Agenda 03-04-14 Searchable (2)
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MARCH 4, 2014
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Woodrow L. Hay
Vice Mayor – District II
David T. Merker
Commissioner – District I
Michael M. Fitzpatrick
Commissioner – District III
Joe Casello
Commissioner – District IV
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
Breeze into Boynton Beach –
America’s Gateway to the Gulfstream
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items:
These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section
entitled “Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule – some meetings have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcement by Recreation & Parks Director Wally Majors regarding the
"Spring into Summer" event which will be held at Intracoastal Park on Saturday,
March 15 from 11 a.m. to 12 noon.
B. Proclaim March 22, 2014 as All People's Day ®. Susan Berkowitz-Schwartz,
Founder and President of All People's Day ® will accept the Proclamation.
C. Proclaim the month of March 2014 as The City of Boynton Beach Firefighter
Appreciation Month. Kaitlyn Harris, Fundraising Coordinator for The Muscular
Dystrophy Association will accept the Proclamation.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 1 regular and 2 alternates
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student and 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
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Golf Course Advisory Committee: 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Senior Advisory Board: 1 alternate
Veterans Advisory Commission: 2 alternates
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 reduction of the $117,507.00 performance bond posted by Standard
Pacific of South Florida in the amount of $111,631.65 for the completion of the
required improvements for the Monterey Bay Tract C-1 project resulting in a
performance bond amount $5,875.35..
B. Approve release of the performance bond in the amount of $22,000.00 for the
2nd lift of asphalt in association with the Monterey Bay project, posted by
Westbrook Homes.
PROPOSED RESOLUTION NO. R14-020
C. - Recognize the dual named street,
Martin Luther King, Jr. Boulevard / NE and NW 10th Avenue.
D. Accept the written report to the Commission for purchases over $10,000 for the
month of January 2014.
E. Approve piggyback of City of Sunrise contract # (11)C-14-H with Westwind
Contracting, Inc. of Pembroke Park, FL for lime sludge removal with the same
terms, conditions, specifications and pricing (with added surcharge). This
contract will be utilized for the removal of lime sludge from the East Water
Treatment Plant on an "As Needed Basis". The estimated annual expenditure
is $80,000.
F. Approve proposal from Tactical Team Building, in the amount of $15,000 to
prepare/present a workshop on Tactical Team Building for police personnel
facilitated by Psychologist Ronal Jay Cohen, Ph.D, ABPP and Barbara Pavlo,
Psy.D.
G. Award the Bid with the Southeast Florida Governmental Purchasing
Cooperative Group for Hydrofluosilicic Acid (fluoride) to Harcros Chemicals,
Inc. as the lowest, most responsive and responsible bidder meeting all
specifications. This chemical will be ordered on an "As Needed Basis". The
City's anticipated annual expenditure is $40,000.00. The City of Fort
Lauderdale as lead agency complied with public bid requirements equal to or
exceeding the City of Boynton Beach bid requirements.
H. Approve the minutes from the Regular City Commission meeting held on
February 18, 2014
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PROPOSED RESOLUTION NO. R14-021
I. - Approve Three (3) year
agreements with Arthur J. Gallagher Risk Management Services, Inc. of Boca
Raton, FL and Gehring Group, Inc. of Palm Beach Gardens, FL for an annual
cost not to exceed $75,000 for insurance broker services as a result of RFP
#033-1710-14/JMA.
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
None
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
None
14. FUTURE AGENDA ITEMS
A. PROPOSED ORDINANCE NO. 14-002 - SECOND READING - Rescinding
Ordinance 13-014 - land use designation for 125 East Ocean Avenue -
3/18/2014
(This item is scheduled for the February 25, 2014, Planning & Development
Board meeting)
B. An Ordinance rescinding Ordinance 13-001 which established a local/city
historic designation for the old high school - Future item March 18, 2014
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C. Award Police Facility architect and design contract and Task Order No. 1 for
space needs update and preliminary cost estimate. 3-18-14
D. A Strategic Planning Update Workshop with Lyle Sumek will be held on April
24, 2014 from 9:00 a.m. to 12:00 noon at the Intracoastal Park Clubhouse
located at 2240 N. Federal Highway in Boynton Beach, FL
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH -
AMERICA'S GATEWAY TO THE GULFSTREAM"
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE
PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND
ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR
REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA
ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS
PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
March 4, 2014
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Announcement by Recreation & Parks Director
EQUESTED CTION BY ITY OMMISSION
Wally Majors regarding the "Spring into Summer" event which will be held at Intracoastal Park on
Saturday, March 15 from 11 a.m. to 12 noon.
ER:
As part of the Play Outdoors…Unplugged series of
XPLANATION OF EQUEST
events, the Recreation & Parks Department wishes to extend an invitation to “Spring
into Summer”. This series of events are intended to provide our community
opportunities for healthy, fun activities that will motivate people to keep moving and
smiling. Family activities will include games, relay races, a bounce house, a rock
climbing wall, face painting, free refreshments and much more. A $25 discount will also
be offered for those who wish to register for summer camp.
FI:
Expenses are included in the Department’s operating budget.
ISCAL MPACT
A:
Do not make the announcement.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Proclaim March 22, 2014 as All People's Day ®.
EQUESTED CTION BY ITY OMMISSION
Susan Berkowitz-Schwartz, Founder and President of All People's Day ® will accept the
Proclamation.
ER:
This “nonprofit public charity…helps children, adults, and
XPLANATION OF EQUEST
seniors see and embrace the beauty of their diversity through the arts and bring about
awareness of the unique attributes in others leading to mutual respect”.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not allow proclamation.
LTERNATIVES
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Proclamation
WHEREAS
, by the year 2060 European Americans will no longer constitute the majority
of the United States population and people from different cultures in Boynton Beach and
all over the US will be interacting with one another more often than ever before; and the
facets to a communal nature of the community are awareness, understanding, and
acceptance and;
WHEREAS
, in 1973 Susan Berkowitz-Schwartz MPS, ATR-BC, established All People’s
Day®, a multicultural and issue based holiday which is presently a 501c3 nonprofit
public charity that helps children, adults, and seniors see and embrace the beauty of
their diversity through the arts and bring about awareness of the unique attributes in
others leading to mutual respect; and;
WHEREAS,
the theme of All People’s Day® is “Discovering our Connections” because
throughout the world, and even in our own nation and schools, there have been tragic
incidents against people who are different. All People’s Day® addresses this by giving
people of all ages and walks of life fun and creative ways to explore positive
connections by means of educational programs, craft kits and festivals that teach about
diversity and;
nd
WHEREAS
this year’s fifth Florida FREE festival will be held on Saturday, March 22 at
Pompey Park in Delray Beach, and;
WHEREAS,
the City of Boynton Beach urges all citizens to appreciate the universal
qualities at our core and the differences that help make us individuals
NOW THEREFORE, I
, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do
hereby proclaim March 22, 2014 as:
All People’s Day®
IN WITNESS WHEREOF
, I have hereunto set my hand and caused the Seal of the City
of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the
_______________, Two Thousand Fourteen.
___________________________
ATTEST: Jerry Taylor, Mayor
_____________________
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Proclaim the month of March 2014 as The City of
EQUESTED CTION BY ITY OMMISSION
Boynton Beach Firefighter Appreciation Month. Kaitlyn Harris, Fundraising Coordinator for The
Muscular Dystrophy Association will accept the proclamation.
ER:
“Boynton Beach Fire Rescue Local 1891 raised more than
XPLANATION OF EQUEST
$28,000 with their 2013 ‘Fill the Boot’ campaign for the Muscular Dystrophy Association
making them the MDA’s largest source of funding. The funds collected by the City of
Boynton Beach Fire Fighters assist the MDA in providing medical services at local
clinics, summer camp, research grants, support groups, and public education seminars
at no cost to local children and families.”
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not allow proclamation.
LTERNATIVES
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Proclamation
WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength,
stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and,
WHEREAS, in addition to their daily service to our communities, Fire Fighters throughout the
state and across the nation have joined the Muscular Dystrophy Association for the past 59
years in the fight against neuromuscular diseases, and
WHEREAS, Florida Fire Fighters collected more than $1.3 million in over 300 communities
including the Boynton Beach Fire Rescue Local 1891 who raised more than $28,000 with their
2013 “Fill the Boot” campaign for the MDA, again making them the MDA’s largest source of
funding; and
WHEREAS, the Muscular Dystrophy Association is extremely grateful of the City of Boynton
Beach Fire Fighters for their support and dedication and the funds collected by the City of
Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics,
summer camp, research grants, support groups, and public education seminars at no cost to
local children and families; and
WHEREAS, in honor of the efforts of the City of Boynton Beach Fire Fighters, the Muscular
Dystrophy Association is sponsoring “the Boynton Beach Fire Fighter Appreciation Month;” and
it is appropriate for all City of Boynton Beach citizens to join the Muscular Dystrophy
Association in this tribute to our fire fighters.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, Florida, hereby proclaim March 2014 as:
The City of Boynton Beach Firefighter
Appreciation Month
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida in March 4, Two Thousand and Fourteen.
______________________
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Jerry Taylor, Mayor
ATTEST:
_____________________
City Clerk
(Corporate Seal)
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5. A
ADMINISTRATIVE
March 4, 2014
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RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 1 regular and 2 alternates
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student and 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Senior Advisory Board: 1 alternate
Veterans Advisory Commission: 2 alternates
.
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for vacancies on the various Advisory Boards. A list of vacancies is provided
with the designated Commission member having responsibility for the appointment to fill
each vacancy.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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CONSENT AGENDA
March 4, 2014
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RACC:
Approve reduction of the $117,507.00 performance
EQUESTED CTION BY ITY OMMISSION
bond posted by Standard Pacific of South Florida in the amount of $111,631.65 for the
completion of the required improvements for the Monterey Bay Tract C-1 project resulting in a
performance bond amount $5,875.35..
ER:
The Public Works Department Engineering Division
XPLANATION OF EQUEST
requests approval of the reduction of the performance bond #SU1104330 by the
amount of $111,631.65 for the completion of the paving, drainage, water, and sewer
required improvements for the Monterey Bay Tract C-1 project. This will leave the
remaining $5,875.35 (5%) to be held by the City for a period of one (1) year from the
date of this approval as the warranty against defect.
Standard Pacific of South Florida submitted a performance bond in the amount of
$117,507.00 to insure the completion of the required improvements for the Monterey
Bay Tract C-1 project.
Michael B. Schorah & Associates, Inc. has certified that improvements were done in
accordance with the approved plans.
The Public Works Engineering Division has inspected the improvements and found
them to be consistent with the approved plans.
The Utilities Department has inspected the improvements and found them to be
consistent with the approved plans.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
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A:
None
LTERNATIVES
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CONSENT AGENDA
March 4, 2014
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RACC:
Approve release of the performance bond in the
EQUESTED CTION BY ITY OMMISSION
nd
amount of $22,000.00 for the 2 lift of asphalt in association with the Monterey Bay project,
posted by Westbrook Homes.
th
ER:
On January 15, 2008 the City Commission reduced the
XPLANATION OF EQUEST
performance bond associated with the improvements for Monterey Bay to $22,000
nd
representing the surety for the placement of the 2 lift of asphalt.
The Public Works Department Engineering Division requests release of the
nd
performance bond #08832552 in the amount of $22,000.00 for the installation of the 2
lift of asphalt in associated with the Monterey Bay project, posted by Westbrook Homes.
The Public Works Engineering Division has inspected the improvements and found
no items needing correction.
nd
Michael B. Schorah & Associates, Inc. has certified the 2 lift of asphalt has been
done in accordance with the approved plans.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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CONSENT AGENDA
March 4, 2014
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PROPOSED RESOLUTION NO. R14-020 -
EQUESTED CTION BY ITY OMMISSION
th
Recognize the dual named street, Martin Luther King, Jr. Boulevard / NE and NW 10 Avenue.
ER:
In 1984 and 1995, the City Commission renamed NE and
XPLANATION OF EQUEST
ththth
NW 10 Avenue to Martin Luther King, Jr. Boulevard from NE 7 Street to NW 5
Street. This action was done by two separate motions and votes of the City
Commission. The actions were an outstanding honor to the late Dr. King.
However, the actions were taken merely as motions rather than utilizing a more formal
process. Street renaming can be accomplished in a variety of ways. Streets can be
renamed whereby only the new name is recognized. This is less common because this
would require all adjacent property owners to change their address with all entities (ie.
mortgage, bank accounts, driver’s license, passports, utilities, etc). Anyone who has
moved knows how cumbersome this process can be. It is typically not the goal to
require property owners to endure these tasks when a street is renamed. Thus, a street
is often renamed ceremonially where two addresses are allowed thereby creating dual
address. It is particularly common to recognize dual named streets where an underlying
street name is numerical and the ceremonial name is phonetic, for example, Gateway
nd
Boulevard and 22 Avenue.
In the case of Martin Luther King Jr. Boulevard, staff has received questions about
whether or not Martin Luther King, Jr. Boulevard is considered a dual named street.
The best way to review this matter was to review available records to learn how the
addressing system currently operates. Staff’s review finds a variety of address
mechanisms and conflicts as follows:
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1. The Palm Beach County Property appraiser describes property location by using
Martin Luther King, Jr. Boulevard yet the mailing address for tax bills is the
th
numerical address of 10 Avenue.
2. Various mapping systems have vastly inconsistent naming mechanisms. One
block could be named Martin Luther King Jr. Boulevard in Google maps yet it is
th
named 10 Avenue in MapQuest or iOS. Street name often varies even further
dependent up what map scale is used. There are several examples of this
phenomenon along Martin Luther King Jr. Boulevard and too numerous to
include as visual attachments to this agenda item.
3. Variation in naming is even more concerning when one considers public reliance
upon smartphones/gps units for guidance mapping. The wide variety in street
names used for these mapping purposes does not coincide with the posted street
name leading to confusion to the motorist who is visiting the area for the first
time.
Staff recommends the following actions:
1. Approve this resolution acknowledging the dual named street. This will formally
recognize the dual name. Residents can utilize ether phonetic or numerical
addressing at their choice.
2. Authorize staff to place street markers along all of Martin Luther King Jr.
thth
Boulevard from NE 7 Street to NW 5 Street recognizing the dual street names.
th
Martin Luther King Jr. Boulevard shall be listed on top, in larger font and 10
Avenue shall be listed below in smaller font. This is common in wayfinding
systems where there is a dual name of this type.
The above actions will strengthen the City’s action to recognize Dr. King and will provide
better clarification for property owners and the motoring public.
H?
Not applicable.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
$2,000 in sign materials included in the current operating budget.
ISCAL MPACT
A:
Maintaining status quo is not a viable solution as the current level of
LTERNATIVES
confusion will only continue in the future, particularly when considering the increasing
reliance of the public on smartphones and other electronic mapping devices.
th
The Commission could consider formal renaming of 10 Avenue via ordinance or plat to
Martin Luther King, Jr. Boulevard and thereby require all adjacent property owners to
formally change all personal documents to the new address. This very cumbersome
process is not something that staff recommends.
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RESOLUTION NO. 14-020
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
RECOGNIZING THE DUAL STREET NAME OF
MARTIN LUTHER KING JR. BOULEVARD AND
NORTHEAST/NORTHWEST 10TH AVENUE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, on May 1, 1984, the City Commission discussed and adopted a motion that
renamed N.E. 10th Avenue, as Martin Luther King Jr. Boulevard; and
WHEREAS,
on January 17, 1995 the City Commission discussed and adopted a motion
extending Martin Luther King Jr. Boulevard from I-95 to the Intracoastal; and
WHEREAS
, since the actions by the City Commissions in 1984 and 1995 were taken
merely as motions, rather than utilizing a more formal process, it has resulted in a variety of
conflicts of address mechanisms; and
WHEREAS
, the renaming of a street is often done ceremonially whereby two addresses
are allowed especially where an underlying street name is numerical and the ceremonial name is
phonetic; and
WHEREAS
, the City Commission desires to recognize the dual street name of Martin
th
Luther King Jr. Boulevard and Northeast/Northwest 10 Avenue in the City of Boynton Beach
which will strengthen the City’s action to recognize Dr. King and provide better clarification for
property owners and the motoring public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1:
The “Whereas” clauses set forth hereinabove are incorporated herein by
reference.
Section 2:
The City Commission of the City of Boynton Beach, Florida formally
recognizes the dual street name of Martin Luther King Jr. Boulevard and Northeast/Northwest
th
10 Avenue and authorizes staff to place street markers along all of Martin Luther King Jr.
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thth
Boulevard from NE 7 Street to NW 5 Street recognizing the dual street names with Martin
th
Luther King Jr. Boulevard on top in larger font and 10 Avenue shall be listed below in smaller
font.
Section 3:
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED
this 4th day of March, 2014.
CITY OF BOYNTON BEACH
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of January 2014.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for January
2014:
Purchase Order Vendor Amount
140690 Dell Marketing LP $ 19,990.10
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
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internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. E
CONSENT AGENDA
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve piggyback of City of Sunrise contract #
EQUESTED CTION BY ITY OMMISSION
(11)C-14-H with Westwind Contracting, Inc. of Pembroke Park, FL for lime sludge removal with
the same terms, conditions, specifications and pricing (with added surcharge). This contract will
be utilized for the removal of lime sludge from the East Water Treatment Plant on an "As Needed
Basis". The estimated annual expenditure is $80,000.
BIDTERM:
A12,2013THROUGHA11,2014
UGUST UGUST
ER:
XPLANATION OF EQUEST
The City of Sunrise awarded a two year contract to Westwind Contracting, Inc. for lime
sludge removal on August 12, 2011. The City of Sunrise executed the first Amendment
to Contract No. (11)C-14-H which extended the contract for an additional one-year
period - August 12, 2013 through August 11, 2014.
The City of Boynton Beach's (City) East Water Treatment Plant (East WTP) generates
lime sludge as a by-product of the water treatment process. This sludge is stockpiled on
site and the storage bin is currently full. In the past, the amount of sludge in the bin was
managed by allowing road construction firms and facilities such as nurseries and farms
to take any amount they wanted at no charge. However, such usage has decreased
with more stringent road construction requirements. Further, the sludge has to be
disposed of via a Florida Department of Environmental Protection (FDEP) or
Environmental Protection Agency (EPA) approved method or disposal land site.
Additionally, an accurate record of how much sludge is removed from the site is also
required. Thus, a licensed, qualified hauler is necessary to transport and dispose of the
sludge.
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The City of Sunrise complied with Public Bid requirements equal to or exceeding the City of
Boynton Beach requirements.
H?
If sludge is not removed from the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
site, the sludge lagoon eventually fills to the point that the waste stream can no longer
be discharged and the plant has to cease operations. Thus, removal is necessary to
ensure continued operations of the East Water Treatment Plant so there is no
interruption in potable water supply to the City’s consumers.
FI:
Funds are budgeted in account: 401-2811-536-49-17.
ISCAL MPACT
Note that, in accordance with the specifications in “Exhibit A” of the contract, the
proposal includes a surcharge of $58/load for the additional mileage (~ 21.4 miles) the
sludge must be hauled to the disposal site. The City of Boynton Beach per truckload
price including the additional mileage surcharge will be $198.00.
A:
The City of Boynton Beach could issue its own bid for lime sludge
LTERNATIVES
removal services.
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6. F
CONSENT AGENDA
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve proposal from Tactical Team Building, in
EQUESTED CTION BY ITY OMMISSION
the amount of $15,000 to prepare/present a workshop on Tactical Team Building for police
personnel facilitated by Psychologist Ronal Jay Cohen, Ph.D, ABPP and Barbara Pavlo, Psy.D.
ER:
Approve proposal from Tactical Team Building, in the amount of
XPLANATION OF EQUEST
$15,000 to prepare/present a workshop on Tactical Team Building for police personnel facilitated
by Psychologist Ronal Jay Cohen, Ph.D, ABPP and Barbara Pavlo, Psy.D.
This workshop course is designed to assist law enforcement professionals with
strategies when it relates to constructive conflict resolutions within intra-agency conflict
and effective communication. Participants additionally would be more cognizant of the
need to resolve intra-agency conflict in ways that not only address their own individual
needs, but also in the best interest of the agency.
Psychologists Cohen and Barbara Pavlo will team teach personnel, sworn and civilian
both, on site in four sessions on four consecutive days of a week in May 2014. This
workshop combines activities such as individual introspection, small group discussion
and role-playing.
H?
This training will assist police
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
personnel (civilian and sworn) how to effectively resolve intra-agency conflict and help
create a solution conducive atmosphere for conflict resolution amongst each other.
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FI:
The $15,000 will be paid out of the Law Enforcement Education Fund
ISCAL MPACT
(691-5000-590-04-21) which has a current balance in excess of $78,073.65. It should
be noted the proposed training costs include travel/lodging.
A:
Not providing the training.
LTERNATIVES
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6. G
CONSENT AGENDA
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Award the Bid with the Southeast Florida
EQUESTED CTION BY ITY OMMISSION
Governmental Purchasing Cooperative Group for Hydrofluosilicic Acid (fluoride) to Harcros
Chemicals, Inc. as the lowest, most responsive and responsible bidder meeting all specifications.
This chemical will be ordered on an "As Needed Basis". The City's anticipated annual
expenditure is $40,000.00. The City of Fort Lauderdale as lead agency complied with public bid
requirements equal to or exceeding the City of Boynton Beach bid requirements.
BIDTERM:
M1,2014F29,2015
ARCH TO EBRUARY
ER:
XPLANATION OF EQUEST
On January 26, 2000, City Commission approved the addition of fluoride to the City’s
water supply as a safe and effective means of reducing dental cavities and tooth loss
across all age groups. The City of Boynton Beach participated in the bid for
Hydrofluosilicic Acid (fluoride) with the SE Florida Co-op Purchasing Group. The Fort
Lauderdale City Commission approved an award to Harcros Chemicals, Inc. for the low
bid price of $.25 per pound for full truck loads with one stop. Less than full truck loads,
regardless of the number of stops is $.265 per pound. The Utilities Department’s
annual usage of this chemical is 200,000 lbs.
This bid may be renewed for three (3) one-year terms.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Lack of potable water fluoridation would have an adverse effect on the water
consumer’s dental hygiene.
FI:
ISCAL MPACT
The anticipated annual expense is expected to be $40,000. The City is currently paying
$.295 per pound for the hydrofluosilicic acid by participating in the previous SE Florida
Co-op bid. The new bid price will be $.25 per pound.
Actual Expenditure for fluoride in FY 2012-2013: $39,862.00
Actual Expenditure to date for FY 2013-2014: $27,364.50
Funds have been budgeted in account number 401-2811-536-52-35.
A:
LTERNATIVES
The City of Boynton Beach could issue its own bid, but would receive higher pricing due
to smaller quantities of chemical usage. The Co-op receives favorable pricing due to
greater purchasing power.
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6. H
CONSENT AGENDA
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on February 18, 2014
The City Commission met on February 18, 2014 and minutes were prepared from the
notes taken at the meetings. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City
of Boynton Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. I
CONSENT AGENDA
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-021 -
EQUESTED CTION BY ITY OMMISSION
Approve Three (3) year agreements with Arthur J. Gallagher Risk Management Services, Inc. of
Boca Raton, FL and Gehring Group, Inc. of Palm Beach Gardens, FL for an annual cost not to
exceed $75,000 for insurance broker services as a result of RFP #033-1710-14/JMA.
:A01,2014M31,2017
AGREEMENT PERIOD PRIL THRU ARCH
ER:
The City’s Finance Department issued Request for
XPLANATION OF EQUEST
Proposals #033-1710-14/JMA for “THREE YEAR CONTRACT FOR INSURANCE
BROKER SERVICES” for the City’s Property and Casualty Program, including
renewal/placement of business lines to include automobile insurance, equipment
breakdown insurance and inland marine insurance for marine vessels and equipment,
etc. The RFP’s were opened on February 13, 2014, six (6) prospective brokers
responded. The submissions were evaluated by Human Resources/Risk Management
Personnel. The recommendation is to award agreements to Arthur J. Gallagher and
Gehring Group, Inc. per the attached evaluation sheet. The term of the agreement is for
a three (3) year period with the option to renew for two (2) one (1) year renewals.
The Brokers will make recommendations to City staff concerning individual lines of
insurance coverage and associated premiums that will be brought back to the
Commission for approval.
H?
This will allow for continuing
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
program operations as currently established. Selected brokers will be authorized to
submit requests for renewal/placement of insurance programs in insurance markets.
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Insurance program selection and placement will be submitted to City Commission for
approval. The lines of insurance assigned to the brokers as a result of premium limits
and deductibles will determine the amount of broker fees paid to each firm on an annual
basis.
FI:
Costs for this agreement is budgeted in the HR/Risk Management
ISCAL MPACT
budget line items 522-1710-519-4502.
A:
Non-renewal of selected insurance programs leaving the City
LTERNATIVES
vulnerable to catastrophic events.
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RESOLUTION NO. R 14-021
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AWARDING THREE
YEAR BROKER AGREEMENTS (RFP #033-1710-14/JMA) BETWEEN
THE CITY OF BOYNTON BEACH AND ARTHUR J. GALLAGHER RISK
MANAGEMENT SERVICES, INC., OF BOCA RATON, FLORIDA AND
GEHRING GROUP, INC., OF PALM BEACH GARDENS, FLORIDA FOR
AN ANNUAL COST NOT TO EXCEED $75,000 FOR INSURANCE
BROKERAGE SERVICES; AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE BROKER AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach issued a Request for Proposals (RFP #033-
1710-14/JMA) for “THREE YEAR CONTRACT FOR INSURANCE BROKER
SERVICES” for the City’s Property and Casualty Program, including renewal/placement of
business lines to include automobile insurance, equipment breakdown insurance and inland
marine insurance for marine vessels and equipment; and
WHEREAS
, on February 13, 2014, Procurement Services opened and tabulated six
(6) proposals for the referenced RFP; and
WHEREAS,
all proposals were reviewed and it was determined that Arthur J.
Gallagher Risk Management Services, Inc., and Gehring Group, Inc., were the lowest, most
responsive bidders who met all specifications.
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 and awards Broker Agreements to Arthur J. Gallagher Risk Management Services,
Inc. and Gehring Group, Inc., for Insurance Brokerage Services in response to (RFP#033-
1710-14/JMA) for an annual cost not to exceed $75,000.00.
Section 3. The City Commission authorizes the City Manager and City Clerk to
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execute Broker Agreements with Arthur J. Gallagher Risk Management Services, Inc. and
Gehring Group, Inc., copies of which are attached hereto as Exhibits “A” and “B”.
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS 4th day of March, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST: _______________________________
Commissioner – Joe Casello
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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AGREEMENT
FOR
“THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
Arthur J. Gallagher Risk Management Services, Inc
as “the City”, and hereinafter
referred to as “the Broker”, in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
1.BROKER
PROJECT DESIGNATION. The BROKER is retained by the City to perform
SERVICESRFP#033-1710-14/JMA
in connection with the services outlined in .
2.SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit “A”
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3.TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Broker to proceed. Broker shall perform all services and
April 1, 2014.
provide all work product required pursuant to this Agreement effective
4.TERM. This Agreement shall be for a period of three (3) years commencing April 1, 2014
through March 31, 2017 with optional renewals for two (2) one-year periods at the discretion
of the City based on mutually agreed upon rates.
5. PAYMENT. The Broker shall be paid by the Provider/City for completed work and for
services rendered under this Agreement as follows:
Not to exceed $75,000 Annually
a. The total contract price, , shall be the total amount of
payment to Broker for services provided under this Agreement for the entire term of the
Agreement
b. Payment for the work provided by Broker shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Broker shall not
exceed the total contract price without express written modification of the Agreement signed
by the City Manager or designee.
c. The Broker may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Broker in the amount approved.
d. Final payment of any balance due the Broker of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Broker’s records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
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6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Broker in connection with the services rendered under this
agreement shall be the property of the City whether the project for which they are made is
executed or not. The Broker shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Broker’s endeavors.
7. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this agreement.
8.INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Broker’s own employees, or damage to
property occasioned by a negligent act, omission or failure of the Broker.
9.INSURANCE. The Broker shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to
limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10.INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Broker nor any employee of Broker shall be
entitled to any benefits accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Broker, or any employee of
Broker.
11. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Broker, to solicit or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Broker,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
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12. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
14.
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
15.TERMINATION.
a.The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Broker.
b.In the event of the death of a member, partner or officer of the Broker, or any of its
supervisory personnel assigned to the project, the surviving members of the Broker
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Broker and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
ATTN: Lori LaVerriere, City Manager
Notices to Broker shall be sent to the following address:
Arthur J. Gallagher Risk Management Services, Inc.
2255 Glades Road
Suite 200E
Boca Raton, FL 33431
ATTN: Judith A. Arenz, CPCU
18. PUBLIC RECORDS: The City of Boynton Beach is a public agency subject to Chapter 119,
Florida Statutes. The contractor shall comply with Florida’s Public Records Law.
Effective July 1, 2013, Section 119.0701, Fla. Stat., the contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
206 of 221
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. Statutes., or as otherwise provided by law;
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
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.
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Broker and supersedes
all prior negotiations, representations, or Agreements written or oral. This Agreement may be
amended only by written instrument signed by both City and Broker.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH:
_________________________________ __________________________________
City Manager Broker
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
207 of 221
_________________________________ __________________________________
Office of the City Attorney Secretary
Exhibit “A”
Scope of Services RFP #033-1710-14/JMA
The primary objective of this Request for Proposal is to establish a well-defined broker service
program for the implementation and administration of the City of Boynton Beach’s property and
casualty and vehicle lines of insurance coverage. The successful proposer(s) will work closely
with Risk Management to ensure that all of the City’s potential loss exposures are adequately
addressed through risk transfer/retention options.
The City of Boynton Beach is requesting proposals for the purpose of selecting one, with a
maximum of two insurance brokers and/or agents to provide Risk Management expertise and
advice and to market and place property, casualty and vehicle insurance on its behalf. The
selected broker(s) will be expected to provide a full range of services, including, but not limited
to, placing the City’s insurance coverage, assisting with insurance related issues, and providing
insurance coverage recommendations.
NOT
Proposers shall approach any markets at this time and are not to respond by providing
insurance quotations. There shall be no contact with carriers for the purpose of preparing
proposals to the City. Proposals will be limited to presentations of service capabilities as they
relate to the City’s various exposures to loss.
The selected broker(s) will be responsible for designing an insurance program acceptable to the
City of Boynton Beach and that may include, but is not limited to, the following insurance
coverage:
1. Property Insurance: For the purpose of this proposal, property insurance encompasses
municipal and utilities property insurance, and others that may be required by the
City’s Director of Human Resources/Risk Management.
2. Casualty Insurance: For the purpose of this proposal, casualty insurance includes general
liability, workers’ compensation, employee benefits liability, public officials and
employees liability, special events, crime and facility use liability and other insurance
that is typically referred to as Casualty. It does not include healthcare or short and long-
term disability.
3. Automobile Liability and Physical Damage: This includes all City Vehicles.
208 of 221
The City retains the right to place any of this coverage directly with direct writers, pools or trusts
when considered to be in the City’s best interest.
A. TRANSITION
The City’s existing property and casualty brokers are Arthur J. Gallagher and Ascension
Insurance Administrators. The broker for the City’s automobile liability insurance is Arthur J.
Gallagher. They will continue to service the City until otherwise notified. The City’s current
automobile, property, and casualty policies expire March 31, 2014. All coverage and contracts
are to be effective April 1, 2014.
B. GENERAL REQUIREMENTS
The awarded broker(s) shall provide the professional services necessary to perform the following
general requirements at no additional charge included in their annual fee:
1. Awarded broker shall assist in risk exposure evaluations to identify and measure
exposure to loss faced by the City.
2. Awarded broker shall prepare insurance coverage specifications in accordance with
established risk/retention thresholds and advise on coverage issues concerning the City
which include but are not limited to, insurance covering the common areas shared with
other inter-local governments.
3. At the direction of the City’s Director of Human Resources/Risk Management, the broker
shall market insurance programs. The City generally will not ask more than one broker
agency to obtain competing quotations from Underwriters because it believes that the
account is best served by a fully informed firm working in partnership with the City to
design and negotiate the most advantageous programs.
4. The awarded broker shall provide timely reports of progress in the markets.
5. The broker shall provide all quotations net of commission from the Underwriter(s) with
detailed recommendations to the City on which Underwriter(s) would best provide the
desired insurance coverage. The City will review proposed carriers and give approval of
acceptability.
6. Awarded broker shall place the insurance coverage with the Insurer/Underwriter(s)
chosen by the City on the most favorable terms and conditions.
7. Upon specific request from the City, broker shall assist in loss settlements with insurers.
8. Awarded broker shall provide verifications of insurance as needed by the City to satisfy
various lending institutions, mortgage holders, lessors and contracts.
9. Awarded broker shall promptly deliver binders, policies and other related documents as
needed and when required.
209 of 221
10. Awarded broker shall aid in the development and evaluation of risk retention/transfer
alternatives which present reasonable means for the City to limit its loss exposure.
11. Awarded broker shall provide assistance in the form of advisory services or written
reports as is customarily expected from a professional insurance agent/broker upon the
City’s request.
12. Awarded broker shall review insurance company recommendations for appropriateness.
13. Awarded broker shall have knowledge of package programs that may provide coverage
for multiple lines of insurance.
14. Awarded broker shall have knowledge of and access to Florida Public Entity pools or
trust.
15. Awarded broker shall have the ability to provide an analysis of probable maximum loss
maximum foreseeable loss calculations prepared in a form and in a manner acceptable to
potential insurers.
16. Awarded broker shall suggest alternative risk financing vehicles to reduce the City’s cost
of Risk.
17. Awarded broker shall provide insurance coverage summaries and/or descriptions as
requested by the City.
18. As request by the City, awarded broker shall provide schedule of policies, policy period,
coverage provisions and premiums.
210 of 221
AGREEMENT
FOR
“THREE YEAR CONTRACT FOR INSURANCE BROKER SERVICES”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
Gehring Group, Inc.
as “the City”, and hereinafter referred to as “the Broker”, in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
5.BROKER
PROJECT DESIGNATION. The BROKER is retained by the City to perform
SERVICESRFP#033-1710-14/JMA
in connection with the services outlined in .
6.SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit “A”
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
7.TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Broker to proceed. Broker shall perform all services and
April 1, 2014.
provide all work product required pursuant to this Agreement effective
8.TERM. This Agreement shall be for a period of three (3) years commencing April 1, 2014
through March 31, 2107 with optional renewals for two (2) one-year periods at the discretion
of the City based on mutually agreed upon rates.
5. PAYMENT. The Broker shall be paid by the Provider/City for completed work and for
services rendered under this Agreement as follows:
Not to exceed $60,000 Annually
a. The total contract price, , shall be the total amount of
payment to Broker for services provided under this Agreement for the entire term of the
Agreement
b. Payment for the work provided by Broker shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Broker shall not
exceed the total contract price without express written modification of the Agreement signed
by the City Manager or designee.
c. The Broker may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Broker in the amount approved.
d. Final payment of any balance due the Broker of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Broker’s records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
211 of 221
18.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Broker in connection with the services rendered under this
agreement shall be the property of the City whether the project for which they are made is
executed or not. The Broker shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Broker’s endeavors.
19. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this agreement.
20.INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Broker’s own employees, or damage to
property occasioned by a negligent act, omission or failure of the Broker.
21.INSURANCE. The Broker shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to
limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
22.INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Broker nor any employee of Broker shall be
entitled to any benefits accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Broker, or any employee of
Broker.
23. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Broker, to solicit or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Broker,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
212 of 221
24. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
25. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
26.
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
27.TERMINATION.
c.The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Broker.
d.In the event of the death of a member, partner or officer of the Broker, or any of its
supervisory personnel assigned to the project, the surviving members of the Broker
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Broker and the City, if the City so chooses.
28. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
29.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
ATTN: Lori LaVerriere, City Manager
Notices to Broker shall be sent to the following address:
Gehring Group, Inc.
11505 Fairchilde Gardens Avenue
Suite 202
Palm Beach Gardens, FL 33410
ATTN: Kurt Gehring
18. PUBLIC RECORDS: The City of Boynton Beach is a public agency subject to Chapter 119,
Florida Statutes. The contractor shall comply with Florida’s Public Records Law.
Effective July 1, 2013, Section 119.0701, Fla. Stat., the contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
213 of 221
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. Statutes., or as otherwise provided by law;
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
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.
INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Broker and supersedes
all prior negotiations, representations, or Agreements written or oral. This Agreement may be
amended only by written instrument signed by both City and Broker.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH:
_________________________________ __________________________________
City Manager Broker
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
214 of 221
_________________________________ __________________________________
Office of the City Attorney Secretary
Exhibit “A”
Scope of Services RFP #033-1710-14/JMA
The primary objective of this Request for Proposal is to establish a well-defined broker service
program for the implementation and administration of the City of Boynton Beach’s property and
casualty and vehicle lines of insurance coverage. The successful proposer(s) will work closely
with Risk Management to ensure that all of the City’s potential loss exposures are adequately
addressed through risk transfer/retention options.
The City of Boynton Beach is requesting proposals for the purpose of selecting one, with a
maximum of two insurance brokers and/or agents to provide Risk Management expertise and
advice and to market and place property, casualty and vehicle insurance on its behalf. The
selected broker(s) will be expected to provide a full range of services, including, but not limited
to, placing the City’s insurance coverage, assisting with insurance related issues, and providing
insurance coverage recommendations.
NOT
Proposers shall approach any markets at this time and are not to respond by providing
insurance quotations. There shall be no contact with carriers for the purpose of preparing
proposals to the City. Proposals will be limited to presentations of service capabilities as they
relate to the City’s various exposures to loss.
The selected broker(s) will be responsible for designing an insurance program acceptable to the
City of Boynton Beach and that may include, but is not limited to, the following insurance
coverage:
1. Property Insurance: For the purpose of this proposal, property insurance encompasses
municipal and utilities property insurance, and others that may be required by the
City’s Director of Human Resources/Risk Management.
2. Casualty Insurance: For the purpose of this proposal, casualty insurance includes general
liability, workers’ compensation, employee benefits liability, public officials and
employees liability, special events, crime and facility use liability and other insurance
that is typically referred to as Casualty. It does not include healthcare or short and long-
term disability.
3. Automobile Liability and Physical Damage: This includes all City Vehicles.
The City retains the right to place any of this coverage directly with direct writers, pools or trusts
when considered to be in the City’s best interest.
215 of 221
A. TRANSITION
The City’s existing property and casualty brokers are Arthur J. Gallagher and Ascension
Insurance Administrators. The broker for the City’s automobile liability insurance is Arthur J.
Gallagher. They will continue to service the City until otherwise notified. The City’s current
automobile, property, and casualty policies expire March 31, 2014. All coverage and contracts
are to be effective April 1, 2014.
B. GENERAL REQUIREMENTS
The awarded broker(s) shall provide the professional services necessary to perform the following
general requirements at no additional charge included in their annual fee:
1. Awarded broker shall assist in risk exposure evaluations to identify and measure
exposure to loss faced by the City.
2. Awarded broker shall prepare insurance coverage specifications in accordance with
established risk/retention thresholds and advise on coverage issues concerning the City
which include but are not limited to, insurance covering the common areas shared with
other inter-local governments.
3. At the direction of the City’s Director of Human Resources/Risk Management, the broker
shall market insurance programs. The City generally will not ask more than one broker
agency to obtain competing quotations from Underwriters because it believes that the
account is best served by a fully informed firm working in partnership with the City to
design and negotiate the most advantageous programs.
4. The awarded broker shall provide timely reports of progress in the markets.
5. The broker shall provide all quotations net of commission from the Underwriter(s) with
detailed recommendations to the City on which Underwriter(s) would best provide the
desired insurance coverage. The City will review proposed carriers and give approval of
acceptability.
6. Awarded broker shall place the insurance coverage with the Insurer/Underwriter(s)
chosen by the City on the most favorable terms and conditions.
7. Upon specific request from the City, broker shall assist in loss settlements with insurers.
8. Awarded broker shall provide verifications of insurance as needed by the City to satisfy
various lending institutions, mortgage holders, lessors and contracts.
9. Awarded broker shall promptly deliver binders, policies and other related documents as
needed and when required.
10. Awarded broker shall aid in the development and evaluation of risk retention/transfer
alternatives which present reasonable means for the City to limit its loss exposure.
216 of 221
11. Awarded broker shall provide assistance in the form of advisory services or written
reports as is customarily expected from a professional insurance agent/broker upon the
City’s request.
12. Awarded broker shall review insurance company recommendations for appropriateness.
13. Awarded broker shall have knowledge of package programs that may provide coverage
for multiple lines of insurance.
14. Awarded broker shall have knowledge of and access to Florida Public Entity pools or
trust.
15. Awarded broker shall have the ability to provide an analysis of probable maximum loss
maximum foreseeable loss calculations prepared in a form and in a manner acceptable to
potential insurers.
16. Awarded broker shall suggest alternative risk financing vehicles to reduce the City’s cost
of Risk.
17. Awarded broker shall provide insurance coverage summaries and/or descriptions as
requested by the City.
18. As request by the City, awarded broker shall provide schedule of policies, policy period,
coverage provisions and premiums.
217 of 221
14. A
FUTURE AGENDA ITEMS
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-002 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - Rescinding Ordinance 13-014 - land use designation for 125 East Ocean
Avenue - 3/18/2014
(This item is scheduled for the February 25, 2014, Planning & Development Board meeting)
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
218 of 221
14. B
FUTURE AGENDA ITEMS
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
An Ordinance rescinding Ordinance 13-001 which
EQUESTED CTION BY ITY OMMISSION
established a local/city historic designation for the old high school. Future item March 18, 2014
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
219 of 221
14. C
FUTURE AGENDA ITEMS
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Award Police Facility architect and design contract
EQUESTED CTION BY ITY OMMISSION
and Task Order No. 1 for space needs update and preliminary cost estimate. 3-18-14
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
220 of 221
14. D
FUTURE AGENDA ITEMS
March 4, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 4, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
A Strategic Planning Update Workshop with Lyle
EQUESTED CTION BY ITY OMMISSION
Sumek will be held on April 24, 2014 from 9:00 a.m. to 12:00 noon at the Intracoastal Park
Clubhouse located at 2240 N. Federal Highway in Boynton Beach, FL
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
221 of 221