Agenda 09-04-12 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, SEPTEMBER 4, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
Mack McCray
Vice Mayor – District II
Vacant
Commissioner – District I
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
Breeze into Boynton Beach –
America’s Gateway to the Gulfstream
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).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Holzman
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
A. Conduct First Budget Public Hearing for FY 2012/2013 Proposed Annual
Operating Budget.
PROPOSED RESOLUTION NO. R12-086
- Adopt the proposed millage rate for
the General Fund for Fiscal Year 2012-2013.
PROPOSED RESOLUTION NO. R12-087
- Adopt the Tentative Budget for the
General Fund and all other funds for Fiscal Year 2012-2013.
B. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim the month of September 2012 as Hunger Action Month.
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
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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. R12-088
A. - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach.
B. Approve the Bid Award for "ANNUAL SUPPLY OF BRASS FITTINGS AND
ACCESSORIES" Bid # 063-1412-12/MFD to the following seven (7)
companies: Ferguson, Fortiline Waterworks, HD Supply, Lehman Pipe,
Mariflow, Municipal Waterworks and Sunstate Metering on an overall basis, to
the lowest, most responsive, responsible bidders who met all specifications for
an estimated annual amount of $52,000 and will be purchased on an "As
Needed Basis".
C. Approve the updated Library Long Range Plan for 2012-2015.
PROPOSED RESOLUTION NO. R12-089
D. - Authorize application and
execution of the agreement for Library State Aid To Public Libraries Grant for
FY2012-2013
E. Approve the minutes from the regular City Commission meeting held on August
21, 2012
F. Accept the resignation of Jeanne Heavilin, a regular member of the Special
Events Ad Hoc Advisory Committee
PROPOSED RESOLUTION NO. R12-090
G. - Approve and ratify the action of the
South Central Regional Wastewater Treatment and Disposal Board at their
meeting on August 16, 2012 and; 1) Accept the 2012/2013 Wastewater and
Reclaim O&M Budget, 2) Authorize establishment of user rate (O&M at
$0.9866/1,000 Gal and R&R Reservers at $0.1940/1,000 Gal) to Delray Beach
and Boynton Beach for fiscal year 2012/2013 at 1.1806/1,000 Gal, 3) Authorize
establishment of the reclaim user rate at $0.18643/1,000 Gal to consumers
Delray Beach, Boynton Beach and South Central Regional for Fiscal year
2012/2013, 4) Accept the 2012/2013 Organizational Chart and Salary ranges,
5) Authorize the approval of the second amendment to the Interlocal
Government Agreement for biosolids processing and recycling between the
Solid Waste Authority and South Central Regional Wastewater Treatment and
Disposal Board. Amendment to closeout project increases contract by the
amount of $673,964 for a final contract amount of $7,370,799.
H. Accept the resignation of T. Brooke Spell, a regular member of the Code
Compliance Board
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I. Approve the rejection of seven (7) proposals received by Procurement
Services in response to the "RFP for a Three Year Contract for Pharmacy
Benefits Manager"; RFP No.: 061-1610-12/JMA.
J. Approve the rejection of six (6) proposals received by Procurement Services in
response to the "RFP for a Three Year Contract with a Third Party
Administrator for the City of Boynton Beach Employee Medical Plan"; RFP No.:
060-1610-12/TWH.
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R12-091
A. - Approve and authorize execution
of a Two Year Agreement between The Hartford and the City of Boynton Beach
for Life and Disability Insurance per the Request for Proposal for a "Two Year
Contract for Life and Disability Insurance Plans for the Employees of the City of
Boynton Beach"; RFP No.: 053-1610-12/JMA.
PROPOSED RESOLUTION NO. R12-092
B. - Approve the piggy-back of the
Martin County contract (RFB #2012-2540) with Aquifer Maintenance and
Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions,
specifications and pricing. Approve the execution by the City Manager of a
cover Agreement between the City and AMPS, Inc. The bid term is from July
23, 2012 to July 22, 2015, with options for two one-year renewals. This contract
will be utilized for well rehabilitation services on an As-Needed Basis, with an
estimated annual expenditure of $225,000.
C. Approve the Bid Award for "ANNUAL SUPPLY OF PIPE FITTINGS AND
ACCESSORIES" Bid # 062-1412-12/MFD to the following seven (7)
companies: Corcel Corp, Ferguson, Fortiline Waterworks, HD Supply
Waterworks, Lehman Pipe and Plumbing Supply, Mariflow and US
Construction on an overall basis, as the lowest, most responsive, responsible
bidders who met all specifications for an estimated annual amount of $142,000
and will be purchased on an "As Needed Basis".
D. Award the Bid for "TWO YEAR CONTRACT FOR LANDSCAPE
MAINTENANCE" Bid #048-2730-12/JMA to BTS Land Services, The Brickman
Group, First Genesis Lawn, Girard Environmental Services, BG Katz Property
Maintenance, Latona View Lawn Care, Novo Arbor, Superior Landscaping, and
Vincent & Sons Landscaping. The FY 2012/13 total award amount to all
contractors is $657,818.80.
PROPOSED RESOLUTION NO. R12-093
E. - Approve a one-year extension to
the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS
ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with
CIGNA Healthcare for the plan year October 1, 2012 through September 30,
2013 as provided under the Terms of the contract with CIGNA and the City of
Boynton Beach.
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8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
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.
None
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
A. District I Vacancy - Discussion of Letters of Interest
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO 12-014 - SECOND READING
A. - Approve
amendments to the Land Development Regulations pursuant to Section
509.233 Florida Statutes, to allow for the exemption from that portion of State
Law and the U.S. Food and Drug Administration’s Food Code that prohibit dogs
on the premises of a food establishment, and to establish a permit system and
operational rules. Applicant: City Initiated.
14. FUTURE AGENDA ITEMS
A. Final Adoption Public Hearing - Fire Assessment Rate Resolution - Thursday,
September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E.
Boynton Beach Boulevard.
B. 2nd Budget Adoption Public Hearing - Tuesday, September 18, 2012 @ 6:30
p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard.
C. Scheduling of City Commission Workshop to discuss future of City Hall
Campus - TBD
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15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
Closed-door session to be held at 7:30 p.m. (or as soon thereafter as
practicable) on September 4, 2012 regarding the case of City of Boynton
Beach, A Florida municipal corporation, Plaintiff v. Villa Lago Condominium
Association at Renaissance Commons, Inc.,A Florida non-profit corporation,
and RCR Holdings II, LLC,A Florida limited liability corporation. Case No.
502011CA019091
16. 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.
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2. A
OTHER
September 4, 2012
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Conduct First Budget Public Hearing for FY
EQUESTED CTION BY ITY OMMISSION
2012/2013 Proposed Annual Operating Budget.
PROPOSED RESOLUTION NO. R12-086 - Adopt the proposed millage rate for the General
Fund for Fiscal Year 2012-2013.
PROPOSED RESOLUTION NO. R12-087 - Adopt the Tentative Budget for the General Fund
and all other funds for Fiscal Year 2012-2013.
ER:
Staff will provide a budget overview (power point). Attached
XPLANATION OF EQUEST
please find several follow up items from the budget workshops that require continued
discussion by the City Commission:
Priority Listing of landscape maintenance areas to be added back into the
1)
budget
–$150,000 - This list also includes the incorporation of $20,000 in
maintenance costs transferred over to the City from the CRA – Promenade and
BB Blvd. Extension. Attachment #1, #1a and #1b.
Report from Library Director on the additional costs to open the Library on
2)
Fridays.
Attachment #2
Total overtime costs for Police Department
3) – All budgets. Attachment #3
Impact Analysis of Closure of Fire Station #1
4) – Memorandum from Fire Chief
Ray Carter. Attachment #4
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Red Light Camera Program Review
5) – Report on first year operation of
program. Consideration of adding two Community Service Officer positions to the
proposed budget for more efficient program operation. See Attachment #5
Special Event Funding
6) – During the CRA budget workshop the CRA Board
determined that the use of CRA funds to fund the Fourth of July festivities was
not an appropriate expenditure of CRA funds and therefore requested the City
consider providing the funding for the event. Based on the attached information
from the CRA, staff is recommending funding in the amount of $85,000 for the
th
July 4 event. This will include the elimination of the live entertainment during
the event and will include the cost to utilize the services of an event coordinator.
Current city staffing levels cannot absorb the responsibility of organizing the
event. See Attachment #6.
Consideration of amending fees/charges in Development Department
7) .
Discuss potential changes to fees/charges schedule for improved cost recovery.
Additional revenue of $75,000 – See Attachment #7
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
TBD
ISCAL MPACT
A:
N/A – The Commission must adopt an annual budget.
LTERNATIVES
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RESOLUTION R12-_____
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA ADOPTING A PROPOSED MILLAGE RATE FOR
THE CITY'S GENERAL OPERATING FUND FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING
SEPTEMBER 30, 2013, ANNOUNCING THE PERCENT, IF
ANY, THE PROPOSED MILLAGE RATE EXCEEDS THE
ROLLED-BACK RATE; ANNOUNCING THE DATE, TIME
AND PLACE OF THE SECOND AND FINAL PUBLIC
HEARING ON THE BUDGET AND MILLAGE RATE;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
PROVIDING AN EFFECTIVE DATE
.
WHEREAS,
a tentative budget has been prepared estimating expenditures and
revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed
information, including revenues to be derived from sources other than ad valorem levy, and the
administrative staff of the City has made recommendations as to the amount necessary to be
appropriated for the ensuing year; and
WHEREAS,
the City Commission has conducted a public hearing and considered the
recommendations, the suggested tentative budget, and the proposed millage necessary to be
levied to carry on the government of the City for the ensuing year;
WHEREAS,
the City of Boynton Beach, Florida, has followed the procedures as
outlined in Florida Statutes Section 200.065.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The proposed Millage Rate for the 2012-2013 Fiscal Year shall be
________ for the General Fund.
Section 3. A copy of the tentative budget shall be published in one issue of a
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newspaper published in Palm Beach County, Florida, and at the same time the public will be
notified of a public hearing to be held on the 18th day of September, 2012, at 6:30 P.M. for the
purpose of hearing suggestions, agreements, objections or criticisms of the tentative budget and
millage. This meeting is for the purpose of setting a final tax levy and final budget.
Section 4. The proposed millage rate is _____ % above the computed rolled back
rate of 7.3016.
Section 5. If any clause, section, or other part of this Resolution shall be held by
any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the other
provisions of this Resolution.
Section 6. This Resolution shall become effective immediately upon passage.
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PASSED AND DULY ADOPTED
this 4th day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Woodrow L Hay
____________________________
Vice Mayor – Mack McCray
____________________________
Commissioner –
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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RESOLUTION R12-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE
DATE.
WHEREAS,
a tentative budget has been prepared by the Interim City Manager
estimating expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing
year, with detailed information, including revenues to be derived from sources other than the
ad valorem tax levy, and she has made recommendations as to the amount necessary to be
appropriated for the ensuing year; and
WHEREAS
, the City Commission of the City of Boynton Beach has conducted a public
hearing in accordance with s. 200.054 Florida Statutes on the City’s tentative budget and the
proposed millage rate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. That the tentative budget of the City of Boynton Beach, Florida, for the
fiscal year beginning October 1, 2012 and ending September 30, 2013, a copy of which is
attached hereto, is hereby adopted and the appropriations set out therein are hereby made to
maintain and carry on the government of the City of Boynton Beach, Florida.
General
Section 3. There is hereby appropriated the sum of $ 69,017,724 to the
Fund
for the payment of operating expenditures, transfers to other funds, and necessary capital
outlays for the City Government pursuant to the terms of the above budget.
Local
Section 4. That there is hereby appropriated the sum of $ 1,101,690 to the
Option Gas Tax Special Revenue Fund
for the payment of operating expenditures, transfers
to other funds, and necessary capital outlays.
Section 5. That there is hereby appropriated the sum of $ 386,202 to the
Community Improvements Special Revenue Fund
for the payment of operating
expenditures, transfers to other funds, and necessary capital outlays.
Public
Section 6. That there is hereby appropriated the sum of $ 114,069 to the
Arts Special Revenue Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
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Section 7. That there is hereby appropriated the sum of $ 1,012,630 to the
Recreation Program Special Revenue Fund
for the payment of operating expenditures,
transfers to other funds, and necessary capital outlays.
Cemetery
Section 8. That there is hereby appropriated the sum of $ 336,273 to the
Special Revenue Fund
for the payment of operating expenditures, transfers to other funds, and
necessary capital outlays.
Section 9. That there is hereby appropriated the sum of $ 1,076,500 to
Traffic Safety Special Revenue Fund
the for the payment of operating expenditures, transfers
to other funds, and necessary capital outlays.
Public
Section 10. That there is hereby appropriated the sum of $ 8,987,265 to the
Service Tax Debt Service Fund
for the purpose of payment operating expenditures, transfers
to other funds, and the principal and interest due on the public service tax bonds of the City
not subject to statutory exemptions and for redeeming such bonds as they mature.
General
Section 11. That there is hereby appropriated the sum of $ 1,774,000 to the
Capital Improvement Capital Projects Fund
for the payment of transfers to other funds and
capital outlays pursuant to the terms of the above budget.
Water
Section 12. That there is hereby appropriated the sum of $ 36,636,406 to the
and Sewer Utility Enterprise Fund
for operating expenditures, debt service, transfers to other
funds, and necessary capital outlay.
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Water
Section 13. That there is hereby appropriated the sum of $ 24,671,000 to the
and Sewer Utility Capital Improvement Enterprise Fund
for the payment of capital outlays
pursuant to the terms of the above budget.
Golf
Section 14. That there is hereby appropriated the sum of $ 2,226,659 to the
Course Enterprise Fund
for operating expenditures, transfer to other funds, and necessary
capital outlays.
Solid
Section 15. That there is hereby appropriated the sum of $ 11,311,258 to the
Waste Enterprise Fund
for the payment of operating expenditures, transfers to other funds
and necessary capital outlays.
Fleet
Section 16. That there is hereby appropriated the sum of $ 6,013,659 to the
Maintenance Internal Service Fund
for the payment of operating expenditures, transfers to
other funds, and necessary capital outlays.
Section 17. That there is hereby appropriated the sum of $ 286,233 to the
Warehouse Internal Service Fund
for the payment of operating expenditures, transfers to
other funds, and necessary capital outlays.
Self-
Section 18. That there is hereby appropriated the sum of $ 2,518,243 to the
Insurance Internal Service Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Section 19. A copy of the tentative budget summary shall be published in one issue
of a newspaper published in Palm Beach County and at the same time the public will be
notified of a public hearing to be held on the 18th day of September, 2012, at 6:30 P.M. for the
purpose of hearing suggestions, agreements, objections or criticisms of the final budget and
millage. This meeting is for the purpose of setting a final ad valorem tax levy and final budget.
Section 20. All delinquent taxes collected during the ensuing fiscal year as proceeds
from levies of operation millages of prior years are hereby specifically appropriated for the use
of the General Fund.
Section 21. If any clause, section or other part of this Resolution shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
remaining portions of this Resolution.
Section 22. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 23. This Resolution shall become effective immediately upon passage.
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th
PASSED AND DULY ADOPTED
this 4 day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Woodrow L. Hay
____________________________
Vice Mayor – Mack McCray
____________________________
Commissioner –
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
September 4, 2012
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Proclaim the month of September 2012 as Hunger
EQUESTED CTION BY ITY OMMISSION
Action Month.
ER:
All across America, elected officials are making public
XPLANATION OF EQUEST
statements about the problem of hunger in their community. In Broward, Miami-Dade,
Monroe and Palm Beach counties approximately 1 million individuals ever day are
unsure where their next meal will come from.
Most people believe only the homeless are hungry; but there are children, families and
the elderly in our community needing support. This proclamation will provide greater
awareness and celebrate the opportunities to help with the mission of hunger relief in
South Florida.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to allow proclamation.
LTERNATIVES
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PROCLAMATION
WHEREAS, hunger and poverty are issues of grave concern in the United States and
the State of Florida; and
WHEREAS, the City of Boynton Beach of Palm Beach County is committed to taking
steps to raise awareness about the need to combat hunger in every part of our city and
to provide additional resources that citizens of Boynton Beach need; and
WHEREAS, the city of Boynton Beach is committed to working with Feeding South
Florida in educating people about the role and importance of food banks in addressing
hunger and raising awareness of the need to devote more resources and attention to
hunger issues; and
WHEREAS, more than 1 million individuals in south Florida rely on food provided by
Feeding South Florida and its network of Partners agencies annually; and
WHEREAS, the members of Feeding South Florida distributed more than 30 million
pounds of food and grocery products in 2011 through its network of food pantries,
soup kitchens, shelters and other community organizations; and
WHEREAS, food banks across the country, including Feeding South Florida – will host
numerous events throughout the month of September to bring awareness and attention
to encourage involvement in efforts to end hunger in their local community;
NOW, THERFORE, I, Woodrow L. Hay, do hereby recognize September, as
HUNGER ACTION MONTH
in our City of Boynton Beach and I call this observance to the attention of our citizens.
In witness whereof, I Woodrow Hay, have hereunto set my hand and caused the
Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the
4th day of September, 2012.
_______________________
Woodrow Hay, Mayor
ATTEST:
___________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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5. A
ADMINISTRATIVE
September 4, 2012
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THERITY ANAGERS EPORT
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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
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for 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.
**NOTE: At the last City Commission meeting it was requested by members of the
Commission to bring back for discussion the Financial Advisory Committee regarding
their inability to hold meetings due to the lack of quorum in the membership. There is
currently an application pending for appointment to the Financial Advisory Committee
that if appointed, would provide a quorum for the committee.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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. R12-088 -
EQUESTED CTION BY ITY OMMISSION
Assess the cost of nuisance abatement on properties within the City of Boynton Beach.
In accordance with the Municipal Lien Procedure on file in
ER:
XPLANATION OF EQUEST
the City of Boynton Beach, the attached list contains the addresses of properties cited
by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an
invoice to each property owner. There was no response within the required 30-day
period. Copies of the invoices were then forwarded to the City Clerk’s Office for
continuation of the procedure. The property owners were again issued a copy of the
invoice and a letter which offered an opportunity to pay the invoice within an additional
30-day period. The attached list contains the names of the property owners who have
still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these
properties in the public records of Palm Beach County within 30 days of adoption of the
Resolution. Prior to sending the Resolution to the County for recording, the City Clerk
will send another letter to each property owner notifying them they have another 30
days to pay the invoice before the Resolution is sent for recording. An additional
administrative fee of $30 will be added to the assessment when the Resolution is sent
to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by
certified mail, a copy of the Resolution and another letter stating the unpaid balance
will accrue interest at a rate of 8% per annum.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This process allows us to place liens on the properties in order to
FI:
ISCAL MPACT
reimburse the City for the services that were provided when the nuisances were abated.
The alternative would be to not place liens on the properties and not
A:
LTERNATIVES
collect for the service provided.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES AGAINST
THE OWNERS OF THE PROPERTIES INVOLVED;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, a contract vendor was requested by Code Compliance to mow the lots,
remove vegetation and board up structures on the properties, described in Exhibit “A”; and
WHEREAS
, the owners of the parcel(s) of property hereinafter described were invoiced
by the Finance Department in an effort to recoup these costs with no response; and
WHEREAS,
said nuisance was not abated as required; and,
WHEREAS
, all of the property owners listed in the attached Exhibit “A” were sent
letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on
their property; and
WHEREAS
, the City Manager or his authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s) involved,
which is described in Exhibit “A” attached to this Resolution; and
WHEREAS,
upon passage of this Resolution, the property owners will be furnished with
a copy of this Resolution, and given one more opportunity to remit all costs associated with the
abatement in full within 30 days of the passage of the Resolution, before transmittal to the
County for recordation of Liens; and
Now, therefore, be it resolved by the city commission of the city of boynton beach,
Florida as follows:
Section 1: Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2: The amount of costs incurred by the City and the abatement of the above-
described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED COMPOSITE EXHIBIT “A”
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien. Liens
shall be of equal dignity with the taxes there from for the year 2012, and shall be
enforced and collected in like manner pursuant to applicable provisions of law. In
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the event collection proceedings are necessary, the property owner shall pay all
costs of the proceedings, including reasonable attorneys fees.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
_______________________________
Vice Mayor – Mack McCray
_______________________________
Commissioner –
_______________________________
Commissioner – Steven Holzman
ATTEST:
_______________________________
Commissioner – Marlene Ross
_____________________________
Janet M. Prainito, MMC
City Clerk
{Corporate Seal}
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6. B
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 "ANNUAL SUPPLY OF
EQUESTED CTION BY ITY OMMISSION
BRASS FITTINGS AND ACCESSORIES" Bid # 063-1412-12/MFD to the following seven (7)
companies: Ferguson, Fortiline Waterworks, HD Supply, Lehman Pipe, Mariflow, Municipal
Waterworks and Sunstate Metering on an overall basis, to the lowest, most responsive,
responsible bidders who met all specifications for an estimated annual amount of $52,000 and
will be purchased on an "As Needed Basis".
: SEPTEMBER7,2012–SEPTEMBER6,2013
CONTRACT PERIOD
ER:
On July 25, 2012, Procurement Services opened and
XPLANATION OF EQUEST
tabulated eight (8) bids for Brass Fittings and Accessories. All bids were reviewed by
the Warehouse Manager. It was determined to recommend this award in part to seven
.
(7) companiesThe recommended award is as follows:
Ferguson 3 items
Fortiline Waterworks 55 items
HD Supply 3 items (**)
Lehman Pipe 32 items *
Mariflow 15 items *
Municipal Waterworks 9 items * (**)
Sunstate Metering 19 items
Total 136 items
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* The following vendors have a minimum dollar amount per order. If we do not meet the
minimum, we will go with the second vendor (if they honor the price) or go out for
quotes.
Lehman Pipe $ 25.00 per order
Mariflow $250.00 per order
Municipal Waterworks $500.00 per order
** The following items have two (2) vendors with the lowest bid. At the time of the order
the vendor will be determined based upon then vendor providing the earliest delivery
date.
Items 123,124
The contract period is determined by the existing contract which is due to expire on
9/6/12. We selected 9/7/12 as the new contract date to prevent any overlapping.
The bid will be for the one year period of 9/7/12 to 9/6/13 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.
These items will be ordered, stored and tracked at the City’s warehouse and available
for all City departments to requisition when needed.
Last year’s expenditures totaled $40,452 and the previous year totaled $62,875.
PROGRAM IMPACT:
The purpose of this bid is to secure a source of supply for the
purchase of Brass Fittings and Accessories. These supplies will be ordered on an “AS
NEEDED BASIS” and stocked within the City’s Warehouse.
FI:ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCKANNUAL EXPENDITURE
502-0000-141-0100 $52,000
A:
Obtain quotes on an “as needed” basis which is not recommended as it
LTERNATIVES
would not be cost effective.
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO:
Tim Howard, Deputy Director of Financial Services
FROM:
Michael Dauta, Warehouse Manager
DATE:
August 2, 2012
SUBJECT:
Brass Bid # 063-1412-12/MFD
I reviewed the tabulation sheet sent from your office. My recommendation is a multi-award to
overall low vendor. The evaluating factor used was price.
Last year’s expenditures were $40,452.03. The previous year’s expenditures were $62,875.10.
This year’s expenditures will be an estimated $52,000.
Ferguson
Item(s) #
10,91,92
Fortiline Waterworks
Item(s) #
15,16,17,38,39,40,41,42,43,44,45,66,67,68A,68B,70,71,72,73,74,76,77,78,79,80,84,87,
88,94,95,96,97,98,99,100,101,102,103,104,105,106,108,109,110,111,112,113,114,115,
116,128,129,131,132,133
HD Supply
Item(s) #
123,124
93,
Lehman Pipe *
Item(s) #
1,2,3,4,5,6,7,8,9,11,12,13,31,32,33,34,35,36,37,46,52,53,54,55,56,57,58,59,60,65,82,83
Mariflow *
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Item(s) #
14,19,22,61,62,63,64,75,81,85,86,89,107,117,118
Municipal Waterworks *
Item(s) #
123,124,
119,120,121,122,125,126,127
Sunstate Metering
Item(s) #
18,20,21,23,24,25,26,27,28,29,30,47,48,49,50,51,69,90,130
The following items have two (2) vendors with the lowest 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.
There was a bid item number that repeated in the proposal, item # 68. Even though the number
repeated, it represents different items. To distinguish these items, I am placing a letter after the
number. They will be 68A and 68B.
* The following vendors have a minimum dollar amount per order. If we do not meet the
minimum, we will go with the second vendor (If they honor the price) or go out for quotes.
Lehman Pipe $25.00 per order
Mariflow $250.00 per order
Municipal Waterworks $500.00 per order
In addition, the following vendors included a discount of cost plus % for all items not listed on
the bid.
Ferguson 25%
Lehman Pipe 25%
Municipal Waterworks 44% for AY McDonald
Sunstate Metering 25%
US Construction 15%
The following vendor included a discount of cost plus for all items not listed in the bid.
HD Supply Cost plus 12%
CC: Barry Atwood, Director of Finance
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6. C
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 updated Library Long Range Plan for
EQUESTED CTION BY ITY OMMISSION
2012-2015.
ER:
The State requires that each year, the City Commission
XPLANATION OF EQUEST
formally approve the Library Long Range Plan in order to be eligible to apply for State
Aid Grants. This plan is a three-year rolling plan that is updated each year by Library
Administration and approved by City Commission.
H?
Approval will qualify the Library to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
apply for State Aid Grants. This plan does not commit the City to any additional
budgetary commitments other than what is addressed in the Technology section and is
already requested in the FY2012-2013 Budget Request.
FI:
State Aid Grants bring additional library resources to the community
ISCAL MPACT
(estimated at $63,012 for FY12-13). The Technology Plan expenses are all addressed
in existing budget request. No additional funds are included nor requested in this plan.
A:
Do not approve and eliminate the Library from the State Aid Grant
LTERNATIVES
Program.
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6. D
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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. R12-089 -
EQUESTED CTION BY ITY OMMISSION
Authorize application and execution of the agreement for Library State Aid To Public Libraries
Grant for FY2012-2013
ER:
The State requires that each year, the City Commission
XPLANATION OF EQUEST
authorize the Grant Application and Agreement for State Aid to Public Libraries. Final
grant award is based on FY2010-2011 City of Boynton Beach funds expended for
Library Services ($2,255,748). Final grant award, which is estimated to be $63,012, will
be announced in February 2013 and is based on State Legislature approval of State Aid
Fund allocation to libraries in the State of Florida.
H?
Approval will qualify the Library to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
receive a State Aid Grant which is an incentive program designed to encourage
communities to provide adequate local funding to support library service. These grant
funds will help purchase future library technology equipment.
FI:
State Aid Grants are operational grants that bring additional library
ISCAL MPACT
resources to the community. Grants formulas are based on local funds invested in
library service. The more local money spent on Library Services, the higher the grant
amounts.
A:
Do not approve and eliminate the Library from the State Aid Grant
LTERNATIVES
Program.
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RESOLUTION NO. R 12-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE THE
LIBRARY STATE AID GRANT APPLICATION AND
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND FLORIDA DEPARTMENT OF STATE,
DIVISION OF LIBRARY AND INFORMATION SERVICES
FOR THE FISCAL YEAR 2011-2012; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the State of Florida requires that the City of Boynton Beach authorize the
Grant Application and Agreement for Library State Aid each year; 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 authorize execution of the Library State Aid
Grant Application and Agreement with the Florida Department of State, Division of Library and
Information Services for the Fiscal Year 2012-2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve and authorize the Mayor to execute the Library State Aid Grant Application and
Agreement with Florida Department of State, Division of Library and Information Services for
the Fiscal Year 2012-2013, a copy of which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner –
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on August 21, 2012
The City Commission met on August 21, 2012 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 record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. F
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 resignation of Jeanne Heavilin, a
EQUESTED CTION BY ITY OMMISSION
regular member of the Special Events Ad Hoc Advisory Committee
ER:
Jeanne Heavilin has submitted her resignation as a regular
XPLANATION OF EQUEST
member of the Special Events Ad Hoc Advisory Committee.
H?
The Special Events Ad Hoc
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Committee will have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. G
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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. R12-090 -
EQUESTED CTION BY ITY OMMISSION
Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal
Board at their meeting on August 16, 2012 and; 1) Accept the 2012/2013 Wastewater and
Reclaim O&M Budget, 2) Authorize establishment of user rate (O&M at $0.9866/1,000 Gal and
R&R Reservers at $0.1940/1,000 Gal) to Delray Beach and Boynton Beach for fiscal year
2012/2013 at 1.1806/1,000 Gal, 3) Authorize establishment of the reclaim user rate at
$0.18643/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for
Fiscal year 2012/2013, 4) Accept the 2012/2013 Organizational Chart and Salary ranges, 5)
Authorize the approval of the second amendment to the Interlocal Government Agreement for
biosolids processing and recycling between the Solid Waste Authority and South Central
Regional Wastewater Treatment and Disposal Board. Amendment to closeout project increases
contract by the amount of $673,964 for a final contract amount of $7,370,799.
ER:
On August 16, 2012, the South Central Regional
XPLANATION OF EQUEST
Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At
that time, the Board took action on the items that are now before the City Commission
for ratification. This City Commission ratification is the confirmation process for the
action taken by the S.C.R.W.T.D. Board.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI
:
ISCAL MPACT
A:
Do not ratify the actions of South Central Regional Wastewater
LTERNATIVES
Treatment and Disposal Board.
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RESOLUTION NO. R12-_____
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD, ON AUGUST 16, 2012, AS STATED HEREIN;
AUTHORIZING AND DIRECTING THE INTERIM CITY
MANAGER AND CITY CLERK TO EXECUTE SAID
RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
The South Central Regional Wastewater Treatment & Disposal Board
(SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
August 16, 2012, as set forth in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission does hereby ratify the action taken by the South Central
Regional Wastewater Treatment & Disposal Board on August 16, 2012, as set forth on the attached
Exhibit “A” and authorizes the Interim City Manager and City Clerk to execute said Ratifications.
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED
this _____ day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
___________________________
Mayor – Woodrow L. Hay
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner –
ATTEST:
____________________________
Commissioner – Steven Holzman
_________________________ ____________________________
Janet M. Prainito, MMC Commissioner- Marlene Ross
City Clerk
(Corporate Seal)
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6. H
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 resignation of T. Brooke Spell, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Code Compliance Board
ER:
T. Brooke Spell has submitted his resignation as a regular
XPLANATION OF EQUEST
member of the Code Compliance Board due to work related issues.
H?
The Code Compliance Board will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. I
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 rejection of seven (7) proposals
EQUESTED CTION BY ITY OMMISSION
received by Procurement Services in response to the "RFP for a Three Year Contract for
Pharmacy Benefits Manager"; RFP No.: 061-1610-12/JMA.
ER:
On July 25, 2012, Procurement Services opened seven (7)
XPLANATION OF EQUEST
proposals in response to the Request for Proposal for a Three Year Contract for
Pharmacy Benefits Manager.
An Evaluation Committee was formed with the Director of Human Resources, the
Benefits Administrator, the Claims Administrator from Risk Management, and the City’s
Benefits Consultant, Willis of Florida. After reviewing all proposals, it is the
recommendation of the Evaluation Committee to reject all proposals and pursue
remaining with a fully insured plan that includes pharmacy benefits as being in the best
interest of the City.
H?
The City of Boynton Beach in an
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
effort to effect cost savings for benefits expense for City employees considered the
option of becoming “Self-Insured”. By issuing Requests for Proposals for a Pharmacy
Benefits Manager and a Third Party Administrator, staff would have the necessary
information to determine if becoming self-insured would be an option to contain group
insurance monthly medical premiums and costs. At this time the evaluation committee
does not feel that there would be an advantage to the City to change to a self-insured
plan. It is being recommended that The City of Boynton Beach remain with a fully
insured plan with the current insurance carrier.
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FI:
N/A
ISCAL MPACT
A:
To award this RFP to a proposer and thus separating the City’s
LTERNATIVES
Pharmacy plan and the City’s health insurance plan. Staff does not recommend this
alternative at this time and recommends keeping the pharmacy benefits included in the
fully insured health insurance plan.
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6. J
CONSENT AGENDA
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 rejection of six (6) proposals received
EQUESTED CTION BY ITY OMMISSION
by Procurement Services in response to the "RFP for a Three Year Contract with a Third Party
Administrator for the City of Boynton Beach Employee Medical Plan"; RFP No.: 060-1610-
12/TWH.
ER:
On July 25, 2012, Procurement Services opened six (6)
XPLANATION OF EQUEST
proposals in response to the Request for Proposal with a Third Party Administrator for
the City of Boynton Beach Employee Medical Plan.
An Evaluation Committee was formed with the Director of Human Resources, the
Benefits Administrator, the Claims Administrator from Risk Management, and the City’s
Benefits Consultant, Willis of Florida. After reviewing all proposals, it is the
recommendation of the Evaluation Committee to reject all proposals and pursue
remaining with a fully insured employee medical plan as being in the best interest of the
City.
H?
The City of Boynton Beach in an
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
effort to effect cost savings for benefits expense for City employees considered the
option of becoming “Self-Insured”. By issuing Requests for Proposals for a Pharmacy
Benefits Manager and a Third Party Administrator, staff would have the necessary
information to determine if becoming self-insured would be an option to contain group
insurance medical costs. At this time the evaluation committee does not feel that there
would be an advantage to the City to change to a self-insured plan. It is being
recommended that The City of Boynton Beach remain with a fully insured plan with the
current insurance carrier.
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FI:
N/A
ISCAL MPACT
A:
To award this RFP to a proposer and thus changing the City’s medical
LTERNATIVES
plan from a fully-insured to a self-insured plan. Staff does not recommend this
alternative at this time and recommends continuing with a fully insured health insurance
plan.
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7. A
BIDS AND PURCHASES OVER $100,000
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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. R12-091 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize execution of a Two Year Agreement between The Hartford and the City
of Boynton Beach for Life and Disability Insurance per the Request for Proposal for a "Two Year
Contract for Life and Disability Insurance Plans for the Employees of the City of Boynton Beach";
RFP No.: 053-1610-12/JMA.
AGREEMENTTERM:O1,2012S30,2014
CTOBER THROUGH EPTEMBER
ER:
On June 27, 2012, Procurement Services received and
XPLANATION OF EQUEST
opened four (4) proposals in response to the RFP for Life and Disability Insurance.
Three (3) proposals were for the Life Insurance and Disability Insurance, with one (1)
proposal quoting only Life Insurance. The Evaluation Committee was comprised of
Willis of Florida, the City’s Benefits Consultant; Julie Oldbury, Human Resources
Director; and Pat Sholos, Benefits Administrator. The Committee reviewed all
proposals and ranked them accordingly. The Evaluation Committee recommends
awarding this proposal to The Hartford Life and Accident Insurance Company as the
most responsive, responsible bidder. The RFP was for a two (2) year period beginning
October 1, 2012 and provides for three (3) one-year extensions subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City.
H?
The Hartford is the City’s current
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
insurance carrier for Group Basic Life and Accidental Death and Dismemberment
Insurance (AD&D), Group Optional Life and AD&D, Group Dependent Life Insurance,
and Group Long-Term Disability Insurance (LTD) plans for the City’s employees. In the
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current Fiscal Year (FY 11/12), the City realized a 5% reduction in the monthly
premiums over the previous Fiscal Year (FY 10/11) as approved by City Commission on
July 5, 2011 included in Resolution No. R11-071. The Hartford’s proposal is for the
rates to stay the same for the new two-year contract term (October 1, 2012 through
September 30, 2014).
FI:
Estimated City cost for FY12/13 is $135,000 and has been included in
ISCAL MPACT
the recommended FY12/13 budget. The proposed monthly premiums for FY 12/13 &
FY 13/14 are the same as the current fiscal year so the only fiscal impact would result
from the addition or reduction of employees. The annual cost for the Life and Disability
Insurance Plan for the current and previous fiscal years is as follow:
FY 2008/2009 $171,520.12
FY 2009/2010 $176,478.49
FY 2010/2011 $152,204.70
FY 2011/2012 $118,150.98 (thru August 2012)
A:
Not to approve this agreement and re-advertise the Request for
LTERNATIVES
Proposal, Staff recommends approval of this agreement.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING THE ONE
YEAR RENEWAL OF THE CONTRACT FOR LIFE AND
DISABILITY INSURANCE WITH HARTFORD LIFE AND
ACCIDENT INSURANCE COMPANY FROM OCTOBER 1,
2011 TO SEPTEMBER 30, 2012; AND PROVIDING AN
EFFECTIVE DATE
.
WHEREAS,
on June 27, 2012, Procurement Services received and opened four (4)
proposals in response to the RFP for Life and Disability Insurance; and
WHEREAS,
the Evaluation Committee reviewed all proposals and ranked them
accordingly and recommends awarding the proposal to The Harford Life and Accident Insurance
Company as the most responsive responsible proposer; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation
of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton
Beach to approve the Two Year Contract for Life and Disability Insurance with Hartford Life
and Accident Insurance Company from October 1, 2012 to September 30, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve the Provider Agreement for a Two Year Contract for Life and Disability
Insurance Plans for the Employees of the City of Boynton Beach with Hartford Life and
Accident Insurance Company from October 1, 2012 to September 30, 2014.
Section 3. The Interim City Manager is authorized to execute the Provider
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Agreement, a copy of which is attached hereto as Exhibit “A”.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner –
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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PROVIDER AGREEMENT
FOR A
“TWO YEAR CONTRACT FOR LIFE AND DISABILITY INSURANCE PLANS
FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY
as “the City”, and, hereinafter
referred to as “the Consultant or Company”, in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1.
SERVICES DESIGNATED. The Consultant is retained by the City to perform insurance
RFP FROM INSURANCE
carrier services in connection with the project designated
CARRIERS FOR A “TWO YEAR CONTRACT FOR LIFE AND DISABILITY INSURANCE
PLANS FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACHRFP No.: 053-
“ -
1610-12/JMA.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibits 1
& 2 attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Consultant to proceed. Consultant shall perform all
October 1,
services and provide all work product required during the agreement period of
2012 to September 30, 2014
unless an extension of such time is granted in writing by the
City. This AGREEMENT allows for three (3) additional one (1) year extensions at the same
terms, conditions, and agreeable prices subject to the Company acceptance, satisfactory
performance and determination that the renewal is in the best interest of the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Company shall be paid on a monthly basis,
determined by the number of full time employees in this program during this period.
b. The Company may submit invoices to the City once per month. Such invoices will be
checked by the City, and upon approval thereof, payment will be made to the Carrier in
the amount approved. The policies govern the insurance relationship between Supplier
and the City. Premium rates may be guaranteed for a certain period of time during the
term of the policies.
c. Final payment of any balance due the Company of the total premiums earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary
to complete the work.
e. The Company’s records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request and upon the
parties’ execution of a mutually agreeable audit confidentiality agreement, and once the
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Contractor has received signed authorizations from claimants and beneficiaries, if
confidential claim information is in scope for audit.
5. OWNERSHIP AND USE OF DOCUMENTS. The Company will own all records and its
Hartford customer information derived from insurance transactions and as required by
applicable law. Upon termination of the insurance contract and to the extent permitted by
applicable law, The Company will transfer to the new insurance carrier necessary records
and information not proprietary to The Company. The Company will work with The City to
establish a time frame for the orderly transfer of files to the new carrier. The Company shall
be permitted to retain copies, including reproducible copies, of drawings and specifications
for information, reference and use in connection with Company’s endeavors.
6. COMPLIANCE WITH LAWS. Company shall in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Company shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including reasonable attorneys fees and costs, arising from injury or
death to persons, including injuries, sickness, disease or death to Company’s own
employees, or damage to property occasioned by a negligent act, omission or failure of the
Company.
8. INSURANCE. The Company shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
per occurrence/aggregate for property damage, and professional liability insurance in the
amount of $1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Company and the City agree that the Company is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Company nor any employee of Company
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Company,
or any employee of Company.
10. COVENANT AGAINST CONTINGENT FEES. The Company warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Company, to solicit or secure this agreement, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Company, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this agreement. For
breach or violation of this warranty, the City shall have the right to annul this agreement
without liability or, in its discretion to deduct from the agreement price or consideration, or
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otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Company, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Company shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Company. Once in effect, the policy(ies) will terminate
according to their own termination provisions.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law. The parties shall attempt in good faith to resolve any dispute arising out of or
relating to this Agreement promptly by negotiation between representatives with the
authority to resolve such disputes. If the matter has not been resolved within thirty (30) days
of a party’s request for negotiation, either party may initiate non-binding mediation or file suit
in a court of competent jurisdiction.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Julie Oldbury , Human Resources Director
Notices to the Carrier shall be sent to the following address:
The Hartford
4830 West Kennedy Blvd
Tampa, FL 33609
Attn: Denise Clayton, Account Manager
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INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Company and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Company.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH:
_________________________________ __________________________________
City Manager Company
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
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EXHIBIT 1
PREMIUM QUOTATION BASIC & OPTIONAL LIFE
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EXHIBIT 2
PREMIUM QUOTATION LONG TERM DISABILITY (LTD) INSURANCE
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7. B
BIDS AND PURCHASES OVER $100,000
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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. R12-092 -
EQUESTED CTION BY ITY OMMISSION
Approve the piggy-back of the Martin County contract (RFB #2012-2540) with Aquifer
Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions,
specifications and pricing. Approve the execution by the City Manager of a cover Agreement
between the City and AMPS, Inc. The bid term is from July 23, 2012 to July 22, 2015, with
options for two one-year renewals. This contract will be utilized for well rehabilitation services on
an As-Needed Basis, with an estimated annual expenditure of $225,000.
BIDTERM:
J23,2012THROUGHJ22,2015
ULY ULY
ER:
The City of Boynton Beach currently piggybacks the
XPLANATION OF EQUEST
contract between the City of Lake Worth and AMPS which will expire on September 1,
2012. AMPS has performed its services satisfactorily. The Martin County contract was
awarded to AMPS following a competitive bid process and the services offered under
this contract meet the wellfield maintenance and rehab requirements of the City of
Boynton Beach. Martin County complied with Public Contract Bid requirements equal to or
exceeding the City of Boynton Beach's requirements.
H?
The City of Boynton Beach has 29
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
production wells and 2 Aquifer Storage and Recovery (ASR) wells. Production wells are
used to recover raw water from underground whereas ASR wells are used to inject
treated water underground during the rainy season and then reclaim that water during
the dry season or as needed. Well yield is affected by the age and physical condition of
the wells as well as the underground environment. A decrease in well yield results in a
decrease in raw water supply which, in turn, leads to less water being available for
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home and industrial use. To increase well yield, the wells may be rehabilitated; a
process that involves a combination of two or more of the following:
1. Removal and reinstallation of the pump, motor and well head.
2. Air lifting sand and other sediments from the well.
3. Chemical cleaning of the well by adding acid to kill bio-mass and other
organisms that may clog screens or porous rock structures underground.
4. Rebuilding or replacing of pumps and motors, if needed.
On average, about 10 wells are rehabbed each year and the same will hold true for the
coming year. The Utilities Department began utilizing AMPS, Inc. in January 2004 by
piggybacking its contract with the City of Palm Bay resulting in successful rehabilitation
of wells throughout the City of Boynton Beach at a significantly reduced cost. Thus,
good production has continued at efficient pumpage rates for home and industrial
consumers.
FI:
CIP Renewal and Replacement Account number: 403-5000-590-96-02
ISCAL MPACT
(WTR075), Wellfield Rehabilitation - $220,000 and 401-2811-536-46-50, Wells Repair
and Maintenance - $5,000.
Prior to 2004, fiscal year expenditure for well rehabilitation was approximately $500,000.
Utilizing AMPS, historical fiscal year expenditure has since been:
FY 05/06 - $265,000
FY 06/07 - $117,115
FY 07/08 - $206,809
FY 08/09 - $657,916
FY 09/10 - $227,759
FY 10/11 - $195,861
FY 11/12 - $78,509 to date
A:
The City of Boynton Beach could issue its own bid for these services
LTERNATIVES
but, the City benefits from bid pricing secured by a governmental agency offering a
larger scope of work.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE “PIGGY-BACK” OF A MARTIN COUNTY
CONTRACTRFB #2012-2540 WITH AQUIFER
MAINTENANCE AND PERFORMANCE SYSTEMS,
INC., OF WEST PALM BEACH, FLORIDA, FOR WELL
REHABILITATION SERVICES ON AN AS-NEEDED
BASIS WITH AN ESTIMATED ANNUAL ESTIMATED
ANNUAL EXPENDITURE OF $225,000; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
City staff has confirmed that the Martin County has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s
requirements; and
WHEREAS,
upon recommendation of staff, it is the City’s desire to “piggy-back” a
Martin County Contract RFB #2012-2540 with Aquifer Maintenance and Performance
Systems, Inc., of West Palm Beach, Florida for well rehabilitation on an as-needed basis for
an estimated expenditure of $225,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the “piggy-back” of a Martin County Contract RFB #2012-2540 with Aquifer
Maintenance and Performance Systems, Inc., for well rehabilitation on an as-needed basis in
an estimated annual amount of $225,000.
Section 3. The Mayor and City Clerk are authorized to execute a Contract for
Well Rehabilitation Services, a copy of which is attached hereto as Exhibit “A”.
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Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Woodrow L. Hay
___________________________________
Vice Mayor – Mack McCray
___________________________________
Commissioner –
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONTRACT FOR WELL REHABILITATION SERVICES
This Agreement is made as of this ____ day of __________, 2012 by and between
AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC., a Florida Corporation,
with offices at 7146 Haverhill Road N., West Palm Beach, Florida 33402 (“AMPS”), and THE
CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East
Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”).
RECITALS
WHEREAS,
The City of Boynton Beach has 29 production wells and 2 Aquifer Storage
and Recovery wells; and
WHEREAS,
ongoing maintenance of the wells aids in achieving good well yields.
Maintenance may include rebuilding or replacing relief and check valves, line cleaning or
relining of pipe and calibration, repair or replacement of flow meters; and
WHEREAS
, AMPS, submitted a proposal dated August 14, 2012 to the City to provide
well rehabilitation services at prices based on Martin County contract #RFB2012-2540; and
WHEREAS,
The City would like to piggy-back the Martin County contract under the
same terms and conditions for an estimated annual expenditure of $225,000.
NOW THEREFORE
, in consideration of the mutual covenants contained herein, and
for other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in
this Agreement.
Section 2. The City and AMPS agree that AMPS shall provide well rehabilitation
services for an estimated annual expenditure of $225,000 at prices based on Martin County
contract RFB #2012-2540, a copy of which is attached hereto as Exhibit “A”, except as
hereinafter provided:
A. All references to the Martin County shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
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Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
Section 3. In the event that the Martin County Contract is amended, or terminated,
AMPS shall notify the City within ten (10) days. In the event the Martin County Contract is
amended or terminated prior to its expiration, this Contract shall remain in full force and effect,
and not be deemed amended or terminated, until specifically amended or terminated by the
parties hereto.
Section 4. AMPS agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains
a term or condition, including fees, charges or costs, which the City determines to be more
favorable than the terms in this Contract, the parties shall enter into an Addendum to provide
those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name
the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Martin County
Contract are hereby ratified and shall remain in full force and effect under this Contract, as
provided by their terms.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the
day and year first written above.
CITY OF BOYNTON BEACH,FLORIDA
ATTEST:
By:_________________________________
___________________________________ Woodrow L. Hay, Mayor
City Clerk
APPROVED AS TO FORM:
___________________________________
James A. Cherof, City Attorney
AQUIFER MAINTENANCE AND
PERFORMANCE SYSTEMS, INC.
WITNESSES:
____________________________________ BY:_________________________________
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Print Name:
____________________________________ Title: _________________________
ATTEST:
____________________________________
SECRETARY
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EXHIBIT A
AGREEMENT BETWEEN MARTIN COUNTY
AND AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC.
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7. C
BIDS AND PURCHASES OVER $100,000
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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 "ANNUAL SUPPLY OF
EQUESTED CTION BY ITY OMMISSION
PIPE FITTINGS AND ACCESSORIES" Bid # 062-1412-12/MFD to the following seven (7)
companies: Corcel Corp, Ferguson, Fortiline Waterworks, HD Supply Waterworks, Lehman Pipe
and Plumbing Supply, Mariflow and US Construction on an overall basis, as the lowest, most
responsive, responsible bidders who met all specifications for an estimated annual amount of
$142,000 and will be purchased on an "As Needed Basis".
: S5,2012–S4,2013
CONTRACT PERIODEPTEMBER EPTEMBER
ER:
On July 24, 2012, Procurement Services opened and
XPLANATION OF EQUEST
tabulated seven (7) 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
.
seven (7) companiesThe recommended award is as follows:
Corcel Corp 11 items
Ferguson 36 items
Fortiline Waterworks 66 items *
HD Supply Waterworks 60 items
Lehman Pipe and Plumbing Supply 82 items **
Mariflow 145 items **
US Construction 4 items * (**)
No bid / Go out for quotes 1 item .
Total 405 items
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* There was one (1) item that had two vendors with the lowest bid. We will determine
from which vendor to purchase these items at the time of the order. Because the prices
are the same, delivery time will be used as the deciding factor. The item number is 121.
** There are two (2) vendors that have a minimum dollar amount per order. If we do not
meet the minimum, we will go with the second vendor (if they honor the price) or go out
for quotes.
Lehman Pipe $ 25.00 per order
Mariflow $250.00 per order
US Construction $100.00 per order
The bid will be for the one year period of 9/5/12 to 9/4/13 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.
These items will be ordered, stored, and tracked at the City’s warehouse and available
for all City departments to requisition when needed.
Last year’s expenditures totaled $118,459 and the previous year totaled $164,617.
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.
FI:ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCKANNUAL EXPENDITURE
502-0000-141-0100 $142,000
A:
Obtain quotes on an “as needed” basis which is not recommended as it
LTERNATIVES
would not be cost effective.
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO:
Tim Howard, Deputy Director of Financial Services
FROM:
Michael Dauta, Warehouse Manager
DATE:
August 2, 2012
SUBJECT:
Pipe Fittings Bid # 062-1412-12/MFD
I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The
evaluating factor used was price.
Last year’s expenditures were $118,459.00. The previous year was $164,617.25. This year’s
expenditures will be an estimated $142,000.
Corcel Corp
Item(s) #
15,179,183,185,187,211,212,315,316,317,393
Ferguson
Item(s) #
1,2,3,18,90,91,92,93,94,95,96,97,101,102,105,108,109,110,125,126,136,137,138,139,141
142,143,144,149,150,194,254,271,273,308B,321
Fortiline Waterworks
Item(s) #
19,20,21,22,23,25,26,27,28,29,30,31,32,33,34,35,36,37,38,51,53,58,65,67A,74,76,77,78,79,80,8
121
1,82,83,84,85,86,87,88,89,103,,148,217,218,225,228,232,233,238,239,240,
241,243,246,247,249,251,252,255,258,259,260,261,268,274,275
HD Supply
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Item(s) #
4,5,6,7,8,9,10,11,98,99,100,104,106,107,119,134,135,140,152,155,165,166,184,198,205,226,234
,248,256,257,264,265,266,267,280,281,282,283,284A,284B,285,286,287,288,
289,290,291,292,293,294,295,309,310,311,312,313,314,318,319,320A
Lehman Pipe *
Item(s) #
24,213,269,270,272,322,323,324,325,326,327,328,329,330,331,332A,332B,333,334,335,336,337
,338,339,340,341,342,343,344A,344B,345,346,347,348,349,350,351,352,353,
354,355,356A,356B,357,358,359,360,361,362,363,364,365,366,367,368A,368B,369,370
371,372,373,374,375,376,377,378,379,380A,380B,381,382,383,384,385,386,387,388,
389,390,391,392A,392B
Mariflow *
Item(s) #
12,13,14,16,17,39,40,41,42,43,44,45,46,47,48,49,50,52,54,55,56,57,59,60,61,62,63,64,6667B,68
,69,70,71,72,73,75,111,112,113,114,115,116,117,118,120,127,128,129,130,131,
132,133,145,146,147,151,153,154,156,157,158,159,160,161,162,163,164,167,168,169,
170,171,172,173,174,175,176,177,178,180,181,182,186,188,189,190,191,192,193,195,
196,197,199,200,201,202,203,204,206,207,208,209,210,214,215,216,219,220,221,222,
223,224,227,229,230,231,235,236,237,242,244,245,250,253,262,263,276,277,278,279,
296A,296B,297,298,299,300,301,302,303,304,305,306,307,308A
US Construction *
Item(s) #
121
,122,123,124
No Bid (We will go out for quotes)
Item(s) #
320B
The following item has two (2) vendors with the lowest bid. We will determine where to get
the item from at the time of the order. It will mainly depend on who can get it to us the
quickest.
Item(s) # 121
There were several bid item numbers that repeated in the proposal. Even though the numbers
repeated, they represented different items. To distinguish these items, I am placing a letter after
the number. Example 67A and 67B.
* The following vendors have a minimum dollar amount per order. If we do not meet the
minimum, we will go with the second vendor (If they honor the price) or go out for quotes.
Lehman Pipe $25.00 per order
Mariflow $250 per order
US Construction $100 per order
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In addition, the following vendors included a discount of % off list for all items not listed on the
bid.
Corcel Corp. 5%
Ferguson 25%
Lehman Pipe 25%
US Construction 15%
The following vendor included a discount of cost plus for all items not listed on the bid.
HD Supply Cost plus 12%
CC: Barry Atwood, Director of Finance
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7. D
BIDS AND PURCHASES OVER $100,000
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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:
Award the Bid for "TWO YEAR CONTRACT FOR
EQUESTED CTION BY ITY OMMISSION
LANDSCAPE MAINTENANCE" Bid #048-2730-12/JMA to BTS Land Services, The Brickman
Group, First Genesis Lawn, Girard Environmental Services, BG Katz Property Maintenance,
Latona View Lawn Care, Novo Arbor, Superior Landscaping, and Vincent & Sons Landscaping.
The FY 2012/13 total award amount to all contractors is $657,818.80.
: O1,2012S30,2014
BID AWARD PERIODCTOBER TO EPTEMBER
ER:
On June 26, 2012, Procurement Services opened twelve (12)
XPLANATION OF EQUEST
proposals from landscaping contractors. All bids were reviewed and calculated by the Facilities
Management Supervisor. One bid was determined non-responsive since no prices were
included in the bid package. The Public Works Department recommends a multi-award to
lowest, most responsive, responsible bidders who met all specifications up to their bonding
capacity. A complete list of bid pricing from vendors will be available on the dais for review if
requested.
H?
The purpose of this bid is to secure
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the best, most economical contractual landscaping services for various parks, building grounds,
lots, alley ways, medians/right-of-ways (ROW), Utility sites, the CRA, and the Nuisance
Abatement Program for a period of two (2) years at the following frequencies with provisions in
the bid to allow for three (3) one (1) year extensions based on vendor acceptance, satisfactory
performance, and in the best interest of the City.
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TYPE OF SERVICE AREAS ANNUAL SERVICES
Basic Maintenance Parks & Facility Sites, 39
Medians/ROWs, CRA & Utilities
Basic Maintenance Future Park Sites, Alley Ways & 12
Lots
Additional Litter CRA 5 days a week
Pruning & Hedge/Shrub Maintenance Parks & Facility Sites, 10
Medians/ROWs, CRA & Utilities
Pruning & Hedge/Shrub Maintenance Alleyways 4
Irrigation Checks All sites with irrigation 18
Mulching All contracted sites with mulch 0
Fertilization Parks & Facility Sites, 2
Medians/ROWs, CRA & Utilities
Pest Control All sites As needed.
Arborist Services Limited Parks & Facility Sites, 1
Future Park Sites, Alley Ways,
CRA & Utilities
Nuisance Abatement – Additional Services Properties within the City limits As directed by Code
Compliance
FI:
ISCAL MPACT
AWARD TOTALS BY VENDOR
BTS Land Services $1,200.00
The Brickman Group 61,385.50
Enviroscapes Plus $0
First Genesis Lawn Service $45,005.00
Four Seasons $0
Girard Environmental Services $13,585.30
BG Katz Property Maintenance $433,629.00
Latona View Lawn Care* $30,000.00
Novo Arbor* $45,000.00
Superior Landscaping $3,020.00
Vincent & Sons Landscaping $24,994.00
TOTAL 657,818.80
*Nuisance Abatement dollars for Arbor Services & Lot Maintenance based on the low bidder from
Additional Services.
AWARD TOTALS BY ACCOUNT NUMBER
Budgeted Award Amount
Amount
001-2730-572-46.98 / Parks & Grounds $483,000.00 $472,860.80
401-2811-536-46.98 / Water Plants & Storage Tanks $42,444.00 $42,333.00
401-2816-536-46.98 / Lift Stations $63,396.00 $35,698.00
401-2824-536-46.98 / Drainage & Retention Areas $30,705.00 $15,608.00
001-2730-572-46.98 / Parks & Grounds - Former CRA financial $72,000.00 $16,319.00
responsibility – Boynton Beach Blvd Extension
401-2515-534-49.17 / Nuisance Abatement $75,000.00 $75,000.00
TOTAL $766,545.00 $657,818.80
A:
Costs associated with these services can be adjusted by reducing service
LTERNATIVES
frequencies or by eliminating landscaped maintained areas.
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7. E
BIDS AND PURCHASES OVER $100,000
September 4, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 4, 2012
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. R12-093 -
EQUESTED CTION BY ITY OMMISSION
Approve a one-year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL
CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA
Healthcare for the plan year October 1, 2012 through September 30, 2013 as provided under the
Terms of the contract with CIGNA and the City of Boynton Beach.
PROVIDERAGREEMENTPERIOD:OCTOBER1,2012THROUGHSEPTEMBER30,2013
ER:
A Request for Proposal (RFP) 046-1610-10/CJD was issued
XPLANATION OF EQUEST
for Group Benefits Medical Claims Administration (TPA) Services - a Fully Insured
Medical Plan by Procurement Services. The Proposals were opened on June 2, 2010
with five healthcare companies responding to this RFP. The City’s Human Resources
staff (Review Committee) ranked the proposals based on criteria stated in the RFP.
CIGNA received the highest ranking with a score of 95 out of a possible 100 points.
The City’s Insurance Committee, a cross functional team with representation from the
Unions and general employees met to review the proposals. The Insurance Committee
and the Review Committee recommended awarding the medical insurance agreement
for the period October 1, 2010 through September 30, 2011 to CIGNA Healthcare as
the most responsive, beneficial healthcare plan. On July 20, 2010, Commission
approved Resolution No. R10-094 authorizing the City Manager and City Clerk to
execute the Provider Agreement with CIGNA Healthcare.
Under the Term of the Provider Agreement, the City has the option to extend for three
additional one-year periods. On July 5, 2011 the City Commission approved Resolution
No. R11-072 approved a one-year the extension for the period October 1, 2011 through
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September 30, 2012. The City issued RFP No. 061-1610-12/JMA to evaluate the
possibility of moving towards a self-insured group medical plan. After reviewing the
proposals the Evaluation Committee recommended that the City continue with a fully
insured group medical plan. The City requested a quote from CIGNA, the current health
insurance carrier, for year two extension for the period October 1, 2012 through
September 30, 2013.
CIGNA Healthcare has provided a renewal quote that keeps the plan benefit the same
but increases the monthly premium by approximately 14.9%. (Attached Proposal
#910117.)
The impact on the monthly rates would be:
Current Renewal Increase
Employee $575.15 $660.85 14.90%
Employee + Spouse $1,115.80 $1,282.05 14.90%
Employee + Children $1,035.28 $1,189.54 14.90%
Employee + Family $1,282.59 $1,473.70 14.90%
This offer was a result of discussions with Willis of Florida (the City’s Benefits
Consultants) and reviewing the City’s claims experience and various factors that are
utilized to determine a plan’s rate structure. After reviewing the City’s claims experience
and CIGNA’s renewal offer, it was the opinion of Willis that it would be to the City’s
benefit to accept CIGNA’s renewal offer instead of changing to a self insured plan for
the plan year October 1, 2012 thru September 30, 2013.
The annual expenses for the Health Insurance Plan for the current and previous fiscal
years are as follows:
FY 2008/2009 $5,063,650.27
FY 2009/2010 $4,731,949.85
FY 2010/2011 $5,290,202.68
FY 2011/2012(to date) $4,534,212.34
H?
An extension of the current
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Provider Agreement for healthcare services will provide continued health coverage for
City employees and dependents.
FI:
Estimated City expense for Health Insurance premiums for FY 2012-
ISCAL MPACT
2013 will see an increase of 14.9% compared to the current amount in Fiscal Year
2011-2012. This increase has been taken into account in the FY2012-2013 proposed
budget.
A:
Do not extend current agreement and issue new RFP for Health
LTERNATIVES
Insurance program for the upcoming year.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING A ONE
YEAR EXTENSION OF A PROVIDER AGREEMENT FOR
RFP #046-1610-10/CJD “GROUP BENEFITS: MEDICAL
CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR
FULLY INSURED PLANS” WITH CIGNA CORPORATION,
FOR MEDICAL INSURANCE FROM OCTOBER 1, 2012
THROUGH SEPTEMBER 30, 2013; AUTHORIZING THE
INTERIM CITY MANAGER AND CITY CLERK TO
EXECUTE THE PROVIDER AGREEMENT AND
PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, on July 20, 2010, the City Commission of the City of Boynton Beach
approved the award of a Provider Agreement to CIGNA HealthCare for Group Benefits Medical
Claims Administration Services and/or Fully Insured Plan for the one year term from October 1,
2010 to September 30, 2011; and
WHEREAS,
the Provider Agreement had the option to extend the Agreement for three
additional one-year periods; and
WHEREAS
, this extension is the second of the three additional one-year periods to
extend; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation
of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton
Beach to approve the one year extension of a Provider Agreement with CIGNA HealthCare for
the medical insurance plan for a term commencing October 1, 2012 to September 30, 2013, for
all city employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
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hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve a one year extension of the Provider Agreement to CIGNA HealthCare for the medical
insurance plan for a one year term commencing October 1, 2012 to September 30, 2013 with one
additional one year renewal, for all city employees, a copy of which is attached hereto as Exhibit
“A”.
Section 3. The Interim City Manager and City Clerk are authorized to execute the
Provider Agreement with CIGNA HealthCare.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of September, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner –
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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PROVIDER AGREEMENT FOR
“GROUP BENEFITS: MEDICAL COVERAGE FULLY INSURED PLAN”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
_CIGNA HealthCare________________
as “the City”, and , hereinafter referred to as “the
Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified.
17.PROVIDER
PROJECT DESIGNATION. The Provider is retained by the City to perform
services in connection with the project designated.
18.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A”
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. Also to incorporate information outlined in Proposal
#910117 included in Exhibit “A”. No additional modifications other than those described in
the Proposal #910117 letter will be made to the original scope of work without the written
approval of the City Manager or his designee.
19.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Provider to proceed. Provider shall perform all services
and provide all work product required pursuant to this agreement.
20.TERM: October 1, 2012 through September 30, 2013 with one (1) additional one (1) year
renewals.
21.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for
services rendered under this agreement as follows:
Monthly basis per eligible employee and dependent for medical coverage invoiced by
Provider.
22.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
23.INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Provider’s own employees, or damage to
property occasioned by a negligent act, omission or failure of the Provider.
24.INSURANCE. The Provider shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
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Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
25.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Provider nor any employee of Provider shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Provider, or any
employee of Provider.
26.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Provider, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
27.DISCRIMINATION PROHIBITED. The Provider, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of
race, color, national origin, religion, creed, age, sex or the presence of any
physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
12 ASSIGNMENT. The Provider shall not sublet or assign any of the services
covered by this Agreement without the express consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this Agreement or any
time
limitation provided for in this Agreement shall not constitute a waiver of any
other provision.
14. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by
giving ten
(10) days written notice to the Provider.
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b..In the event of the death of a member, partner or officer of the Provider, or any of its
supervisory personnel assigned to the project, the surviving members of the Provider
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Provider and the City, if the City so chooses.
15. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to
a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall
be construed under Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
ATTN: Patricia Sholos
Notices to Provider shall be sent to the following address:
CIGNA HealthCare
1571 Sawgrass Corporate Parkway
Suite 140
Sunrise, FL 33323
ATTN: Tina Velez
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Provider and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Provider.
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DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
Interim City Manager Provider
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
Rev. 1/22/91
“EXHIBIT A”
SCOPE OF SERVICES
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11. A
UNFINISHED BUSINESS
September 4, 2012
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ETTLEMENTS
RACC:
District I Vacancy - Discussion of Letters of Interest
EQUESTED CTION BY ITY OMMISSION
ER:
Due to William Orlove’s resignation on July 11, 2012, the
XPLANATION OF EQUEST
City Commission declared a vacancy for the District 1 Commission seat at its July 17,
2012 Commission meeting. The Commission voted to accept Letters of Interest from
qualified residents. As of this date, four letters have been received (attached). If any
additional letters are submitted they will be distributed to the Commission and a hard
copy will be placed on the dais.
Section 20 of the City Charter provides: “In the event of a vacancy occurring in the
members of the City Commission, except at the close of a regular term, it shall be the
duty of the remaining members at the next regular meeting, or as soon thereafter as
possible, following the declaration of such vacancy, to appoint a duly qualified citizen to
fill said vacancy until the next municipal election, at which time the balance of the
original members term shall be filled by election. In no event shall an appointment or
election alter the term of the district seat. Municipal election shall mean the election
held of the first Tuesday in November (needs to be corrected to March) of the calendar
year. If a majority of said remaining members are unable to agree upon the selection of
a Commissioner to fill said vacancy after two (2) regular meetings have been held, the
City Commission shall call a special election for that purpose.”
H?
n/a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
n/a
ISCAL MPACT
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A:
n/a
LTERNATIVES
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13. A
LEGAL
September 4, 2012
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RACC:
PROPOSED ORDINANCE NO 12-014 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - Approve amendments to the Land Development Regulations pursuant to
Section 509.233 Florida Statutes, to allow for the exemption from that portion of State Law and
the U.S. Food and Drug Administration’s Food Code that prohibit dogs on the premises of a food
establishment, and to establish a permit system and operational rules. Applicant: City Initiated.
ER:
Many years ago the State of Florida adopted the “Food
XPLANATION OF EQUEST
Code” of the U.S. Food and Drug Administration, which is a model of regulating
standards intended to assist states and other jurisdictions with food control
responsibility to, in part, provide them with a uniform technical and legal basis for
regulating the retail and food service segment of the industry (i.e. restaurants, grocery
stores, institutions such as nursing homes, etc.). One of the many standards or
regulations of the Food Code is the prohibition of live animals (i.e. pets) from property of
a food establishment. State statutes also include a local exemption procedure
applicable to certain provisions of this model Food Code.
Driven by the popularity of bringing a household pet to the outdoor dining area of a
restaurant, the Florida Legislature in 2006 adopted a 3-year pilot program initiated by
the “Dixie Cup Clary Local Control Act”, which enabled local governments to allow
restaurant patrons to bring pets to certain designated outdoor portions of public food
serving establishments. In 2009 the act (which became Florida Statute 509.233), was
amended to remove the three-year pilot language making it a permanent provision in
State Law.
To allow for the presence of patrons’ dogs at local food establishments, and achieve the
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exemption from Florida Statutes and the Food Code as described in FS 509.233, the
local government must adopt an ordinance for codification within the City’s land
development code, establish a permitting procedure with minimum submittal
requirements as stated in FS 509.233(3), and adopt standards that at least reflect the
standards of FS 509.233(3)(c). Such standards address topics such as the practice and
posting of sanitary rules; clean-up procedures and availability of cleaning materials;
leash rules; and the prevention of contact of the dogs with any serving dishes, linens,
utensils, etc.
It should also be noted that such a permit does not “run with land”. State law requires
that a new owner of a restaurant with an existing permit must re-apply and obtain a new
permit prior to allowing patrons to bring dogs to subject restaurant.
With respect to process, staff envisions a very simple and no-fee application process,
which in most cases could be combined with the existing applications for a sidewalk
café permit, Certificate of Use, or Business Tax Receipt. The application fees for these
permits could be increased in the future if necessary to cover any increase in staff
review time attributed to the subject review.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
With the exception of minor processing fees, the direct fiscal benefit to
ISCAL MPACT
the City is negligible.
A:
Not approve subject code amendment thereby preventing local
LTERNATIVES
restaurants from accommodating dogs at outdoor seating areas.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Dogs at outdoor searing areas\Agenda Cover Sheet - 082012 - Public Hearing & First
Reading.doc
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ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY
ADDING SUBSECTION B OF CHAPTER 2, ARTICLE V, SECTION 2, ENTITLED
“DOGS IN OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE
ESTABLISHMENTS”; AMENDING CHAPTER 3, ARTICLE V, BY CREATING A
NEW SECTION 14, PURSUANT TO THE DIXIE CUP CLARY CONTROL ACT,
FLORIDA STATUTE 509.233 PERMITTING DOGS TO BE IN CERTAIN PUBLIC
FOOD SERVICE ESTABLISHMENTS WHICH HAVE RECEIVED A PERMIT;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS,
the City Commission finds it to be in the best interest of the citizens and
residents of the City of Boynton Beach to amend the Land Development Regulations “LDR”,
pursuant to the Dixie Cup Clary Control Act, Florida Statute 509.233 which permits dogs to be in
certain public food service establishments which have received a permit.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 2, Article V, Section 2, of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
PART III (LDR), CHAPTER 2, ARTICLE V, SECTION 2.
Section 2. Business Tax Receipt.
A. Generally.
A business tax receipt is required prior to engaging
in or managing any business, profession, or occupation within the City. It
shall be unlawful for any person to engage in any non-exempt business,
profession, or occupation without first obtaining a business tax receipt in
accordance with Part II City Code of Ordinances, Chapter 13 Licenses.
B.Dogs in Outdoor Portions of Public Food Service
Establishments.
1.General.
a. Purpose and Intent.
The purpose of this
subsection is to set forth uniform procedures, a well-
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defined application process, and information that shall be
included in applications to allow dogs within outdoor
public food service establishments.
b. Applicability.
This process shall be required
of any public food service establishment desiring to allow
patrons’ dogs within qualified seating areas in accordance
with Chapter 3, Article V, Section 13.
2. Submittal Requirements.
Public food service
establishments must apply for and receive a permit from the
Development Department before patrons' dogs are allowed on the
premises. The application for a permit shall require such
information from the applicant as is deemed reasonably necessary
to enforce the provisions of this section, but shall require, at a
minimum, the following information:
a. Information.
(1)Name, location, mailing address and
division issued license number of the public food
service establishment.
(2) Name, mailing address, and telephone
contact information of the permit applicant.
b. Diagram.
A diagram and description of the
outdoor area which is requested to be designated as
available to patrons' dogs, including dimensions of the
designated area; a depiction of the number and placement
of tables, chairs, and restaurant equipment, if any; the
entryways and exits to the designated outdoor area; the
boundaries of the designated area and of the other outdoor
dining areas not available for patrons' dogs; any fences or
other barriers; surrounding property lines and public rights-
of-way, including sidewalks and common pathways; and
such other information as is deemed necessary by the city.
No more than 30% of the outdoor food service portion of
the food establishment shall be designated as a service area
where dogs are permitted.
The diagram shall be accurate and to scale but need not be
prepared by a licensed design professional. A copy of the
approved diagram shall be attached to the permit.
c. Hours of Operation.
A description of the days of
the week and hours of operation that patrons' dogs will be
permitted in the designated outdoor area.
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3. Review Criteria.
The review criteria for this
application shall be in accordance with the standards of Chapter 3,
Article V, Section 13.
4.Approval Process.
Applications shall be reviewed by
staff and action will be taken by the appropriate administrative
official within 30 days of the application.
5. Expiration.
A permit issued pursuant to this section shall
expire automatically upon the sale of the public food service
establishment and cannot be transferred to a subsequent owner.
The subsequent owner may apply for a permit pursuant to this
section if the subsequent owner wishes to continue to allow
patrons' dogs in a designated outdoor area of the public food
service establishment.
6. Revocation.
a.
A permit may be revoked by the city if, after notice
and reasonable time in which the grounds for revocation
may be corrected, the public food service establishment
fails to comply with any condition of approval, fails to
comply with the approved diagram, fails to maintain any
required state or local license, or is found to be in violation
of any provision of this section. If the ground for
revocation is a failure to maintain any required state or
local license, the revocation may take effect immediately
upon giving notice of revocation to the permit holder.
b.
If a public food service establishment's permit is
revoked, no new permit may be approved for the
establishment until the expiration of 90 days following the
date of revocation, providing that all issues causing the
revocation have been satisfied. This includes any
outstanding fines.
7. Complaints and Reporting.
a.
Complaints may be made in writing to the Code
Compliance Division of the Police Department who shall
accept, document, and respond to all complaints and shall
timely report to the division all complaints and the response
to such complaints.
b.
The patron or the designated person in charge of the
public food service establishment, or both, may be issued
civil citations for each violation of this ordinance.
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Section 3. Chapter 3, Article V, Section 14, of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
PART III (LDR), CHAPTER 3, ARTICLE V, SECTION 14
Section 14. Dogs in Outdoor Portions of Public Food Service
Establishments.
A. General.
1. Purpose and Intent.
The Dixie Cup Clary Local Control
Act grants the city the authority to provide exemptions from
Florida regulations governing food service establishments. The
purpose of this section is to allow dogs in outdoor portions of
public food service establishments in a manner consistent with
state law. The procedure adopted pursuant to this section provides
an exemption, for those public food service establishments which
have applied for and received a permit, to those sections of the
Food and Drug Administration Food Code that prohibit live
animals in public food service establishments.
2. Terms and Definitions.
As used in this section,
"public food service establishments" shall mean eating and
drinking establishments, restaurants, and sidewalk cafes as defined
by the City Code. "Employee" or "employees" shall include, but is
not limited to, the owner or owners of the public food service
establishment.
B. City Approval Required.
No dog shall be in a public food
service establishment unless allowed by state law and the public food
service establishment has received and maintains an unexpired and valid
permit pursuant to Chapter 2, Article V, Section 2 allowing dogs in
designated outdoor areas of the establishment.
C. Standards.
Public food service establishments that receive a
permit for a designated outdoor area pursuant to this section shall require
that:
1.
Employees shall wash their hands promptly after touching,
petting, or otherwise handling any dog(s) and shall wash their
hands before entering other parts of the public food service
establishment from the designated outdoor area.
2.
Employees are prohibited from touching, petting or
otherwise handling any dog while serving or carrying food or
beverages or while handling or carrying tableware.
3.
Patrons in a designated outdoor area shall be advised by
appropriate signage, at conspicuous locations, that they should
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wash their hands before eating. Waterless hand sanitizer shall be
provided at all tables in the designated outdoor area.
4.
Patrons shall keep their dogs on a leash at all times and
shall keep their dogs under reasonable control.
5.
Employees and patrons shall not allow dogs to come into
contact with serving dishes, utensils, tableware, linens, paper
products, or any other items involved with food service operations.
6.
Employees and patrons shall not allow any part of a dog to
be on chairs, tables, or other furnishings. Dogs must remain on the
floor/ground level and shall not be permitted in the lap of the
patron.
7.
Employees shall clean and sanitize all table and chair
surfaces with an approved product between seating of patrons.
8.
Employees shall remove all dropped food and spilled drink
from the floor or ground as soon as possible but in no event less
frequently than between seating of patrons at the nearest table.
9.
Employees and patrons shall remove all dog waste
immediately and the floor or ground shall be immediately cleaned
and sanitized with an approved product. Employees shall keep a kit
with the appropriate materials for this purpose near the designated
outdoor area.
10.
Employees and patrons shall not permit dogs to be in, or to
travel through, indoor or nondesignated outdoor portions of the
public food service establishment.
11.
A sign or signs notifying the public that the designated
outdoor area is available for the use of patrons and patrons' dogs
shall be posted in a conspicuous manner that places the public on
notice.
12.
A sign or signs informing patrons of these laws shall be
posted on premises in a conspicuous manner and place as
determined by the city.
13.
A sign or signs informing employees of these laws shall be
posted on the premises in a conspicuous manner and place as
determined by the city.
14.
Ingress and egress to the designated outdoor area shall not
require entrance into or passage through any indoor area or
nondesignated outdoor portions of the public food service
establishment.
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15.
The public food service establishment and designated
outdoor area shall comply with all permit conditions and the
approved diagram.
16
. Employees and patrons shall not allow any dog to be in the
designated outdoor areas of the public food service establishment
if the public food service establishment is in violation of any of the
requirements of this section, or if they do not possess a valid
permit.
17.
Permits shall be conspicuously displayed in the designated
outdoor area.
18.
It shall be unlawful to fail to comply with any of the
requirements of this section. Each instance of a dog on the
premises of a public food service establishment without a permit is
a separate violation. Each violation of any of the requirements of
this section is considered a separate violation.
19.
All dogs shall wear a current license tag or rabies tag.
Section 15. Penalties.
14.
The City or any other legal authority shall enforce any violation of this article
pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of
these Land Development Regulations.
Section 4. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
st
FIRST READING this 21 day of August, 2012.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
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______________________________
Commissioner –
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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14. A
FUTURE AGENDA ITEMS
September 4, 2012
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RACC:
Final Adoption Public Hearing - Fire Assessment
EQUESTED CTION BY ITY OMMISSION
Rate Resolution - Thursday, September 13, 2012 @ 6:30 p.m. in Commission Chambers at City
Hall, 100 E. Boynton Beach Boulevard.
ER:
N/A
XPLANATION OF EQUEST
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
September 4, 2012
COBB
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September 4, 2012
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RACC:
2nd Budget Adoption Public Hearing - Tuesday,
EQUESTED CTION BY ITY OMMISSION
September 18, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach
Boulevard.
ER:
N/A
XPLANATION OF EQUEST
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
September 4, 2012
COBB
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CMD:
September 4, 2012
OMMISSION EETING ATE
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NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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AI
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BP$100,000 FAI
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ETTLEMENTS
RACC:
Scheduling of City Commission Workshop to
EQUESTED CTION BY ITY OMMISSION
discuss future of City Hall Campus - TBD
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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