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Agenda 01-07-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JANUARY 7, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello Commissioner – District IV Lori LaVerriere 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). 2 of 428 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the "Bark in the Park" event, which will be held at Pence Park on Saturday, January 18 from 10 a.m. to noon B. Proclaim January 20, 2014 as the commemoration of Martin Luther King, Jr. Day. Mr. Harry Meeks and Mr. Michael Norwood will accept the proclamation on behalf of the City of Boynton Beach Martin Luther King, Jr. Committee. 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. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 12alternates, 1 student and 1 student N/V Financial Advisory Committee: 2 regular and 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 regular and 2 alternates Planning and Development Board: 1 regular Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates 3 of 428 B. Consider areas of study for the Financial Advisory Committee (FAC) for the upcoming year. 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 A. Approve the purchase and installation of new flooring in the City Clerk's Office Suite, Hester Center Gym Office, Senior Center Back Classroom, and Customer Service Areas in the amount of $33,355.41 from Shaw Industries based on State of Florida Alternate Contract Source #360-240-12-1 NJPA. PROPOSED RESOLUTION NO. R14-001 B. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Esmeralda Digiovanni for the property at 7851 Griswold St, Lantana, FL. C. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the twelve (12) month period ended September 30, 2013 (unaudited). PROPOSED RESOLUTION NO. R14-002 D. - Assess the cost of nuisance abatement on properties within the City of Boynton Beach E. Approve the Information Technology Services Department 2013-2017 Strategic Plan PROPOSED RESOLUTION NO. R14-003 F. - Approve and authorize the City Manager to sign a Three Year Contract between Kenneth A. Scheppke, M.D., P.A. of Tequesta, Florida and the City of Boynton Beach for "A Three Year Contract for Medical Director to Oversee Emergency Medical Services provided by Fire Rescue and Ocean Rescue"; RFP No. 015-2210-14/JMA for the annual amounts of $26,568. for Year 1; $27,360. for Year 2; and $28,200. for Year 3; totaling $82,128. for the three (3) year contract. G. Approve the minutes from the Regular City Commission meeting held on December 17, 2013 PROPOSED RESOLUTION NO. R14-004 H. - Authorize the City Manager to enter into an agreement with Carol Dutra Ellis, Esquire, to provide Special Magistrate Services to hear cases for violations against the City Code at the agreed rate of $100.00 per hour for a one-year term, with the option to renew for three additional one-year periods. PROPOSED RESOLUTION NO. R14-005 I. - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City 4 of 428 PROPOSED RESOLUTION NO. R14-006 J. - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R14-007 A. - Approve and authorize the City Manager to execute a contract and related documents between the City of Boynton Beach and Selectron Technologies, Inc. of Portland, Oregon for hosted services for an interactive voice response (IVR) system with web interface for a "not-to-exceed" amount of $300,000 as a result of RFP #051- 2825-13/TWH "RFP FOR INTERACTIVE VOICE RESPONSE SYSTEM" 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 PROPOSED RESOLUTION NO. R14-008 A. - Approve Addendum to City Manager's Appointment Agreement based on City Commission discussion at December 17, 2013 City Commission meeting 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Continue discussion of possible acquisition of Lake Ida Parcel (4 acres). 1/21/14 5 of 428 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 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. 6 of 428 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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: Announcement of the "Bark in the Park" event, EQUESTED CTION BY ITY OMMISSION which will be held at Pence Park on Saturday, January 18 from 10 a.m. to noon ER: The Recreation & Parks Department is planning a series of XPLANATION OF EQUEST events at various City parks throughout the upcoming year. The series of events, titled Play Outdoors…Unplugged is designed to not only showcase our parks as excellent venues for family fun, but also to help provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. H? This is part of the Recreation & OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Parks Department menu of programs that are available for all residents and visitors. FI: Expenses are included in the Department’s operating budget. ISCAL MPACT A: Do not make the announcement. LTERNATIVES 7 of 428 8 of 428 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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: Proclaim January 20, 2014 as the commemoration EQUESTED CTION BY ITY OMMISSION of Martin Luther King, Jr. Day. Mr. Harry Meeks and Mr. Michael Norwood will accept the proclamation on behalf of the City of Boynton Beach Martin Luther King, Jr. Committee. ER: In 1986 the third Monday of January was established as a XPLANATION OF EQUEST National holiday honoring the life of Dr. Martin Luther King, Jr. This year, Monday, January 20, 2014 will be observed as the 28celebration of Dr. King’s Birthday. th H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 9 of 428 P R O C L A M A T I O N WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized nationwide in that the third Monday of January has been established as a national holiday in commemoration of Dr. King's birthday, January 15, 1929; and WHEREAS , Dr. King dedicated his life so that all Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS , Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offering a variety of historical and cultural programs through the City. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 20, 2014 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 7th day of January, Two Thousand and Fourteen. 10 of 428 5. A ADMINISTRATIVE January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 12alternates, 1 student and 1 student N/V Financial Advisory Committee: 2 regular and 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 regular and 2 alternates Planning and Development Board: 1 regular Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates . 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. 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 11 of 428 12 of 428 13 of 428 14 of 428 5. B ADMINISTRATIVE January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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: Consider areas of study for the Financial Advisory EQUESTED CTION BY ITY OMMISSION Committee (FAC) for the upcoming year. ER: XPLANATION OF EQUEST The City Commission passed Ordinance NO. 10-009 on May 4, 2010, that established the Financial Advisory Committee (copy attached). The Financial Advisory Committee acts in a purely advisory capacity to the City Commission. The Committee is submitting a list of study areas for the Commission’s consideration and also a list of three (3) items they are seeking clarification. The Commission may assign a specific topic/area for the FAC to review/research. Since the Financial Advisory Committee’s development of FY 2013-14 budget recommendations, the Committee has elected a new Chair (Steven Grant) and Vice- Chair (Jeffrey Grady) and currently has five (5) members. The committee has two (2) vacant member positions and two (2) vacant alternate positions. At their December 9, 2013 meeting the members put together a list of study areas for the FY 2014-15 budget year to submit to the Commission for discussion.  Committee Study Areas – At the Committee’s meeting on Monday, December 9, 2013 possible areas of study for the upcoming FY 2014-15 budget year were discussed. Following is a list of the items being forwarded to the Commission for consideration. 15 of 428 Item # Issue 1 City Services Survey 2 Review Vacant Buildings/Land and their potential uses 3 Evaluate Alternative Energy Sources for City Buildings and potential funding 4 Analysis of Residential vs Commercial Tax Base including resident property taxes as percentage of per capita income, compare to surrounding cities  When the Financial Advisory Committee was created in 2010 there was a list of items/issues that the Committee had to work with, there are three (3) items that the Committee would ask the Commission to review and provide clarification as to if these are still relevant and have an understanding of what the items are between City Commission and the Financial Advisory Committee. The items/issues are: Item # Issue 1 Capital Improvement Plan (CIP) Analysis 2 Debt & Debt Service 3 Revenue Streams Generated by Other Cities H? To be determined. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: To be determined. ISCAL MPACT A: Review list of study topics and either add, delete or modify to determine LTERNATIVES what items the Financial Advisory Committee will review for the upcoming FY 2014-15 budget year. 16 of 428 17 of 428 18 of 428 19 of 428 20 of 428 21 of 428 22 of 428 23 of 428 6. A CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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 purchase and installation of new EQUESTED CTION BY ITY OMMISSION flooring in the City Clerk's Office Suite, Hester Center Gym Office, Senior Center Back Classroom, and Customer Service Areas in the amount of $33,355.41 from Shaw Industries based on State of Florida Alternate Contract Source #360-240-12-1 NJPA. CP:J17,2013–M18,2016 ONTRACT ERIOD ANUARY ARCH ER: For the purchase and installation of new flooring, both XPLANATION OF EQUEST carpeting and vinyl composite flooring (vct), for City Clerk's Office Suite, the Hester Center Gym Office, the Senior Center Back Classroom, and the Customer Service Areas in the total amount of $33,355.41 from Shaw Industries based on State of Florida Alternate Contract Source #360-240-12-1 NJPA (effective January 17, 2013 through March 18, 2016). The existing flooring in these areas are worn/stained and in some cases a tripping hazards. H? Replacement of the flooring will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES improve the aesthetics of the areas along with eliminating tripping hazards which will be a positive reflection in the appearance of our areas to both our customers and staff. 24 of 428 FI: Funding is budgeted in the Capital Improvement Plan (CIP) for FY ISCAL MPACT 13/14 as follows: General Gov’t. – Carpet Replacement (302-4101-580-62.01/CP0703) $10,000 Other Bldgs. – Misc. Interior/Exterior Projects (302-4199-580-62.01/GG1102) $25,000 Hester Gym Office Carpet (302-4209-572-62.01/RP1413) $5,000 A: Leave existing flooring in place. LTERNATIVES 25 of 428 26 of 428 27 of 428 28 of 428 29 of 428 30 of 428 31 of 428 32 of 428 33 of 428 34 of 428 35 of 428 36 of 428 37 of 428 38 of 428 39 of 428 40 of 428 41 of 428 42 of 428 43 of 428 44 of 428 45 of 428 46 of 428 47 of 428 48 of 428 49 of 428 50 of 428 51 of 428 52 of 428 53 of 428 54 of 428 55 of 428 56 of 428 57 of 428 58 of 428 59 of 428 60 of 428 61 of 428 62 of 428 63 of 428 64 of 428 6. B CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-001 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Esmeralda Digiovanni for the property at 7851 Griswold St, Lantana, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N. Seacrest Blvd. and N. Federal Hwy. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 65 of 428 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 66 of 428 RESOLUTION NO. R14-001 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ESMERALDA DIGIOVANNI; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 7851 Griswold Street, Lantana, Florida (PCN: 00-43-45-10-07- 000-0360); and WHEREAS , the parcel covered by this agreement includes a single-family home located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. 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 hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Esmeralda DiGiovanni, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7th day of January, 2014. 67 of 428 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 68 of 428 69 of 428 70 of 428 71 of 428 72 of 428 73 of 428 74 of 428 75 of 428 76 of 428 77 of 428 6. C CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the twelve (12) month period ended September 30, 2013 (unaudited). Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the twelve (12) month period ended September 30, 2013 (100% of the fiscal year). The final numbers for September 30, 2013 are unaudited at this time. The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 78 of 428 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 69,643$ 69,352100%$ 65,142$ 66,282102%7%5% Expenditures$ (69,643)$ (68,151)98%$ (65,142)$ (63,980)98%7%7% Excess (Deficit)$ -$ 1,201$ -$ 2,302 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $53 M or 76% of our total $69.6 M General Fund budget estimate for FY 2012-13. Transfers from other funds (non- revenues) provide $16.6 M or 24% of the total funding sources to balance our $69.6 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 34% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA 2. 42% - $ 29.4 M – All other revenues plus General Fund Balance 3._24% - $ 16.6 M – Transfers from other funds 100% - $ 69.6 M – Total funding sources The property tax rate for FY 2012-13 was increased from 7.1941 mills to 7.6000 mills; the net property taxes of $27.0 M in FY 2012-13 represent a 5.6% increase in property tax revenue or an increase of $.7 M from FY 2011-12. To balance the budget in FY 2012-13, it required transfers from other funds of $16.6 M representing 24% of all funding sources. Actual Funding Sources Realized: At the end of the twelfth month in FY 2012-13, revenues and transfers realized are approximately $69.3 M of the budget estimate compared to $66.3 M realized to date in FY 2011-12. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $23.4 M as compared to $22.6 M for FY 2011-12, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $3.9 M or 86% actual collected compared to $4.3 M or 95% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.3 M or 99% has been collected which is almost equivalent to the FY 2011-12 amount of $1.3 M or 92%. State Shared revenues 3. of $6.9 M or 103% have been collected in FY2012-13 as compared to $6.5 M or 101% received in FY 2011-12. 79 of 428 Public Safety revenues 4. at this point is on track with the budgeted amount; $4.3 M or 112% was received compared to $3.9 M or 100% for FY 2011-12. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 6.9% from $65.1 M to $69.6 M. The budget increase was due to increased pension and health care costs. Actual Expenditures – General Fund expenditures for the twelfth month period ending September 30 (100% of the fiscal year) are $68.1 M that is 98% of the $69.6 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $68.1 M or 98% of the FY 2012-13 budget. At this point in the fiscal year, we are at the same spending levels compared to the $63.9 M or 98% actual spending levels in FY 2011-12 for this same period. UTILITY FUND The FY 2012-13 annual expenditure budget of $37.7 M represents a $.3 M increase from the FY 2011-12 budget of $37.4 M. The operational forecast may yield an estimated $1.2 M fund balance increase for the year based on the budget. Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 37,719$ 37,641100%$ 37,397$ 36,64898%1%3% Expenditures$ (37,719)$ (37,537)100%$ (37,397)$ (37,093)99%1%1% Excess (Deficit)$ -$ 104$ -$ (445) For the twelfth month period in FY 2012-13,  Revenues realized are $37.6 M (100%) of the annual budget estimate.  Expenditures incurred are $37.5 M (100%) of the annual appropriated budget. This results in revenue in excess of expenditures yielding a surplus of approximately $104 K. The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $37.6 M in FY 2012-13 actual revenues and fund balance have increased by $1 M over the $36.6 M in FY 2011-12, because of two factors: 80 of 428  Water Sales - $17.9 M equivalent to 100% of the annual estimate, compared to $17.5 M or 95% at this point in FY 2011-12.  Sewer Service - $16.7 M equivalent to 100% of the annual estimate, compared to $16.3 M or 99% at this point in FY 2011-12.  In FY 2012-13, $ 1.2 M is being recognized as an added increase to fund balance, compared to an added increase of $ 1.6 M in FY 2011-12. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY 2012-13 expenditures to date are $37.5 M or 100% of the annual appropriation compared to expenditures of $37.0 M or 99% for the prior fiscal year. The increase is due to a budgeted transfer to the Utility Renewal/Replacement capital fund that is in the FY 2012-13 budget. Additionally, the Utility Department experienced a major breakdown to one of the City’s Lift Station. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 81 of 428 82 of 428 83 of 428 84 of 428 85 of 428 6. D CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-002 - EQUESTED CTION BY ITY OMMISSION Assess the cost of nuisance abatement on properties within the City of Boynton Beach ER: In accordance with the Municipal Lien Procedure on file in 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. 86 of 428 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: This process allows us to place liens on the properties in order to ISCAL MPACT reimburse the City for the services that were provided when the nuisances were abated. A: The alternative would be to not place liens on the properties and not LTERNATIVES collect for the service provided. 87 of 428 RESOLUTION NO. R14-002 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 her 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 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 2014, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In 88 of 428 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 7th day of January, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________________ Commissioner – Joe Casello _____________________________ Janet M. Prainito, MMC City Clerk {Corporate Seal} 89 of 428 90 of 428 6. E CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2013 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 Information Technology Services EQUESTED CTION BY ITY OMMISSION Department 2013-2017 Strategic Plan ER: The Information Technology Services (I.T.S.) Department’s XPLANATION OF EQUEST Strategic Plan is a document that outlines our current state of technology and our future technology needs. This plan includes an inventory of each department’s current technology, their short- and long-term needs, and I.T.S. Department’s enterprise-wide needs. Each will be used to formulate the City’s strategic technology direction and to help guide future budgetary decisions. As this plan is a dynamic document and will be reviewed annually, future versions will be presented for your review. H? This plan provides the I.T.S. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Department with a road map to meet and exceed the short- and long-term technology needs of our internal and external customers. FI: No additional funds are included or requested as part of this plan. ISCAL MPACT A: Ask that revisions be made prior to approving the strategic plan. Do not LTERNATIVES approve the strategic plan. 91 of 428 92 of 428 93 of 428 94 of 428 95 of 428 96 of 428 97 of 428 98 of 428 99 of 428 100 of 428 101 of 428 102 of 428 103 of 428 104 of 428 105 of 428 106 of 428 107 of 428 108 of 428 109 of 428 110 of 428 6. F CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-003 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the City Manager to sign a Three Year Contract between Kenneth A. Scheppke, M.D., P.A. of Tequesta, Florida and the City of Boynton Beach for "A Three Year Contract for Medical Director to Oversee Emergency Medical Services provided by Fire Rescue and Ocean Rescue"; RFP No. 015-2210-14/JMA for the annual amounts of $26,568. for Year 1; $27,360. for Year 2; and $28,200. for Year 3; totaling $82,128. for the three (3) year contract. CP:F3,2014F2,2017 ONTRACT ERIOD EBRUARY TO EBRUARY ER: On December 5, 2013, Procurement Services received and XPLANATION OF EQUEST opened three (3) proposals in response to the RFP for “A Three Year Contract for Medical Director to Oversee Emergency Medical Services Provided by Fire Rescue and Ocean Rescue”; RFP No. 015-2210-14/JMA. The RFP Scope of Services for Medical Director requested an independent contractor to supervise and accept responsibility for the medical performance of the Emergency Medical Technicians, Paramedics, first responders, and lifeguards. The City is seeking a contract for an initial term of three (3) years, with two (2) additional one-year renewal terms based upon satisfactory performance and mutual agreement by the City and the awarded Medical Director. The proposals were reviewed and evaluated by a Selection Committee that included Greg Hoggatt, Deputy Chief of Operations; Michael Landress, EMS Coordinator; and Wally Majors, Director of Recreation and Parks. Each member reviewed and evaluated the proposals independently and completed a reviewer score sheet and returned it to the Procurement/Finance Department. Procurement Services compiled the “summary of reviewers scores”, based on the summary scores outlined in the proposal. Kenneth 111 of 428 A. Scheppke, M.D., P.A. scored as the highest ranked proposer with a total score of 294 out of a possible 300 points. Dr. Scheppke has been the Medical Director for the City of Boynton Beach for Emergency Medical Services for over a decade. Dr. Scheppke is the Chairman of the Palm Beach County EMS Medical Directors’ Association and Assistant Medical Director of the Emergency Department for the JFK Medical Center. Dr. Scheppke’s extensive experience, exceptional resume, and medical direction have provided the City of Boynton Beach with the training and guidance necessary to remain on the cutting edge of emergency medical services for residents and visitors to the City of Boynton Beach. Dr. Scheppke’s Three Year Annual Price Proposal is: Year 1 $26,568.00 Year 2 $27,360.00 Year 3 $28,200.00 H? The Medical Director will be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES available for consultation on all medically related EMS issues for the Department. He will continue to develop medically correct protocols which permit specified procedures; develop and implement a patient care quality assurance system; ensure and certify that security procedures of the EMS provider for medications, fluids and controlled substances are in compliance with applicable regulations; and ensure that all EMTs and paramedics are trained in the use of the trauma scorecard methodologies, in addition to serving as the liaison between governmental regulatory agencies, and other local EMS providers and hospitals. FI: The cost of this contract has been included in the City’s FY13/14 ISCAL MPACT budget under line item 001-2210-522-34-51. A: Not approve this contract and re-issue a new Request for Proposal. LTERNATIVES 112 of 428 RESOLUTION NO. R14-003 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #015-2210-14/JMA FOR A “THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE RESCUE AND OCEAN RESCUE” TO KENNETH A. SCHEPPKE, M.D., P.A.; AUTHORIZE THE CITY MANAGER TO SIGN A THREE YEAR CONTRACT TOTALING $82,128.00 AND PROVIDING AN EFFECTIVE DATE WHEREAS , on December 5, 2013, Procurement Services received and opened three (3) proposals in response to the RFP for “A Three Year Contract for Medical Director to Oversee Emergency Medical Services Provided by Fire Rescue and Ocean Rescue”; and WHEREAS, RFP Scope of Services for Medical Director requested an independent contractor to supervise and accept responsibility for the medical performance of the Emergency Medical Technicians, Paramedics, first responders and lifeguards; and WHEREAS , the proposals were reviewed and evaluated by a Selection Committee independently and based on the summary of scores, Kenneth A. Scheppke, M.D., P.A. scored as the highest ranked proposer; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to award this RFP (#015-2210-14/JMA), to Kenneth A. Scheppke, M.D., providing for overseeing the Emergency Medical Services as provided by Fire Rescue/EMTS, Paramedics and Lifeguards, and to enter into a three year Contract between the City of Boynton Beach and Kenneth A. Scheppke, M.D., in the amount of $26,568.00 for the first year, $27,360 for the second year and $28,200 for the third year totaling $82,128.00 for the three year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 113 of 428 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, upon recommendation of staff, hereby approves the award of this RFP (#015-2210-14/JMA), to Kenneth A. Scheppke, M.D., providing for overseeing the Emergency Medical Services as provided by Fire Rescue/EMTS, Paramedics and Lifeguards, and to enter into a three year Contract between the City of Boynton Beach and Kenneth A. Scheppke, M.D., in the amount of $26,568.00 for the first year, $27,360 for the second year and $28,200 for the third year totaling $82,128.00 for the three year period; authorizing the City Manager to execute a contract, a copy of which is attached hereto. Section 3. That this Resolution shall become effective immediately. 114 of 428 PASSED AND ADOPTED THIS 7th day of January, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 115 of 428 116 of 428 117 of 428 118 of 428 119 of 428 120 of 428 121 of 428 122 of 428 123 of 428 124 of 428 125 of 428 126 of 428 127 of 428 128 of 428 129 of 428 130 of 428 131 of 428 132 of 428 133 of 428 134 of 428 135 of 428 136 of 428 137 of 428 138 of 428 139 of 428 140 of 428 141 of 428 142 of 428 143 of 428 144 of 428 145 of 428 146 of 428 147 of 428 148 of 428 149 of 428 150 of 428 151 of 428 152 of 428 153 of 428 154 of 428 155 of 428 156 of 428 PROFESSIONAL AGREEMENT FOR MEDICAL SERVICES DIRECTOR ____ THIS PROFESSIONAL AGREEMENT, entered into this day of ____________, 2014 between the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter KENNETH A. SCHEPPKE, M.D., P.A., referred to as the “CITY”, and a MEDICAL DIRECTOR, authorized to do business in the State of Florida, hereinafter referred to as the “MEDICAL DIRECTOR” for Emergency Medical Services is entered into subject to the following terms and conditions. Kenneth A. Scheppke, M.D. The City Of Boynton Beach and hereby agree that the terms of this Contract provide an outline of the working relationships and responsibilities of the CITY and the MEDICAL for the City’s Emergency Medical Services Program (EMS), which is part of the CITY’S Municipal Fire Department. The items in this Contract in the following Sections are aimed at identifying the MEDICAL DIRECTOR’S general relationship with the CITY, his responsibility for supervising the direct medical related activities of the EMS Program, and the MEDICAL DIRECTOR’S responsibility for local training and certification of the Paramedics per RFP No. 015-2210-14/JMA. The Contract further supports the principle that the MEDICAL DIRECTOR will receive support from the Fire Department Administration and will direct his requests for equipment and equipment assignments; manpower and manpower assignments; and supplies of the Fire Department Administration and recognizes that assignments to the Paramedic Program will be made by the Fire Chief in accordance with the overall resources and needs of the Fire Department. TERM OF AGREEMENT: The term of this agreement shall be for Three (3) years effective February 3, 2014 through February 2, 2017. The City of Boynton Beach may extend the agreement at the same terms, and conditions, for two (2) one-year renewals subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 1. The CITY hereby contracts with the MEDICAL DIRECTOR and the MEDICAL DIRECTOR accepts this contract as MEDICAL DIRECTOR for the City Of Boynton Beach Emergency Medical Services Program under the provisions of Section 401.46, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR, or upon notice from the CITY that such additional duties have been established by the Florida Department of Health and Rehabilitative Services. It is recognized that the MEDICAL DIRECTOR’S contract with the CITY preserves the MEDICAL DIRECTOR’S right to practice as an independent physician at all times. The Medical Director will assure the continuous availability of at least one qualified physician as outlined in Section I, who shall serve as Acting Medical Director in the absence of the Medical Director 2. The MEDICAL DIRECTOR shall accept responsibility for the medical performance of the Emergency Medical Technicians, Paramedics, Lifeguards and Certified Emergency Medical Dispatchers employed by the CITY and serving in the Emergency Medical Services Program 157 of 428 of the City Fire Department, herein referred to as EMS. The MEDICAL DIRECTOR shall be responsible directly to the City Manager. However, nothing herein shall in any way authorize any limitations or restrictions by the City Manager on the professional acts or advice of the MEDICAL DIRECTOR. 3. The Fire Chief, through the Department staff and operation procedure, will establish Department policy for equipment and equipment assignment, and for supply purchase and use. The MEDICAL DIRECTOR, in conjunction with the Fire Chief, shall establish dispatch procedures and priorities. The Fire Chief will establish Department policy for manpower assignment in conjunction with recommendations made by the MEDICAL DIRECTOR. 4. The MEDICAL DIRECTOR shall perform all services required pursuant to Florida Statutes Chapter 64-J-1.004 Chapter 401, Section 401.46, , Florida Administrative Code; duties and regulations promulgated by the Florida Department of Health and Rehabilitative Services; and all present rules and regulations of any governmental agencies implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR. 5. The MEDICAL DIRECTOR shall serve as the Fire Department’s physician for purposes of advising the Fire Chief on matters pertaining to occupational safety and health. MEDICAL DIRECTOR shall serve as the MEDICAL DIRECTOR for the City’s Lifeguards, who may be certified as Emergency Medical Technicians. 6. The MEDICAL DIRECTOR agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians, Certified Emergency Medical Dispatchers, and Paramedic functioning for the EMS and shall have full authority to direct and supervise the medical activities in the field, in training and for certifications. Such supervision shall be accomplished by, but not limited to: a. Actual accompaniment of Paramedics and EMT’s on rescue calls. b. Monitoring of radio transmissions to and from hospital emergency departments and related facilities. c. Review of incident reports and associated documentation. d. Conference and/or meeting in both individual and group situations. e. Review of standard operating procedures and protocols involving multi-agency responses to medical emergencies. 7. These duties will be performed by the MEDICAL DIRECTOR at his/her convenience as often as is necessary to insure that proper medical standards and procedures are being followed. Cost for supplying necessary in-service instruction material will be assumed by the CITY and the material will become the property of the CITY. Furthermore, the EMS Coordinator shall be the MEDICAL DIRECTOR’S agent for purpose of quality assurance pursuant to Florida State Statute. 8. The MEDICAL DIRECTOR shall have the services of the Departmental training program, facility and staff to assist in carrying out training requirements for the EMS. MEDICAL DIRECTOR shall participate in daily in-service training scheduled by the Fire Department. 9. The CITY will obtain and pay the annual premium for a professional liability endorsement to the City’s liability policy insuring the MEDICAL DIRECTOR against liability arising out of 158 of 428 negligent acts or omissions of the MEDICAL DIRECTOR in the performance of his duties during the term of this Agreement. 10. The provider shall indemnify and save harmless the MEDICAL DIRECTOR from any and all liability incurred as a result of acts or omission of employees of the City Of Boynton Beach Fire Department. 159 of 428 11. The CITY will pay the MEDICAL DIRECTOR the annual sum of: Year 1 $26,568.00 (Includes $70.00/month cell phone allowance.) Year 2 $27,360.00 (Includes $70.00/month cell phone allowance.) Year 3 $28,200.00 (Includes $70.00/month cell phone allowance.) with a monthly payment of: Year 1 $2,214.00 Year 2 $2,280.00 Year 3 $2,350.00 payable at the end of each month for services outlined in this contract. 12. The CITY will provide portable radio communication for use by the MEDICAL DIRECTOR. 13. In matters of employee relations and concern, the MEDICAL DIRECTOR, under the terms of this contract is considered to be a member of the administration and supervisory division of the Fire Chief as the Fire Chief carries out grievance procedures, discipline, interviewing paramedics, paramedic school assignments, and union contract administrative requirements. a. The MEDICAL DIRECTOR will be expected to report to the Fire Chief his/her decisions relating to any employees for the Emergency Medical Services System such as discipline, de- certification or promotion in which the MEDICAL DIRECTOR is involved. b. The MEDICAL DIRECTOR agrees to participate as required at personnel hearing boards such as grievance procedures of the union contract, etc. as part of his Department administrative responsibilities of the Department without additional compensation. c. The MEDICAL DIRECTOR agrees to participate in the oral interview and skills test administered to all new firefighter applicants who have a paramedic certificate prior to their employment. The MEDICAL DIRECTOR retains the right to prevent the hiring of any such individual for the purpose of employment as a paramedic if he or she does not perform satisfactorily during the interview and/or skills test. The content of the skills test will be in accordance with current standardized criteria set up by the American Heart Association and American College of Emergency Physicians. d. The MEDICAL DIRECTOR agrees that anytime a firefighter employed by the City of Boynton Beach wants to attend paramedic classes for purposes of becoming a licensed paramedic, they must have written approval by the MEDICAL DIRECTOR prior to attending and/or enrolling in such classes. 14. From time to time the MEDICAL DIRECTOR, on the request of the Fire Chief, will attend Department Administrative staff meetings so that he can give input to the Administrative staff on the needs and status of the EMS Program so that he can become involved and informed of Departmental Standard Operating Procedures relating to: a. Response procedures b. Equipment and personnel allocations 160 of 428 c. Department priorities d. Departmental procedures for handling emergencies e. Working with other departments f. Emergency medical dispatching g. Infectious Disease procedures 15. Any staffing changes that result in modifying the Department’s current EMS response protocols must be cleared through the MEDICAL DIRECTOR. 16. Either party to this contract may, upon giving thirty (30) days written notice to the other party, may terminate this contract for any reason whatsoever, and after the effective date of such notice all parties will be relieved of any further obligations under this contract. 17. The MEDICAL DIRECTOR will assure the continuous availability of at least one qualified physician as Director who shall serve as ACTING MEDICAL DIRECTOR in the absence of the MEDICAL DIRECTOR. In addition, the MEDICAL DIRECTOR will notify the Boynton Beach Fire Rescue Department whenever he/she will be unavailable for whatever reason, and will attempt to provide twenty-four (24) hour prior notification of such unavailability except under emergency circumstances. The notification shall be given to the Office of the Fire Chief, and shall include the name and telephone numbers of the ACTING MEDICAL DIRECTOR. 18. Upon request, the MEDICAL DIRECTOR will advise the Department on appropriate procedures to address incidents in which an employee of the Fire Department has been or may have been exposed to infectious diseases or hazardous materials. 19. The MEDICAL DIRECTOR hereby agrees to perform those duties set forth in Exhibit “A” and in the Specifications for the position set forth Exhibit “B”. Exhibit “A” and “B” are attached hereto and incorporated herein by reference. 20. 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: Lori LaVerriere, City Manager NOTICES to the Medical Director shall be sent to the following address: Kenneth A. Scheppke, M.D., P.A. 4480 River Pines Ct. Tequesta, FL 33469 21. PUBLIC RECORDS LAW: The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida’s Public Records Law. Effective July 1, 2013, Section 119.071, Fla. Stat., the contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by 161 of 428 the City in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the Medical Director to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 22. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm 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 Firm. DATED this _____ day of ________________________________________, 2014 CITY OF BOYNTON BEACH MEDICAL DIRECTOR _________________________________ __________________________________ City Manager Name Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ 162 of 428 Office of the City Attorney Secretary 163 of 428 EXHIBIT A SCOPE OF SERVICES Purpose of RFP The purpose of this Request for Proposals is to obtain the services of a licensed physician(s), pursuant to Chapter 458, Florida State Statutes to serve as the Medical Director, Chapter 401, Florida State Statutes, and Rule Chapter 64J-1, Florida Administrative Code (FAC) to have authority over all clinical and patient care aspects of the Emergency Medical Services provided by the City of Boynton Beach. A. SCOPE OF SERVICES The City Of Boynton Beach is seeking to employ a Medical Director to oversee the Emergency Medical Services as provided by Fire Rescue, Paramedics, and Lifeguards, as well as other departmental administrative purposes and functions. The Medical Director will be an independent contractor supervising and accepting responsibility for the medical performance of Emergency Medical Technicians (EMTs), Paramedics and first responders, and Lifeguards functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department under applicable provisions of Florida Statutes Chapter 401, and FAC 64-J-1.004. The City is seeking a contract for an initial term of three (3) years, with two (2) additional one- year renewal terms based upon satisfactory performance and mutual agreement of the City and the awarded Medical Director. I. REQUIRED SERVICES TO BE PROVIDED: 1. Be Responsible for advising the ALS provider as to his assessment of the competence of each of the provider’s paramedics and for making recommendations regarding the medical procedures which each paramedic should be authorized to perform. Such assessment should be made by utilizing responsible evaluative processes and techniques and should include at least one assessment of each paramedic’s ability to: a. Appropriately evaluate emergency medical patients and determine proper priorities for emergency medical care. b. Communicate the findings of such evaluations to a physician who has agreed, in writing, to provide responsible supervision of that paramedic. c. Receive and understand proper orders from a physician providing direct supervision of the paramedic. d. Understand and properly apply any standing orders authorized by the Medical Director. e. Understand legal relationship between the paramedic, Medical Director, physician(s) under agreement to provide responsible supervision of the paramedic, and any other physician. f. Insure that any ALS performed by the paramedic is done with responsible physician supervision. 164 of 428 g. Perform the specific medical procedure(s) which the paramedic is specifically authorized by the Medical Director and by the ALS provider to perform. 2. Continually evaluate the medical capability of the paramedics and the ALS provider and advise ALS provider regarding the appropriate level and standard of care which the ALS provider should seek to achieve. 3. Assist in identifying the specific medical skills and knowledge which paramedics must possess to achieve the desired level and standard of care. 4. Assist in identifying the training and experience necessary for the paramedics to acquire the desired skills and knowledge and, in cooperation with approved educations programs, in assuring that each paramedic receives such training and experience as required. 5. Develop and implement an appropriate process for periodic audit and review of medical procedures performed by paramedics. Such audit and review process must comply with such standards and requirements as may be set forth by the department from time to time. 6. Develop and authorize or review and authorize standing orders which allow the paramedics to properly manage certain medical emergencies when voice communications with the responsible physician is not available. Such standing orders must be specified and must at least provide for managing immediately life-threatening emergencies though they are not required to be so comprehensive as to include all possible medical emergencies. 7. Responsibility for the medical correctness of any standing order which he/she authorizes for use by the paramedics and for properly instructing the paramedics regarding the correct use of standing orders. 8. Assist the ALS provider in assuring continuous availability of at least one responsible physician. Determine the qualifications necessary for a physician to provide responsible supervision of the paramedics. 9. Retain the ultimate authority to permit and/or prohibit any system paramedic to utilize ALS techniques. (Specific authority 401.35, 381.031(1)(g), 20.05(5) FS; Law implemental 401.46, 401.47 FS. History NEW 9-10-7. II. RELATED RESPONSIBILITIES: A.The Medical Director serves as the Fire Department’s physician for the purpose of advising the Fire Chief on matters pertaining to occupational safety and health. B.The Medical Director serves as the Medical Director for the City’s Ocean Rescue/Lifeguards, who may be certified as Emergency Medical Technicians. C.The Medical Director agrees to directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians and Paramedics functioning in the Fire and Emergency Medical Services Department and 165 of 428 the Parks and Recreation Department. Such supervision shall be accomplished by, though not limited to: 1.Actual accompaniment of Paramedics and EMTs on rescue calls; 2.Monitoring of radio transmissions to and from hospital emergency departments and related facilities; 3.Review of rescue incident reports and associated documentation; 4.Conference and/or meetings in both individual and group situations; 5.Review of Standard Operating Procedures and Protocols involving multi- agency responses to medical emergencies; 6.Active participation in daily in-service training scheduled by the Fire Department. These duties will be performed periodically by the Medical Director at his/her convenience and as often as is necessary to insure that proper medical standards and procedures are being followed. The Medical Director shall provide the Fire Chief with written reports as required by the Fire Chief regarding efficiency and effectiveness and general performance of the City’s Emergency Medical Services System. D. The Medical Director shall perform all services required of him/her pursuant to Chapter 401, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said Medical Director or upon promulgation of additional duties by the Florida Department of Health. E. The Medical Director shall give necessary instructions to the City’s Emergency Medical Technicians (EMTs), Paramedics, and Lifeguards. The Medical Director will also supervise and arrange such in-service instructional sessions, and promulgate such rules and directives, as may be necessary to assure that all medical services performed by EMTs, Paramedics, and Lifeguards are in accordance with proper medical standards and procedures.  In addition, the Medical Director shall participate in general Paramedic staff meetings at a time and date mutually agreeable with the Medical Director and the Fire and Emergency Medical Services Department; provide sufficient didactic lecture and instruction to insure that standards of emergency medical care are maintained, review and comment on content and emphasis on in-service training and testing procedures; and shall initiate a review of all pre-hospital emergency medical service protocols and levels of personnel and equipment response at least every six months to determine their applicability and appropriateness with respect to currently accepted emergency procedures. Recommended revisions of said protocols or response procedures shall be furnished to the Fire Chief. III. SERVICES AND RESPONSIBILITIES: 1. The Medical Director will assure the continuous availability of at least one qualified physician as outlined in Section I, who shall serve as Acting Medical Director in the absence of the Medical Director. Please provide the name, address and Medical License number of the physician to be designated “Acting Medical Director”. 166 of 428 In addition, the Medical Director will notify the Boynton Beach Fire and Emergency Medical Services Department whenever he/she will be unavailable for whatever reason, and will attempt to provide 24 hour prior notification of such unavailability except under emergency circumstances. The notification shall be given to the Office of the Fire Chief, and shall include the name and telephone numbers of the Acting Medical Director. 2. The Medical Director may provide liaison services as required and requested between the Fire and Emergency Medical Services Department of the City and other departments, divisions, boards, and bodies of the City, County and State of Florida, as well as educational, institutions, medical societies and other agencies or institutions relating to the provision of Emergency Medical Services. a.The Medical Director will retain ultimate authority to permit or deny any Paramedic or EMT the utilization or advanced life support techniques, basic life support, patient assessment, or patient stabilization procedures. Upon request, the Medical Director shall advise the Fire Chief or the Director of Parks and Recreation, if appropriate, on disciplinary recommendations related to medical care. b.The Medical Director shall administer a protocol examination and/or practical test as he/she sees fit to determine the competence of all Emergency Medical Services personnel covered by this Agreement. c.Upon request, the Medical Director may participate in the design and structure of selection procedures for entry level personnel for the City Of Boynton Beach. d.Upon request, the Medical Director will consult with the Fire Chief regarding promotional testing criteria for incumbent personnel. e.Upon request, the Medical Director may advise the department on appropriate procedures to address incidents in which an employee of the Fire and Emergency Services Department or the Parks and Recreation Department’s Lifeguard Unit has been or may have been exposed to infectious diseases or hazardous materials. f.Upon request, the Medical Director will maintain data regarding the status of employees who have been, or may have been, exposed to infectious diseases or hazardous materials. g.Upon request, the Medical Director will provide oversight and instruction to assist in the preparation of personnel in the Fire and Emergency Service Department in professional competitions which may be selected by the Department. h.At his/her election, the Medical Director may utilize the services of a Licensed Physician Assistant who shall be designated as a Deputy Medical Director to facilitate the delivery of the services enumerated in the Medical Director’s contract. 167 of 428 However, responsibility for the efficient delivery of these services shall remain with the Medical Director and no increase in the annual fee shall occur based on this election. i. The Medical Director will oversee and provide instruction during department scheduled in-service training, for a minimum of six hours per month. 168 of 428 6. G CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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 December 17, 2013 The City Commission met on December 17, 2013 and minutes were prepared from the notes taken at the meeting. 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 169 of 428 170 of 428 171 of 428 172 of 428 173 of 428 174 of 428 175 of 428 176 of 428 177 of 428 178 of 428 179 of 428 180 of 428 181 of 428 182 of 428 183 of 428 184 of 428 185 of 428 186 of 428 187 of 428 188 of 428 189 of 428 190 of 428 6. H CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-004 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to enter into an agreement with Carol Dutra Ellis, Esquire, to provide Special Magistrate Services to hear cases for violations against the City Code at the agreed rate of $100.00 per hour for a one-year term, with the option to renew for three additional one-year periods. ER: XPLANATION OF EQUEST The City Commission approved Ordinance No. 13-030 on November 5, 2013 providing for the use of Special Magistrates for code compliance and enforcement matters. The ordinance allows one (1) or more Special Magistrates to be appointed and outlined the qualifications to be a Special Magistrate. Procurement Services issued a Request for Quote for a “Code Compliance Special Magistrate” Quote No. Q-024-2120-14/JMA, with the purpose to secure fair and firm pricing from local attorneys to provide magistrate services for Code Compliance and Enforcement matters. The Request for Quotation was e-mailed to attorneys in Palm Beach County who have been members in good standing of the Florida Bar Association for a minimum of five years. Procurement Services received eight (8) responses to this th Request for Quotation; one attorney withdrew his proposal on December 18. Ms. Ellis submitted the lowest hourly quote to provide Special Magistrate Services and met the qualifications as prescribed in Ordinance No. 13-030. Code Compliance hearings are typically scheduled for the third Wednesday of each month from 9:00 A.M. to Noon in the Commission Chambers. Additional hearings may be scheduled depending on the City’s needs and the volume of pending cases. 191 of 428 The attached agreement contains the following compensation conditions for the Special Magistrate:  Compensation of $100 per hour with no additional charge for mileage, travel time or incidentals;  Four (4) hour minimum on hearing session days;  City will compensate for actual time spent for pre-hearing preparation. H? Entering into this agreement for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Special Magistrate services will fulfill a necessary component for the City to conduct hearings for code violations and will result in improved efficiency in the City’s Code Compliance program by allowing the City to handle more cases in a shorter period of time. FI: Funds will be made available from Code Compliance account number ISCAL MPACT 001-2120-521-49-17 (other contractual services). A: Not to enter into this agreement and re-advertise a new Request for LTERNATIVES Quote. 192 of 428 193 of 428 194 of 428 195 of 428 196 of 428 197 of 428 198 of 428 199 of 428 200 of 428 201 of 428 202 of 428 203 of 428 204 of 428 205 of 428 206 of 428 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES THIS AGREEMENT, made and entered into the ____ day of ____________________, 20___ by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Boynton Beach Blvd, Boynton Beach,, FL 33425 (hereinafter referred to as "CITY"), AND Carol Dutra Ellis, Esquire, a sole practitioner, having the business address of 500 Australian Avenue, South, Suite 600, West Palm Beach, Florida 33401 (hereinafter referred to as "SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, Chapter 162, Florida Statutes, provides that municipalities may contract with Special Magistrates as an alternative method of hearing code enforcement cases; and WHEREAS, at its meeting of November 5, 2013, the City Commission of CITY authorized the City Manager to take all steps necessary to retain Special Magistrate Services for the purposes established by Ordinance No. 13-030, the City’s Code of Ordinances, and Florida law; and WHEREAS, on or about November 26, 2013, the CITY issued a Request for Quotations for Code Compliance Special Magistrate Services. On or about December 12, 2013, SPECIAL MAGISTRATE submitted a written response to the CITY’S Request for Quotations; and WHEREAS, Carol Dutra Ellis (hereinafter referred to as the “SPECIAL MAGISTRATE”) is the Owner and Managing Attorney at the Law Offices of Carol D. Ellis, P.A. and is qualified to serve as Special Magistrate; and WHEREAS, the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II, Section 5(a) of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in order to set out the terms and conditions related to this appointment; 207 of 428 NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and SPECIAL MAGISTRATE agree as follows: Section 1. Recitals. The recitals and findings set forth above are hereby adopted by reference and incorporated herein as if fully set forth in this section. Section 2.Designee . SPECIAL MAGISTRATE shall serve as the designee of the Law Offices of Carol D. Ellis and shall be responsible for fulfilling all of the City of Boynton Beach Code Compliance Special Magistrate obligations as set forth herein. Section 3. Services. A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by adjudicating code enforcement cases that may be assigned to SPECIAL MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings shall be established by the CITY and may be amended from time to time. SPECIAL MAGISTRATE understands that Special Magistrates may be utilized for hearings on a rotational basis. SPECIAL MAGISTRATE is authorized to hear cases involving but not limited to, vacant properties, multi-family residential properties, neighborhood preservation, non-residential properties, cases involving an immediate threat to health and safety, among other violations of the City Code. B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written order, which shall include findings of fact and conclusions of law, shall be promptly prepared and executed by SPECIAL MAGISTRATE, and furnished to the CITY. The CITY shall be responsible for furnishing a copy of the order to the applicable parties. C. SPECIAL MAGISTRATE is an independent contractor under this Agreement. Services provided by SPECIAL MAGISTRATE shall not be as officer or employee of CITY. D. SPECIAL MAGISTRATE acknowledges that she is a member in good standing of the Florida Bar engaged in the private practice of law. Further, SPECIAL MAGISTRATE acknowledges that she has no existing client relationship which would pose a conflict of interest to her service as a Special Magistrate for CITY. E. SPECIAL MAGISTRATE affirms that upon receipt of each Code Compliance Agenda, she will conduct a conflict check to confirm that she does not have a client relationship with any of the respondents on the docket. In the event of such conflict, SPECIAL MAGISTRATE will immediately notify the CITY’S Code Compliance Department so that the item can be removed from the Agenda. F. SPECIAL MAGISTRATE understands and acknowledges that she may not serve as Special Magistrate for more than one public entity. 208 of 428 Section 4. Payment. A. CITY agrees to pay SPECIAL MAGISTRATE $100.00 per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE under the conditions set forth in this agreement. Such invoice shall be submitted to: City of Boynton Beach Code Compliance Division 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 ATTN: Ms. Diane Springer, Code Compliance Coordinator C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by First Class U.S. Mail to: Carol Dutra Ellis, Esquire 500 Australian Avenue, South Suite 600 West Palm Beach, Florida 33401 Section 5. Term of Agreement. A. This Agreement shall be effective upon the approval of the City Commission and shall remain effective for an initial one year term, with the option for three one- year renewals. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City and without cause. The SPECIAL MAGISTRATE acknowledges that she serves at the will and pleasure of the City Commission. B. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City and without cause. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty (30) calendar days’ written notice to the CITY. The notices specified herein shall be sent to the addresses set forth in Section 4, supra. Section 6. Amendments; Assignments. A. No modification, amendment or alteration in the terms or conditions of this Agreement shall be effective unless contained in written document executed with the same formality and of equal dignity herewith. 209 of 428 B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party without the prior written consent of CITY. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS. 210 of 428 IN WITNESS WHEREOF , the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. CITY ATTEST: CITY OF BOYNTON BEACH, FLORIDA: ____________________________________ ____________________________________ Janet Prainito, City Clerk BY: Lori LaVerriere, City Manager APPROVED AS TO FORM: _________________________________ OFFICE OF THE CITY ATTORNEY SPECIAL MAGISTRATE ___________________________________ BY: Carol Dutra Ellis, Esq. State of ____________ County of ____________ The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the ______ day of _____________________, 20__ by WITNESS my hand and official seal __________________________ Notary Public, State of ________________________________ Printed, typed or stamped name of Notary Public exactly as commissioned Personally known to me, or Produced identification: __________________________ (type of identification produced) H:\_GOV CLIENTS\BB 306\_900182 GM\AGREEMENTS\Code Compliance Special Magistrate Agreement.docx 211 of 428 6. I CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-005 - EQUESTED CTION BY ITY OMMISSION Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City ER: XPLANATION OF EQUEST The term of the Collective Bargaining Agreement (CBA) for the Blue Collar bargaining unit of the SEIU Florida Public Services Union, CTW, CLC expired on September 30, 2013. The City and the Union began bargaining successor agreements in August 2013. Bargaining was completed in December 2013. The bargaining unit ratified the successor agreement on December 19, 2013. The term of the successor collective bargaining agreement is October 1, 2013 to September 30, 2014. As the final step in the collective bargaining process, staff is recommending that the Commission approve/ratify the successor agreement (attached) for implementation. Attachment: SEIU Florida Public Services Union, CTW, CLC – Blue Collar Bargaining Agreement H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Having a successor agreement in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. 212 of 428 FI: ISCAL MPACT A three percent (3%) wage increase for the bargaining unit has been budgeted in FY 13/14. A: LTERNATIVES Do not approve and ratify the agreement, which would result in maintaining the status quo for the contract period ending September 30, 2013 and return to the bargaining table for further negotiations of this contract. 213 of 428 RESOLUTION R14-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC – BLUE COLLAR UNIT FOR THE ONE YEAR PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – Blue Collar Unit have successfully concluded negotiations for a one (1) year contract; and WHEREAS , on December 19, 2013, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and authorize the City Manager and City Clerk to execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – Blue Collar Unit for the one (1) year period of October 1, 2013 through September 30, 2014, and authorizing and directing the City Manager and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". 214 of 428 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 7th day of January, 2014 . CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 215 of 428 216 of 428 217 of 428 218 of 428 219 of 428 220 of 428 221 of 428 222 of 428 223 of 428 224 of 428 225 of 428 226 of 428 227 of 428 228 of 428 229 of 428 230 of 428 231 of 428 232 of 428 233 of 428 234 of 428 235 of 428 236 of 428 237 of 428 238 of 428 239 of 428 240 of 428 241 of 428 242 of 428 243 of 428 244 of 428 245 of 428 246 of 428 247 of 428 248 of 428 249 of 428 250 of 428 251 of 428 252 of 428 253 of 428 254 of 428 255 of 428 256 of 428 257 of 428 258 of 428 259 of 428 260 of 428 261 of 428 262 of 428 263 of 428 264 of 428 265 of 428 266 of 428 267 of 428 268 of 428 269 of 428 270 of 428 271 of 428 272 of 428 273 of 428 274 of 428 275 of 428 276 of 428 277 of 428 278 of 428 279 of 428 280 of 428 281 of 428 282 of 428 283 of 428 284 of 428 285 of 428 286 of 428 287 of 428 288 of 428 289 of 428 290 of 428 6. J CONSENT AGENDA January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-006 - EQUESTED CTION BY ITY OMMISSION Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City ER: XPLANATION OF EQUEST The term of the Collective Bargaining Agreement (CBA) for the White Collar bargaining unit of the SEIU Florida Public Services Union, CTW, CLC expired on September 30, 2013. The City and the Union began bargaining successor agreements in August 2013. Bargaining was completed in December 2013. The bargaining unit ratified the successor agreement on December 19, 2013. The term of the successor collective bargaining agreement is October 1, 2013 to September 30, 2014. As the final step in the collective bargaining process, staff is recommending that the Commission approve/ratify the successor agreement (attached) for implementation. Attachment: SEIU Florida Public Services Union, CTW, CLC – White Collar Bargaining Agreement H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Having a successor agreement in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. 291 of 428 FI: ISCAL MPACT A three percent (3%) wage increase for the bargaining unit has been budgeted in FY 13/14. A: LTERNATIVES Do not approve and ratify the agreement, which would result in maintaining the status quo for the contract period ending September 30, 2013 and return to the bargaining table for further negotiations of this contract. 292 of 428 RESOLUTION R14-006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC – WHITE COLLAR UNIT FOR THE ONE YEAR PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – White Collar Unit have successfully concluded negotiations for a one (1) year contract; and WHEREAS , on December 19, 2013, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and authorize the City Manager and City Clerk to execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – White Collar Unit for the one (1) year period of October 1, 2013 through September 30, 2014, and authorizing and directing the City Manager and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". 293 of 428 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 7th day of January, 2014 . CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 294 of 428 295 of 428 296 of 428 297 of 428 298 of 428 299 of 428 300 of 428 301 of 428 302 of 428 303 of 428 304 of 428 305 of 428 306 of 428 307 of 428 308 of 428 309 of 428 310 of 428 311 of 428 312 of 428 313 of 428 314 of 428 315 of 428 316 of 428 317 of 428 318 of 428 319 of 428 320 of 428 321 of 428 322 of 428 323 of 428 324 of 428 325 of 428 326 of 428 327 of 428 328 of 428 329 of 428 330 of 428 331 of 428 332 of 428 333 of 428 334 of 428 335 of 428 336 of 428 337 of 428 338 of 428 339 of 428 340 of 428 341 of 428 342 of 428 343 of 428 344 of 428 345 of 428 346 of 428 347 of 428 348 of 428 349 of 428 350 of 428 351 of 428 352 of 428 353 of 428 354 of 428 355 of 428 356 of 428 357 of 428 358 of 428 359 of 428 360 of 428 361 of 428 362 of 428 363 of 428 364 of 428 365 of 428 366 of 428 367 of 428 7. A BIDS AND PURCHASES OVER $100,000 January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-007 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the City Manager to execute a contract and related documents between the City of Boynton Beach and Selectron Technologies, Inc. of Portland, Oregon for hosted services for an interactive voice response (IVR) system with web interface for a "not-to-exceed" amount of $300,000 as a result of RFP #051-2825-13/TWH "RFP FOR INTERACTIVE VOICE RESPONSE SYSTEM" ER: XPLANATION OF EQUEST On July 24, 2013, Procurement Services opened two proposals and one “No Bid” in response to the Request for Proposal for Interactive Voice Response (IVR) System, RFP #051-2825-13/TWH. An Evaluation Committee with representatives from the IT, Utilities, Customer Service, and Building Departments carefully reviewed the two proposals and Procurement Services requested references on the two proposing companies. Selectron Technologies, Inc. received the highest score of 421 out of a possible 500. The Customer Relations Division of the Utilities Department bills approximately 35,000 residents and businesses for utility services (water, sewer, storm water, reuse and refuse) and manages the customer billing and collection. A Request for Proposal (RFP No. 051-2825-13/TWH) was issued for an interactive voice response (IVR) system with web interface that would provide customer service 24 hours per day and would allow customers to access their utility account information; make payments electronically, and receive text/e-mail bill and past due payment notifications, and interface with the City’s SunGard H.T.E. system. The Request for Proposal also requested IVR with web 368 of 428 interface solutions for the Development Department’s Business Tax and Permitting Division to increase efficiency and demand. The RFP requested separate pricing for Customer Service and Development various elements in order to allow the City to award the RFP in pieces dependent on available funding. When reviewing the pricing proposed it became clear that there was not available funding for the Development Department’s IVR with web interface solutions. So currently staff is recommending the award only for the Customer Service IVR with web interface solutions and annual maintenance for five (5) years. The system is a turnkey system that will be hosted at Proposer’s data center and the City’s Utility Fund will pay an annual hosting fee. There will be an initial cost of approximately $99,000 and then yearly maintenance (hosting) fees for the subsequent four (4) years of $50,000 per year. All costs will be confirmed at time of contract execution. There is a Vendor Master Services and Hosting Agreement that will be reviewed by the City Attorney prior to execution by the City Manager. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES A state-of-the-art interactive voice response system with web interface will allow the City to accept calls and receive payments after business hours; send late notices to account holders; allow callers to log into their utility account and securely access account information; update contact information which would be especially helpful for seasonal residents changing the mailing address; and allow the customer the ability to stop service. FI: ISCAL MPACT Funding has been budgeted in the Utilities CIP Project #WTR150, account 403-5000- 536-31-90. A: Do not award the RFP and re-advertise. LTERNATIVES 369 of 428 RESOLUTION NO. R14-007 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #051-2825-13/TWH FOR “INTERACTIVE VOICE RESPONSE SYSTEM” TO SELECTRON TECHNOLOGIES, INC., OF PORTLAND, OREGON, FOR HOSTED SERVICES FOR AN INTERACTIVE VOICE RESPONSE SYSTEM WITH WEB INTERFACE FOR AN AMOUNT NOT-TO-EXCEED $300,000; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS , on July 24, 2013, Procurement Services received and opened two (2) proposals and one “no bid” in response to the Request for Proposal for Interactive Voice Response (IVR) System, RFP, #051-2825-13/TWH; and WHEREAS , an Evaluation Committee with representatives from the IT, Utilities, Customer Service and Building Departments carefully reviewed the two (2) proposals and Procurement Services requested references on the two proposing companies; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to award this RFP (#051-2825-13/TWH) for Interactive Voice Response System to Selectron Technologies, Inc., of Portland, Oregon in an amount not–to-exceed $300,000 and to authorize the City Manager to execute a contract and related documents between the City of Boynton Beach and Selectron Technologies, Inc. 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, upon recommendation of staff, hereby approves the award of RFP (#051-2825-13/TWH) for Interactive Voice Response System to Selectron Technologies, Inc., of Portland, Oregon in an amount not–to-exceed $300,000 and to authorize the City Manager to execute a contract 370 of 428 and related documents between the City of Boynton Beach and Selectron Technologies, Inc, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS 7th day of January, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 371 of 428 372 of 428 373 of 428 374 of 428 375 of 428 376 of 428 377 of 428 378 of 428 379 of 428 380 of 428 381 of 428 382 of 428 383 of 428 384 of 428 385 of 428 386 of 428 387 of 428 388 of 428 389 of 428 390 of 428 391 of 428 392 of 428 393 of 428 394 of 428 395 of 428 396 of 428 397 of 428 398 of 428 399 of 428 VENDOR CONTRACT FOR AN INTERACTIVE VOICE RESPONSE (IVR) SYSTEM “” THIS CONTRACT is entered into between the City of Boynton Beach, hereinafter referred to as SELECTRON TECHNOLOGIES, INC., of Portland, OR “the City”, and hereinafter referred to as “the Vendor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.PROJECT DESIGNATION. The Vendor is retained by the City to provide Hosting/Management and maintenance of an Interactive Voice Response System in connection with the project designated. 2.SCOPE OF SERVICES. Vendor 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 and to perform all the work as provided in the: “Request for Proposal for Interactive Voice Response (IVR) System” RFP No. 051-2825-13/TWH No modifications will be made to the original scope of work without the written approval of the City Manager or her designee. 3.TIME FOR PERFORMANCE. Work under this Contract shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and _180_ provide all work product required pursuant to this Contract by calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4.TERM: This Contract shall be for a period of five (5) years commencing on the date the Contract is executed by the City. 5.PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Contract as follows: $300,000.00 a. The total contract price not too exceed , shall be the maximum total amount of payment to vendor for services provided under this Contract for the entire term of the Contract. b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Contract signed by the City Manager or his designee. c. The Vendor may submit invoices to the City in accordance with Vendors’ proposal for RFP No. 051-2825-13/TWH for partial payment during the progress of the work on the project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. 400 of 428 d. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Contract and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Vendor’s records and accounts pertaining to this Contract are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Contract. Copies shall be made available upon request. 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this Contract shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor’s endeavors. 7.COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Contract, 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 Contract. 8.INDEMNIFICATION. Vendor 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 Vendor’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9.INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract professional liability insurance in the amount of $1,000,000 per occurrence to $2 million aggregate with defense costs in addition to limits. Said professional 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 Contract. 10.INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Contract. 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 Vendor, or any employee of Vendor. 11.COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to 401 of 428 pay any company or person, other than a bona fide employee working solely for the Vendor, 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. 12.DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this Contract, 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. 13.ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Contract without the express written consent of the City. 14.NON-WAIVER. Waiver by the City of any provision of this Contract or any time limitation provided for in this Contract shall not constitute a waiver of any other provision. 15.TERMINATION. The City reserves the right to terminate this Contract at any time by giving ten (10) days written notice to the Vendor. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Contract, if requested to do so by the City. This section shall not be a bar to renegotiations of this Contract between surviving members of the Vendor and the City, if the City so chooses. 16.DISPUTES. Any disputes that arise between the parties with respect to the performance of this Contract, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Contract shall be construed under Florida Law. 17.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Lori LaVerriere, City Manager Notices to Vendor shall be sent to the following address: Selectron Technologies, Inc. 7405 SW Tech Center Drive, Suite 410 402 of 428 Portland, OR 97223 Attn: Todd Johnston 18.INTEGRATED CONTRACT. This Contract, together with attachments or addenda, (Including Exhibit “A” – SCOPE OF SERVICES and Exhibit “B” – MASTER SERVICES AND HOSTING AGREEMENT) represents the entire and integrated Contract between the City and the Vendor and supersedes all prior negotiations, representations, or Contracts written or oral. This Contract may be amended only by written instrument signed by both City and Vendor. 18.1This contract shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without reference to its conflicts of law provisions. 18.2In the event of a conflict between the contract and the exhibits, the contract provision will followed. 18.3 Any dispute regarding this contract must be brought in State or Federal Court in the Palm Beach County, State of Florida, U.S.A. 19.PUBLIC RECORDS The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida’s Public Records Law. Effective July 1, 2013, Section 119.0701, Fla. Stat., the contractor shall: 19.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 19.2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 19.3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 19.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 403 of 428 DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Vendor Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 404 of 428 EXHIBIT “A” SCOPE OF SERVICES INTERACTIVE VOICE RESPONSE (IVR) SYSTEM RFP No.: 051-2825-13/TWH SCOPE OF WORK: Customer Relations Division Background The Customer Relations Division functions as a responsible steward of the City of Boynton Beach Utility Department. The Division bills approximately 35,000 residents and businesses for utility services (water, sewer, storm water, reuse and refuse). A business office with 10 customer service representatives manages customer billing and collection. The system will interface and exchange data with SunGard’s “hosted” CIS ASP system and complete a variety of transactions without staff intervention 24 hours per day, 7 days per week. This system will be utilized to meet the Customer Relations mission of providing exceptional customer service. st Customers in today’s 21 century are requesting/demanding this information as this is the expected technology. An IVR system will provide the following functionalities: Customers must at a minimum be able to:  Retrieve the current balance owed  Retrieve the last billing date and amount  Retrieve the last payment date and amount  Retrieve the next scheduled billing date  Access Transaction Logging  Access a Professional Voice Recording to navigate the IVR system Customers also may:  Request Payment History of Account status detail, to be delivered by fax or e-mail (if E- mail address is on file in the account)  Make payments with debit cards, credit cards or e-checks All services must be available in English, Spanish and Creole. City will determine the final languages to be used with the awarded vendor. The system must also have the capability to perform automated outbound communication in both text/e-mail or automated voice to include:  Send electronic bills (text/e-mail only)  Send past due notification  Send delinquency notification Customer Relations Division Statement Of Needs 405 of 428 The City desires to maintain a high quality of service while reducing demands on staffing, improving customer service and increasing revenue collection. With an IVR System, the most directly affected programs will be ACD Telephones, Payment Processing and Collections. The IVR System will enhance the ability to automatically select and contact delinquent customers by telephone or email, a courtesy extended to our customers that is currently a manual operation. Over the past five (5) years, the Division has seen steady growth in some activities and services offered. We accept credit/debit cards and changed office hours to a 4-day work week. Some indicators over the last five (5) years that have increased over previous years: Shut off for Non-pay accounts 40.6% Cashier Walk In Payments 6.0% Customer Service Transactions: ACD Telephone Calls Received 21.0% Abandon Call 190.0% Call Average Handle Time 2.0% Customer Relations Division Specific Requirements: It is required that the voice system: 1. Provide general information about the Customer Relations Division, including business hours, locations and options for making payments along with any special notices. 2. Provide information about after-hours services and information in regard to after-hours fees and specific requirements. 3. Provide customers the ability to inquire on general account information, including account balance, due date, past due amount, final notice date, last payment received amount and date. 4. Allow the customer the ability to pay their bill using a credit or debit card (Visa, MasterCard or American Express). 5. Allow the customer the ability to stop service. 6. Allow the customer to update contact information including, cell phone and home phone. 7. Schedule and initiate outbound calls to customers notifying them of an overdue account and schedule cut-off dates. The system gives the customer the option of making a payment during the notification call. 8. Support multiple calls or lines at one time. Provide information on the recommended number of phone lines/simultaneous callers your proposed IVR system can support. 9. Allow caller to exit at anytime to talk with a customer service representative. Explain how the proposed IVR system prevents callers from being hung up in a “loop” (unable to escape from routine). It is requested that an option for web-access include the above activities and 10. Allow customer the ability to update email contact information. 406 of 428 OVERALL SYSTEM REQUIREMENTS It is required that the IVR system:  Provides touch-tone telephone responses.  Includes a warranty and long-term maintenance contracts for five (5) year term.  Allows on line access to customer information. Explanation of System Capabilities It is required that Proposers submit details on the system capabilities by responding to each of the following: Experience with database information vendor 1. Explain the integration with SunGard H.T.E. 2. Described your relationship and work experience with SunGard H.T.E. 3. Is your company a “Preferred “ or “Non-Preferred” SunGard Public Sector Vendor? System 4. Explain the general architecture of the proposed system. Provide specifications on the hardware components that comprise the IVR system. 5. Define the operating system requirements. Define the scalability of the proposed system. Define the redundancy and failover built into the system. 6. Explain your hosting services and the options available. It is desired that the contractor host and maintain the IVR system. Customer experience 7. Explain how callers are directed through a menu of choices. What is done to keep these options brief and concise for callers? 8. Explain the expected amount of time a caller will be on the line for each of the requested functions. 9. Explain how the system prevents a caller from being hung in a “loop”, unable to exit from a menu or routine. What are the time-out options? 10. Explain the multi-lingual capabilities of the system. 11. Describe security options available to ensure that customers are hearing information for their own correct account, as well as to ensure that callers cannot randomly access other customers’ account information. City experience 407 of 428 12. Explain how the general information announcement about the Customer Relations Division can be updated by City staff. 13. Explain how the system interfaces with a credit/debit card processor to authorize electronic payments. 14. Explain how funds and payment files are received by the City of Boynton Beach. 15. Explain how the system supports delinquent notifications sent as email or a text message. 16. Explain the reporting capabilities and options of the system. Is the caller ID, date and time captured? Provide samples of the reports available within the system. What statistical usage reports are available? 17. Explain how modifications to call flows and announcements are made. What role will City staff play in this process? 18. Explain how the system will be maintained and supported. What role will City staff play? 19. Describe how the proposed system handles call transfer routines during normal business hours and outside normal business hours. 20. Explain how the proposed system’s interface will be made to the City’s PBX and ACD systems. 21. Explain how the IVR System will interface with the City of Boynton Beach’s existing SunGard H.T.E. System. System Implementation and Operating Requirements It is required that - 1. The Proposer provides a comprehensive implementation plan to include the following:  Project Timeline with key milestones  Resource allocation plan (City and Proposer)  Installation/Setup Plan  Training Plan  Testing/Acceptance Plan 2. The proposed system be compatible with and interface with the City’s “hosted” SunGard system (Version 8). 3. The proposed system can be offered as hosted or non-hosted. The submitted Proposal must distinguish the differences, to include but not limited to implementation, services, pricing. 4. It is preferred that the phone callout portion be a part of the IVR system or outsourced to handle volume or demand. 5. The proposed system meets the following system operating requirements: 408 of 428 a. Response Time The City will require that system applications operate within a response time limit of less than 3 seconds per on-line transaction. Response time is defined as the time elapsed between user execution of the transaction and the appearance of requested data. Proposers may be required to demonstrate system performance under normal City operating conditions. Proposers will provide response time expectations and benchmarks from similar customer configurations. b. Performance and Acceptance Period The City will withhold 15% of the contract amount as final payment until final acceptance of the system in the live environment. Final acceptance will be determined by the completion of a ninety (90) day testing period in the live environment and the completion of staff training. During the ninety (90) day period, the system will be tested for functional requirements, response time, uptime and performance. Any deficiencies will be addressed by the awarded vendor during this time period. At any time during the ninety (90) day period, the City may sign off on the final acceptance and release the final payment. c. Security Proposed systems shall provide necessary security features to maintain a controlled access environment. Security level features are needed to control access privileges (view, edit, add, delete) by user. Proposers are to define all system protection capabilities used to support a fully secure system. d. Backup and Restore Proposed systems must provide for the complete backup and recovery of data. Proposers shall specify procedures for the backup and recovery of all files related to the system. Proposers will describe system integrity features used to present data loss or corruption from unforeseen system failures and restarts. Procedures for logging and rolling back transactions must be included. Proposers are required to define all system procedures necessary for a completely recoverable system. e. Documentation The Proposer shall provide full systems documentation. Documentation is to include a detailed Users Guide, tool for Customer Service Representative, Systems Administrator Guide and other documents needed to operate and maintain the application. The Proposer shall give the City the right to make a sufficient number of copies of all documentation for its own internal use. f. Maintenance It is required that the Proposer provide a support services contract for the proposed system. Proposers are to identify the options, coverage levels and costs available under a service Contract. The Proposers will be responsible for correcting all errors in their software in an acceptable manner and timeframe. Proposers will define how such 409 of 428 corrections are made and in what timeframe. Proposers will quote annual service support costs per year for a five year time period. It is required that the Proposer supply the source code of all application software. Proposers are to indicate if the source code is provided with the application. If the Proposer does not provide the source code, the Proposer will be required to establish an escrow account to hold all source codes. In event the Proposer sells their business, merges or becomes insolvent the City will have the right of acquiring the source code at no additional cost. The Proposer will be responsible for upgrading the escrowed source code with new software releases. g. System Upgrades / New Releases It is required to ensure that updates do not compromise the integration with H.T.E. and H.T.E. updates will not compromise the IVR software. Proposer must demonstrate their ability to work with a hosted H.T.E. System to address this issue. It is required that the Proposers explain their approach to enhancing the software and what types of modifications will be included in upcoming released. The Proposer will notify the City in advance of software releases that significantly affect the hardware and/or software required to operate the new release. The Proposer will continue to support previous releases of the software for a minimum of two years after a release upgrade. 410 of 428 411 of 428 412 of 428 413 of 428 414 of 428 415 of 428 416 of 428 417 of 428 418 of 428 419 of 428 420 of 428 421 of 428 422 of 428 423 of 428 11. A UNFINISHED BUSINESS January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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. R14-008 - EQUESTED CTION BY ITY OMMISSION Approve Addendum to City Manager's Appointment Agreement based on City Commission discussion at December 17, 2013 City Commission meeting ER: In furtherance of the City Commission discussion at the XPLANATION OF EQUEST December 17, 2013 City Commission meeting, the Addendum attached hereto is to formalize the City Commission direction. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Three (3%) percent increase to base wage, funding for which was ISCAL MPACT included in the adopted FY13/14 budget. A: None. LTERNATIVES 424 of 428 RESOLUTION NO. R14-008 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING ADDENDUM TO THE CITY MANAGER’S APPOINTMENT AGREEMENT FOR A THREE (3%) PERCENT INCREASE TO BASE WAGE; AUTHORIZING THE MAYOR TO SIGN THE ADDENDUM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , on February 19, 2013, the City Commission approved an Appointment Agreement, appointing Lori LaVerriere as City Manager; and WHEREAS , at its meeting of December 17, 2013, the City Commission reviewed the Manager’s performance and authorized a three (3%) percent base wage increase; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the Addendum to Appointment Agreement for the City Manager which authorizes a three (3%) increase to base wage and to authorize the Mayor to sign the Addendum. 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 incorporated herein by this reference. Section 2 : That the City Commission of the City of Boynton Beach, Florida hereby approves the Addendum to Appointment Agreement for the City Manager’s three (3%) percent increase to base wage and authorizes the Mayor to sign the Addendum, a copy of which is attached hereto as Exhibit “A”. Section 3: This resolution shall become effective upon its passage and adoption by the City Commission. PASSED AND ADOPTED this 7th day of January, 2014. CITY OF BOYNTON BEACH 425 of 428 _______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 426 of 428 ADDENDUM TO APPOINTMENT AGREEMENT This Addendum dated the ___ day of January, 2014, amends the Appointment Agreement between the City of Boynton Beach and Lori LaVerriere, City Manager. Unless expressly modified by this Addendum, the original terms of the Appointment Agreement and any previous Addendum shall remain in full force. Pursuant to City Commission action taken December 17, 2013 the Appointment Agreement is amended as follows: 1.BASE SALARY. Employee’s annualized base salary of $165,000.00 is increased by 3% effective December 18, 2013. 2.Each and every other term and condition of the original Appointment Agreement, and any subsequent addendum, not herein specifically amended shall remain in full force and effect. 3.In the event of a conflict between the Appointment Agreement and this Addendum, the Addendum shall control. CITY OF BOYNTON BEACH, FLORIDA By: ___________________________ Dated: ________ JERRY TAYLOR Mayor CITY MANAGER ____________________ Dated:_______ LORI LAVERRIERE City Manager 427 of 428 14. A FUTURE AGENDA ITEMS January 7, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 7, 2014 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: Continue discussion of possible acquisition of Lake EQUESTED CTION BY ITY OMMISSION Ida Parcel (4 acres). 1/21/14 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 428 of 428