUIRED (Occurrence Based Only) ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 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 ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM05 Revised 07/2009 33 of 374 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO:Tim Howard, Deputy Director of Financial Services CC: Barry Atwood, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: June 21, 2011 SUBJECT: Food for Employees after Hurricane I contacted 5 caterers in regards to providing food for our employees in the aftermath of a hurricane. The following are the responses from 3 caterers that responded. along with my recommendation. Chez Gourmet 1. Menu 34 of 374  Chez is offering a variety of selections for breakfast, lunch and dinner. The meals will be served to insure the same meal is not served in consecutive days. Breakfast Lunch Dinner Later Dinner Day 1Day 1Day 1 Day 1 Pancakes, Eggs Roast Turkey Meatloaf Chicken Noodle Soup Fruit and Toast Mac & Cheese Mashed Potatoes with Crackers Salad Green Beans Day 2Day 2Day 2 Day 2 Fruit Smoothies Teryaki Chicken Veg Stirfry Wonton Soup Fruit and Muffins Cold Sesame Noodle Jasmine Rice Noodles Salad Veg Springroll Crisp Wonton Triangles Day 3 Day 3 Day 3 Day 3 Frittatas Chicken Parm Sub Baked Ziti w/ Meatballs Tomato Soup Hash browns Italian Salad Caesar Salad Garlic Bread Fruit Tomato/Mozz Salad Day 4 Day 4Day 4 Day 4 Breakfast Taco Chipotle Chicken Ropa Vieja Cheese Quesadilla Salsa Taco Bar Black Beans and Rice Guacamole Fruit Plantains Sour Cream Day 5 Day 5 Day 5 Day 5 Waffles Fish and Chips Pasta Pamanera Cornchowder Oatmeal Coleslaw Grilled Chicken Biscuits Fruit Day 6 Day 6 Day 6 Day 6 Scramble Eggs BBQ Pulled Pork BBQ Chicken Macaroni and Cheese Sausage Roast Potato Salad Baked Beans Bagels w/ Cream Cheese Roasted Corn Salad Day 7 Day 7 Day 7 Day 7 Stuffed Apple Roast Beef Sub Baked Tilapia Vegetable Pizza Wedges French Toast Pasta Salad with Lemon Sauce FruitRoasted Parolo Vegetables 2. Pricing  Pricing are as follows; breakfast is $13 - $15, lunch is $17 -$19, dinner is $22 - $25 and late dinner is $10 - $12. Culinary Solutions 35 of 374 1. Menu  Culinary is offering a variety of selections for breakfast, lunch and dinner. The meals will be served to insure the same meal is not served in consecutive days. . Breakfast Lunch Dinner & Later Dinner Day 1Day 1Day 1 Ham, Egg and Cheese Croissant Sandwich or Wrap Chicken Marsala with Pasta With side and chips Day 2Day 2 Day 2 Bacon, Egg and Cheese Bagel Grilled Chicken Caesar Salad Chicken Francias with Potato Day 3 Day 3 Day 3 Western Omelet Sandwich Tuna, Egg or Chicken Salad Ham with Sweet Potato Served with Vegetables Day 4 Day 4 Day 4 Ham, Egg and Cheese Croissant Chef Salad Yankee Pot Roast Day 5 Day 5 Day 5 Bacon, Egg and Cheese Bagel Sandwich or Wrap Baked Ziti with Meatballs With side and chips Day 6 Day 6 Day 6 Western Omelet Sandwich Grilled Chicken Caesar Salad Chicken Marsala with Pasta Day 7 Day 7 Day 7 Ham, Egg and Cheese Croissant Tuna, Egg or Chicken Salad Chicken Francias with Potato 2. Pricing  Pricing are as follows; breakfast is $3.50, lunch is $5.00, dinner is $6.00 and late dinner is $6.00. Richards Catering Richards Catering offered to submit pricing only if we agreed to a $1,000 signing bonus. It is my recommendation, based on the evaluating factors, that Culinary Solutions be awarded the contract. Culinary Solutions does state in their quote that the pricing is good 36 of 374 for a minimum of 100 people per meal. Due to the price difference between low bidder and second low bidder, I feel we can meet that minimum.. Also, we could award a secondary vendor; Chez Gourmet, in the event Culinary Solutions is unable to fulfill their commitment due to extensive damage. 37 of 374 6. B CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000 for the month of June 2011. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. H? Ordinance No.01-66, Chapter 2, Section OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining ISCAL MPACT processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 38 of 374 39 of 374 40 of 374 41 of 374 42 of 374 43 of 374 44 of 374 45 of 374 46 of 374 47 of 374 48 of 374 49 of 374 50 of 374 51 of 374 52 of 374 53 of 374 54 of 374 55 of 374 56 of 374 57 of 374 58 of 374 6. C CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-076 - Approve a EQUESTED CTION BY ITY OMMISSION Material Recovery System Agreement with Unique Management Services, Inc., for the City of Boynton Beach Library, at a cost of $8.95 per patron. Also, allow the purchase of the related DebtCollect Computer System Interface Module from SirsiDynix at a one-time cost of $4,300 for the first year and $790 maintenance cost the second year. ER: XPLANATION OF EQUEST SirsiDynix is the Library’s computer automation system vendor. SirsiDynix supports and maintains all library patron data, library material records, cataloging records, and the online iBistro search function that allows library users to search our collection for specific book titles, etc. Unique Management Systems, Inc. (Unique) works as a sole source vendor with SirsiDynix to provide automated transfer of library patron records that have materials outstanding more than 45 days. Unique works exclusively with libraries to recover overdue materials, fines, and fees without alienating patrons. Unique will charge the Library $8.95 per patron account being collected. Only accounts that amount to greater than $25.00 will be submitted for collection. The $8.95 will be recovered by adding a $10 administrative fee to each patron account being collected (charging the cost back to the patron). Unique uses their Gentle Nudge® Process. Unique partners with SirsiDynix to make it easy for libraries to use their service with minimal commitment of staff time. Unique does report non-collected accounts after 120 days to all three nationwide credit agencies. Unique has been working for libraries since 1996, and have helped recover over $250 million 59 of 374 . in value of materials, fines, and feesUnique Management and SirsiDynix offer a free 90 day trial period to try the service. As of June 6, 2011 (a snapshot it time) there are 166 patrons that have not returned 363 overdue items between February and April 2011. These items are worth a total of $5,863.44. Unique would bill the library for 166 patrons x $8.95 = $1,485.70. Unique claims a success rate of 60%, which totals $3,518.06 in collections. The library would direct Unique to go back 90 days for initial collections. Two library systems that we have contacted, Palm Beach County Library System and Henderson County Library in Nevada have used the exact system for several years and have been very happy with it. The agreement with Unique may be canceled by either party upon 60 days written notice. The agreement with SirsiDynix is a three year term and auto-renew annually thereafter. The agreement may be canceled by the Library upon 60 days written notice after the initial three year term. H? This collection system will save staff time OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and postage costs. Staff will only be required to initiate two automated phone calls, send automated emails and physically send one overdue letter at 30 days. Unique takes over the process at 45 days overdue by automatically uploading overdue information via the SirsiDynix interface module. Current Collection Process completed by Library Staff: < 3 weeks Patrons are called and emailed 2 times (both automated systems) 4 weeks Overdue notice is created and mailed in letter form 6 weeks Overdue notice is created and mailed in letter form 5 months Overdue notice is created and mailed in letter form FI: A one time charge of $4,300 will be paid directly from the Library’s operating ISCAL MPACT budget to purchase the related DebtCollect Computer System Interface Module from SirsiDynix (001- nd 2610-571-46-22). The 2 year maintenance cost of $750 will be requested in FY12-13 budget request. There will be a comparable maintenance charge each year thereafter. Unique will charge the Library $8.95 per patron collection, whether they collect or not. A: Do not approve and continue to lose Library inventory. LTERNATIVES 60 of 374 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION BY THE INTERIM CITY MANAGER OF A MATERIAL RECOVERY SYSTEM AGREEMENT WITH UNIQUE MANAGEMENT SERVICES, INC., FOR THE RECOVERY OF OVERDUE MATERIALS, FINES AND FEES AT THE BOYNTON BEACH CITY LIBRARY; AUTHORIZING THE ASSESSMENT OF A $10.00 ADMINISTRATIVE FEE TO LIBRARY COLLECTION ACCOUNTS; APPROVING THE PURCHASE OF RELATED DEBTCOLLECT COMPUTER SYSTEM INTERFACE MODULE FROM SIRSIDYNIX; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as of June 6, 2011, there were 166 patrons with 363 overdue items worth approximately $5,863.44; and WHEREAS, Unique Management Systems, Inc., works as a sole source vendor with SirsiDynix (the Library’s computer automation system vendor) to provide automated transfer of library patron records that have materials outstanding more than 45 days; and WHEREAS, City staff is recommending the use of Unique Management Systems, Inc., as it will save staff time and postage costs since Unique takes over the collection process at 45 days overdue by automatically uploading overdue information via the SirsiDynix interface module. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the execution by the Interim City Manager of material recovery system agreement with Unique Management Services, Inc., a sole source provider, for the recovery of overdue materials, fines and fees at the Boynton Beach City Library, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. The City Commission of the City of Boynton Beach, Florida hereby authorizes the assessment of a $10.00 administrative fee to patrons with Library collection accounts. Section 4. The City Commission of the City of Boynton Beach, Florida hereby approves the 61 of 374 purchase of related DebtCollect Computer System Interface Module from SirsiDynix, a sole source provider, at a one-time cost of $4,300 for the first year and $790 maintenance cost for the second year. Section 5. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of July, 2011. CITY OF BOYNTON BEACH ___________________________ Mayor – Jose Rodriguez ____________________________ Vice Mayor – William Orlove ____________________________ Commissioner – Woodrow L. Hay ____________________________ Commissioner – Steven Holzman ____________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 62 of 374 63 of 374 64 of 374 65 of 374 66 of 374 67 of 374 68 of 374 69 of 374 70 of 374 71 of 374 72 of 374 73 of 374 74 of 374 75 of 374 76 of 374 77 of 374 78 of 374 79 of 374 6. D CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid Award for "SUPPLY OF INJECTION EQUESTED CTION BY ITY OMMISSION MOLDED MOBILE REFUSE CONTAINERS & PARTS FOR THE AUTOMATED GARBAGE COLLECTION PROGRAM" Bid # 054-2510-11-JMA to Otto Environmental Systems of Charlotte, NC. Purchases will be made on an "AS NEEDED BASIS", anticipated annual expenditure is $67,047. BT:J20,2011–J19,2012 ID ERM ULY ULY ER: The Solid Waste Division purchases mobile refuse carts for the XPLANATION OF EQUEST automated garbage collection program. The carts are located throughout the City specifically at resident’s homes. The carts are then placed at the curb twice weekly and automated trucks pickup the carts. Two sizes of carts are offered (65 gallon and 95 gallon) to residents as they are specific for the automated vehicles. Each year the Solid Waste Division bids mobile refuse carts in three specific sizes, 35, 65 and 95 gallon to ensure the best possible price for the automated service. It should be noted that since February 2009 the Solid Waste Division began phasing out the option for 35 gallon carts due to mechanical issues and high maintenance costs with the automated arms on the vehicles (see attached memorandum #09- 006). *Even though the 35 gallon carts are being phased out staff included the 35 gallon size in the bid in the event that future enhancements to the grabbers arms on the vehicles are improved allowing us to return to offering the use of 35 gallon carts to our residents. Mobile refuse carts are purchased for replacements for damaged, lost or stolen carts. In addition when new neighborhoods are built, new carts are purchased. On May 26, 2011, Procurement Services opened and tabulated four (4) bids. Bids were evaluated by the Public Works Department and it was determined that Otto Environmental Systems, of Charlotte, NC was the most practical, responsible bidder who meets all 80 of 374 specifications. It was determined that although Schaefer Systems International was lower in price for the 95 gallon cart by $.70, Otto Environmental Systems was lower in price for the 65 gallon cart by $3.69 per cart. The savings per cart on the 65 gallon carts more than justifies the smaller differential savings on the 95 gallon carts as outlined in Memorandum #11-017 from Public Works (attached). Previous fiscal years expenditures were as follows: FY 2010/2011 (to date) $62,539.41 FY 2009/2010 $40,840.96 FY 2008/2009 $71,931.63 Based on prior and current year purchases, and as stated in the Bid, the Solid Waste Division anticipates ordering 1,500 carts annually. The bid allows staff to order any quantity of each size as needed. They will only be ordered on an “AS NEEDED BASIS”. Below is a chart showing how many carts of each type staff anticipates purchasing over the next year along with the unit prices listed on the Bid Tabulation Form: CART 35 gallon cart 65 gallon cart 95 gallon cart TOTAL INFORMATION Unit Cost / Ext. Cost Unit Cost / Ext. Cost Unit Cost / Ext. Cost *0 900 600 1,500 Anticipated Purchase OTTO ENV. SYS. $34.95 / *0 $41.79 / $37,611 $49.06 / $29,436 $67,047 REHRIG PACIFIC $41.70 / *0 $48.25 / $43,425 $52.75 / $31,650 $75,075 SCHAEFER SYS. $41.10 / *0 $45.48 / $40,932 $48.36 / $29,016 $69,948 TOTER, INC. $36.97 / *0 $45.97 / $41,373 $53.97 / $32,382 $73,755 *Presently being phased out. H? The purpose of this bid is to secure a firm OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES price for a one (1) year period for the purchase of Mobile Refuse Containers to continue to provide automated refuse service to the residents of Boynton Beach. This bid can be renewed for an additional two (2) one-year periods at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FI: Carts will be purchased from account number 501-431-2515-534.52-74. The ISCAL MPACT budget line item is $170,000 in the FY 2011/12 budget. This amount includes funding for commercial and roll off containers as well. A: Not approve the bid and require residents to purchase their own carts meeting LTERNATIVES our specifications. 81 of 374 82 of 374 83 of 374 84 of 374 85 of 374 TO: Tim Howard, Assistant Finance Director FROM: Christine Roberts, Assistant Public Works Director DATE: June 22, 2011 SUBJECT: Bid #054-2510-11/JMA Mobile Refuse Carts I have reviewed the bid tabulation sheets for the Mobile Refuse carts. It is my recommendation that the contract be awarded to Otto Environmental Services. The Bid shows Schaffer Systems is $.70 lower on the 95 gallon cart which is a savings of $268.80 per load, while Otto is $3.69 per cart lower on 65 gallon cart which is a savings of $2,435.40 per load. Since the decision to discontinue the purchase and use of the 35 gallon cart, our demand for 65 gallon carts has increased significantly. The savings per cart on the 65 gallon carts more than justifies the smaller differential saving on the 95 gallon carts. If you have any questions or concerns please feel free to contact me at extension 6203. 86 of 374 TO: Jeffrey Livergood, Public Works Director THRU: Christine Roberts, Assistant Public Works Director FROM: Larry Quinn, Solid Waste Manager DATE: February 10, 2009 SUBJECT: 35 Gallon Carts Recently I met with Christine Roberts as she posed some concerns related to the high maintenance cost in repairing the grabber arm on our automated vehicles. After investigating the repair costs it was determined that the reason for the high cost was due to having to adjust the arms to pick up 35 gallon carts. Due to the limitations of the grabber arms they do not allow for tight closures around the 35 gallon cart. This doesn’t happen when picking up 65 or 95 gallon containers due to the diameter of the carts which do not require complete closure of the grabber arms. In an ongoing effort to save money in these difficult budget times, I offer the following scenario to cut down on our current vehicle maintenance costs. During the past twelve months, we have spent $17,137 repairing the grabber arm on our automated vehicles. This expense could be reduced by eliminating the 35 gallon cart from our inventory. The arms have to be adjusted to pick up 35 gallon carts without crushing the 65 and 95 gallon carts. As the arm begins to wear, the 35 gallon carts begin to slide thru the arm and fall into the truck. This wear is normal and does not affect the service on a 65 or 95 gallon cart. Although these repairs are a normal cost of doing business, they are happening much more quickly than necessary because we pick up 35 gallon carts. By eliminating these small carts, we can increase the life of our grabber arms twofold. I recommend that we no longer offer the 35 gallon cart to new customers and phase out our inventory on existing customers to 65 or 95 gallon carts. Although this will not be popular, I think in these troubled budget times it is necessary to save money anyway we can. The impact of this change may not be seen immediately, it will save money and wear and tear to our vehicles over the long haul. Copy: PW Files 87 of 374 6. E CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-077 - Approve EQUESTED CTION BY ITY OMMISSION piggyback of the three (3) year extension of the Solid Waste Authority's agreement with Malcolm Pirnie, Inc. of Plantation, FL for Disaster Debris Management and Support Services. The Agreement No. 08- 233 (attached) is to be utilized on an "AS NEEDED BASIS". All expenditures will be eligible for reimbursement from FEMA. The Solid Waste Authority complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements and the option for this extension is provided for in the agreement. CONTRACT PERIOD: AUGUST 12, 2011 TO AUGUST 11, 2014 ER:th On July 6, 2010 the City Commission approved a Resolution, #R10-083 with XPLANATION OF EQUEST Malcolm Pirnie, Inc. for Temporary Debris Site Monitors in the event of a hurricane. At the time of approval the Agreement for Professional Services between the Solid Waste Authority and Malcolm Pirnie, Inc. was in its third year. The Agreement under Article 1 – Effective Date allows the option of extending the Agreement for three (3) th additional years at the same terms and conditions. At the June 8, 2011 Solid Waste Authority Board Meeting the Board approved the three year extension for professional services. Staff is requesting that the City Commission approve the extension to the agreement Following the hurricanes of 2004-05, we experienced minor reimbursement issues for debris removal tickets requiring follow up investigation. Those problems were almost exclusively site monitoring issues. After these storms the City used a variety of city employees to serve as site monitors. This required employees to suspend their regular work operations to serve as monitors. Uniform training of monitors under real life circumstances was difficult at best. Furthermore, many of the job titles used by the City for monitoring during the storms have been eliminated from subsequent budgets. Therefore, there is fewer City staff available to serve as monitors. Site monitors are individuals responsible to determine the volume of debris in each truck load at the disposal site. The loads are inspected from a catwalk and it is imperative that the estimated volume is consistent with the volume determined by FEMA site monitors. Malcolm Pirnie, Inc. will provide temporary debris site monitors on 88 of 374 behalf of the City of Boynton Beach to observe debris unloading operations at the Solid Waste Authority's temporary debris sites to assure efficient traffic flow and proper handling of load tickets that record FEMA data. The Malcolm Pirnie temporary site monitors calibrate their debris vehicle load determinations with the FEMA monitors thereby eliminating discrepancies. Malcolm Pirnie employees are well trained in these activities and are responsible for their actions. This process will greatly improve our reimbursement capabilities with FEMA. Attached is a letter from Solid Waste Authority authorizing the City of Boynton Beach to piggy-back their contract. Also attached is an acceptance letter from Malcolm Pirnie, Inc. dated May 26, 2011 to extend the Contract for an additional three years commencing on August 12, 2011 thru August 11, 2014. For informational purposes attached is the original Agreement from the Solid Waste Authority and the Agreement that was approved by the City Commission. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Due to critical nature of this service, it is imperative to have a contract in place in the event of a hurricane/disaster/emergency situation. Temporary Debris Site monitors are expected to provide volume determination consistent with FEMA. FI: Debris removal expenditures are eligible for reimbursement from FEMA. ISCAL MPACT A: Not to piggy-back this contract LTERNATIVES 89 of 374 RESOLUTION NO. R-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE THREE YEAR EXTENSION OF A PIGGY-BACKING OF A CONTRACT BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND MALCOLM PIRNIE, INC., FOR DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES ON AN “AS NEEDED” BASIS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 6, 2010, the City Commission approved a piggy-back of a solid Waste Authority Agreement with Malcolm Pirnie, Inc., for temporary site monitoring services during the 2010 hurricane season on an “as needed” basis; and WHEREAS , the Agreement provided for the option of extending the Agreement for three (3) additional years at the same terms and conditions which the Solid Waste Authority approved doing on June 8, 2011; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve the three (3) year extension of the piggy- back of the Solid Waste Authority’s Agreement with Malcolm Pirnie, Inc., for Disaster Debris Management and Support Services on an “as needed” basis. 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 incorporated herein by this reference. Section 2. The City Commission hereby approves the three (3) year extension of the piggy-back of the Solid Waste Authority’s Agreement with Malcolm Pirnie, Inc., for Disaster Debris Management and Support Services on an “as needed” basis. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of July, 2011. CITY OF BOYNTON BEACH, FLORIDA 90 of 374 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 91 of 374 92 of 374 93 of 374 94 of 374 95 of 374 96 of 374 97 of 374 98 of 374 99 of 374 100 of 374 101 of 374 102 of 374 103 of 374 104 of 374 105 of 374 106 of 374 107 of 374 108 of 374 109 of 374 110 of 374 111 of 374 112 of 374 113 of 374 114 of 374 115 of 374 116 of 374 117 of 374 118 of 374 119 of 374 120 of 374 121 of 374 122 of 374 123 of 374 124 of 374 125 of 374 126 of 374 127 of 374 128 of 374 129 of 374 130 of 374 131 of 374 132 of 374 133 of 374 134 of 374 135 of 374 136 of 374 137 of 374 138 of 374 139 of 374 140 of 374 141 of 374 142 of 374 143 of 374 144 of 374 6. F CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-078 - Approve the EQUESTED CTION BY ITY OMMISSION Interlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach for building services. ER: Approve a contract with the Town of Hypoluxo wherein the City of XPLANATION OF EQUEST Boynton Beach will provide building services on an as needed basis. The Interlocal Agreement would be in effect until July 30, 2012. H? Due to the size (2,500 pop) and location OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of the Town of Hypoluxo adjacent to the City of Boynton Beach along Federal Highway, and the low volume of work load that the Town of Hypoluxo requires; the Interlocal agreement will have no negative affects on City services. FI: Approximately $29,120 of additional revenue to the City of Boynton Beach for ISCAL MPACT the full contract period of 52 weeks. A: Do not approve the contract. LTERNATIVES 145 of 374 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF HYPOLUXO FOR BUILDING CODE ADMINISTRATION AND INSPECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statues, known as the “Florida Interlocal Cooperation Act of 1969” authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, The Town of Hypoluxo is desirous of procuring all or some of the building code administration and inspection services which is provided by the City of Boynton Beach Development Department; and WHEREAS , the Building Division of the Boynton Beach Development Department is willing to perform such services; and WHEREAS , the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize execution of the Interlocal Agreement with the Town of Hypoluxo for building code administration and inspection services. 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 hereby ratified as being true and correct and incorporated herein by this reference. 146 of 374 Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and authorizes the Interim City Manager and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Town of Hypoluxo for building code administration and inspection services, said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – William Orlove _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Steven Holzman ATTEST: _______________________________ Commissioner – Marlene Ross _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 147 of 374 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF HYPOLUXO AND THE CITY OF BOYNTON BEACH FOR BUILDING CODE ADMINISTRATION SERVICES This Interlocal Agreement, (“Agreement”) is made and entered into by and between: The CITY BOYNTON BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "BOYNTON BEACH;" AND The TOWN OF HYPOLUXO, a municipal corporation organized and existing under the laws of the state of Florida, hereinafter referred to as "HYPOLUXO." WHEREAS , this Agreement is entered into pursuant to §163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969" and §468.617, Florida Statutes, which authorizes local governments to enter into contracts with each other to provide building code administration and inspection services; and WHEREAS , BOYNTON BEACH maintains a Development Department that provides building code administration and inspection services; and WHEREAS , HYPOLUXO is desirous of procuring all or some of BOYNTON BEACH’s building code administration and inspection services within the municipal boundaries of HYPOLUXO; and WHEREAS , BOYNTON BEACH is willing to perform such Services pursuant to the terms and conditions hereafter set forth in this Agreement. NOW, THEREFORE , IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, and other good and valuable consideration, BOYNTON BEACH and HYPOLUXO agree as follows: ARTICLE 1 - SCOPE OF SERVICES 1.1 BOYNTON BEACH agrees to perform building code inspection and administration services within HYPOLUXO in accordance with the terms of this Agreement, on an as needed basis. These services shall include serving as HYPOLUXO’s building code administrator in accordance with Section 468.604, Florida Statutes, and as contemplated under the Florida Building Code, performing all necessary reviews and inspections, including, but not limited to, issuing building permits, providing inspections relating to such permits, and issuing certificates of occupancy (“Services”). The Services shall also include providing inspections and testimony relating to code enforcement. In providing the Services, BOYNTON BEACH shall supply one of its employees to be on site within HYPOLUXO as may be required by the work load and at times mutually agreed upon between BOYNTON BEACH and HYPOLUXO, but no less than one (1) day per week. BOYNTON BEACH shall also provide consultation from its Development Department located within BOYNTON BEACH City Hall. HYPOLUXO and BOYNTON BEACH may provide for a specific schedule of services, a method of contact, a method of tracking permits and other matters through a Memorandum of Understanding acceptable to each municipality. 148 of 374 1.2 BOYNTON BEACH shall be solely responsible for obtaining and complying with all necessary licensures, approvals and authorizations required for maintaining employees who are building code administrators and inspectors. 1.3 BOYNTON BEACH shall perform the Services pursuant to this Agreement through its Development Department, or any successor division as may be designated by the BOYNTON BEACH City Manager. 1.4 Additional Services may be provided to HYPOLUXO upon written Amendment to this Agreement, as provided in Section 9.6. ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED 2.1 It is specifically understood and agreed that all rights and powers as may be vested in HYPOLUXO pursuant to the Florida Constitution and Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of HYPOLUXO not specifically addressed by this Agreement, shall be retained by HYPOLUXO. ARTICLE 3 - COMPENSATION 3.1 BOYNTON BEACH shall provide the Services as required pursuant to this Agreement at the following rates: Field Inspector - $50.00 per hour Building Official (Licensed Building Code Administrator) - $70.00 per hour Additional services as may be negotiated 3.2 BOYNTON BEACH shall invoice HYPOLUXO on a monthly basis for Services actually provided to HYPOLUXO by BOYNTON BEACH during the preceding month. HYPOLUXO shall reimburse BOYNTON BEACH within forty-five (45) days of the date of the invoice. HYPOLUXO shall be invoiced for fractional portions of an hour in quarter hour increments to the nearest quarter hour at the rate set forth herein. 3.3 BOYNTON BEACH shall maintain adequate records to justify all charges for Services performed pursuant to this Agreement. HYPOLUXO shall have access to all books, records and documents for the purposes of audit or inspection during normal business hours. 3.4 BOYNTON BEACH will prioritize and respond to additional services requested such as emergency inspection services, intermittent, unplanned or limited, contingent on the availability of resources. ARTICLE 4 - TERM OF AGREEMENT 4.1 This Agreement shall be deemed to have commenced on August 1, 2011, and shall continue in . full force and effect until midnight, July 31, 2012 This Agreement may be extended for additional terms subject to the execution of a written amendment to this Agreement. 4.2 This Agreement shall remain in full force and effect until the termination date or any extended termination date, as set forth above, unless written notice of termination by BOYNTON BEACH or HYPOLUXO is provided pursuant to Section 8, NOTICES. 149 of 374 ARTICLE 5 - GOVERNMENTAL IMMUNITY Both parties are state agencies as defined in Chapter 768.28, Florida Statutes. Each agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 6 - INSURANCE BOYNTON BEACH and HYPOLUXO are self insured in accordance with provisions set forth within Section 768.28, Florida Statutes. ARTICLE 7 - TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice to the other party of such termination pursuant to Section 8, NOTICES, herein. HYPOLUXO shall pay BOYNTON BEACH for all Services performed prior to the effective date of termination. ARTICLE 8 - NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: 150 of 374 TO BOYNTON BEACH: Lori LaVerriere, Interim City Manager 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 With Copy to : Quintus Greene, Development Director 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, FL 333080 TO HYPOLUXO: Mayor Hypoluxo Town Hall 7580 S. Federal Highway Hypoluxo, FL 33462 With Copy to : Barbara Lee Searls, Town Clerk Hypoluxo Town Hall 7580 S. Federal Highway Hypoluxo, FL 33462 Leonard G. Rubin, Esquire Town Attorney 701 Northpoint Parkway Suite 209 West Palm Beach, FL 33407 ARTICLE 9 - MISCELLANEOUS PROVISIONS 9.1 ASSIGNMENT: BOYNTON BEACH shall perform the Services provided for in this Agreement exclusively and solely for the benefit of HYPOLUXO. Neither party shall have the right to assign this Agreement. 9.2 WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 151 of 374 9.3 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 9.4 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 9.5 INDEPENDENT CONTRACTOR: BOYNTON BEACH is an independent contractor under this Agreement. Services provided by BOYNTON BEACH pursuant to this Agreement shall be subject to the supervision of BOYNTON BEACH. In providing such services, neither BOYNTON BEACH nor its agents shall act as officers, employees, or agents of HYPOLUXO. This Agreement shall not constitute or make the parties a partnership or joint venture. 9.6 MODIFICATION: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9.7 CHOICE OF LAW: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. 9.8 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 9.9 FILING. An executed original of this Agreement and any amendment(s) hereto shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. [Remainder of page intentionally blank] 152 of 374 CITY OF BOYNTON BEACH Attest: By_____________________________ Lori LaVerriere, Interim City Manager __________________________ City Clerk ____ day of __________, _____ (date) APPROVED AS TO FORM: By_____________________________ City Attorney TOWN OF HYPOLUXO Attest: By_____________________________ Kenneth M. Schultz, Mayor __________________________ Town Clerk ____ day of ____________, _____ (date) APPROVED AS TO FORM: By_____________________________ Town Attorney 153 of 374 154 of 374 6. G CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for "ANNUAL BID FOR THE EQUESTED CTION BY ITY OMMISSION PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 048-1412-11/MFD to the following nine (9) companies: Calico Industries, Central Poly, Dade Paper, Grainger, Interboro Packaging, Neeld Paper, Preferred Chemical, Pride Enterprises and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $56,000. : JULY20,2011–JULY19,2012 BID TERM ER: On May 19, 2011, Procurement Services opened and tabulated XPLANATION OF EQUEST eleven (11) bids for Cleaning Chemicals and Janitorial Supplies. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award in part to nine (9) . companies with some exceptionsThe award is as follows: Calico Industries - 12 Items Central Poly - 3 Items Dade Paper - 14 Items Grainger - 5 Items Interboro - 1 Item *** Neeld Paper and Supply - 11 Items *** Preferred Chemical - 1 Item *** Pride Enterprises - 2 Items Pyramid - 6 Items *** No Bid / Go out for Quote - 1 item Total 56 Items *** Exceptions: The following vendors require a minimum dollar amount per order and/or freight charge for orders before accepting a purchase order: 155 of 374  Interboro $200 or freight will be charged  Neeld $200 per order  Preferred $100 per order  Pyramid $35 per order If an order does not meet the minimum requirements for the above vendors, purchase orders will go to the second lowest vendor. If an order meets the minimum requirements, the order will be placed with these low vendors. The bid will be for the period of 7/20/11 to 7/19/12 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of cleaning chemicals and janitorial supplies. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FISCALIMPACT:ACCOUNT NUMBER ESTIMATED WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $56,000 Last year's expenditures were $55,653. The previous year was $57,792. A: Obtain quotes on an “as needed” basis which would not be cost effective and LTERNATIVES not recommended. 156 of 374 The City of Boynton Beach Finance Department WAREHOUSE DIVISION Tim Howard, Deputy Director of Financial Services TO: FROM: Michael Dauta, Warehouse Manager June 2, 2011 DATE: SUBJECT: Janitorial Bid # 048-1412-11/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor with some exceptions. The evaluating factors used were A) Pricing; B) Delivery minimum C) Delivery time. Last year’s expenditures were $55,652.98. This year’s expenditures will be an estimated $56,000. The following vendors require a minimum dollar amount per order and/or freight charge for orders under a certain dollar amount before accepting a purchase order. If we do not meet the minimums, we will order from the second lowest vendor.  Interboro $200 or freight will be charged  Neeld $200 per order  Preferred $100 per order  Pyramid $35 per order Awarded Items: Calico Item(s) # 4,5,9,11,12,23,29,31,40,41,48,50 157 of 374 Central Poly Item(s) # 1,46,47 Dade Paper Item(s) # 7,13,15,16,17,21,22,24,30,34,39,49,53,54 Grainger Item(s) # 6,25,26,37,51 Interboro Item(s) # 56 Neeld Item(s) # 2,3,19,20,28,35,36,38,42,43,55 Preferred Chemical Item(s) # 18 Pride Item(s) # 44,45 Pyramid Item(s) # 8,10,14,32,33,52 No Bid / Go Out for Quotes Item(s) # 27 In addition, the following vendors included a discount of percentage off list for all items not listed on the bid. Calico 20% Central Poly 5% Interboro 50% Neeld 15% Preferred 10% Pyramid 15% CC: Barry Atwood, Director of Finance 158 of 374 159 of 374 6. H CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on July 5, 2011 The City Commission met on July 5, 2011 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 160 of 374 161 of 374 162 of 374 163 of 374 164 of 374 165 of 374 166 of 374 167 of 374 168 of 374 169 of 374 170 of 374 171 of 374 172 of 374 173 of 374 174 of 374 175 of 374 176 of 374 177 of 374 6. I CONSENT AGENDA July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Reclassification of Risk Management Department EQUESTED CTION BY ITY OMMISSION position #07030 Insurance Claims Specialist (FT) to #07020 Risk Assistant (PT). ER: Ongoing efforts to reduce departmental personnel costs finds an XPLANATION OF EQUEST opportunity to transfer technical functions of Insurance Claims Specialist to other technical department staff. This will require a need for continuing clerical/ administrative staff support only. A review of the position function requirements finds that this can be done with a part-time Risk Assistant position at 28 hours per week. H? Risk Management Department will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES continue current programs and services. Clerical/administrative staff support will continue with part-time position, while technical operations will continue by current staff. FI: This reduces the pay grade from #11 to #6 with a departmental personnel ISCAL MPACT savings of $35,000. A: Elimination of clerical/administrative support staff will require technical staff to LTERNATIVES perform these functions and reduce staff ability to conduct current programs and services. RM/Risk Assistant Agenda Item Cover Sheet 7-19-2011.doc 178 of 374 Name: Currently Vacant Position Employee : Department: Risk Management Division: Account #: 522-1710-519 Date: May 31, 2011 EMPLOYMENT REQUISITION : Yes No Department will share advertising costs Requestor Effective Date: Job Title: Job #: Contract Part time Seasonal Shift: Full time Temporary Days/Hours: Pay Grade: Salary: Hourly: Annually: Internal Applicants Only: Yes No Name Reason/ Date Replacement for: State Preferences Not Included in the Job Description: Dept. Director: Date: City Manager: Date: Attach justification for this request and forward to Human Resource Director. Emergency Event Designation Code: NEW HIRE ADDRESS / PHONE / NAME CHANGE Address: Effective Date: Location: City/State/Zip: Phone #: x *(Explain in comments section) EMPLOYEE ACTIVITY SELECT ONE) Attach Documentation Transfer* Promotion Administrative Leave* FMLA Leave x Reclassification Demotion*Temporary Assignment*Pre-Determination Hearing ( % Change) Cell Phone Allowance Amount$______ Performance Evaluation or Merit Increase Location: Risk Management Office Effective Date: Scheduled Hours: From: 40 To: 28 Dates*: 9AM–4:30PM From Dept. # 522-1710-519 Dept. Name Risk Management To Dept. # 522-1710-519 Dept. Name Risk Management From Job#: 07030 Job Name Insurance Claims Specialist To Job #- 07020 Job Name Risk Assistant From Pay To Pay Grade: 11 Grade: 6 SALARY CHANGE: From: To: Hourly: Annually: Reduction of hours to part-time and lower position level. Convert to strictly COMMENTS: Justification for administrative/clerical support function. Technical functions to be absorbed by action or additional information: remaining staff. See attached Program Evaluation and Position Descriptions. RETIREMENTRESIGNATIONTERMINATION (Attach Resignation Letter) Attach Documentation Last Day: Effective Date: Reason: Human Resources Use Only Birth Date EEO COBRA TERM ________________________________________ ______________________________________________ Department Head Date Human Resources Date ________________________________________ ______________________________________________ City Manager Date Employee Date 179 of 374 JCQ © OB ONTENT UESTIONNAIRE PREPARED FOR: City of Boynton Beach NAME: Vacant Position PHONE/EXT. CLASSIFIED/UNCLASSIFIED JOB TITLE Risk Assistant DEPARTMENT Risk Management YOUR WORKING JOB TITLE Risk Assistant (Unofficial Title – if different than Official Job Title) EMPLOYEE NUMBER (this is the number assigned you by MGT)_ DATE PREPARED June 6, 2011 Please submit by. Web Users: Please return the completed JCQ to your department designee by. Hard Copy Users: The following pages are designed to collect information about your role in the City of Boynton Beach and the job that you perform. The information that you submit will be used to examine internal salary equity, after it is reviewed by your supervisor. Additional survey data and salary reports will be used to determine external salary equity (that is, how well your position is compensated compared to other positions in the marketplace). Together, the data collected during this study will be analyzed to develop a classification structure for the City of Boynton Beach that is equitable, valid, and stable over time. The results may be used to  Identify positions requiring additional job analysis  Make pay adjustments to align individuals performing substantially similar jobs with the City of Boynton Beach or in other organizations This tool will NOT  Determine how well you perform your job  Decide whether there are individuals who should be released or demoted from their current position  Reduce individual salaries This tool will include the following sections 180 of 374  Basic Job-Related Information  Job Description and Responsibilities  Work Performed, Responsibility and Leadership, and Decision Making Job Factors  Financial and Physical Job Factors BJI ASIC OB NFORMATION SECTION 1.0 EMPLOYMENT STATUS Standard Workweek in hours Less than 15 15 – 20 X21 – 30 31 - 37.5 37.6 - 40 Greater than 40 Status (please choose one) X Full timePart time JDR OB ESCRIPTION AND ESPONSIBILITIES SECTION 2.0 JOB DESCRIPTION In the space provided below, please give a brief, general description of the purpose of your position. This description does not have to be the same as your formal job description, but it can be if you choose. See attached Job Description – Risk Assistant Indicate the number of full-time and part-time individuals you supervise: Directly*: full-time 0 part-time, reduced hours, and temporary 0 Indirectly**: full-time 0 part-time, reduced hours, and temporary 0  *Direct supervision is the management or supervision of employees who report work to you and who you rate without the coordination of anyone else. Please do not include subcontractors.  **Indirect supervision is the management or oversight of employees who report to you through another supervisor who reports directly to you. Please do not include subcontractors. 181 of 374 SECTION 3.0 JOB DUTIES In the space provided below, please list the major job duties of your position. For each duty, indicate whether you complete the duty Daily, Weekly, Monthly, Semi-Annually or Annually. Also, please indicate the percent of your time that you spend on each duty on a monthly basis. Finally, check the five duties that most clearly define your job. FREQUENCY % OF FIVE (5) D- DAILY, TIME MOST W-WEEKLY, SPENT ON IMPORTAN M-MTHLY, EACH T ESSENTIAL DUTIES S-SEMI-DUTY DUTIES ANNUAL (MONTHL A-ANNUAL Y) Example 1 – Prepare briefing documents on cash availability Weekly 5* 4 Example 2 – Answer resident phone calls on City services Daily 70 1 Example 3 – Utilize productivity software to create letters Daily 15 2 Example 4 – Set up meetings for the staff Weekly 10 3 Refer to 2.0 See attached Resource Cost Worksheet (If you need more space, continue on a sheet of paper and staple it to the back of the questionnaire.) (Please only rank five essential duties – “1” is the highest and “5” is the lowest in importance. The % of Time column should total 100 percent *) 5% of work time is: 1 day or 8 hours per month. 182 of 374 SECTION 4.0 RESPONSIBILITY WITHIN THE ORGANIZATION Please check the box next to the statement that most closely matches the work that you perform on a regular basis. If there is more than one statement that seems to apply to the type of work that you perform, please check the boxes for those that may also apply. MAC AY LSO LOSEST F ACTOR A F PPLYACTOR X I work according to well defined procedures. My supervisor checks my work daily. I work according to some procedures but decide how or when to do things. My supervisor reviews my work about once a week. I am given a general outline of work to be performed and am free to develop work methods and sequences. My supervisor reviews my work periodically. I work within broad policy and organizational guidelines and do independent planning and implementation. I report progress of major activities through periodic conferences and meetings. I plan, organize, and implement programs within major organizational policies. I report program progress to executive level administration through reports and conferences. I research and formulate long-range goals for the organization. I develop policy and position papers and negotiate with chief administrative officers and/or elected officials. Please give examples of job duties performed to support the choices above. (Please use the duty statements you provided in Section 3.0. If you feel that additional detail is helpful for understanding the duty, please provide a short supporting statement.) Refer to 3.0. SECTION 5.0 ROLE WITHIN THE ORGANIZATION Please indicate which of the following statements most closely matches the work that you perform on a regular basis. X Clerical/Manual Technical/Paraprofessional Administrator Managerial/Professional Executive/Advanced Professional Laborer/Trade-Based Occupations SECTION 6.0 If you chose Clerical/Manual or Technical Paraprofessional, please skip to . SECTION 5.1 If you chose Administrator, please skip to . SECTION 5.2 If you chose Managerial/Professional, please skip to . SECTION 5.3 If you chose Executive/Advanced Professional, please skip to . 183 of 374 184 of 374 SECTION 5.0 ROLE WITHIN THE ORGANIZATION SECTION 5.1 ADMINISTRATIVE ROLE Please read the following description of an administrative job role and check whether it applies to your job. discretion and independent judgmentmatters of significance My work requires the exercise of with respect to . I regularly compare and evaluate possible courses of conduct, and then act or make a decision after the various possibilities have been considered. My decisions and recommendations may be reviewed at a higher level and, upon occasion, revised or reversed. (The following are examples of the I customarily and regularly exercise independent judgment in performing my essential tasks because: exercise of “discretion and judgment” with respect to “matters of significance”. Your job may require one or more duties or responsibilities that are the same or similar to those listed.)  I have authority to formulate, affect, interpret, or implement management policies or operating procedures.  My work affects City business operations to a substantial degree even though assignments are related to a particular segment.  I can commit the City in matters that have significant financial impact.  I have authority to waive or deviate from established policies or procedures without prior approval.  I can negotiate and bind the City on significant matters.  I provide consultation or expert advice to management.  I am involved in planning long- or short-term business objectives.  I investigate and resolve matters of significance on behalf of management.  I represent the City in handling complaints, arbitrating disputes or resolving grievances.  The manuals, guidelines or other established procedures I use contain or relate to highly technical, scientific, legal, financial or other These materials can only be understood or interpreted with advanced or specialized knowledge and similarly complex matters. ( skills.) If at least one of these applies to your job, check “Yes” Yes No SECTION 5.2 PROFESSIONAL ROLE Please read the following description of a professional job role and check whether it applies to your job. My primary duty is performance of work requiring advanced knowledge in a field of science or learning. This advanced knowledge was acquired through a prolonged course of specialized intellectual instruction and academic training. I am in a professional job role because:  I use my advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances.  My job does not involve routine mental, manual, mechanical, or physical work and knowledge cannot be attained at the high school level.  My occupation has recognized professional status, as distinguished from the mechanical arts or skilled trades.  My job requires possession of an appropriate academic degree. However, the necessary advanced knowledge can be attained through (For example: a Chemist who does not have a degree in Chemistry.) a combination of work experience and intellectual instruction. Yes No Is your professional work considered computer-related? Computer-related occupations have primary duties that include at least one of the following (or similar) tasks: Application of systems analysis techniques and procedures, including consulting with users, to determine  hardware, software, or system functional specifications Design, development, documentation, analysis, creation, testing or modification of computer systems or  programs Design, documentation, testing, creation, or modification of computer programs related to machine operating  systems Yes No SECTION 5.3 EXECUTIVE/MANAGEMENT ROLE Please read the following description of an executive/management role and check whether it applies to your job. 185 of 374 My primary duty is management of a recognized City division or subdivision. I regularly direct the work of two or more other full-time employees. I have the authority to hire or fire other employees; or, my suggestions and recommendations as to hiring, firing, advancement and promotion or other change of status of other employees are frequently requested and relied upon. I am in an executive and/or management role because:  I determine policies and work procedures; or the type of materials, supplies, machinery, and equipment of tools to be used.  I also provide for the safety and security of employees or property; plan and control the budget; and monitor or implement legal compliance measures. Yes No SECTION 6.0 VOCATIONAL/EDUCATIONAL PREPARATION What level of education should be required for your position? Up to and including some high schoolSome graduate work # of Hours_____ (Semester/Quarter) x Completion of high school/GEDCompletion of master's degree Some College # of Hours_____ (Semester/Quarter)Completion of doctorate degree _______________________________ Completion of associate's degreeOther _______________________________ Completion of bachelor's degreeOther What certifications, licenses, or professional designations, if any are required for your position? NA What certifications, licenses, or professional designations, if any are preferred for your position? NA SECTION 7.0 EXPERIENCE REQUIRED How much experience should be required for your position? No experience required5 Years Six Months6 Years x 1 Year7 Years 2 Years8 Years 3 YearsOver 8 Years 4 Years Can education be substituted for experience? Can experience be substituted for education? x x Yes No Yes No 186 of 374 JF OB ACTORS SECTION 8.0 WORK PERFORMED This section relates to the broad type of work you perform in your job (the essential duties you identified in Section 3.0). Please read each of the sentences below, and check the box representing the closest match to the work that you described on the previous page. . If there is more than one statement that seems to apply to the type of work that you perform, please check the boxes for those that may also apply. MAC AY LSO LOSEST F ACTOR A F PPLYACTOR *Perform clerical or manual duties; *May copy, compile, maintain basic files systems or X enter data, or compute data using addition, subtraction, multiplication, and division; or compare items against a standard; or use or operate light equipment such as lawn mowers, weed eaters, pick ax, sedan, pickup truck, van; or serve as a flag person on a road crew; or perform general housekeeping/custodial duties. X * Perform clerical or manual duties involving intensive understanding of a restricted field, unit or division; *May summarize, tabulate, or format data or information, or gather data and information for later evaluation; or perform arithmetic operations including basic geometry or algebra, including computing discounts, interest rates, ratios and/or percents; or uses or operates medium use equipment such as chain saws, concrete or stump grinders, commercial mowing equipment, dump trucks, backhoe, front-end loader; or journeyman level trades work. *Perform specialized technical work involving data collection, evaluation, analysis, and troubleshooting, or reports on operations and activities of a department, or performs general coordination of individual or departmental activities; *May use descriptive statistics, advanced geometry or algebra; requires the use of a wide range of administrative and/or technical methods in the solution of problems; or operate heavy construction equipment such as bulldozers, graders, cranes, excavators, jet vac trucks; or operates 16/18 wheel tractor trailers; or perform master level trades duties. *Perform entry level professional work including basic data analysis and synthesis, or report on operations and activities of an organization; or perform quality assurance and compliance activities; *May use advanced algebra, inferential statistics, and/or financial models. *Perform professional level work requiring a wide range of administrative, technical, scientific, engineering, accounting, legal, or managerial methods applied to complex problems; *May plan or direct the sequence of department or division activities. *Perform professional or managerial work including advanced data analysis and synthesis; *May develop policies, procedures, or methodologies based on new facts or knowledge; or interpret or apply established policies. *Perform advanced professional work methods to formulate important recommendations or make technical decisions that have an organization-wide impact; *May require the use of creative ability and resourcefulness in the analysis and solution of complex problems; may develop new approaches or methodologies to solve problems not previously encountered. *Perform executive or expert professional work to establish policy, long-range plans, and programs, identify funding sources and allocate funds; *May develop or use theoretical mathematical concepts to formulate new techniques, or make decisions that impact both the organization and the discipline. Please give examples of job duties performed to support the choices above. (Please use the duty statements you provided in Section 3.0. If you feel that additional detail is helpful for understanding the duty, please provide a short supporting statement.) Refer to 3.0. 187 of 374 SECTION 9.0 RESPONSIBILITY AND LEADERSHIP This section relates to the amount of leadership your job requires. Please read each of the sentences below, and check the box representing the closest match to the work that you described on the previous page. If there is more than one statement that seems to apply to the type of work that you perform, please check the boxes for those that may also apply. MAC AY LSO LOSEST F ACTOR A F PPLYACTOR X *Follow instructions or work orders; or read routine sentences, instructions, regulations, or procedures; *Communicate using routine sentences, complete routine job forms and incident reports, or communicate routine information regarding daily activities. X *Follow technical instructions, procedure manuals and charts to solve practical problems, or compose routine or specialized reports or forms and business letters, or ensure compliance with clear guidelines and standards; *Communicate to convey or exchange general work-related information or service to internal or external customers. *Follow complex technical instructions, solve technical problems, or disseminate information regarding policies and procedures; may compose unique reports or analysis, or provide extensive customer service to internal or external customers; *Communicate information to guide or assist people; may give instructions or assignments to helpers or assistants. *Follow complex rules or systems, using professional literature and technical reports; or enforce laws, rules, regulations, or ordinances; *Communicate with internal and external groups, write manuals and complex reports, persuade or influence others in favor of a service, point of view, or course of action. *Supervise, instruct, or train others through explanation, demonstration, and supervised practice or make recommendations based on technical expertise; *May have first-level supervisory duties including administration of performance feedback; or coordinate work activity schedules for teams; *Communicate information among co-workers, customers, vendors, and management; or speak before professional and civic groups; may write complex articles and reports or develop presentations for specialized audiences; may read scientific or technical journals or reports. *Direct, manage, or lead others; may determine work procedures, assign duties, maintain harmonious relations, or promote efficiency; may develop and administer operational programs; or may write or present extremely complex papers and reports; *Communicate with operational and functional leaders; read and interpret professional materials involving advanced bodies of knowledge. *Formulate and issue policies, procedures, and instructions; responsible for long term planning within a department or division; *Communicates through negotiation and consensus building to exchange ideas, information, and opinions or develop decisions, conclusions, or solutions. *Guide organization-wide development; leads the development of organization mission, vision, and principles; directs capital improvement initiatives; *Communicate with key stakeholders to 188 of 374 effect long term planning and to secure organization position and resources. Please give examples of job duties performed to support the choices above. (Please use the duty statements you provided in Section 3.0. If you feel that additional detail is helpful for understanding the duty, please provide a short supporting statement.) Refer to 3.0. SECTION 10.0 DECISION MAKING This section relates to the amount of decision-making your job requires. Please read each of the sentences below, and check the box representing the closest match to the work that you described on the previous page. If there is more than one statement that seems to apply to the type of work that you perform, please check the boxes for those that may also apply. MAC AY LSO LOSEST F ACTOR A F PPLYACTOR X *Perform routine or semi-routine work under immediate supervision; *Work in a very stable environment with clear and uncomplicated written/oral instructions; *Requires very few decisions, affecting only the individual. X *Perform semi-routine work involving set procedures, but which may require problem-solving, serve customers or co-workers, or respond to requests; *Work in a stable environment with clear and uncomplicated written/oral instructions but with some variations from the routine; may be responsible for providing information to others; *Requires some decisions that affect a few co-workers. *Perform semi-skilled work involving some set procedures and frequent problem solving; *Work in a somewhat fluid environment with rules and procedures having many variations from the routine *Requires frequent decision making affecting co-workers or the general public; may be responsible for providing information to those who depend on a service or product. *Perform skilled work involving almost constant problem solving; *Work in a moderately fluid environment with guidelines and rules having frequent variations from the routine; *May be responsible for actions of others, requiring almost constant decisions affecting co- workers, crime victims, patients, customers, clients or others in the general public. *Perform coordinating work involving guidelines and rules with constant problem solving; *Work in a very fluid environment with guidelines having significant variation; *May be responsible for actions of others requiring development of procedures and constant decisions affecting subordinate workers, crime victims, patients, customers, clients, or others in the general public. 189 of 374 *Perform management and supervisory work involving policy and guideline interpretation, solving both people and work related problems; *Work in a dynamic environment, responsible to assist in developing policies and practice; *Decision-making is a significant part of job, affecting a large segment of the organization and the general public. *Perform advanced professional work involving the application of principles of logical thinking to diagnose or define problems, collect data and solve abstract problems with widespread unit or organization impact *Decision-making is almost the entire focus of job, affecting most segments of the organization and the general public; *Work in a highly dynamic environment, responsible to establish goals, objectives and policies. *Perform executive work involving the application of broad principles of professional management and leadership to new problems for which conventional solutions may or may nor exist; *Decision-making is the primary aspect of the job, affecting organization, related organizations, and major segments of the general population. * Responsible for long-range goals, planning, and methodologies; works in an evolving environment with emerging knowledge and technologies, competing priorities, and changing politics. Please give examples of job duties performed to support the choices above. (Please use the duty statements you provided in Section 3.0. If you feel that additional detail is helpful for understanding the duty, please provide a short supporting statement.) Refer to 3.0. SECTION 11.0 FINANCIAL AUTHORITY Please read each of the sentences below, and check the boxes next to each factor representing the financial authority your job entails. x None/Not Applicable Handle cash transactions; prepare and process purchase orders  Bill or reconcile records, including departmental budget records and other related information such as subcontracts Manage inventory, property, or loss control Administer benefits by determining individual eligibility and coverage levels or determining compensation levels  Purchasing authority: the ability to purchase goods or services worth more than $100 without securing approval from another authority or Financial Recommendations: the ability to make recommendations that impact resource allocation 190 of 374 Manage or administer budget within assigned department Budget or allocate funds within or across departments or divisions Please give examples of job duties performed to support the choices above. (Please use the duty statements you provided in Section 3.0. If you feel that additional detail is helpful for understanding the duty, please provide a short supporting statement.) NA SECTION 12.0 TOOLS AND EQUIPMENT USAGE AND REPAIR Please read each of the sentences below, and check the boxes next to each factor representing the tools or equipment you use in various ways to complete your job.  None/Not Applicable x Use office machines such as copiers or calculators x Use computers for data entry; handle, use, or repair hand-held power equipment or light machinery x Use computers for word processing, spreadsheets, PowerPoint presentations or custom applications; operate or repair large shop equipment and machines, vehicles, or firearms Use, develop, or repair electronics or complex software (management information systems), hardware, or network systems; operate, install, test or inspect heavy or complex machinery (construction equipment, heating and cooling systems, and automated service equipment) Supervise the activities of those operating or repairing complex machinery or technology systems Interpret policy and establish methods and procedures for acquiring, installing, testing, operating or repairing machinery or technology systems Establish policy for the acquisition, installation, testing, operation, and maintenance of machinery or technology systems Establish long-range plans and programs for capital improvements, major construction projects, or new technology systems 191 of 374 Please give examples of job duties performed to support the choices above. (Please use the duty statements you provided in Section 3.0. If you feel that additional detail is helpful for understanding the duty, please provide a short supporting statement.) Refer to 3.0. SECTION 13.0 PHYSICAL REQUIREMENTS This section relates to the amount of physical ability your job requires. Please check each factor that is required to complete an essential job function (which you identified in Section 2.0 - Job Descriptions and Responsibilities). None/ Not Applicable Lift more than 20 lbs. Lift more than 40 lbs. Lift more than 60 lbs. Vision: any Vision: color perception Sense of Smell Sense of Taste Hearing: any Hearing: above average Speaking Depth perception  Texture perception x ____Refer to Any other physical requirement for essential job duties: 2.0.____________________________________ Please give examples of job duties performed to support the choices above. (Please use the duty statements you provided in Section 3.0. If you feel that additional detail is helpful for understanding the duty, please provide a short supporting statement.) Refer to 2.0. 192 of 374 SECTION 14.0 SUPERVISOR'S COMMENTS Instructions: Please review the questionnaire carefully and check if you agree or disagree with the employee’s choices or statements. Note any additional information that you feel is important to the understanding of this employee’s work. If you disagree with any of the levels checked or statements made in this questionnaire, please include your rationale. If you need additional room, please add a page and staple it securely to this questionnaire. Each section must be reviewed. Failure to review each section thoroughly and to complete this section of the questionnaire will result in a delay in the evaluation process. Thank you for your time and careful attention to this process. S A D C ECTIONGREEISAGREEOMMENTS 1.0 x 2.0 x 3.0 x 4.0 x 5.0 x 6.0 x 7.0 x 8.0 x 9.0 x 10.0 x 11.0 x 12.0 x 13.0 x I certify that I have read and reviewed this questionnaire and that I have noted any additional information or areas of disagreement to the best of my ability. Supervisor’s Signature __________________________________________ Date ___June 6, 2011______________ Additional Comments: 193 of 374 Class Code XXXXX Grade: 6 20,429 / 24,515 / 30,644 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: RISK ASSISTANT PURPOSE OF CLASSIFICATION The purpose of this classification is to act in a confidential capacity to assist or aid Risk Management staff by performing a variety of clerical, data-entry and administrative duties, and to prepare and process confidential departmental records and forms. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Answers telephone lines and greets the general public; directs incoming calls to appropriate staff and takes messages; or, if able to, handles calls as appropriate. Responds to various inquiries regarding department and/or city operations; receives and forwards citizen complaints to proper department and/or staff and tracks resolution of complaints; provides general assistance as needed. Performs filing into confidential claims and litigation files, insurance files, and all general administrative files. Maintains storage records list for files in storage. Completes, types and/or processes administrative forms and records relating to assigned department functions which may include court and confidential legal records, financial services, personnel administration, public safety, or others. Composes, edits, and types correspondence and memos; copies and faxes documents, prepares mail-outs. Sends appropriate confidential documents and billing information to adjusters, third party administrator and attorneys. Establishes automated records, files, and lists; queries records and reports; prints reports, forms and records; performs data-entry work to establish and update confidential risk management information system records; summarizes, tabulates, and/or prepares lists, reports, spreadsheets, work orders, and charts relating to department operations and activities; prepares periodic reports. Prepares meeting agendas, information packets, legal notices, and other materials for committee meetings, depositions, mediations, conferences and/or staff meetings; schedules and coordinates meeting arrangements. Back up to Claims Administrator to request information from various City Departments for defense attorneys, adjusters and claimant attorneys. City of Boynton Beach, Florida * Risk Assistant 194 of 374 Reconciliation of confidential loss run costs with claims information in confidential risk management information system. Identifies departmental needs for limited duty assignments, and assists in placing employees with restrictions in assignments. Assists departments in monitoring attendance when assignments outside original department. Conducts and maintains annual motor vehicle record check files. Maintains and updates motor vehicle inventory from Fleet Administrator to insurance carrier. Obtains confidential information from departments, i.e., police reports, payroll, personnel records, etc., as required by adjusters and legal counsel. Collects and maintains files of Supervisors’ Report of Incident, and prepares same for Incident Review Board meetings. Post-meetings, sends reports to Departments for review and action, and inputs results into risk management information system. Maintains updated schedules for Defensive Driving Classes, monitors attendance assists students, maintains data base and issues certificates. Attends End-Users Meetings, and other meetings as assigned, and reports back information to department. ADDITIONAL FUNCTIONS Assists Risk Manager and Claims Administrator as needed. Performs other duties as required. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by (1) one year previous experience and/or training involving related clerical and office work in an insurance or legal setting; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Non-smoker preferred. PERFORMANCE APTITUDES Data Utilization : Requires the ability to calculate and/or tabulate data. Includes performing subsequent actions in relation to these computational operations. Human Interaction : Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. Equipment, Machinery, Tools, and Materials Utilization : Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude : Requires the ability to utilize a wide variety of reference and descriptive data and information. Mathematical Aptitude : Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. City of Boynton Beach, Florida * Risk Assistant Functional Reasoning : Requires the ability to carry out instructions furnished in written, oral, or diagrammatic form. Involves semi-routine standardized work with some latitude for independent judgment concerning choices of action. 195 of 374 Situational Reasoning : Requires the ability to exercise judgment, decisiveness and creativity in situations involving a variety of generally pre-defined duties which are often characterized by frequent change. ADA COMPLIANCE Physical Ability : Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements : Some tasks require the ability to perceive and discriminate sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 196 of 374 7. A BIDS AND PURCHASES OVER $100,000 July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for the "ANNUAL BID FOR EQUESTED CTION BY ITY OMMISSION PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT" Bid # 049-1412- 11/MFD to the following five (5) companies: General GMC, Palm Beach Springs, Palm Truck Center, Rechtien International and Total Truck Parts on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $102,000. : 22,2011–21,2012 BID TERMJULY JULY ER: On May 24, 2011, Procurement Services opened and tabulated XPLANATION OF EQUEST seven (7) bids for Parts/Supplies for Large Trucks. All bids were reviewed by the Warehouse . Manager. It was determined to recommend this award in part to five (5) companies The award; based on percentage off of list by category and vehicle make; is as follows on the next page: *** There are several vendors that bid the same percentage off in the same category. We will determine which vendor to get the parts from at the time of the order. Price and delivery time will be used as the deciding factors. 197 of 374 ENGINE PARTS OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary - General GMC 25% *** Secondary - Rechtien 25% *** Third - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 10% Ford Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 12% Sterling Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 12% Volvo Heavy Duty Trucks Primary - General GMC 25% *** Primary - Rechtien 25% *** Secondary - Palm Beach Spring 20% Third - Palm Truck Center 12% Condor Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 5% Lodal Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Peterbilt Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% *** Secondary - Palm Truck Center 20% *** Autocar Heavy Duty Trucks Primary - General GMC 25% *** Primary - Rechtien 25% *** Secondary - Palm Beach Spring 20% Third - Palm Truck Center 10% ENGINE PARTS AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% 198 of 374 Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Trucks Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** Third - Palm Truck Center 20% *** Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** Third - Palm Truck Center 20% *** Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% BRAKE SYSTEMS OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary – General GMC 25% *** Secondary - Rechtien 25% *** Third – Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% 199 of 374 Ford Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Sterling Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Volvo Heavy Duty Trucks Primary – General GMC 45% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Fourth - Palm Truck Center 12% Condor Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 5% Lodal Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Peterbilt Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% *** Secondary – Palm Truck Center 20% *** Autocar Heavy Duty Trucks Primary – General GMC 45% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Fourth - Palm Truck Center 10% BRAKE SYSTEMS AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% 200 of 374 Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** Third - Palm Truck Center 20% *** Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** Third - Palm Truck Center 20% *** Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% CHASIS & SUSPENSION OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary – General GMC 25% *** Secondary - Rechtien 25% *** Third – Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% Ford Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Sterling Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Volvo Heavy Duty Trucks Primary – General GMC 25% *** 201 of 374 Primary - Rechtien 25% *** Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Condor Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 5% Lodal Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Peterbilt Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% *** Secondary – Palm Truck Center 20% *** Autocar Heavy Duty Trucks Primary – General GMC 25% *** Primary - Rechtien 25% *** Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% CHASIS & SUSPENSION AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% 202 of 374 Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** Third - Palm Truck Center 20% *** Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** Third - Palm Truck Center 20% *** Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% ELECTRICAL OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary – General GMC 25% *** Secondary - Rechtien 25% *** Third – Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% Ford Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Sterling Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Volvo Heavy Duty Trucks Primary – General GMC 25% *** Primary – Rechtien 25% *** Secondary – Palm Beach Spring 20% Third - Palm Truck Center 12% Condor Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 5% Lodal Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% 203 of 374 Peterbilt Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% *** Secondary – Palm Truck Center 20% *** Autocar Heavy Duty Trucks Primary – General GMC 25% *** Primary - Rechtien 25% *** Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% ELECTRICAL AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** Third - Palm Truck Center 20% *** Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% *** 204 of 374 Third - Palm Truck Center 20% *** Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% The contract period is determined by the existing contract which is due to expire on 7/21/11. We selected 7/22/11 as the new contract date to prevent any overlapping. The bid will be for the period of 7/22/11 to 7/21/12 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of parts/supplies for large trucks and miscellaneous equipment. These supplies will be ordered on an “AS NEEDED BASIS” and with high usage items being stocked within the City’s Warehouse. FISCALIMPACT:ACCOUNT NUMBER ESTIMATED WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $102,000 Last year's expenditures were $101,114. The previous year was $105,204. A: Obtain quotes on an “as needed” basis which would not be cost effective and LTERNATIVES not recommended. 205 of 374 The City of Boynton Beach Finance Department WAREHOUSE DIVISION Tim Howard, Deputy Director of Financial Services TO: FROM: Michael Dauta, Warehouse Manager June 22, 2011 DATE: SUBJECT: Large Truck Bid # 049-1412-11/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to primary, secondary, third and fourth vendors. The evaluating factors used were A) Percentage off list B) Delivery time. In situations where there are two primaries, secondary’s or thirds we will contact both vendors and order from the one that can get us the part the faster or at the lower cost. Last year’s expenditures were $101,114.37. This year’s expenditures will be an estimated $102,000. 206 of 374 ENGINE PARTS OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary - General GMC 25% Secondary - Rechtien 25% Third - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 10% Ford Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 12% Sterling Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 12% Volvo Heavy Duty Trucks Primary - General GMC 25% Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 12% Condor Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 5% Lodal Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Peterbilt Heavy Duty Trucks Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Secondary - Palm Truck Center 20% Autocar Heavy Duty Trucks Primary - General GMC 25% Primary - Rechtien 25% Secondary - Palm Beach Spring 20% Third - Palm Truck Center 10% 207 of 374 ENGINE PARTS AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Trucks Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% 208 of 374 BRAKE SYSTEMS OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary – General GMC 25% Secondary - Rechtien 25% Third – Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% Ford Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Sterling Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Volvo Heavy Duty Trucks Primary – General GMC 45% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Fourth - Palm Truck Center 12% Condor Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 5% Lodal Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Peterbilt Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Secondary – Palm Truck Center 20% Autocar Heavy Duty Trucks Primary – General GMC 45% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Fourth - Palm Truck Center 10% 209 of 374 BRAKE SYSTEMS AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% 210 of 374 CHASIS & SUSPENSION OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary – General GMC 25% Secondary - Rechtien 25% Third – Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% Ford Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Sterling Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Volvo Heavy Duty Trucks Primary – General GMC 25% Primary - Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Condor Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 5% Lodal Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Peterbilt Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Secondary – Palm Truck Center 20% Autocar Heavy Duty Trucks Primary – General GMC 25% Primary - Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% 211 of 374 CHASIS & SUSPENSION AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% 212 of 374 ELECTRICAL OEM GMC Heavy Duty Trucks Primary – Palm Truck Center 25.5% Secondary – General GMC 25% Secondary - Rechtien 25% Third – Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% Ford Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Sterling Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 12% Volvo Heavy Duty Trucks Primary – General GMC 25% Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third - Palm Truck Center 12% Condor Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 5% Lodal Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Peterbilt Heavy Duty Trucks Primary – Rechtien 25% Secondary – Palm Beach Spring 20% Secondary – Palm Truck Center 20% Autocar Heavy Duty Trucks Primary – General GMC 25% Primary - Rechtien 25% Secondary – Palm Beach Spring 20% Third – Palm Truck Center 10% 213 of 374 ELECTRICAL AFTERMARKET GMC Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Mack Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Ford Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Sterling Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Volvo Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Condor Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Lodal Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Rechtien 25% Third – Palm Beach Spring 20% Third - Palm Truck Center 20% Peterbilt Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% Autocar Heavy Duty Trucks Primary – Total Truck Parts 50% Secondary – Palm Truck Center 30% Third – Rechtien 25% Fourth - Palm Beach Spring 20% In addition, the following vendors included a discount of % off list for all items not listed on the bid. General GMC 25% 214 of 374 Palm Beach Spring 20% Palm Truck Center 20% Rechtien International 25% Total Truck Parts 50% CC: Barry Atwood, Director of Finance 215 of 374 216 of 374 217 of 374 218 of 374 219 of 374 7. B BIDS AND PURCHASES OVER $100,000 July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for "ANNUAL SUPPLY OF PIPE EQUESTED CTION BY ITY OMMISSION FITTINGS AND ACCESSORIES" Bid # 061-1412-11/MFD to the following four (4) companies: Ferguson, HD Supply Waterworks, Lehman Pipe and Plumbing Supply and MSC Waterworks on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $165,000. : 3,2011–2,2012 BID TERMAUGUST AUGUST ER: On June 21, 2011, Procurement Services opened and tabulated XPLANATION OF EQUEST four (4) bids for Pipe Fittings and Accessories. All bids were reviewed by the Warehouse . Manager. It was determined to recommend this award in part to all four (4) companiesThe award is as follows: Ferguson 41 items *** HD Supply Waterworks 180 items *** Lehman Pipe and Plumbing Supply 112 items *** MSC Waterworks 63 items No bid / Go out for quotes 11 items Total 407 items *** There were three (3) items that had several vendors with the lowest bid. We will determine which vendor to get these items from at the time of the order. Because the prices are the same, delivery time will be used as the deciding factor. These items are numbers 4, 271, and 272. The contract period is determined by the existing contract which is due to expire on 8/2/11. We selected 8/3/11 as the new contract date to prevent any overlapping. 220 of 374 The bid will be for the period of 8/3/11 to 8/2/12 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of pipe fittings and accessories. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FISCALIMPACT:ACCOUNT NUMBER ESTIMATED WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $165,000 Last year's expenditures were $164,617. The previous year was $173,391. ALTERNATIVES: Obtain quotes on an “as needed” basis which would not be cost effective and not recommended. 221 of 374 The City of Boynton Beach Finance Department WAREHOUSE DIVISION Tim Howard, Deputy Director of Financial Services TO: FROM: Michael Dauta, Warehouse Manager June 27, 2011 DATE: SUBJECT: Pipe Fittings Bid # 061-1412-11/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The evaluating factors used were A) Pricing; B) Warehouse processing time C) Delivery time. Last year’s expenditures were $164,617.25. The previous year was $173,390.70. This year’s expenditures will be an estimated $165,000. Please see notes for item #’s that are in bold. Ferguson Item(s) # 222 of 374 4 ,18,91,92,93,94,95,96,97,98,99,100,101,102,103,104,105,106,107,108,122,137,138,150,151,152,169,1 70,173,177,183,185,189,195,205,209,210,304,319,320,321 HD Supply Waterworks Item(s) # 4 ,5,6,7,8,9,10,11,12,13,14,15,16,17,36,59,60,64,65,68,69,70,71,72,73,76,120,126,127, 135,136,139,140,141,142,143,144,145,146,147,148,149,153,154,155,156,157,158,159, 160,161,162,163,164,165,166,167,168,171,172,174,175,176,178,179,180,181,182,184, 186,187,188,190,191,192,193,194,196,197,198,199,200,201,202,203,204,206,207,208, 271272 211,212,213,265,266,267,,,274,284,285,286,287,288,289,290,291,292,293,294, 295,296,297,298,299,300,301,302,303,305,306,307,308,309,310,311,314,315,316,318, 322,323,324,327,328,329,330,331,332,333,334,335,336,337,338,339,340,341,342,343, 344,345,346,347,348,349,350,351,352,353,354,356,357,358,359,360,361,362,363,364, 366,367,368,395,397,398,399,400,401,402,404 Lehman Pipe and Plumbing Supply Item(s) # 19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,37,38,40,41,42,43,44,45,46,47,48,4950,51,52,53,54 ,55,56,57,58,61,62,63,66,67,74,75,77,81,82,83,116,121,128,129,130,131, 132,133,134,219,225,227,229,230,231,232,237,238,243,244,245,246,251,256,257,270, 271272 ,,273,275,278,279,280,355,365,369,370,371,372,373,374,375,376,377,378,379, 380,381,382,383,384,385,386,387,388,389,390,391,392,393,394,396,403 MSC Waterworks Item(s) # 1,2,3,39,78,79,80,84,85,86,87,88,89,90,109,110,111,112,113,114,115,117,118,119,123, 124,125,214,215,216,217,218,220,221,222,223,224,226,228,233,234,235,236,239,240, 241,242,247,248,249,250,252,253,254,263,264,269,276,277,312,313,317,326 The following items were not bid on. We will go out for quotes when it’s time to order Item(s) # 255,258,259,260,261,262,268,281,282,283,325 The following items have two (2) vendors with the lowest we bid. We will determine where to get the items from at the time of the order. It will mainly depend on who can get it to us the quickest. Item(s) # 4,271,272 In addition, the following vendors included a discount of % off list for all items not listed on the bid. Ferguson 25% Lehman Pipe 15% The following vendor included a discount of cost plus for all items not listed on the bid. HD Supply Cost plus 12% 223 of 374 CC: Barry Atwood, Director of Finance 224 of 374 225 of 374 226 of 374 227 of 374 228 of 374 229 of 374 230 of 374 231 of 374 232 of 374 233 of 374 7. C BIDS AND PURCHASES OVER $100,000 July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-079 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the Interim City Manager to sign Amendment No. 1 reducing the scope and amount from $678,668 to $285,300 to Task Order #U08-5-01 with CH2M Hill, Inc. for the Central Seacrest Corridor Drainage Improvements and Water Main Replacement project.. ER: Planning and design for this project has been underway XPLANATION OF EQUEST for several years and included in the Utilities Department’s Capital Improvement Plan (CIP) since 2002. To date, CH2M Hill has incurred $1,013,949 for design services for the needed water, sewer, and stormwater improvements. Under Task Order No. U08-05-01, approved October 21, 2008, CH2M Hill was to provide $30,807 professional design, permitting and bidding services with the balance of the $697,092 Task Order for construction management services during the construction period for the Central Seacrest Corridor Drainage Improvements and Water Main Replacement project. However, the project was put on hold due to lack of funding after completing sewer improvements and making “quick fixes” for localized sub-standard immediate water and stormwater needs. Since 2008, the condition of the existing water mains has continued to deteriorate, resulting in the need to replace a greater number of water mains within the project area. This will require additional survey, design, permitting, and bidding services, which are described in the attached Amendment No. 1 from CH2M Hill. The City will modify the scope of CH2M Hill’s existing Task Order in order to provide these services. During construction, the City will retain CH2M Hill as the Engineer of Record (EOR) and issue a separate Request for Qualifications (RFQ) for a consultant to provide construction management services. The overall neighborhood 234 of 374 infrastructure improvements will include new water mains, fire hydrants, stormwater drainage improvements, swales, sidewalks, driveway aprons, and new roadway asphalt overlay. The project was identified in the 2008 fund borrowing to continue, but other priority projects were put in its place. Over the past two years, the Utilities Department has coordinated closely with the Finance Department and our rate consultant to secure funding and include this project in the upcoming bond issue scheduled for late summer or early fall 2011. The Utilities Department and CH2M Hill have developed a revised scope of services to the Task Order which outlines the tasks required to complete the design, renew the applicable permits, and bid the project for construction. Since the project has been relatively dormant while the bond funding is secured, the City intends to issue a separate Request for Qualifications (RFQ) to obtain the services of a consulting engineer to provide Construction Management services for the construction phase of the project. Since CH2M Hill is the design engineer and Engineer of Record (EOR) for the project, the City must retain CH2M Hill to oversee design impacts and answer design-related questions that arise during the construction phase. The revised scope outlined in Amendment No. 1 identifies these specific services. The compensation for this Task Order is based upon the terms and conditions described within the Agreement for General Engineering Consulting Services with the City of Boynton Beach per Resolution 08-027 approved by the Commission on February 19, 2008. CH2M Hill’s fees for this Amendment are based on their hourly rates from 2008. H? The construction of this project will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES significant, positive impact on the Central Seacrest neighborhood by improving the water quality, flow, and pressure to the homes within the project area. Operationally, the City will also reduce water lost due to leakage by replacing substandard, small diameter, rear easement, and leaking water mains. This project will result in improved water conservation and help the City reach our long-term objective of achieving a sustainable water supply. Additionally, this is the last area within the City’s service area to be upgraded from water distribution piping that no longer meets our water quality standards, operating criteria, material standards and system reliability criteria. 235 of 374 FI: The following breaks down the amended Task Order funding: ISCAL MPACT  Task 1 – Design Phase $ 78,987  Task 1 – Survey Allowance $ 15,000  Task 2 – Permitting Phase $ 26,151  Task 3 – Bid Phase $ 15,162 $135,300  EOR Services During Construction $150,000 $285,300 The CIP has funds available in for these services in the following accounts:  403-5006-590-65-02 WTR106  403-5006-590-65-09 STM022. The $678,668 current balance of CH2M Hill’s existing Purchase Order #090556 will be cancelled and a new Purchase Order for the above $285,300 will be issued. To date, the City has incurred the following design and construction costs on the three (3) elements of the Central Seacrest Corridor project:  $ 795,527 – Water design and localized immediate improvements for substandard service.  $ 568,673 – Stormwater design and localized immediate improvements for stormwater management issues.  $ 726,668 – Sewer design and improvements. $2,090,868 The Utility FY 2011-12 proposed Capital Improvement Program (CIP) budget shows $16,071,559 estimated costs for completion from the current FY 2010-11 through FY 2014-15 00% bond funding subject to in addition to the above cost for a total cost of $18,162,427. The project is proposed as 1 issuance of Utility Revenue Bonds with water and sewer rates maintained at a level sufficient to pay the resulting debt service. In 2009, CH2M Hill’s construction cost estimate for the project was approximately $13,000,000 and the construction duration was estimated to be thirty-six (36) months. CH2M Hill will update the construction cost and duration estimates as part of Amendment No. 1. This project is so large that it has been broken down into two distinct phases, Phase 1 and Phase 2. Based on the 2009 estimate, the current construction estimate for Phase 1 is $5,500,000 and Phase 2 is $7,500,000. In our efforts to save time and money, the City is planning to bid the entire project at one time as a single bid package. Initially, the City will issue a Notice to Proceed (NTP) and encumber the funding for Phase 1 only. Upon the successful completion of Phase 1 by the awarded Contractor, the City will issue a NTP for Phase 2 through additional authorization by City Commission and the Phase 2 funding will be encumbered at that time. 236 of 374 A: The Central Seacrest Corridor project has been and continues to be a LTERNATIVES cornerstone for the City’s CIP infrastructure improvements. Due to the water quality, flow, and pressure issues that persist in the neighborhood, there is no feasible alternative at this time. 237 of 374 238 of 374 239 of 374 240 of 374 241 of 374 242 of 374 243 of 374 244 of 374 245 of 374 246 of 374 247 of 374 248 of 374 249 of 374 250 of 374 251 of 374 252 of 374 253 of 374 254 of 374 255 of 374 256 of 374 257 of 374 258 of 374 259 of 374 260 of 374 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Recommend approval of negotiated settlement of $14,000 EQUESTED CTION BY ITY OMMISSION in Konstantinos Kampouris v. City of Boynton Beach ER: XPLANATION OF EQUEST Defense Counsel: none Plaintiff Counsel: Michael S. Steinger, Steinger Iscoe & Greene Incident: Motor vehicle accident on July 13, 2009. Fire Department Operator traveling rd south on North Federal Highway at NE 3 Ave. City driver looked away to see police officers at a stop. When he looked back he saw plaintiff’s vehicle and was unable to stop. He rear- ended plaintiff vehicle and pushed the vehicle into a third vehicle. Plaintiff suffered injuries to neck and back. Current medicals are in excess of $20,000 and continuing. H? Recommendations for settlements of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement of $14,000 will be charged to the Risk Management budget ISCAL MPACT expense line item 522-1710-519-49.21, Self-Insured Losses, for third party automobile liability self-insured losses. A: Failure to approve settlement will result in claim being litigated. Value of this LTERNATIVES case at trial is estimated at $75,000. Defense trial legal costs are estimated at $20,000. Claimaut/KampourisK01.doc 261 of 374 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori Laverriere Interim City Manager FROM: Charles J. Magazine Risk Manager DATE: June 22, 2011 SUBJECT: Konstantinos Kampouris v. City of Boynton Beach Date of Loss: July 13, 2009 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 50,000 Expenses: $ 10,000 Demand : Original: $ 100,000 Final: $ 15,000 Offer : Original: $ 5,000 Final: $ 14,000 SETTLEMENT$ 14,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ 7,500 $ -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 20,000 : $ 75,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Motor vehicle accident on July 13, 2009. Fire Department Operator rd travelling south on North Federal Highway at NE 3 Ave. City driver looked away to see police officers at a stop. When he looked back he saw plaintiff’s vehicle and was unable to stop. He rear-ended plaintiff vehicle and pushed the vehicle into a third vehicle. Plaintiff suffered injuries to neck and back. Current medicals are in excess of $20,000 and continuing. Cjm/Claimaut/KampourisK02.doc 262 of 374 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve settlement with Blake’s Towing & Transport Inc. EQUESTED CTION BY ITY OMMISSION and authorize the City Attorney's Office to draft a settlement and release agreement. ER: The City Attorney’s Office is requesting approval to settle a claim for XPLANATION OF EQUEST services made by Blake’s Towing & Transport Inc. for $38,500. On February 15, 2011, attorney Gregg D. Kone sent a demand letter on behalf of Blake’s Towing alleging that the City owed a total of $57,035.50 for towing and storage services incurred from 2008 - 2010. A copy of the demand letter is attached. Over the next several months, in conjunction with the City Manager’s Office, the City Attorney’s Office negotiated with Blake’s Towing and eventually agreed to settle the matter for $38,500, subject to the Commission’s approval. If the matter is not settled, Blake’s Towing has indicated that it will proceed with a lawsuit against the City for the full amount previously demanded: $57,035.50. If a lawsuit is filed, the City will have to incur attorney’s fees to defend the suit, and may be ordered to pay $57,035.50 plus litigation . costs if Blake’s towing is successful at trial H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: $38,500 ISCAL MPACT A: Reject settlement offer and incur litigation costs which may be in excess of the LTERNATIVES settlement amount. 263 of 374 264 of 374 265 of 374 266 of 374 267 of 374 268 of 374 269 of 374 270 of 374 271 of 374 272 of 374 273 of 374 274 of 374 275 of 374 276 of 374 8. C CODE COMPLIANCE & LEGAL SETTLEMENTS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Recommend approval of negotiated settlement of $7,500 EQUESTED CTION BY ITY OMMISSION in Cheryl Hughes v. City of Boynton Beach ER: XPLANATION OF EQUEST Defense Counsel: Ben Bedard, Roberts Reynolds Bedard & Tuzzio Plaintiff Counsel: David Comras, Comras & Comras Incident: Fall at Meadows Park Playground on September 18, 2001. While playing on rings playground equipment, fell from rings injuring right arm. Current medicals are in excess of $10,000 and continuing. H? Recommendations for settlements of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement of $7,500 will be charged to the Risk Management budget expense ISCAL MPACT line item 522-1710-519-49.20, Self-Insured Losses, for General Liability Third Party Claims. A: Failure to approve settlement will result in claim being litigated. Value of this LTERNATIVES case at trial is estimated at $25,000. Defense trial legal costs are estimated at $15,000. Claimgl/HughesC01.doc 277 of 374 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori Laverriere Interim City Manager FROM: Charles J. Magazine Risk Manager DATE: June 22, 2011 SUBJECT: Cheryl Hughes for Allison Hughes v. City of Boynton Beach Date of Loss: September 18, 2001 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 25,000 Expenses: $ 10,000 Demand : Original: $ 60,000 Final: $ 10,000 Offer : Original: $ 2,500 Final: $ 5,000 SETTLEMENT$ 7,500 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ 11,000 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 15,000 : $ 25,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Fall at Meadows Park Playground on September 18, 2001. While playing on rings playground equipment, fell from rings injuring right arm. Current medicals are in excess of $10,000 and continuing. Cjm/Claimglt/HughesC02.doc 278 of 374 9. A PUBLIC HEARING July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 07/19/2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Request for New Site Plan approval to construct an 8,806 EQUESTED CTION BY ITY OMMISSION square foot two-story medical office building with retail pharmacy on a 0.66-acre parcel in the C-3 (Community Commercial) zoning district. ER: Fred Griffin, agent for the applicant, is proposing a two-story commercial XPLANATION OF EQUEST development of 8,806 square feet consisting of 6,486 square feet of medical office and 2,020 square feet of retail space for a retail pharmacy; and 300 square feet of common area including lobby, mechanical room and elevator, for a total enclosed building area of 8,806 square feet. Medical office and retail sales (e.g. pharmacy) are permitted uses in the C-3 zoning district. The entire project would be built in one (1) phase. The Sibia project was previously approved by the City Commission on April 21, 2009 (NWSP 09-001). A site plan time extension request was not received and the site plan expired. The proposed site plan application (NWSP 11-002) is very similar to the previously approved site plan that expired (NWSP 09- 001), therefore staff expedited application review. The Planning & Development Board forwards this request to the Commission with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Based on the size and use of the proposed project, annual revenue estimates are as ISCAL MPACT follows: ad valorem property taxes for city $5,380; business tax $1,756; fire assessment $1,409; fire inspection fee $148; and water, sewer, and stormwater fees $1,514; for a total projected annual revenue impact of $10,207. (The refuse collection fee is difficult to estimate at this time). COST: As already indicated, the necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital 279 of 374 outlays or increased staffing would be required. The increase in the operating costs has not been estimated as it is deemed to be negligible. A: N/A LTERNATIVES 280 of 374 281 of 374 282 of 374 283 of 374 284 of 374 285 of 374 286 of 374 287 of 374 288 of 374 289 of 374 290 of 374 EXHIBIT “C” CONDITIONS OF APPROVAL Project Name: Sibia Building File Number: NWSP 11-002 Reference: 2ndreview plans identified as a New Site Plan with a May 26, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None (all previous comments have been addressed). FIRE Comments: None (All previous comments have been addressed, other issues will be addressed during the Permitting process). POLICE Comments: None (all previous comments have been addressed). BUILDING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure √ that additional comments may not be generated by the Commission and at permit review. 2. Buildings three stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the √ time of permit application. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. √ 4. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development √ Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 291 of 374 DEPARTMENTS INCLUDE REJECT 5. At time of permit review, submit separate surveys of each lot, parcel, or tract. √ 6. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The √ plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 7. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, √ the City of Boynton Beach Fire Department. The City’s GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning, & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411-2741 (Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard – 561- 734-0872) 8. At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with 2007 FBC, Section 11-4.6 shall be provided in accordance with Section 11-√ 4.1.2(5)(a) except as follows: a. Outpatient units and facilities: 10% of the total number of parking spaces provided serving each such outpatient unit or facility. b. Units and facilities that specialize in treatment or services for persons with mobility impairments: 20% of the total number of parking spaces provided serving each such unit or facility. 9. Sheet A000- Code Information – Building Code Data: This project shall be designed in accordance with the 2007 Florida Building Code. The following Code Editions are also in effect: √ a. National Electric Code – 2008 b. Florida Fire Prevention Code – 2007 c. NFPA 101 – 2006 RECREATION AND PARKS No comments. FORESTER/ENVIRONMENTALIST No comments. 292 of 374 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING 10. Prior to the issuance of a building permit for the project, an updated traffic concurrency approval from Palm Beach County Traffic √ Engineering shall be required. 11. At time of permitting, revise floor plan (sheet A210) to indicate on the building footprint of Suite B that proposed use is medical office (not √ professional business office). 12. The current code requires trees (except signature trees and palms) to be a minimum of 4 caliper inches measured no higher than 6 inches above the ground. The applicant will cooperate with the City Forester √ in the field to adjust the landscaping as needed to meet the intent of the code, through the use of larger specimens or through the planting of additional material to meet the caliper of inches required. 13. At time of permitting, revise proposed multi-tenant wall signage on building elevations (including sign dimensions, and sign face area per sign) to comply with the requirements of the LDR. Based on length of √ east elevation bridge wall, the maximum total sign face area allowed for wall signage on the building is 51 square feet. Building wall signage shall be required to comply with the community design plan guidelines, such as a single sign style and one (1) lettering style, limited to two (2) colors that complement the building. 14. At time of permitting, revise photometrics plan detail of freestanding outdoor lighting pole from 25 feet to 20 feet in height (from grade to √ top of light fixture). Revise photometrics on plan accordingly. 15. If light fixtures on the ceiling of the under-building entrance can not be recessed, ensure the fixtures are cut-off style, with shielding to keep √ the lighting source from being seen. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS To be determined. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Sibia Building - 709 S.Federal Hwy\NWSP 11-002\COA.doc 293 of 374 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sibia Building APPLICANT’S AGENT: Fred Griffin, Fred Griffin Builder, LLC AGENT’S ADDRESS: 1499 S Federal Highway, Suite 236, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 19, 2011 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 10,347 square foot commercial building consisting of medical office and retail, and related site improvements on a 0.66 acre parcel zoned C-3 Community Commercial. LOCATION OF PROPERTY: 709 S. Federal Highway, Boynton Beach, FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ __________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Sibia Building 709 S. Federal Hwy\NWSP 11-002\DO.doc 294 of 374 10. A CITY MANAGER’S REPORT July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss the request by the 300 Property Owners EQUESTED CTION BY ITY OMMISSION Association to enter into a land-lease agreement for the Meadows parcel located at the SW corner of Meadows and Springfield Boulevards. ER: Terry Lonergan, President of the 300 Property Owners Association XPLANATION OF EQUEST contacted the City regarding their interest in pursuing a land-lease agreement for this parcel of property. This parcel, located on the southwest corner of Springfield and Meadows Boulevards is four acres and was dedicated to the City in 1984 as part of the developer’s parks impact fee. The plat (Meadows 300, Plat #3) for this parcel states that “The street rights of way and public park, as shown hereon, are herby dedicated to the City of Boynton Beach, Florida, for perpetual use of the public for proper purposes.” Upon review of this request, staff submits the following for consideration: The subject park land must always be available for public use, regardless of who o maintains it. This is a plat issue that is non-negotiable. If the City Commission wishes to allow the HOA to participate in maintenance of the o land, then staff recommends that this would be best accomplished through a maintenance agreement rather than a lease agreement. Any such maintenance agreement will require the HOA to provide liability and other o insurance to the satisfaction of the City’s Risk Manager. The lease shall be very specific as to what improvements will be allowed. For example, o we don’t want to enter into a turf maintenance agreement to then see playground apparatus installed without City knowledge. The maintenance agreement would have to be amended to allow for any improvements made by the HOA. Improvements could 295 of 374 also include re-grading the entire site which would also require City permit approval (drainage issues primarily). This means the initial agreement must be very clear in what improvements are allowed, when they will be installed, and what maintenance tasks will be performed. Any improvements, even though inclusive in the maintenance agreement or its o amendment, must be placed in conformance with City permit requirements. Staff will determine what funding will be requested of the City if this item moves forward. o Staff recommends that City participation does not exceed the amount now being expended for maintenance, which currently is $1,800 annually. H? At this point there will be no affect on any OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services. FI: None at this time. ISCAL MPACT A: Do not discuss the request from the 300 Property Owners Association. LTERNATIVES 296 of 374 297 of 374 10. B CITY MANAGER’S REPORT July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of Transferring Project Approval from the EQUESTED CTION BY ITY OMMISSION Planning and Development Board to the CRA Board for Projects Located within the CRA ER: At the June 14, 2011 CRA Board meeting, the Board voted to XPLANATION OF EQUEST recommend to the City Commission that project approval that is currently being handled by the Planning and Development Board be transferred to the CRA Board for projects located with CRA boundaries. Prior to 2007 and the Commission becoming the Board, the CRA Board served as the Planning and Development Board hearing projects presented by City staff at their regular meetings. The projects would then be heard by the Commission during Public Hearing. The rationale for having the CRA Board review projects within its boundaries is twofold; first, CRA Board members have a more intimate knowledge of the adopted CRA plans and therefore can determine if a proposed project meets the goals of the CRA plans; and two if the CRA is negotiating incentives on the project, it can tie the incentives to enhancing the projects appearance. H? If the CRA regains project approval, City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES staff could potentially have to attend an additional meeting per month assuming there were projects both for the Planning and Development Board and the CRA Board. FI: N/A ISCAL MPACT A: Do not give project approval to the CRA Board. LTERNATIVES 298 of 374 11. A UNFINISHED BUSINESS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on the status of developing a "dog park" in EQUESTED CTION BY ITY OMMISSION Boynton Beach. ER: Staff was directed to receive feedback from the Recreation & Parks XPLANATION OF EQUEST Advisory Board regarding the possible development of a “dog park” using one of our existing undeveloped park sites. At their June 27, 2011 meeting, the Board confirmed that this warrants further discussion. To help form this discussion, the Board wants to consider all the undeveloped parks sites. As such, the first step in this process will be for the board to visit each of these sites, which they will do as part of their meetings in July, August and September if necessary. This annual activity allows the board to submit to the Commission their list of priorities as it relates to park development. The “dog park” will be included in this list. H? No affect at this time. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not accept the status report. LTERNATIVES 299 of 374 13. A LEGAL July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of revocation of the City's Lobbyist EQUESTED CTION BY ITY OMMISSION Registration Ordinance and adoption of Lobbyist disclosure procedures ER: At the June 7, 2011 City Commission meeting the City Commission XPLANATION OF EQUEST instructed the City Attorney to review the City’s Lobbyist Registration Ordinance. The City Attorney has reviewed the Ordinance and recommends revocation of the Ordinance in full and substitution of disclosure standards as set forth in the attached draft Ordinance. The revised procedures would shift all responsibility for investigation and determination of violation to the Palm Beach County Commission on Ethics to determine if the conduct associated with undisclosed lobbying violates the ethical standards which are now applicable to City public officials. The City is obligated to pay Palm Beach County Commission on Ethics and/or the Palm Beach County Inspector General $106,078 for the 2011-2012 fiscal year. H? There will be a significant reduction in the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES administrative activities association with the current Lobbyist Registration Ordinance i.e. the City Clerk will no longer maintain a Lobbyist Registration Index. Additionally, the City Manager would no longer be required to conduct an investigation nor would the City be required to retain a hearing officer in the event of an appeal. FI: The current costs of administering the Lobbyist Registration Ordinance are ISCAL MPACT indeterminable. A: 1. Continue with the current Lobbyist Registration Ordinance. LTERNATIVES 2. Modify the current Lobbyist Registration Ordinance to a different degree. 300 of 374 3. Provide no provisions for City regulations of Lobbyist and rely on countywide ethical regulations. 301 of 374 Article XVI entitled “Registration of Lobbyist” of Chapter 2 entitled “Administration” of the Code of Ordinances is hereby created to read as follows: Sec. 2-230 Title and Purpose. A. This Ordinance may be referred to as the “City of Boynton Beach Lobbyist Disclosure Ordinance.” B. It is the intent of this ordinance that all City Commissioners, prior to voting on any matter that results in the award of a contract, award of a grant, award or the approval of a land development order or conveyance of property disclose the names of lobbyists, as that term is defined in this ordinance, who have contacted the City Commissioner to advocate on behalf of a person or entity seeking a contract, grant award, land development order or conveyance of property. Sec. 2-231 Definitions. A. Unless expressly provided herein to the contrary, for purposes of this Ordinance, the following definitions will apply: “Commission” 1. will mean the City Commission of the City of Boynton Beach, Florida when acting as a collegial body. “City Commissioner” 2. will mean any member of the City Commission of the City of Boynton Beach, Florida. “Lobbying” 3. shall mean seeking to influence the decision of any City Commissioner on an issue concerning: a. The award of a contract. b. The award of a grant. c. The approval of a Development Order. d. The acquisition or conveyance of an interest in real property. “Lobbyist” 4. shall mean any Person who is employed and receives payment, or who contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal. “Lobbyist” shall not include any government employee, when the employee is acting in the course of his or her 302 of 374 employment, any elected official when the official is acting on behalf of the government agency which the official serves, or any member of the elected official’s staff when such staff member is acting on behalf of the governmental agency by which the staff member is employed. “Principal” 8. shall mean the person or entity a Lobbyist represents for the purpose of Lobbying. Sec. 2-232 Disclosure prior to vote . Prior to the vote on any of the matters listed in Section 2-231(A)(3) each member of the City Commission shall disclose whether he or she has been contacted by a Lobbyist or a Principal with respect to the matter coming forward on the agenda for consideration. Prior to the vote on any of the matters listed in Section 2-231(A)(3) any person or entity which is under consideration for any contract award, grant award, or conveyance of property or Development Order must file a written disclosure of all communications made by any Principal or Lobbyist to any member of the City Commission. Failure to file such disclosure shall disqualify the person or entity from receiving the contract, grant, Development Order or conveyance of property. Sec. 2-233___Violations and Penalties. A. Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance shall be forwarded to the Palm Beach County Commission on Ethics to determine if any violation of the County ethics standards have occurred and if so, what penalty shall be imposed. 303 of 374 13. B LEGAL July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 11-019 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to the land development regulations to add Florida-Friendly Landscaping standards and provisions. Applicant: City-initiated. ER: The City’s landscaping requirements, approved with the adoption XPLANATION OF EQUEST of Ordinance 10-25 (LDR Rewrite project), included several provisions that are based upon the Florida-friendly landscape principles (e.g., drought tolerant species). Staff later concluded that more research should be conducted on the topic and that additional enhancements to the code are warranted, particularly due to the increased need for water conservation, and in connection with a related strategy adopted in the City’s Climate Action Plan . The University of Florida’s Institute of Food and Agricultural Sciences (IFAS) helped create the nine (9) Florida-friendly landscaping principles. The intent of these principles is aimed at reducing the environmental impact of development by employing sustainable landscaping / maintenance practices. The nine (9) principles are listed as follows: 1. Right Plant, Right Place 2. Water Efficiently 3. Fertilize Appropriately 4. Mulch 5. Attract Wildlife 6. Manage Yard Pests Responsibly 7. Recycle 8. Prevent Stormwater Runoff 9. Protect the Waterfront 304 of 374 The Florida Department of Environmental Protection (DEP) developed a model ordinance intended to guide the adoption of these principles. Staff reviewed the model ordinance and used it as a guide in drafting the proposed regulations. The intent of these regulations is to foster a more sustainable outdoor environment on developed non-residential and multi-family residential sites, while taking into consideration feasibility and financial impacts upon the development community, landscape industry, businesses, and property owners. It should be noted that the draft regulations were distributed to local stakeholders (i.e., nursery grower, landscape architects, landscape contractor, and irrigation contractor) and their feedback has been positive and incorporated into the proposed regulations. As for the position of the Planning & Development Board, the Board forwards the item to the Commission with a recommendation for approval. H? The subject ordinance implements a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES strategy approved within the Community Action Plan (CAP) as part of the efforts of the City’s Green Task Force. FI: N/A ISCAL MPACT A: Not approve subject code amendment or approve with changes. LTERNATIVES 305 of 374 ORDINANCE 11-____ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO PART III, "LAND DEVELOPMENT REGULATIONS" TO ADD FLORIDA- FRIENDLY LANDSCAPING STANDARDS AND PROVISIONS; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, due to the increased need for water conservation and in connection with a related strategy adopted in the City’s Climate Action Plan staff has determined that additional enhancements to the code are warranted; and WHEREAS, the intent of these regulations is to foster a more sustainable outdoor environment on developed non-residential and multi-family residential sites while taking into consideration feasibility and financial impacts upon the development community, landscape industry, business and property owners; and WHEREAS, staff recommends the adoption of the attached revisions to the Land Development Regulations as they will add Florida-friendly landscaping standards and provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows: See attached Exhibit “A” 306 of 374 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. REMAINDER OF PAGE INTENTIONAL LEFT BLANK 307 of 374 PASSED FIRST READING this ___ day of __________, 2011. SECOND AND FINAL READING ADOPTED this ___ day of ________, 2011. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Jose Rodriguez _________________________________ Vice Mayor – William Orlove _________________________________ Commissioner – Woodrow L. Hay _________________________________ Commissioner – Steven Holzman _________________________________ Commissioner – Marlene Ross ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 308 of 374 309 of 374 310 of 374 311 of 374 312 of 374 313 of 374 314 of 374 315 of 374 316 of 374 317 of 374 318 of 374 319 of 374 320 of 374 321 of 374 322 of 374 323 of 374 324 of 374 325 of 374 326 of 374 327 of 374 328 of 374 329 of 374 330 of 374 331 of 374 332 of 374 333 of 374 334 of 374 335 of 374 336 of 374 337 of 374 338 of 374 339 of 374 340 of 374 341 of 374 342 of 374 343 of 374 344 of 374 345 of 374 346 of 374 347 of 374 348 of 374 349 of 374 350 of 374 351 of 374 352 of 374 353 of 374 354 of 374 355 of 374 356 of 374 357 of 374 358 of 374 359 of 374 360 of 374 361 of 374 362 of 374 363 of 374 364 of 374 365 of 374 366 of 374 14. A FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Economic Development Plan - 8/02/11 EQUESTED CTION BY ITY OMMISSION ER: A the June 7, 2011 City Commission meeting, staff was directed to XPLANATION OF EQUEST bring back to Commission an Economic Development Plan to include a two-pronged approach that will assist with both business retention and business recruitment throughout the city. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 367 of 374 14. B FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Authorization for Utilities Revenue Bonds - 8/02/11 EQUESTED CTION BY ITY OMMISSION ER: Request authorization from the City Commission to procure XPLANATION OF EQUEST revenue bonds to pay for necessary Utilities capital improvement projects. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 368 of 374 14. C FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Veteran's Park on Ocean Ave - 08/16/11 EQUESTED CTION BY ITY OMMISSION ER: At the June 21, 2011 City Commission meeting, staff was directed XPLANATION OF EQUEST to collaborate with the CRA and Recreation and Parks Advisory Board to bring back to the Commissions options for park enhancement/redevelopment for the Ocean Avenue Veteran’s Park. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 369 of 374 14. D FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: City Manager Search - 8/16/11 EQUESTED CTION BY ITY OMMISSION ER: As a follow-up to the June 21, 2011 City Commission meeting, staff XPLANATION OF EQUEST will bring back to Commission a recommended process for a City Manager search. This will include job description and qualifications, profile of the City and the ideal candidate, application screening options and suggested timeline. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 370 of 374 14. E FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Climate Action Plan Implementation Status Report - EQUESTED CTION BY ITY OMMISSION 8/16/11 ER: Status report update to Commission regarding progress made on XPLANATION OF EQUEST Climate Action Plan implementation strategies. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 371 of 374 14. F FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Follow-up to City/CRA workshop - 9/06/11 EQUESTED CTION BY ITY OMMISSION ER: As a follow-up to the May 17, 2011 Commission meeting, staff will XPLANATION OF EQUEST bring back to the Commission updated funding estimates for options 1a and 1b which included relocating the Police Department to either the High Ridge Road site or East Seacrest Blvd. Staff will also provide land values on city owned property available for sale. Staff has been informed the appraisal work will be complete by mid-August, hence the 9/6/11 report date to the Commission. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 372 of 374 14. G FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Recommendation from the “review committee” to rename EQUESTED CTION BY ITY OMMISSION the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD ER: This item was tabled at the June 21, 2011 City Commission XPLANATION OF EQUEST meeting. Staff recommends that this item remain tabled pending the conclusion of litigation concerning the Rahming and Williams families. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 373 of 374 14. H FUTURE AGENDA ITEMS July 19, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 19, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of a proposed committee to be assigned to EQUESTED CTION BY ITY OMMISSION explore a Green Market for the City of Boynton Beach in 2011 - TBD ER: The City Commission originally discussed this matter at the XPLANATION OF EQUEST November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market th Program outlined at their meeting of December 14. The CRA Board authorized the use of a consultant for a limited feasibility study with active participation of City and CRA staff in data gathering and discussion. H? Unknown at this time. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth ISCAL MPACT and Port St. Lucie Green Markets should be obtained. A: Information LTERNATIVES 374 of 374