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Agenda 11-05-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, NOVEMBER 5, 2013 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 521 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Merker 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. Boynton Beach Firefighter's Benevolent Association and the Boynton Beach Veterans Council are pleased to announce the dedication ceremony for the 9- 11 Memorial that will take place at Veterans Memorial Park on December 7, 2013 at 10:00 am. This memorial includes a piece of steel from the World Trade Center and is dedicated to all those who lost their lives as the result of the terrorist attacks in New York City, Arlington Virginia, and Shanksville Pennsylvania on September 11, 2001. B. Presentation of the Bridges at Boynton Beach place-based initiative being implemented by the Children's Services Council (CSC) of Palm Beach County and Pathways to Prosperity (P2P). Giving the presentation is John Bartosek, Chief Communications Officer for the Children's Services Council; Kimberly Bush, Executive Director of Pathways to Prosperity; and Valencia Spells- Anderson, a member of the Bridges mission. C. Announce that The Links at Boynton Beach Golf Course team has won the Palm Beach County Interclub Championship for the 3rd year in a row. 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) 3 of 521 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternates Senior Advisory Board: 1 regular and 1 alternate Veterans Advisory Commission: 1 regular 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 purchase of Two (2) LIFEPAK 15 model cardiac monitors/defibrillators and associated accessories from Physio Control, Inc. located in Redmond, WA as a sole source purchase in the amount of $50,916.20. PROPOSED RESOLUTION NO. R13-119 B. - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for James and Karen Hannigan of 2389 S.W. 13th Way, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. PROPOSED RESOLUTION NO. R13-120 C. - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Geraldine Williams and Johnny Williams of 270 N.W. 8th Avenue, Boynton Beach, Florida, 33435 and authorizing the City Manager to execute the Subordination Agreement. D. Approve the minutes from the Regular City Commission meeting held on October 15, 2013 PROPOSED RESOLUTION NO. R13-121 E. - Approve an Agreement with Morton Salt, Inc., piggy-backing the Palm Beach County Bid Award for "Sodium Chloride, Solar Salt Quality, Bulk Delivery, Term Contract" based on Solicitation #13-081/SWC with Morton Salt, Inc. with the same terms, conditions, specifications and pricing. Estimated annual expenditure is $67,000 and authorizing the Mayor and City Clerk to execute the Agreement. 4 of 521 F. Approve the award of the Southeast Florida Governmental Purchasing Cooperative Bid #13-D-140F, issued by the City of Coral Springs as lead agency, for Temporary Employment Services to A & Associates; Albion Staffing Solutions, Inc.; Alpha 1 Staffing; and Tampa Service Co., Inc. d/b/a Pacesetter Personnel Services; on an "As Needed Basis". G. Approve award of Bid No: 005-2821-14/DJL "Purchase of Sodium Hydroxide Bulk Tank" to Harrington Industrial Plastics of Fort Lauderdale, FL, for the purchase of a replacement sodium hydroxide bulk tank. The total cost for this purchase is $49,962.12. H. Approve award of Bid No: 004-2821-14/DJL "Purchase of Clearwell Transfer Pump" to Hudson Pump and Equipment of Lakeland, FL, for the purchase of a replacement clearwell transfer pump. The total cost for this purchase is $37,100. PROPOSED RESOLUTION NO. R13-122 I. - Approve contract between the City of Boynton Beach and Golf Pipeline, Inc. to license a tee time booking service for "The Links" Boynton Beach Golf Course. PROPOSED RESOLUTION NO. R13-123 J. - Approve a contract with McTeague Construction Company of Stuart, Florida; Bid No. 003-1810-14/JMA in the amount of $48,199 for the Interior Renovation and Improvements for Fire Station 5 - Police Dispatch. Staff is requesting a 10% contingency in the amount of $4,820 for a total approved amount of $53,019. K. Approve the piggy-back of State of Florida Contract 600-760-11-1 for Mail Processing Equipment. with Pitney Bowes for a sixty (60) month lease for Mail Processing Equipment, Meter, 15" Color Touch Screen; 10 lb. Integrated Scale, Wireless Keyboard, Barcode Scanner and delivery, installation, and training for a five year total amount of $36,660.00 to be paid in monthly lease payments of $611. PROPOSED RESOLUTION NO. R13-124 L. - Amend the FY 2012-2013 budget to adjust budgeted appropriations to provide spending authority to maintain and carry on the government of the City of Boynton Beach including operating expenditures, transfers to other funds, and necessary capital outlay for FY 2012-2013. PROPOSED RESOLUTION NO. R13-125 M. - Ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their October 17, 2013 meeting and give authorization to amend Section 12 of the board rules to delete "Supplement for Relief Operators" and replace with "Supplement for Day Lead Operators and Mechanics". 7. BIDS AND PURCHASES OVER $100,000 A. Approve the First One Year Renewal of the piggy-back of the Office Supplies Contract No. 618-000-11-1 between the State of Florida Department of Management Services and Staples Contract and Commercial, and Office 5 of 521 Depot, Inc. under the same terms, conditions and pricing for an annual estimated expenditure of $175,000. B. Award Bid No. 078-2511-13/JMA, "TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES" to Image Janitorial Services, Inc. of Lake Park, FL. The estimated annual expenditure is $242,098.44 plus $50,000 for additional services, unscheduled /emergency cleanings, and personnel background checks for the contractor's staff for a total estimated annual expense of $292,098.44. This bid allows for two (2), one (1) year renewals. C. Approve utilizing the State of Florida Mobile Communication Services (MCS) Contract for wireless data services with Verizon Wireless and cellular phone services with AT & T, Sprint, and Verizon for various City Departments. The anticipated annual expense is approximately $140,000. The State of Florida competitive procurement requirements equal or exceed the City of Boynton Beach bid requirements. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Modification Order in case #09-3230 filed 7/9/13. B. Approve or modify the Code Compliance Board’s Lien Modification Order in case #11-852 filed 9/16/13. 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. PROPOSED ORDINANCE NO. 13-029 - FIRST READING A. - Amending the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and (TABLED ON OCTOBER 15, 2013) regulations. Applicant: City-initiated - PROPOSED ORDINANCE NO. 13-031 - FIRST READING B. - Approve Abandonment request for a portion of NE 4th Avenue between Federal Highway and NE 4th Street, in the CBD (Central Business District) Applicant: (REQUEST TABLING TO NOVEMBER 19, 2013) City-initiated. 10. CITY MANAGER’S REPORT A. Discuss parking fee collection and maintenance at Oceanfront Park. 6 of 521 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Consideration of providing the Boynton Beach Community Redevelopment Agency Board the authority to act as a review and recommendation body for major site plan applications for projects located within the CRA District boundaries. 13. LEGAL PROPOSED ORDINANCE NO. 13-030 - SECOND READING - PUBLIC A. HEARING - Approve Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Matters PROPOSED ORDINANCE NO. 032 - FIRST READING B. - Approve changes to Chapter 26 - Article IV and V– of the City’s Code of Ordinances pursuant to Chapter 62-555 of the Florida Administrative Code (FAC) and the Florida Plumbing Code. These codes regulate Backflow Prevention and, Oil and Grease Management programs; the revision will be effective December 1, 2013. PROPOSED RESOLUTION NO. R13-126 C. - Approve the one-year renewal to the Towing Franchise Agreement with Beck's Towing and Recovery, Inc. and Zuccala Wrecker Service, Inc. under the same Terms and Conditions but with an annual Franchise Fee of $95,000 for each vendor and to authorize the City Manager to execute the renewal agreement. 14. FUTURE AGENDA ITEMS A. Review and Approval of the City of Boynton Beach 2014 Legislative Agenda - 11/19/13 B. Approving an Ordinance amending the General Employees Pension Plan to include amendments that were made during the last legislative session to the Florida Statutes effecting pension plans - 11/19/13 C. Adoption of City of Boynton Beach Strategic Plan - 11/19/13 D. Consultant selection from RFQ for new Police Department space needs study and facility design services. 11/19/13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 7 of 521 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. 8 of 521 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Boynton Beach Firefighter's Benevolent EQUESTED CTION BY ITY OMMISSION Association and the Boynton Beach Veterans Council are pleased to announce the dedication ceremony for the 9-11 Memorial that will take place at Veterans Memorial Park on December 7, 2013 at 10:00 am. This memorial includes a piece of steel from the World Trade Center and is dedicated to all those who lost their lives as the result of the terrorist attacks in New York City, Arlington Virginia, and Shanksville Pennsylvania on September 11, 2001. ER: This announcement is to inform the citizens and the City XPLANATION OF EQUEST Commission of the scheduled dedication of the 9-11 Memorial in Veterans Memorial Park located at 411 N. Federal Highway in Boynton Beach, Florida. H? This memorial should enhance the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES parks memorial purpose and allow our citizens to visit and reflect on the tragic events of September 11, 2001. FI: No fiscal impact; all expended funds are from private donations to the ISCAL MPACT Benevolent Association for the purpose of creating and placing this memorial. A: Not to allow announcement. LTERNATIVES 9 of 521 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Presentation of the Bridges at Boynton Beach EQUESTED CTION BY ITY OMMISSION place-based initiative being implemented by the Children's Services Council (CSC) of Palm Beach County and Pathways to Prosperity (P2P). Giving the presentation is John Bartosek, Chief Communications Officer for the Children's Services Council; Kimberly Bush, Executive Director of Pathways to Prosperity; and Valencia Spells-Anderson, a member of the Bridges mission. ER: Bridges was developed as a means of achieving four goals; XPLANATION OF EQUEST 1) Children are born healthy, 2) Children grow up in a safe nurturing environment, 3) Children enter kindergarten ready to learn, and 4) Children demonstrate proficient literacy skills in third grade, in ten (10) neighborhoods in the county that were identified as struggling the most in achieving these goals. H? Bridges sites provide activities OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES throughout the neighborhood and community to build and strengthen neighborhoods so they can better support young children and their families. FI: N/A ISCAL MPACT A: Not allow the presentation. LTERNATIVES 10 of 521 11 of 521 12 of 521 13 of 521 14 of 521 15 of 521 16 of 521 17 of 521 18 of 521 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Announce that The Links at Boynton Beach Golf EQUESTED CTION BY ITY OMMISSION Course team has won the Palm Beach County Interclub Championship for the 3rd year in a row. ER: Palm Beach County Interclub Championship consists of teams (ladies & XPLANATION OF EQUEST men) from eleven different golf courses in Palm Beach County. Scoring for each tournament week is based on the Stableford Scoring System. Each team must have a minimum of 4 players / maximum of 6 players on tournament days. These matches were played over 8 weeks’ time from June thru August. All the golf courses take turns in hosting each tournament. The Links at Boynton Beach Golf Course team has won the Palm Beach County Interclub Championship rd for the 3 year in a row. This championship was started three years ago and the Links at Boynton Beach Golf Course has won the trophy every year. The trophy is displayed at the champion’s course until the next year tournament starts. List of Participating Golf Courses: The Links at Boynton Beach GC. Westchester CC, West Palm Beach GC, Delray Beach GC, Southwinds GC, Park Ridge GC, Osprey Point GC, Boca Municipal GC, Cypress Creek CC, Atlantis CC and Okeeheelee GC. The Links at Boynton Beach Golf Course Winning Championship Team Members: Mark Frederick, Joe Cassello, Carl Olesky, Steve Lucas, Bill Buckley, Don Boline, Dave Ogden, Ronnie Hinds and Joe Relling. Congratulations to all the players representing The Links at Boynton Beach Golf Course, the CHAMPIONS OF PALM BEACH COUNTY! H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT 19 of 521 A: Not allow announcement LTERNATIVES 20 of 521 5. A ADMINISTRATIVE November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: 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: 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternates Senior Advisory Board: 1 regular and 1 alternate Veterans Advisory Commission: 1 regular . 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 21 of 521 A: Allow vacancies to remain unfilled. LTERNATIVES 22 of 521 23 of 521 24 of 521 25 of 521 26 of 521 27 of 521 28 of 521 29 of 521 30 of 521 31 of 521 6. A CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 purchase of Two (2) LIFEPAK 15 model EQUESTED CTION BY ITY OMMISSION cardiac monitors/defibrillators and associated accessories from Physio Control, Inc. located in Redmond, WA as a sole source purchase in the amount of $50,916.20. ER: The Boynton Beach Fire Rescue Department initiated a 7- XPLANATION OF EQUEST year replacement plan of its thirteen (13) Physio-Control Inc, LIFEPAK 12 cardiac monitors/defibrillators during FY 08/09. This request will allow the department to complete the Final Phase of the plan by purchasing two (2) additional LIFEPAK 15 cardiac monitor/defibrillators. The LIFEPAK15 models are the next generation of cardiac monitor/defibrillators offered by Physio-Control Inc, (the sole source vendor) and are anticipated to replace the LIFEPAK 12 models by 2016.The LIFEPAK is used on a daily basis by our paramedics and is a key component to patient survivability. The LIFEPAK allows our paramedics the ability to acquire 4-lead ECG and 12-lead ECG monitoring in the field H? If approved, this purchase will allow OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the department the ability to complete the Fifth Phase (the sole source purchase of these devices initiated in FY08/09) of our cardiac monitor/defibrillators replacement plan, thus providing our paramedics and patients with the most cutting edge cardiac monitoring technology/equipment available today. FI:$50,916.20 The expense for the has been approved in the Fire ISCAL MPACT 001-2210-522-64-23. Department’s FY13/14 budget account number 32 of 521 A: Not authorize the purchase of the TWO (2) LIFEPAK 15 cardiac LTERNATIVES monitors/defibrillators thus postponing the completion of this replacement plan. 33 of 521 34 of 521 35 of 521 36 of 521 37 of 521 6. B CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED RESOLUTION NO. R13-119 - EQUESTED CTION BY ITY OMMISSION Approve Subordination Agreement allowing for a subordination of the City's Mortgage for James th and Karen Hannigan of 2389 S.W. 13 Way, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. EXPLANATION OF REQUEST: Subordination is, by definition, the acceptance by a lender in first position on a mortgage, of new charges, claims or mortgages on a given property. In subordination the original lender loses its first, or priority, position on the property and becomes subordinate to the new charge, claim or mortgage. In this case, Mr. & Mrs. Hannigan purchased their home through the City’s First Time Homebuyer Program in 2008. Their current mortgage was financed on July 8, 2008, with Freedom Mortgage for $109,620 at 6.75% maturing August 1, 2038. The Hannigans want to refinance their home with their current lender to a 22 year, FHA streamline mortgage for $104,452, at 4.75%. In doing so, they will reduce their monthly payments by $70.90. The Hannigans were granted a subordination request in August of this year, but did not follow through with the refinancing of their property; even though they were offered a good rate and term, there were excessive fees associated with the previous refinance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: There is no affect to city programs or services; the Hannigans are merely taking advantage of the current lower interest rates, and looking for financial relief. FISCAL IMPACT: There is no fiscal impact, as the City would still maintain its initial investment in the project of $29,000.00. ALTERNATIVES: Not to subordinate the mortgage. 38 of 521 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY’S MORTGAGE WITH JAMES HANNIGAN AND KAREN HANNIGAN IN FAVOR OF FREEDOM MORTGAGE CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF RESIDENTIAL FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of Freedom Mortgage Corporation for James Hannigan and Karen Hannigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the request for subordination of the City’s Mortgages and authorize the City Manager to execute the Subordination Agreement for James Hannigan and Karen Hannigan in favor of Freedom Mortgage Corporation, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 39 of 521 PASSED AND ADOPTED this _____ day of November, 2013. 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) 40 of 521 This Instrument Prepared by: Stacey R. Weinger, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the “Agreement”) is made this _____ day of November, Freedom 2013 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY") in favor of Mortgage Corporation (“Freedom”). W I T N E S S E T H: WHEREAS, the CITY is the owner and holder of that certain promissory note and second mortgage in the original principal amount of Twenty Nine Thousand and 00/100 Dollars ($29,000.00), executed on July 8, 2008, which Mortgage was recorded on July 14, 2008 in Official Records Book 22754, Page 0939 of the Public Records of Palm Beach County, Florida (collectively referred to as the “Mortgage”) by James and Karen Hannigan, husband and wife (collectively referred to as the “Mortgagors”), and WHEREAS, Mortgagors are the owners in fee simple of the following described real property (the “Property”), which Property is encumbered by the Mortgage: Lot 13, Block 79, PLAT OF SEVENTH SECTION PALM BEACH LEISUREVILLE, Plat Book 29 Page 145 of the Public Records of Palm Beach County, Florida. Tax Parcel No. 08-43-45-29-12-79-0130 WHEREAS, Freedom has agreed to refinance the Mortgagors loan, and grant a mortgage loan to the Mortgagors in the amount of $104,452.00 to be secured by a first mortgage encumbering the Property (hereinafter the “New Mortgage”), provided that the CITY’s Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount of $104,452.00 given by Mortgagors to Freedom, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, Florida. This subordination is only to the extent of the $104,452.00 loan and does not apply to any addition or future advances which may be made under the New Mortgage. 41 of 521 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on November, _____, 2013. CITY OF BOYNTON BEACH, a Signed, sealed and delivered Florida municipal corporation in the presence of: ____________________________ _______________________________ By: Lori LaVerriere, City Manager ____________________________ STATE OF FLORIDA COUNTY OF PALM BEACH Lori The foregoing instrument was acknowledged before me on this day of November, 2013 by LaVerriere, City Manager of theCity of Boynton Beach , on behalf of the CITY, who is either personally known to me or has produced a Florida Driver’s License as identification. ________________________________ NOTARY PUBLIC H:\_GOV CLIENTS\BB 306\_900182 GM\AGREEMENTS\Subordination Agreement- James and Karen Hannigan.doc 42 of 521 43 of 521 44 of 521 45 of 521 46 of 521 47 of 521 48 of 521 49 of 521 50 of 521 51 of 521 52 of 521 53 of 521 54 of 521 55 of 521 56 of 521 57 of 521 58 of 521 59 of 521 60 of 521 61 of 521 62 of 521 63 of 521 6. C CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED RESOLUTION NO. R13-120 - EQUESTED CTION BY ITY OMMISSION Approve Subordination Agreement allowing for a subordination of the City's Mortgage for th Geraldine Williams and Johnny Williams of 270 N.W. 8 Avenue, Boynton Beach, Florida, 33435 and authorizing the City Manager to execute the Subordination Agreement. Subordination is, by definition, the acceptance by a lender in first EXPLANATION OF REQUEST: position on a mortgage, of new charges, claims or mortgages on a given property. In subordination the original lender loses its first, or priority, position on the property and becomes subordinate to the new charge, claim or mortgage. In this case, the Williams rehabilitated their home through the City’s Home Improvement Program in 2011; their current mortgage was financed in August 10, 2006, with Midfirst Bank for $100,000 at 6.75%, maturing in September of 2021. The Williams want to refinance their home with the Home Affordable Refinance Program (HARP) to a current 30 year, conventional mortgage for $72,475 at 5.25%. In doing so, they will reduce their monthly payments by $518.73. There is no affect to city programs or HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: services; the Williams are merely taking advantage of a federal program designed to assist responsible homeowners that have found themselves underwater in their current mortgage[s], and looking for financial relief. There is no fiscal impact, as the City would still maintain its initial investment in FISCAL IMPACT: the project of $7,000.00. Not to subordinate the mortgage. ALTERNATIVES: 64 of 521 65 of 521 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY’S MORTGAGE WITH GERALDINE WILLIAMS AND JOHNNY WILLIAMS IN FAVOR OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR QUICKEN ; AUTHORIZING THE CITY MANAGER TO LOANS, INC EXECUTE THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF RESIDENTIAL FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans, Inc., for Geraldine Williams and Johnny Williams. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the request for subordination of the City’s Mortgages and authorize the City Manager to execute the Subordination Agreement for Geraldine Williams and Johnny Williams in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans, Inc., a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 66 of 521 PASSED AND ADOPTED this _____ day of November, 2013. 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) 67 of 521 This Instrument Prepared by: Stacey R. Weinger, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the “Agreement”) is made this _____ day of November, Mortgage 2013 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY") in favor of Electronic Registration Systems, Inc. as nominee for Quicken Loans, Inc. (“MERS”). W I T N E S S E T H: WHEREAS, the CITY is the owner and holder of that certain corrective promissory note and mortgage in the original principal amount of Seven Thousand and 00/100 Dollars ($7,000.00), executed on March 6, 2012, which Mortgage was recorded on April 5, 2012 in Official Records Book 25117, Page 1898 of the Public Records of Palm Beach County, Florida (collectively referred to as the “Mortgage”) by Geraldine and Johnnie Lee Williams, husband and wife (collectively referred to as the “Mortgagors”), and WHEREAS, Mortgagors are the owners in fee simple of the following described real property (the “Property”), which Property is encumbered by the Mortgage: Lot 3, Block 21, ROLLING GREEN RIDGE FIRST ADDITION, according to the Plat thereof, recorded in Plat Book 24, Page 223 of the Public Records of Palm Beach County, Florida. Tax Parcel No. 08-43-45-16-01-021-0030 WHEREAS, MERS has agreed to refinance the Mortgagors loan, and grant a mortgage loan to the Mortgagors in the amount of $72,475.00 to be secured by a first mortgage encumbering the Property (hereinafter the “New Mortgage”), provided that the CITY’s Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount of $72,475.00 given by Mortgagors to MERS, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, 68 of 521 Florida. This subordination is only to the extent of the $72,475.00 loan and does not apply to any addition or future advances which may be made under the New Mortgage. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on November, _____, 2013. CITY OF BOYNTON BEACH, a Signed, sealed and delivered Florida municipal corporation in the presence of: ____________________________ _______________________________ By: Lori LaVerriere, City Manager ____________________________ STATE OF FLORIDA COUNTY OF PALM BEACH Lori The foregoing instrument was acknowledged before me on this day of November, 2013 by LaVerriere, City Manager of theCity of Boynton Beach , on behalf of the CITY, who is either personally known to me or has produced a Florida Driver’s License as identification. ________________________________ NOTARY PUBLIC H:\_GOV CLIENTS\BB 306\_900182 GM\AGREEMENTS\Subordination Agreement-Geraldine and Johnny Williams.doc 69 of 521 70 of 521 71 of 521 72 of 521 73 of 521 74 of 521 75 of 521 76 of 521 77 of 521 78 of 521 79 of 521 80 of 521 6. D CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on October 15, 2013 The City Commission met on October 15, 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 81 of 521 82 of 521 83 of 521 84 of 521 85 of 521 86 of 521 87 of 521 88 of 521 89 of 521 90 of 521 91 of 521 92 of 521 93 of 521 94 of 521 95 of 521 96 of 521 97 of 521 98 of 521 99 of 521 100 of 521 101 of 521 102 of 521 103 of 521 104 of 521 105 of 521 106 of 521 107 of 521 108 of 521 109 of 521 110 of 521 111 of 521 112 of 521 113 of 521 6. E CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED RESOLUTION NO. R13-121 - EQUESTED CTION BY ITY OMMISSION Approve an Agreement with Morton Salt, Inc., piggy-backing the Palm Beach County Bid Award for "Sodium Chloride, Solar Salt Quality, Bulk Delivery, Term Contract" based on Solicitation #13- 081/SWC with Morton Salt, Inc. with the same terms, conditions, specifications and pricing. Estimated annual expenditure is $67,000 and authorizing the Mayor and City Clerk to execute the Agreement. BIDTERM: A20,2013A19,2014 UGUST THROUGH UGUST ER: XPLANATION OF EQUEST Sodium chloride (salt) is combined with water to produce a brine solution which is used by the East Water Treatment Plant on site chlorine generators (OSG) to generate sodium hypochlorite (liquid chlorine) via electrolysis; the West Water Treatment Plant OSG will be operational this year. This process requires the procurement of sodium chloride in large quantities. By piggy-backing the Palm Beach County Bid, the City receives the lower pricing based on the much larger quantities used by the County. A copy of the Palm Beach County Award Letter to Morton Salt, Inc. is attached. Palm Beach County has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. Recent fiscal expenditures are:  FY 2011/2012 - $36,950. 114 of 521  FY 2012/2013 - $32,155. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Water quality is of utmost importance to the water treatment plants. Little or no chlorine usage would pose great risks to public health and would prevent the water treatment plants from meeting state and regulatory water quality standards. FI: ISCAL MPACT The awarded bid price per ton for sodium chloride is $110.00. Funds are budgeted in account no. 401-2821-536-52-35. A: LTERNATIVES The City of Boynton Beach could issue its own bid for the purchase of bulk sodium chloride. 115 of 521 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A PALM BEACH COUNTY, FLORIDA BID #13-081/SWC WITH MORTON SALT, INC., FOR THE PROVISION OF GRANULAR SODIUM CHLORIDE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR AN ESTIMATED ANNUAL EXPENDITURE OF $67,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that Palm Beach County has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a Palm Beach County Bid #13-081/SWC and authorizes the Mayor and City Clerk to sign a Contract with Morton Salt, Inc., for the provision of sodium chloride for an estimated annual expenditure of $67,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a Palm Beach County Bid #13-081/SWC and authorizes the Mayor and City Clerk to sign a Contract with Morton Salt, Inc., for the provision of sodium chloride for an estimated annual expenditure of $67,000, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of November 5, 2013. 116 of 521 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) 117 of 521 CONTRACT FOR SODIUM CHLORIDE This Contract is made as of this ____ day of __________, 2013 by and between MORTON SALT, INC., a foreign corporation authorized to do business in the State of Florida, th with offices at 123 N. Wacker Drive, 26 Floor, Chicago, IL 60606 (“MORTON”), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”). RECITALS WHEREAS, sodium chloride is combined with water to produce a brine solution which is used by the on-site chlorine generators which are installed at the East Water Treatment Plant currently and the West Water Treatment Plant will be operational this year; and WHEREAS , MORTON, submitted a proposal dated September 17, 2013 to the City to provide sodium chloride in the approximate amount of $110.00 per ton delivered based on Palm Beach County, Florida Bid #13-081/SWC with an estimated annual expenditure of $67,000; and NOW THEREFORE , in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and MORTON agree that MORTON shall provide Sodium Chloride in the amount of $110.00 per ton delivered based on Palm Beach County Bid #13- 081/SWC with an estimated annual expenditure of $67,000, a copy of which is attached hereto as Exhibit “A”, except as hereinafter provided: A. All references to Palm Beach County, Florida shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 118 of 521 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The proposal from MORTON dated September 17, 2013, is attached hereto Exhibit “B”. Section 3. In the event that the Palm Beach County, Florida Contract is amended, or terminated, MORTON shall notify the City within ten (10) days. In the event the Palm Beach County, Florida Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. MORTON agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Palm Beach County, Florida Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA ATTEST: By:_________________________________ ___________________________________ Jerry Taylor, Mayor Janet M. Prainito, MMC, City Clerk APPROVED AS TO FORM: ___________________________________ James A. Cherof, City Attorney 119 of 521 MORTON SALT, INC. WITNESSES: ____________________________________ BY:_________________________________ Print Name: ____________________________________ Title: _________________________ ATTEST: ____________________________________ SECRETARY 120 of 521 EXHIBIT A AGREEMENT BETWEEN PALM BEACH COUNTY AND MORTON SALT, INC. 121 of 521 EXHIBIT B PROPOSAL FROM MORTON SALT, INC. DATED SEPTEMBER 17, 2013 122 of 521 123 of 521 124 of 521 125 of 521 126 of 521 127 of 521 128 of 521 129 of 521 130 of 521 131 of 521 132 of 521 133 of 521 134 of 521 135 of 521 136 of 521 137 of 521 138 of 521 139 of 521 140 of 521 141 of 521 142 of 521 143 of 521 144 of 521 145 of 521 6. F CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 award of the Southeast Florida EQUESTED CTION BY ITY OMMISSION Governmental Purchasing Cooperative Bid #13-D-140F, issued by the City of Coral Springs as lead agency, for Temporary Employment Services to A & Associates; Albion Staffing Solutions, Inc.; Alpha 1 Staffing; and Tampa Service Co., Inc. d/b/a Pacesetter Personnel Services; on an "As Needed Basis". BT:O15,2013O14,2015 ID ERM CTOBER THROUGH CTOBER ER: XPLANATION OF EQUEST The SE Florida Governmental Purchasing Cooperative Group is comprised of 46 government agencies which combines the buying power of the members to purchase products and services for the best available pricing. Twenty-seven (27) agencies in the tri-county area (Miami Dade, Broward, and Palm Beach) will be utilizing this bid for Temporary Employment Services. This bid has the option to renew for two (2) additional two-year periods. The City of Boynton Beach utilizes Temporary Employment Services for temporary assignments on an “As Needed Basis” in the Public Works Department for maintenance workers, equipment operators and facilities technicians. The workers are available at a low hourly rate and are available with 24 hour notice. Senior Office Assistants are used for City Departments with personnel shortage due to voluntary separation and/or retirement, and medical leave. The Temporary Employment Services Bid can provide the necessary skilled office staff for short term employment. 146 of 521 The City of Coral Springs has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Examples of positions and hourly wages are as follow: Position Vendor Hourly Rate Maintenance Worker A & Associates $10.25 Albion Staffing $10.40 Tampa Service $11.06 Facilities Technician A & Associates $11.00 Albion Staffing $12.54 Office Assistant A & Associates $12.50 Albion Staffing $11.56 Sr. Office Assistant A & Associates $12.75 Albion Staffing $13.44 Alpha 1 Staffing $13.75 FI: ISCAL MPACT Funds would be available from the requesting Department budget. A: LTERNATIVES Do not use the cooperative bid with its competitive pricing and issue our own bid. 147 of 521 148 of 521 149 of 521 150 of 521 151 of 521 152 of 521 153 of 521 154 of 521 155 of 521 156 of 521 157 of 521 158 of 521 159 of 521 160 of 521 161 of 521 162 of 521 6. G CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 award of Bid No: 005-2821-14/DJL EQUESTED CTION BY ITY OMMISSION "Purchase of Sodium Hydroxide Bulk Tank" to Harrington Industrial Plastics of Fort Lauderdale, FL, for the purchase of a replacement sodium hydroxide bulk tank. The total cost for this purchase is $49,962.12. ER: The Finance Department advertised and received four (4) XPLANATION OF EQUEST bids for Bid No. 005-2821-14/DJL “Purchase of Sodium Hydroxide Bulk Tank”; bid opening was October 2, 2013. The four (4) bids were reviewed by staff in the Utilities Department. Harrington Industries Plastics was the lowest most responsive, responsible bidder. The sodium hydroxide (NaOH) bulk tank at the West Water Treatment Plant (West WTP) has developed several leaks in recent years which, though repaired, are an indication of structural deterioration. Due to the corrosive nature of NaOH, these leaks pose risks to personnel safety and regulatory compliance. Thus, the tank needs to be replaced. H? NaOH is used at the West WTP to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES adjust pH, thereby preventing the scaling of pipelines. It is also used to neutralize hydrogen sulfide which is released to the atmosphere as a by-product of the treatment process. Any interruption in NaOH supply will negatively impact water quality as well as encourage the release of noxious odors to the atmosphere. FI: Funds are available for this purchase in account: ISCAL MPACT WTR017: 403-5000-590-96-02 163 of 521 A: Forego approving the purchase of the replacement tank but this could LTERNATIVES lead to deficiencies in personnel safety, water quality and regulatory compliance. 164 of 521 165 of 521 166 of 521 167 of 521 168 of 521 169 of 521 170 of 521 171 of 521 172 of 521 173 of 521 174 of 521 175 of 521 176 of 521 177 of 521 178 of 521 179 of 521 180 of 521 181 of 521 182 of 521 183 of 521 184 of 521 185 of 521 186 of 521 187 of 521 188 of 521 189 of 521 190 of 521 191 of 521 192 of 521 193 of 521 6. H CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 award of Bid No: 004-2821-14/DJL EQUESTED CTION BY ITY OMMISSION "Purchase of Clearwell Transfer Pump" to Hudson Pump and Equipment of Lakeland, FL, for the purchase of a replacement clearwell transfer pump. The total cost for this purchase is $37,100. ER: The Finance department advertised and received three (3) XPLANATION OF EQUEST bids in response to this solicitation. The Bids were publicly opened on October 9, 2013 and staff from the Utilities Department reviewed the bids. The clearwell transfer pumps at the West Water Treatment Plant (West WTP) transfer treated water from the clearwell to the onsite three million gallon ground storage tank for subsequent distribution to consumers. These pumps are the original pumps installed when the West WTP was built in 1993, and generally have a useful life of 10 years. Recently, maintenance has increased on these pumps requiring the need to consider a replacement schedule. As such, performance specs and drawings for a replacement pump were distributed for bid submittals, of which, Hudson Pump and Equipment were the lowest cost, most responsive bidder. H? Faulty clearwell transfer pumps OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES require a modification to the treatment process to maintain plant operation. This is achieved by bypassing the clearwell. However, this also results in reduced plant throughput capacity, deficiencies in water quality and regulatory compliance, and increased chemical usage leading to increased operational costs. FI: Funds are available for this purchase in CIP account: ISCAL MPACT 194 of 521 WTR017: 403-5000-590-65-02 A: Decline purchase of the replacement pump and perform ongoing LTERNATIVES maintenance of the existing pumps. 195 of 521 196 of 521 197 of 521 198 of 521 199 of 521 200 of 521 201 of 521 202 of 521 203 of 521 204 of 521 205 of 521 206 of 521 207 of 521 208 of 521 209 of 521 210 of 521 211 of 521 212 of 521 213 of 521 214 of 521 215 of 521 216 of 521 217 of 521 218 of 521 219 of 521 220 of 521 6. I CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED RESOLUTION NO. R13-122 - EQUESTED CTION BY ITY OMMISSION Approve contract between the City of Boynton Beach and Golf Pipeline, Inc. to license a tee time booking service for "The Links" Boynton Beach Golf Course. CP:N6,2013–N5,2014 ONTRACT ERIOD OVEMBER OVEMBER ER: To allow Golf Pipeline, Inc. to sell unsold tee times at our XPLANATION OF EQUEST rack rate (the cost of playing golf at a certain time of the day) that our registered golfers have not pre-booked. The Links at Boynton Beach Golf Course registered golfers have “8” days in advance to make a tee time. Golf Pipeline, Inc. registered golfers will have “6” days in advance to make a tee time. Golf Pipeline, Inc. will receive 6% of the total sale from each golfer they have pre-booked into one of our empty tee-time spots. The Links at Boynton Beach Golf Course will make additional revenue from this without lowering the value of our golf course product. During the last 3 months of the contract period, staff will review the results and effectiveness of this service and make a recommendation as to whether to continue and extend the contract for an additional year or let the contract terminate at the end of the initial year. H? There will be no effects on the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of Boynton Beach Golf Course programs or customer services. 221 of 521 FI: This is a new venue for The Links at Boynton Beach Golf Course, so the ISCAL MPACT fiscal impact is to be determined. Selling unused tee times at our rack rate is an additional source of revenue for the Golf Course. Results will be monitored by staff during the term of the contract. A: Not to approve the contract and possible loss of revenue from unsold LTERNATIVES tee times. 222 of 521 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GOLF PIPELINE, INC., TO LICENSE A TEE TIME BOOKING SERVICE FOR THE LINKS BOYNTON BEACH GOLF COURSE WHICH WILL PROVIDE A REVENUE TO THE GOLF COURSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Links at Boynton Beach Golf Course has unsold tee times that registered golfers have not pre-booked; and WHEREAS , Golf Pipeline, Inc., will sell the unsold tee times at the Golf Course’s rack rate (the cost of playing golf at a certain time of the day) that are not pre-booked; and WHEREAS, Golf Pipeline, Inc., will receive 6% of the total sale from each golfer they have pre-booked into one of the Links’ empty tee time spots; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve an Agreement with Golf Pipeline, Inc., to sell unsold tee times that The Links’ registered golfers have not pre-booked. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an Agreement with Golf Pipeline, Inc., to sell unsold tee times that The Links’ registered golfers have not pre-booked and authorize the City Manager to execute the Agreement, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 2013. 223 of 521 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) 224 of 521 225 of 521 226 of 521 227 of 521 228 of 521 229 of 521 6. J CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED RESOLUTION NO. R13-123 - EQUESTED CTION BY ITY OMMISSION Approve a contract with McTeague Construction Company of Stuart, Florida; Bid No. 003-1810- 14/JMA in the amount of $48,199 for the Interior Renovation and Improvements for Fire Station 5 - Police Dispatch. Staff is requesting a 10% contingency in the amount of $4,820 for a total approved amount of $53,019. ER: XPLANATION OF EQUEST On October 10, 2013, Procurement Services opened six (6) bids in response to an Invitation to Bid for the “Interior Renovation and Improvements for Fire Station 5/EOC – Police Dispatch”, Bid No. 003-1810-14/JMA. The Bid was issued to solicit proposals for the renovation of existing space within Fire Station 5 to create a new police dispatch area. One bid from OAC Action Construction of Miami, Florida was declared “Non- Responsive” for failing to provide the Mandatory Site Inspection signed by the Project Manager. The Engineering Division carefully reviewed the remaining bids and recommends award of this project to McTeague Construction Company as the lowest, most responsive, responsible bidder. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Communication Services (Police Dispatch) is currently located in the East Wing of City Hall. Frequent roof leaks jeopardize the integrity of the sensitive electronic equipment used in police and fire dispatch. By relocating to Fire Station 5/EOC, Communication Services will be located in a newer building with our Emergency Operations Center; a building that will withstand a Category 5 hurricane. 230 of 521 FI: ISCAL MPACT Funds are available in CIP Account No. 302-4122-519-64-02; Project no. PD1209. A: LTERNATIVES Re-bid this project or do not proceed with the renovation to Fire Station 5/EOC which would prohibit moving Communication Services from City Hall. 231 of 521 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE CITY MANAGER OF A CONTRACT WITH MCTEAGUE CONSTRUCTION CO., INC., OF STUART, FLORIDA FOR BID #003-1810-14/JMA FOR THE INTERIOR RENOVATION AND IMPROVEMENTS FOR FIRE STATION 5 – POLICE DISPATCH IN THE AMOUNT OF $48,199.00 PLUS A 10% CONTINGENCY OF $4,820.00 FOR A TOTAL PROJECT AMOUNT OF $53,019.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 10, 2013, Procurement Services received and opened six (6) bids submitted in response to an Invitation to Bid #003-1810-14/JMA “Interior Renovation and Improvements for Fire Station 5/EOC-Police Dispatch”; and WHEREAS, staff reviewed the bid proposals and it was determined that McTeague Construction Co., Inc., of Stuart, Florida was the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with McTeague Construction Co., Inc., of Stuart, Florida for Bid #003-1810-14/JMA for the “Interior Renovation and Improvements for Fire Station 5/EOC – Police Dispatch” in the amount of $48,199.00 plus a 10% contingency of $4,820.00 for a total project amount of $53,019.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award and authorizes the City Manager to execute a Contract with McTeague Construction Co., Inc., of Stuart, Florida for Bid #003-1810-14/JMA for the “Interior 232 of 521 Renovation and Improvements for Fire Station 5/EOC – Police Dispatch” in the amount of $48,199.00 plus a 10% contingency of $4,820.00 for a total project amount of $53,019.00, a copy of which Contract is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of November, 2013. 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) 233 of 521 234 of 521 235 of 521 236 of 521 237 of 521 238 of 521 239 of 521 240 of 521 241 of 521 242 of 521 243 of 521 244 of 521 245 of 521 246 of 521 247 of 521 248 of 521 249 of 521 250 of 521 251 of 521 252 of 521 253 of 521 254 of 521 255 of 521 256 of 521 257 of 521 258 of 521 259 of 521 260 of 521 261 of 521 262 of 521 263 of 521 CONTRACT FOR CONSTRUCTION SERVICES THIS AGREEMENT, made and entered into this _______ day of ________________, 2013, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter McTEAGUE CONSTRUCTION COMPANY, Inc.. called the “City” and a Florida Corporation (_X__) Check One a Florida General Partnership (____) a Florida Limited Partnership (____) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH that under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the $48,199.00 total amount of submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0AGREEMENT 1.1The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon October 10, 2013 the bid of the CONTRACTOR, dated , which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: INTERIOR RENOVATION AND IMPROVEMENTS FOR FIRE STATION 5/EOC – POLICE DISPATCH Bid Number: 003-1810-14/TWH City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR’S bid in the amount of: $48,199.00. 264 of 521 2.0SCOPE OF SERVICES 2.1CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 265 of 521 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under “authority of the engineer” shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0COMMENCEMENT OF WORK 3.1CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written “Notice to Proceed” of the CITY and to 90 fully complete the project within calendar days following the commencement date as specified in same. 3.2Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated 266 of 521 damages from the CONTRACTOR or his Surety. 3.3CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ an that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0LIQUIDATED DAMAGES 1,500.00 4.1The CONTRACTOR further agrees to pay $ per day as liquidated damages, for failure to begin within ten (10) days of “Notice to Proceed” or 120 failure to complete the work within calendar days from the commencement date to be indicated in the written “Notice to Proceed”. 5.0PROTECTION OF EXISTING FACILITIES 5.1The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0INDEMNIFICATION 6.1The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act 267 of 521 of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and appellate attorney’s fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY’S and CONTRACTOR’S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment “A” herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 7.0PAYMENT BY CITY 7.1The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 268 of 521 8.0CHANGES IN THE WORK 8.1The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4Changes in the work directed in writing by the CITY’S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY’S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be 269 of 521 subject to review to determine if a new unit price should be negotiated; or 8.4.2If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR’S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5In no case shall the CONTRACTOR and Subcontractors’ general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6In no case shall the CONTRACTOR’S cost for administering subcontracts exceed five (5) percent of the subcontractors’ cost not including subcontractors’ profit. 8.4.3.7For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, 270 of 521 the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, “Rental Rates for Construction Equipment”. Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field change Directive or Change Order. 9.0PROJECT ARCHITECT 9.1The project Architect shall be Anderson W. Slocombe, Florida-Caribbean Architecture; 7 Erwood Place, Boynton Beach, FL 33426. 9.2The Architect shall have general supervision and direction of the work. The Architect is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3As the Architect is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0INSURANCE 10.1The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, 271 of 521 covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR’S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment “A”. 10.2Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0TERMINATION OF CONTRACT 12.1If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days’ written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit 272 of 521 his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY’S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1Complete the contract in accordance with its terms and conditions, or 12.1.2Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 13.0CONTRACT CONTROLS 13.1The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0TIME OF ESSENCE 14.1Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0REMEDY FOR DELAY 15.1In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 273 of 521 15.3All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 15.4For the purpose of this section the phrase “the CITY, its agents and employees” shall include but shall not be limited to the architect, project manager and consulting engineers. 16.0 PUBLIC RECORD 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: 16.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 16.2. 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; 16.3. 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 16.4 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. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: 274 of 521 _____________________________ ______________________________________ City Clerk City Attorney Signed, sealed and witnessed CONTRACTOR in the presence of: _____________________________ ______________________________________ President or the Vice President _____________________________ ______________________________________ Attest as to Contractor State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me duly authorized to administer oaths ______________________________________________ to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. _____________________________________________________ Notary Public My Commission Expires: ________________________________ WARRANTY The undersigned, ________________________________________________________________, hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from the work conveyed to the City of Boynton Beach (the “City”), pursuant to that certain Bill of Sale or Plans dated ______________ which is result of a defect in the materials or workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible or, if such repairs have already been made by the City, the undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except, however, 275 of 521 nothing contained herein shall be construed to release the undersigned from liability for damage or defect caused by acts of the undersigned or its employees or agents in connection with the completion by the undersigned of the project). Date: _____________________________ By: ________________________________ President ________________________________ Name of Company (CORPORATE SEAL) 276 of 521 STATE OF FLORIDA ) SS: COUNTY OF _____________) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared ______________________________________________, Florida Corporation and general partner of ____________________________________________. A Florida limited partnership, to me known to be person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the uses and purposes therein expressed. __________________________________ Notary Public, State of Florida My Commission Expires: WARRANTY OF TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF___________________ __________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a ______________________ corporation which is named in Construction Contract dated the _______ day of _______________________, 2013, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment dated __________________, passes to the Owner at the time of payment free and clear of 277 of 521 all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 2013. ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) FINAL ESTIMATE RECONCILIATION AGREEMENT This Final Estimate Reconciliation Agreement covering the period from _________________, to _________________, supersedes any and all previous correspondence or verbal agreement regarding deletions or additions to the scope of work in the performance of the contract dated ______________ for construction of ___________________________ and all appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate No. ____ are correct and the amount of $_____________ constitutes final payment, including retainage, and Change Order No. ___________ for all materials furnished and work performed by _______________________________, Contractor, and all other contractors, in the construction and completion of the above project, all which were to be performed in strict accordance with the terms of the original contract. It is further agreed and understood that the one-year warranty period of workmanship and materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton Beach, as outlined in Paragraph C-15 of the original agreement. 278 of 521 By:_____________________________________ RECOMMENDED FOR APPROVAL: By: ____________________________ ACCEPTED:_____________________________ By:_____________________________________ Date:___________________________________ State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me duly authorized to administer oaths ______________________________________________ to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. _____________________________________________________ Notary Public My Commission Expires: ________________________________ 279 of 521 6. K CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 piggy-back of State of Florida Contract EQUESTED CTION BY ITY OMMISSION 600-760-11-1 for Mail Processing Equipment. with Pitney Bowes for a sixty (60) month lease for Mail Processing Equipment, Meter, 15" Color Touch Screen; 10 lb. Integrated Scale, Wireless Keyboard, Barcode Scanner and delivery, installation, and training for a five year total amount of $36,660.00 to be paid in monthly lease payments of $611. LT:AN30,2013–N30,2018 EASE ERM NTICIPATED LEASE TERM OVEMBER OVEMBER ER: XPLANATION OF EQUEST The City’s existing five-year lease with Pitney Bowes for mail processing equipment expires February 27, 2014. The City currently pays $689.79 per month with State of Florida contract pricing for the mail processing equipment. Pitney Bowes has provided a revised pricing proposal, a copy of which is attached. The proposed sixty-month lease would be $611.00 per month. The Pitney Bowes Connect 3000 Postage Machine offers advanced technology, faster scanning and processing, with a cost reduction in the monthly lease payment and the ability to process Certified Mail on site, saving the City $1.20 per letter. Pitney Bowes does not require a separate lease agreement. They accept the City’s purchase order as the agreement along with all pertinent information concerning the lease equipment. The new lease will reduce the current annual lease cost by approximately $945 per year. 280 of 521 The State of Florida complied with public competitive requirements that equal or exceed the City of Boynton Beach bid requirements. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By leasing our own mailing system, the City maintains more control over postage; enjoys the convenience of posting the City’s mail in the Clerk’s office rather than carrying the mail to the Post Office and waiting for the mail to be processed. FI: ISCAL MPACT Funds are available in the City Hall General Administration account number 001-1211-512-44-30. With a lease payment of $611.00 per month, the annual expenditure for the lease is $7,332.00, A: LTERNATIVES The alternative to leasing mail processing equipment would be to carry the mail twice daily to the post office for processing. 281 of 521 282 of 521 283 of 521 6. L CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-124 - EQUESTED CTION BY ITY OMMISSION Amend the FY 2012-2013 budget to adjust budgeted appropriations to provide spending authority to maintain and carry on the government of the City of Boynton Beach including operating expenditures, transfers to other funds, and necessary capital outlay for FY 2012-2013. ER: XPLANATION OF EQUEST After a second review of all funds for FY2012-2013, there is a need to request additional adjustments to the appropriations that the Commission approved by R12-096 on September 18, 2012 and adjusted by R13-104 approved on October 1, 2013. The adjustments to the budgets will address previous City Commission approval of the Commercial Grant Program, Vehicle purchases and unforeseen events or funding shortfalls that have occurred. Staff is recommending approval of these budget adjustments for FY 2012-2013.  The Community Improvement Fund will be amended from $389,544 to $443,544 to establish budget for the Commercial Grant Program in the amount of $54,000 as previously approved by the City Commission. These dollars are used to support new small business initiatives in the City of Boynton Beach.  The Fleet Fund will be amended from $6,734,971 to $7,683,177 to include adjustment approved by City Commission on May 21, 2013 for purchase of vehicles in the amount of $948,206 that was inadvertently overlooked when preparing R13-104 approved by the City Commission on October 1, 2013. 284 of 521 H? No affect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: See the updated Exhibit A summary. ISCAL MPACT A: No alternatives if the City is to follow good budgeting practices and LTERNATIVES governmental accounting standards. 285 of 521 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CURRENT ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted a budget submitted by the City Manager based on estimated revenues of the City of Boynton Beach for fiscal year 2012-2013; and WHEREAS, the City Manager has now adjusted estimated revenues for fiscal year 2012-2013, and WHEREAS, the City Manager has made recommendations to amend the budget by adjusting the amounts necessary to be appropriated for fiscal year 2012-2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby amends the currently adopted budget, a copy of which is attached hereto as Exhibit “A”, appropriations set out therein for the fiscal year beginning October 1, 2012 and ending September 30, 2013, to maintain and carry on the government of the City of Boynton Beach, Florida. Section 3. There is hereby an increase of the appropriation by $54,000 to an amended appropriated sum of $443,544 to the Community Improvement Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 4. There is hereby an increase of the appropriation by $948,206 to an amended appropriated sum of $7,683,177 to the Fleet Maintenance Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 5. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the 286 of 521 remaining portions of this Resolution. Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of ______________, 2013. 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) 287 of 521 288 of 521 289 of 521 290 of 521 291 of 521 6. M CONSENT AGENDA November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED RESOLUTION NO. R13-125 - Ratify EQUESTED CTION BY ITY OMMISSION the action of the South Central Regional Wastewater Treatment and Disposal Board at their October 17, 2013 meeting and give authorization to amend Section 12 of the board rules to delete "Supplement for Relief Operators" and replace with "Supplement for Day Lead Operators and Mechanics". ER: On October 17, 2013, the South Central Regional XPLANATION OF EQUEST Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on the item that is now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI : ISCAL MPACT A: Do not ratify the actions of South Central Regional Wastewater LTERNATIVES Treatment and Disposal Board. 292 of 521 293 of 521 294 of 521 7. A BIDS AND PURCHASES OVER $100,000 November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 First One Year Renewal of the piggy- EQUESTED CTION BY ITY OMMISSION back of the Office Supplies Contract No. 618-000-11-1 between the State of Florida Department of Management Services and Staples Contract and Commercial, and Office Depot, Inc. under the same terms, conditions and pricing for an annual estimated expenditure of $175,000. TERMOFCONTRACT: O17,2013O17,2014 CTOBER THROUGH CTOBER ER: XPLANATION OF EQUEST On November 16, 2010, City Commission approved contracts between the City of Boynton Beach and Office Depot, Inc. and Staples Contract and Commercial based on piggy-backing the contracts issued by the State of Florida Department of Management Services as a result of the Invitation to Negotiate No. 618-001-10-1for Office and Educational Consumables. The State of Florida complied with public competitive bid requirements that equaled or exceeded the City of Boynton Beach bid requirements. The contract term was October 18, 2010 through October 17, 2013. The State of Florida has renewed the contracts for a period of one year effective October 17, 2013 and expiring on October 17, 2014 with the same terms and conditions. City Departments order their own supplies by ordering on-line with next day delivery from Office Depot and Staples. This has proven to be very effective in the ordering, processing and delivery of office supplies to the many Departments within the City. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Purchasing Coordinators for each Department will continue to order supplies on-line. 295 of 521 FI: ISCAL MPACT Funds for purchase are from each Department’s budgeted office supplies account. Office Supplies Expenditures for Fiscal Year 2012: $128,000. Office Supplies Expenditures for Fiscal Year 2013: $145,000. A: LTERNATIVES The City could issue its own bid for office supplies, but bid prices could be much higher than the prices negotiated by the State of Florida which was based on large quantities. 296 of 521 297 of 521 298 of 521 7. B BIDS AND PURCHASES OVER $100,000 November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Award Bid No. 078-2511-13/JMA, "TWO YEAR EQUESTED CTION BY ITY OMMISSION CONTRACT FOR CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES" to Image Janitorial Services, Inc. of Lake Park, FL. The estimated annual expenditure is $242,098.44 plus $50,000 for additional services, unscheduled /emergency cleanings, and personnel background checks for the contractor's staff for a total estimated annual expense of $292,098.44. This bid allows for two (2), one (1) year renewals. BIDAWARDPERIOD:D2,2013D1,2015 ECEMBER TO ECEMBER ER: The City contracts with a vendor for custodial services for XPLANATION OF EQUEST various Municipal buildings and facilities as opposed to hiring City employees to perform this service. The existing contract expired September 30, 2013 and the City decided not to exercise its renewal option for an additional year. The current vendor agreed to extend the contract for 60 days to allow for a bid to be advertised, reviewed and awarded. On October 2, 2013, Procurement Services opened seven (7) bids from vendors. One (1) bid was determined to be non-responsive due to the lack of providing a Bid Bond as required by the bid. The City also received two (2) no bids. The remaining six (6) bids were reviewed and calculated by the Facilities Management Supervisor and references were checked by the Senior Buyer. The Public Works Department recommends awarding the bid to Image Janitorial Services, Inc. as the lowest, most responsive and responsible bidder who met all specifications of the bid. 299 of 521 H? The purpose of this bid is to secure OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the best, most economical custodial services contractor to clean all City facilities excluding the Golf Course and Utilities. FI: Funding has been budgeted in Facilities Management Account #001- ISCAL MPACT 2511-519-34.10 for FY 13/14. A: Hiring personnel to clean as an in-house service instead of contractual LTERNATIVES which would include salaries, benefits, supplies, equipment, and vehicles. 300 of 521 301 of 521 302 of 521 303 of 521 304 of 521 305 of 521 306 of 521 307 of 521 308 of 521 309 of 521 310 of 521 311 of 521 312 of 521 313 of 521 314 of 521 315 of 521 316 of 521 317 of 521 318 of 521 319 of 521 320 of 521 321 of 521 322 of 521 323 of 521 324 of 521 325 of 521 326 of 521 327 of 521 328 of 521 329 of 521 330 of 521 331 of 521 332 of 521 333 of 521 334 of 521 335 of 521 336 of 521 337 of 521 338 of 521 339 of 521 340 of 521 341 of 521 342 of 521 343 of 521 344 of 521 345 of 521 346 of 521 347 of 521 348 of 521 349 of 521 350 of 521 351 of 521 352 of 521 353 of 521 354 of 521 355 of 521 7. C BIDS AND PURCHASES OVER $100,000 November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 utilizing the State of Florida Mobile EQUESTED CTION BY ITY OMMISSION Communication Services (MCS) Contract for wireless data services with Verizon Wireless and cellular phone services with AT & T, Sprint, and Verizon for various City Departments. The anticipated annual expense is approximately $140,000. The State of Florida competitive procurement requirements equal or exceed the City of Boynton Beach bid requirements. TPC:O1,2013–S30,2014 IME ERIOD OVERED CTOBER EPTEMBER ER: XPLANATION OF EQUEST The City of Boynton Beach has been utilizing the State of Florida MCS Contracts DMS- 10/11-008A – AT & T Mobility; DMS-10/11-008B – Sprint Solutions; and DMS-10/11- 008C – Verizon Wireless for all wireless communications needs. For Fiscal Year 2014, the Police Department (including Code Enforcement) anticipates an estimated expenditure of $109,200 with Verizon Wireless for their wireless data (air cards) used with their laptop computers. In addition, I -Pads, cell phones and smart phones that are critical in the performance of their duties use Verizon as their wireless provider. Various other City departments including Fire, Development and Utilities utilizes this contract for cell phones, telephone and internet service and air cards. 356 of 521 City-wide expenditures for wireless services with AT & T, Sprint/Nextel, and Verizon over the past two fiscal years were: FY 2013: $130,000.00 FY 2012: $152,800.00 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Utilizing the State of Florida MCS contract for wireless data services provides the City Departments with the various communication services and devices needed in order to perform their respective responsibilities and services to the City and its residents. FI: ISCAL MPACT Participating City Departments have budgeted for this expense in their respective Fiscal Year 2014 budgets. A: LTERNATIVES The City could issue its own bid for these services. 357 of 521 358 of 521 359 of 521 360 of 521 361 of 521 362 of 521 363 of 521 364 of 521 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 or modify the Code Compliance Board's EQUESTED CTION BY ITY OMMISSION Lien Modification Order in case #09-3230 filed 7/9/13. ER: Pursuant to Chapter 2, Article V of the City of Boynton XPLANATION OF EQUEST Beach Code of Ordinances, the applicant filed an appeal to the Board’s Lien Reduction Modification Order. The basis for the appeal is further described in the applicant’s correspondence and is included in the back up (exhibit “B”). st The applicant, Eric Chirinsky, is the current owner of the property at 215 SW 1 St. The property was purchased from Bank of New York in February 2013. The lien was filed against the Bank of New York for the following violations – non-registration of property in foreclosure, overgrown yard areas, overgrown vegetation and unsecured dwelling. The case was heard by the Code Board on January 20, 2010. The compliance date and fine set by the Code Board was to comply by 2/4/10 or a fine in the amount of $250.00 per day plus administrative fees would be imposed thereafter. In addition to the Code lien, there were 2 municipal liens and an outstanding water bill of nearly $3,000.00. Mr. Chirinsky paid the municipal liens and water bill and also corrected several other violations on the property in addition to the violations that were cited in the lien case. Mr. Chirinsky met all the requirements for lien reduction and the case was presented to the Code Board on 6/26/13 (minutes – Exhibit “C”). After discussion the Code Board ruled to reduce the fines from $304,230.15 to $3,730.15. Mr. Chirinsky is requesting further reduction. 365 of 521 H? The property is in compliance and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES therefore has no impact on our programs or services FI: The primary concern is the safety and welfare, as well as, compliance ISCAL MPACT with the City Codes. Any monies over and above the administrative fee of $730.15 will be supplemental. A: Modify findings of Code Board. LTERNATIVES 366 of 521 367 of 521 368 of 521 369 of 521 370 of 521 371 of 521 372 of 521 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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 or modify the Code Compliance Board’s EQUESTED CTION BY ITY OMMISSION Lien Modification Order in case #11-852 filed 9/16/13. ER: Pursuant to Chapter 2, Article V of the City of Boynton XPLANATION OF EQUEST Beach Code of Ordinances, the applicant filed an appeal to the Board’s Lien Reduction Modification Order. The basis for the appeal is further described in the applicant’s correspondence and is included in the back up (Exhibit “B”). The applicant, Paul Roiff is the manager for Coquina Cove X LLC who is the current owner of the property at 729 Ocean Inlet Dr. The property was purchased from USA Bank National in February 2012. The lien was filed against USA Bank National for the following violations – non-registration of property in foreclosure, unsecured and unsanitary pool, overgrown hedges, trash and debris on property and unsecured dwelling. The case was heard by the Code Board on 6/15/11. The compliance date and fine set by the Code Board was to comply by 6/25/11 or a fine in the amount of $1,000.00 per day plus administrative fees would be imposed thereafter. In order for this case to appear before the Code Board for lien reduction, an outstanding water bill in the amount of $1,029.03 and property taxes in the amount of $4,384.08 were required to be paid. In addition, a lien reduction inspection was performed and the following needed to be corrected – repair self-latching gate, obtain permit for water heater installed without permit, mow property and remove trash and debris. The applicant met all requirements for lien reduction on 8/26/13 and the case was presented to the Code Board on 8/28/13 (minutes – Exhibit “C”). After discussion the Code Board ruled to reduce the fine from $706,826.18 to $70,600.00. 373 of 521 The applicant is requesting further reduction. H? The property is in compliance and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES therefore has no impact on our programs or services FI: The primary concern is the safety and welfare, as well as, compliance ISCAL MPACT with the City Codes. Any monies over and above the administrative fee of $826.18 will be supplemental. A: Modify findings of Code Board. LTERNATIVES 374 of 521 375 of 521 376 of 521 377 of 521 378 of 521 9. A PUBLIC HEARING November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED ORDINANCE NO. 13-029 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amending the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and regulations. Applicant: City-initiated - (TABLED ON OCTOBER 15, 2013) ER: Currently, the Land Development Regulations do not XPLANATION OF EQUEST recognize Showroom/Warehouse as a use within the Zoning Use Matrix, and such businesses are either treated as a retail business or a warehouse operation, depending upon the business characteristics. As a result, this type of business is often categorized with uses which are more intensive with respect to parking demand and traffic characteristics. Business attraction and retention are important to the health of the City; therefore, staff is proposing to create this new principal use to address market trends and more accurately classify and regulate it. Understanding that Showroom-type establishments have different operational characteristics than department stores and home improvement big box stores relative to the number of customers on the premises at any given point in time and thus the amount of parking required, the proposed amendment recommends the creation of a new principal use in the Use Matrix to recognize and regulate the use differently. Warehouse, Showroom (limited product line) would be defined as a showroom-type establishment in which the principal use consists of a showroom for large, space intensive items such as furniture, major appliances, flooring, mattresses, recreational vehicles or the like. These establishments generally have a single product line, which differentiates them from department stores, electronics stores, home improvement 379 of 521 stores and warehouse clubs in that they do not sell a wide range and mix of merchandise. Overall, staff believes this amendment would encourage and promote business and economic development, thereby furthering the City’s Economic Development initiatives. The Planning & Development Board reviewed this item at their September 24, 2013 meeting and recommended approval of the amendment. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Increases business opportunities within the City. ISCAL MPACT A: Approve, approve with modifications, or deny proposed LDR LTERNATIVES amendments 380 of 521 ORDINANCE NO. 13-029 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, LAND DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER 1, “GENERAL ADMINISTRATION”, ARTICLE II, “DEFINITIONS”, CHAPTER 3, “ZONING”, ARTICLE IV, “USE REGULATIONS”, CHAPTER 4, “SITE DEVELOPMENT STANDARDS”, ARTICLE V, “MINIMUM OFF-STREET PARKING REQUIREMENTS” UPDATING THE ZONING USE MATRIX TO INCLUDE SHOWROOM/WAREHOUSES AS A NEW PRINCIPAL USE INCLUDING DEFINITION AND REGULATIONS; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, the City’s current Land Development Regulations does not recognize Showroom/Warehouse as a use within the Zoning Use Matrix and such businesses are either treated as a retail business or a warehouse operation, depending on the business characteristics; and WHEREAS, as part of the process in reviewing the Land Development Regulations staff is proposing to create this new principal use to address market trends and more accurately classify and regulate it; and WHEREAS, staff recommends the adoption of the attached amendments to the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", of the City of Boynton Beach is hereby amended as follows: See attached Exhibit “A” 381 of 521 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. 382 of 521 FIRST READING this 15th day of October, 2013. SECOND AND FINAL READING ADOPTED this ___ day of ________, 2013. 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) 383 of 521 384 of 521 385 of 521 386 of 521 387 of 521 388 of 521 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-034 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: September 17, 2013 RE: Economic Development and Interim LDR Amendments Part IV (CDRV 13-006) – Approve amendments to the LDR to update the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and regulations. OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendment would further items #1 business and economic development initiatives and #5 by adjusting existing regulations to achieve original or current objectives. ANALYSIS This proposed amendment was part of a previous round of Economic Development and Interim LDR Amendments (Part II), but were removed by staff prior to the Planning & Development Board hearing on May 28, 2013, in order to provide the newly-hired Economic Development Manager the time necessary to review all aspects of the proposed amendment and potentially 389 of 521 suggest changes. This review has been conducted and is forwarded in final format for review and approval. As noted in the previous staff report, the current code does not appropriately define this unique business, and staff’s interpretation of the proposed business activities/operations inaccurately categorizes this type of business with uses which are more intensive with respect to parking demand and traffic characteristics. Business attraction and retention are important to the health of the City; therefore, staff is proposing to create this new principal use to address market trends and more accurately classify and regulate it. Showroom/Warehouses Staff, in an effort to increase business opportunities for larger scale retailers and assist in facilitating the leasing of some of the vacant commercial and industrial spaces within the City, is suggesting amendments to the Land Development Regulations (LDR) involving new definitions that separates uses that were formerly grouped under major headings such as Merchandise, New and Warehousing. Understanding that Showroom-type establishments have different operational characteristics than department stores and home improvement big box stores relative to the number of customers on the premises at any given point in time and thus the amount of parking required, the proposed amendment recommends the creation of a new principal use in the Use Matrix to recognize and regulate the use differently. Warehouse, Showroom (limited product line) would be defined as a showroom-type establishment in which the principal use consists of a showroom for large, space intensive items such as furniture, major appliances, flooring, mattresses, recreational vehicles or the like. These establishments generally have a single product line, which differentiates them from department stores, electronics stores, home improvement stores and warehouse clubs in that they do not sell a wide range and mix of merchandise. Parking for this particular use would be one (1) parking space per each 500 square feet of gross floor area for the first 10,000 square feet and one (1) parking space for each 1,000 square feet thereafter, rather than being grouped in with typical retail uses at one (1) parking space for each 200 square feet, again based upon the lower volume of customer traffic associated with the limited product line. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed code amendment. Overall, this amendment encourages and promotes business/economic development, thereby furthering the City’s Economic Development initiatives. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-006 Interim Amendments IV\CDRV 13-006 Staff Report.doc 390 of 521 391 of 521 392 of 521 393 of 521 394 of 521 395 of 521 9. B PUBLIC HEARING November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED ORDINANCE NO. 13-031 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Abandonment request for a portion of NE 4th Avenue between Federal Highway and NE 4th Street, in the CBD (Central Business District) Applicant: City-initiated. (REQUEST TABLING TO NOVEMBER 19, 2013) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 396 of 521 10. A CITY MANAGER’S REPORT November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Discuss parking fee collection and maintenance at EQUESTED CTION BY ITY OMMISSION Oceanfront Park. ER: At the September 3, 2013 Commission Meeting, there was XPLANATION OF EQUEST discussion regarding how Oceanfront Park is maintained, and about the schedule during which parking fees are collected. As such, staff was requested to provide information regarding these items so that alternative options could be considered. Exhibit “A” summarizes this information. H? This will be based on the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES implementation of any proposed changes to maintenance and/or parking fee collection at the Park. FI: This will be based on the implementation of any proposed changes to ISCAL MPACT maintenance and/or parking fee collection at the Park. A: Do not discuss Oceanfront Park maintenance and parking fee LTERNATIVES collection. 397 of 521 EXHIBIT “A” At the September 3 Commission Meeting, discussion ensued regarding Oceanfront Park, which included the potential extension of the hours during which parking fees are collected. The following information is provided for consideration as part of this continued discussion: Oceanfront Park is located at 6415 North Ocean Boulevard, in Ocean Ridge. It includes 257 parking spaces: 88 in the upper level and 156 in the lower level. Ocean lifeguards are on duty until 5 p.m. daily. The Ocean Ridge Police Department closes the park at 11 p.m. There are three Palm Beach County parks in close proximity to Oceanfront Park: Hammock Park which is directly adjacent and north of Oceanfront Park; Ocean Inlet Park which is approximately 2 miles north; and Gulfstream Park which is approximately 3 miles south. Parking is free at these parks, and they close at sunset. Parking fees at Oceanfront Park Annual Resident Parking Permit = $40  Non Resident Seasonal Parking Permit (valid May 1 – November 15) = $90  Daily parking fee November 16 – April 30 = $10  Daily parking fee May 1 – November 15 = $5  Fees are collected by parking attendants. Parking attendants at Oceanfront Park are assigned the following schedule: One is scheduled from 8 a.m. – 2 p.m.  One is scheduled form 10:30 a.m. – 4:30 p.m.  Parking fees are collected from 8 a.m. – 4 p.m.  The total annual budget for parking attendants at Oceanfront Park is $58,062. The starting salary for a parking attendant is $11.36/hr. EXTENDING PARKING FEE COLLECTION UNTIL 9 p.m. This requires adding 5 hours daily to the parking attendant’s schedule. This equates to 1,825 hours annually x $11.36/hr = $20,732 for one parking attendant. Although there are times during the day when only one parking attendant is on duty, there are other staff at the park that can provide assistance if needed. Between 5 p.m. and 9 p.m. there will be no other staff at the park. Consequently, it is strongly recommended that two parking attendants be assigned this duty if it is decided to extend the schedule during which parking fees are collected. This would double the expense to $41,464. Based on anecdotal evidence, we estimate that on a daily basis, approximately 60 cars, on average, park at Oceanfront Park after 4 p.m. For the basis of analysis, we estimate that 33% have annual parking permits. Of the remaining 40, we anticipate that half will not be willing to pay the parking fee. Consequently, we estimate that 20 cars will pay the daily parking fee. Based on the current daily fee structure, we collect $10/day for 5.5 months, and $5/day for 6.5 months. Therefore, increasing the amount of time parking fees are collected by 5 hours daily, we estimate that it will generate approximately $53,300 in revenue, calculated as follows: 398 of 521 Parking Fee Estimated of cars that will # of Revenue pay the daily parking fee days $10/day 20 168 $33,600 (Nov. 16 – Apr. 30) $5/day 20 197 $19,700 (May 1 – Nov. 15) TOTAL PROJECTED REVENUE 365 *$53,300 *It is emphasized that the projected revenue is based on the assumption that 20 cars per evening (between 5 p.m. and 9 p.m.) will pay the corresponding daily (i.e. $5 or $10). Along with the discussion regarding parking fee collection, the Commission also requested information regarding maintenance; specifically, what is needed to improve the appearance of the park. The Public Works Department has identified the costs associated accomplishing this goal. Over the last several years, we have reduced total man hours allocated to parks and facilities maintenance. This has been the result of significant staff reductions. Furthermore, the construction of new amenities such as Congress Avenue Barrier Free Park and Jaycee Park have increased the number of man hours required for maintenance City wide. However, since we have reduced staff, we have had to allocate man hours from other standard maintenance elsewhere (i.e. Oceanfront Park) to provide maintenance at the new parks. The following costs are associated with maintenance levels over and above current appearance standards at Oceanfront Park. These costs are associated with the types of aesthetic improvements that will catch the eye of the typical park patron. In other words, there should be a bit of a “wow” factor. It is noted that these proposed improvements are for the Boardwalk area and the dune landscaping only. Essentially, we are proposing to enhance the appearance of the park eastward from the upper parking lot where the vast majority of park patrons congregate. The proposed costs do not include items such as parking lot maintenance, light replacement, pavilion replacement and other general capital items that are addressed in the five year capital plan nor do the costs include enhanced landscape maintenance throughout the remainder of the park. The total annual cost of the proposed maintenance upgrades is $73,600. It is assumed that an hourly rate of $40 per hour for labor, which would account for either contractual costs or City staff costs including salary, benefits and other incidentals such as equipment and fuel. Costs as follow: Maintenance Activity Frequency Cost Pressure Washing / General Cleaning 1 times per month, 2 people = 48 Man $15,500 days/Year Monthly Irrigation Check and Repair Additional 15 Man Days/year $4,800 Hand Weed 16 Man Days/year $5,100 Plant Replacement Materials Annual $5,000 Mulch Additional 6 Man Days/year ($3,000 material $4,900 cost) 399 of 521 Rust Touch Up (sails, benches, cans, etc) 16 Man Days/year ($300 material cost) $5,400 Dune Litter Collection 12 Man Days/year $3,800 Seagrape Vista Pruning 60 Additional Man Days/year $19,200 Seagrape Weed Control and Exotic Removal Professional Spray Contract - New $8,000 More Frequent Palm Pruning 6 Man Days/year $1,900 TOTAL ANNUAL COST $73,60 0 400 of 521 12. A NEW BUSINESS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 15, 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: Consideration of providing the Boynton Beach EQUESTED CTION BY ITY OMMISSION Community Redevelopment Agency Board the authority to act as a review and recommendation body for major site plan applications for projects located within the CRA District boundaries. EXPLANATION OF REQUEST: The Boynton Beach Community Redevelopment Agency (CRA) Board is seeking approval to become a review and recommendation body for projects requiring major site plan approval on properties that are located within the CRA district boundaries. As the major site plan process exists today, project applications within the CRA district boundaries appear before the Planning & Development Board for review and recommendation then move forward to the City Commission for final site plan approval under Public Hearing but do not appear before the CRA Board for review or recommendation. Prior to 2007 and the City Commission becoming the CRA Board, the CRA Board served as the Planning & Development Board for these projects presented by City staff at their regular meetings. The projects would then be heard by the City Commission for final during Public Hearing. At their regular meeting held on July 19, 2011, the Boynton Beach City Commission denied a request by the Boynton Beach CRA to transfer review and approval of major site plan application to their Board (see Attachment I). The rationale for having the CRA Board review projects within its boundaries is twofold; first, CRA Board members have a more intimate knowledge of the goals and objectives set forth in the adopted CRA plans and therefore can determine if a proposed project meets the goals of those plans; and two, if the CRA is negotiating economic or development incentives for the project, it can tie the incentives to the site plan recommendations. These goals, objectives or incentives are 401 of 521 not known or act as an influencing factor when site plan applications within the CRA district are reviewed by the Planning & Development Board and the City Commission. The major site plan application process within the cities of Delray Beach, Lake Worth and West Palm Beach provide their respective CRA Boards with project review and act as recommendation bodies for projects falling within their CRA boundaries (see Attachment II). In these cities, either City or CRA staff will present the site plan application and any recommendation approved by the CRA Board is forwarded along with the application to the City Commission for final approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the CRA Board is given authority to act a site plan review and recommending body, City staff could potentially have to prepare for and attend an additional meeting per month unless CRA staff conducted the site plan application presentation and provided City staff with any recommendations approved by the CRA Board. These recommendations would then be incorporated into the list of conditions to be presented to the City Commission during their review and approval process. FISCAL IMPACT: ALTERNATIVES: Deny the request made by the CRA Board. 402 of 521 403 of 521 404 of 521 405 of 521 406 of 521 407 of 521 408 of 521 409 of 521 410 of 521 411 of 521 412 of 521 413 of 521 414 of 521 415 of 521 416 of 521 417 of 521 13. A LEGAL November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED ORDINANCE NO. 13-030 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Matters ER: XPLANATION OF EQUEST In order to sustain and promote the quality of life through the Code enforcement process, staff recommends that a Special Magistrate program be implemented as a supplemental enforcement method to the Code Enforcement Board. As provided by Florida Statutes Section 162.03 and Part II, Article V, Section 2-82 of the City’s Code of Ordinances, Special Magistrates designated by the Commission have the authority to hold hearings and assess fines against violators of the City’s Code. Since Special Magistrates are already authorized by the City’s Code, the Commission must designate specific Magistrates to preside over Code Enforcement matters. The use of a Special Magistrate could supplement the City’s existing Code Enforcement Board process. It will enhance the City’s ability to promote, protect and improve the health, safety and welfare of the citizens through the Code enforcement process. Currently, the Code Enforcement Board members are residents of the City of Boynton Beach. The Board members have a familiarity with the City and a historical knowledge of Code violations. This knowledge allows the Board to act in the capacity of a "jury of peers" for alleged Code violators. This approach is effective for neighborhood nuisances and community-related Code violations such as animals running at large and lot clearings. 418 of 521 The qualifications for a Special Magistrate as outlined in the proposed ordinance require the individual to be a member in good standing with the Florida Bar who has a minimum of five (5) years’ experience. As a legal professional, the Special Magistrate could provide consistent rulings for violations of a technical or legal matter. Hearings before the Special Magistrate will be scheduled at least once a month, with additional hearings whenever necessary. Since a quorum is not necessary, hearings before the Special Magistrate would be easier to schedule. A higher volume of cases could also be handled in a shorter timeframe. In addition, the use of a Special Magistrate may reduce City staff preparation time for the hearings. The Special Magistrate will also help to facilitate the City’s initiatives to revitalize the Heart of Boynton areas. For example, the City is currently examining Use and Occupancy permits for commercial and rental property as an additional tool to assure that property maintenance meets City standards. Where such standards are not met, the cases will be brought before the Special Magistrate for expedient processing. This process will allow the City to verify that life/safety issues, along with general property aesthetics, are checked on an annual basis, which provides the community a consistent quality of life expectation in all neighborhoods. A Special Magistrate will assist the City in streamlining and expediting its goals to revitalize and develop the Heart of Boynton areas and the City as a whole. HC? The use of a Special Magistrate OW WILL THIS AFFECT ITY PROGRAMS OR SERVICES will result in an overall improvement in the efficiency of the City’s Code Compliance program. Since the Special Magistrate will allow the City to handle more cases in a shorter period of time, compliance might also be achieved in a shorter period of time. This would be particularly beneficial with cases in problem areas in the City. Because the hearings would be streamlined, it could be possible to have 2 hearings per month, which would enable the Code Compliance Department to process more cases a month. Thus, there will be an overall improvement in the City’s appearance, which is a benefit to both citizens and visitors. FI: There will be a fiscal impact when we enter into the Special Magistrate ISCAL MPACT agreements. Staff will follow up with the appropriate budget amendment and estimated There is no specific fiscal impact in adopting this ordinance. costs at that time. A: Do not consider use of Special Magistrate for Code Compliance. LTERNATIVES 419 of 521 ORDINANCE NO. 13-030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2, ARTICLE V OF THE CODE OF ORDINANCES ENTITLED “CODE COMPLIANCE BOARD” TO PROVIDE FOR THE USE OF SPECIAL MAGISTRATES FOR CODE COMPLIANCE AND ENFORCEMENT MATTERS; TO CHANGE REFERENCES TO “SPECIAL MASTER” TO “SPECIAL MAGISTRATE” SUCH THAT THE CITY’S CODE IS CONSISTENT WITH FLORIDA STATUTES; AND TO CLARIFY THE AMOUNT OF TIME THE CITY COMMISSION HAS TO OBJECT TO LIEN MODIFICATION ORDERS; PROVIDING FOR CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach (“City”) has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for enforcement of violations of the City’s Code of Ordinances and other violations of law through the use of Special Magistrates; and, WHEREAS , Part II, Article V, Section 2-82 of the City’s Code of Ordinances permits Special Magistrates, designated by the Commission, to hold hearings and assess fines against violators of the City’s Code; and, WHEREAS , the City’s Code does not contain specifications for the retention of such Special Magistrates; and, WHEREAS , an amendment to Chapter 162, Florida statutes changed the title “Special Master” to “Special Magistrate”; and, WHEREAS , the City wishes to modify its Code to be consistent with the terminology utilized within the Florida Statutes; and, WHEREAS , the City Commission of the City of Boynton Beach finds it is in the best interest of the City to adopt an ordinance to establish the specifications for retention of Special Magistrates and to modify the nomenclature in the City’s Code such that is consistent with Florida law. 420 of 521 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof, as if fully set forth herein. Section 2. Part II, Chapter 2, Article V of the Code of Ordinances of the City of Boynton Beach shall be amended as follows: ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE Sec. 2-72. Intent. Declaration of legislative intent. It is the intent of this article to promote, protect and improve the health, safety and welfare of the citizens and residents of the City by authorizing the creation and use of an administrative Board or Special Magistrate with authority to impose penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any Codes and ordinances in force in the City where a pending or repeated violation continues to exist. Rules and regulations, consistent with the provisions of Florida law, necessary to carry out the provisions of this Article may be adopted by resolution of the City Commission. Sec. 2-73. Definitions. As used in this article: . . . Special Magistrate shall mean the City’s Special Magistrates appointed by the City Commission to conduct hearings pursuant to Section 2-82 of this Article and Chapter 162, Florida Statutes. Except for Board voting requirements, any reference in the City’s Code to “Code Enforcement Board” shall include Special Magistrate(s). Sec. 2-74. Creation, appointment, organization of Board. Establishment of Magistrate. . . . The City Commission may appoint one (1) or more Special Magistrates with the following conditions: (e) The Special Magistrate shall be appointed by the City Commission and shall serve with compensation as established by the City Commission by resolution. A Special Magistrate shall not be a City employee. (f) The Special Magistrate must be both an attorney and a member in good standing with the Florida Bar for a minimum of five (5) years. 421 of 521 (g) The Special Magistrate shall have some experience in zoning and land use law, building control, Code enforcement, and/or administrative law. (h) The Special Magistrate will be bound by the Code of Ethics of the Florida Bar as currently proscribed or as amended from time to time. (j) A Special Magistrate shall not be authorized to hire or use the services of any person except those provided by the City to assist him or her in the performance of his or her duties. Sec. 2-75. Provisions wider Jurisdiction of Boards and Magistrates. (a)The Code Enforcement Boards shall compliance enforce and have jurisdiction of the following Codes: Part II, Code of Ordinances fire Codes, Chapter 9, licenses, Chapter 13 as well as Part III, Land Development Regulations planning and development generally, Chapter 1.5; zoning Chapter 2; planned unit developments, Chapter 2.5; community design plan, Chapter 9; building, housing and construction, Chapter 20; signs, Chapter 21; parking lots, Chapter 23; and related technical Codes in force in the City. (b)The Special Magistrates shall enforce and have jurisdiction over any and all Codes within the City’s Code of Ordinances, as provided by Florida law. Sec. 2-76. Enforcement procedure. (a) It shall be the duty of the Code inspector to initiate enforcement proceedings of the various Codes; however, no member of the Board and no Magistrate shall have the power to initiate enforcement proceedings. (b) If a violation of the Codes is found, the Code inspector shall notify the violator, unless subsection (c) of this section applies, and give said violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code inspector shall notify an enforcement Board or Special Magistrate and request a hearing. The Code compliance Board or Special Magistrate, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2-81 to the said violator. At the option of the Code compliance Board or Special Magistrate, notice may additionally be served by publication or posting as provided in section 2-81. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code inspector, the case may be presented to the enforcement Board or Special Magistrate even if the violation has been corrected prior to the Board hearing and the notice shall so state. (c) If the Code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the Code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement Board or Special Magistrate and request a hearing. (d) If a repeat violation is found, the Code inspector shall notify the violator, but it is not required that he give the violator a reasonable time to correct the violation. The Code inspector, after notifying the violator of a repeat violation, shall notify the Code Enforcement Board or Special Magistrate and request a hearing. The Code compliance Board or Special Magistrate, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 2-81. The case may be presented to the Code 422 of 521 compliance Board or Special Magistrate even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. (e) If the owner of property which is subject to an enforcement proceeding before an enforcement Board, special master Magistrate, or court transfers ownership of such property between the time and initial pleading was served and the time of the hearing, such owner shall: . . . Sec. 2-77. Conduct of hearing. (a)Upon the request of the Code inspector or other designated City employee, or at such other times as may be necessary, a hearing may be convened by one of the following methods: a.The chairman of an enforcement Board may call a hearing of an enforcement Board; a hearing may also be called by written notice signed by at least three (3) members of an enforcement Board. Minutes shall be kept of all hearings by each enforcement Board and all hearings shall be open to the public. The City clerk shall provide clerical and administrative personnel as may be reasonably required by each enforcement Board for the proper performance of its duties. b.The Special Magistrate(s) may call a hearing. Minutes shall be kept of all hearings by each Magistrate and all hearings shall be open to the public. The City clerk shall provide clerical and administrative personnel as may be reasonably required by each Magistrate for the proper performance of the Magistrate’s duties. (b) Each case before an enforcement Board or Special Magistrate shall be presented by a member of the building department or Code Compliance administrative staff. If the local governing body prevails in prosecuting a case before the enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred prosecuting the case before the Board or Special Magistrate. (c) An enforcement Board or Special Magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement Board or Special Magistrate shall take testimony from the Code inspector and alleged violator. Formal rules of evidence shall not apply; however, fundamental due process shall be observed and govern said proceedings. . . . (e) At the conclusion of the hearing the enforcement Board or Special Magistrate shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. If the matter is heard by an enforcement Board, the findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the enforcement Board must vote for the action to be official. For all hearings, the order may include a notice that it must be complied with by a specific date, and that a fine may be imposed and, under the conditions specified in section 2-79, the cost of repairs may be included along with the fine, if the order is not complied with by said date; a certified copy of the order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real 423 of 521 property, and the findings therein shall be binding upon the violator, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement Board or Special Magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. Sec. 2-78. Powers of Boards and Special Magistrates. Each enforcement Board or Special Magistrate shall have the power to: . . . Sec. 2-79. Administrative fine; liens. (a) The enforcement Board or Special Magistrate, upon notification by the Code inspector, that an order of the enforcement Board or Special Magistrate has not been complied with by the said specified time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed one thousand dollars ($1000.00) per day for a first violation and not to exceed five thousand dollars ($5000.00) per day for a repeat violation and up to fifteen thousand dollars ($15000) per violation if the Code Enforcement Board finds the violation to be irreparable or irreversible in nature for each day the violation continues past the date set by the enforcement Board or Special Magistrate for compliance or, in the case of a repeat violation for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the Code inspector. In addition, if the violation is a violation described in section 2- 76(c), the enforcement Board or Special Magistrate may render an order which includes authority for the City to make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. . . . (b) In determining the amount of the fine, if any, the enforcement Board or Special Magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the enforcement Board or Special Magistrate may authorize the City attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be enforced on real property which is a homestead under Section 4, Article X of the State Constitution. . . . 424 of 521 Sec. 2-80. Appeal. An aggrieved party, including the City Commission, may appeal a final administrative order of an enforcement Board or Special Magistrate to the circuit court of Palm Beach County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the enforcement Board or Special Magistrate. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. Sec. 2-81. Service of notices. . . . (b) In addition to providing notice as set forth in subsection (a), at the option of the Code compliance Board or Special Magistrate, notice may also be served by publication or posting, as follows: (1) a. Such notice shall be published once during each week for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper of general circulation in the county where the Code compliance Board or Special Magistrate is located. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. . . . Sec. 2-82. Alternative Code enforcement system. The City hereby adopts an alternative Code enforcement system which shall provide the Code compliance Board or special masters Magistrates, hereinafter described and designated by the City Commission, the authority to hold hearings and assess fines against violators of the Codes and ordinances of the City. . . . Sec. 2-85. Criteria for lien reduction. The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board or Special Magistrate: . . . Sec. 2-86. Application for lien reduction. The Code Compliance Administrator or his designee shall provide the application for a lien reduction hearing. The application will be included with the affidavit of compliance issued by the Code Compliance Division. A complete application must accompany each lien reduction request that is to be heard before the Board or Special Magistrate. . . . Sec. 2-88. Lien reduction procedure. A party requesting a lien reduction must submit a complete lien reduction application to the Code Compliance Division of the Police Department upon receiving verification that all conditions are complied with as stated in section 2-85. The Code Compliance Administrator or designee will process the application and determine that all required criteria have been complied with under City ordinance, section 2-85. If the applicant does not qualify for a hearing under section 2-85, the party will be notified in writing of the reasons and refunded one-half of the application fees. If the reduction application is 425 of 521 complete, the case will be placed on the next available Code Compliance Board or Special Magistrate Lien Reduction Agenda. The appealing party will be notified in writing of the scheduled date of the hearing at least five (5) days prior to the hearing date. If the matter is heard by a Board, a quorum must be present for the Board to hear a lien reduction and a majority of the entire Board must vote in the affirmative for a lien to be reduced or waived. The Code Compliance Administrator shall submit the Board or Special Magistrate's Lien Reduction Order to the City clerk, legal department and the City manager. The Code Compliance Administrator or his/her designee shall notify the applicant in writing of the Board's Lien Modification Order within seven (7) days following the entry of the order and of the date of the next City Commission meeting when the Commission shall hear the Board or Special Magistrate's recommendation if required. Sec. 2-89. Conduct of hearing for lien modification. The Code Compliance Board or Special Magistrate at a lien modification hearing shall make one of the following determinations: The lien shall be waived in full, reduced to a specified amount or shall be upheld in full. The Board or Special Magistrate shall hear all the facts regarding the specific Code or Codes the appealing party was in violation of, the date of the original Board hearing, the date the affidavit of noncompliance was issued, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case, prior to the Board making it’s a determination and order. The lien modification hearing shall not be a hearing de novo of the original case. Sec. 2-90. Final orders issued in lien modification hearings. Final orders shall be issued in lien modification hearings in accordance with the following procedure: (1) The Code Compliance Board or Special Magistrate shall issue its order in lien modification hearings in writing in a form approved by the City Attorney. Immediately following rendition of lien modification order, the City Clerk shall furnish a copy of the order along with minutes of the Code Compliance Board's meeting hearing to the City Commission. (2) Lien modification order issued by the Code Compliance Board or Special Magistrate shall be final unless a City Commissioner or an aggrieved party takes exception to the final order within seven (7) days of rendition of the order or a City Commissioner takes exception to the final order within seven (7) days of rendition of the order. (3) The Commission or an aggrieved party may request a review of an Code Compliance Board's order by notifying the City Manager or his/her designee of the intent to do so. If review of an Code Compliance Board's order is requested, the City Commission shall review the order of the Board within thirty (30) days of the request for review. On review, the City Commission may hear the position of the property owner, a Code Compliance Board representative, the Special Magistrate, or may rely upon the minutes of the Code Compliance Board proceeding regarding the propriety of the lien modification. (4) The City Commission shall make one of the following rulings: a. Affirm the Code Compliance Board's final Board order in full. b. Modify the Code Compliance Board's final order. 426 of 521 (5) The Commission shall direct the administration to take action consistent with the acceptance, rejection, or modification of the Code Compliance Board order. (6) The property owner shall be advised that in the event the property owner does not comply with the Code Compliance Board or Special Magistrate order, as approved or modified by the City Commission, within ninety (90) days of the Commission's action, then the Code Compliance Board's Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property. No extensions of the ninety- (90) day period shall be permitted, and no further action by the Code Compliance Board, the Special Magistrate, or the City Commission shall be permitted regarding lien reduction. Sec. 2-91. Violations and penalties. (a) The following table of violations and penalties shall be assessed by Code enforcement officers and shall be followed by the county court system as a special master Magistrate pursuant to section 2-82 of this Code, in its review and adjudication of matters in accordance with this Article. The schedule of penalties set forth below is not intended to be all inclusive. The penalty for violation of other Codes or ordinances of the City heretofore or hereafter created and not enumerated herein shall be enforced in the manner provided for therein. . . . Sec. 2-92. Consolidation of Nuisance Abatement Board and Code Compliance Board; survival of actions. All powers, duties, and responsibilities of the Nuisance Abatement Board shall survive and be deemed merged and consolidated with the powers, duties, and responsibilities of the Code Compliance Board and the Special Magistrates. All previous actions of the Nuisance Abatement Board shall survive this consolidation unless specifically revoked by the Code Compliance Board or Special Magistrate. Section 3. The City Administration, including without limitation the City Manager, the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are authorized to take all steps necessary to retain Special Magistrates for the purposes established by this ordinance. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be 427 of 521 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. Effective Date. This Ordinance shall become effective on the date of second reading set forth below. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. FIRST READING this 15th day of October, 2013. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2013. 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: 428 of 521 ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 429 of 521 CODE ENFORCEMENT BOARD/SPECIAL MASTER CHART BOARD SPECIAL MASTER BOTH Town of Palm Beach Village of Tequesta Town of Hypoluxo City of Greenacres Village of Wellington Town of Lantana City of Delray Beach City of Lake Worth City of Riviera Beach City of Atlantis City of West Palm Beach Town of Highland Beach Village of North Palm Beach City of Palm Beach Gardens Town of Mangonia Park Town of Ocean Ridge Town of Jupiter City of Boca Raton Village of Royal Palm Beach City of Belle Glade Town of June Beach 430 of 521 13. B LEGAL November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED ORDINANCE NO. 032 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve changes to Chapter 26 - Article IV and V– of the City’s Code of Ordinances pursuant to Chapter 62-555 of the Florida Administrative Code (FAC) and the Florida Plumbing Code. These codes regulate Backflow Prevention and, Oil and Grease Management programs; the revision will be effective December 1, 2013. ER: The Florida Administrative Code, 62-555-360(2), requires XPLANATION OF EQUEST community water systems to establish a backflow prevention program that will protect the public’s drinking water system from cross-connection and backflow of contaminants into the potable drinking water. The amendment clarifies the purpose of the backflow prevention program and reflects changes to the State Administrative. Furthermore, it incorporates the application and administration of backflow prevention devices on the use of fire hydrants. This approach will strengthen the protection of public health by requiring the installation of backflow prevention devices on all public uses of fire hydrants. The Florida Plumbing Code requires the implementation of an oil and grease management program to prevent the discharge of oil, grease or other hazardous wastes to the collection system. The amendment will provide improved guidance to current and future wastewater producers. H? The Amendment will set much OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES clearer direction and expectation for the City’s Backflow Prevention and Oil and Grease Management programs. The existing Backflow Prevention program will be strengthened by requiring backflow prevention devices on a metered hydrant either for construction, cleaning, and other purposes. The Oil and Grease Management program will be refined 431 of 521 to help clarify the accepted use and design of grease traps and other devices, as well as provide a medium for recovering costs from users discharging out-of-limit wastes. FI: N/A ISCAL MPACT A: Continue with the current Backflow and Oil and Grease Management LTERNATIVES programs as they exist. However, this will not reflect recent changes in the Florida Administrative Code, and will not clarify the purpose of these programs or eliminate any obscurities. 432 of 521 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, “WATER, SEWERS AND CITY UTILITIES”, ARTICLES IV AND V PURSUANT TO CHAPTER 62-555 OF THE FLORIDA ADMINISTRATIVE CODE AND THE FLORIDA PLUMBING CODE WHICH REGULATE BACKFLOW PREVENTION AND OIL AND GREASE MANAGEMENT PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , The Florida Administrative Code 62-555-360(2), requires community water systems to establish a backflow prevention program that will protect the public’s drinking water system from cross-connection and backflow of contaminants into the potable drinking water; and WHEREAS , The Florida Plumbing Code requires implementation of an oil and grease management program to prevent the discharge of oil, grease or other hazardous wastes to the collection system; and WHEREAS, City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend Chapter 26, Article IV and V of the City’s Code of Ordinances regarding Backflow Prevention and Oil and Grease Management programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, entitled “Water, Sewers and City Utilities”, Article IV and V, is hereby amended as follows: See Exhibit “A” attached hereto and incorporated herein. Section 3. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. 433 of 521 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective December 1, 2013. FIRST READING this ____ day of _____________, 2013. SECOND, FINAL READING AND PASSAGE this _____ day of _________, 2013. 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) 434 of 521 435 of 521 436 of 521 437 of 521 438 of 521 439 of 521 440 of 521 441 of 521 442 of 521 443 of 521 444 of 521 445 of 521 446 of 521 447 of 521 448 of 521 449 of 521 450 of 521 451 of 521 452 of 521 453 of 521 454 of 521 455 of 521 456 of 521 457 of 521 458 of 521 459 of 521 460 of 521 461 of 521 462 of 521 463 of 521 464 of 521 465 of 521 466 of 521 467 of 521 468 of 521 469 of 521 470 of 521 471 of 521 472 of 521 473 of 521 474 of 521 475 of 521 476 of 521 477 of 521 478 of 521 479 of 521 480 of 521 481 of 521 482 of 521 483 of 521 484 of 521 485 of 521 486 of 521 487 of 521 488 of 521 489 of 521 490 of 521 491 of 521 492 of 521 13. C LEGAL November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: PROPOSED RESOLUTION NO. R13-126 - EQUESTED CTION BY ITY OMMISSION Approve the one-year renewal to the Towing Franchise Agreement with Beck's Towing and Recovery, Inc. and Zuccala Wrecker Service, Inc. under the same Terms and Conditions but with an annual Franchise Fee of $95,000 for each vendor and to authorize the City Manager to execute the renewal agreement. RPN.1: D15,2013D14,2014 ENEWAL ERIOD O ECEMBER THROUGH ECEMBER ER: XPLANATION OF EQUEST On September 21, 2010, City Commission approved Resolution R10-137 authorizing the City Manager to enter into Franchise Agreements with the two top ranked respondents to the RFP No. 055-2110-10/CJD issued after Commission approval on April 20, 2010. The RFP was for a three (3) year term with the option to renew for two (2) additional one (1) year periods. The City entered into a Three-Year Franchise Agreement with Beck’s Towing and Recovery, Inc. for $104,500.00 per year, and Zuccala Wrecker Service, Inc. for an annual franchise fee of $100,075.00. Effective December 15, 2010. The City requested from the vendors if they would like to renew the Franchise Agreement for the first one year renewal period. Both vendors requested a reduction in the annual franchise fee amount. After discussing this request with each of the vendors and confirming with the City Attorney, staff is recommending reducing the annual franchise fee to $95,000.00 for each vendor for the renewal period. The annual th franchise fee will be due in quarterly payments of $23,750.00 due December 15, 493 of 521 ththth March 15, June 15 and September 15. Both vendors have signed renewal letters agreeing to the reduced amount. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The one-year extension would provide the annual revenue of $190,000.00. The Towing Franchise Agreement has proven to be an agreeable solution to the previous method of using six tow vendors on a rotation basis. FI: ISCAL MPACT The adopted General Fund Budget for FY 13/14 has an anticipated revenue from Towing Franchise in the amount of $204,575.00 this revised franchise amount is $190,000.00 or a reduction of $14,575.00. A: LTERNATIVES The City could issue a new RFP for a Towing Franchise, or return to the previous practice of rotating towing vendors which produces no income for the City from towing fees. 494 of 521 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ONE YEAR RENEWAL OF THE TOWING FRANCHISE AGREEMENT WITH BECK’S TOWING AND RECOVERY, INC., AND ZUCCALA WRECKER SERVICE, INC., WITH AN ANNUAL FRANCHISE FEE OF $95,000 FOR EACH VENDOR; AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on September 21, 2010, the City Commission approved Resolution R10-137 authorizing the City Manager to enter into a Franchise Agreement with the two top ranked respondents to the RFP No. 055-2110-10/CJD; and WHEREAS , the RFP was for a three (3) year term with the option to renew for two (2) additional one (1) year periods; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the one year renewal of the Towing Franchise Agreement with Beck’s Towing and Recovery, Inc., and Zuccala Wrecker Service, Inc., with an annual Franchise Fee of $95,000 for each vendor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the one year renewal of the Towing Franchise Agreement with Beck’s Towing and Recovery, Inc., and Zuccala Wrecker Service, Inc., with an annual Franchise Fee of $95,000 for each vendor and authorizes the City Manager to execute the renewal Agreement, a copy of which is attached hereto as Exhibit “A”. 495 of 521 Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of November, 2013. 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) 496 of 521 497 of 521 498 of 521 499 of 521 500 of 521 501 of 521 502 of 521 503 of 521 504 of 521 505 of 521 506 of 521 507 of 521 508 of 521 509 of 521 510 of 521 511 of 521 512 of 521 513 of 521 514 of 521 515 of 521 516 of 521 517 of 521 14. A FUTURE AGENDA ITEMS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Review and Approval of the City of Boynton Beach EQUESTED CTION BY ITY OMMISSION 2014 Legislative Agenda - 11/19/13 ER: Approval of a legislative agenda will give direction to the XPLANATION OF EQUEST City’s Lobbyist, Ballard Partners, to represent the priorities of the Commission with State Legislators. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 518 of 521 14. B FUTURE AGENDA ITEMS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Approving an Ordinance amending the General EQUESTED CTION BY ITY OMMISSION Employees Pension Plan to include amendments that were made during the last legislative session to the Florida Statutes effecting pension plans - 11/19/13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 519 of 521 14. C FUTURE AGENDA ITEMS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Adoption of City of Boynton Beach Strategic Plan - EQUESTED CTION BY ITY OMMISSION 11/19/13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 520 of 521 14. D FUTURE AGENDA ITEMS November 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 5, 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: Consultant selection from RFQ for new Police EQUESTED CTION BY ITY OMMISSION Department space needs study and facility design services. 11/19/13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 521 of 521