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Agenda 08-16-16The City of Boynton Beach City Commission Agenda Tuesday, August 16, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 REVISED Regular City Commission Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 717 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). Page 2of717 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Rev. Woodrow Hay - Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Katz 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. Recognition of Boynton Beach Firefighter/Paramedic Vishnu (Brett) Siew by Palm Beach County Commissioner Shelly Vana for a heroic off-duty action that saved the life of man near the Winston Trails Community. B. Proclaim August 31, 2016 as National Overdose Awareness Day. Sharon Burns Carter with the Southeast Florida Recovery Coalition will be present to accept the proclamation. C. Presentation by Golf Course Manager Ron Tapper about The Links at Boynton Beach. D. The schedule for September City Commission meetings is as follows: • Regular City Commission Meeting & 1st Budget Public Hearing - Thursday, September 8, 2016 @ 6:30 p.m. in Commission Chambers; • Special City Commission Meeting to adopt the final Fire Assessment Rate Resolution - Tuesday, September 13, 2016 @ 6:00 p.m. in Commission Chambers; and • Regular City Commission Meeting & 2nd Budget Public Hearing to adopt the Final Millage Rate and Final Budget for FY 2016-17 - Tuesday, September 20, 2016 @ 6:30 p.m. in Commission Chambers E. The Boynton Beach Community Redevelopment Agency will hold its Fiscal Year 2016-2017 Public Budget Meeting: • 6:OOpm Wednesday, August 17, 2016 at Intracoastal Park Clubhouse F. Announce early voting for the August 30th Primary Election being held from Monday, August 15th through Sunday, August 28th at the Ezell Hester Community Center. The polls are open from 10 a.m. to 6 p.m. each day. 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) Page 3of717 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 2 Regs and 1 Alt Education and Youth Advisory Bd: 2 Alts and 1 Stu N/V Library Bd: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts 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. PROPOSED RESOLUTION NO. R16-096 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R16-097 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with the City of Boca Raton and the Boca Raton Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. C. PROPOSED RESOLUTION R16-098 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with Palm Beach County and the Palm Beach County Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. D. PROPOSED RESOLUTION NO. R16-099 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with the City or Delray and the Delray Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. E. PROPOSED RESOLUTION NO 16-100 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Richelet & Roseline Cherisma for the property at 1029 Oleander Road, Lantana, FL 33462. F. Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR FREIGHTLINER VEHICLES AND EQUIPMENT- Bid # 060- 1412-16/MFD to one (1) company: Lou Bachrodt Freightliner, who met all specifications with an estimated annual amount of $25,000. This bid allows for two (2) additional one (1) year edensions. G. Approve the Bid Award for "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES' Bid # 059-1412-16/MFD to the following five (5) companies: Lou Bachrodt Freightliner, Kenworth of South Florida, Truck Pro, L & L Distributors and Eagle Auto Parts on a primary, secondary, and multiple third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of Page 4of717 $55,000. This bid provides for two (2) additional one (1) year extensions. H. Accept the written report to the Commission for purchases over $10,000 for the month of July 2016. Approve the minutes from the Special Meetings held on July 12th and July 18th and the Regular City Commission meeting held on August 2, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve and authorize the City Manager to execute required documents to renew the employee group medical and dental insurance programs for fiscal year 2016-2017 per the renewal clauses in Request for Proposal for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048-1610-14/JMA: PROPOSED RESOLUTION NO. R16-101 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's group Medical Insurance for the plan year October 1, 2016 through September 30, 2017; PROPOSED RESOLUTION NO. R16-102 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2016 through September 30, 2017. B. Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT' Bid # 053-1412-16/MFD to the following five (5) companies: Palm Truck, Nextran, McNeilus Truck, Pat's Pump and Southern Sewer on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $100,000. This bid allows for two (2) additional one (1) year extensions. C. Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT' Bid # 054-1412-16/MFD to the following four (4) company: Steve Moore Chevrolet, AI Packer Ford, Delray Motors and Wallace Ford on a lot by lot basis, to the lowest, most responsive, responsible bidder who met all specifications with an estimated annual amount of $155,000. This bid allows for two (2) additional one (1) year extensions. D. Approve the Bid Award for "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" Bid # 052-1412-16/MFD to the following five (5) companies: Vehicle Maintenance Program, Bennett Auto Supply, The Parts House, Eagle Auto Parts and Cold Air Distributors on a primary, two (2) secondary, and two (2) third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $125,000. This bid allows for two (2) additional one (1) year extensions. E. Approve the purchase of four Godwin Dri-Prime Backup Systems for four high-flow Lift Stations utilizing The Florida Sheriffs Association and Florida Association of Counties Bid Award No. 15-13- 0904, for the total amount of $133,239.40. F. Approve a purchase from AWC, Inc. in the amount of $252,000 to furnish, install and program two (2) Siemens Sinamics G150 variable frequency drives (VFDs) used at Boynton Beach Utilities (BBU) West Water Treatment Plant (West WTP) as a sole source. G. Approve the purchase and installation of new fuel system at the Public Works Complex and Fire Station #5 from Advanced Petroleum Systems, Inc. utilizing the National Joint Powers Association (NJPA) contract #051613 -SYS in the amount of $149,240. NJPA satisfies the public bid requirements. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None Page 5of717 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 16-017 - FIRST READING - Approve City ordinance creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. B. PROPOSED ORDINANCE NO. 16-018 - FIRST READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. C. Approve Major Site Plan Modification request to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi -Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. (TABLED on 6/21/16 for 90 days) 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-103 - Authorize the execution of a second amendment to the lease agreement for telecommunications tower site with UNISITE, LLC (American Tower Corp) to allow for five (5) additional five-year terms, thereby extending the lease agreement 25 years to October 11, 2049 for the existing telecommunications tower at Quantum Park (3101 Quantum Boulevard). B. PROPOSED RESOLUTION NO. R16-104 - Authorize the City Manager to sign an Agreement with CareATC of Tulsa, OK to provide Employee Health Center Administration as a result of RFP No. 037-1610-16/J MA. C. Commission discussion of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL - None 15. FUTURE AGENDA ITEMS A. 2016 Boynton Beach CRA Consolidated Plan - September 8, 2016 B. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - TBD Page 6of717 C. Monthly Departmental Presentations: Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 D. City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD E. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 F. Upon successful negotiations, the Commission will ratify the IAFF, SEIU and PBA union contracts - TBD G. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. - September 20, 2016 16. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page7of717 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Invocation by Rev. Woodrow Hay - Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Katz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date 1.A. OPENING ITEMS 8/16/2016 Page 8of717 City Clerk Pyle, Judith Approved 8/12/2016 - 9:39 ANA Page 9 of 717 2.A. OTHER 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 8/12/2016 - 0:80 AM Page 10 of 717 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Recognition of Boynton Beach Firefighter/Paramedic Vishnu (Brett) Siew by Palm Beach County Commissioner Shelly Vana for a heroic off-duty action that saved the life of man near the Winston Trails Community. EXPLANATION OF REQUEST - Off -duty Boynton Beach Firefighter/Paramedic Vishnu (Brett) Siew saved the life of man who was not responding after a car accident in west Boynton Beach by performing chest compressions and utilizing an automated external defibrillator provided by the Palm Beach Sheriff's Office upon arrival. Tyler Grey, a student at Park Vista High School, assisted by providing CPR that he had learned only two weeks before. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: Do not permit recognition. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date LaVerriere, Lori Approved 8/12/2016 - 8:34 AM Howard, Tim Approved 8/12/2016 - 8:43 AM LaVerriere, Lori Approved 8/12/2016 - 0:06 AM Page 11 of 717 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Proclaim August 31, 2016 as National Overdose Awareness Day. Sharon Burns Carter with the Southeast Florida Recovery Coalition will be present to accept the proclamation. EXPLANATION OF REQUEST: Raise awareness in order to combat stigma and educate the community about prescription drug poisoning (overdose) prevention. More people have died from drug overdoses in the United States in 2014 than during any previous year on record. From 2000 to 2014 nearly half a million persons in the United States have died from drug overdoses. In 2014, there were approximately one and a half times more drug overdose deaths in the United States than deaths from motor vehicle crashes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Do not make the proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 12 of 717 Type Description D Proclamation Proclamation REVIEWERS: Department Reviewer Action Date City Clerk Foyle, Judith Approved 6l912016- 10:59 ANA Finance Howard, Tim Approved 6l912016 - 12:19 PPA City Manager LaVerriere, Lori Approved 6l912016 - 12:66 PPA Page 13 of 717 PROCLAMATION WHEREAS, addiction is an American Medical Association defined disease and the stigma associated with addiction must be addressed so that no one feels shame or disgrace over a legal or illegal dug poisoning (overdose) and; WHEREAS, drug poisoning (overdose) is the number one cause of injury deaths in the nation with an accidental drug overdose death occurring every 11 minutes, surpassing deaths from motor vehicle accidents or gun homicides; and WHEREAS, according to the Florida Medical Examiners Commission, there were 1,752 accidental deaths in the State of Florida during 2014 caused by a prescription drug poisoning (overdose) including 110 in Palm Beach County; and WHEREAS, according to Florida Agency for Health Care Administration, there were 11,905 hospital patients admitted for prescription opioid drug poisoning (overdose) during 2014 in Florida, including 826 patients in Broward County, 704 in Palm Beach County, and 482 in Miami -Dade County; and WHEREAS, the City of Boynton Beach remains committed to raising awareness in order to combat stigma and educate our community about prescription drug poisoning (overdose) prevention; NOW THEREFORE, I Steven B. Grant, Mayor of City of Boynton Beach, Florida do hereby proclaim August 31, 2016 as: OVERDOSE AWARENESS DAY And urge all residents to learn about this disease and to aid and support those that are affected by it. 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 on August Sixteenth, Two Thousand and Sixteen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) Page 14 of 717 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Presentation by Golf Course Manager Ron Tapper about The Links at Boynton Beach. EXPLANATION OF REQUEST. The 3-4 minute PowerPoint presentation will highlight The Links at Boynton Beach's activities/events and in-house projects. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No effect. FISCAL IMPACT. None ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Golf Course Tapper, Ron Approved 8/10/2016 - 8:30 AM Finance Howard, Tim Approved 8/10/2016 - 8:40 AM City Manager LaVerriere, Lori Approved 8/11/2016 - 2:38 PM Page 15 of 717 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: The schedule for September City Commission meetings is as follows: Regular City Commission Meeting & 1st Budget Public Hearing - Thursday, September 8, 2016 @ 6:30 p.m. in Commission Chambers; Special City Commission Meeting to adopt the final Fire Assessment Rate Resolution - Tuesday, September 13, 2016 @ 6:00 p.m. in Commission Chambers; and Regular City Commission Meeting & 2nd Budget Public Hearing to adopt the Final Millage Rate and Final Budget for FY 2016-17 - Tuesday, September 20, 2016 @ 6:30 p.m. in Commission Chambers EXPLANATION OF REQUEST: Public Meetings have been scheduled to adopt the FY 16/17 Budget and Millage, and to adopt the FY 16/17 Fire Assessment. They will be held in the City Hall Commission Chambers: Thursday - 9/8/16 6:30 pm First Public Budget Hearing to Adopt FY 16/17 Proposed Budget Tuesday - 9/13/16 6:00 pm Special Commission Meeting to Adopt Final Fire Assessment Resolution Tuesday - 9/20/16 6:30 pm Second Public Budget Hearing to Adopt Final Millage Rate and FY 16/17 Final Budget The Meetings will be advertised per Sunshine Law. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 16 of 717 Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 121201 - 9:51 AM /2/201 - 9:51 AM /9/201 - 12:53 PPA Page 17 of 717 3.E. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: The Boynton Beach Community Redevelopment Agency will hold its Fiscal Year 2016-2017 Public Budget Meeting: • 6:00pm Wednesday, August 17, 2016 at Intracoastal Park Clubhouse EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 8/0/2016 - 6:06 PM Howard, Tim Approved 8/0/2016 - 6:06 PM LaVerriere, Lori Approved 8/11/2016 - 2:30 PM Page 18 of 717 3.F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Announce early voting for the August 30th Primary Election being held from Monday, August 15th through Sunday, August 28th at the Ezell Hester Community Center. The polls are open from 10 a.m. to 6 p.m. each day. EXPLANATION OF REQUEST. Florida Statutes 101.657(1)(a) states, "The supervisor may also designate any city hall, permanent public library facility, fairground, civic center, courthouse, county commission building, stadium, convention center, government-owned senior center, or government-owned community center as early voting sites; however, if so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is practicable." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Accommodations are made by staff to facility voting for all citizens. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 8/2/2016 - 3:02 PM Howard, Tim Approved 8/8/2016 - 8:35 AM LaVerriere, Lori Approved 8/9/2016 - 12:56 PM Page 19 of 717 Page 20 of 717 5.A. ADMINISTRATIVE 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Education and Youth Advisory Bd: 2 Alts and 1 Stu N/V Library Bd: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts EXPLANATION OF REQUEST. The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Other Description Appointments 8-16-16 Page 21 of 717 r D Cather D Cather REVIEWERS: Department City Clerk Reviewer MMMM Action Approved Date 81121201 - 9:39 ANA Page 22 of 717 i r � � i 1* 1 • ! � � � � f , • r-nTrq• , 1', IV Casello Reg 3 yr term to 12/17 Tabled (3) Mayor Grant Reg 3 yr term to 12/17 Tabled (3) 1 Katz Alt 1 yr term to 12/16 Tabled (3) Applicants None Education and Youth Advisory Board 1 Katz Alt 1 yr term to 12/16 11 McCray Alt 1 yr term to 12/16 Mayor Grant Stu NN 1 yr term to 12/16 Tabled (2) Dariana Rodriguez - Student Library Board 1 Katz Reg 2 yr term to 12/18 Tabled (3) :••= Christopher Montague III Romelus Reg IV Casello Alt Mayor Grant Alt Applicants Michael Brevda 2 yr term to 12/16 Tabled (3) 1 yr term to 12/16 1 yr term to 12/16 Page 23 of 717 From: mJb <noreply@123contactform.com> Sent: Monday, August 08, 2016 2:17 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 08/08/2016 Name Michael Brevda Gender Male Phone number 954-261-4955 Address 3635 Jamestown Lane Boynton Beach FL 33435 United States Email mjb@DCWLaw.com Current occupation or, if retired, prior Elder Abuse Attorney occupation Education Law Degree Are you a registered Yes oil - voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "Yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Senior Advisory Board Page 24 of 717 Persdnal * I have dedicated my practice to helping wrongfully injured seniors. I am already a Qualifications member of some state and national senior victims' rights groups, but I would love to do something more local in nature. My wife and I live in Boynton and I think I can add a lot to the Senior Advisory Board. Thanks for your consideration. For more on me, please visit: www.dewlaw.com/michael-brevda Professional American Association for Justice Memberships Florida Association for Justice Palm Beach County Justice Association Nursing Home Litigation Group (AAJ) Florida Blue Key Florida Bar Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 173.162.81.185 (United States) at 2016-08-08 13:16:45 on Chrome 51.0.2704.103 Entry ID: 174 Page 25 of 717 Pyle, Judith From: sofloguitar <noreply@123contactform.com> Sent: Tuesday, August 02, 2016 1:21 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 08/02/2016 Name Christopher Montague Gender Male Phone number 561-573-6358 Address 222 West Ocean Ave City limits? Boynton Beach F1 33435 Do you own/manage United States Email sofloguitarggmail.com Current occupation or, if retired, prior Self Employed. Owner of SoFlo Music School occupation Education BA in Geography from Florida Atlantic Avenue Are you a registered Yes 0 rG voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime. If "yes", when and where? Advisory Board Library Board 0 Page 26 of 717 Personal I live across the street from the library. I think it is an amazing resource for our city. Qualifications While I have never worked in a library, some of my favorite childhood memories are of times spent at public libraries. As a board member I would do everything to ensure the continued greatness of our lovely library! Thanks for your consideration. Professional Memberships Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.180.35.23 (United States) at 2016-08-02 12:21:16 on Safari 9.1.2 Entry ID: 171 Referrer: www.boynton-beach.org/officials/­­­community redevelopment agency advisory board.php Page 27 of 717 Ellis, Shayla From: dariana.rodriguez15 <noreply@123contactform.com> Sent: Sunday, August 07, 2016 5:11 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 08/07/2016 Name Dariana Rodriguez Gender Female Phone number 561-859-8087 Address 8 Walcott Dr Boynton Beach Fl 33426 0� r�`'-', United States - {� Email dari ana. rodri guez 15 a gmail.com c � Current occupation or, if Student Mn retired, prior occupation r Education Grade 10 Are you a registered voter? No n s Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications I enjoy interacting with people and would like to help make my community a better place. I participate in a Model Congress at school and I love politcs. I am the historian in Opertiom Smiles, an organization to help children with Cleft Lip. Professional Memberships - Harvard Model Congress (Historian) - Operatiom Smiles (Historian) 1 Page 28 of 717 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 107.77.215.229 (United States) at 2016-08-07 16:10:52 on Whone 9.0 Entry ID: 172 Referrer: www.boynton-beach.org/officials/advisory boards.php Page 29 of 717 CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-096 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City -contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 30 of 717 Is this a grant? Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Reviewer City Clerk Pyle, Judith Assistant City Manager Howard, Tim Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Nuisance Abatement and liens ExhibitA Action Date Approved 8/9/2016 - 11:01 AM Approved 8/9/2016 - 12:19 PPA Approved 8/9/2016 - 12:19 PPA Approved 8/11/2016 - 9:34 AM Approved 8/11/2016 - 2:39 PPA Page 31 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\A7EFBEAD-D702-4B89-B2F5-9FD80BDOC163\Boynton Beach.3791.1.Reso - Nuisance Abatement for 081616.doc Page 32 of 717 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2016, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\A7EFBEAD-D702-4B89-B2F5-9FD80BDOC163\Boynton Beach.3791.1.Reso - Nuisance Abatement for 081616.doc Page 33 of 717 '�' rn � rn rn rn rn rn rn o rn O o O O o 0 O 00 0 00 00 00 00 00 '.... +-+ Ln r, Ln m Co Ln Ln LD C' 3 r-I O' Q1 a) a) a) a) a) a) O C1 O O O O O O �...''._U 00 O 00 Ict 00 00 00 00 . m m rn Ln m m m 00 Q Ln r, m LO Ln Ln Ln C? 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E m t4, OT y C LL N v LL C a) EE c6 Ui N N a) c6 Z O LL Co ol 0 LU 0 1 H O V co (D O) (6 M CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-097 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with the City of Boca Raton and the Boca Raton Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. EXPLANATION OF REQUEST: Boynton Beach Fire Rescue is requesting the approval of the renewal of the Mutual Aid Contract, to ensure there be no lapse in coverage in the event that an emergency presents itself that the Fire Department must request assistance from outside agencies. This agreement ensures that if the other party is able to provide assistance, they will as well is if we are requested to provide service and we are able, we will. This agreement is vital to the operations of the fire department who may at any time face an emergency that is larger than what the department is able to handle. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enhance our capability to handle large scale emergencies that are one of a kind and tax the resources of the fire department beyond its capability. By authorizing this agreement, we ensure that additional resources are available to both parties to mitigate the emergency. Additionally, Mutual Aid Contracts enhance our capabilities and ensure our Insurance Service Organization (ISO) Rating of a 2. FISCAL IMPACT. Non -budgeted The fiscal impact cannot be calculated until after a request for assistance is made and the emergency is handled. However, the fiscal impact may include; time, fuel, wear and tear as well as other associated cost of the department to provide assistance. ALTERNATIVES: Forgo the agreement and increase the capabilities of the department to provide additional daily staffing, apparatus and equipment to handle a rare large case emergency that may happen at any time of the day, any day of the week, and any week of the year. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 35 of 717 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: City of Boca Raton START DATE: 10/1/2016 END DATE: 9/30/2026 CONTRACT VALUE: $0 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type REVIEWERS: Department Fire Finance Legal City Manager Description Resolution approving Mutual Aid Agreement with Boca Raton Mutual Aid Agreemnet w/ Boca Raton Reviewer Action Date Hoggatt, Gregg Approved 8/5/2016 - 1:31 PPA Howard, Tim Approved 8/5/2016 - 2:28 PPA Swanson, Lynn Approved 8/8/2016 - 1:58 PPA LaVerriere, Lori Approved 8/9/2016 - 12:52 PPA Page 36 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN AN EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF BOYNTON BEACH AND CITY OF BOCA RATON, EACH FOR A PERIOD OF TEN (10) YEARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and Emergency Medical response regardless of the availability of City responders; and WHEREAS, this Agreement will enhance the City Fire Rescue Department to handle large scale emergencies that are one of a kind and tax the resources of the fire department beyond its capability; and WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with the City of Boca Raton for several years. 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 hereby authorizes and directs the Mayor and City Clerk to sign the Emergency Services Agreement for Mutual Assistance and Automatic Aid Between the City of Boynton Beach and City of Boca Raton, for a period of ten (10) years, a copy of which is attached hereto as Exhibit "A". C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9E87A70C-CC21-4440-A2A8-46DD95B7D50E\Boynton Beach.3781.1.13oca Mutual_Aid_Agreement 2016_-_Reso.doc Page 37 of 717 30 Section 3. This Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2016. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9E87A70C-CC21-4440-A2A8-46DD95B7D50E\Boynton Beach. 3781.1. Boca Mutual_Aid_Agreement 2016_-_Reso.doc Page 38 of 717 EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF BOCA RATON AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this day of , 2016, by and between the CITY OF BOCA RATON, a Florida municipal corporation, by and through its City Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement presently maintains a Fire -Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted; or where a closest unit response is agreeable and in the public interest; or non -emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid or non -emergency assistance or logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree 1 Page 39 of 717 that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency, non -emergency or logistical support; and b. The type and quantity of equipment and/or personnel needed; and C. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The City of Boca Raton's representative and contract monitor during the performance of this Agreement shall be the Assistant Chief of Administration, whose telephone number is 561-982-4000. The City of Boynton Beach's representative and contract monitor during the performance of this Agreement shall be the Deputy Fire Chief of Operations, whose telephone number is (5 61) 742-6331. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. N Page 40 of 717 Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. However, notwithstanding anything herein to the contrary, either party may refuse to provide non -emergency assistance or logistical support for any reason or no reason. Section 5. Employee Functions: No employee of either parry to this Agreement shall perform any function or service, which is not within the employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. 3 Page 41 of 717 Section 8. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs associated with the rendering of mutual assistance/automatic aid services from the other agency. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice may be forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other parry and shall not otherwise use or disclose Protected Health Information ("PHP') or Electronic Protected Health Information ("e -PHP') except as permitted by the Health Insurance Portability and Accountability Act ("HIPAA"), the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. M Page 42 of 717 Section 10. Effective Date and Term: This Agreement shall take effect October 1, 2016, and continue for a term of ten years, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 13. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 14. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 15. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefiting from services hereunder will be treated equally and without regard to race, color, religion, national origin or ancestry, sex, sexual orientation, gender identity or expression, marital status, age, disability or any other characteristic or basis protected under federal or state law. Section 16. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 17. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or E Page 43 of 717 partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 18. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 19. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 20. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. no Page 44 of 717 Section 21. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City of Boca Raton shall be mailed to: Boca Raton Fire Rescue Fire Chief 6500 Congress Avenue Suite 200 Boca Raton, FL 33487 and if sent to the City of Boynton Beach shall be mailed to: Boynton Beach Fire Rescue Fire Chief 2080 High Ridge Road Boynton Beach, Florida 33426 Each party may change its address upon notice to the other. Section 22. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 23. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 24. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the City of Boca Raton shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims or damages arising out of the City of Boca Raton's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify, defend and hold harmless the City of Boca Raton against any actions, claims, or damages arising out of the City of Boynton Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 25. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. 7 Page 45 of 717 Section 26. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 27. No Third Party Beneficiary: No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any member of the general public and/or any employee of either parry to this Agreement. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. [Remainder of page left blank intentionally] M. Page 46 of 717 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: CITY OF BOCA RATON, FLORIDA By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: By: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney CITY OF BOYNTON BEACH, FLORIDA 9 Mayor Page 47 of 717 6.C. CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R16-098 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with Palm Beach County and the Palm Beach County Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. EXPLANATION OF REQUEST: Boynton Beach Fire Rescue is requesting the approval of the renewal of the Mutual Aid Contract, to ensure there be no lapse in coverage in the event that an emergency presents itself that the Fire Department must request assistance from outside agencies. This agreement ensures that if the other party is able to provide assistance, they will as well is if we are requested to provide service and we are able, we will. This agreement is vital to the operations of the fire department who may at any time face an emergency that is larger than what the department is able to handle. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enhance our capability to handle large scale emergencies that are one of a kind and tax the resources of the fire department beyond its capability. By authorizing this agreement, we ensure that additional resources are available to both parties to mitigate the emergency. Additionally, Mutual Aid Contracts enhance our capabilities and ensure our Insurance Service Organization (ISO) Rating of a 2. FISCAL IMPACT. Non -budgeted The fiscal impact cannot be calculated until after a request for assistance is made and the emergency is handled. However, the fiscal impact may include; time, fuel, wear and tear as well as other associated cost of the department to provide assistance. ALTERNATIVES: Forgo the agreement and increase the capabilities of the department to provide additional daily staffing, apparatus and equipment to handle a rare large case emergency that may happen at any time of the day, any day of the week, and any week of the year. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 48 of 717 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Palm Beach County START DATE: 9/1/2016 END DATE: 9/30/2026 CONTRACT VALUE: $0 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution REVIEWERS: Department Fire Legal Finance City Manager Description Resolution approving Mutual Aid Agreement with Palm Beach County Mutual Aid Agreement w/ Palm Beach County Fire Rescue Reviewer Action Date Hoggatt, Gregg Approved 8/5/2016 - 1:33 PKA Swanson, Lynn Approved 8/8/2016 - 2:18 PKA Howard, Tim Approved 8/9/2016 - 10:10 AKA LaVerriere, Lori Approved 8/9/2016 - 12:53 PKA Page 49 of 717 1 RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 MAYOR AND CITY CLERK TO SIGN AN EMERGENCY 6 SERVICES AGREEMENT FOR MUTUAL ASSISTANCE 7 AND AUTOMATIC AID BETWEEN THE CITY OF 8 BOYNTON BEACH AND PALM BEACH COUNTY FOR 9 A PERIOD OF TEN (10) YEARS; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and 14 Emergency Medical response regardless of the availability of City responders; and 15 WHEREAS, this Agreement will enhance the City Fire Rescue Department to handle 16 large scale emergencies that are one of a kind and tax the resources of the fire department 17 beyond its capability; and 18 WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with 19 Palm Beach County for several years. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 26 authorizes and directs the Mayor and City Clerk to sign the Emergency Services Agreement 27 for Mutual Assistance and Automatic Aid Between the City of Boynton Beach and Palm 28 Beach County, for a period of ten (10) years, a copy of which is attached hereto as Exhibit 29 "A" C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\83C721E1-EDFE-4DB2-AODF-9C1AOF091670\Boynton Beach. 3787.1. PBC Mutual_Aid_Agreement 2016_-_Reso.doc Page 50 of 717 30 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2016. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\83C721E1-EDFE-4DB2-AODF-9C1AOF091670\Boynton Beach. 3787.1. PBC Mutual_Aid_Agreement 2016_-_Reso.doc Page 51 of 717 EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID (the "Agreement") is made and entered into on , by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners, and the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, each of the parties to this Agreement presently maintains a fire -rescue department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, the City and the County desire to enter into this Agreement as a means to further enhance the fire -rescue services that they currently provide within their respective jurisdictions. NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, the County and the City do hereby agree as follows: ARTICLE I: MUTUAL ASSISTANCE AND AUTOMATIC AID Section 1. Request for Assistance/Aid. The County and the City agree to provide emergency mutual assistance and automatic aid to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement. The assistance/aid provided for by this Agreement shall extend to areas served by the parties through service agreements. Emergency mutual assistance/automatic aid will be given when properly requested unless the party from whom assistance is requested determines in accordance with Section 4 of this Article that Page 1 of 8 Page 52 of 717 it is unable to respond. The party requesting assistance and/or aid shall provide the following information at the time the request is made: A. The general nature, type and location of the emergency; and B. The type and quantity of equipment and/or personnel needed; and C. The name and rank of the person making the request. All requests shall be directed through the County's emergency communications center. The following officials of the participating parties are authorized to request assistance and aid under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Command Authority. In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief or designee to meet with the other party's Fire Chief or designee and develop automatic aid/closest unit response plans and procedures, including but not limited to details regarding areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. Such automatic aid/closest unit response plans and procedures may be set forth in a Letter(s) of Understanding between the Fire Chiefs. The County Administrator or designee (Fire Rescue Administrator) and the City's Fire Chief are hereby authorized to enter into and amend said Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 3. Remuneration. All costs associated with providing mutual assistance and automatic aid services under this Agreement shall be the responsibility of the agency rendering assistance/aid. Neither agency shall seek reimbursement of cost associated with rendering mutual assistance and/or automatic aid services from the other agency. The parties further agree that the agency rendering assistance/aid may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. If the agency rendering assistance/aid for emergency medical services provides transport service, then that Page 2 of 8 Page 53 of 717 transporting agency may request reimbursement for the transport service from the patient to the extent permitted by law. The agency rendering service will handle billing, insurance claims and collection in accordance with their policies and procedures and any applicable laws and regulations, including the latest Federal Medicare guidelines if applicable. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties shall not provide copies of transport fee invoices to the other party or otherwise use or disclose Protected Health Information ("PHI") or Electronic Protected Health Information ("e -PHI") except as permitted by the Health Insurance Portability and Accountability Act, as amended, and the regulations promulgated thereunder (collectively "HIPAA" ), and any other applicable laws and regulations, all as may be amended from time to time. Section 4. Ability to Respond. Each parry may refuse to respond to a request for assistance/aid in the event it does not have the required equipment or manpower available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. ARTICLE II: GENERAL CONTRACT TERMS Section 1. Preambles. The facts set forth in the preambles to this Agreement are true and correct and are hereby reaffirmed by the parties. Section 2. Representative and Contract Monitor. The County representative and contract monitor during the performance of this Agreement shall be the Fire Rescue Administrator, whose telephone number is (561) 616-7001. The City representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is (561) 742-6331. Section 3. Employee Functions. No employee of either parry to this Agreement shall perform any function, or service which is not within the employee's scope of duties as defined or determined by the employee's employer. Section 4. Employee Claims, Benefits, Etc. No employee, officer, or agent of either parry shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through Page 3 of 8 Page 54 of 717 and against the entity by whom they are employed. No employee of either parry shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 5. No Assumption of Liability. Neither parry to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of any other party. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 6. Liability for Injury. All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either parry when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 7. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of the County's negligence in connection with this Agreement, and the City shall indemnify, defend and hold harmless the County against any actions, claims or damages arising out the City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either parry to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 8. Effective Date and Term. This Agreement shall take effect October 1, 2016, and continue for a term of ten years, unless sooner terminated as provided herein. Section 9. Notice of Termination. Either party to this Agreement may, upon ninety (90) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 10. Assignment of Rights. Neither parry shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other party. Section 11. Modification and Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Page 4 of 8 Page 55 of 717 Section 12. Entirety of Agreement. This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 13. Nondiscrimination. Each party represents and warrants that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. Section 14. Annual Appropriations. Each party's performance and obligation under this Agreement is contingent upon annual budgetary appropriations by its respective governing body for the purposes hereunder. Section 15. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 16. No Third Party Beneficiary. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizens or employees of the County or the City. Section 17. Records. Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Page 5 of 8 Page 56 of 717 Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 18. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 19. Notice of Suits. Each parry agrees to notify the other of any claim, or the initiation of any legal proceeding against it, which relates in any manner to the services provided by the other parry. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the services rendered under this Agreement. Section 20. Notices. All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 405 Pike Road West Palm Beach, FL 33411 and if sent to the City shall be mailed to: City of Boynton Beach Fire Chief 2080 High Ridge Road Boynton Beach, FL 33426 Each party may change its address upon notice to the other party. Section 21. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 22. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 23. Delegation of Duty. This Agreement is an Interlocal agreement for the provision of services, as authorized by Section 163.01, Florida Statutes, and shall not in any way or manner whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. Section 24. HIPAA Compliance. All parties acknowledge and agree that their respective fire -rescue departments are covered entities under HIPAA, as may be amended from time to time. Should any provision of this Agreement be determined to be inconsistent with the requirements of HIPAA, then the parties shall promptly amend such provision as necessary to comply with HIPAA. Page 6 of 8 Page 57 of 717 Should the parties fail to promptly do so, then either party may terminate this Agreement upon written notice to the other, without any recourse, penalty, or damages of any type against the terminating party arising from such termination. Section 25. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 26. Survivability. Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement, shall survive the expiration or earlier termination of this Agreement. Section 27. Renewal of Letters of Understanding. Notwithstanding anything herein to the contrary, any existing duly authorized Letters of Understanding entered into between the Fire Chiefs that are in effect immediately prior to the effectiveness of this Agreement shall be deemed to be renewed and continued by the parties' Fire Chiefs upon the effectiveness of this Agreement. Said Letters of Understanding shall continue and remain in effect until amended or rescinded by the parties' Fire Chiefs. Section 28. Conflict Resolution. Any dispute or conflict between the parties that arises from the provision of services under this Agreement shall be presented in writing to the respective Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process provided for by Chapter 164, Florida Statutes. [remainder of page left blank intentionally] Page 7 of 8 Page 58 of 717 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: SHARON R. BOCK, Clerk & Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS In Mary Lou Berger, Mayor APPROVED AS TO TERMS AND CONDITIONS ME Fire -Rescue CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COUNCIL ME Steven B. Grant, Mayor Page 8 of 8 Page 59 of 717 I CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-099 - Approve and authorize the Boynton Beach Fire Rescue to renew the Mutual Aid Contract with the City or Delray and the Delray Fire Rescue Department. This Mutual Aid agreement is vital to the operations of the fire rescue service and our neighboring departments. Section 163. 01 of the Florida Statute (Florida Interlocal Cooperation Act of 1969) authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities in times of emergencies where the time may be too great for either party to deal with the emergency unassisted. EXPLANATION OF REQUEST: Boynton Beach Fire Rescue is requesting the approval of the renewal of the Mutual Aid Contract, to ensure there be no lapse in coverage in the event that an emergency presents itself that the Fire Department must request assistance from outside agencies. This agreement ensures that if the other party is able to provide assistance, they will as well is if we are requested to provide service and we are able, we will. This agreement is vital to the operations of the fire department who may at any time face an emergency that is larger than what the department is able to handle. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enhance our capability to handle large scale emergencies that are one of a kind and tax the resources of the fire department beyond its capability. By authorizing this agreement, we ensure that additional resources are available to both parties to mitigate the emergency. Additionally, Mutual Aid Contracts enhance our capabilities and ensure our Insurance Service Organization (ISO) Rating of a 2. FISCAL IMPACT. Non -budgeted The fiscal impact cannot be calculated until after a request for assistance is made and the emergency is handled. However, the fiscal impact may include; time, fuel, wear and tear as well as other associated cost of the department to provide assistance. ALTERNATIVES: Forgo the agreement and increase the capabilities of the department to provide additional daily staffing, apparatus and equipment to handle a rare large case emergency that may happen at any time of the day, any day of the week, and any week of the year. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 60 of 717 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: City of Delray Beach START DATE: 10/1/2016 END DATE: 9/30/2023 CONTRACT VALUE: $0 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type REVIEWERS: Department Fire Finance Legal City Manager Description Resolution approving Mutual Aid Agreement with Delray Beach Mutual Aid Agreement w/ Delray Beach Fire Rescue Reviewer Action Date Hoggatt, Gregg Approved 8/5/2016 - 1:33 PPA Howard, Tim Approved 8/5/2016 - 2:29 PPA Swanson, Lynn Approved 8/8/2016 - 2:05 PPA LaVerriere, Lori Approved 8/9/2016 - 12:52 PPA Page 61 of 717 1 RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 MAYOR AND CITY CLERK TO SIGN AN EMERGENCY 6 SERVICES AGREEMENT FOR MUTUAL ASSISTANCE 7 AND AUTOMATIC AID BETWEEN THE CITY OF 8 BOYNTON BEACH AND CITY OF DELRAY BEACH, 9 EACH FOR A PERIOD OF TEN (10) YEARS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and 14 Emergency Medical response regardless of the availability of City responders; and 15 WHEREAS, this Agreement will enhance the City Fire Rescue Department to handle 16 large scale emergencies that are one of a kind and tax the resources of the fire department 17 beyond its capability; and 18 WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with the 19 City of Delray Beach for several years. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 26 authorizes and directs the Mayor and City Clerk to sign the Emergency Services Agreement 27 for Mutual Assistance and Automatic Aid Between the City of Boynton Beach and City of 28 Delray Beach, for a period of ten (10) years, a copy of which is attached hereto as Exhibit 29 "A" C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\16AD5CFC-7B47-42DC-9436-F203E1F48B26\Boynton Beach. 3782.1. Delray_ Mutual_Aid_Agreement 2016_-_Reso.doc Page 62 of 717 30 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2016. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\16AD5CFC-7B47-42DC-9436-F203E1F48B26\Boynton Beach. 3782.1. Delray_ Mutual_Aid_Agreement 2016_-_Reso.doc Page 63 of 717 EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this day of , 2016, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, by and through its City Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement presently maintains a Fire -Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted; or where a closest unit response is agreeable and in the public interest; or non -emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid/logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of Page 64 of 717 the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency; and b. The type and quantity of equipment and/or personnel needed; and C. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The City of Delray Beach's representative and contract monitor during the performance of this Agreement shall be the Assistant Chief of Operations, whose telephone number is 561-243-7400. The City of Boynton Beach's representative and contract monitor during the performance of this Agreement shall be the Administration and Finance Officer, whose telephone number is 561-742-6332. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, 4 Page 65 of 717 when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. However, notwithstanding anything herein to the contrary, either party may refuse to provide nonemergency assistance or logistical support for any reason or for no reason. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 8. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when 3 Page 66 of 717 performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritori ally. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs associated with the rendering of mutual assistance/automatic aid services from the other agency. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHP') or Electronic Protected Health Information ("e -PHP') except as permitted by the Health Insurance Portability and Accountability Act ("HIPAA"), the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2016 and shall remain in full force and effect for a period of no less than ten (10) years, expiring on September 30, 2026, unless sooner terminated as provided herein. Page 67 of 717 Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 16. Equal Opportunity: Each party represents that it will not practice discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 18. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy E Page 68 of 717 given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 19. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City of Delray Beach shall be mailed to: Delray Beach Fire -Rescue Fire Chief 501 West Atlantic Avenue Delray Beach, FL 33444 and if sent to the City of Boynton Beach shall be mailed to: Boynton Beach Fire Rescue Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Each party may change its address upon notice to the other. on Page 69 of 717 Section 23. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City of Delray Beach shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims or damages arising out of City of Delray Beach's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify, defend and hold harmless the City of Delray Beach against any actions, claims, or damages arising out of the City of Boynton Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA, 7 Page 70 of 717 Chevelle Nubin, City Clerk By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney BY ITS CITY COMMISSION wo Mayor CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COUNCIL Mayor Page 71 of 717 6.E. CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO 116 -1100 -Approve and authorize signing of an Agreement for Water Service outside the City limits with Richelet & Roseline Cherisma for the property at 1029 Oleander Road, Lantana, FL 33462. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, West of Federal Highway and North of Miner Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT. Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction/"Although it is highly unlikely that refusal to serve one property would trigger modification or reduction of the annual allocation, this provision should be noted. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 72 of 717 ATTACHMENTS: Type rh�01 REVIEWERS: Department Reviewer Utilities -Customer Service Groff, Colin Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Water Service Agreement at 1029 Oleander Road W agreement 1029 Oleander Road backup Action Date Approved 8/8/2016 - 8:20 AM Approved 8/8/2016 - 8:21 AM Approved 8/8/2016 - 8:34 AM Approved 8/8/2016 - 1:35 PPA Approved 8/9/2016 - 1:00 PPA Page 73 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND RICHELET CHERISMA AND ROSELINE CHERISMA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1029 Oleander Road, Lantana, FL 33462 (Parcel Control Number 00-43-45-09-14-000-0430); and WHEREAS, the property covered by this agreement historically is receives water from a well and the owner now requests that we provide potable water in the future; and WHEREAS, no additional construction will be required by the City to serve this property and the owner agrees to pay all costs to provide service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and Richelet Cherisma and Roseline Cherisma, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B99BA899-8783-4002-8145-BFD29732CEC1\Boynton Beach. 3773.1.1029 Oleander Road WSA - Reso.docx Page 74 of 717 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B99BA899-8783-4002-8145-BFD29732CEC1\Boynton Beach. 3773.1.1029 Oleander Road WSA - Reso.docx Page 75 of 717 St tt AGREEMENT •: ► WATER SERVICE OUTSIDE AND ! COVENANT OR ANNEXATION This Agreement, made on this 21 day of JULY, 2016, by and between: RICHELET AND ROSELINE CHERISMA hereinafter called the "Owner(s)," and THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: County Property Appraiser's Property Control Number (PCN) 0 -43- 5- -1 - 0 - 4 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires _1 (specify number) Equivalent Residential Connection(s). 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. U:\WSA forms\WSA (Individual) 8-22-12 (s) .doc Page 76 of 717 L F; COVENANT (Individuals) 8. Any water main extension made under the Agreement shall be used only for Property of the Owner(s), unless written permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all base facility and water use charges to the Property. 12. Any rights-of-way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his or her transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Owner(s)'s actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. 14. The Owner(s) further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a request by the Owner(s) for annexation under such other laws. The Property shall be subject to annexation at the option of the City at any time eligible under any one or more of the above - referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this property of this voluntary Petition for Annexation and its applicabilities to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. MM U:\WSA forms\WSA (Individual) 8-22-12.doc Page 77 of 717 1 COVENANT TI N (Individuals) 16. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, its Mayor, Members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. 17. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 18. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 19. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. 19 DI 04 F\ 1 1:Z171i1 Y.1 f.0 . 0�l`11�►1 1 TWO (2) SIGNATURE PAGES FOLLOW U:\WSA forms\WSA (Individual) 8-22-12.doc Page 78 of 717 XGx'U4 #11 � I'K-" IE'l LE-Uffl -L-E Tff I'S AND COVENANT FOR ANNEXATION (Individuals) IN ESS WHE REOF, the parties hereto have set their hands and seals this (�A�day of 20,66-. Scaled and delivered in the presence of - TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S): Sec d Witnelss Signature Printed Witness Name FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH Owner Signatur 0*1 Printed Owner Name Owner SignaturC . .............. Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly qvMin Te State of"Plorida and in the',, -j J County of Palm Beach to take acknowledgments, personally appeared to me rw ( -7-A! V-6hq4 as the Owner(s) named in the foregoing Agreement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily and that the individual was personally known to me or provided the following proof of identification: Nft" ftublic SWe P,Lof Florida mg go ic'9 0 =e An raul.Epugen oerte 0 8 M p _ rriffil" F 0(1(1201 Corriffiluft FF 000201 E expl's 0411 km 01.7 xpims0*111312017 d 312 My Commission Expires: cornmi Page 4 1 TJ:\WSA forms\WSA (Individual) 8-22-12.doc 1!% aforesaid t)W day of _,&t/4,2014 Page 79 of 717 AGREEMIENT1 1 AND COVENANT1 (Individuals) Approved as to Form: City Attorney STATE OF FLORIDA ss: COUNTY OF PALM ]BEACH • Florida municipal corporation Lo Lori LaVerriere, City Manager I HEREBY CERTIFY that on this day, before me, an officer duly authorized m the state of Florida. and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this _ day of 20_ (Notary Seal) Notary Relic Signature My Commission Expires: U:\WSA forms\WSA (Individual) 8-22-12 (3) .doc Page 80 of 717 ERREVOCABLE SPECIAL POWER OF ATTORNEY C�Ll� 199107-11M810.1;IMO ;I I/We, RICHELET & ROSELINECHERISMA, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 21 ST day of JULY _, 20 16 and the powers and authority shall be irrevocable by Grantee. 11 ftA IN D1 M ; 41 Iff-a-mog U:1WSA forrasTower of Attorney (Individual) 8-22-12 (3).doc Page 81 of 717 UUMWA (Individuals) IN WITNESS WHEREOF, we have hereunto set our hands and seals this L day of in the year 20 Sealed and delivered in the presence of. fim as to each Owner: LS19onda Ww'itness Signature . ............................................ . . . . . First ness . .Sig.............fiat ....................................................................... Witur . ........... Printed Witness Name I-ek r' -A Second Witness Signature Printed Witiiess. Name STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH INDIVIDUAL(S) AS OWNER(S): 0 S' tur Printed Owner Name THE '0 F RF, d executed sa-2--Vsk 0LG,� 2by me this day of erho are known to v-1 3 J -4Z w me or It _gC I I C (Notary Seal) U:\WSA forms\Power of Attorney (Individual) 8-22-12 (3).doc Page 82 of 717 Page I of I Gary R. Nikofirs, CFA Property Apprafter Homestead Exemption A Pamfkech County 1 FF Location Address 1029 OLEANDER RD Municipality UNINCORPORATED Parcel Control Number 00-43-45-09-14-000-0430 Subdivision HYPOLUXO RIDGE ADD 2 IN Official Records Book 19034 Page 994 Sale Date JUL-2005 Legal Description HYPOLUXO RIDGE ADD 2 LT 43 Owners Mailing address CHERISMA RICHELET & 1029 OLEANDER RD CHERISMAN ROSELINE LAKE WORTH FL 33462 5945 Sales Date Price OR Book/Page Sale Type Owner JUL-2005 $10 19034 10994 WARRANTY DEED CHERISMA RICHELET & JUL-2002 $115,000 13898 10964 WARRANTY DEED CHERISMA RICHELET & FEB -1997 $100 09682/ 1010 WARRANTY DEED JUL-1993 $100 07817/1494 QUITO IM 1EC-1991 $100 07072 /1059 QUITCLAIM 12 Exemption Applicant/Owner Year Detail CHERISMA RICHELET & 2016 Number of Units 1 *Total Square 1688 Acres 0.19 Feet Use Code 0100 - SINGLE Zoning RM - Multi -Family (Medium Density) (00- FAMILY UNINCORPORATED) Tax Year 2015 2014 2013 Improvement Value $78,449 $58,685 $46,519 Land Value $8,663 $6,930 $6,930 Total Market Value $87,112 $65,615 $53,449 All values are as of January 1st each year Tax Year 2015 2014 2013 Assessed Value $35,183 $34,904 $34,388 Exemption Amount $25,000 $25,000 $25,000 Taxable Value $10,183 $9,904 $9,388 Tax Year 2015 2014 2013 Ad Valorem $189 $186 $177 Non Ad Valorem $312 $316 $313 Total tax $501 $502 $490 littp:llwww.co.palm-beach.fl.uslpapalAspsIPropertyDetaillPropertyDetail.aspx?parcel=004... P7/j%1ef 717 Structural Element for Building 1 1. Exterior CB STUCCO WaVl 1 2. Year Built '1,979 Air 3„ Condition HTG & AC Desc, Heat FORCED AIR Type DUCT 5Heat Fuell ELECTRIC & Bed 3 Roonis 7. F0 iBaths 2 8. HaK 0 Baths 9. Exterior N/A W,all 2 10. Roof GABLE/HIP Structure Roof ASPHICOMP Cover SHG. Inted'or 12 . W� DRYWALL a�I 1 13. Vriterior N/A Wall 2 14, Hoor CARPETING Type, I 15. Moor N/A Type 2 16. Stories 1 Subarea and Sq. Footage for Building I Code Sq. Description Footage BAS BASE AREA 1248 FGR FINISHED 240 CARAGE USP UNFINISHED 200 SCRN.PORCH Total Square 1688 Footage : Total Area Under Air: 1248 Hornestead Exemption M Sketch for Building I V TV ff x A", IM! li":IlvAm.co.pahn-beach.fl.uslpapalAspsIPropertyDetaillStructuralDetail.aspx?entityjd... P7M21jef 717 Gary.R. NikolltsCFA Property Appraiser Pa", 4eBch CoUnty Owner Name: CHERISMARICHELET& Parcel Control Number: 00-43-45-09-14-000-0430 Location Address: 1029 OLEANDER RD Structural Element for Building 1 1. Exterior CB STUCCO WaVl 1 2. Year Built '1,979 Air 3„ Condition HTG & AC Desc, Heat FORCED AIR Type DUCT 5Heat Fuell ELECTRIC & Bed 3 Roonis 7. F0 iBaths 2 8. HaK 0 Baths 9. Exterior N/A W,all 2 10. Roof GABLE/HIP Structure Roof ASPHICOMP Cover SHG. Inted'or 12 . W� DRYWALL a�I 1 13. Vriterior N/A Wall 2 14, Hoor CARPETING Type, I 15. Moor N/A Type 2 16. Stories 1 Subarea and Sq. Footage for Building I Code Sq. Description Footage BAS BASE AREA 1248 FGR FINISHED 240 CARAGE USP UNFINISHED 200 SCRN.PORCH Total Square 1688 Footage : Total Area Under Air: 1248 Hornestead Exemption M Sketch for Building I V TV ff x A", IM! li":IlvAm.co.pahn-beach.fl.uslpapalAspsIPropertyDetaillStructuralDetail.aspx?entityjd... P7M21jef 717 *v«<w»x 09:42 FAX 801805232t ~ ^2> © 6 q 23� � ..e:. 1.... , . » }� (» ®\ \§ � \ � U-72MILIJ, � ■ . � , .. _ .• ®~ | . . � . $N 1.... , . U-72MILIJ, � ■ . � , .. _ .• ®~ | . . � . $N 6.F CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR FREIGHTLINER VEHICLES AND EQUIPMENT' Bid # 060-1412-16/MFD to one (1) company: Lou Bachrodt Freightliner, who met all specifications with an estimated annual amount of $25,000. This bid allows for two (2) additional one (1) year extensions. EXPLANATION OF REQUEST: On July 26, 2016, Procurement Services opened and tabulated one (1) bid for Service/Parts for Freightliner Trucks. All bids were reviewed by the Warehouse Manager. It was determined to recommend award of the entire contract to Lou Bachrodt Freightliner. The award is based on percentage discount, service cost per hour and OEM dealer. The award is as follows on the next pages: LOT # 1 Freightliner Lou Bachrodt Discount 27% Hourly Rate $97.50 Lou Bachrodt was the only proposal submitted. The bid will be for the period of 8/17/2016 to 8/16/2017 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of service/parts for Freightliner trucks and equipment. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked within the City's Warehouse. FISCAL IMPACT. Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $25,000. FY 14/15 expenditures were $20,365.46. FY 15/16 expenditures to date are $11,255.41. The increase in the estimated amount is due to the anticipation of heavy repairs needed for these trucks. ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: Page 86 of 717 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet D Addendum Award Letter REVIEWERS: Department Reviewer Action Date Finance Alibrandi, Julie Rejected 7/28/2016 - 9:53 AM Finance Dauta, Mike Approved 7/28/2016 - 12:01 PPA Finance Howard, Tim Approved 8/1/2016 - 2:27 PPA Legal Swanson, Lynn Approved 8/8/2016 - 8:40 AM Finance Howard, Tim Approved 8/8/2016 - 8:47 AM City Manager LaVerriere, Lori Approved 8/11/2016 - 2:38 PPA Page 87 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR FREIGHTLINER VEHICLES AND EQUIPMENT BID # 060-1412-16/MFD Lou Bachrodt Freightliner 1801 W. Atlantic Blvd Pompano Beach, FL. 33064 Contact: Chris Poulin Phone: (954) 545-1000 / Fax (954) 247-2502 Email: cpoulin(rtiloubachrodt.com Page 88 of 717 L0T#1 Freightliner ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED 27% ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR $97.56 ITEM 4 DESCRIPTION Blower Motor VCC/T77421A/2C CURRENT PRICE $164.46 DISCOUNT % FINAL ITEM PRICE 27% $120.66 ITEM 5 PRICE FROM ITEM 3 $97.50 PRICE FROM ITEM 4 $120.06 TOTAL $217.56 Page 89 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Lou Bachrodt Freightliner 1801 W. Atlantic Blvd Pompano Beach, FL. 33064 Contact: Chris Poulin (954) 545-1000 / Fax (954) 2 NOT A MINORITY OWNED BUSINESS Page 90 of 717 The City of Boynton Beach Finance Department WAREHOUSE DIVISION 9 TO: Tim Howard, Assistant City Manager Administrative Services FROM: Michael Dauta, Warehouse Manager DATE: July 27, 2016 SUBJECT: Freightliner Bid # 060-1412-16/MFD I reviewed the tabulation sheet. My recommendation is to award the contract to one vendor. The evaluating factors used were A) Percentage off discount B) Service cost Q OEM Dealer. FY 14/15 expenditures were $20,365.46. FY 15/16 expenditures to date are $11,255.41. This year's expenditures will be an estimated $25,000. The increase in the estimated amount is due to the anticipation of heavy repairs needed for these trucks. Page 91 of 717 LOT # 1 Freightliner Lou Bachrodt Discount 27% Hourly Rate $97.50 Lou Bachrodt was the only proposal submitted. Page 92 of 717 6.G. CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" Bid # 059-1412-16/MFD to the following five (5) companies: Lou Bachrodt Freightliner, Kenworth of South Florida, Truck Pro, L & L Distributors and Eagle Auto Parts on a primary, secondary, and multiple third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $55,000. This bid provides for two (2) additional one (1) year edensions. EXPLANATION OF REQUEST: On July 26, 2016 Procurement Services opened and tabulated five (5) bids for Aftermarket Large Truck Parts, Accessories and Supplies. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award by a primary, secondary, and multiple third vendors to five (5) companies. The award is based on the final item price and percentage discount. The award is as follows: Primary Lou Bachrodt Freightliner Discount 30% Final Item Price $735.65 Secondary Kenworth of South Florida Discount 30% Final Item Price $749.32 Third Truck Pro Discount 48% Final Item Price $750.85 L & L Distributors Discount 50% Final Item Price $815.53 Eagle Auto Parts (Please See Notes) Discount 50% Final Item Price $871.63 Notes Eagle Auto Parts stated a different percentage off for one of the items and pricing was inaccurate when the Page 93 of 717 percentage off was applied. Example: Original Price % Stated Price Actual Price $89.38 69 $16.40 $27.71 $89.38 50 $44.69 This results in the FIP (final item price) being $889.15 vs $871.63. However, the award was based on what was written in the proposal. Recommendation Lou Bachrodt as the primary vendor. Kenworth of South Florida as the secondary. Truck Pro, L & L Distributors and Eagle Auto Parts as the third vendors. (The option to have 3 third vendors allows for wider access to inventories. This is helpful in obtaining parts that are needed immediately.) The bid will be for the period of 8/17/2016 to 8/16/2017 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of aftermarket large truck parts, accessories and supplies. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked within the City's Warehouse. Aftermarket are non -dealer's brand of parts, accessories and supplies but are comparable to the dealer's brand. (i.e. Motorcraft is Ford's brand but other companies make comparable parts) FISCAL IMPACT: Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $55,000. FY 14/15 expenditures were $54,669.26. FY 15/16 expenditures to date are $41,290.29. ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 94 of 717 ATTACHMENTS: Type D Addendum D Addendum REVIEWERS: Department Finance Finance Legal City Manager Reviewer Howard, Tim Howard, Tim Swanson, Lynn LaVerriere, Lori Description Award Letter Tabulation Sheet Action Approved Approved Approved Approved Date 8/1/2016 - 2:12 PPA 8/1/2016 - 2:25 PPA 8/8/2016 - 8:46 AM 8/11/2016 - 2:37 PPA Page 95 of 717 The City of Boynton Beach Finance Department WAREHOUSE DIVISION 9 TO: Tim Howard, Assistant City Manager Administrative Services FROM: Michael Dauta, Warehouse Manager DATE: July 29, 2016 SUBJECT: Aftermarket Large Truck Bid # 059-1412-16/MFD I reviewed the tabulation sheet. My recommendation is to award to multiple vendors based on primary, secondary, and several third. The evaluating factors used were A) Final Item Price B) Percentage off. FY 14/15 expenditures were $54,669.26. FY 15/16 to date expenditures is $41,290.29. This year's expenditures will be an estimated $55,000. Page 96 of 717 Primary Lou Bachrodt Freightliner Discount 30% Final Item Price $735.65 Secondary Kenworth of South Florida Discount 30% Final Item Price $749.32 Third Truck Pro Discount 48% Final Item Price $750.85 L & L Distributors Discount 50% Final Item Price $815.53 Eagle Auto Parts (Please See Notes) Discount 50% Final Item Price $871.63 Notes Eagle Auto Parts stated a different percentage off for one of the items and pricing was inaccurate when the percentage off was applied. Example: Original Price % Stated Price Actual Price $89.38 69 $16.40 $27.71 Should be $89.38 50 $44.69 This results in the FIP (final item price) being $889.15 vs $871.63. However, the award was based on what was written in the proposal. Page 97 of 717 Recommendation Lou Bachrodt as the primary vendor. Kenworth of South Florida as the secondary. Truck Pro, L & L Distributors and Eagle Auto Parts as the third vendors. (The option to have 3 third vendors allows for wider access to inventories. This is helpful in obtaining parts that are needed immediately. Page 98 of 717 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES BID # 059-1412-16/MFD Eagle Auto Parts 1230 Hypoluxo Rd Lantana, FL. 33462 Phone (561) 557-1414 / Fax (561) 557-1635 Contact: Steven R. Brand'I Email: eapart@aol.com ITEM DISCOUNT 1 50% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE Fuel Filter $27.17 2 Freightliner # ABP/N122-R50550 NAPA # 3588 $89.38 69% $44.69 Yellow Marker Light Grote # GR53963 TRUCK -LIGHT # 6050A $37.20 50% $18.60 Leaf Springs Freightliner# A16-16214-000 NAPA # 46-1329 $1,122.58 50% $561.29 Brake Drum Peterbilt # 3687X NAPA # X61221 B $330.28 50% $165.14 Brake Drum Peterbilt # 3600AX NAPA # X60794 $198.86 50% $99.43 $871.63 TOTAL FINAL PRICE $889.15 Page 99 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Eagle Auto Parts 1230 Hypoluxo Rd Lantana, FL. 33462 Phone (561) 557-1414 / Fax (561) 557-1635 Contact: Steven R. Brand'I Email: eapart@aol.com YES YES YES YES YES WOMENED OWNED BUSINESS YES YES NA Page 100 of 717 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES BID # 059-1412-16/MFD T.P Investment / Kenworth of South Florida 2909 S. Andrews Ave Fort Lauderdale, FL. Phone: (954) 523-5484 / Fax: (954) 523-7782 Contact: Paul Ahrens Email: mflores@kenworthsf.com ITEM DISCOUNT 1 30% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE Fuel Filter $22.30 2 Freightliner # ABP/N122-R50550 FS19551 $45.00 30% $31.50 Yellow Marker Light Grote # GR53963 53963GRO $67.16 30% $47.01 Leaf Springs $427.54 Freightliner # A16-16214-000 46-1329 $582.68 30% $407.88 Brake Drum $176.56 Peterbilt # 3687X 3687X $246.94 30% $172.86 Brake Drum Peterbilt # 3600AX DB1657B $108.44 30% $75.91 $749.32 TOTAL FINAL PRICE $735.16 Page 101 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS T.P Investment / Kenworth of South Florida 2909 S. Andrews Ave Fort Lauderdale, FL. Phone: (954) 523-5484 / Fax: (954) 523-7782 Contact: Paul Ahrens Email: mflores@kenworthsf.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA Page 102 of 717 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES BID # 059-1412-16/MFD Ramar Enterprises of Broward / L&L Distributors 1511 North Powerline Road Pompano Beach, FL. 33069 Phone: (954) 979-1200 / Fax: (954) 623-6223 Contact: Anthony Bormett Email: anthony@lltruck-usa.com ITEM DISCOUNT 1 50% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE Fuel Filter $16.40 2 Frei htliner#ABP/N122-R50550 BaldwinBF9871-0 $82.00 50% $41.00 Yellow Marker Light Grote # GR53963 Grote 53963 $65.24 50% $32.62 Leaf Springs .Freightliner # A16-16214-000 46-13290E $927.90 50% $463.95 Brake Drum Peterbilt # 3687X Webb 65152B $260.52 50% $130.26 Brake Drum Peterbilt # 3600AX Webb 66884B $340.61 50% $170.30 $815.53 / $813.53 TOTAL FINAL PRICE $838.13 Page 103 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Ramar Enterprises of Broward / L&L Distributors 1511 North Powerline Road Pompano Beach, FL. 33069 Phone: (954) 979-1200 / Fax: (954) 623-6223 Contact: Anthony Bormett Email: anthony@Iltruck-usa.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA Page 104 of 717 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES BID # 059-1412-16/MFD Lou Bachrodt Freightliner 1801 W. Atlantic Blvd Pompano Beach, FL. 33064 Phone (954) 545-1000 / Fax (954) 247-2502 Contact: Chris Pouln Email: cpoulin@loubachrodt.com ITEM DISCOUNT 1 30% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE Fuel Filter 2 Freightliner # ABP/N122-R50550 $36.13 30% $25.29 Yellow Marker Light Grote # GR53963 $53.26 30% $37.28 Leaf Springs Freightliner # A16-16214-000 $713.94 30% $499.76 Brake Drum Peterbilt # 3687X $124.02 30% $86.81 Brake Drum Peterbilt # 3600AX $123.59 30% $86.51 TOTAL FINAL PRICE $735.65 Page 105 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Lou Bachrodt Freightliner 1801 W. Atlantic Blvd Pompano Beach, FL. 33064 Phone (954) 545-1000 / Fax (954) 247-2502 Contact: Chris Pouln Email: cpoulin@loubachrodt.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA Page 106 of 717 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES BID # 059-1412-16/MFD Truck Pro LLC, West Palm Beach 324 Sunshine Road West Palm Beach, FL. 33411 Phone (561) 798-8900 / Fax (561) 798-3368 Contact: Marc Gold Email: marc.gold@truckpro.com ITEM DISCOUNT 1 48% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE Fuel Filter 2 Freightliner # ABP/N122-R50550 BABF1360-SP $34.62 48% $18.00 Yellow Marker Light Grote # GR53963 GR53963 $67.46 48% $35.06 Leaf Springs Frei htliner # A16-16214-000 LA46-1329 $901.10 48% $468.57 Brake Drum Peterbilt # 3687X C01 0033071 $288.42 48% $149.98 Brake Drum Peterbilt # 3600AX DU60793 $152.38 48% $79.24 TOTAL FINAL PRICE $750.85 Page 107 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Truck Pro LLC, West Palm Beach 324 Sunshine Road West Palm Beach, FL. 33411 Phone (561) 798-8900 / Fax (561) 798-3368 Contact: Marc Gold Email: marc.gold@truckpro.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA Page 108 of 717 6. H. CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of July 2016. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 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 July 2016: Purchase Order Vendor Amount 161326 Sungard HTE $ 18,180.00 161343 Vehicle Service Group LLC $ 17,853.21 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, 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. FISCAL IMPACT. Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 109 of 717 Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Finance Finance City Manager Description Purchases over 10K Backup - July 2016 Reviewer Action Date Howard, Tim Approved 81112016 - 2:05 PPA Howard, Tim Approved 8/1/2016 - 2:05 PPA LaVerriere, Lori Approved 8/9/2016 - 1:00 PPA Page 110 of 717 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $1 0 , 00 0 0 FOR JULY 2016 Vendor: Sungard H.T.E. Purchase Amount: $18,180.00 Requesting Department: Utilities Contact Person: Barb Conboy Date: 7/20/16 Brief Description of Purchase: r fatabase for business purposes, Fusion allows realtime or "live" information transfer and will be utilized by our 3rd party vendor Bi112Pay for bill presentation, payment processing and IVR information. In reviewing FUSION, there is a belief that ?ome of the existing API's can be eliminated. ;9ource for Purchase: Sole Source Fund Source: 401-2821-536-46-91 Vendor: Vehicle Service Group, LLC Purchase Amount: Aequesting Department: Public Works/Fleet Contact Person: Bill Darty Date: 7/27/16 Brief Description of Purchase: Replacement truck lift; one of two truck lifts is out of service and parts are not available. Source for Purchase: Piggyback NJPA Contract Fund Source: 501-2516-519-62-01 #061015 -RRL Page 1 Page 111 of 717 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD PO. , FLBOX 3 1 33425- 10 P.O. : 07/20/16 #; 161326 BOYNTON BEACHORIDA 030 DATE SHIP TO: TO: SUNGARD HTE City of Boynton Beach 1000 BUSINESS CENTER DRIV ITS DEPARTMENT LAKE MARY, FL 32746 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 REQUISITION7d NO, G7004 ORDERIPAUTI NG DEPART ITS LITIES JGMA DATE NEEDED: BID W COMMISSION APPROVED; LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST PROCUREMEN-l' SERVICES � ACCOUNT NO. 0 401 -2921 -536.46 -SE Wom OR -411 PURCHASING Page 112 of 717 Page 113 of 717 LO r9 P ri , 0 co a co �G W ,. w w�_ acs C) PU s�OD C, w � co co Hu 0 0 ` H �. � 0 orn �+ 0 En N W D4 � m o P4 00 w mH .0 tdm p H u Um w °Q4 La G id O f,) C/p m W m im Im � 1i M $4 td'u d 4J iJ o U 0,�o rdr� DQ 01044 is,o R a �+� ..to cour4 r2l 4J r7 rdaO p >Vtn 0 -� ' R H ril rld rd 0H o U g r.Q•� H G9 �� W0 W Ui ix r. N Om muni W , (d W Q ZgyU� Ln -r4 cd p H r�uG:d ur0 s E ON Q.,, 4o m NP a Q°}M41-paa� auvm�a� fow -.. Ln H o H N V-1 a) 44 �i W d8 Ea 0 N H P4OJ a rd td 94J � N E� H u ri w 09 L) H H a pi:. v r8 •H M M Q)3J u CJ Cil w W -r[ e -s M rt 0 44 ka - ggo H 0[t] H -q-14 P.0 V 0 0 �:) E4 w O.Q4uWurjV H J -j -� E4 +d Cd 0. m W 0404 H H Page 113 of 717 Data. 2 JUL'16 CITY OF BMW= BEACM-1PXQUE4 ST FOR ] Requesting t: Utilitiesa o o .. C Sungard interface, ' "gateway" Product to allow, in a moreefficient way, 3rd entWes accessto the u r database for business purposes. Fusion allows realtime or "lige" information transfer and will be utilized our 3rd party vendor Bill2Pay for bill presentation, payment processing anIVR information. In reviewing FUSE , there is a belief that some of the existing E's Gan be eliminated. o erg FO tf Lit f ..� , . „nro -- rnm-h-a--e—(c—heck 1 r for � o v �t _ T Written QuotationsGSA ,: Contract PRIDE/RESPECT �o SNAPSole Source , Piggy -Back u Item Emergency Purchase h r Contract Number: NOTE. PfthV PrOPOSal fur Purchase mustbe Pm9ented In the same delaff contained within the contract Fund Source for Purchase: Dpa'et Flea _.. Data r� ftrohasing Agent _,.. tate � Asst City Manager Date City Manager Date Form Revised 2/01 Page 114 of 717 REQUEST FOR REQUISITION H.T.E. ENTRY DATL7� --- - ------- --------- cavital andAr S5000+), REASON FOR PURCHASE: P�Lnmlq tq k)qI_Iin s processes (bill presentment, #t 4� Lq_ IT Page 115 of 717 v skkl IWO iYl�t' t 0 to cy 9CL ATME MOPa 30 4 LL �$ a. 9°- C� C3_ C3 ,f. RL IL 9 qd e a Ci cv .' a CL (1) Lw . P wf 0 +1f t LO Ll ®a-�.. . m L ® .F x ¢g i jcn log IL LU LL L[, v skkl a iYl�t' t 0 to cy 9CL 30 LL LL yy�ry M, fi�gg}} gp4nR wA E v a 0 to cy 30 x .. �$ a. qd e a C CL (1) Lw . 0 +1f t LO Ll ®a-�.. ® .F x ¢g i log IL LU LL ' Lib. �- LL yy�ry M, fi�gg}} gp4nR wA E 11 U v a to cy 11 U a to 30 Oq 11 U 4 E W Pager116 of 717 a to 4 E W Pager116 of 717 Page 117 of 717 Ilk D La jg IL w to a E OL=3' `c 2m t�CLw t5 z 5 U),� } O aCL .L OR A dD as CL " `— s ZL 0 ,D .�, EX 'C ..� . CL CL 6— . V,— Ica C s 5 c CD !i �. ' r -M ' .:.:.:,LD Page -118 of 717 Canbov, Barli Barb, I am riot able to get any answer from our SunGard rep (yea, shocking), so I went ahead and scraped together some info from previous emails and rwtes., eAY""" ""i' A") 0", $12 ""1 j,� '; . . . ...... . . .. .... y months' PI Page 119 of 717 McNally; John Sent- Tuesday, July 12,2D16 2:19 PM TO: Conboy, Barb Cc- Konnikov, Yury SubjecL- RE., Fusion Marketing Slick attached Barb, I am riot able to get any answer from our SunGard rep (yea, shocking), so I went ahead and scraped together some info from previous emails and rwtes., eAY""" ""i' A") 0", $12 ""1 j,� '; . . . ...... . . .. .... y months' PI Page 119 of 717 '('w 003 ""nAV" �-Ij also gailij iiiectron an anni maintenance is about $14,GOO per year, Sorry I could not of this from the source, but in lieu of moving your request further along, I hope this answer helps your justification memo. plea se call me if you have questions, Page 120 of 717 America's Gateway to the Gulfstream -£ 4ean4 4 Oal, ,a, .r Chwr 1` lw ?..... �..✓ r k� .+ v ,.e3 jai„'& c re 4H e N"r,and, xW ixw: Cow vrxA,..ii.,,,, to n... .Yi PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 161343 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/27/16 SHIP TO: TO: VEHICLE SERVICE GROUP LLC City of Boynton Beach 2700 LANIER DR. PUBLIC WORKS DEPARTMENT MADISON, IN 47250 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO, 66979 ORDERING DFP ARTMENTFLEET/RA DATE NEEDEDBID NO-, COMWSSION ,PP O' EXTENDED LINE# QUANTITY UOM IT NO. AND DESCRIPTION UNIT COST COST 1 17853.21 DL PARTS AND REPAIR FOR TRUCK LIFT 1.0000 17853.21 q.... j ARTS. FOR: T'PITJCIIX LFI'. PROCUREMENT SERVICE& P.O.'TOTAL.: PURCHASING Page 122 of 717 7/12/2016 Requesting t PW/Fleet Contact Persom, Bill Darty Explanation One of two truck lifts in fleet is out of servicen r not availible therefor I'm requesting replacement Il . Ion, J111M = Source t° Three Written Quotations GSA Sta to ContractPRIDE/RESPECT SNAPS Sole Source Piggy-BackBudgeted Item Emergency Purchase Other Contract ur: NJPA contract Fund Source for Purchase: 501-2516-519.62-01, Building Improvements Page 123 of 717 I � I C7 i1 F4 1 1 E. r i r I I + ¢-Q 1 � e r 1 + I 1 1 �q} I py 1 1 H a m iN I C 1 1 N 1 � C{j 1 r 1 H 1 1 hC-F 0 H 0 Hva I 1 1 >Ln 1 f 1 ce %D I 1 H 1 H C 1 N Ea N pk H 1 H H E+ 1 tri Pau 14a F I is 1 1 e, 1 1 �+enr I 1 I 1 1 �] 1 f pq 1 H I F U C3 I H cp v 1 z Rix W 14 W z 1 1 Ei I H E+ 041 1 M A 1 im H WUl 1 1 pa Hal+ e� 1 I I 1 1 I l E, r� 1 (� 1 I C'4 1 1 m 1 � I � 1 1 I 1 1 1 1 1 r 1 I �$ + 1 r , r ri I I e I I I Fjj 1 Ip 1 �9 pig 1 10 d3 1 �z P� 1 H 1 1 1 1 E-1 1 1 ip •a 1 rQ I I U l 1 r I I I f� I r 1 I t w I I 1-4H 1 I I 1 I 1 I H 1 r � I tiS I B7 1 rd I 1 � 1 Ln 1 fV 1 �F ri I 1 1 r 1 r$ + H 1 }� Page 124 of 717 04WIMPA -M 004 EH PtH 114 0 Ln ... WC lxxwlnEk #404.HtnHoo ; ]!) ., : , 8 . at v z g R !1 3 *' ,+ ++ Page 124 of 717 0 Copy Work ® Number of Copies. Double -sided I Collated & Stapled i Distribution: El Type from the attached /transcription tape I email (to be forwarded upon request,' 0 Request for 1211DIrect Pay Req. for the attached Vendor or Person to be reimburse,*: Account Number: Project No.: _'- Request for Requisition - Vendor: 17g 53.21 Account Number: 501-2516-519.62-01 Project No..,,,—............... List Items w1es & Unit Costs on the back of this request. a Verbal Quotes ($500 to $1,999): Vendor: Cost: Vendor: Cost: 13 File As: Tendor: Cost: u Written Quotes ($2,000 to $9,999.99) — Attached. X Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form —Attached. Q Bid]City (Over $25,000): Bid# ca Bid/Other Entity (Over $25,000): Bid#, Bid Eff. Dates,& Bid Quotes —Attached. will Special Instructions: One of our truck lifts needs reDair and Darts are no lonaer available. P.O. should reflect our exj§� se 179 Street Miami, FL 33162. t 4,1ate completed: Page 125 of 717 Vehicle Service Group, LLC NJPAContract Quotation Contract Number: 0 Quote#: 2016330 Date: 1 Requested Bill Daqy Quote8/13/2016 ftyment Terms: 1 LaborWarranty: lyr. Parts & the Ian 1 I y 1 of 1 installation is delayed more than one month due governmental Ki delays 1' Rotary can request partial (both 1equipment and installation). ROMMI'MI 1,645.001 1 Total 17, 53.21 price does not include any inground conditionssuch as In floored soil, bed 061015 -RRL CAGE #: 7K311 Tax ID M 90-0501347 DUNS M 00-638-2634 Vehicle Service Group, LLC 2700 Lir Dr. Madison, IN 47250 Chrlstine Bili, Government Sales Leader Page 126 of 717 National Joint Powers Alliance :: Rotary Lift mm� 'Hone , CoopfqaMe Porchaing .ConrrojcL, Fleet Fleet SoMices. Pwn & Equipni.nt � Rotary U& L 0. Rotary Lift OjpAAWARDED co'--aiv. Cordracttilk. 061015 -RRL Category. Fleet Services, Parts & Equipment i3escription; Heavy Duty Vehicle Lifts Maturity Data. 07/21/2019 Overview Rotary Lift is the world leader in hydraulic light duty/heavy duty vehicle lifts and special tools and has been in business for over 90 years, The legendary reputation has set the standard for quality, durability, reliability and Contract Documentation attention to safety throughout the automotive service market With an uncompromising commitment to product quality; testing and safety, Rotary is the world's most trusted lift and a founding member of the Automotive Lift Pricing Institute. Marketing Materials NJPA Contact Inforrnation NOW To PURplaa Our step" -step Vendor Contact Info Christine Bliz Direct Phone: 800-445-5438 x 5655 b1z.@r lift= www.raterviift.com http:ll Www.njpacoop.or glcoo perative-purchasinglcon tracts-fleetlfleet-services-parts-equip... 7g?723?j of 717 r National Joint Powers Alliance :: Search Results Home, W About Us Search Results ------------ Coo rative Purchasing --1111 - - --------------- - ---------------- Statev4de/Reglonal Solutions ................................... ....... Ong an lza dona I ............. m 6Y 9W�4-PM Land Fade Jmiw Cream Jn Deere. - Mowers ractors *070313 -AG Sullair Corporeition SUULM XL15-SAC 1ho-12ro Com umarov rail r. Inc. - Heaw Const ructipn=kuirk. N12M lal CNM Industrial CM NUM.5-.C.Rb IN N} IAL i}1 ttsA4-t�iiS secretary of the Staples Area Rotary Club...d in numerous leadership positions including Rotary 2025 Awards Rotary Lift Rotary Oft is the wortd leader in hydraulic light Rotary is the wodd rotaryfiftcom I wwwrotarylikoom Tammy Harmon 1800 rotarylift.com I www.rotarylifLcom Portable Construed P ae 128 of 717 http://www.ilipacoop.org/index.php/search-results/?search rlaths%5B%5D=&auerv---rotar... M12/2016 National Joint Powers Alliance:: Search Results kIn "p, . ......... ®View Publications® Pq http://www.njpacoop.org/index.php/search-results/?search paths%5B%5D=&querv--rotar... %!Tg of 717 Form E;. J0 4L N J PA Cono-act Acceptance and rvai®d (To he completed an ly ky NJPA) 1 1. vill ploy i1alwai'Firmuctin) plow-wXylvom Vehicle Pr�poscr's full legal name As an awarded Proposer, you are now bound to provide the defined product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth In this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NIPA on Form C. Amendment. In consideration of this contract award, Vehicle Service Group, LLC/Rotary Lift agrees to increase I quarterly administrative fee paid to NIPA from.75% to The effective start date of the Contract will be k. hi 2015 and continue for four years from the board award date. This contract has the consideration of a fifth year renewal option at the discretion of NIPA. I 4ati1nal Joint Powea-s AffinuceS F . P Proposer hereby accepts contract avvard including all accepled exceptions and NJPA clarifications identified on FORM C. Vendoi-UaTie Vehicle Service Grouip, LLC./Rotary Lift Vendor Authorized SiglialLIM Till., Government sales Leader ............... . Executed this 23rd -day of July 03 5 Christine Bilz (N anile priWed kv 13pedl ---------- - N3PA Conti -act Number �Wilalz, rzQL Page 130 of 717 Contract Award RFP #061015 LORMD Formal Offeripg 2LEE22osel (To be completed Only by Proposer) FLEET -RELATED MAINTENANCE EQUIPMENT, SUPPLIES, SERVICES, AND INVENTORY MANAGEMENT SOLUTIONS equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they accept the full contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Vehicle Service Group, LLC./Rotary Lift Company Name: Date: June 09, 2015 CornpanyAddre= 2700 Lanier Dr. W Page 131 of 717 Roberts, Christine From: Groff, Colin ® Wednesday, July 06,2016 1:15 PM To: Roberts, Christine Cc: Livergood, Jeffrey; Darty, Bill Subject: RE: Truck lift From: Robe ts, Christine Sent: 7/6/2016 12:47 PM To- Groff, Colin Cc: Liv I nd, Jeffrev; 21iy �0111 Subject: FW: Truck lift Good Afternoon Colin, Please read email below. The lift that broke is old and unserviceable. With your approval ! would like to move forward with a purchase order for this request. Funding is available in the Fleet budget, Acct.#501-516-519-62-01, Building Improvements. There is $50,000 available as this funding was supposed to be used to add a canopy over the fleet bays, it is my understanding this may have possibly been moved to CIP and diverted. nristine 0 e .17sistant Pt Public WorK Administration City of Boynton Beach 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 o: 561-742-6203 RobertsC@bbfLus I www.bp�� � _� Like us on Facebook [] To: Roberts, Christine Subject. Truck lift Page 132 of 717 law I.I. for $17,853.21 installed, this includes shipping and removal of our old lift. M. William Darty, Fleet Adrninistrator CAN Public Works, Fleet Maintenance City of Boynton Beach I Boynton Beach, Florida 33435 o: 561-742-6215 DartyW@bbfL.ul I www.boynton-beach.o : Like us on Facebook 11 Colin Groff, P.E., Assistant City Manager Public Services itv of Bovnton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Rorida 334 o: 561-742-6401 GroffC@,bbfi.u§ I www.boynton-beach.o Like us ;on Facebook wasaLla=11 emallaaaresses are pUDOCIPLUM. Page 133 of 717 6.1. CONSENTAGENDA 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Special Meetings held on July 12th and July 18th and the Regular City Commission meeting held on August 2, 2016. EXPLANATION OF REQUEST. The City Commission met on July 12th and July 18th and on August 2, 2016 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 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes D Minutes D Minutes REVIEWERS: Department Reviewer Description July 12, 2016 July 18, 2016 August 2, 2016 Action Date Page 134 of 717 City Clerk Pyle, with Approved 8/12/2016 - 9:39 ANA Page 135 of 717 MINUTES OF THE SPECIAL JOINT CITY COMMISSION / COMMUNITY REDEVELOPMENT STRATEGIC PLANNING MEETING HELD ON TUESDAY JULY 12, 2016, AT 8:30 A.M., IN THE WEST WING CONFERENCE ROOM 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA 11 V*1 4 1 119 Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Vice Mayor Jim Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle Interim City Clerk Christina Romelus, Commissioner (arrived 9:02 a.m.) Joe Casello, Commissioner Mayor Grant called the meeting to order at 8:37 a.m. Interim City Clerk Pyle called the roll. A quorum was present. Trina Pulliman explained she works with Trainovations, a local consulting firm that has been in business since 1995, working with local municipalities and counties. The purpose of the meeting was to review the timeline for strategic planning, to walk through the results of their previous prioritization workshop and discuss what the staff thought the City Commission may be intending and defining the priorities so staff will be apprised of their tasks. Ms. Pulliman advised the process started in April. She studied the prior two years strategic plan documents, analyzed them, and then formulated a current state report indicating the progress on all prior strategic initiatives. In May she interviewed each Commissioner to learn what was important to them. They created a list resulting in 54 items and they categorized the items into the objectives. Each initiative was listed on a board as an option for 2017. Each Commissioner had 30 equal votes that were made in rounds. There was consensus among the City Commission, those were the items they would address. She commented one Commissioner may find one item important other Commissioners did not. It did not mean it would not be addressed, just that other things may be done first on a tiered system. Ms. Pulliman referred all to a flow chart and explained how the rankings worked. Twelve items made it to the top tier. If a Commissioner wanted to bring up an issue as an initiative to be addressed, there was a process to do so. If the Finance Director had something important to say regarding an initiative, he could speak. This could lead to a decision to make a new priority. They would add the item to the agenda and complete a definition and intention form. It would be provided in the packet prior to the City Commission meeting and discussion would follow. There will be discussion on suggestions, staff and budgetary impacts, a timeline, community sentiment, and then Page 136 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 it will be voted on. If it does not pass, the process ends. If it does, they have to decide what would be deferred and inform staff. Conversely when a decision is made and voted on what should be addressed, staff could help determine the staffs capability and create action plans to report back to City Commission. In prior years, when an elected official wanted something done, they approached the City Manager and since they feel it is their right or obligation to make it happen, they put pressure on staff. The workshop is an attempt to work as a team so staff can accomplish what the City Commission wants them to do. Vice Mayor McCray asked what happens when staff drops the ball on an issue. Ms. Pulliman responded the Commission should give staff the benefit of the doubt. They put items in place they say they can accomplish. As they move forward, staff will report on their process twice a year. Ms. Pulliman was working on a format for staff to follow. Mayor Grant asked if the Commission could make a motion to identify their priorities and learned they could. He commented he had sent an email to move one of his votes and passed the gavel to Vice Mayor McCray. Motion Mayor Grant moved to change his vote from Sustainable Housing to Transient Housing as a top priority. Commissioner Katz seconded the motion. Vote The motion passed. Mayor Grant noted the action moved a tier two priority to a tier one. He noted there are federal laws and Code issues dealing with transient homes causing chronic nuisances and did not know if it would cross over to some of the sustainable housing issues with nuisances or if they would be combined. Ms. Pulliman explained this would be added as a 13th priority item and they will give staff the opportunity to determine their workload and see if staff could accommodate the item or defer another item in its stead. Vice Mayor McCray thought elected officials have a responsibility to their constituents and as to workload, staff had to prioritize. Ms. Pulliman agreed and clarified if staff says it could be done, and in six months they can do more and the budget is approved, another item could be addressed. At the end of the year, the goal is to have City Commission expectations met. Ms. Pulliman referenced a handout regarding the various initiatives that were given to staff asking what they think the elected officials intended for the initiatives and how staff N Page 137 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 would define it, what the outcome would be, what are cost considerations, and their perspective on the initiative. The goal is to obtain their input on the package to get a clear understanding of the Commission's expectation of the initiative. Develop Bond Financing Source for new Police/Fire Department Headquarters was reviewed. Commissioner Katz asked about the budget and cost consideration regarding the Police Headquarters on High Ridge and advised he had no desire to put government buildings there. Vice Mayor McCray favored puffing something on the parcel. When they purchased the land, they wanted the Fire Station placed there as a safety complex and he was not in favor. Commissioner Casello thought the land had more value for a private development than a public building and commented there was an inquiry from a potential hotel. He thought a possible 25 million dollar public safety building had to be approved by the voters as the project would either have to be bonded or the Commission increase the millage rate. Commissioner Casello had previously requested a study several times. He commented the Police Department budget was approaching $31 million and public safety takes up 72% of the General Fund. He thought the Commission had a financial responsibility to the public and wanted an apples to apples comparison from the Sheriff Department so they could explain why they would issue a bond or pay for it through the millage rate. Mayor Grant commented that item was part of the strategic initiatives and not under the title of Develop Bond Financing. Instead of the Commission looking at the Police Department Headquarters as an outside Town Square project, it could be considered for funding inside the Town Square project. In addition to developing bond financing sources, he thought the City should consider including capital improvements such as the Old High School. He wanted to see if residents would take on the debt themselves or not for these types of project. Three options were to consider High Ridge Road, not consider High Ridge Road and the third option was a study. Commissioner Katz asked how long a study would take. Ms. LaVerriere responded she would bring in an outside consultant and it would be a four to six-month process costing about $50K, but it would cover every aspect of running Police services and communicating with the Palm Beach Sheriff's Office. A consultant would obtain the information and quantify it in terms of savings, evaluate how the pension is handled and conduct a financial analysis. The City Commission can define the scope. Commissioner Casello explained it may not necessarily be cheaper, but they need to be informed when bringing it to the public. Commissioner Katz expressed concern Town Square, in its totality, has about a dozen items woven into it, including Police and Fire. He thought it may be harder to isolate one item when it is related to several others. Ms. Pulliman commented the City Commission has to start somewhere and a study may be the first step in the initiative. If the dialogue continues, she would ask staff about the 3 Page 138 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 timeliness of the initiatives as there are market conditions, financial impacts and other aspects to consider. Ms. LaVerriere agreed. The Town Square Workshop would be held on July 18th and staff would try to determine how to move forward with the City's financing of some of the improvements they need and/or moving Police and Fire offsite so the development community can develop/redevelop the current site. It could be a potential referendum item and in the meantime, the market was changing and softening on the residential side. A study would extend the timeline out because they also wanted to issue an RFQ for the redevelopment of the 16.5 acres if they locate Police and Fire outside of the Town Square. Until the study is complete, and if there is a "what if' on that portion of the project based on the results, it will delay that part of the project. Commissioner Casello questioned if the intent is to locate Police and Fire offsite and how it would affect the Town Square development and it was a matter of how to fund it. Ms. LaVerriere responded it depended. If they know, they would have to delay that portion of the project. (Commissioner Romelus arrived 9:03 p.m.) Colin Groff, Assistant City Manager - Public Services/Utilities Director, explained if the decision is to put fire and police off-site, as long as the financing for the Town Square was solid, the City could move forward with an RFQ for the Town Square. Commissioner Casello thought the decision was already made to go off site. Mr. Groff commented there was not enough room in the Town Square for both departments. Commissioner Casello emphasized he wanted a study to compare the cost of Police services as it may skew the Town Square project. Ms. LaVerriere disagreed and thought they could address the RFQ side of the Town Square and the City Commission would try to reach a decision on Monday how to pay for the Police and Fire. Mr. Groff commented if going off site with the Police and Fire, they have to make a decision, and they can refine the RFQ scope to exclude it. Vice Mayor McCray noted it was only a study; they were not trying to do away with the Police Department. Ms. LaVerriere explained the City would have to obtain a consultant to obtain prices of police services and all those decisions have to come back to the City Commission, If funding a new Police and Fire Department, they could spell out a schedule, then the other part can move forward. Projects can be managed. It was only a matter of how much risk the City wanted to assume in the project. Vice Mayor McCray asked about the timeframe. Ms. LaVerriere commented she would do some research and craft an RFQ. Tim Howard, Assistant City Manager - Administrative Services/Finance Director explained the procurement process. The process could take from one to 14 months from start to finish. Commissioner Casello asked how it would affect Town Square. Ms. LaVerriere responded they need to determine the components of the Town Square project. If the City issued an RFQ for 4 Page 139 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 Town Square without Police and Fire and a headquarters would be constructed elsewhere, public safety could not be moved from its present location for about two years. Ms. Pulfiman summarized, the City Commission and/or a Commissioner has requested more information to make decisions such as if a referendum should be used, if there should be a millage increase, should the City build and if Fire and Police services would be kept in-house. Commissioner Casello clarified he was referring to a study just for Police. Step one of the initiative was for an outside consultant to conduct a feasibility study to determine if the City wants to use the Sheriff or keep the Police Department and if going with the Sheriff, they do not need a Police Headquarters. Mayor Grant asked for a motion to consider alternative public safety. It was noted the request was for a study, Mayor Grant asked if it was a strategic initiative in the tier three category and learned it was. Commissioner Casello commented they could combine tiers two and three together. Mayor Grant disagreed. The request was to keep the item as tier three. Commissioner Casello moved to do a study before considering the initiative. Commissioner Katz seconded the motion. Vote The motion passed 4-1, (Mayor Grant dissenting.) Ms. LaVerriere suggested working the items side-by-side and thought a study would be ready by October. Commissioner Casello inquired how much was paid for the plans for the Police Department and learned it was $100,000. This discussion will be included with the Monday workshop. Ms. Pulliman explained this item would be discussed on Monday adding it to a pocket of money of about $50k to 60K to be included in the proposed budget to issue an RFP and start a study in October. I il Vice Mayor McCray moved to defer this until Monday, July 18th at 1 pm. Commissioner Casello seconded the motion. The motion unanimously passed. 5 Page 140 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 Safe and Livable Neighborhoods was discussed regarding the Police Innovation program. Vice Mayor McCray commented about the Dallas shootings and one thing the community lost was Community Policing. He noted Boynton Beach has the program and the program is working. Mayor Grant asked about Shot Spotter and Assistant Police Chief Snow responded it is a detection system using censors in a geographic location that triangulates where a shot was fired from. The technology is so sophisticated, it can distinguish between construction noises, fireworks, and cars backfiring, so when officers are dispatched, it pinpoints the location where the event occurred and it can identify a secondary crime scene location. Mayor Grant asked when shots are fired, if the Police Department is inundated with calls to learn the vicinity of the occurrence. Assistant Chief Snow explained by the time the police are called, the shooter is typically long gone and the Department is only given a general location. The information is sent to the officers' laptops. There are 16 sensors within a square mile. Vice Mayor McCray favored the technology because a resident on 13th Street was shot in the leg while watching fireworks. Commissioner Casello asked if the technology would be City -owned or handled though a vendor and learned it would be City -owned with maintenance handled through the vendor. Mayor Grant asked if other municipalities in Palm Beach County have this program and learned Riviera Beach uses it. It has been successful in prosecution proceedings. Riviera Beach had invited the Public Defender and State Attorney for a live demonstration. There is a precedent set in the County to use it. Commissioner Casello asked how many responses to shots fired the Department received and Assistant Chief Snow responded she would have to take a tally, but it is on a regular basis. Commissioner Casello and Mayor Grant asked if it Occurs within a geographical area or in higher crime areas or if it would be spread throughout the City. The recommendation was to use it in a certain area in District 11 to start it due to the majority of shots fired calls. There are calls for shots fired throughout the City, but it may be cost prohibitive to address those other areas. Vice Mayor McCray asked if the $500,000 to $1 million was what was needed to cover 2.5 square miles and learned it was. Mayor Grant favored whatever could be done to reduce crime with any type of technology proven in the County as did Vice Mayor McCray. Ms. Pulliman advised staff would start to develop the costs and present them to the City Commission. Mayor Grant commented he would like to have the money in the budget. Ms. Brooks advised she budgeted for the License Plate Recognition (LPR) for MLK and Mayor Grant commented he wanted money in the City's budget, Ms. LaVerriere explained this was a big ticket item and they would likely obtain the technology in 2018, but it would be discussed Monday. Commissioner Casello wanted a report regarding shots -fired for the calendar year. Ms. Pulliman summarized in addition to the research for Commissioner Casello, the City and CRA would include funds in the budget for the LPRs. Ms. LaVerriere advised she would try to obtain the cost. R Page 141 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 In response to a question about grants, Assistant Chief Snow advised there were no funding or grant opportunities for Shot Spotter. Commissioner Casello asked who else was using the technology and learned the Sheriffs office was using it in Belle Glade and Riviera Beach, About 10 municipalities use LPR throughout the County and information is entered into a shared database for all to benefit. Vice Mayor McCray asked if 2.5 square miles would encompass District 11 and learned it would. Commissioner Casello also learned the program could be expanded. Vice Mayor McCray commented the Restoring the Village Program touches on many of the things the City Commission was seeking. Mayor Grant spoke to the Boynton Beach High School football team with Sergeant Roper and an officer and after answering student questions to the best of their ability, the students felt they could not relate to them in any way. He liked this program so he could relate more to the youth of the City. Ms. Brooks explained this was a program with the Boy Scouts of America and the Police Department. Ms. Pulliman noted the Police Department has a Law Enforcement Trust Fund they can use in this current year to subsidize the program. Next year $15,000 to $30,000 would be needed annually to continue the program. Ms. Pulliman explained it was important the City Commission know the associated costs of putting a program in place for the following years. Commissioner Romelus asked how they could incorporate program funds that benefit youth. Ms. LaVerriere commented the Police Athletic League program was replaced by the Wildcats program. She did not know how much support the Police Department provided to it, but the City supports the program with in-kind services such as security without charge. Ms. LaVerriere would like to provide a level of support and she agreed to provide it to the City Commission if they want to include it in the budget. Vice Mayor McCray commented the City provided about $29,000 for in-kind services to the Wildcats compared to $20,000 that was given to the baseball team. He noted Mike Byrd hoped more people would contribute to the program and he pointed out two players started playing football at the Hester Center and went on to play pro -football, who, on Saturday, donated $20,000 to the program. Commissioner Casello advised he had the paperwork to donate $1,000 from his discretionary funds and Vice Mayor McCray advised he would do so as well. The Model Block Development Partnership was reviewed and Ms. Pulliman advised the current project is funded. Ms. LaVerriere explained this was a multi-year program, and they had been working on the model block for two years. Mr. Mack explained the City was in the eminent domain process for NE 11th Avenue and the City rescinded the Resolution of Necessity for NW 10th and put it on hold. The City was moving forward with the infrastructure improvements, the underground utilities and acquisition of the easement and rights -of -ways on NW 11th, while continuing construction of new homes. The second part of the project was the construction of homes on CRA and City -owned lots, and to acquire the remaining lots on NW 11th. An RFP will be issued in mid- summer next year for the improvements on NW 11th. Ms. LaVerriere noted two homes were sold, the Community Development Corporation has two homes under construction h Page 142 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 on 10th and the CRA partnered with Habitat for Humanity and they will break ground on the next two homes on NW 10th. Ms. LaVerriere explained the City has been very successful negotiating with property owners when they approached them regarding eminent domain and the need for the right-of-way. With the exception of one or two of those properties on the two streets, staff was able to acquire the entire parcel. Ms. LaVerriere explained there should be 15 new homes in Poinciana Gardens. Ms. Brooks announced Habitat for Humanity has a new president with a banking background. He is very interested in Boynton Beach and commented the best Habitat for Humanity projects are in the City which they want to continue. The CRA always splits the design standards to improve the neighborhood. She advised Mike Campbell, Habitat for Humanity, did great work. Mr. Groff explained the Links Golf Course is 30 years old and needs updating. Golf courses make money by rounds played. Staff was trying to formulate a plan to upgrade the greens as soon as possible to increase play by about 10,000 rounds to 70,000 rounds a year. The Links had previously been at 70,000 plus rounds which enabled the course to be very sustainable. He explained the City would change the way they handle their market penetration and noted play has to be a good experience and value in order for golfers to return. Mr. Groff advised staff will bring back ideas how to fund the greens so the golf course will pay for itself. He explained it may mean borrowing from the City in the short term to be repaid through golf fees. The first step is address the budget issues this year at the workshop and a presentation will be made in July. By August, Mr. Groff advised there would be a more detailed plan to create exposure. Mr. Groff advised the golf course is in great shape and when they have a plan they will announce it so golfers will keep returning. Comnmissioner Casello thanked Mayor Grant for playing there and explained the golf course is an enterprise account, and it paid for itself for years except for the last few years. Commissioner Casello advised he had previously worked at the golf course, and if the Commission made the commitment, the Links would be a great asset. He noted the City's significant amenities would be the golf course, the marina and the beach. Vice Mayor McCray inquired if there were summer programs to get youth and students interested in golf. He thought the sooner youth are exposed to golf, the more the sport would grow. Commissioner Casello explained the golf course had previously been rated the number 1 municipal course in South Florida. Mr. Groff explained budgetary decisions will have to be made at the workshop, which if approved, would put the course on track for this year, and then the next plan is how fast they could finance the greens. He thought they could start on the greens next April. Mayor Grant asked if Parks and Recreation having a golf program was something they should put in the budget. Wally Majors, Recreation and Parks Director, advised staff was meeting with Ron Tapper, Golf Course Manager, about how to bring recreation programs to the Links. Staff was currently contemplating holding a concert there. Staff has many ideas that will also be featured in Funfare magazine. Ms. LaVerriere explained they do a lot 0 Page 143 of 717 [fleeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 with the high school students. Vice Mayor McCray noted the amount in the budget would be about $250,000. Commissioner Romelus asked if the renovations would be completed in three years and learned they would. After the additional 10,000 rounds, the Links would be self- sustaining. Ms. Pulliman explained the next steps would be addressed at the July budget workshop, followed by an August presentation and then development of a three year plan to start next April. Ms. Pulliman reviewed the feasibility of a dog park, Ms. Brooks inquired if the park would a neighborhood park or a district park. She had heard one was wanted in the Downtown. Leashed dogs were already permitted at four City parks. This item was for a fenced -in, off -leash park, east of 1-95. Two locations were suggested; one by NE 6th by the CRA building or using a portion of Pence Park, which is 3.5 acres and heavily used. Vice Mayor McCray passed by Pence Park and saw dogs off leash and a lot of water bottles. Mr. Majors explained the park is used by local youth. In 2010 and 2011, the City Manager asked for feedback about the park and the department hosted a community meeting. Pence Park is the oldest park in the City and was converted from a softball field to a multi-purpose park. Soccer and kickball leagues use the park often. In 2010 and 2011, there was an acknowledgement the park was very popular in that neighborhood, including basketball, the playground and other grounds. There was discussion Pence Park may not be appropriate for a dog park because of its heavy use. Additionally, there is limited parking. The lot at NE 6th could be an appropriate dog park as it is owned by the City, it has parking, and it is never used. Ms. Brooks commented because they were trying to create a downtown, the idea would be to walk dogs to the park as opposed to driving to the park. There are three developments which permit dogs and this would be within walking distance. The CRA has an opportunity to purchase an acre of land on SE 4th Commissioner Casello went to Okeeheelee Park and the County divided the park into three sections to accommodate maintenance. He asked if the lots were large enough. Mr. Majors explained West Palm has six or seven dog parks and the uses are distributed through the City. They have small areas. A traditional park is a minimum of five acres. They always have areas for resting and for big and small dogs. Lake Ida Park, in 2010, cost $100,000 to maintain. The park is fenced, has wash stations and it is up to the City to determine what is appropriate. A dog park could be a small area that has a shade tree and a place to sit, but a small park would have to rotate around small dogs and big dogs. Commissioner Casello asked if the CRA would help fund the park if it was located in the CRA District and learned they could. A park would create a lifestyle to attract millennials. Washington Park in New York City is tiny, is packed, has dirt and is used by dogs of all sizes. Ms. Pulliman explained there is a maintenance cost, which staff estimated would be $150,000 for a five -acre park. Mayor Grant thought the cost could be reduced through advertising. 9 Page 144 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 Mayor Grant wanted to move forward with NE 6th, which was just under half an acre. Ms. Brooks agreed to bring back a study. Commissioner Katz explained he goes to Lake Ida all the time. He thought if they create a park, they should decide if it would be a tiny auxiliary dog park or a real dog park. He thought a full scale dog park would attract people. Mayor Grant thought more than 50% of park users walk to NE 6th. The dog park at Renaissance Commons was an acre and Lake Ida was just under five acres. Commissioner Katz did not know if Pence Park was the right site as he did not want to trade off one amenity for another, but felt the lot next to the CRA building was small. He did not think dogs over 40 or 50 pounds would use it and noted people with larger dogs use parks more frequently because the dogs need to run. A full dog park was a size similar to Lake Ida Park. Commissioner Romelus understood some communities limit the size of the dogs and discussion followed there are limitations regarding the breed and weight. While parking was important, Ms. Brooks explained they were not seeking to create a destination dog park. Mayor Grant commented a City -owned dog park would mostly serve people in the downtown area. Commissioner Romelus had discussed a dog park at Pence Park with constituents and did not receive a favorable response to the concept. Ms. Brooks agreed to develop a plan for a park and thought an acre would be appropriate. Commissioner Romelus asked if a one -acre park would lower maintenance costs and learned it would. Ms. Brooks commented she would investigate artificial grass. It would require more work up front, but would be easier to maintain because the dogs cannot tear it up very easily. Ms. Brooks would identify different locations and bring them to the Commission. Ms. Pulliman reviewed the Develop a Unique Identity/Events and Special Events and Annual Events objective. Mayor Grant commented there are two monthly and annual events. He noted the Blarney Bash, Pirate Fest, Kinetic Art, MLK Unity Day, the Boat and Holiday parades and the Fourth of July fireworks were annual. There was discussion the Kinetic Art was biennial event. Ms. Brooks recommended it be held each year. Vice Mayor McCray felt annual events should continue to take place on Ocean Avenue. Mayor Grant noted MLK and HOB Unity Day Parade was along Seacrest and ended on MLK Jr. Boulevard. Mayor Grant thought they should have an event there for an hour or two after the parade, such as if people want to do the Health Fair. Vice Mayor McCray commented a year ago, the MLK event was held on MLK Boulevard and it was well attended, but it was cold and rainy. He favored continuing the event. Ms. Brooks explained the CRA worked with the MLK Committee and the Committee decided to hold it at -the amphitheater. Vice Mayor McCray suggested they discuss the matter with the MLK Committee and Ms. Brooks agreed to do so. Having an event at MLK would cost more because the CRA would have to bring in stages and a sound 10 Page 145 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 system because nothing is there. Commissioner Casello thought the City events were great and he favored quality over quantity. He thought they should try to focus on and grow the existing events on Ocean Avenue and noted the holiday tree lighting right after the parade worked out better than a two-day event. Vice Mayor McCray was concerned about safety going across Seacrest Boulevard during Pirates Fest. Mayor Grant asked if the City Commission wanted to spend extra money to make Kinetic Art an annual event. Commissioner Casello thought it was unique and it should continue and be expanded. Vice Mayor McCray also enjoyed the artwork in the tent. Ms. LaVerriere explained she put an additional $5,000 in the budget to total $20,000. She and Ms. Brooks had discussed scaling back the symposium aspects and focus it on Ocean Avenue. They may bring an event planner to help. Mayor Grant noted attendance at the 2015 Fourth of July event had more attendees than 2016 because last year, residents had the next day off. He asked if the City wanted to have the event on the Fourth. Mr. Groff commented next year the 4th is on a Tuesday. Mr. Majors had heard from parents it was difficult to have kids out till 11:30 p.m. Commissioner Casello asked if there was a rain date and learned staff does not schedule a rain date because once the canisters are loaded they have to be ignited. The barge cost $15,000 to rent and it is used during the week for construction. In addition to availability, the operator would want to be compensated if used for a rain date and it would have to be included in the contract. Vice Mayor McCray asked if there was any type of survey or if they could add a question to the annual citizen survey to move the event to a Saturday or another day for next year. Mr. Groff commented he may come up with two options and look at best practices. Monthly events included Movies in the Park and Music on the Rocks. Mayor Grant commented rain was sometimes an issue and he asked if they want an alternative plan to continue the events. He noted Music on the Rocks had been moved to the Boynton Beach Woman's Club, but it was not well attended because the information was not communicated and the weather improved. After discussion, there was agreement to leave events the status quo. Bands usually book weekends and there are vendors and food trucks that may not be available. The members discussed the monthly Artwalks. Ms. Brooks advised that connecting cultural entities within the City via a cultural tour was discontinued. Eleanor Krusell, Communications Manager, explained -the Arts District Walk occurs once a month as did the Bean Scene. The Recreation and Parks Department has programs every month. Between the Chamber of Commerce, Recreation and Park programs, there is a lot occurring. Ms. Pulliman explained staff will provide a potential list of annual and monthly events and noted this initiative was also about marketing the events and how to foster the community pride. Staff thought a quarterly brochure or some other type of marketing effort could be used. Mayor Grant asked if the CRA sends flyers to the schools and learned it was costly and not all schools accept them. Ms. Brooks explained the CRA includes event information in the Utility bills. 11 Page 146 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 Commissioner Casello thought if marketing the City, the City Commission should make a commitment and get more people involved. One person cannot market everything and the Commission should contemplate how to fund the marketing. Vice Mayor McCray asked if the City and CRA assist with marketing and learned they do. The Chamber of Commerce was now part of the process and many billboards are joint projects. The largest event was the Haunted Pirates Fest, which last year drew 100,000 people. An electronic billboard is used and the event is displayed for 5,000 seconds a month. Commissioner Katz commented an individual brewery not associated with any other event should be included as the City has the most breweries. He thought the City should ask the Brewery owners what they would they like to see since breweries all have anniversaries and attend events up and down the coast. He thought they could provide input and have a home grown brewery inspired beer festival. Ms. Krusell commented they had discussions with Visit Florida and Discover the Palm Beaches, and thought it may be possible to do something in 2018. Commissioner Casello noted the Chamber holds a Harvest Fest at the Mall, and thought maybe they could tie it in. Mayor Grant recessed the meeting for a break at 10:30 a.m. and reconvened the meeting at 10:42 a.m. Ms. Pulliman commented direction was needed on the MILK Corridor Redevelopment. Vice Mayor McCray noted the street is MILK Jr. Boulevard. Ms. Brooks explained the CRA has property on MLK Jr. Boulevard north and east of the Family Dollar store which would be redeveloped. The issue is they do not have a chunk of land. There are parcels in the area the CRA does not own. The owners want a lot of money and they cannot use eminent domain. The area has a lot of crime and loitering and attracting development to that area is difficult. When Family Dollar came the CRA provided two CRA parcels to offset the cost of the other parcels the developer had to acquire which were over -priced. If it is the true desire, the CRA has to contribute land and cash to offset the cost of three other over -priced properties, owned by Finkelstein, DJV and the Bells property. Ms. Brooks explained the owners want double the appraised value. Mayor Grant agreed. He asked if the CRA could offer them a flat fee per square foot and learned they do, but they do not accept. The former CRA Chair purchased land where the CRA was investing and wanted a large return. Commissioner Casello thought the problem with MILK Jr. Boulevard was Bells, and as long as they allow people to loiter all night, or determine a way to move individuals away from the front of the store, the area will not develop and overdoses occur inside the Family Dollar Store. Assistant Police Chief Snow explained that effort would dovetail with sustainable neighborhoods. The Police Department was working with legal staff to modify a chronic nuisance ordinance which gives teeth to combat problem properties and stores. 12 Page 147 of 717 Meeting Minutes Special City Cornmission/CRA Boynton Beach, Florida July 12, 2016 Mayor Grant wanted to move forward with the pocket park on the east side of MLK Jr. Boulevard by the substation and asked if the CRA could build a park there. Ms. Brooks explained only if it was in the Plan. The park could be added to the Plan, but it would delay development of Sara Sims Park. Mayor Grant thought a park provided an alternative place to go. Commissioner Romelus did not favor transferring loitering individuals from Bells to the pocket park, but learned the park was next to the Police Substation and they could install a camera. Vice Mayor McCray explained Broward County has a passive park with tables and instead of individuals being on the Boulevard, they go to the Park. The individuals are confined and not visible from the street. He noted Sara Sims would not be addressed within the next year and crime on MILK Jr. Boulevard decreased. Commissioner Casello inquired if park hours were enforceable and learned they would as a trespass. The City would have to make the commitment to prosecute. Commissioner Romelus thought it may create more problems than solutions. Mr. Simon explained there are parks all over the area that are not used. He did not understand what a pocket park would do when individuals do not walk to an already existing park. The convenience store is the reason they are standing there. Vice Mayor McCray commented when on MLK Jr. Boulevard, they say it is "our" street whether they walk or not, they say they own a section. Nothing was done to improve Sara Sims Park, and the goal is to get loiters off the edge of the sidewalk so they will not be visible when they pass by. Mayor Grant noted there are children there. There would not be playground equipment installed. It would have a bench and a place for tables. It would be a place to congregate and as a City park, it is available for everyone. FNNWT-j Vice Mayor McCray moved to move ahead with the pocket park on MLK Jr. Boulevard. Commissioner Romelus learned this was part of the Tier 1 initiative for a pocket park, and it offset everything else on MILK Jr. Boulevard, because nothing was moving forward because the owners will not sell. Ms. Brooks advised she budgeted $1 million to help offset the cost of a developer purchasing properties there. She thought it would be a better use of the money than a pocket park the CRA would develop and maintain. Commissioner Katz thought the core issues should be addressed first. Ms. Brooks planned to include a light, path and some benches, mulch and cleanup. She anticipated it would cost $50,000 to $70,000 plus irrigation. Restrooms may not be needed. Ms. Brooks explained MILK from Seacrest to Federal is very short, Mayor Grant thought unless there is an opportunity to go somewhere else on the street, those loitering would not move. This was to show the community the City Commission wanted something for them, 13 Page 148 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 create a park and then still have to pay Bell's regardless. She learned the money will be spent whether they build a park or not. Vice Mayor McCray thought if they put the park there, it will give the people a place to congregate, and it will clean up a section to make it viable for someone to develop. He thought it was worth it to spend $100,000 to eliminate $1 million worth of issues and make it a viable section for a developer to build a $3 million to $4 million development. He thought it was putting the cart before the horse. Commissioner Casello thought they were moving the issue/problem 'from one place to another and asked about the estimated cost to maintain a pocket park with benches and irrigation. Mr. Livergood replied it would be $30,000 to $40,000 and the City would contract out the work. The bulk of the expense is litter removal and the cost depended on the landscaping installed. If only mulch, lighting and benches are at the park, maintenance would be about $500 a month. It did not include ground maintenance. Commissioner Casello asked if the litter crew would service the park and learned they would. Vice Mayor McCray commented the City was not doing everything they need to and residents need a place to go. Commissioner Casello commented the park hours were enforceable and the City could control the park and move out an unruly crowd. He asked if the police could move the crowd in front of Bells and learned they could not because the property owner has not asked for them to be moved along. He asked as future development occurred on MLK, the park could be part of the land bank and learned it could. If not transferred to the City, maintenance would be borne by the CRA. Commissioner Katz commented he could support the item as long as it was tied to the convenience store. He favored buying and demolishing the property, and there is an alternative location that would be maintained. He thought the issues needed to be addressed together because if the City purchased the Bells property and the CRA upgrades the surrounding properties, Bells would ask for more. Mayor Grant seconded Vice Mayor McCray's motion to include the pocket park as a Strategic Initiative. Vote The motion passed 4-1, (Commissioner Katz dissenting.) The pocket park was added as its own Strategic Initiative, deferring Sara Sims. Strong Local Economy would be reviewed what could be done to expedite the process. Commissioner Romelus asked as a condition of approval, if this could be done in conjunction with one another Ms. LaVerriere recommended they be done as two separate initiatives. The pocket park was moved from Tier 3 to Tier 1, leaving the MLK Redevelopment Initiative alone, Commissioner Romelus asked if the intention was to purchase the properties. Ms. Brooks responded the CRA did not intend to purchase the property. It was an incentive for a developer to purchase the property. The park would be included in the proposed budget for staff to address. 14 Page 149 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 (Commissioner Casello stepped out of the meeting at 11:09 a.m.) Vice Mayor McCray inquired about the intended outcome of the MLK Corridor redevelopment study and learned it was to increase property values and get more developers interested in coming into MLK to develop and remove a blighted area. It would reduce loitering and crime. Ms. Pulliman received confirmation the intent was to use CRA land and possibly CRA funds to parlay it to obtain someone to invest and build in the area. (Commissioner Casello returned at 11:12 a.m.) Commissioner Katz commented this is a major goal and he cautioned all should be careful how they spend money. They just approved 10% of the acquisition budget for a park they did not budget and they acquired the AmeriGas property for $700,000 which they had no plans for. He thought if there are specific goals, they need to budget carefully. Ms. Pulliman advised the Commission would provide input regarding the Business Tax Receipt /Certificate of Use Program Expansion, Develop the Framework and Funding Mechanism of Roads, Sidewalks, Parks and Land, and Employee Onsite Medical Clinic. Commissioner Romelus wanted sidewalks and street calming measures on 11th 12th , 13", and 14th leading up to Forest Park Elementary School to be a top priority in the second initiative of Develop the Framework and Funding Mechanism of Roads, Sidewalks, Parks and Land. Vice Mayor McCray suggested speaking with Fire Chief Joseph, noting when they installed sidewalks for Galaxy Elementary, students were given a safe route to use. It is a budgetary issue. Commissioner Romelus commented she only wanted sidewalks on the main roads to the school and 14th is especially used as a by-pass to Seacrest and Woolbright. She knows cars are speeding and wanted it addressed sooner rather than later. Mr. Groff explained the City is about a month and a half away from bidding Phase 11 of the Water Treatment project which includes installing sidewalks on the streets going to the school. Staff was ensuring that the neighborhood and the schools will be connected as part of the utility project. The street calming was a different issue. Mr. Livergood explained in the 15 years he was with the City, he could provide hundreds of traffic counts that were done every five years. The figures are consistent that the volume and degree of speeding does not rise to the level of installing traffic calming measures. It is more of an enforcement issue. Staff had reviewed Forest Park very closely and it is a societal issue. Commissioner Romelus asked about just 14th She did not think it would be an issue to by-pass 13th or use Woolbright if emergency vehicles were needed and thought a speed hump or a round -about was needed to calm 14th to reduce the speed. Mr. Livergood explained staff had discussed traffic diverters, dead end roads and changing the route of the area with the Neighborhood Association, but the residents did not want to change their traffic patterns. 15 Page 150 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 Ms. Pulliman asked, in the Development of the Framework, if the City Commission should assume it is comprehensive and City-wide to replace what is wearing out. Mr. Groff explained the City has $1.7 million to replace capital infrastructure that cost $5.5 million to replace. The issue is how to fund the gap and they would only replace what is broken. New projects are capital Improvement projects and the sidewalks on 12th and some of the other streets are part of the capital improvement project. There may be some traffic calming included as they install swales and individuals park on the street. Vice Mayor McCray commented Forest Park is the only elementary school without sidewalks, and thought they were long overdue. Mr. Livergood explained this is a Strategic Plan item and they have to identify funding sources for routine maintenance. He referenced the conditions for Sara Sims Park and commented there are no dollars assigned to fund the basic nature of the restrooms there. This item is to find a funding source to maintain the infrastructure that is wearing out. Ms. Pulliman noted the handouts with a yellow template were items between the prioritization and staff workshop, and were items on the list that did not float to the top, and that they asked staff about. She commented the items were important issues for other cities. Staff indicated there were four things they believe were vital that required a small budget and had little staff impact that could be added to any of the other things on the list. She recommended the four items be added to their workload. Mayor Grant noted funds were in the budget for a pension consultant to determine how to reduce the $100 million of unfunded pension liability. Commissioner Katz wanted to contract it out. Commissioner Katz so moved it be a tier one priority. Vice Mayor McCray seconded the motion. MM Mayor Grant explained to Commissioner Romelus that before she arrived, the Commission voted to place Transient Housing and Code Regulation into a Tier I priority. He felt Chronic Nuisances and Code Compliance could be addressed with the Transient Housing issue and ask for a motion for a Sustainable Neighborhood Task Force. Z Vice Mayor McCray so moved. Commissioner Romelus seconded the motion. im Page 151 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida July 12, 2016 Mayor Grant explained Mobility Fees would replace impact fees developers pay to the County. The City collected $24 million in impact fees and the County only returned $4 million, with most of the monies going to Greenacres, Wellington, West Palm, Palm Beach Gardens and other areas. He noted Mr. Livergood is head of the committee for the County. He asked if the City wanted to conduct a comprehensive City study or wait to hear from the County, Mr. Livergood explained if the City puts its own Mobility Plan together, it has to pass legal muster. The plan must be buildable and show where the City will build. It cost money to make the plan. If a plan is created through the County Task Force, the Metropolitan Planning Organization indicated they may be willing to pay for all the mobility plans in the communities so there is an integrated plan. There is some distrust whether Palm Beach County would facilitate the process and give up their dollars, which is still unknown. Mr. Livergood noted there is an upcoming meeting in July with presentations from the Florida Department of Transportation and there will be feedback from the County. He advised he will know more by the end of the month if it will proceed, but if the City wants to go faster, it should be done locally. West Palm announced they would handle their own plan and were investing about $500,000 for their plan. The Plan has to be a paper plan so when the development community pays the fees, the City will show what the City would be building. Ms. LaVerriere announced it would cost about $300,000 to $400,000 to create a plan for Boynton Beach and it would take a year. Either way, the City wants to move forward and the City could vet the County process first. This is an important potential revenue source. Staff met with a person from a firm that creates mobility plans. If the City would handle its own plan, they would issue an RFP/RFQ. Mr. Groff explained the consultant would bring back options on the most efficient way to keep as much money in the City. Vice Mayor McCray asked if the City would lose funds if they withdrew from the County. Mr. Livergood responded he was unsure, but the City would incur an initial expense to put a mobility plan together. At the end of the month, the MPO may make a suggestion for the political solution that changes the County Impact Fee Ordinance. Mayor Grant explained the recommendation is to allow staff to bring the Mobility Fee back to the City Commission this year. Z =.- 17 Page 152 of 717 Meeting Minutes Special City Cornmission/CRA Boynton Beach, Florida July 12, 2016 MM The motion unanimously passed. Ms. Brooks explained funds were in the budget for Boynton Beach Boulevard Improvements. The cost would be $2.5 million split into two years. Commissioner Casello commented when he first served on the City Commission, they set money aside for a study. He asked if this could tie in with the Town Square project and he asked how they could work them together in the right order. Ms. Brooks explained most developers they met with were happy the CRA was considering the project. It they added it to the 16/17 budget, it would coincide with the Town Square project and they could work it in the same time frame as developers would like to see development occur together. Ms. Brooks suggested monies be put in the budget if issuing an RFP/RFQ so they can move together. Vice Mayor McCray asked when construction would start regarding the off ramps for Boynton Beach Boulevard. Ms. Brooks explained she was attending a meeting next week, and the State wants to add a lane on the south going eastbound turning onto Seacrest. Ms. Brooks explained she had informed the State they did not think it was necessary to have two right turn lanes on Seacrest. Commissioner Casello so moved. Commissioner Romelus seconded the motion. MM 3=* Ms. Pulliman summarized there are 18 priorities with 14 of them being City priorities and four for the CRA. She explained the City Commission will receive an email from her asking for input on what is left. After input is received from the Commission and staff, the Strategic Plan document would be created. It would have all the items from prior years and new items for 2017. Concurrently, staff would start revising the proposed budget for items needed for 2017. When the budget is passed, staff will create an action plan with a timeline so they will know the progress of all projects, in addition to normal operations. Mayor Grant asked for a motion to adjourn. Vice Mayor McCray so moved, Commissioner Katz seconded the motion. The motion unanimously passed. The meeting was adjourned at 11:38 a.m. W., Page 153 of 717 Meeting Minutes Special City Commission/CRA Boynton Beach, Florida ATTEST Judith A. Pyle, CMC Interim City Clerk I OJL�'Aj ]- Catherine Cherry 0 Minutes Specialist lik 12, 2015 Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 154 of 717 a N 2 *01 F -1-1-A A ;JJZ4**:Ik'kjF Steven Grant, Mayor Mack McCray, Vice Mayor Christina Romelus, Commissioner Justin Katz, Commissioner Joe Casello, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Colin Groff, Assistant City Manager - Public Services/Utilities Director, explained the workshop was a request to move forward with the Town Square Request for Qualifications (RFQ). A presentation will cover where the City was, what they have done in the past, obstacles they are aware of, and define an RFQ and Public/Private Partnership (P3). Mr. Groff will outline what is needed and issues staff needs Commission consensus on. At the end they would make a recommendation which could be approved, rejected or modified. Mr. Groff explained over the last few years, staff held public design workshops with the public to gain input for the Town Square and it was incorporated into conceptual ideas. Staff also met with developers regarding unsolicited proposals to develop the area. One proposal did not include the Old High School (OHS) in the Plan, which was rejected based on the current direction of the Board. Another proposal would be reviewed and a few weeks ago, the City Commission added the Town Square as a top priority in the Strategic Plan. Vice Mayor McCray asked how many proposals were received including the rejected proposal and learned two were formally received and there was one informal proposal. Since then, staff received conceptual ideas from development teams. Ms. LaVerriere explained the first proposal received was just for the Old High School, from Jeff Harden of Straticom. The community wanted to create an active lively center that maintained some form of a Historic High School, including a City campus and staff would incorporate community input in the proposal. A P3 was an agreement between a public agency, and a private partnership. It is a contractual agreement and it allows a private partner to work with the City on City owned property to develop a mixed-use development while providing the services the City needs. The partner could provide the capital to finance the government Page 155 of 717 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida July 18, 2016 project. One way development could occur is they submit a proposal. If the proposal is accepted, there is a process to follow to invite other developers in under the same proposal. The other way is to issue a formal RFQ to address all the needs for the Town Center and advertise the development, inviting teams to submit a formal proposal that addresses the needs for the Town Center. Both are public private partnerships. The City has been promoting the Town Square for over a year and there have been challenges. One problem is development teams have concerns regarding their financial and proprietary information being publically disclosed. Some waited for new rules to allow for confidentiality, which are now in place. He explained once a contract is signed, the team's finances are subject to disclosure. Some teams were concerned about the OHS. Prior to the Strategic Plan, developers were not comfortable the City could fund the project. Mr. Groff explained consensus was needed in this regard. Other challenges were the adoption of the Consolidated CRA Plan, building height issues, market requirements, and others. The next step is to publish an RFQ. Florida Statute provides for the City to select a team or consultant to build a project under a qualification -based process. The City would advertise for private development teams who will submit their past projects, team make-up, potential financial offerings and other information. The City may have five or six teams respond to the RFQ and a selection team will shortlist the respondents down to three. The three respondents will submit conceptual drawings, what they want to build and the financial package to fund it. The selection team would then score the responses and one team would be ranked first that will be brought to the City Commission for approval. Staff would recommend a five person selection team to the City Commission which would include City staff with expertise in the area and perhaps two individuals with expertise with the financing of these types of projects. Mr. Groff clarified the individuals with expertise could be included as part of citizen input. Mr. Groff explained the RFQ would include conditions that are required, directions for preparing the proposal, scoring methodology and ranking, the project requirements, and any other criteria the City wants to include in the proposal. He thought the City could bring in someone from the outside to help finalize the requirements. There may be other project requirements such as roadway improvements. The idea is to have flexibility so the team can provide a plan that meets their financial requirements. If a plan is too specific, there is no creativity. He commented maximizing private uses minimizes the City's investment because there are financing options that come from the private development that helps finance the project. Developers would come in with their money and understand the market. They have to put together a project that meets the market and City needs. The OHS RFQ requirements kept the school in its current location and rehab it to house civic functions and only allow that option to be proposed. The second option was the same as option 1 with alternatives. The City may want to keep the same fagade and 2 Page 156 of 717 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida NMIMMINIM, footprint with a new building and/or recreate the historical portion of the school. Commissioner Casello asked if the $100,000 grant would still apply. Mr. Groff explained several developers feel if they can fix the roof it would stabilize the building and be a better option to keep the OHS and the grant was a good tool to move the project forward, even with the alternatives. Mayor Grant asked if the building could only be used for a civic use or if it could have a cafeteria. Mr. Groff responded the City would allow some commercial, but it would be left to the developer. Some civic uses are good with additional commercial to support the uses. Ms. LaVerriere commented the project would accommodate the Madsen, Art and Civic Center uses, because those structures would be demolished. There was consensus to use option two. Mr. Groff asked about the Police and Fire stations attached to City Hall and commented it is valuable land for private development. The City had planned to relocate the Police Station to High Ridge Road. There is a study in place and it is about a $28 million project. The City would still need to find a site for Fire Station No 1, and had considered the Ocean Breeze East site for a combined Fire and Police Department Public Safety Complex. Staff recommended including both sites in the RFQ. Vice Mayor McCray noted there had been consideration of moving Sanitation out of District 11 and thought they could put the fire station there. He thought if there was a hotel in the area, having a fire station nearby would be good. Mr. Groff commented that was an option they could include in the RFP. There was money in the five-year plan to do work at the Public Works site and there may be some advantages to doing so. Commissioner Casello thought it comes down to flexibility as being site specific could offer roadblocks. Mayor Grant commented the total market value of City Hall is $10,300,000. He supported getting the maximum value and favored Police and Fire at Ocean Breeze East. He asked if the Police Station was located at High Ridge Road, if there would be a substation in the Heart of Boynton. Mr. Groff explained every study he read had the Police Department on High Ridge. There is a substation at Renaissance Commons and an office on MILK Jr. Boulevard. Vice Mayor McCray thought Ocean Breeze East should be considered and the property at High Ridge could be used for a hotel. Commissioner Casello noted there was an inquiry about land for a potential hotel on High Ridge Road and thought the property was more valuable as a commercial site. Staff has tried everything for the Ocean Breeze East site, which was unsuccessful due to the tax credits. The High Ridge site was earmarked for the Police Station and he thought the City Commission should be flexible. Commissioner Katz liked the Ocean Breeze East site, but was not locked into it. If the City had to finance the Town Square/Police and Fire plans, the more value they could get, the better. He thought the High Ridge site was very valuable, and anything in the Town Square was valuable which the City would use to pay for the projects. He favored 3 Page 157 of 717 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida July 18, 2016 Ocean Breeze East or the Public Works site. Vice Mayor McCray asked about the value of the High Ridge and learned it was appraised for about $2.5 million. Mr. Groff explained developers reviewed the High Ridge property. The Downtown is about 16 acres and the other two sites were about 10 acres. Financially, developers were excited about it because developing 26 acres gives them more flexibility with financing options. Vice Mayor McCray asked where Public Works would be located and Mr. Groff responded they would have to look at that. Public Works will not fit on the East Wastewater Treatment Plant and there may be other opportunities. Ms. LaVerriere explained Public Works is an eight or nine acre site. Mr. Livergood commented he would be hesitant to include Public Works. Mr. Groff agreed, but commented the City could always say they have another site and if the developer was interested, the City could add it. Vice Mayor McCray favored adding it. There was consensus to include the High Ridge Road, Ocean Breeze East and the Town Square sites and let the developer come up with the best mix. Mr. Groff explained the Town Square site was 16.5 acres which is city owned. The development team will want to know if there is excess land to use to provide development. Mr. Groff thought there was. The Schoolhouse Children's Museum needs to stay at the Town Center boundary. He noted most of the conceptual plans he has seen do not move the Museum. Vice Mayor McCray did not want the Museum moved. Mr. Groff asked if there was consensus to locate City Hall away from Boynton Beach Boulevard and in the Town Square. Commissioner Katz did not want City Hall on the most valuable piece of land in the Town Square. Vice Mayor McCray also did not want City Hall constructed in the same manner as the Library. Mayor Grant asked if there was an option for City Hall to be somewhere else besides the Town Square. Mr. Groff responded there were not many places left in the City to develop. He recommended not including it, but it could be considered. Mayor Grant favored locating City Hall on land less valuable than the Town Square. Commissioner Casello asked if the City would consider a private developer, such as Ocean One, approaching the City indicating they could construct a City Hall. Ms. LaVerriere explained they considered doing so a few years ago at Renaissance Commons. Mr. Groff commented if there was consensus to add it, staff would and the City was seeing teams joining together. They could include the option and detail what is needed and consider alternate locations within the City appropriate for a government building with parking. Commissioner Romelus thought City Hall should be in the 16 acre area, but not on a prime corridor such as Boynton Beach Boulevard in order to allow higher income development to go there. Ms. LaVerriere advised there was consensus to not list 4 Page 158 of 717 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida July 18, 2016 alternatives offsite. Mayor Grant also learned staff had assessed the needs for a new City Hall. Mr. Groff noted the Civic, Art and Madsen Center functions would most likely be included in the OHS. Commissioner Katz asked about the square footage of the buildings that would be consolidated compared with the square footage of the OHS. Mr. Groff explained the proposal he saw would still have 25% of the space left for other uses. Once hiring someone, Phase I would be a space study. Ms., LaVerriere summarized the Schoolhouse Children's Museum would not move, City Hall would be elsewhere in the Downtown. The civic buildings would be removed. Mayor Grant noted there is a butterfly garden by the Art Center and noted there are very large trees. He asked if they would remain. Mr. Groff responded they will try to keep the trees. Commissioner Romelus asked about excess land. Mr. Groff explained part of the value of the land is land left over. There is value to it and it goes to pay down the value of the public buildings. The question was if the Commission was willing to let it go to pay down the land. Mr. Livergood clarified the excess land is for paved parking and a developer may construct a garage or use it for another function. Commissioner Katz asked if they will try to pin down the amount of land to remain open for green space or a community area. Mr. Groff recommended they include having to provide open space based on a space planning study. There are items that are desired which could be included which came from prior studies and community input. Commissioner Casello asked what would happen to the Schoolhouse Children's Museum playground and learned it would depend on the submittal. The RFP could require parkland and open space features. Developers would not propose anything outrageous. They could include, create/expand green space, and event areas. They want to preserve the tree canopies. The issue is if the open space is in the right place. Mr. Groff commented they include open space and they could figure out how to include everything in there. Mayor Grant asked if they could specify they want more green space than already exists throughout the project and not in one certain space. Mr. Groff responded they could. He recommended defining what the space would be, i.e. not a parking lot. Commissioner Casello explained the language could come after the proposal. The Commission will pick a proposal or concept and then start designing the campus or go to an RFQ. An RFQ could specify at least 15% additional open space for community activities and letting a team move forward to develop a design, not build it. The RFQ will include elements the team has to develop. Mr. Groff asked if there was consensus to see what a team proposes and designs. Commissioner Romelus thought developers knew what the City wanted and preferred to see what they propose. The consensus was to give flexibility. Mayor Grant wanted to 61 Page 159 of 717 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida UE122M include a definition of green space. Vice Mayor McCray understood about flexibility and requested the developer improve access and circulation to the Library. Mr. Groff believed there was consensus, at least what they have now, except about the green space. Commissioner Katz commented whatever green space they assemble must have real value for activity use as well. A community input plan was viewed which they would use to develop ideas. Mr. Groff explained the City would include 15,000 to 20,000 square feet of civic use, a new 50,000 square foot City Hall, a public event lawn, the amphitheater, public gathering spaces, an interactive water feature play area/kids museum and the playground would be reworked. The entrance and gateway features at Ocean and Seacrest, streetscape along Ocean Avenue and Seacrest Boulevard, including trees and on -street parking would also be included. There were no questions or comments. Mr. Groff reviewed the cost for the City to build a new City Hall, a new Police Headquarters, a new Fire Station and new civic space could be up to $63 million. Vice Mayor McCray spoke about the AmeriGas location and thought they could look at the site for a Fire Station. Commissioner Casello asked if it was more economical to combine Police and Fire in a Safety Complex and Mr. Groff thought it was. Mayor Grant asked if the new City Hall could also house the CRA. Mr. Groff responded a space study would have to be conducted and the CRA Board would have to make the decision, Vice Mayor McCray pointed out customer service was contemplating using the CRA Office. Mr. Groff explained to move forward, the City would have to issue a $60 million bond and it would make $58 million available. The bond would be a 25 -year bond. Interest rates would be about 2.5% and the debt service is about $3.3 million, This would be a .85 of a mil ad valorem tax increase. General obligation or revenue bonds would be issued. Ms. LaVerriere explained they hoped with the P3, the City would not need that much money. Mr. Groff explained each team will bring a different financing option. The City could own the land and lease it to the P3 team, like a reverse mortgage. If so, a $50 million investment could be reduced. Private developers construct buildings less expensively than the City could, and the annual lease payment could be reduced $2 million to $2.5 million per year. Private equity funding with lease back options would provide City funding through annual appropriations. Funds that pay for the existing buildings would be used. Revenue sources could include Tax Increment Financing, land leases, land sales and energy savings contracts, which could save $500,000 a year. There are New Market Tax Credits and historic preservation tax credits. Mr. Groff explained a private partner will come in with a package explaining the financing will be so much per year and the City can appropriate the funds through ad valorem. Commissioner Casello thought it was possible the project could significantly lower the cost. n. Page 160 of 717 Meeting Minutes City Commission Special Meeting Boynton Beach, Florida July 18, 2016 Staff wanted to release the RFQ which includes all the elements they discussed. plus the changes to provide sites at the Town Center, High Ridge and Ocean Breeze East and a few other alternative sites. The proposal must include a conceptual plan and financing options for a new City Hall, new Police Station, new Fire Station and new civic space. The primary conceptual plan must include the utilization of the Old High School, but alternatives can be offered, and authorize the City Manager to issue the RFQ. Commissioner Casello moved to go along with staff's recommendation in addition to the items discussed as important to be added to the RFQ. Commissioner Romelus seconded the motion. Attorney Cherof explained the City Commission has to approve the document at the City Commission meeting. Mr. Groff explained the final results will come back to the City Commission. Mr. Groff thought the review would occur in September or October. Commissioner Casello asked about the time frame and learned it would be about a year before the project would break ground and thought they should expedite the issue. Vote The motion unanimously passed. There being no further business to discuss, Mayor Grant ended the meeting at 2:03 p.m. (Continued on next page) Page 161 of 717 Meeting Minutes Boynton Beach, Florida ATTEST Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist N! July 18, 2016 [on Nwel 2 -Wj Z I to] i Ni Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 162 of 717 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 2, 2016, AT 6:30 P.M. COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH. FLORIDA PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Grant Justin Commissioner Katz, Commissioner Christina L. Romelus, Commissioner Joe Casello, Commissioner. 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Invocation by Rev. Rick Riccardi - Police Chaplain Reverend Rick Riccardi gave the Invocation. Pledge of Allegiance to the Flag led by Vice Mayor McCray Vice Mayor McCray led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor McCray added to Item E, Announcements, Presentation on Suits for Seniors. 2. Adoption Motion Commissioner Casello moved to approve the agenda as amended. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Page 163 of 717 Meeting Minutes City Commission Boynton Beach, Florida 2. OTHER A. Informational items by Members of the City Commission August 2, 2016 Commissioner Casello disclosed he met with Bradley Miller, Miller Land Planning regarding the Villages of E. Ocean, and attended the Palm Beach League of Cities meeting. He is a member of the Executive Board and they had a good meeting at Lake Worth Casino Complex. He explained he is assigned to the State Attorney Task Force for Sober/Recovery Residences and they are exploring ways to get a handle on the regulations and licensing of these homes. It was not going to be about zoning, it was about the vendors and marketing issues. There is also a police component of the Task Force. The Task Force would return with a plan and direction how to address the issue and they were enlisting the help of Senator Jeff Clemens and Representative Bill Hager. Commissioner Katz met with representatives from South Tech regarding some of their 'future plans and expansion. He met with residents of Intracoastal communities regarding the downtown and Consolidated Plan and met with Fire Chief Joseph regarding the budget. The newspaper stated the annual cost to hire six firefighters and clarified the amount this year was far less than $100,000; not $120,000. He commended the Chief and City employees for researching cost savings for new positions. He planned to budget for them in the future. Vice Mayor McCray met with Isram Realty regarding the Riverwalk project they plan to build in Boynton Beach, attended the Palm Beach County League of Cities Luncheon and had addressed Boynton Beach High School students regarding the Suits for Seniors program. Mayor Grant on August 20th, attended an event with South Palm Beach Jewish Federation, attended a Metropolitan Planning Organization meeting, attended the Boynton Beach Chamber of Commerce meeting with Career Source Palm Beach County who assists individuals to become employed, write resumes, and has grant programs. The web address was CareerSourcePBC.com. On July 22nd he attended the Boynton Beach Human Resources Quarterly Orientation, attended a Keller Williams event in Wellington regarding flooding. He received 100 backpacks from the Office Depot Foundation in Delray for the City. He attended the Palm Beach League of Cities meeting at the Casino Complex in Lake Worth. He was on Channel 12 news on July 27tH discussing public safety in the City and on the 28tt, he attended a Florida Department of Transportation (FDOT) meeting as they were seeking public input regarding the interchanges on Boynton Beach Boulevard and Gateway Boulevard at I- 95. Three different options were proposed. If nothing is done, there would be a 10 - minute wait to turn off the exit. He favored a one -light option, which the State would pay and install. He invited all to review the flyers in the back of the room and submit comments to FDOT. 2 Page 164 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 Mayor Grant attended a Real Property Probate Trust Law meeting at the Breakers about new land use and new regulations regardingp Coastal High Zazards areas and making Comprehensive Plan changes. On the 30t , he attended the Hurricane Alley Summer Sizzle event. Yesterday, he met with the Fire Chief and the City will obtain more ambulance transports. He commented on Project Seahorse which is a summer camp teaching youth to snorkel and swim by Boynton Bay. There was a barbeque and it was an opportunity for dive boats at the Marina to give back to the community. He spoke with Boynton Beach/Delray Flotilla No. 54. They have great information and free or reduced prices boat safety classes in memory of the Jupiter youth who were lost at sea. He spoke with Channel 12 regarding an upcoming legal settlement Commissioner Romelus met with representatives of BIG representing the Intracoastal Communities and District III. She attended the Summer Sizzle event and complimented Kim Kelly of Hurricane Alley and her staff on a great job. She announced a Town Hall meeting she was hosting on Thursday in the Library Program Room at 6:30 p.m. There were many rumors and misconceptions regarding the proposed Riverwalk Development and she wanted to ensure all were on the same page regarding what is being proposed and what residents are for and against. She explained this was an opportunity for the public to speak and for the developer to clarify their proposal. She invited all to attend. Commissioner Casello inquired if other Commissioners could attend the Town Hall. Jim Cherof, City Attorney advised Commissioners can attend, but it was not a forum for cross discussion on issues that will come before the Commission so there is some risk associated with attendance. Commissioners could attend and remain silent. Commissioner Romelus explained she would not proffer an opinion. It was to obtain clear consensus so they could move for or against in a positive manner. Vice Mayor McCray received confirmation the Commission could attend to observe. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Highlights of the Boynton Beach Mental Health Committee 2014-16. Presented by Gerda Klein Gerda Klein, Boynton Beach Mental Health Committee thanked Mental Health Committee Members Margret Newton, Chairman and Reverend Woodrow Hay and Cynthia Shulman. Ms. Klein announced the Committee was in its second full year and making in -roads in promoting education and awareness about mental health and wellness. Highlights of the Committee's activities included partnering with Boynton Beach High School. Art students participated in a logo contest in 2015 that produced the Committee's logo. The Committee initiated an Annual Psychology Day and area mental health professionals came to the High School presenting different career options in the field of psychology to psychology students. Photos of Psychology Day from 2015 and 2016 were viewed. Three peer professionals from the National Alliance on Mental 3 Page 165 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 Illness (NAMI) conversed with 40 students about their life with mental illness. This year, for the first time, Boynton Beach High School is one of seven county schools casting a musical about bullying called the Weight of Words. The musical will be held for most of their feeder schools and there will be one performance for the community. More than 1,600 people were trained in the County learning how to assist someone in a mental health emergency and the Committee trained 54 individuals. Visuals of the classes held in October and November were viewed. Parks and Recreation staff will take a Youth Training class this fall designed for staff working with youth. The Committee has been in contact with the Police Department and hopes to meet with the Fire Department, Emergency Services, and plans to meet with caregivers and clergy. Bethesda Hospital is a strong community partner and they will work together to promote awareness and the importance of accessing mental health services. The Committee co-chaired a Mental Health dialogue with area clergy, featuring National Mental Health Guest Speaker Hakeen Rahim. It was a cooperative venture with Reverend Hay who focused on Boynton Beach Clergy and Reverend Kevin Jones who is associated with the clergy in West Palm Beach. Reverend Hay now chairs a clergy task force to address next steps in meeting mental health educational needs of clergy. The Healthier Boynton Beach project is a collective impact initiative of the Palm Healthcare Foundation. The topic is Family Care Giving and the Committee is on the steering committee and work group to ensure there is a strong mental health focus on family care giving. Anxiety and depression is prevalent among caregivers. The Committee is in discussion with the Boynton Beach Human Resource Department to provide education and awareness opportunities for City employee Wellness and Benefits Fair. She invited all to contact them to learn more. Their mission to make Boynton Beach a Model City for mental health and they were looking for a volunteer to help manage social media. B. Approve changing the date of the first meeting in September from Tuesday, September 6, 2016 at 6:30 pm to Thursday, September 8, 2016 at 6:30 pm to have First Public Budget Hearing on Proposed FY 16/17 Budget in accordance with the Truth in Millage (TRIM) calendar. Lori LaVerriere, City Manager, announced, due to the Trim and Fire Assessment schedule, they need to change the meeting as noted above. She advised she would advertise the meeting through social media. She also announced the schedule for the September City Commission meetings as noted below: C. The schedule for September City Commission meetings is as follows: Regular City Commission Meeting & 1st Budget Public Hearing - Thursday, September 8, 2016 @ 6:30 p.m. in Commission Chambers; .19 Page 166 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 Special City Commission Meeting to adopt the final Fire Assessment Rate Resolution - Tuesday, September 13, 2016 @ 6:00 p.m. in Commission Chambers; and Regular City Commission Meeting & 2nd Budget Public Hearing to adopt the Final Millage Rate and Final Budget for FY 2016-17 - Tuesday, September 20, 2016 @ 6:30 p.m. in Commission Chambers D. The Boynton Beach Community Redevelopment Agency will hold its Fiscal Year 2016-2017 Public Budget Meeting: 6:OOpm Wednesday, August 17, 2016 at Intracoastal Park Clubhouse Mayor Grant announced the above noted CRA Budget Meeting. E. Suits for Seniors. Jervonte Edmonds, 905 Southridge Road, thanked the City Commission and advised Suits for Seniors is a non-profit organization to inspire, educate and empower young graduates. The focus is on professionalism, education, healthy lifestyles and image. The organization has a special program in Boynton Beach High School involving eight weeks of mentoring, hard work and education. He acknowledged and commended the help and support from partner Jackie Jones who was amazing. He wanted to recognize individuals for their support such as Commissioner Romelus and Mayor Grant noting they introduced themselves to the students and shared what is important to be successful. He also recognized Officers Roper, Paramore, Rodriguez, Ward, Whitfield and others. Other partners were Wells Fargo, Attorneys, the CRA Director, Realtors, P2P and a Healthier Boynton. The support for the program was amazing and he appreciated the individuals who help students become successful. They are holding an event on Saturday, August 20th including food vendors and booths for the various organizations, at 12 noon, to honor the seniors for their hard work. Mr. Edmond commended Vice Mayor McCray for his support and for coming out to speak to the students and his donation. He commented Vice Mayor McCray believes in the students of Boynton Beach. He announced 10% of every donation received would be given to the schools. Funds are for suits as well, but they want to ensure they support, empower and educate students at the High School. He invited all to donate at www.suitsforseniors.ora Commissioner Casello inquired if the program was for males or females. Mr. Edmonds responded the program has evolved and includes woman as well. Dress for Success is strictly a program for women, aged 18 to 24 geared to graduated individuals. The Suits for Seniors sticks to high school seniors and college bound students. Commissioner Casello commended him for his work. 5 Page 167 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 Vice Mayor McCray explained he went to the program at the High School and was amazed 50 to 60 young men were ready to do what was required. They took an initiative. He explained to the youth he works for them as citizens which they were unaware of and they asked many questions. He counseled them to not ever let anyone see them cry and if so, to do so privately. He mentioned the vandalism at the Hester Center and told the youth it cost over $40,000 to replace the equipment. During his presentation, some students snickered and on his way out of the building, one student approached him and thanked him for not losing faith in them and the youth would not let him down. He explained he went to his truck and wept. He shared this was investing in the future. He challenged Chief Katz to mentor the Captain of the Football Team and Assistant Chief Snow be the next mentor. He encouraged the Police Department to join with this group and help one student who is trying to make a difference in the community. This is an opportunity to check on youth, make sure their homework is done, and follow them. It was time to step up to the plate and they needed someone to acknowledge they have faith in their efforts. He praised the organization. Vice Mayor McCray approached the Chief about forfeiture fund donations which was still on the table 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) Fred Barch, Principal Boynton Beach High School, thanked Mayor Grant, Vice Mayor McCray and Commissioner Casello for participating in the Homeless Teen Awareness Project last May. It was an art project displayed in City Hall focusing on awareness. He commended Mr. Edmonds and Ms. Jones on the Suits for Seniors program as it attracted numerous volunteers to help the students. The students were captivated. He thanked Chief Katz and Assistant Chief Snow for going to the school with Officers because that is how they build bridges. Great conversations and hugs occurred and the students thought it important to actually get to know the officers. He praised the program for its awesome experiences and advised the Officers were terrific. Mr. Barch explained the High School was able to obtain $550,000 in private donations to start a medical academy. The effort was successful and the school had a 100% pass rate for the students. They are starting a new leadership academy based on a Marine Corp. JROTC Program. The school had sought the program for years and he announced they just recognized the first Marine Cadet at Boynton Beach High School. He thanked the City Commission for their support and requested they visit the school any time. He agreed the psychology presentations were outstanding and the students loved seeing the community take an interest in them. 0 Page 168 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 David Katz, 67 Midwood Lane, announced he and three other members of the Planning and Development Board attended a July 15th Planning Officials workforce in Palm Springs sponsored by the American Planning Association. There were presentations on planning principals, processes, legal considerations, responsibility of advisory boards, sustainability, urban design, economics of new development and growth, current trends and public participation methods. He was impressed with two speakers; one was an attorney and land planner from Broward County and another who is a planner who worked in the private and public sector in Tallahassee. The advisory board members travelled at their own expense and it was a great experience. He announced the City has a Planning and Development Board that is 12.0. Reverend Bernard Wright, CEO Bernard Wright Ministries, Real Talk Radio and the Robert E. Wells Foundation thanked the City Commission and the Historic Resource Preservation Board for the signs that would be installed on MLK Jr. Boulevard. He thanked Vice Mayor McCray for his support. Rev. Wright explained they are in a prophetic spirit of a better Boynton. He and the clergy were praying all the time. Rev. Wright explained he had presented a petition last week about the pool. He was present with an attorney and advised they wanted to resolve the issue noting there was almost two months left of summer. Minisha Maraj, from Richardson and Maraj, LLC, commented Rev. Wright raised a legitimate issue. The pool is a historical neighborhood pool and the matter is potentially unconstitutional. Reverend Wright wanted to resolve the issue, instead of pursuing a lawsuit. The pool is investing in the neighborhood's future and it deprives a sense of community to youth in an underprivileged neighborhood during the summer. She thought it was a travesty and it would perpetuate many problems. The hours were restrictive and they had to accommodate swimming lessons, depriving youth of the pool for a significant amount of the day. She hoped the City Commission would take the petition seriously. Betty Denson, 710 NW 3rd Street, explained on March 9th she purchased property at 115 NW 6th Avenue and it took until June 6th for the tenant to move out. The home needed a lot of repairs and there were Code violations. After the tenant left, she improved the property inside and out, put stucco on the wall, pressure cleaned and painted the house, boarded the windows to secure the home and put doors on the front of the house and the washroom. She was now addressing the roof. She commented the house is an old house, with tiles she is having a hard time finding. She asked Code to inspect what she had done. She also asked if they could stop the liens now for the roof and give her more time. She may have to replace the roof and does not have the funds. The liens accumulated before she purchased the house. She spoke with Mr. Yannuzzi, Code Compliance Coordinator, earlier in the day and he explained how Code worked, but advised he could not stop the liens on the roof because it was all included in one. She wanted it on record she asked for help. She contacted Octavia Sherrod, Manager, Community Improvement, for assistance but was ineligible because she did not yet live rA Page 169 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 in the home. She wanted the liens stopped until she had the money because the home needed more work than appeared to be done. She had before and after photos. She paid $10,279 and purchased the home because it belonged to her grandparents. He asked Mr. Yannuzzi for the current amount of the lien. Chris Yannuzzi, Code Compliance Coordinator conducted an inspection last week and two of the three cases complied; one fine was over $61,000 and another was $64,000. The open case accumulated $137,000 to -date. He commented he had explained the lien reduction process for the two closed cases, but she must continue to work on the open case. Mayor Grant asked how much the hard costs were and learned it was about $1,900. Mayor Grant explained once the third case complied, she could speak with the magistrate and get the fines reduced. If she did not agree with the amount, she could appeal it to the City Commission. If appealing the City Commission decision, she can go to court. Ms. Benson acknowledged she was told the same, but was concerned because the fines were still accruing. Mayor Grant advised the City will not foreclose on the home. Debby Lytle, 1700 SW 14th Avenue, corrected a statement she previously made about Barrier Free Park signage. This weekend she found the sign and commented it was poorly located and not very visible. It sits on the ground at the intersection and if cars are stopped at the light, the sign is not visible. It faces away from Congress Avenue and one only sees the tennis courts. She worked for the City for 18 years and for the Promenade and Casa Costa. She and residents want the best for the City and she commented a Downtown is a central location for people to enjoy city living and attend events and festivals, culture and theater, museums and art displays. She did not think filling the City with townhomes would create a vital downtown. She hoped the City Commission would be receptive to other plans for the City. Margret Newton, 701 NW 4th Street, explained a few days after the last City Commission meeting, a frantic neighbor called her wanting to know what was going on as she saw, and the Police Department confirmed, the City's SWAT team returning from 4th Street. The officers were in fatigues and armed and the sight was menacing. Ms. Newton objected as youth and the elderly residents witnessed them and were frightened. She explained the HOB residents were trying to understand the ministry of the Police Department and the image she witnessed was not the one she wanted to see and opined it was probably not the one the City Commission wants. She thought the SWAT Team should refrain from behaving that way. Vice Mayor McCray advised he was apprised and that the Police Department had contacted him. Susan Oyer, 140 SE 27th Way, distributed research she had annotated to strengthen comments she had made at a previous meeting. She also advised the Zika virus was an issue. She already spoke with Mr. Yannuzzi, Code Compliance Coordinator, earlier in the meeting. Her street has pools that have not been cleaned in a year, and they are potential Zika factories. She urged the City look at the pools and standing water Page 170 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 problems. She requested the City also look at the take home cars in the budget because the City is spending an excessive amount of money on people who do not need take home vehicles. She asked when the Mayor portraits would be updated. She noted there are no black bands on former mayors who had passed and not all mayor pictures were up. She requested a picture of former Mayor Jose Rodriguez should be displayed as he was still elected. She thanked Kim Kelly for a great festival and was glad all had a great time. Mayor Grant suggested Ms. Oyer call County Mosquito Control at 561.967.6480. Butch Buoni, 450 Horizons East, No. 304 commented he represents 840 families that pay taxes. He requested the Planning and Development Board review the CRA Consolidated Plan prior to the City Commission review. He conveyed the dissatisfaction of the residents of Sterling Village who are at the center of the proposed changes. Sterling Village would be impacted more than anyone else. He was glad the City cannot allow building on the Intracoastal and he asked the City Commission support his request Commissioner Casello disclosed he had a meeting with Tom McClure earlier in the day. Tom McClure, 2004 S. Federal Highway, President of the Boynton Intracoastal Group representing over 5,000 unit owners in Boynton Beach requested the City Commission reject the CRA Consolidated Plan as one size does not fit all. Approval would turn the City over to developers and the City would lose control in restricting height and density or whatever a developer would want to do. He thought the City Commission would be left to make recommendations regarding the placement of dumpsters and other similar items. If passing the CRA plan, a developer can assert they complied with all the requirements of the Plan and if the City denies them the opportunity to develop, threaten a lawsuit. He wanted a Plan to be approved area by area, and do what is responsible, project by project. He asserted Riverwalk Plaza was not responsible development. If the demand by the developers is approved, the Plan has been changed to fit and the City Commission, City Hall and the CRA and the citizens of Boynton will be left with a black eye. They have heard during the last election they will make a change, and citizens are threatening if you don't do it our way you will be voted out. He encouraged all think about what the residents are saying, and suggested going back to a zero based budget to look at each expense and see what can be done internally rather than look for new revenue opportunities. Richard Dames, 7284 W. Boynton Beach Boulevard, and President of the Boynton Beach Coalition of Clergy, thanked Chief Katz, Assistant Chief Snow and the Community Policing Department. Recently, he attended a training course for the implementation of a Cub Scouts Organization. He was born and raised in the City and he did not recall there ever being such an organization in District II. Participants were certified in the course and he was excited about the opportunity for young boys. He 0 Page 171 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 explained the CRA Policing Program was exactly what they envisioned and could not thank Sgt. Diehl and Officer Paramore enough for the impact they have made in the City building bridges. He thanked the Chief for their work in District II. Commissioner Casello asked if the Cub Scouts was a 501(c)(3) organization and was referred to Chief Snow or Sgt. Diehl as they only had one meeting and would have more information the next month. Vice Mayor McCray recalled there was a Cub Scout Pack in District II, 60 years ago as he was a member. Herb Suss, 1711 Woodfern Drive, explained he was in the pool business for 40 years and he agreed with the prior comments made about Zika. Contacting the County was a good step, but thought it would be more effective if the Commissioners made the call to protect the citizens. Mr. Suss also commented he was a highly decorated Police Auxiliary Officer and thought the millage rate should be kept at 7.9 because the Police deserve an increase. They represent the finest and he asked the citizens to support them as well. They do more than just patrol the community. The City and the Citizens should support them. He commented the majority of the Police in the Country and City are terrific. Christine De Haseth with an office at 4600 N. Ocean Boulevard, commented countless citizens have attended meetings, signed petitions, sent emails, and there seems to be no reflection of their voices in the CRA Consolidated Plan. After a June workshop for developers, their request for density was immediately granted, but not one request for reasonable height restrictions in the entire 1,650 CRA District was given any credence. Citizens did not know about the 100 to 150 feet height allowances on the corner of Ocean Avenue, Woolbright and Federal because the plans were changed after the June and July workshops. She asked who reviewed them and how citizen voices are being heard. A month ago, the CRA Board requested the CRA Advisory Board provide an executive summary. When the CRA Advisory Board reviewed the Plan, a last minute item was added to the agenda, which was a 15 -minute presentation by Isram. The citizens were not given 15 minutes to make a presentation. The month prior, the City Commission voted against the CRA Advisory Board reviewing the project. She thought the CRA had an underhanded maneuver and the City Manager and City Attorney should not have allowed it to be added to the agenda. The CRA Advisory Board ignored public comments. Most of the residents begged the Board to limit height and the Board, after disclosing meetings with Isram, voted to support height and density. Citizens are discouraged and frustrated. She thought giving Isram a platform to present their project would not solve the issue. She thought it would result in the opposite. She thought the CRA and City staff should be reminded they are at will employees and the City Commission work as elected representatives for the citizens. She asked who was listening to the citizens. 10 Page 172 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 Mayor Grant explained Attorney Michael Weiner planned to speak about land use as a land use attorney. He had commented he was retained by Isram, and acting as an agent of Isram and Riverwalk, the item was pulled due to a conflict of interest. Michael Weiner, Attorney on behalf of Isram, was present with Mati Rikman and put it on record they took careful notes of the additional public comments. They look forward to Thursday's decision and look forward to whatever the City will present to them for the planning within the CRA District. They will continue to be at each meeting to listen to citizen comments. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 2 Alts and 1 Stu NN Library Bd: 1 Reg Planning and Development Bd: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Mayor Grant nominated Christian Zanartu for the Building Board of Adjustments and Appeal. Commissioner Casello explained it was his appointment and the reason he tabled his appointment at the last meeting was there are no references on Mr. Zanartu's application. Motion Vice Mayor McCray moved to remove from the table. Commissioner Casello asked if Mr. Zanartu was in the audience. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 11 Page 173 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 Christian Zanartu, 2709 SW 4th Street, explained this would be the first time he will serve on an advisory board. He has been in Delray Beach for 28 years and the last three years in Boynton Beach. He looked forward to the opportunity to serve the community. Motion Commissioner Casello moved to accept the nomination. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Commissioner Casello noted there were three applicants for the Planning and Development Board. He nominated James Brake as he had served the community and was on various advisory boards, including the Planning and Development Board and he is a committed citizen. Motion Commissioner Casello moved to accept James Brake as an alternate on the Planning and Development Board. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant moved to approve Roberta Mann as the second alternate on the Building Board of Adjustment and Appeals. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 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 12 Page 174 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 A. PROPOSED RESOLUTION NO. R16-095 - Approve and authorize the City Manager to sign a Memorandum of Understanding between the City of Boynton Beach and the Florida Department of Law Enforcement (FDLE) to investigate officer involved shootings as well as in -custody deaths. B. Approve the purchase of two Police Department vehicles to replace two that were involved in accidents and deemed totaled, from Duval Ford in the amount of $28,552/ea. for a total of $57,104 off of the Florida Sheriff's Association Bid#15-23-0904. The Florida Sheriff's Association complies with the competitive bid requirements. C. Approve the extensions for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for August 2, 2016 - "Request for Extensions and/or Piggybacks". D. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ending June 30, 2016. E. Approve the minutes from the Strategic Planning Meeting held on June 24th and the Regular City Commission meeting held on July 19, 2016. E. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY15/16 Motion Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement in the amount of $50,000 in the case of Fernando Bass v. City of Boynton Beach, et al. Attorney Cherof read the item was a request to approve a negotiated settlement in court ordered mediation in the amount of $50,000. This is the matter the City Commission had been able to discuss in a prior closed -door session. Risk Management and the Legal Department recommended it be approved. 13 Page 175 of 717 Meeting Minutes City Commission Boynton Beach, Florida Motion August 2, 2016 Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Commissioner Casello explained he advocates for defending lawsuits, but in this instance it was cheaper to settle. 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. 10. CITY MANAGER'S REPORT A. Informational Presentation of the new Customer Service Policy that will be used by staff when performing Utility interactions with new and existing customers. Vice Mayor McCray asked if anything was done with staff regarding the report and learned they met with staff two weeks ago. He asked about the feedback from staff. Barb Conboy, Manager Utilities, Customer Relations, explained they reviewed the policy, key highlights, questions and answer sessions and there was a lot of positive feedback. Ms. Conboy introduced Erin Dunn, Supervisor, Customer Relations, and Waneya Bryant, Supervisor, Meter Services. She noted the City never had a formal policy in place for customers or staff. The City's customer base has 36,000 metered accounts and over 100,000 customers. The service area is twice the size of the City. Accounts are grouped into 16 cycles, billing approximately 2,200 customers daily. The goal is to protect customers and their privacy in connection with the City's infrastructure, bill customers accurately and timely and provide various ways to access information and for customers to pay. The goal is to manage accounts efficiently, with consistent information, process payments properly and manage delinquency rates to minimize the City's exposure to lost revenue. The policy provides a clear, standardized and equitable approach for all customers and employees. It identifies service timeframes and establishes a timeframe for billing adjustments, clear excessive -use credits, payment plans, defines terms, identifies promises to pay and provides for Director and Manager administrative discretion for unusual and extenuating circumstances. It establishes a 14 Page 176 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 property lien filing process for past due accounts, establishes clear responsibility for the utility bill and the balance responsibility. It reiterates the customer's responsibility to connect to available services and he pointed out the policy will be available on the web. Ms. Conboy confirmed the policy pertains to Utility customers. Ms. Bryant commented the policy details the services the City provides to customers and how they are billed. Depending on the location, services include: water, sewer, refuse, stormwater and reclaimed water. The two classifications of customers were residential and commercial. They use the services differently and have different requirements detailed in the policy. The policy includes guidelines for inspections of new and existing connections and staff worked closely with the engineering group to ensure inspections are conducted and backflow devices are installed when needed, before services are provided which protects customers from health hazards and the system from contamination. Ms. Dunn reviewed two forms of identification are needed, a completed application and proof of ownership, such as a deed or lease for new customers. A deposit is charged and after 24 months of timely payments, the deposit is refunded. The Department is on call 24 hours. If a customer is disconnected and needs services after normal business hours, there is an extra fee charged to those customers. Billing occurs monthly regardless of occupancy and consumption, and customers are billed for water, sewer, refuse, and stormwater. Payments are generally due within 25 days of the bill. New payment options were forthcoming and could be made via the website. Paper bills are sent through the United States Postal Service and electronic email. New features are forthcoming with the new vendor which would make it more convenient for customers to pay and receive their statements. If payment is not made by the due date, it is delinquent. The next bill customers receive indicates it is past due and must be paid immediately to avoid disconnection of service. Disconnection occurs about 10 to 15 days after receiving the past due notice. Disconnections occur Monday to Thursday and about 50 accounts per day are disconnected. Staff also reviews consumption information with an application they have with Meter Services to determine if there are any leaks. The goal is to minimize revenue loss and protect against theft and tampering. The Department reviews and handles account closures, collection processes, write-offs and accounts receivable management, adjust payment agreements, bill inquiries and leak adjustments. Ms. Dunn clarified leak adjustments are for excessive use, and it is defined as four times the average monthly usage for the past 12 months. The website can show hourly usage, and when high consumption is identified, staff contacts the customer and advise they have a possible leak. Payment extensions and plans are offered, as are adjustments for errors. The policy was developed for front line personnel and customers to promote fair and equitable treatment. 15 Page 177 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 Vice Mayor McCray noted the Commission supported electronic bills and bills were sent out incorrectly. He asked if it was corrected. Colin Groff, Assistant City Manager - Public Services/Utilities Director responded it was. Vice Mayor McCray asked for the total amount of uncollectable fees for water. Mr. Groff agreed to provide the information. Vice Mayor McCray asked how employees would be dealt with if not following the guidelines. Mr. Groff explained counselling and training will occur first. If the employee continues to not follow the guidelines, they will be disciplined. He commented employees provided a lot of positive feedback on the policy and with training. When people are upset about mistakes or service shut offs, having a policy to ensure customers are treated exactly the same is important and the employees appreciate it. Vice Mayor McCray asked if the policy is printed in other languages. Mr. Groff responded they would, but it has not yet been translated. Additionally, there are employees speaking all those languages in the department. Commissioner Casello thanked staff for the presentation and commented Mr. Groff had indicated at the Strategic Planning meeting the CRA Building would be a suitable site for customer service. He asked if it was still a possibility. Mr. Groff explained the CRA has a lease on the building. If the lease was no longer required by the CRA because of a change the CRA made, the building could be used for Customer Service. There is currently an issue in Customer Service because it is not set up for the rules and regulations they have to follow. It is difficult to do business in the City Hall lobby because it is private information in a public setting. This is something they could review down the road. Mayor Grant asked about the excessive usage credit. Ms. Conboy explained there is a leak directive that was created using calculations and averages. The Department set parameters and are limiting the credit to once every three years as people would come in annually. It is four times the average monthly usage and it must be over 10,000 gallons. Customers would receive a credit for everything over 10,000. Staff is creating a worksheet to simplify the process. Customers would receive a credit and adjustment on their bill, and their account would be placed in a bill inquiry status to avoid shut-off or penalties. Mayor Grant asked about the timeframe before water shut off. Mr. Groff clarified it was about 45 days from the first day of non-payment and if paid late there is extra $10 late fee. Vice Mayor McCray disagreed and explained his niece had to pay a water bill at 806 NW 4th Street. She was notified and before she could get there, the water was turned off. The same thing happened the next day. She did not receive any leeway. He came to City Hall within 15 days with payment and he had to pay a reconnection fee. He thought the comment was untrue. Mr. Groff explained he had indicated they call everyone, but they do not. They call all commercial customers and look through the late 16 Page 178 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 account file. He wanted to add residential customer calls to the procedure, but it takes equipment and time. Billing will be handled by a third -party vendor which will free up employees. When Mr. Groff started in Utilities, Customer Service was not turning off accounts and the City had large past due accounts. The processes are not up to date and they will make mistakes. The purpose of the policy was they find errors, they put new systems in place. They want to add as many ways to pay as possible and planned to issue bills via email, online October 1St, including various payment locations. Commissioner Casello noted when his constituents call about a utility or water issue, it is addressed timely and professionally. Ms. LaVerriere explained as part of professional leadership development, more managers and supervisors will make presentations. She complimented Ms. Conboy, Ms. Bryant and Ms. Dunn on the presentation. 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. (TABLED on 6/21/16 for 90 days) Commissioner Romelus wanted to remove this item completely as no information was received. Mayor Grant explained they have received calls from the Atlanta Braves. Commissioner Romelus suggested waiting until the information is received and put it back on the agenda instead of carrying the item. They have until the second meeting in September to make a presentation otherwise they can remove it from the table. Commissioner Katz explained its a County decision. He wanted them to make a presentation at some point and did not want to take any action until the County acted. When the County makes a decision the City could weigh in. There was agreement to keep the item on the table until the September date. 12. NEW BUSINESS A. Mayor Grant has placed this item on the agenda for Commission discussion and consideration of having the P & D Board review the CRA Consolidated Plan prior to City Commission review. Mayor Grant reviewed the Land Development Regulations regarding the Planning and Development Board, Advisory Authority Functions Powers and Duties. He commented the Board shall act in an advisory capacity to the City Commission by conducting investigations and holding public hearings. He pointed out it specifically reviews changes or amendments relating to the boundaries of the City, its zoning districts, or future land use map classifications. Mayor Grant thought allowing the City to present an 17 Page 179 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 executive summary to the Planning and Development Board would not move any timetables back. He hoped they would receive a recommendation by September Stn Commissioner Katz explained it is not typical for Planning and Development to be involved with these types of plans. It was a function for the CRA Advisory Board and they would complete their decision on Thursday. He thought it would undermine the CRA Advisory Board's recommendations and it was a slippery slope. He could assert the Arts Commission could weigh in on it because there would be public art, and the Library Board could weigh in on Town Square because it affects the Library and other advisory boards. They are about to have a recommendation from the CRA Advisory Board and it undermines them. He questioned if the CRA Advisory Board had indicated a different direction if they were going, there would be a call for a different committee to review the matter that is not part of the original process. He respected the CRA Advisory Board decision, the City Commission should respect their potential recommendation and it was not appropriate. Vice Mayor McCray agreed with Commissioner Katz to let the Advisory Board function and let them do what they are charged to do. Commissioner Casello commented the CRA Advisory Board is made up of residents and business owners in the CRA District and their recommendation has a lot of weight. Commissioner Casello agreed with Commissioner Katz and Vice Mayor McCray. Commissioner Romelus noted the Chair of the Planning and Development Board was present and preferred to ask him. David Katz, 67 Midwood Lane, speaking as an outside opinion and not a member of the Board, responded any additional citizen input allowed into something controversial is a positive, and he thought that was one of the issues of the people who feel they are being affected by the Consolidated Plan. He could not speak to the legality of what Mayor Grant alluded to. He thought the City should allow for any administrative process, just in case someone wants to sue. He thought it was important to allow for all possible input. Mayor Grant asked Mr. Katz if land use was discussed during training and learned it was. Commissioner Casello explained this project will eventually come before the Planning and Development Board. Mr. Katz noted Commissioner Casello mentioned the project, and Mr. Katz pointed out he was discussing the Consolidated Plan and input. Mayor Grant commented he reviewed the 2007 Ordinance that made changes to the Planning and Development Board, because the CRA Board was supposed to do this, acting as independent citizens. When the City Commission took it over, the power was transferred to the Planning and Development Board to review the future land use and zoning districts. He noted there was a difference in qualifications between the Planning and Development Board members and the CRA Board and he did not think it Page 180 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 would hurt their choices in making a decision by obtaining another recommendation. He receives recommendations every day via email and the Land Development Regulations indicate they have the advisory authority to do this regarding future land uses. He thought if the Commission did not want to follow the rules, they should remove the provision they look at future land use. Mr. Commissioner Katz explained the difference between Planning and Development Board and the CRA Board is the Planning and Development Board is quasi-judicial. Attorney Cherof explained the quasi-judicial function would not apply with something as broad as this. Motion Mayor Grant passed the gavel and moved the Commission have an executive summary to the Planning and Development Board by this August at their meeting so they can have a recommendation for the first meeting of the hearing of the Consolidated CRA Plan. Commissioner Romelus seconded the motion. Commissioner Romelus added the City Commission is receiving accusations because they are trying to do exactly what the citizens ask for which was to allow for the public to speak to the different issues and that was why she was holding the Town Hall. She explained it was not to appease any developers or make someone feel they can go in one direction or not, it was to allow the public to speak directly to the developer and for the developers to speak directly to the public because there is a communication breakdown and it seems the City Commission and the CRA Board serve as the middle man. There are different connotations being thrown around. She thought the City Commission should entertain the idea of bringing it up to the Planning and Development Board if it would not delay the time frame or stall what the Commission is trying to implement in the City. It was another form of transparency to allow for the citizens to again give their input whether people feel like they are listening or not, and it had merit. Vote Vote motion failed 2-3 (Vice Mayor McCray and Commissioners Casello and Katz dissenting.) B. Approve the request of Vice Mayor Mack McCray to distribute $1,000 of his Community Support Funds to the Suits for Seniors program, a non- profit organization. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. 19 Page 181 of 717 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL - None 15. FUTURE AGENDA ITEMS August 2, 2016 A. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - TBD B. Monthly Departmental Presentations: Golf - August 2016 Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 C. 211 E. Ocean Avenue (MSPM 16-005) (Heard by Planning & Development Board on July 26, 2016) - August 16, 2016 D. Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001) (Heard by Planning and Development Board on July 26, 2016) - August 16, 2016. E. Review results from Employee Clinic RFP - August 16, 2016 F. Commission to discuss red light camera program and American Traffic Solutions contract. - August 16, 2016 W Page 182 of 717 Meeting Minutes City Commission Boynton Beach, Florida August 2, 2016 G. City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission -- TBD Commissioner Casello wanted statistics for the Red Light Camera program including the number of violations there were over the last couple of years, what the City pays monthly, the fees, what the costs are and the revenue for the next meeting. Mayor Grant wanted to know if it impacted the accident rates. Commissioner Katz commented on the Interlocal Agreement for Fire Rescue Services between the City and Ocean Ridge and advised a former Commissioner pointed out that fire services contracts with other municipalities tend to pay a lower rate than City residents. In lieu of the fact the City is potentially building a new fire station and added six new firefighters to ensure the City is providing the best and most comprehensive services, he thought whoever they contract for fire services should pay an amount equal to City residents. 16. ADJOURNMENT Motion Vice Mayor McCray moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:18 p.m. (Continued on next page) 21 Page 183 of 717 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist W August 2, 2016 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 184 of 717 7.A. BIDS AND PURCHASES OVER $100,000 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve and authorize the City Manager to execute required documents to renew the employee group medical and dental insurance programs for fiscal year 2016-2017 per the renewal clauses in Request for Proposal for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048-1610-14/JMA: PROPOSED RESOLUTION NO. R16-101 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's group Medical Insurance for the plan year October 1, 2016 through September 30, 2017; PROPOSED RESOLUTION NO. R16-102 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2016 through September 30, 2017. EXPLANATION OF REQUEST: The option for this one year renewal for medical insurance and dental insurance was included in the 2014 RFP No. 048-1610-14/JMA for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance." Medical insurance renewal rates for the existing plan resulted in a 2.9% premium increase; however, Gehring Group, the City's Benefits Consultant, was able to negotiate a 0% premium increase and a slight reduction in the Per Employee Per Month (PEPM) Health Savings Account Administration fee from $4.95 to $4.50, which results in an overall reduction of 0.06%. Dental insurance renewal rates for the existing plan resulted in a 20% increase in premiums; however, Gehring Group, the City's Benefits Consultant, was able to negotiate the increase to 10% for Plan Year October 1, 2016 through September 1, 2017. Vision, Life, and Disability Insurance had rate guarantees through September 30, 2017, so no action is required on these plans. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? (1) Medical: Staff recommends renewing the current plan for medical insurance: A High Deductible Health Plan (HDHP), which qualifies for a Health Savings Account (HSA). The City may contribute (an amount to be determined) into each employee's Health Savings Account and may also offer employees the option to convert sick and/or vacation time (up to an amount to be determined) into their HSAaccounts. The City will continue to pay 100% of the premium for employee medical insurance. The monthly premiums for this plan are as follows for the time period October 1, 2016 through September 30, 2017 Category Monthly Monthly Unlimited Billing Premium Employee Cost Employee Only $ 668.45 $ - Employee & Spouse $ 1,299.21 $ 630.76 Employee & Child(ren) $ 1,206.26 $ 537.81 Family $ 1,491.76 $ 823.31 Two alternative renewal options were presented that would provide a decrease in the annual deductible amounts; however, these plans would result in an increase in premiums. Please see attachment (CIGNA Medical Renewal Evaluation) and the chart below which summarizes the current, recommended renewal plan and the two alternate plan options. CurrenVRenewal Alternative #1 Alternative #2 Lifetime Maximum Unlimited Unlimited Unlimited Deductible In Network Out of Network In Network Out of Network In Network Out of Network Single $2,500 $5,000 $2,000 $4,000 $1,500 $3,000 Family Aggregate $5,000 $10,000 $4,000 $8,000 $3,000 $6,000 Out of Pocket Maximum Includes Coins, Deductible, and CopaysIncludes Coins, Deductible, and Copays Includes Coins, Deductible, and Copays Single $5,000 $10,000 $5,000 $10,000 $5,000 $10,000 Family $10,000 $20,000 $10,000 $20,000 $10,000 $20,000 Coinsurance (EE Pays) Level of Coverage 0% 50% 0% 50% 0% 50% Physician Services Primary Care Office Visit PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Specialist Office Visit PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Preventive Services No Charge PYD + 50% No Charge PYD + 50% No Charge PYD + 50% Advanced Imaging PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Maternity Initial Visit PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Hospital Services Inpatient PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Outpatient PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Page 185 of 717 Emergency Room Facility PYD + 0% PYD + 0% PYD + 0% PYD + 0% PYD + 0% PYD + 0% Urgent Care PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Mental Health/ Sub. Dep. Gehring Group Renewal Recommendation Letter Addendum CIGNA Medical and Dental Renewal Leiter Addendum CIGNA Medical Renewal Evaluation Inpatient PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Outpatient PYD + 0% PYD + 50% PYD + 0% PYD + 50% PYD + 0% PYD + 50% Prescription Drug BeriefiE Ter 1/Generic $10 copay after PYD PYD + 50% $10 copay after PYD PYD + 50% $10 copay after PYD PYD + 50% Ter 2/Formulary $25 copay after PYD PYD + 50% $25 copay after PYD PYD + 50% $25 copay after PYD PYD + 50% Ter 3/Non-Formulary $50 copay after PYD PYD + 50% $50 copay after PYD PYD + 50% $50 copay after PYD PYD + 50% Mail Order (90 day supply) 2x Retail after CYD Not Covered 2x Retail after CYD Not Covered 2x Retail after CYD Not Covered Rates Includes x$4.50 PEPM H. &A. l=ee Includes $4.50 PEPM H.S.A. Fee Includes $4.50 PEPM H.S.A. Fee Employee 637 $668.45 $705.63 $753.44 Employee + Spouse 30 $1,299.21 $1,371.71 $1,464.93 Employee + Child(ren) 24 $1,206.26 $1,273.56 $1,360.09 Employee + Family 54 $1,491.76 $1,575.05 $1,682.13 Total Annual Cost $6,891,410.76 $7,275,069.00 $7,768,396.32 $ Increase /(Decrease) $3,933.60 $379,724.64 $873,051.96 % Increase/(Decrease) 0.06% 5.51% 12.66% (2) Dental: Staff recommends remaining with CIGNAfor our dental insurance and accepting the 10% premium increase. The monthly premiums for this plan are as follows for the time period October 1, 2016 through September 30, 2017: CURRENT RENEWAL Category Monthly Monthly Monthly Billing Premium Billing Premium Employee Cost Employee Only $ 30.30 $ 33.33 $_ - Family Family $ 84.75 $ 93.23 $ 59.90 FISCAL IMPACT: Budgeted The fiscal impact for FY 2016-2017 is as follows: (1) Medical — 0.06% ($3,933.60) reduction in premium over FY 2015-2016. (2) Dental — 10% ($53,244.48) increase in premium ($31,924.08 in employee premium + $21,320.40 in family premium) over FY 2015-2016. ALTERNATIVES: 1. Select one of the alternate medical plan options which will result in either a 5.51% ($379,724.64) or a 12.66% ($873,051.96) increase in premium cost City-wide for employee coverage. 2. Reject all plans, which will result in going out to bid and being re -rated by carriers on medical and dental insurance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution CIGNA Medical Resolution Resolution CIGNA Dental Resolution Agreement Provider Agreement Medical Coverage Agreement Provider Agreement Dental Addendum Gehring Group Renewal Recommendation Letter Addendum CIGNA Medical and Dental Renewal Leiter Addendum CIGNA Medical Renewal Evaluation Addendum CIGNA Dental Renewal Evaluation REVIEWERS Page 186 of 717 Department Reviewer Action Date Hurnan Resources Oldbury, Julie Approved 7122/2016- 11:28 AM Legal Swanson, Lynn Approved 8/1/2016 - 2:50 PM Finance Howard, Tim Approved 8/2/2016 - 2:00 PM Legal Swanson, Lynn Approved 8/8/2016 - 8:41 AM City Manager LaVernere, Lori Approved 8/9/2016 - 3:36 PM Page 187 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIGNA HEALTHCARE CORPORATION FOR GROUP HEALTH INSURANCE FROM OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE CITY MANAGER AND INTERIM CITY CLERK TO SIGN THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of City employees to approve a one (1) year Provider Agreement with CIGNA HealthCare for the medical insurance plan for a term commencing October 1, 2016 to September 30, 2017, for city employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an Agreement with CIGNA HealthCare for the medical insurance plan for City employees for a one year term commencing October 1, 2016 to September 30, 2017, a copy of which is attached hereto as Exhibit "A". Section 3. The City Manager and Interim City Clerk are authorized to sign the Provider Agreement with CIGNA HealthCare. -1- Page 188 of 717 1 Section 4. That this Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this day of , 2016. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello -2- VOTE YES NO Page 189 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R16-102 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIGNA HEALTHCARE CORPORATION FOR A FULLY INSURED DENTAL PLAN FOR CITY EMPLOYEES FROM OCTOBER 1, 2016 THROUGH SEPTEMBER 30,2017; AUTHORIZING THE CITY MANAGER AND INTERIM CITY CLERK TO SIGN THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the employees of the City of Boynton Beach to approve a one (1) year Provider Agreement with CIGNA HealthCare for the a fully insured dental plan for a term commencing October 1, 2016 to September 30, 2017, for city employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves an Agreement with CIGNA HealthCare for a fully insured dental plan for City employees for a one year term commencing October 1, 2016 to September 30, 2017, a copy of which is attached hereto as Exhibit "A". Section 3. The City Manager and Interim City Clerk are authorized to sign the Provider Agreement with CIGNA HealthCare. -1- Page 190 of 717 31 Section 4. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2016. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO -2- Page 191 of 717 PROVIDER AGREEMENT FOR "GROUP BENEFITS: MEDICAL COVERAGE CHOICE FUND HAS/OAP" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CIGNA Health and Life Insurance Company and Connecticut General Life Insurance Company, hereinafter referred to as "the Provider", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Provider is retained by the City to perform PROVIDER services in connection with the project designated. 2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. Also to incorporate information outlined in Letter of Intent dated July 20, 2016 included in Exhibit "A". No additional modifications other than those described in the attachment 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 Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement. 4. TERM: October 1, 2016 through September 30, 2017. 5. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: Monthly basis per eligible employee and dependent for medical coverage invoiced by Provider. 6. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider's own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 8. INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per PA -1 Page 192 of 717 occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 10. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12 ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. 13. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Provider. bAn the event of the death of a member, partner or officer of the Provider, or any of its supervisory personnel assigned to the project, the surviving members of the Provider hereby agree to complete the work under the terms of this Agreement, if requested to do PA -2 Page 193 of 717 so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Provider and the City, if the City so chooses. 15. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 ATTN: Patricia Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33323 ATTN: Dina D'Angelo 17. 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. Specifically, 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; 2. Provide the public with access to such 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, Florida Statute, 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 systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 14. PA -3 Page 194 of 717 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Provider. DATED this day of , 20 CITY OF BOYNTON BEACH Interim City Manager Attest/Authenticated: City Clerk Approved as to Form: Title Provider (Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 M. i Page 195 of 717 "EXHIBIT A" See attached Renewal Letter dated July 20, 2016 PA -5 Page 196 of 717 PROVIDER AGREEMENT FOR GROUP BENEFITS: FULLY INSURED DENTAL PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CIGNA HealthCare , hereinafter referred to as "the Provider", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Provider is retained by the City to provide a FULLY INSURED DENTAL PLAN for the City of Boynton Beach. 2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. Including information contained in Letter of Intent dated July 20, 2016. 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 Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement for the period beginning October 1, 2016 thru September 30, 2017, unless an extension of such time is granted in writing by the City. 4. TERM: This Agreement shall be for a period of one (1) year commencing on October 1, 2016 thru September 30, 2017. This AGREEMENT allows for two (2) additional one (1) year extensions at the same terms, conditions, and agreeable prices subject to the Company acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. 5. PAYMENT. The Provider shall be paid by the City for services rendered under this agreement as follows: a. The monthly premium based on number of enrollees for the City's FULLY INSURED DENTAL PLAN , as referred to herein, for services provided under this agreement for the entire term of the Agreement b. The Provider'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. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Provider 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 Provider shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Provider's endeavors. 7. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. CA -1 Page 197 of 717 8. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider's own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 9. INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. 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 Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bona -fide employee working solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona -fide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA -2 Page 198 of 717 14. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Provider. 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 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 ATTN: Pat Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33323 ATTN: Dina D'Angelo 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. Specifically, 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; 2. Provide the public with access to such 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, Florida Statute, 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 systems of the agency. CA -3 Page 199 of 717 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 15. 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Provider. DATED this day of CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney CA -4 Provider Title 20 (Corporate Seal) Attest/Authenticated: Secretary Page 200 of 717 EXHIBIT "A" Scope of Services See attached Renewal Letter dated July 20, 2016 CA -5 Page 201 of 717 GEHRING AGROUP IINSURANCE B R 0 K E R SAA & CONSULTANTS July 20, 2016 Julie Oldbury, Director of Human Resources and Risk Management City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Julie, There are several key indicators that medical carriers use when developing a renewal. These include claims experience, large claims, medical trend, and Affordable Care Act (PPACA) fees. Throughout the year, Gehring Group monitors the City's claims data in preparation of the renewal that is received the beginning of May. The following information was analyzed in Cigna's medical renewal offer. • Claims Experience — Carriers typically analyze the most recent 12 months of claims in their renewal projection. For the period April 2015 through March 2016, the City paid $7,579,237 in premium and the City's plan paid $6,436,972 in claims (medical, pharmacy, and capitation). The ratio of premium to claims, also known as a loss ratio, for the City during this time period was 85%. • Medical Trend — Medical trend (or "trend") is the projected increase in cost and utilization of health care services provided to members. Cigna is utilizing trend of 9.9% for the City's area. • Large (Catastrophic) Claims - When analyzing the most recent 12 month of claims, standard renewal underwriting takes into attention claims incurred by members that are considered catastrophic (in excess of $150,000). In the City's case, there were five members who incurred claims in excess of $1,340,000. Consideration is given to the severity and probability that claimants will have ongoing high utilization. • Healthcare Reform Fees: Due to the Patient Protection and Affordable Care Act (PPACA), there are several fees that are included in the premium for fully insured plans. These fees include: o Patient Centered Outcomes Research Institute: fee to fund an institute that will conduct research to evaluate and compared evidence- based outcomes. This fee is estimated to cost the City $2.17 per member (bellybutton) per year. o Health Insurance Industry Fee: fee on the insurance industry to assist the government in subsidizing coverage for lower income families and individuals. This fee is estimated to cost the City 3.5% of total annual premium for the remaining months in 2016 only (October through December). o Transitional Reinsurance Program: program that is intended to stabilize premiums in the individual market from 2014-2016. This fee is estimated to cost the City $2.25 per member per month for the remaining months in 2016. 11505 FAIRCHILD GARDENS AVENUE ■ SUITE 202 ■ PALM BEACH GARDENS, FL 33410 PHONE 561.626.6797 ■ Fax 561.626.6970 ■ TOLL-FREE 800.244.3696 ■www.gehringgroup.com Page 202 of 717 GEHRING AGROUP IINSURANCE B R 0 K E R SAA & CONSULTANTS At each renewal, Gehring Group prepares a renewal projection to justify the accuracy of the carriers offer using standard underwriting calculations. After considering the information gathered, Gehring Group estimated that a 3% - 4% increase in premium was sufficient to cover claims and administration for the 2016 plan year. The initial renewal provided by Cigna called for a 2.9% increase with no change in benefits. Through negotiations, Gehring Group was successful in securing a no increase in premium rates with a slight reduction in the Health Savings Account administration fee. Similar to medical, there are also several factors that carriers analyze to calculate the City's dental renewal. In the time period, May 2015 through April 2016 the City's claims to premium ratio (loss ratio) was 104%. Assuming a desired loss ratio of 90% and annual dental trend at 6%, the premium needed for the 2016 plan year is estimated at a 20% increase in premium. Cigna's initial renewal came in at expected (20%), however Gehring Group was successful in negotiating this down to a 10% increase with no plan changes. Based on Gehring Group's projected premium needed for both the medical and dental plans compared to the negotiated renewals, Gehring Group is recommending that the City renew with Cigna at a 0% increase in premium for medical and a 10% increase in premium for dental. Respectfully, Dwtin Kuehn Dustin Kuehn Benefit Consultant 11505 FAIRCHILD GARDENS AVENUE ■ SUITE 202 ■ PALM BEACH GARDENS, FL 33410 PHONE 561.626.6797 ■ Fax 561.626.6970 ■ TOLL-FREE 800.244.3696 ■www.gehringgroup.com Page 203 of 717 Dina D'Angelo Senior Client Manager July 20, 2016 (P,p Ceigna,c 1571 Sawgrass Corporate Parkway Suite 300 Julie Oldbury, Director of Human Resources and Risk Management Sunrise, FL 33323Telephone 954-790 8152 City of Boynton Beach Dina.Dangelo@Cigna.com 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Julie: Cigna is pleased to offer the following renewal package to the City of Boynton Beach effective 10/1/2016 thru 9/30/2017. Medical Benefits: Choice Fund HSA/OAP $2500/$5000 deductible,100% coinsurance with $5,000/$10,000 out of pocket maximum. HSA administrative expense $4.50 pepm (per employee per month) Employee $ 663.95 Two Party $1,294.71 Parent-Child(ren) $1,201.76 Family $1,487.26 Dental DPPO Benefits: Employee $33.33 Family $93.23 This renewal offer includes a wellness fund of $40,000 and services provided by Bentek at $30,000. Please acknowledge your acceptance of the renewal rates by signing below and returning to our office. Respectfully, Diina D Angelo Dina D'Angelo Senior Client Manager Signature Print Name Date "Cigna" is a registered service mark, and ," the "Tree of Life" logo is a service mark, of Cigna Intellectual Property, Inc., licensed for use by Cigna Corporation and its operating subsidiaries. All products and services are provided exclusively by such operating subsidiaries and not by Cigna Corporation. 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BIDS AND PURCHASES OVER $100,000 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT' Bid # 053-1412-16/MFD to the following five (5) companies: Palm Truck, Nextran, McNeilus Truck, Pat's Pump and Southern Sewer on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $100,000. This bid allows for two (2) additional one (1) year extensions. EXPLANATION OF REQUEST: On June 28, 2016, Procurement Services opened and tabulated five (5) bids for Service/Parts for Large Trucks. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award by a lot to lot basis to the five (5) companies. The award is based on percentage discount, service cost per hour and OEM dealer. The award is as follows on the next pages: LOT # 1 Peterbilt Awarded to Palm Truck Centers OEM Part Discount 20% Road Call Service $129.00 Service Cost per Hour $99.00 LOT # 2 Freightliner NO BID (Submitted stand-alone bid for Freightliner. 060-1412-16/MFD) LOT # 3 Mack Awarded to Nextran Truck Center OEM Part Discount 0% Road Call Service NO BID Service Cost per Hour $123.00 LOT # 4 International NO BID (No bid acceptable LOT # 5 Sterling NO BID (No bid acceptable LOT # 6 Case NO BID (No bid acceptable LOT # 7 We will go out for quotes. FY 15/16 expenditures to date are $9,943.74) We will go out for quotes. FY 15/16 expenditures to date are $2,823.19) We will go out for quotes. FY 15/16 expenditures to date are $3,681.40) Page 207 of 717 Heil Awarded to McNeilus Truck OEM Part Discount 10% Road Call Service $120.00 Service Cost per Hour $85.00 LOT # 8 Aquatech Awarded to Pat's Pump OEM Part Discount 10% Road Call Service $95.00 Service Cost per Hour $85.00 LOT # 9 Caterpillar Awarded to Palm Truck Centers OEM Part Discount 5% Road Call Service $129.00 Service Cost per Hour $96.00 LOT # 10 Vaccon Awarded to Pat's Pump (Primary) OEM Part Discount 5% Road Call Service $95.00 Service Cost per Hour $85.00 Awarded to Southern Sewer (Secondary) OEM Part Discount 0% Road Call Service $115.00 Service Cost per Hour $105.00 LOT # 11 Allison Transmission NO BID (No bid acceptable. We wanted a vendor who specialized in these transmissions. The awarded vendors on this bid are able to repair these transmissions.) The bid will be for the period of 9/4/2016 to 9/3/2017 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of service/parts for large trucks and heavy duty equipment. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked within the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $100,000. FY 14/15 expenditures were $94.130.91. FY 15/16 expenditures to date are $81,896.20. ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: Page 208 of 717 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet D Addendum Award Letter REVIEWERS: Department Reviewer Action Date Finance Alibrandi, Julie Rejected 7/28/2016 - 9:53 AM Finance Dauta, Mike Approved 7/28/2016 - 11:48 AM Finance Howard, Tim Approved 8/1/2016 - 2:29 PPA Legal Swanson, Lynn Approved 8/8/2016 - 8:39 AM Finance Howard, Tim Approved 8/8/2016 - 8:47 AM City Manager LaVerriere, Lori Approved 8/11/2016 - 2:38 PPA Page 209 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT BID # 053-1412-16/MFD McNeilus Truck 1700 NW 33rd Street Pompano Beach, FL. 33064 Contact: Tyler Lermon Phone: (954) 366-4769 / Fax (954) 933-1839 Email: sinman(&mcneilusco.com LOT # 1 Peterbilt ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO BILA Page 210 of 717 LOT#2 Freightliner ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 211 of 717 LOT # 3 Mack ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 212 of 717 LOT#4 International ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 213 of 717 LOT#5 Sterling ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 214 of 717 LOT # 6 Case ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 215 of 717 LOT#7 Heil ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED 10% ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE $120.00 ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR $85.00 ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE $223.45 DISCOUNT % FINAL ITEM PRICE 10% $201.11 ITEM 5 PRICE FROM ITEM 3 $85.00 PRICE FROM ITEM 4 $201.11 TOTAL '}„186.11 Page 216 of 717 LOT # 8 Aquatech ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 217 of 717 LOT # 9 Caterpillar ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 218 of 717 LOT # 10 Vac -con ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 219 of 717 LOT#11 Allison Transmission ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR NO BID ITEM 4 DESCRIPTION CURRENT PRICE Roller Assembly NO BID 062-0640 DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID TOTAL NO DILA Page 220 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS MCNeilus Truck 1700 NW 33rd Street Pompano Beach, FL. 33064 Contact: Tyler Lermon Phone: (954) 366-4769 / Fax (954) 933-1839 Email: sinman@mcneilusco.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA Page 221 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MI HEAVY DUTY VEHICLES AND EQUIPMENT BID # 053-1412-16/MFD Page 222 of 717 Nextran Truck Center 7151 Industrial Dr. S Riviera Beach, FL. 33404 Contact: Jody B Keene Phone: (561) 842-6225 / Fax (561) 881-5731 Email: l eene nextrancorp.cc LOT # 1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OF[ 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT H 2 ROAD CALL SERVICE HOUR ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR ITEM DESCRIPTION CURRENT PRICE DISCOUNT% 4 Roller Assembly NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 5 NO BIDNO BID Page 222 of 717 LOT # 2 Freightliner ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 223 of 717 LOT # 3 Mack ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NOT COMPLETED ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR H ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE $104.69 DISCOUNT% 4% ITEM 5 PRICE FROM ITEM 3 $123.00 PRICE FROM ITEM 4 $79.90 Page 224 of 717 LOT # 4 International ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 225 of 717 LOT # 5 Sterling ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 226 of 717 LOT # 6 Case ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 227 of 717 LOT # 7 Heil ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 228 of 717 LOT # 8 Aquatech ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 229 of 717 LOT # 9 Caterpillar ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 230 of 717 LOT # 10 Vac -con ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT% NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 231 of 717 LOT #11 Allison Transmission ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OF[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION CURRENT PRICE DISCOUNT% Roller Assembly NO BID NO BID 062-0640 ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BID Page 232 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS 715 Riviera Cont Phone: (561) 84 NOT A MINO Page 233 of 717 =DIUM/LARGE AND IOURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 234 of 717 =ERED IOURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 235 of 717 =ERED IOURLY RATE Nib $123.00 FINAL ITEM PRICE $79.90 TOTAL $202.90 Page 236 of 717 Page 237 of 717 Page 238 of 717 IOURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BICC Page 239 of 717 IOURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BICC Page 240 of 717 =ERED IOURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 241 of 717 Page 242 of 717 =ERED IOURLY RATE INS11,31 INS11,31 Page 243 of 717 =ERED NO BID NO BID' FINAL ITEM PRICE NO BID TOTAL NO BID Page 244 of 717 1 Industrial Dr. S a Beach, FL. 33404 act: Jody B Keene 2-6225 / Fax (561) 881-5731 YES RITY OWNED BUSINESS YES Page 245 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LP HEAVY DUTY VEHICLES AND EQUIPMENT BID # 053-1412-16/MFD Page 246 of 717 Palm Truck Centers 2441 S. St Rd 7 Ft Lauderdale, FI. 33317 Contact: Frank Helfrich Phone: (954) 584-3200 / Fax (954) 584-5367 Email: fheirich@,�mtruck.com LOT # 1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFEREE 1 OEM PARTS 20% ITEM DESCRIPTION UNIT HOUF 2 ROAD CALL SERVICE HOUR $1 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $! ITEM DESCRIPTION CURRENT PRICE DISCOUNT % 4 Roller Assembly $215.17 20% 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 T( 5 $99.00 $860.52 $9 Page 246 of 717 LOT #2 Freightliner ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 247 of 717 LOT # 3 Mack ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 248 of 717 LOT # 4 International ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 249 of 717 LOT # 5 Sterling ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 250 of 717 LOT # 6 Case ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 251 of 717 LOT # 7 Heil ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 252 of 717 LOT # 8 Aquatech ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 253 of 717 LOT # 9 Caterpillar ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ 5% ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF $1 ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR $ ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO PARTS AVAILABLE DISCOUNT % ITEM 5 PRICE FROM ITEM 3 $96.00 PRICE FROM ITEM 4 NO PARTS T, INCL° Page 254 of 717 LOT # 10 Vac -con ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BID DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 255 of 717 LOT #11 Allison Transmission ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERE[ NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUF Ni ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR Ni ITEM 4 DESCRIPTION CURRENT PRICE Roller Assembly NO BID 062-0640 DISCOUNT % NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID T, N - Page 256 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS 2441 Ft Lauderc Contact: F Phone: (954) 584-32 NOT A MINORITY Page 257 of 717 kRGE AND f5worl, 99.00 FINAL ITEM PRICE $860.52 OTAL 159,52 Page 258 of 717 0 " I Alit, 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 259 of 717 0 " I Alit, 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 260 of 717 ZLY RATE 0 BID 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 261 of 717 ZLY RATE 0 BID 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 262 of 717 Page 263 of 717 ZLY RATE 0 BID 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 264 of 717 ZLY RATE 0 BID 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 265 of 717 Page 266 of 717 ZLY RATE 0 BID 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 267 of 717 ZLY RATE 0 BID 0 BID FINAL ITEM PRICE NO BID OTAL 0 BID Page 268 of 717 S. St Rd 7 sale, FI. 33317 =rank Helfrich 00 / Fax (954) 584-5367 'OWNED BUSINESS Page 269 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR ME[ HEAVY DUTY VEHICLES AND EQUIPMENT BID # 053-1412-16/MFD Page 270 of 717 Pat's Pump & Blower 2141 West Church St. Orlando, FL. 32805 Contact: Kevin Fender Phone: (407) 841-7867 / Fax (407) 648-2096 Email: pats pu mp@aol.com LOT # 1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFEF 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOUI 2 ROAD CALL SERVICE HOUR ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR N ITEM DESCRIPTION CURRENT PRICE DISCOUNT % 4 Roller Assembly NO BIDNO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 7 5 NO BIDNO BIDN Page 270 of 717 LOT # 2 Freightliner ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BIDNO DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 271 of 717 LOT # 3 Mack ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BIDNO DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 272 of 717 LOT # 4 International ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BIDNO DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 273 of 717 LOT # 5 Sterling ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BIDNO DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 274 of 717 LOT # 6 Case ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BIDNO DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 275 of 717 LOT # 7 Heil ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BIDNO DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 276 of 717 LOT # 8 Aquatech ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF 10% ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUI HOUR S ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR S ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % $409.80 10% ITEM 5 PRICE FROM ITEM 3 $85.00 PRICE FROM ITEM 4 1 $368.82 $ Page 277 of 717 LOT # 9 Caterpillar ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE NO BIDNO DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 278 of 717 LOT # 10 Vac -con ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF % ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUI HOUR $ ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR S ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % $47.70 % ITEM 5 PRICE FROM ITEM 3 $85.00 PRICE FROM ITEM 4 1 $45.32 $ Page 279 of 717 LOT #11 Allison Transmission ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFEF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT HOUR HOUI n ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR n ITEM 4 DESCRIPTION CURRENT PRICE Roller Assembly NO BIDNO 062-0640 DISCOUNT % BID ITEM 5 PRICE FROM ITEM 3 NO BIDNO PRICE FROM ITEM 4 BIDL 1 Page 280 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS 2141 We Orland( Contact: Phone: (407) 841-7E NOT A MINORIT Page 281 of 717 DIUM/LARGE AND RLY RATE 10 BID FINAL ITEM PRICE NO BID -OTAL IO BID Page 282 of 717 RED RLY RATE 10 BID 10 BID FINAL ITEM PRICE NO BID -OTAL IO BID Page 283 of 717 RED RLY RATE 10 BID 10 BID FINAL ITEM PRICE NO BID -OTAL IO BID Page 284 of 717 RED •r; 10 BID FINAL ITEM PRICE NO BID -OTAL IO BID Page 285 of 717 Page 286 of 717 RED RLY RATE 10 BID 10 BID FINAL ITEM PRICE NO BID -OTAL IO BID Page 287 of 717 Page 288 of 717 RED -nifirl, ;85.00 FINAL ITEM PRICE $368.82 -OTAL 453.82 Page 289 of 717 RED •r; 10 BID FINAL ITEM PRICE NO BID -OTAL IO BID Page 290 of 717 Page 291 of 717 Page 292 of 717 amp & blower est Church St. o, FL. 32805 Kevin Fender 967 / Fax (407) 648-2096 YES Y OWNED BUSINESS YES Page 293 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR N HEAVY DUTY VEHICLES AND EQUIPMENT BID # 053-1412-16/MFD Page 294 of 717 Southern Sewer Equipment Sales 3409 Industrial 27th Street Fort Pierce, FL. 34946 Contact: Mike Wood Phone: 800 782-4134 / Fax (772) 595-9171 Email: info lout ernsewer.cor LOT # 1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFF 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT H 2 ROAD CALL SERVICE HOUR ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR ITEM DESCRIPTION CURRENT PRICE DISCOUNT % 4 Roller Assembly NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 5 NO BID NO BID Page 294 of 717 LOT # 2 Freightliner ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 295 of 717 LOT # 3 Mack ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 296 of 717 LOT # 4 International ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 297 of 717 LOT # 5 Sterling ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 298 of 717 LOT # 6 Case ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 299 of 717 LOT # 7 Heil ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 300 of 717 LOT # 8 Aquatech ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 301 of 717 LOT # 9 Caterpillar ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 302 of 717 LOT # 10 Vac -con ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF 0% ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION Roller Assembly 062-0640 CURRENT PRICE DISCOUNT % $50.08 0% ITEM 5 PRICE FROM ITEM 3 $105.00 PRICE FROM ITEM 4 $50.08 Page 303 of 717 LOT #11 Allison Transmission ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFF NO BID ITEM 2 DESCRIPTION ROAD CALL SERVICE UNIT H HOUR ITEM 3 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 4 DESCRIPTION CURRENT PRICE DISCOUNT % Roller Assembly NO BID NO BID 062-0640 ITEM 5 PRICE FROM ITEM 3 NO BID PRICE FROM ITEM 4 NO BID Page 304 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS 3409 Ir Fort I Con Phone: 800 782 WOMEN Page 305 of 717 1EDIUM/LARGE AND Page 306 of 717 ERED NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 307 of 717 :ERED BURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 308 of 717 ERED OURLY RATE Page 309 of 717 :ERED BURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 310 of 717 :ERED BURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 311 of 717 BURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BICC Page 312 of 717 :ERED BURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 313 of 717 :ERED BURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 314 of 717 :ERED OURLY RATE $115.00 $105.00 FINAL ITEM PRICE $50.08 TOTAL $155.08 Page 315 of 717 :ERED BURLY RATE NO BID NO BID FINAL ITEM PRICE NO BID TOTAL NO BID Page 316 of 717 Dewer equipment aaies idustrial 27th Street Pierce, FL. 34946 itact: Mike Wood t-4134 / Fax (772) 595-9171 YES OWNED BUSINESS YES Page 317 of 717 The City of Boynton Beach Finance Department WAREHOUSE DIVISION 9 TO: Tim Howard, Assistant City Manager Administrative Services FROM: Michael Dauta, Warehouse Manager DATE: July 26, 2016 SUBJECT: Large Truck Bid # 053-1412-16/MFD I reviewed the tabulation sheet. My recommendation is to award a vendor on a lot by lot basis. Lot #10 has a primary and secondary vendor. The evaluating factors used were A) Percentage off discount B) Service cost Q OEM Dealer. FY 15/16 expenditures to date are $81,896.20. FY 14/15 expenditures were $94,130.91. This year's expenditures will be an estimated $100,000. Page 318 of 717 LOT # 1 Peterbilt Awarded to Palm Truck Centers OEM Part Discount 20% Road Call Service $129.00 Service Cost per Hour $99.00 LOT #9 Freightliner NO BID T ,()T # I Mack Awarded to Nextran Truck Center OEM Part Discount 0% Road Call Service NO BID Service Cost per Hour $123.00 LOT #4 International NO BID LOT #5 Sterling NO BID LOT #6 Case NO BID LOT #7 Heil Awarded to McNeilus Truck OEM Part Discount 10% Road Call Service $120.00 Service Cost per Hour $85.00 Page 319 of 717 LOT #8 Aquatech Awarded to Pat's Pump OEM Part Discount 10% Road Call Service $95.00 Service Cost per Hour $85.00 LC)T#A Caterpillar Awarded to Palm Truck Centers OEM Part Discount 5% Road Call Service $129.00 Service Cost per Hour $96.00 LOT # 10 Vaccon Awarded to Pat's Pump (Primary) OEM Part Discount 5% Road Call Service $95.00 Service Cost per Hour $85.00 Awarded to Southern Sewer (Secondary) OEM Part Discount 0% Road Call Service $115.00 Service Cost per Hour $105.00 LOT # 11 Allison Transmission NO BID Page 320 of 717 7.C. BIDS AND PURCHASES OVER $100,000 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT' Bid # 054-1412-16/MFD to the following four (4) company: Steve Moore Chevrolet, AI Packer Ford, Delray Motors and Wallace Ford on a lot by lot basis, to the lowest, most responsive, responsible bidder who met all specifications with an estimated annual amount of $155,000. This bid allows for two (2) additional one (1) year extensions. EXPLANATION OF REQUEST: On June 28, 2016 Procurement Services opened and tabulated four (4) bids for Service/Parts for Small Trucks. All bid was reviewed by the Warehouse Manager. It was determined to recommend this award by a lot to lot basis to the four (4) vendors. The award is based on percentage discount, service cost per hour and OEM dealer. The award is as follows on the next page: LOT # 1 Chevrolet Awarded to Steve Moore Chevrolet Delray OEM Part Discount 35% Service Cost per Hour $95.00 LOT # 2 Ford Awarded to Al Packer / Delray Motors / Wallace Ford Al Packer (Primary) OEM Part Discount 36% Service Cost per Hour $70.00 Delray Motors (Secondary) OEM Part Discount 35% Service Cost per Hour $79.00 Wallace Ford (Third) OEM Part Discount 34% Service Cost per Hour $95.00 LOT # 3 Dodge Awarded to Delray Motors OEM Part Discount 35% Service Cost per Hour $79.00 LOT # 4 Toro Page 321 of 717 NO BID (No bid acceptable. We will go out for quotes. FY 15/16 expenditures to date are $1,935.38.) The bid will be for the period of 9/4/2016 to 9/3/2017 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of service/parts for small trucks and light duty equipment. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked within the City's Warehouse. FISCAL IMPACT: Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $155,000. FY 14/15 expenditures were $152,754.36. FY 15/16 expenditures to date are $91,035.00. ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Addendum Tabulation Sheet Addendum Award Letter REVIEWERS: Department Reviewer Action Finance Alibrandi, Julie Rejected Finance Dauta, Mike Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 7/28/2016 - 9:53 AIV 7/28/2016 - 12:23 FOIA 8/1/2016 - 2:31 FOIA 8/8/2016 - 8:42 AIV 8/8/2016 - 8:47 AIV 8/11/2016 - 2:38 FOIA Page 322 of 717 Page 323 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT BID # 054-1412-16/MFD Al Packer Inc. 1530 N. Military Trail West Palm Beach, FL. 33409 Contact: Millie Perez Phone: (561) 689-6550 / Fax (561) 640-3853 Email: Perez _alpac erfor .car LOT # 1 Chevrolet ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Motor Mount 10448575 CURRENT PRICE NO BIDNO DISCOUNT % FINAL ITEM PRICE BIDNO BID ITEM 4 HOURLY RATE NO BID FINAL ITEM PRICE FROM ITEM 3 NO BIDNO TOTAL COST (Addition of items 1 & 2) BID Page 324 of 717 LOT # 2 Ford ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED 36% ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE $70.00 ITEM 3 DESCRIPTION ABS Module 5W7Z2C219AB CURRENT PRICE $937.57 DISCOUNT % FINAL ITEM PRICE 36% $600.04 ITEM 4 HOURLY RATE $70.00 FINAL ITEM PRICE FROM ITEM 3 $600.04 TOTAL COST 670.04 Page 325 of 717 LOT # 3 Dodge ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Rack and Pinion 4782341 AM CURRENT PRICE NO BIDNO DISCOUNT % FINAL ITEM PRICE BIDNO BID ITEM 4 HOURLY RATE NO BID FINAL ITEM PRICE FROM ITEM 3 NO BIDNO TOTAL COST BID Page 326 of 717 LOT # 4Toro ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Rotary Blades 110-0622-03 CURRENT PRICE NO BIDNO DISCOUNT % FINAL ITEM PRICE BIDNO BID ITEM 4 HOURLY RATE NO BID FINAL ITEM PRICE FROM ITEM 3 NO BIDNO TOTAL COST BID Page 327 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Al Packer Inc. 1530 N. Military Trail West Palm Beach, FL. 33409 Contact: Millie Perez Phone: (561) 689-6550 / Fax (561) 640-3853 Email: mDerez0aiDackerford.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA The proposal A sheet was not signed Page 328 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT BID # 054-1412-16/MFD Wallace Ford DBA Autonation Ford Delray 1311 Linton Blvd Delray Beach, FL. 33444 Contact: Jack Kelly Phone: (561) 454-1471 / Fax (561) 265-1077 Email: kelp autonation.co LOT # 1 Chevrolet ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Motor Mount 10448575 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 4 HOURLY RATE NO BIDNO FINAL ITEM PRICE FROM ITEM 3 BIDNO TOTAL COST (Addition of items 1 & 2) BID Page 329 of 717 LOT # 2 Ford ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED 34% ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE $95.00 ITEM 3 DESCRIPTION ABS Module 5W7Z2C219AB CURRENT PRICE $937.57 DISCOUNT % FINAL ITEM PRICE 34% $318.80 ITEM 4 HOURLY RATE $95.00 FINAL ITEM PRICE FROM ITEM 3 $616.60 TOTAL COST 713.80 Page 330 of 717 LOT # 3 Dodge ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Rack and Pinion 4782341 AM CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 4 HOURLY RATE NO BIDNO FINAL ITEM PRICE FROM ITEM 3 BIDNO TOTAL COST BID Page 331 of 717 LOT # 4 Toro ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Rotary Blades 110-0622-03 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BID NO BID ITEM 4 HOURLY RATE NO BIDNO FINAL ITEM PRICE FROM ITEM 3 BIDNO TOTAL COST BID Page 332 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Wallace Ford DBA Autonation Ford Delray 1311 Linton Blvd Delray Beach, FL. 33444 Contact: Jack Kelly Phone: (561) 454-1471 / Fax (561) 265-1077 Email: kellj@_autonation.com YES NOT CHECKED YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA Page 333 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOI VEHICLES AND EQUIPMENT BID # 054-1412-16/MFD Page 334 of 717 Steve Moore Chevrolet Delray DBA Autonation Chevrolet 1111 Linton Blvd Delray Beach, FL. 33444 Contact: Jack Kelly Phone: (561) 265-6857 / Fax (561) 454-1471 Email: keIIy1 autonatlon.eo LOT # 1 Chevrolet ITEM DESCRIPTION PERCENTAGE DISCOUNT C 1 OEM PARTS 35% ITEM DESCRIPTION UNIT 2 HOURLY RATE FOR SERVICE HOUR ITEM DESCRIPTION CURRENT PRICE DISCOUNT % 3 Motor Mount $119.45 36% 10448575 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL Cc 4 $95.00 $77.64 Page 334 of 717 LOT # 2 Ford ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT C NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 3 DESCRIPTION ABS Module 5W7Z2C219AB CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 4 HOURLY RATE NO BIDI FINAL ITEM PRICE FROM ITEM 3 Page 335 of 717 LOT # 3 Dodge ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT C NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 3 DESCRIPTION Rack and Pinion 4782341AM CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 4 HOURLY RATE NO BIDI FINAL ITEM PRICE FROM ITEM 3 Page 336 of 717 LOT # 4 Toro ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT C NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR ITEM 3 DESCRIPTION Rotary Blades 110-0622-03 CURRENT PRICE DISCOUNT % NO BID NO BID ITEM 4 HOURLY RATE NO BIDI FINAL ITEM PRICE FROM ITEM 3 Page 337 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS oore De Phone: (561) Email: NOT A MII Page 338 of 717 R SMALL AND LIGHT DUTY Page 339 of 717 )FFERED HOURLY RATE NO I FINAL ITEM PRICE NO BID TOTAL COST NO BID Page 340 of 717 )FFERED HOURLY RATE NO BID FINAL ITEM PRICE NO BID TOTAL COST NO BID Page 341 of 717 )FFERED HOURLY RATE NO I FINAL ITEM PRICE NO BID TOTAL COST NO BID Page 342 of 717 1111Linton Blvd |rayoeooh. FL. 33444 Contact: Jack Kelly /zn5-nu5//Fax (561) 454-1471 NOT CHECKED YES YES YES YES mORITYOWNED BUSINESS Page 343 of 717 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT BID # 054-1412-16/MFD Schumacher Automotive Delray DBA Delray Motors 2102 S Federal Hwy Delray Beach, FL. 33483 Contact: Brian Thomas Phone: (561) 454-1917 / Fax (561) 454-1916 Email:bthornas(&deIraVrnotors.corn LOT # 1 Chevrolet ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Motor Mount 10448575 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BIDNO BID ITEM 4 HOURLY RATE NO BID FINAL ITEM PRICE FROM ITEM 3 NO BID TOTAL COST (Addition of items 1 & 2) NO BID Page 344 of 717 LOT # 2 Ford ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED 35% ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE $79.00 ITEM 3 DESCRIPTION ABS Module 5W7Z2C219AB CURRENT PRICE $937.57 DISCOUNT % 35% FINAL ITEM PRICE $609.42 ITEM 4 HOURLY RATE $79.00 FINAL ITEM PRICE FROM ITEM 3 $609.42 TOTAL COST $688.42 Page 345 of 717 LOT # 3 Dodge ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED 35% ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE $79.00 ITEM 3 DESCRIPTION Rack and Pinion 4782341 AM CURRENT PRICE $719.00 DISCOUNT % 35% FINAL ITEM PRICE $467.35 ITEM 4 HOURLY RATE $79.00 FINAL ITEM PRICE FROM ITEM 3 $467.35 TOTAL COST $546.35 Page 346 of 717 LOT # 4Toro ITEM 1 DESCRIPTION OEM PARTS PERCENTAGE DISCOUNT OFFERED NO BID ITEM 2 DESCRIPTION HOURLY RATE FOR SERVICE UNIT HOUR HOURLY RATE NO BID ITEM 3 DESCRIPTION Rotary Blades 110-0622-03 CURRENT PRICE NO BID DISCOUNT % FINAL ITEM PRICE NO BIDNO BID ITEM 4 HOURLY RATE NO BID FINAL ITEM PRICE FROM ITEM 3 NO BID TOTAL COST NO BID Page 347 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Schumacher Automotive Delray DBA Delray Motors 2102 S Federal Hwy Delray Beach, FL. 33483 Contact: Brian Thomas Phone: (561) 454-1917 / Fax (561) 454-1916 Email:btlhornasp_delraymotors.corn YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES NA Page 348 of 717 The City of Boynton Beach Finance Department WAREHOUSE DIVISION 9 TO: Tim Howard, Assistant City Manager Administrative Services FROM: Michael Dauta, Warehouse Manager DATE: July 26, 2016 SUBJECT: Small Truck Bid # 054-1412-16/MFD I reviewed the tabulation sheet. My recommendation is to award a vendor on a lot by lot basis. Lot #2 has a primary, secondary and third vendor. The evaluating factors used were A) Percentage off discount B) Service cost Q OEM Dealer. FY 14/15 expenditures were $152,754.36. FY 15/16 expenditures to date are $91,035. This year's expenditures will be an estimated $155,000. Page 349 of 717 LOT # 1 Chevrolet Awarded to Steve Moore Chevrolet Delray OEM Part Discount 35% Service Cost per Hour $95.00 T .(1T ii Ford Awarded to Al Packer / Delray Motors / Wallace Ford Al Packer (Primary) OEM Part Discount 36% Service Cost per Hour $70.00 Delray Motors (Secondary) OEM Part Discount 35% Service Cost per Hour $79.00 Wallace Ford (Third) OEM Part Discount 34% Service Cost per Hour $95.00 LOT # 3 Dodge Awarded to Delray Motors OEM Part Discount 35% Service Cost per Hour $79.00 LOT #4 Toro NO BID (No bid acceptable. We will go out for quotes. FY 15/16 expenditures to date are $1,935.38.) Page 350 of 717 7.D. BIDS AND PURCHASES OVER $100,000 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" Bid # 052-1412-16/MFD to the following five (5) companies: Vehicle Maintenance Program, Bennett Auto Supply, The Parts House, Eagle Auto Parts and Cold Air Distributors on a primary, two (2) secondary, and two (2) third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $125,000. This bid allows for two (2) additional one (1) year edensions. EXPLANATION OF REQUEST: On June 28, 2016 Procurement Services opened and tabulated five (5) bids for Aftermarket Parts, Accessories and Supplies. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award by a primary, two (2) secondary, and two (2) third basis to five (5) companies. The award is based on the final item price and percentage discount. The award is as follows on the ne)d page: Primary Vehicle Maintenance Program Discount 60% Final Item Price $29.05 Secondary The Parts House Discount 0% Final Item Price $43.86 Bennett Auto Parts Discount 55% Final Item Price $47.29 Third Eagle Auto Discount 25% Final Item Price $50.69 (The original item price was $39.20. See notes for details) Cold Air Discount 33% Final Item Price $52.09 (The original item price was $39.57. See notes for details) Notes Secondary Vendors Page 351 of 717 The Parts House and Bennett Auto were selected as secondary vendors. The Parts House has the second lowest final item price. However, they do not offer a discount. Because of this, Bennett Auto, which has the third lowest final item price and offers a discount of 55%, was selected as a secondary vendor to compare pricing with The Parts House. When ordering parts, we will call both vendors for pricing and go with the lowest. The Parts House did not state a percentage off. The section was left blank. The current price and final item price were the same. Therefore the discount is 0%. Eagle Auto stated their discount to be 25% in Item 1. In Item 2, various discounts were applied to total the final item price at $39.20. Item 1 is to be applied to Item 2, one discount % allowed, not multiple. When applying the discount (25%) to the current prices the amount totaled $50.69. Cold Air stated their discount to be 33% in Item 1. In Item 2, various discounts were applied to total the final item price at $39.57. Item 1 is to be applied to Item 2, one discount % allowed, not multiple. When applying the discount (33%) to the current prices the amount totaled $52.09. Recommendation VMP as the primary vendor. Bennett Auto and The Parts House as the secondary. (The option of having 2 secondary vendors is due to the fact that The Parts House did not offer a discount. Bennett Auto offered a discount of 55% and has the third lowest final item price. When ordering, we will call both vendors and go with the lowest price.) Eagle Auto and Cold Air as the third vendors. (The option to have 2 third vendors allows for wider access to inventories. This is helpful in obtaining parts that are needed immediately. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of aftermarket parts, accessories and supplies. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked within the City's Warehouse. Aftermarket supplies are the non -dealer's brand of parts, accessories and supplies but are comparable to the dealer's brand. (i.e. Motorcraft is Ford's brand but other companies make comparable parts). FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $125,000. FY 14/15 expenditures were $124,543.56. FY 15/16 to date expenditures are $111,120.22. ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 352 of 717 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum REVIEWERS: Department Finance Legal Finance City Manager Reviewer Howard, Tim Swanson, Lynn Howard, Tim LaVerriere, Lori Description Tabulation Sheet Award Letter Action Approved Approved Approved Approved Date 8/8/2016 - 9:15 AM 8/8/2016 - 11:00 AM 8/8/2016 - 11:08 AM 8/11/2016 - 2:37 PPA Page 353 of 717 ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES BID # 052-1412-16/MFD Bennett Auto Supply, Inc. 3141 SW 10th Street Pompano Beach, FL. 33069 Contact: Jennifer Clukey Phone (954) 335-8723 / Fax (954) 335-8834 Email: jclukey@bennettauto.com ITEM DISCOUNT 1 55% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE 2 Oil Filter Fram PH10575 $13.38 55% $6.02 10w30 Motor Oil - Quart Valvoline Premium Conventional $11.77 55% $5.30 Windshield Washer Fluid 1 Gallon Bottle $2.99 55% $1.35 Wiper Blades ANCO 31-22 $8.83 55% $3.97 Headlight Bulb Wagner 3157KX $7.32 55% $3.29 Headlight Wagner H6054 $13.43 55% $6.04 Red Marker Lamp LED Grote G4002 $30.58 55% $13.76 Hose Clamps # 20 $1.49 55% $0.67 Brake Clean - 14 oz can Non -Chlorinated $4.88 55% $2.20 Silicone Gasket Maker - 2.7 FI oz. Loctite RTV Red 37469 $10.42 55% $4.69 TOTAL FINAL PRICE $47.29 Page 354 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Bennett Auto Supply, Inc. 3141 SW 1 Oth Street Pompano Beach, FL. 33069 Contact: Jennifer Clukey Phone (954) 335-8723 / Fax (954) 335-8834 Email: jclukey@bennettauto.biz YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES Addendum #1 Signed Page 355 of 717 ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES BID # 052-1412-16/MFD Cold Air Distributors 3053 Industrial 31st St Ft. Pierce, FL. 34946 Contact: Stephanie Hansford Phone (772) 466-3036 / Fax (772) 460-6235 Email: fleet@coldairdistributors.com ITEM DISCOUNT 1 33% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE 2 Oil Filter Fram PH10575 $7.44 79% $2.79 10w30 Motor Oil - Quart Valvoline Premium Conventional $2.86 60% $1.89 Windshield Washer Fluid 1 Gallon Bottle $4.53 67% $2.99 Wiper Blades ANCO 31-22 $5.98 82% $2.35 Headlight Bulb Wagner 3157KX $1.42 69% $0.95 Headlight Wagner H6054 $10.49 67% $6.99 Red Marker Lamp LED Grote G4002 $31.20 60% $15.60 Hose Clamps # 20 $0.52 69% $0.35 Brake Clean - 14 oz can Non -Chlorinated $2.99 65% $1.99 Silicone Gasket Maker - 2.7 FI oz. Loctite RTV Red 37469 $4.49 68% $3.67 TOTAL FINAL PRICE $39.57 Page 356 of 717 FIP Adjusted with 33% discount $52.09 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Cold Air Distributors 3053 Industrial 31st St Ft. Pierce, FL. 34946 Contact: Stephanie Hansford Phone (772) 466-3036 / Fax (772) 460-6235 Email: fleet@coldairdistributors.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES YES Addendum #1 Signed Page 357 of 717 ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES BID # 052-1412-16/MFD Eagle Auto Parts 1230 Hypoluxo Rd Lantana, FL. 33462 Contact: Steven Brand'I Phone (561) 557-1414 / Fax (561) 557-1635 Email: eapart@aol.com ITEM DISCOUNT 1 25% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE 2 Oil Filter Fram PH10575 $8.29 55% $3.72 10w30 Motor Oil - Quart Valvoline Premium Conventional $3.99 28% $2.89 Windshield Washer Fluid 1 Gallon Bottle $1.99 25% $1.50 Wiper Blades ANCO 31-22 $7.99 56% $3.49 Headlight Bulb Wagner 3157KX $1.49 35% $0.98 Headlight Wagner H6054 $12.99 33% $8.75 Red Marker Lamp LED Grote G4002 $19.49 40% $11.90 Hose Clams # 20 $1.59 69% $0.49 Brake Clean - 14 oz can Non -Chlorinated $3.79 48% $1.99 Silicone Gasket Maker - 2.7 FI oz. Loctite RTV Red 37469 $5.99 40% 1 $3.49 TOTAL FINAL PRICE 1 $39.20 Page 358 of 717 FIP Adjusted with 25% discount $52.09 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Eagle Auto Parts 1230 Hypoluxo Rd Lantana, FL. 33462 Contact: Steven Brand'I Phone (561) 557-1414 / Fax (561) 557-1635 Email: eapart@aol.com YES YES YES YES YES Women Owned Business YES YES YES Addendum #1 Signed Offered multiple discounts and gave an overall discount of 25% Page 359 of 717 ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES BID # 052-1412-16/MFD The Parts House 1855 SW 4th Ave Ste. B30 Delray Beach, FL. 33444 Contact: Blake Blumenstock Phone (561) 921-6202 / Fax (561) 601-2859 Email: bblumenstock@thepartshouse.com ITEM DISCOUNT 1 ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE 30 Oil Filter Fram PH10575 $4.30 $4.30 10w30 Motor Oil - Quart Valvoline Premium Conventional $2.09 $2.09 Windshield Washer Fluid 1 Gallon Bottle $1.75 $1.75 Wiper Blades ANCO 31-22 $3.87 $3.87 Headlight Bulb Wagner 3157KX $1.14 $1.14 Headli ht Wa ner H6054 $8.60 $8.60 Red Marker Lamp LED Grote G4002 $15.29 $15.29 Hose Clams # 20 $0.69 $0.69 Brake Clean - 14 oz can Non -Chlorinated $1.80 $1.80 Silicone Gasket Maker - 2.7 FI oz. Loctite RTV Red 37469 $4.33 $4.33 TOTAL FINAL PRICE $43.86 Page 360 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS The Parts House 1855 SW 4th Ave Ste. B30 Delray Beach, FL. 33444 Contact: Blake Blumenstock Phone (561) 921-6202 / Fax (561) 601-2859 Email: bblumenstock@thepartshouse.com YES YES YES YES YES NOT A MINORITY OWNED BUSINESS YES NO Addendum #1 Signed Page 361 of 717 ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES BID # 052-1412-16/MFD Vehicle Maintenance Program, Inc. 3595 N. Dixie Hwy, Bay # 7 Boca Raton, FL. 33431 Contact: Barry Friedman Phone (561) 362-6080 / Fax (561) 362-7994 Email: barry@vmpparts.com ITEM DISCOUNT 1 60% Off ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT % FROM ITEM 1 FINAL ITEM PRICE 2 Oil Filter Fram PH10575 $5.98 60% $2.39 10w30 Motor Oil - Quart Valvoline Premium Conventional $9.73 60% $3.89 Windshield Washer Fluid 1 Gallon Bottle $3.73 60% $1.49 Wiper Blades ANCO 31-22 $4.75 60% $1.90 Headlight Bulb Wagner 3157KX $1.88 60% $0.75 Headlight Wagner H6054 $10.70 60% $4.28 Red Marker Lamp LED Grote G4002 $26.28 60% $10.51 Hose Clams # 20 $0.53 60% $0.21 Brake Clean - 14 oz can Non -Chlorinated $5.48 60% $2.19 Silicone Gasket Maker - 2.7 FI oz. Loctite RTV Red 37469 $3.60 60% $1.44 TOTAL FINAL PRICE $29.05 Page 362 of 717 SPECIFICATIONS BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL ADDENDA COMMENTS Vehicle Maintenance Program, Inc. 3595 N. Dixie Hwy, Bay # 7 Boca Raton, FL. 33431 Contact: Barry Friedman Phone (561) 362-6080 / Fax (561) 362-7994 Email: barry@vmpparts.com YES YES YES YES YES WOMEN OWNED BUSINESS YES YES YES Addendum #1 Signed Page 363 of 717 The City of Boynton Beach Finance Department WAREHOUSE DIVISION 9 TO: Tim Howard, Assistant City Manager Administrative Services FROM: Michael Dauta, Warehouse Manager DATE: July 27, 2016 SUBJECT: Aftermarket Bid # 052-1412-16/MFD I reviewed the tabulation sheet. My recommendation is to award to multiple vendors based on primary, two secondary, and two third. The evaluating factors used were A) Final Item Price B) Percentage off. FY 14/15 expenditures were $124,543.56. FY 15/16 to date expenditures are $111,120.22. This year's expenditures will be an estimated $125,000. Page 364 of 717 Primary Vehicle Maintenance Program Discount 60% Final Item Price $29.05 Secondary The Parts House Discount 0% Final Item Price $43.86 Bennett Auto Parts Discount 55% Final Item Price $47.29 Third Eagle Auto Discount 25% Final Item Price $50.69 (The original item price was $39.20. See notes for details) Cold Air Discount 33% Final Item Price $52.09 (The original item price was $39.57. See notes for details) Notes Secondary Vendors The Parts House and Bennett Auto were selected as secondary vendors. The Parts House has the second lowest final item price. However, they do not offer a discount. Because of this, Bennett Auto, which has the third lowest final item price and offers a discount of 55%, was selected as a secondary vendor to compare pricing with The Parts House. When ordering parts, we will call both vendors for pricing and go with the lowest. The Parts House did not state a percentage off. The section was left blank. The current price and final item price were the same. Therefore the discount is 0%. Eagle Auto stated their discount to be 25% in Item 1. In Item 2, various discounts were applied to total the final item price at $39.20. Item 1 is to be applied to Item 2, one Page 365 of 717 discount % allowed, not multiple. When applying the discount (25%) to the current prices the amount totaled $50.69. Cold Air stated their discount to be 33% in Item 1. In Item 2, various discounts were applied to total the final item price at $39.57. Item 1 is to be applied to Item 2, one discount % allowed, not multiple. When applying the discount (33%) to the current prices the amount totaled $52.09. Recommendation VMP as the primary vendor. Bennett Auto and The Parts House as the secondary. (The option of having 2 secondary vendors is due to the fact that The Parts House did not offer a discount. Bennett Auto offered a discount of 55% and has the third lowest final item price. When ordering, we will call both vendors and go with the lowest price.) Eagle Auto and Cold Air as the third vendors. (The option to have 2 third vendors allows for wider access to inventories. This is helpful in obtaining parts that are needed immediately. Page 366 of 717 7.E. BIDS AND PURCHASES OVER $100,000 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the purchase of four Godwin Dri-Prime Backup Systems for four high-flow Lift Stations utilizing The Florida Sheriffs Association and Florida Association of Counties Bid Award No. 15-13-0904, for the total amount of $133,239.40. EXPLANATION OF REQUEST: The Utilities Department is in need of backup pumps at high flow wastewater collection lift station numbers 201, 410, 520 and 604 to provide auxiliary pumping capacity in the event of a hurricane and/or an extended power outage. Staff is recommending the purchase of Diesel motor driven Godwin Dri-Prime CD103M Critically Silenced Backup Systems which will replace the traditional pump station emergency backup system consisting of a fixed or mobile generator for power generation to run the permanently installed electric sewage pump. These units are engineered for quiet operation. Sound levels are approximately 68 dBA at 30 feet, which is an improvement on the noise produced from backup generator systems. The Godwin pumps will be purchased from Xylem of Pompano Beach, FL utilizing the State of Florida Sheriffs Association Bid Award No. 15-13-0904. The Florida Sheriffs Association procurement policies are equal to and/or exceed the City of Boynton Beach Procurement Policies. This bid award is valid through September 30, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Purchase of these dry prime pumps will allow for emergency backup operations as needed for the four high- flow lift stations. FISCAL IMPACT. Budgeted Funds for these pumps have been budgeted under account number 403-5000-535-65-04, Project No. SW R075. ALTERNATIVES: Not approve the piggyback of the Florida Sheriffs Association and Florida Association of Counties Bid and require the City to issue its own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 367 of 717 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Quotes D Piggy -Back D Quotes REVIEWERS: Department Finance Finance Legal City Manager Description Quote from Xylem per Florida Sheriff's Bid Bid Award Announcement - FL Sheriffs Assoc, Letter with Sales Quote - July 25, 2016 Reviewer Action Alibrandi, Julie Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 8/1/2016 - 4:36 PPA 8/2/2016 - 9:12 AM 8/8/2016 - 8:42 AM 8/9/2016 - 12:59 PPA Page 368 of 717 QUOTE PER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT Quote Prepared For. City of Boynton Beach Attention: Hr. James Hurt Date: 0712512016 Quote #145002432 CONTRACT DETAILS FLORIDA SHERIFF'S ASSOC., FLORIDA ASSOC. OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION BID #:15-13-0904 SPECIFICATION #: 71, 6 INCH MOBILE PUMP PACKAGE EFFECTIVE: OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016 CONTRACT PRICING QTY UNIT PRICE BASE BASE BID - Godwin CD150M 6" FT4 Dri-Prime Diesel Pump 4 37,650.00 150,600.00 ADD Upgrade to CD103M-CS Trailer Mounted Isuzu FT4 Engine 4 10,498.00 41,992.00 DEDUCT Spare Tire, Hydraulic Brakes, Trickle Charger 4 -1,634.00 -6,536.00 DEDUCT Mitsubishi IT4 engine - vs. Isuzu FT4 engine 4 -10,594.00 -42,376.00 DEDUCT Additional (1) Time Xylem Dewatering Quantity Discount 4 -6,061.50 -24,246.00 CONTRACT PRICING TOTAL 119,434.00 SPECIFIED OFTIONS Q'IY UN1'1 PRICE ACCE0025 PrimeGuard Controller 4 1,332.00 5,328.00 ACCE0024 PrimeGuard Auto Throttle 4 1,001.00 4,004.00 SUB TOTAL 9,332.00 DEDUCT Additional (1) Time Xylem Dewatering Quantity Discount 4 -411.15 -1,644.60 SPECIFIED OPTIONS TOTAL 7,687.40 NON-SPECIFIED OPTIONS QTY UNIT PRICE UL Listed Tank 4 2,300.00 9,200.00 SUB TOTAL 9,200.00 20% Contract Discount LESS -1,840.00 DEDUCT Additional (1) Time Xylem Dewatering Quantity Discount 4 -310.50 -1,242.00 NON SPECIFIED OPTIONS TOTAL 6,118.00 TOTAL TRANSACTION PRICE 133,239.40 Xylem Dewatering Solutions / Godwin Pumps appreciates the opportunity to assist with the above quote per the Florida Sheriff's Association. We look forward to serving your needs throughout the future. Page 369 of 717 }� tij rte t yl}l t �A { ul it ryu R�f,ri�i,� srs r ��"v ��M tv OctoberEffective Dates: Participating apt' t ets'rz: s'_ ,z gSheriffs Officesa+1 ` Local ,Ri a€ al, , e f mr , 1 Agencies of the State of Florida The Florida SheriffsAssociation Bed Award Announcement 15-73-0904 All About Rorida Page 370 of 717 F1111-14MRA MIN 11111�wll MAININUM19, "0911 SPECIFICATION #71 2016 Godwin CD150M 2016 Thompson 6JSCEN-DJDST-45'1'�M 2016 Tradewinds TPK064750 ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE ]INDICATED INSTRUCTIONS: Listed above, you will find the model numbers ofthe vehicles that will be included in this year's contract. a. Discharge size: 6 inches b. Suction size: 6 inches c. Capable of 1750 GPM minimum d. Capable of 160 ft. Total Dynamic Head (TDH) minimum e. Duty Point, Maximum: 1,000 gallons per minute minimum (GPM) at 120 ft. Total Dynamic Head (TDH) f. Impeller Diameter: Manufacturer's standard for pump g. Operating Speed Maximum; 2,200 RPM h. Solids Handling Size, Maximum: 3 inches 2. ENGINE; a. Diesel engine, appropriate to pump size at continuous duty. b. Emission compliant engine c. Industrial grade exhaust muffler and rain cap d. Oil and water drain lines with ball valves e. Low water level shutdown switch f. 12vdc system with battery rack and cables g. 12vdc battery charger h. 50 gallon minimum fuel tank with low fuel level alarm and shutdown, a. Check valve b. Impellers c. Self priming system 4. CONTROLS: a. Solid state, microprocessor based pump controls. b. Controls shall provide all operating, monitoring and control functions for the pump set. c. Controller will also provide 2 fully programmable contacts for input and output signals accordingly. d. Controller will provide remote start stop control with adjustable ramp (speed) time control. e. UL 508 R and CSA 022.2 No. 14 approved. a. The manufacturer shall mount the diesel engine and pump unit with the above 50 gallon subbase tank on a street legal D,03, approved trailer. This trailer will be able to be rated for a safe travel at speeds of 60 mpg, and not be limited to the following specifications: Page 371 of 717 b. Trailer design shall be such that the County/City may easily remove the entire engine, fuel tank and pump from the trailer. c. 12vdc electric system d. Lunette or military type towing ring with safety chains. e. Hydraulic brakes with reverse dump solenoid. f. Single point lifting bar. g. License plate bracket h. Sand shoe type support stands front and rear. i. Torque spring axles to meet load of trailer. j, Full size spare tire. 6. STAR UP AND--C-QMNJ1SS1-QNSrQ;- a. Vendor must coordinate all start up and testing activities with the engineer/owner. After field delivery of the pump and trailer, an authorized factory representative shall perform the initial start up and field testing of the pump and trailer. If conditions permit, a site will be determined where connection will be made by the County/City to test the pump package. If a site cannot be prepared a standard operational test will be performed. b. At the same time the start up test is performed, the factory representative will provide all necessary operation, field maintenance and minor repair training as necessary. This will also include safety procedures and hazard assessment. 7. QQNND-1U0-NS- a. In addition to equipment specified, each pump package shall be equipped with all standard equipment as specified by the manufacturer for this model and shall include but not be limited to the following necessary items: b. Initial filling of oil and antifreeze. c. During the start up, the authorized factory representative shall record and provide the County/City with the engine and pump serial numbers for the owner records. At this time the warranty will begin. d. One complete set of operations and maintenance manuals. e. Two (2) year or 1500 hour standard standby pump package warranty. Labor, materials, and travel for the warranty period repair will be paid by manufacturer during normal business hours. Page 372 of 717 The Godwin CD I50M purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specifications) cation (s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $37,650.00 $37.650.00 $37,650-00 $37,650M While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. No,rE-. An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealer-, in your zone at the stated prices. Page 373 of 717 VEHICLE: CD150M DEALER: Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of America, Inc. America, Inc. America., Inc. America, Inc. ZONE: Western Northern Central Southern BASE PRICE: $37,650,00 S37,650M $37,650.00 $37,650,00 Order Code Delete Options All Zones Downgrade to 3" pump NA CD100M Downgrade to 4" pump ($9,932.00)' 0)100114" ivith Yanmar24 HP 37'V-1188FFT4 Engine - RCT Downgrade to non UL fuel tank NA Downgrade to non UL subbase for 3" & 4" pump packages NA Downgrade to non UL subbase for 6" pump package NA Downgrade to non LJL subbase for 8", 10" & 12" pump packages NA CD100M Downgrade pump package - specify ($3,876-00)' CDJ00,A44" Oth Yanmar 37iVV88C FT4 Engine - RGTI CD103M Downgrade pump package - specify ($3,069M)' ('1)103M4" 44th I. 4LE2TFT4 Engine - R(,;T I Downgrade pump package - specify NA Downgrade pump package - specify NA Downgrade pump package - specify NA Delete remote control NA ACC 0015 Delete option - specify ($1,126.00)1 Hydraulic Brakes I ACCB0027 I Delete option - specify ($225.00)1 Spare Dre I ACCE00041 Delete option - specify ($283.00)1 12 Volt Trickle Charger I Delete option - specify NA Delete option - specify NA Delete option - specify NA Delete option - specify NA Delete option - specify NA Delete option - specify NA Delete option - specify NA Delete option - specify NA Delete option - specify NA Order Code Add Options All Zones CD225M I Upgrade to 8" pump $20,914.001 (T225M8"-kvi1hJC13 TCAF-93 P74 - RGTI CD250M Upgrade to 10" pump $3 )6,74 1.001 CD250M 10"ivilh Volvo7AD571 VEFT4 - R I CD300M Upgrade to 12" pump $81,073.00' (1)300412" ivilh Molvo T.4D8.72VF FT4 - RGT Page 374 of 717 VEHICLE: CD150M DEALER- Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of America, Inc. Amerim Inc. America, Inc. America, Inc. ZONE: Western Northern Central Southern BASE PRICE- $37.650M $37,650M $37,650.00 S37,650M Upgrade to aluminum sound attenuated 3" pump package NA CDIOOM' Upgrade to aluminum sound attenuated 4" pump package $5,976.00 ('D10,0M4" with Yanmar 24 HP 3TNV88FP74 - Trailer Mounied with "Sound Attenuated Enclosure CD150M Upgrade to aluminum sound attenuated 6" pump package $12,436.00 C'11150 -M 6" with XB TCAE-55 F74 - Dailcr.,Wounied with Sound Attenuated L'nclosure CD225M Upgrade to aluminum sound attenuated 8" pump package $34,723.00' (,'13225114 8" with .1('871CAE-93 1 "l'4 - Trailerr Mounted with Sound Aitenuated Enclosure CD250M Upgrade to aluminum sound attenuated 10" pump package $67,992.00 C1725(W 10" with t'olvo TADJ 7) 177: F14 - Trailer Mounted with Sound Attenuated Fitclosure CD300M Upgrade to aluminum sound attenuated 12" pump package $118,137.00 CD3(10M 12" with Volvo 1"AD872VE 1474 - Trailer Vaunted iviih, round Atienuated_rnclosure CD100M Upgrade - specify $10,094.00 CD100M 4" with Yanmar INV881"" FT4 - Trailer Mounted with Swans Attenuated Fnelosure CD 103M Upgrade - specify $10,498,00 CD103M 4" with lsicu 4LE2TFT4 - Trailer Mounted with Sound Attenuated Enclosure CD140M Upgrade - specify $20,591.00 CT)l 40!vf 4" w i1h JCB TCAE-93 P74 - RG T CD140M Upgrade - specify $36,176M (,'1?]40,V 4" with JCB T( AE -93 FT4 -7r°ailer Afountedwitch St)undAtte nuated Enclosure CD160M Upgrade - specify $43,767.001 CI)MOW" with VolvolAD37VE FT4 - RGT CD160M Upgrade - specify $73,240.00 C1)160,W6'with Volvo TA1)57F.E 1,74 - Trailer Mounted with Sound Attenuated 1-,'nclosure C1=D200M Upgrade - specify $1,292.00 CD200M 8 " w ith X8 TCA F-174 - RGT CD200M 1 Upgrade - specify $16,958.00' CD20048" with JCB TCAE-55 FT4 - Trailer Vaunted with "deans Attenuated Enclondre CD180M Upgrade - specify $43,928.001 CD180M Upgrade - specify $74,613.001 CD180-W 8"x 6" with Volvo TAD571 VrFr4 - D-ailerAlbunred with Sound Attenuated L'nclosure CD250M Upgrade - specify $36,741.001 (,,'1)250,W 10'with Volvo YAD571rr i -,T4 - RGT CD250M Upgrade - specify $67,992.00 CD250M 10"with Voho TAD571VEFT4 - Trailer Mounted with Sound Attenuated FmIm"'e DPC300 Upgrade - specify $58,705,00 1}1'C:'300012"" with Volvo IA1).571 VEFTwl - RGT DPC300 Upgrade - specify $97,546.00 DP('300 12'with Volm 1.90)571 VE FT4 - Trailer Mounted with Sound Attenuated Enclosure CD400M Upgrade - specify $133,722.00' C1)400M 18" with Volvo 1A1.71170 Vh'' FT 4 - Skid Rase Page 375 of 717 VEHICLE: CIA50M DEALER: Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of' America, Inc. America, Inc. America, Inc. America, Inc. ZONE: Western Northern Central Southern BASF PRICE: $37,650.00 $37,650.00 $37,650,00 S37,650.00 CD400M Upgrade - specify $178,861.001 C1)400M 18 "with Volvo TAD 11701,1" FT4 - S1bd Base it, ith Sound Atten uared Enclosure I CD500M Upgrade - specify $164,488.00'1 ('D500.-V124"x 18" with Volvo TAD1374TT FT4 - Skid Base CD500M Upgrade - specify $186,61100 (.'D51.11IM24"xl$"kvithVoh7oTAD]374T'EFT4 - Skid Base with .!;oundAttenuated Enclosure 1 CD500M Optional equipment - specify $243,058.00 U`Pgrade Punsp Package - CD500M24"x 18" with (,'as C'-18 FT4 - Skid Base CD500M Optional equipment - specify $298.533,001 Upgrade Pump Package - CD500A124"x 18'with Car C-18 FT4 - Skid Base with Sound. ttenuated Fnelos-are IIL225M Optional equipment - specify $93,024.00 Upgrade Pump Package - HL225M 10"x 8" with Volvo 7ADJl70VE1 1:1 - RGT I-IL225M Optional equipment - specify $132,107.00 Upg7-ade Pump Package - HL225M10"x 8" with Volvo TAD1170VEPT4 - Dailer Mounted with Sound Attenuated Fnelosure I H1,250M Optional equipment - specify $123,305.001 bgrade Pump Package - H1.250 -1112"x 10" with V6lvoTADl374VF FT4 - R(;T HL250M Optional equipment - specify $158,997.001 bligrade Pump Package - H1,250M 12'x 10" with Volvo TAD1374VE FT4 - D uiler Mounted with Sound Attenuated Enclosure t CDIOOMV Optional equipment - specify $4,845.00 Upgrade Pump Package - C'DJ00W4" Wtdlpoint Pump with Yanmar 3TYV88C FT4 60 CF -11- R(;T CDIOOMV Optional equipment - specify $19,057.001 Upgrade Pump Package - CDl 0011V4" Wellpoint Pump with Yantnar 377V, 1188C T -T4 60 CFM- Trailer Mounted with SotanttAtBenuated Enclosure CD150MV Optional equipment - specify $13,324.00' Upgrade Pump Package - CD150MV6" Wellpoini Pump with XBRAE-55 H4 120 L f t1 RGT CD150MV Optional equipment - specify $30,604.001 Upgrade Pwnp Pack!s�6 - CD150MV6" kb ellpoint Pump with XT 7'CAL-55 FT4 120 CPtil - Trailer Mounted with Sound Attenuated Enclosure CD225MV Optional equipment - specify $29,312.001 bgrade Pump Package - ('0225MV8" Wellpoini Pump with AT TCE-9"3FT4 - R(3'1'1 CD225MV Optional equipment - specify $45,866.001 tlpgrade Pump Package - CD225MV8" Wellpoint Pump with JCB 7CAE-93 FT4 TrailerAlounted with Soundyluenuated Fticlosure I Heidra Optional equipment - specify, $7,268M1 1501MR Upgrade Pump Package 110dra IMAM Hydraulic Submersible Pump withAT TC: AF -55 FT4 - R07' ACCE0025 Optional equipment - s ecify F $1,332-00' PrimeGuard Control Panel ACCE0030 Optional e ipment - specify $121.001 Block Heately CAPGMA0051 Optional equipment - specify $347.001 (4) 1,,'IoarAssemb4-,for llritneGumd Page 376 of 717 VEHICLE: CD 150M DEALER-. Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of Goodwin Pumps of America, Inc. America, Inc. America, Inc. America.. Inc. ZONE: western Northern Central Southern BASE PRICE: $37,650.00 $37,6500 $37,65000 S'37,650.00 CALVMA003 Optional, equipment - specif ' $1,030.00 Level 7),ansducerfor PriineGuayd� ACC 0016 Optional equi F ment - specify $2,188.00 ACCE0009 1 Optional equipment - specify $501.00 Gl-'Cl Duplex Receptacle I ACC130018 I Optional equipment - specify $444.00 Work Flood Lights (set of4) - 12 Volt ACCB0020 1 Optional equipment - specify $315.00 Interior Light for° Sound Attenuated Enclosure -12 Volt FPS80 1 Optional equipment - specify $2,910.00 Reverso FPS80 Fuerl PohshingSYstem ACCE0024 Optional equipment - specify $1,001.001 ,4uto Throttle I ACCE0030 Optional equipment - specify $646,00 Solar Battery Charger I Optional equipment - specify NA Optional equipment - specify NA Optional equipment - specify NA Optional equipment - specify NA Optional equipment - specify NA Optional equipment - specify NA Maintenance Plan - specify NA Maintenance Plan - specify NA Warranty - specify Incl. Pumpend - 12 months or 2000 hours from date of shipment, whichever occurs first Warranty - specify Incl. Fngme, Yanmar) - 24 months, 2000 hours, whichever occurs first Engine, (-'aterpillar) -12 months, unlimited hours of lase or 24 months, 3000 hours, whichever occursrst Fngine, I=u) - 12 months, unlimited hours of arse or 36 months, 3000 hours, whichever occurs first Warranty - specify Inc]. 1.,'ngme, XG - t) Major (ontponenis — 36 monih.5ftom daze ofdispatch from JCR Pow=er Systems, 24 monihsfi-om date of from date of&5patchftomAB Power,�ystems or 12 months from dale of installation ii) Minor Components 24 monthsfrom insadlafion, whichever is earlier. Unlimited hours 1 20% Discount 1 Discount percentage off manufacturer's current published retail prices for non-specified options and Inc]. any optional models bid. This discount ONLY APPLIES to a downgrade or an upgrade to the model listed in this specification. It does not apply to a completely different make or model. (The discount is applied to the manufacturer's current published retail prices.) 20% offofCurrent Published Retail Pricing I Page 377 of 717 xytem Let's Solve Water July 25, 2016 Mr. Jimmy Hart City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 RE: CD103M-CS - FSA Sale Quotation 145002439 Dear Mr. Hart: 1201 NW 18th Street Pompano Beach, FL 33069 Tel: 954-283-5270 Fax: 954-283-5271 www.godwinpumps.com Phone: 561-742-6413 Fax: 561-742-6298 Email: hartj@bbfl.us Thank you for your continued interest in Xylem Dewatering Solutions, and our Godwin Pumps line of Dri-Prime Pumps. The Following quote is for Godwin Dri-Prime Backup Systems (DBS) for the following Boynton Beach lift stations: LS201, LS520, LS410, and LS604. Since these lift stations have similar performance characters, we recommend using the Godwin CD103M 4" pump at all four applications. The Godwin DBS concept replaces the traditional pump station emergency backup system consisting of a generator and permanently installed electric sewage pump, with a critically silenced diesel Dri-Prime pump and automatic control panel. The CD103M is capable of flows up to 1000 GPM, total dynamic heads up to 170 feet and solids handling capabilities up to 3" in diameter. The CD103M also features the unique Godwin high pressure oil bath mechanical seal that allows for indefinite dry running, perfect for intermittent flow applications. Critically Silenced DBS units are engineered from start to finish for quiet operation. The enclosure consists of 14 gauge sheet metal lined with 1" and 2" layers of polydamp acoustical sound deadening material. The engine is designed with a critical grade silenced muffler, silenced the priming exhaust, and isolated engine vibrations to further reduce operating noise. Hinged, lockable doors provide convenient access to operating controls and service locations. Sound levels are approximately 69 dBA at 30 feet. The Godwin Dri-Prime Backup System offers peace -of -mind with a reliable lift station contingency plan. The DBS provides independently -powered pumping in one dependable package for a variety of station emergency situations. The pricing is based on the Florida Sheriffs Association Contract #15-13-0904, Specification #71. We have also applied a (1) time Xylem Dewatering quantity discount. The current estimated delivery time is 12 weeks after receipt of purchse order. Please contact us if you have any questions or require further information. Home Office: Page 378 of 717 84 Floodgate Road, Bridgeport, NJ 08014 • www.godwinpumps.com • (856) 467-3636 • (856) 467-4841 July 25, 2016 City of Boynton Beach Attention: Mr. Jim Hart Sale Quotation # 145002439 Page 2 of 3 Sincerely, r Thomas Blanford Branch Manager TB/gy Page 379 of 717 July 25, 2016 City of Boynton Beach Attention: Mr. Jimmy Hart Sale Quotation # 145002439 Page 3 of 3 Contract Items: 1201 NW 18th Street Pompano Beach, FL 33069 Tel: 954-283-5270 xNtem Let's Soy ve Water A 4 Godwin Dri-Prime CD103M Critically Silenced • Sound Attenuated Enclosure • 4" 150# Flange Suction & Discharge • Mitsubishi S4Q2-VS T3/I4A Diesel Engine • Skid -mounted, 80 gal fuel tank • Engine/Motor Options • PrimeGuard Controller • PrimeGuard Auto Throttle • Dri-Prime Backup System • Emergency Standby Diesel Engine • Base Options • UL Double Wall Tank B 1 DELIVERY MOTOR FRT BR 045 PARTIAL LOAD • No Delivery Freight Charges - Per FSA Contract $ 29,858.50 1,097.25 824.60 0.00 0.00 1,529.50 Due to a limited supply of the interim Tier 4 diesel engines, this quotation is valid for 10 business days from date of issue. Contact our office if an updated quotation is required. NET SALE TOTAL $ 119,434.00 4,389.00 3,298.40 0.00 0.00 6,118.00 .m $ 133,239.40 Please note all sale pricing is in U.S. Dollars. The price does not include freight, export boxing, duties, taxes, or any other items not specifically mentioned. This pricing information is for internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 10 days. All prices quoted in US dollars. Page 380 of 717 This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at and incorporated herein by reference and made a part of the agreement between the parties. 7.F BIDS AND PURCHASES OVER $100,000 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve a purchase from AWC, Inc. in the amount of $252,000 to furnish, install and program two (2) Siemens Sinamics G150 variable frequency drives (VFDs) used at Boynton Beach Utilities (BBU) West Water Treatment Plant (West WTP) as a sole source. EXPLANATION OF REQUEST: A VFD is a type of controller used to adjust an electric motor's speed by varying frequency and voltage supplied to the motor. They aid in reducing power consumption while improving operational efficiency. VFDs are currently being used at the West WTP to operate the membrane feed pumps (MFP) at various speeds to provide the desired flow rate through the membrane trains at the minimum allowable pressure. VFDs are also used to operate the high service pumps (HSP) at the plant in a similar manner to meet varying water demands and pressures in the distribution system. The West WTP utilizes Siemens Masterdrives VFDs which are 14 to 15 years old, are no longer manufactured but still supported. (Masterdrives have been replaced by the Sinamics family of drives.) In addition, MFP #3's VFD is no longer operational due to defective internal circuitry. The drive may be refurbished but cost and lack of availability of spare parts are an issue. As such, Boynton Beach Utilities intends to replace the existing Masterdrives on HSP #1 and #3 with Sinamics G150 drives, and utilize one of the operable Masterdrives as a substitute for MFP #3. The remaining drives will slowly be replaced over the next few years to ensure no maintenance and support lapses. Pricing for the purchase, installation and programming of the new VFDs were acquired from AWC, Inc., the Florida statewide exclusive Siemens Automation Products distributor. A sole source letter has been provided by the vendor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Replacing the VFDs will safeguard against interruption of service to City customers while ensuring that equipment life and energy consumption goals are met. Further, replacing the drives in-kind ensures compliance with BBU's standard of utilizing Siemens for its VFD needs. FISCAL IMPACT. Budgeted Funding for this project is approved in the Utility CIP under the following account: - 403 -5000-533-65-02; WTR 021 ALTERNATIVES: The City could choose to bid the project; however, AWC is the Florida statewide exclusive distributor for Siemens Automation Products. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 381 of 717 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum D Addendum REVIEWERS: Department Reviewer Utilities Groff, Colin Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Master rives Discontinuation Timeline AW C Drive Replacement Quote AW C Sole Source Letter Action Date Approved 8/8/2016 - 8:19 AM Approved 8/8/2016 - 8:20 AM Approved 8/8/2016 - 1:18 PPA Approved 8/8/2016 - 2:22 PPA Approved 8/9/2016 - 1:01 PPA Page 382 of 717 S-D,111dzl$ll,l-1 1�11 1 j uo I�m nuquv3s!.p,janPOJd ul &ur�cw S&Njrlo,uva IIS OPS Louc"Illmi I rcum"D uo ii,,,)npo nutonso SRAIMaNaLS,VVJ Ua +w+ G1 0 41 ' M y C N 3 N x O cr W > U ="a O Cr O U aCr ca t 0) C � 0 m m T m J N LL Y Q O M N Ln m O J t LL C11 = N Q w m ti Z O Z } O s m a c E O 0 C M N = 3 � i M N x C: n O u = m m E m C: M m o m V Y V `o w E ul Q _ U/ c o E t } W O_ 0 Co H 0 [o H O O 0 O O N Ln N i/? 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V O N aO w ° N C v m m N 72 i O O ° N -O O N V 0 O a E v v a O C N N — = u O i E E v m E C -0 a O m V '� a .m O O — N E ° O _ 0 O O m N Y m m -O V O O O N 0 T m C > E '6 N O GO C O N 0 m -O L — O N N C t O 'O V V T m V T >i N E 7 N V v� O 7 O C T d N V' 3 u '3 _ woo O m Q V °�° V o in ° a W O L LL o u E a O o E v O _ Q Q — N a m z3v O o cn a _ E_0Z V v0 O LZ 7m v V VV v JCL v° J E - v Oc �n ° oE ° v a -W0 Q v 0) v `O a E s i m > v > v m '6 v co i-0 — N N N N v, O N -O v, O w m C +� N _C C -00 to T '6 E O O C'4 -O -O i) N -O O am+ Vt 0 a W C > Y v -6 N 7 N m O 2 O s o °o ice+ , v .oO � o u 3 -3 0 7a¢ wT —00 O O N — V OO ¢ w 0 O V O Z .—c o 'jv N u 3 O EE tp0O -0-0 v O t t° cc m V O ` os LQW '6o N N O O V a o t °O m N LL 0 10 E -ONCmvo VN V V fl- O oh mN°ivcvo > O _ QO — Ns E z w u u E cO- bon E 0 m o i o L03 p v o'O E Oav o tp a tENo >'OO Z¢ Ea o ° u °°=vav°°° LL Vv Z a u v v 0 3 v v v Ot -o -o a ) 0 m tV > O > > 0 v > > E vC v E V E OOOO m0OO,m, O m � O O tN WN tN D ¢ Oa ¢ V . m a. O. . V CN m a Ui �6 r-� C6 r O co O C O hp .3 a m 0 3 a m 0 E N E t v E O V c f0 hp C 0 E v a v O C O bn .3 a m 0 bn .3 a 2 co r 0 rl— co m 0 O O O O O N V1 N r O co co (6 ■ B M B \ \ ME � loft � � � � Or � � 0 m m q ¢ 2 n � August 2016 Authorized SIEMENS Distributor �Z The purpose of this letter is to provide documentation that AWC Inc. is the exclusive authorized stocking distributor for Siemens Motion Control in Florida. In addition, AWC Inc has access to products offered by the Digital Factory, Process and Drives and Energy Management divisions of Siemens. These products include all SIMATIC Automation (PLC's, HMI, Ethernet Switches, Software, etc.), Master Drives, Sinamics Drives, MicroMaster Drives as well as Industrial Control, Molded Case Circuit Breakers, Safety Switches, and NEMA Motors, Motor Control Switchgear, Panelboards, Switchboards, Medium Voltage Switchgear and Low Voltage Switchgear. AWC-Inc has trained application engineers, local inventory and experienced automation and drives specialists to assist customers in Florida. Please do not hesitate to call if you have any questions regarding this information. .c Kristin Alexander Regional Channel Manager Siemens (770) 453-3404 Siemens Industry, Inc. 5405 Metric Place Suite 100 Norcross, GA 30092 Page 390 of 717 7.G. BIDS AND PURCHASES OVER $100,000 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve the purchase and installation of new fuel system at the Public Works Complex and Fire Station #5 from Advanced Petroleum Systems, Inc. utilizing the National Joint Powers Association (NJPA) contract #051613 -SYS in the amount of $149,240. NJPA satisfies the public bid requirements. EXPLANATION OF REQUEST: Contract Period: July 16, 2013 thru July 16, 2017 The NJPA award is to Syn -Tech Systems, Inc. and Advanced Petroleum Systems, Inc. is an authorized distributor for Florida. The existing TRAK fuel management system and fuel dispensers were installed in 2007 at the Public Works Complex need to be replaced. In addition a Fuel Master System will be added at Fire Station 5 so that the 10,000 gallon diesel fuel tank can be utilized by all users in the City. This will give an alternate location to fuel along with providing additional diesel in the event of a storm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be a reliable fueling facility and a more accurate tracking system for fuel accountability. In additional an alternate location for diesel fuel will be available for City users. FISCAL IMPACT. Budgeted The funds are approved in the FY2015-16 Fleet Maintenance budget under Computer Software (Acct.#501-2516-519-64.14) and Computer Equipment (Acct.#501-2516-519-64.15 for a total of $150,000. The quoted cost via the National Joint Powers Association (NJPA) contract is $71,040. In addition an automated system (no fuel key required) will be added to 340 city vehicles in the amount $80,500 for a total of $149,240. ALTERNATIVES: City could issue its own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 391 of 717 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Advanced Petroleum Systems, Inc. START DATE: 7/16/2013 END DATE: 7/16/2017 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Reviewer Type D Addendum D Addendum D Attachment D Addendum D Addendum D Addendum D Addendum D Addendum REVIEWERS: Description Fuel System Proposal Fuel Award Letter Syn -Tech Distributors Fuel System Bid Tally Fuel Award Minutes Fuel System Comment and Review Fuel Bid Opening Does Fuel Bid Advertisement Department Reviewer Action Date Public Works Livergood, Jeffrey Approved 8/8/2016 - 1:57 PIVD Finance Howard, Tim Approved 8/9/2016 - 1:23 PIVD Legal Swanson, Lynn Approved 8/11/2016 - 9:34 AM Finance Howard, Tim Approved 6/11/2016- 10:16 AM City Manager LaVerriere, Lori Approved 8/11/2016 - 2:40 PIVD Page 392 of 717 A&WMW AWokwm Sysbm bm CRY of Boynton Ekwah Aftenbon, Bill Darty, CAFM Fleet AdminW=r 222 NE e Ave. BoyntDn8ewh, FL 33435 RE: PROJECT PROPOSAUAGREEMENT PROJECT. TRAC and GASBOY Replacemnt with FUEL MASTER (2) LOCATIONS F1W Yard and Fbe Station (NJPA PRICING) EMEMM We are pleffMd to SuWR the pn:nxm1 to perlbrm the SaKe-of W0* as descibed on the pr*xt plans-andspeafteflons, and/or thIs propowl, which "I define ft project owpe of weA. Cod AnstWkftn Lump Sum Arnount .a a m@„ nm„.....—,.,E— ....... ...... ... --.$1%50M100 EQUIPMENT SCOPE OF'WORK 1.11 (3) FUEL MASTER FMU3805PLUS WSW Unk—.... ........ $22,260.100 1.2 FUELMASTEk $1,768.-100 1.3...... "woo 1.4 Dellberant 1noW11 W.- ....... $1,360.00 1.5 S45&00 1.16 'V -R sensor ....... $1w230.00 1.7 V-A tank pmbea and adnpbw&-$3,900"00 1Z V -R smp and IntemoWa�wmre�.agi$1,360.00 1.9 EMC pulmr forTLM- -ULL pu .......n,,,,...am,,,..gaR.$495.00 mp.. 1.10 mmn........... $W.100 Equipment Lump Sum ...... $ 38,065,00 Page 393 of 717 rall".13n. 10, CX'L TSM rapted y, TOTALEQuIPMENT.........--., ........ .......................__m. — .................... -$ 38,065M TOTAL MsE —....Po . $51,665.00 FKOFOMAL BROMW A*Mnut PMr,*m 7" b4twsw,Purduvm*%Mjw mm Aftw-md ft*okom SpWW^ vWmd Web or oNwhed to 60 PurchassrPDwnw. By. TdJs: Datc Page 394 of 717 Exhibit"Aft TERMS AND WNWOM 2. OFFFR AM ACCE-PrANCE: This pmpossl w -A accwmnd* by PWChM5edCXOM0r k Skd*W W &COWaffm by SM MOO&W APS cw-pcvft Oftef. APS r0mves the i4M to Wpmm mko amwo amt, 92 pumhff*W()wlnem w0l the *&WbWNmnt of w*ftdoy ma ft"ns and/w Mmort, wnd*m OmWMWO to APS To Pumhoamomwn wel %VMW OW1, do gwxmrd pop -rat Ww (unhum Immm irk wMV m Ibis propmQ are w Mova- Page 395 of 717 wAt F*44 A, Page 396 of 717 FORM D Formal Offerigg of P (To be completed Only by Proposer) isle In compliance with the Request for proposal (RFP) for "'FLEET MANAGEMENT AND RELATED TECHNOLOGY SOLUTIONS", the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RTP, and all Proposer's Response documentation, Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance of any sub -contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Company Name: _Syrj-jqcb- Systems. Inc. Date: 05/13/2013 Company Address: 100 our Points City Contact Person: .-_Frank AUth0FiZCd Sil(-IMAILH-C (ink only): Revision 3-21-13 State: FI zip: 32305 sic arae printed or typed) Page 397 of 717 Form F. Contract Acceptance and Award (To be.con(letedy b only p e _ y NJPA) NJPA 051613 F LEET MANAGEMENT AND RELATE D TECHNOLOGYSOLUTIONS Proposer-' sl full legal Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set fords in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C. The effective date of the Contract %vill bei � u& IV) i u - 20 15 and C011tiflUe for four years thereafter ANIS which is subject to annual renewal whe option of both parties. This contract has the consideration of an optional fifth year renewal option at the discretion NJP- National Joint Powei*s Alliance@ PA, Ae- NJPA Authorized signature: baue NJPA Ex&utFv-e Director (Name printed or typed) VI Awarded this day of'20-1 NJ.PA Contract Number 9 05161311" ",5 N,'JPA Authorized signature: )v VD, k -61- NJIIA Board Member (Name prfi&d or typed) EXCCUtCd tlli!3 day of 2013-- NJPA Contract Number N 051613 -S--fs Proposer hereby accepts contract award includina all accepted exceptions and NJPA. clarifications identified on FORM C. Vendor Name Vendor Authorized signature: 7)Aij; n 6. rutted or typed) Title: -Y (Nara EX0CLIt0d this lf�UE—� day or 20 _L5 NJPA Contract Number 0 051,613-W( 44 Page 398 of 717 MyFUELMASTER.com - Distributors _ AME, -rER Username 9ii,� gyp'` Forgot Password — wu� Sales Support Products Careers About Us 8/09/2016 Contact Us Search sufts Showing 15 distributor(s) matching your search. Name ---------------------------------------------------------- Phone ---------------------- State ------------------------------------- Region I---------------- Advanced Petroleum Systems 305-430-8500 Miami, Florida Southeast Eagle Group, Inc. 305-430-8500 Southwest Ranches, Southeast Florida FlowMaster Services 407-291-9636 Orlando, Florida Southeast Guardian Fueling Technoligies - 904-680-0860 Jacksonville, Florida Southeast Jacksonville .......v Guardian Fueling Technologies - ..............e......-e............---- 954-432-0622 ................... Miramar, Florida ........e...... - Southeast Miramar Guardian Fueling Technologies - 407-321-0130 Sanford, Florida Southeast Sanford ---------------------------------------------------------- Guardian Fueling Technologies - Tampa •---------------------------------------------------------- ---------------------- 813-248-5707 ----------------------------------------------------------------------------- ------------------------------------- Tampa, Florida I---------------- Southeast Guardian Fueling Technologies- Ft. 239-210-2053 Ft. Myers, Florida Southeast Myers ---------------------------------------------------------- ---------------------- ------------------------------------- I---------------- JMP Solutions •---------------------------------------------------------- 352-427-6641 ----------------------------------------------------------------------------- Tampa, Florida Southeast Meco Florida Equipment Sales, Inc. ---------------------------------------------------------- 904-354-6789 ---------------------- Jacksonville, Florida ------------------------------------- Southeast I---------------- Petroleum Equipment Construction, Inc. •---------------------------------------------------------- 407-290-3010 ----------------------------------------------------------------------------- Apopka, Florida Southeast PetroSolutions ---------------------------------------------------------- 877-546-7466 ---------------------- Miami, Florida ------------------------------------- Southeast I---------------- Phelps Petroleum •---------------------------------------------------------- 850-265-1207 ----------------------------------------------------------------------------- Panama City, Florida Southeast WindemullerTechnical Services 941-355-8822 Sarasota, Florida Southeast ....................................... Wise Gas - Weston e...... 954-636-4291 - e.............. e...................._......... Weston, Florida e...... - Southeast OWFUELMASTER Sales Support Products 100 Four Points Way Tallahassee, Florida 32305 Contact Us Employees Site Map Phone: +1 800 888 9136 Certified FuelMaster Distributors Search the rckry Distributor Name State Region Southeast http://www.myfuelmaster.com/sales/distributor_Iist/search/a5fe681b8l8cb94e251906285dffela3[8/9/2016 1:18:10 PM] Careers About Us Page 399 of 717 MyFUELMASTER.com - Distributors Copyright ©2010-2016 Syn -Tech Systems, Inc. All Rights Reserved. Fax: +1 850 877 9327 Privacy Policy marketing c@7r rriyfuelrriaster.corri supporta myfuelrnaster.corn http://www.myfuelmaster.com/sales/distributor_Iist/search/a5fe681b8l8cb94e251906285dffela3[8/9/2016 1:18:10 PM] All of our products are proudly engineered and manufactured in the USA Page 400 of 717 Z O H J Q co O J O Z S U W H C9 W G Q O-� LL LU Z Q Z W m W O Q Z Q F W W J LL C s o c a Q as b 7 7 A h ID a r V r c0 N fi l m M n Cl) m 0 (o 0 Ln 7 r CO N w V 10 V r M co 7 d0' N (`M') co ( D (Nn vLDcn r rnv(o v m co N (° M I� M c00 M co n co N co v LoM ID a m M co't m v V O (o M (o (0 7 (0 M M � O (A M c > (MD (00 V N G00 M u co d0' l0 M V N lo co V (0D V 7 W d' a c0 M W (0D 7 (Ono r V O(00r (On O N T C 0 O � O cu m o �> 07 ` _ c N O C C N O T i O¢ N U Q O -ow S a o 'O m O '6 c a� a c UEg o Eo a) E2 O. C� C N U N N E U IE O 7 .- y0. O p L C N "O m ;6 N O U U-6dLL SCO (n ch u) (L b 7 7 A h ID a r Regular Meeting & Retreat Minutes of the NATIONAL JOINT POWERS ALLIANCE® Board of Directors Tuesday, July 16, 2013 Executive Conference Room Chair Wolden called the Regular Board meeting to order at 5:50 p.m. with the following members present: Wayne Wolden, Scott Veronen, Randy Pepin, Brian Lehman, Mike Wilson, Mike Domin, Barb Schmitt, and Barb Neprud. Also present were Chad Coauette, Susan Nanik, Diana Pihlaja, David Jessop, Misty Myers, Rynell Schock, and Deb Cervantez, staff. Ms. Schmitt moved, seconded by Mr. Domin to accept the agenda as amended. Motion carried. Mr. Wilson moved, seconded by Ms. Neprud to accept the minutes of the Regular Board Meeting held on June 18, 2013. Motion carried. Ms. Pihlaja presented the monthly Financial Reports. Mr. Pepin moved, seconded by Mr. Veronen to approve the transfer of $852.53 from Fund 06 (building) to Fund 15 (CP) effective June 30, 2013. Motion carried. Ms. Schmitt moved, seconded by Mr. Wolden to approve the check register and Treasurer's Report of Cash! Revenues, and Expenditures from: • Mid -Central Bank and to pay vendor disbursement #80856 • First International Bank and to pay all vendor disbursements #79063 to #79370 Motion carried. Ms. Schmitt moved, seconded by Mr. Wilson to approve all Wire Transfers from: • Mid -Central Bank #442 to #447 • First International Bank #2012-00423 to #2012-00455 and #2013-00001 to #2013-00002 Motion carried. Ms. Neprud moved, seconded by Mr. Pepin to accept the Consent Agenda as follows: • Updated Membership Agreements Members added June 1-30, 2013. • Request Authorization to Bid o Alternative Fuel Refueling Infrastructure — CNG, LNG, Propane, and EV with Related Accessories, Services and Supplies o Portable Construction & Maintenance Equipment • Approve Bid Evaluation Committee's Recommendation to Award RFP #051613 for Fleet Management and Related Technology Solutions to: o Agile Access Control, Inc. o AssetWorks Inc. o CalAmp Wireless Networks Corporation o National Products, Inc. o Network Fleet o RouteMatch Software, Inc. o Syn -Tech Systems, Inc. o Zonar Systems, Inc. Page 402 of 717 • Approve Bid Evaluation Committee's Recommendation to Award RFP #060613 for Resilient Surfaces with Related Supplies, Accessories and Equipment to: o Mannington Commercial, a business unit of Mannington Mills, Inc. • Approve Renewal of Agreements with o Lennox Industries #072711 o NorAm Marketing Services #062512 o School Specialty #052910 o Altec Industries #060311 o Steelcase, Inc. #052910 o John Deere Construction Retail Sales #060311 o Wastequip #060612 o Flex -O -Lite #052412 o Old Dominion Brush #060612 o Sullair Corporation #060311 o Payless ShoeSource #061812 o Multiquip #060311 o Enviromental Solutions Group (ESG) #060612 • Approve ezIQC Renewal of Agreements with o AND Contractors, Inc. MDFCG-022912 o HITT Contracting, Inc. MD9MC-022912 Motion carried. Ms. Schock reported on Education Solutions. Update was given on the Leadership Academy, Mentor/Peer Coaching Academy and upcoming trainings. Mr..lessop reported on Risk Management. Update was given on the .lune 27, 2013 RMPEC meeting and the PCORI tax. There were no recommendations for action. Ms. Schmitt moved, seconded by Mr. Lehman to approve the Northwest Tribal Emergency Management Council Marketing Partner Agreement ezIQC. Motion carried. Mr. Wilson moved, seconded by Mr. Pepin to approve Purchase of Service Agreements for the Collaborative Service Workers with District 182 — Crosby Ironton and District 186 — Pequot Lakes. Motion carried. Ms. Neprud moved, seconded by Mr. Domin to approve the Purchase of Service Agreement for PBIS with Benton Stearns Special Education District. Motion carried. Ms. Schmitt moved, seconded by Mr. Lehman to approve the expansion in FY13-14 of the Digital Learning Solutions program to include 7t" and 8t" grade level classes and credit recovery classes. Motion carried. Mr. Wilson moved, seconded by Ms. Schmitt to approve full-time status for insurance purposes be defined as those employees working at least .75 FTE (195 days) per year. Motion carried. Mr. Lehman moved, seconded by Mr. Pepin to approve the Memorandum's of Understanding with the Exempt/Non-Exempt Group and the Cabinet. Motion carried Page 403 of 717 Mr. Wilson moved, seconded by Mr. Veronen to approve the Master Agreement with the Director of Contracts and Marketing. Motion carried. Ms. Neprud moved, seconded by Mr. Lehman to approve the FY 13-14 employee matrix as presented. Motion carried. Ms. Schmitt moved, seconded by Mr. Wilson to open a Contract Manager position. Motion carried. Mr. Wolden moved, seconded by Mr. Lehman to approve the revised Marketing Manager job description and open the position. Motion carried. Mr. Domin moved, seconded by Ms. Schmitt to: • Approve the reassignment of Carol Jackson to Administrative Specialist II; DLS/KS/SB, effective August 1, 2013 and open the Customer Service Specialist position • Approve the promotion of Scott Wermter to Cisco TelePresence effective July 1, 2013 and open the IT Support Specialist position • Approve the hiring of Tanya Nelson as Administrative Specialist I; Receptionist effective July 29, 2013 Motion carried. Dr. Coauette gave a report on his first two weeks. The Capitol Hill Associates Legislative Summary Report was reviewed. All board members who attended the MSC Summer Board Conference reported back on their experience at the conference. Mr. Wolden distributed the minutes from the MSC Board of Directors meeting held on July 11, 2013. National Conference dates were reviewed. Mr. Wolden reported to the board about the League of Minnesota Cities Conference that he attended. Mr. Domin moved, seconded by Mr. Pepin to adjourn the meeting at 7:25 p.m. Motion carried. Page 404 of 717 COMMENT AND REVIEW To the REQUEST FOR PROPOSAL (RFP)#851613 Entitled FLEET MANAGEMENT AND RELATED TECHNOLOGY SOLUTIONS The following advertisement was placed in the Minneapolis, MN Star Tribune on April 4, 2013 and April 11, 2013 and Oregon's Daily Journal of Commerce on April 4, 2013 and on the NJPA website Qnvia website www.onvia.com and Notice to Bidders website moticetohidde/szorn: The National Joint Powers Alliance' /NJK4\,mnbehalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non -Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in national contract solution for the procurement of FLEET MANAGEMENT RELATED TECHNOLOGY SOLUTIONS. Details of this RFP are available beginning April 4, 2013 and continuing until May 9, 2013. Details may be obtained by letter ofrequest tmGregg Meierhofer,N]PA,20212thStreet Northeast, P.0.Box 219,Staples, MN5G478,Vrbye-mail at , Proposals will be received until May 15, 2013 at 4:30 p.m. Central Time at the above address and opened May 16,2O13at8;Q0A.M.Central Time. RFPs were requested from and distributed to: Assetvvorks Inc. |nversMobility Solutions Inc. Agile Access Control Inc. A0 Chev[n Fleet Solutions DeC|erkLPGas, Inc. eRepubUc Flagship Fleet Management G4S Integrated Fleet Services LLC LHP Telema,ticsLLC Mercury Associates PHH QEK RouteMatch Software, Inc. Stoops Freightliner —Quality Trailers Trak Ut0imamc,|mc. VVeather8ELLAnalytics LLC State ofFlorida State, ofMontana Syn -Tech Systems, Inc. Fue|$Nms&er AdomaniE8ec1hc Air -Trak Cal Amp Wireless Networks CnmpassComm E.J.VVard ETK4 F|eeho Kelley Imaging Systems Local Motion KAultiforceSystems Corporation PovverGrip Manufacturing Ltd. RAM Mounting Systems RTA Fleet TeMeDo1LC True Track bvVeterus, Inc. Verizon Enterprise Solutions ZooarSystems, Inc. State ofIowa State nfSouth Carolina Page 405 of 717 State ofWest Virginia Late RFP requests received from: 4acmure|US4 AV| -SPL CarLadte Bids were opened on May 16, 2013 at the NJPA offices located at 202 12th Street Northeast in Staples, Minnesota 5G479.All bids received were deemed responsive. Bids were received from the following: Agile Access Control Inc, Assetworkn Inc. Call Amp Wireless Networks |nvers Mobility Solutions Inc, LHP Telematics LL[ Multi Force Systems Corporation National Products, Inc. Netvvo/kMeet KnuteMatchSoftware, Inc. Syn -Tech Systems, Inc. Fue|K4as1er Tek4eDaLiC U10imarc,|nc ZnnarSystems, Inc. Bids were reviewed bvthe Proposal Evaluation Committee consisting of: Ginger Line, CPPB, NUPAContract Specialist Gregg K4eierhofe/,CPPO,N]PABids and Contracts Officer T/acyP|inske 0]PAContract Specialist Keith Hanson, CPA, NJP4Accounting Manager Maureen Knight, ]Dand BBA, W]PAContracts and Compliance Manager Misty Myers, J D, NJ PA Attorney The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee used the established NJP4 RFP evaluation criteria and determined that all responses met the expectations of Level One and Level Two Responsiveness. Agile Access Control, |mc,Syn-Tech Systems,Inc. /FuelMastehand National Products, Inc. all provided very strong responses with highly competitive pricing and a strong ability to sell and sen/ice nationally. Agile offers a wide variety of options that integrate with other systems and software as a service or a perpetual license. Their core product has powerful features to manage vehicles and drivers including maintenance, fuel management, odometer collection, risk management, carpooling and reporting. Syn -Tech has astrong product along with exceptional past industry success, a strong sales and distribution system, and ax00d marketing plan. Syn -Tech offers automated fuel management and munitions loading systems along with engineering design and systems integration. National Products, Inc. offers very strong industry and marketplace success with their RAM mounting systems as well as a large network of dealers across the nation and exceptional warranties. They manufacture rugged mounting solutions for electronic devices in any vehicle, vessel oraircraft for positioning on any surface, inside or outside. Page 406 of 717 NetmxzrkFIeetsresponse had competitive pricing, quality products and alarge reseller network across the U.S They offer quality GPS devices for fixed or movable fleet assets, location tracking and remote diagnostic, plug and play devices, web based vehicle tracking, and exceptional training and support programs aswell. AssmtworkS |mc,Ca|ArnpWireless Networks and RouteK&atchSoftware, Inc. all provided competitive responses. Assetworks has solid experience and success, a very strong industry presence and offers a wide variety mfproducts imfleet and fuel operations and management. Ca|Arnphas competitive pricing for its broad selection ofquality products. They offer Mobile Data and Mobile Resource Management (K4RKN), wireless data solutions, communications and services through their strong, company sales force. RooteMatrh also offers awide variety ofproducts and very competitive pricing. They have extensive industry experience in and offer Intelligent Transportation Systems and fleet management apps, GPS fleet tracking, MRM through Enterprise sBftvvBm2 platform, fully integrated single database, single app fixed route CAD, and paraLrans|t solutions. ZonarSystems, Inc. had asolid response inregards toindustry experience and success. They offer aunique GPS, onboard computing system for electronic vehicle inspection reporting. For these reasons the NJPA Proposal Review Committee recommends award of NJPA #051613 to Agile Access Control, Inc. 051613-AAC 4sset\Vorks|mc. 051613 -AW| Ca|4nnpVVine|ess Networks Corporation 051613-[AVV National Products, Inc. 0516I3 -NAT Network Fleet 051613'NVVF RouteMa&ohSoftware, Inc. 051613'RK4| Syn -Tech Systems, Inc. 851613 -SYS ZonarSystems, Inc. 051613'ZS| GreggGinger Line, CP B -acts Specialist Date Antf &e�� A.4 k0 Date ~�~ Y—A- Tracy P|in e, Contracts Specialist Date Keith Hanson, CPA, Accounting Manager Date Maureen Knight, JD, BBA, Contracts & Compliance Manager Date Page 407 of 717 www.nipacoop.org Proposal Opening Witness Date of opening: May 16, 2013 40JPA National Joint Powers Alliance 200 First 5freet NE Slaples, MN 56479 The witnesses signed below hereby witness they were present on the above date and in witness of the public opening of all responses received to the Request For Proposal #051613 for the procurement of FLEET MANAGEMENT AND RELATED TECHNOLOGY SOLUTIONS by NJPA and NJPA Members. Proposals are evaluated first on responsiveness then on the other criteria included in the RFP. Responsiveness consists of the following criteria: 1, Was the response received prior to the deadline of submission? 2. Was the response properly packaged and addressed? 3. Did the response contain the proper bid bond? 4. Did the response include documents with original signatures that were required? Responses were received from the following: Agile Access Control Inc. — received 5113113 at 11:39am Bidder deemed responsive Assetworks, Inc. — received 5114113 at 12:03pm Bidder deemed responsive Cal Amp Wireless Networks -- received 5114113 at 10:36am Bidder deemed responsive Invers Mobility Solutions Inc. — received 5113/13 at 11:39am Bidder deemed responsive LHP Telematics LLC -- received 5/15113 at 12:20pm Bidder deemed responsive Multi Force Systems Corporation — received 5/14113 at 12:03pm Flash Drive empty Certificate of Insurance missing National Products, Inc. — received 5/15113 at 12:20pm Bidder deemed responsive Networkfleet -- received 5/15113 at 11:07am Bidder deemed responsive RouteMatch Software, Inc. — received 5115/13 at 11:07am Bidder deemed responsive Syn -Tech Systems, Inc. FuelMaser — received 5/14113 at 10:36am Bidder deemed responsive TeMeAa LLC — received 5/15113 at 12:20pm Bidder deemed responsive Utilimare, Inc. — received 5115/13 at 12:21 pm Bidddmed responsive hi;L c, — received 517113 at 11:27amed responsive Page 408 of 717 www.nipocoop.org WITNESSES: r Gregg Wj rhofer, Bid34mj/ContrXts Officer, NJPA Specialist, NJPA s Specialist, NJPA 51161.13 5116/13 5116113 5116113 Christoffersen, Administrative Specialist, NJPA K, xe_5116113 gni on cts and Compliance Manager, NJPA 5116113 Paul An&rson, CoAtract Manager, NJPA 5 4 -,,( PA National Joint Powers Alliance* 200 First Strut hS Staple,, NN 56479 Page 409 of 717 Notice To Bidders Page 1 of 3 Welcome to NoticeTOBidders.com website. Please send all questions or comments to Gregg Meierhofer at 218-894-5473 or Gregg.Meierhofergnjpacoop.org FLEET MANAGEMENT RELATED TECHNOLOGY SOLUTIONS The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of FLEET MANAGEMENT RELATED TECHNOLOGY SOLUTIONS. Details of this RFP are available beginning April 4, 2013 and continuing until May 9, 2013. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at �Pr<cniyacooy.or6. Proposals will be received until May 15, 2013 at 4:30 p.m. Central Time at the above address and opened May 16, 2013 at 8:00 A.M. Central Time. INDEFINITE QUANTITY CONSTRUCTION CONTRACT (IQCC) - ROOFING CONSTRUCTION AND REPAIR In the States of: (MN, WI, IL, IA, MI, IN, KY, TN, NC, SC, & CO) The National Joint Powers Alliance® (NJPA) issues this Invitation To Bid (ITB/IFB) on behalf of, and to provide Indefinite Quantity Construction/Roofing/Repair Contracting (IQCC) services to all government and educational agencies to include colleges, universities and non-profit agencies. It is the intention of NJPA to award multiple contracts in all Areas listed above. Each contract has an initial term of one (1) year and bilateral option provisions for three (3) additional terms. The estimated annual value is $2,000,000. The total term of the contract cannot exceed four (4) years. IQCC also known as Job Order Contracting (JOC) is a contracting procurement system that provides facility owner's access to "on-call' contractors to provide immediate construction/roofing/repair services over an extended period of time. Intending bidders are required, to attend a pre-bid webinar which shall be conducted for the purpose of discussing the IQCC procurement system, the contract documents, and bid forms. Attendance at one of the seminars is a mandatory condition of bidding. Pre -Bid Webinars will be held on March 13, 2013 1:00 P.M. CT, April 2, 2013 at 1:00 P.M. CT via a Webinar hosted by NJPA. The Webinar will require the Contractor to pre -register at h44p.//www.nipacoop. org/ez.iGc-registration. Go to the Website and select the appropriate Webinar and fill-in all the information. An electronic (CD) copy of the ITB/IFB Documents which include the instructions for submitting a bid and the bid documents may be obtained by letter of request to Matthew Peterson, NJPA, 202 12th Street NE, Staples, MN 56479, or by email request to E21QCC_NJ PAC 00 P.orq. All requests must include mailing address, email address, contact name, phone number. Bids are due by 4:30 p.m. CT on April 9, 2013 and will be opened at 9:00 a.m. on April 10, 2013. ITB/IFB Documents will be available until the bid opening date of April 10, 2013. Direct questions regarding this ITB/IFB to: Matthew Peterson EZIQC a,NJPACOOP. orq or (218) 894-5493. INDEFINITE QUANTITY CONSTRUCTION CONTRACT (IQCC) - BAY AREA AND SACRAMENTO AREA CALIFORNIA The National Joint Powers Alliance® (NJPA) issues this Invitation For Bid (IFB) on behalf of, and to provide Indefinite Quantity Construction Contracting (IQCC) services to all current and potential NJPA Members including all government agencies, education agencies to include colleges and universities, and non-profit agencies in the Bay Area and Sacramento Area of California. It is the intention of NJPA to award multiple contracts for construction services in each of these areas. Each contract has an initial term of one (1) year and bilateral option provisions for three (3) additional terms. The estimated annual value is $2,000,000. The total term of the contract cannot exceed four (4) years. IQCC also known as Job Order Contracting (JOC) is a contracting procurement system that provides facility owner's access to "on-call' contractors to provide immediate construction, repair and renovation services over an extended period of time. Intending bidders are required to attend a pre-bid seminar which shall be conducted for the purpose of discussing the IQCC procurement system, the contract documents, and bid forms. Attendance at one of the seminars is a mandatory condition of bidding. 3/20/13 10:00 a.m. Hilton Garden Inn, 2200 Gateway Court, Fairfield CA, 94533 — 707-426-6900 A Pre -Bid Webinar will be hosted by NJPA on 3126113 1:00 P.M. CT. The Webinar will require the Contractor to pre -register at: http.//www.nipacoop. org/ez.igc-registration. Go to the Website and select the appropriate Webinar and fill-in all the information. An electronic (CD) copy of the IFB Documents which include the instructions for submitting a bid and the bid documents may be obtained by letter of request to Matthew Peterson, NJPA, 202 12th Street NE, Staples, MN 56479, or by email request toQQC r@NJPACGOp.org. All requests must include; mailing address, email address, contact name, phone number. Bids are due by 4:30 p.m. CST on April 9 2013 and will be opened at 9:00 a.m. on April 10, 2013. IFB Documents will be available until the bid opening date of April 10, 2013. Direct questions regarding this ITB/IFB to: Matthew Peterson EZIQC(cb NJPACOOP.orq or (218) 894-5493 Addendum 1 INDEFINITE QUANTITY CONSTRUCTION CONTRACT (IQCC) - Norfolk, V The National Joint Powers Alliance® (NJPA) issues this Invitation For Bid (IFB) on behalf of, and to provide Indefinite Quantity Construction Contracting (IQCC) services to NJPA, current and potential NJPA government, education, and non-profit Members in the radius of 75 miles of Norfolk, VA. It is the intention of NJPA to award one or more contracts for General Construction services. Each contract has an initial term of one (1) year and bilateral option provisions for three (3) additional one year periods. The total term of the contract cannot exceed four (4) years. IQCC also known as Job Order Contracting (JOC) is a construction contracting procurement system that provides facility owners access to "on-call' contractors to provide immediate construction services over an extended period of time. Intending bidders are required, to attend a pre-bid seminar which shall be conducted for the purpose of discussing the IQCC procurement system, the contract documents, and bid forms. Attendance at the seminar is a mandatory condition of bidding. The pre-bid seminar will be held Tuesday February 26, 2013 from 9:30 — 1130 AM Tidewater Community College Regional Workforce Development Center Room #114/116 — (7000 College Drive, Suffolk, VA 23435) Page 410 of 717 http://www.noticetobidders.com/ 4/3/2013 Notice To Bidders Page 2 of 3 An electronic (CD) copy of the IFB Documents which include the instructions for submitting a bid and the bid documents may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th St. Northeast, Staples, MN 56479, or by email request to EZIQC a,NJPACOOP.org. All requests must include mailing address, email address, contact name, and phone number. Bids are due by 4:30 p.m. CDT on March 12, 2013 and will be opened at 9:00 a.m. on March 13, 2013. Direct questions regarding this IFB to: Gregg Meierhofer EZ(QCa NJPACOOP.org or (218) 894-5473. FACILITY SECURITY EQUIPMENT, SYSTEMS AND SERVICES WITH RELATED EQUIPMENT, AND SUPPLIES The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of FACILITY SECURITY EQUIPMENT, SYSTEMS AND SERVICES WITH RELATED EQUIPMENT, AND SUPPLIES. Details of this RFP are available beginning February 8, 2013 and continuing until February 25, 2013. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFPCampacoop.org. Proposals will be received until March 19, 2013 at 4:30 p.m. Central Time at the above address and opened March 20, 2013 at 8:00 A.M. Central Time. Addendum -I Addendum -2 Addendum =3 MUNICIPAL WATER AND -OR SEWER INFRASTRUCTURE WITH RELATED SUPPLIES AND -OR EQUIPMENT The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of MUNICIPAL WATER AND -OR SEWER INFRASTRUCTURE WITH RELATED SUPPLIES AND -OR EQUIPMENT. Details of this REP are available beginning January 31, 2013 and continuing until February 15, 2013. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast P.O. Box 219, Staples, MN 56479, or by e-mail at RFPCampacoop.org. Proposals will be received until March 20, 2013 at 4:30 p.m. Central Time at the above address and opened March 21, 2013 at 8:00 A.M. Central Time. Addendum -I INDEFINITE QUANTITY CONSTRUCTION CONTRACT (IQCC) - CENTRAL CALIFORNIA The National Joint Powers Alliance® (NJPA) issues this Invitation For Bid (IFB) on behalf of, and to provide Indefinite Quantity Construction Contracting (IQCC) services to all current and potential NJPA Members including all government agencies, education agencies to include colleges and universities, and non-profit agencies in individual areas of Central California. It is the intention of NJPA to award multiple contracts for construction services in each of these areas. Each contract has an initial term of one (1) year and bilateral option provisions for three (3) additional terms. The estimated annual value is $2,000,000. The total term of the contract cannot exceed four (4) years. IQCC also known as Job Order Contracting (JOC) is a contracting procurement system that provides facility owner's access to "on-call' contractors to provide immediate construction, repair and renovation services over an extended period of time. Intending bidders are required to attend a pre-bid seminar which shall be conducted for the purpose of discussing the IQCC procurement system, the contract documents, and bid forms. Attendance at one of the seminars is a mandatory condition of bidding. 2/13/12 10:00 a.m. County of Fresno, Purchasing Conference Room 2nd Floor, 4525 E. Hamilton Ave. Fresno, CA 93702 A Pre -Bid Webinar will be hosted by NJPA on 2/19/13 10:00 A.M. CST. The Webinar will require the Contractor to pre -register at: h44p.//www.nipacoop.org/ez.iGc-registration. Go to the Website, select the appropriate Webinar and fill-in all the information. An electronic (CD) copy of the IFB Documents which include the instructions for submitting a bid and the bid documents may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street NE, Staples, MN 56479, or by email request toZ.IQC(r,`7NJPACOOP.org. All requests must include, mailing address, email address, contact name, phone number. Bids are due by 4:30 pm CST on February 27, 2012 and will be opened at 9:00 am on February 28, 2013. IFB Documents will be available until February 27, 2013. Direct questions regarding this IFB to: Matthew Peterson EZIQC a,NJPACOOP.org or (218) 894-5493. INDEFINITE QUANTITY CONSTRUCTION CONTRACT (IQCC) - ILLINOIS AND WISCONSIN The National Joint Powers Alliance® (NJPA) issues this Invitation For Bid (IFB) on behalf of, and to provide Indefinite Quantity Construction Contracting (IQCC) services to all current and potential NJPA Members including all government agencies, education agencies to include colleges and universities, and non-profit agencies in individual areas of I1 -01 -Northern Illinois, I1 -02 -Central Illinois, I1 -03 -Southern Illinois, W101 -Northern Wisconsin, W102 -Green Bay Wisconsin and W103 -Southern Wisconsin. It is the intention of NJPA to award multiple contracts for construction services in each of these areas. Each contract has an initial term of one (1) year and bilateral option provisions for three (3) additional terms. The estimated annual value is $2,000,000. The total term of the contract cannot exceed four (4) years. IQCC also known as Job Order Contracting (JOC) is a contracting procurement system that provides facility owner's access to "on-call' contractors to provide immediate construction, repair and renovation services over an extended period of time. Intending bidders are required to attend a pre-bid seminar which shall be conducted for the purpose of discussing the IQCC procurement system, the contract documents, and bid forms. Attendance at one of the seminars is a mandatory condition of bidding. 2/12/13 1000 a.m. Radisson, Green Bay - 2040 Airport Drive, Green Bay, WI 54313 2/13/13 1000 a.m. Courtyard Chicago Elmhurst/Oakbrook Area - 370 N IL Route 83, Elmhurst, IL 60126 2/14/13 1000 a.m. Courtyard Marriott Springfield - 3462 Freedom Drive Springfield, IL 62704 A Pre -Bid Webinar will be hosted by NJPA on 2/19/13 10:00 A.M. CST. The Webinar will require the Contractor to pre -register at: h44p. //www.nipacoop.org/ez.igc-registration. Go to the Website, select the appropriate Webinar and fill-in all the information. An electronic (CD) copy of the IFB Documents which includes the instructions for submitting a bid and the bid documents may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street NE, Staples, MN 56479, or by email request to EEIQCCcDNJF'ACiJiJ P.arg. All requests must include, mailing address, email address, contact name, phone number. Bids are due by 4:30 pm CST on February 27, 2012 and will be opened at 9:00 am on February 28, 2013. IFB Documents will be available until February 27, 2013. Direct questions regarding this IFB to: Matthew Peterson EZIQC a,NJPACOOP.org or (218) 894-5493. PLAYGROUND AND RECREATION RELATED EQUIPMENT, ACCESSORIES, AND SUPPLIES The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of PLAYGROUND AND RECREATION RELATED EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this RFP are available beginning January 9, 2013 and continuing until January 25, 2013. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e- mail at RFPCampacoop.org. Proposals will be received until February 20, 2013at 4:30 p.m. Central Time at the above address and opened February 21, 2013 at 8:00 A.M. Central Time. Addendum -I RECYCLING SOLUTIONS WITH RELATED EQUIPMENT ACCESSORIES, SUPPLIES AND SERVICES The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of RECYCLING SOLUTIONS WITH RELATED EQUIPMENT ACCESSORIES, SUPPLIES AND SERVICES. Details of this RFP are available beginning December 28, 2012 and continuing until January 16, 2013. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RETCampacoop.org. Proposals will be received until February 6, 2013 at 4:30 p.m. Central Time at the above address and opened February 7, 2013 at 8:00 A.M. Central Time. Addendum -I Addendum -2 PRESCRIPTION DRUGS R ITH RELATED GOODS AND SERVICES Page 411 of 717 http://www.noticetobidders.com/ 4/3/2013 Notice To Bidders Page 3 of 3 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of PRESCRIPTION DRUGS WITH RELATED GOODS AND SERVICES. Details of this RFP are available beginning December 10, 2012 and continuing until December 24, 2012. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RI "ci it acoo 6. Proposals will be received until January 17, 2013 at 4:30 p.m. Central Time at the above address and opened January 18, 2013 at 8:00 A.M. Central Time. ROAD MAINTENANCE EQUIPMENT WITH RELATED ACCESSORIES, SERVICES, AND SUPPLIES The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non - Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of ROAD MAINTENANCE EQUIPMENT WITH RELATED ACCESSORIES, SERVICES, AND SUPPLIES. Details of this RFP are available beginning October 31, 2012 and continuing until November 14, 2012. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at �P'c[-niyacoop.or6. Proposals will be received until November 30, 2012 at 4:30 p.m. Central Time at the above address and opened December 3, 2012 at 8:00 A.M. Central Time. Addendum =1 Addendum -2 Addendum =3 Page 412 of 717 http://www.noticetobidders.com/ 4/3/2013 FLEET MANAGEMENT RELATED TECHNOLOGY SOLUTIONS Page 1 of 1 888-894-1930 Sitemap NJPAccess for Vendors Search GO Home Contract Purchasing Solutions Regional Programs Education Solutions About NJPA Contact Us Contract Solutions ez1QC )oin N3PA Legal Authority Procurement Process Contract Purchasing FAQ Become A Vendor Home Page Contract Purchasing Solutions Become A Vendor Current & Pending Solicitations FLEET MANAGEMENT RELATED TECHNOLOGY SOLUTIONS FLEET MANAGEMENT RELATED TECHNOLOGY SOLUTIONS Email This Page Share This Print SOLUTIONS The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non -Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of FLEET MANAGEMENT RELATED TECHNOLOGY SOLUTIONS. Details of this RFP are available beginning April 4, 2013 and continuing until May 9, 2013. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP(7o nipacoop.orci. Proposals will be received until May 15, 2013 at 4:30 p.m. Central Time at the above address and opened May 16, 2013 at 8:00 A.M. Central Time. To obtain RFP documents: Send a letter of request to National Joint Powers Alliance Attn: Gregg Meierhofer 202 12th Street NE Staples, MN 56479 or by e-mail at RFP(o),nipacoop.org. Pre -Proposal Conference: TBD Sealed proposals due: May 15, 2013 at 4:30 pm. Proposals will be publicly opened: May 16, 2013 at 8:00 a.m. CST NJPA reserves the right to reject any and all proposals. Learn More I Contract Solutions About NJPA Contract Purchasing Our Board Search Contracts Careers Legal Authority NJPA Staff Procurement Process Contact Us Contract FAQs Become a Vendor Regional Regional Programs Region 5 Members Academic Programs Student Recognition Early Childhood Center Low Incidence Health & Safety Shared SeNICes Rebates News & Events NJPA News News RSS Feed NJPA Newsletter Newsletter Request 888-894-19301 info@njpaeoop.orgl 202 12th Street NE, P.O. Box 219, Staples, MN 56479 «.) Copyright 2012 National Joint Powers Alliancel Minnesota Web Design Join NJPA Member Benefits Become A Member Contact NJPA Page 413 of 717 http://www.njpacoop. org/contract-purchasing-solutions/become-a-vendor/current-pending-s... 4/3/2013 V PUBLIC HEARING 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-017 - FIRST READING - Approve City ordinance creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. EXPLANATION OF REQUEST: Property Assessed Clean Energy (PACE) is a program, which provides upfront capital to property owners to invest in energy -efficiency, renewable energy or wind -resistance improvements to their property. The property owner's participation is entirely voluntary and simply puts in place the security and repayment mechanism using a centuries-old tool of municipal government finance: the non -ad valorem assessment. PACE financing can be used to pay for energy efficiency, renewable energy or wind -resistance improvement upgrades to residential, multifamily, commercial and agricultural buildings. Energy conservation and efficiency improvement, is a measure to reduce consumption through conservation or a more efficient use of electricity, natural gas, propane, or other forms of energy on the property, including, but not limited to, air sealing; installation of insulation; installation of energy-efficient heating, cooling, or ventilation systems; building modifications to increase the use of daylight; replacement of windows; installation of energy controls or energy recovery systems; installation of electric vehicle charging equipment; and installation of efficient lighting equipment. Renewable energy improvement is the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses one or more of the following fuels or energy sources: hydrogen, solar energy, geothermal energy, bioenergy, and wind energy. Wind resistance improvements, include, but are not limited to: • Improving the strength of the roof deck attachment; • Creating a secondary water barrier to prevent water intrusion; • Installing wind -resistant shingles; • Installing gable -end bracing; • Reinforcing roof -to -wall connections; • Installing storm shutters; or • Installing opening protections. Under Section 163.01 of the Florida State Statues, local governments may enter into interlocal agreements for their mutual benefits and allows for the creation of a separate legal or administrative entity to carry out the purposes of an interlocal agreement. Section 163.08 of the Florida State Statues provides subject to local government ordinance or resolution, that a property owner may apply to the local government for funding to finance a qualifying improvement and enter into a financing agreement with the local government. Costs incurred by the local government for such purpose may be collected as a non -ad valorem assessment. A non -ad valorem assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), shall not be subject to discount for early payment. Page 414 of 717 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By adopting minimum standards the City of Boynton Beach will be able to provide property owners the ability to finance energy improvements to their properties through assessments on their tax bills. This program will encourage energy efficient practices and create jobs. It will impact the City's carbon footprint by reducing greenhouse gas emissions and helping to meet our goal of an 18% reduction of GHG emissions by 2035. FISCAL IMPACT. Budgeted There is no fiscal impact to the City as all costs for the program will be borne by third party entities. ALTERNATIVES: Do not approve the minimum standards for PACE programs and do not move forward with any PACE programs at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation Initiative # 4.5.2 (8) "Investigate low interest revolving loan funds for establishment of a Property Assessed Clean Energy ("PACE')program to help finance retrofits. Ensure the program includes commercial, residential, and industrial projects to maximize energy retrofit benefits among the highest energy consumers. " Is this a grant? No Grant Amount: ATTACHMENTS: Type Description 03rdinance 03rdinance Creating PACE program REVIEWERS: Department Reviewer Action Date Development Mack, Andrew Approved 7/20/2016 - 3:12 PIVD Assistant City Manager Groff, Colin Approved 7/20/2016 - 3:40 PIVD Finance Howard, Tim Approved 8/1/2016 - 2:06 PIVD Legal Swanson, Lynn Approved 8/8/2016 - 8:47 AIV City Manager LaVerriere, Lori Approved 8/0/2016 - 12:55 PIVD Page 415 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE OF ORDINANCES, BY CREATING A NEW ARTICLE XVI, ENTITLED "REQUIREMENTS FOR CITY OF BOYNTON BEACH'S PROPERTY ASSESSED CLEAN ENERGY PROGRAMS ("PACE")"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Property Assessed Clean Energy (PACE) is a program which provides upfront capital to property owners to invest in energy -efficiency, renewable energy or wind - resistance improvements to their property; and WHEREAS, the property owner's participation is entirely voluntary and puts in place the security and repayment mechanism using a centuries-old tool of municipal government finance; the non -ad valorem assessment; and WHEREAS, by adopting these minimum standards the City of Boynton Beach will be able to provide property owners the ability to finance energy improvements to their properties through assessments on their tax bills and the program will encourage energy efficient practices and create jobs; and WHEREAS, the City Commission finds it is in the best interest of the health, safety, and welfare of the public to increase the business tax receipt fees for businesses in the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1 Page 416 of 717 30 Section 2. That Chapter 2, "Administration" is hereby amended by creating a new 31 Article XVI, entitled " Requirements for City of Boynton Beach's Property Assessed Clean 32 Energy programs ("PACE"), to read as follows: 33 Chapter 2 Administration 34 Article XVI. Requirements for City of Boynton Beach's Property Assessed Clean Energy 35 programs ("PACE"). 36 37 (a) Definitions. For purposes of this Section, the following words and phrases shall 38 have the following meanings: 39 40 (1) Financing Agreement shall mean the financing agreement or the summary 41 memorandum of such agreement required to be recorded in the public records 42 pursuant to the PACE Statute. 43 44 45 (2) PACE assessment shall mean the non -ad valorem assessment placed on a 46 property owner's tax bill as a result of financing obtained under the PACE Statute. 47 48 (3) PACE local government shall mean a local government (as defined in the PACE 49 Statute) that has taken all required actions to fund PACE improvements, and any 50 person or entity acting on that local government's behalf. 51 52 (4) PACE Statute shall mean Section 163.08, Florida Statutes, which establishes 53 Florida's PACE program. 54 55 (b) In addition to any disclosure requirements in the PACE Statute. PACE local 56 governments that extend financing pursuant to the PACE Statute and levy a non -ad 57 valorem assessment to fund the PACE improvements shall present to the property 58 owner a separate, written notice disclosing the following ("Notice") 59 60 (1) The full legal description of the property subject to the PACE assessment: 61 62 (2) The total amount of the debt, including amount financed, fees, fixed interest rate. C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53-8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4 42sz �fi 4 Page 417 of 717 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 10 0 0 0 .. o. 90 91 92 93 94 95 96 97 98 capitalized interest and the effective rate of the interest charged [APRL; (3) The repayment process, amounts and a schedule that fully amortizes the amount financed including the maximum annual PACE assessment; (4) That the PACE assessment will appear on the property owner's tax bill; (5) That there is no discount for paying the PACE assessment earl; (6) The nature of the lien recorded and that the PACE assessment will be collected in the same manner as real estate taxes, that failure to pay the PACE assessment may cause a tax certificate to be issued against the property. and that failure to nay may result in the loss of property subject to the PACE assessment, including homestead property. in the same manner as failure to pay property taxes; and (7) The specific improvements to be installed and that the property improvements and PACE assessment may or may not affect the overall value of the property. (8) A term that does not exceed the useful life of the majority of the improvements, (9) The 3 -day right to cancel the financing, (10) FHFA policy toward PACE. (c) The Notice must be delivered to the property owner by the PACE local government, and must be signed and dated by the property owner prior to or contemporaneously with the property owner's signing of any legally enforceable documents obligating the property owner to participate in the PACE program or to repay financing obtained pursuant to a financing agreement or the PACE Statute. (d) The PACE local government shall record, or cause to be recorded, the signed Notice in the public records as an attachment to the Financing Agreement, which must also be recorded pursuant to the PACE Statute. (e) EliSible Properties. PACE Programs may finance improvements on residential C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53-8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4 42sz �fi 3 Page 418 of 717 99 properties 4 units or less) that meet the following criteria: (a) All mortgage -related debt on 100 the Property may not exceed 90% of the Property's fair market value (FMV), b) The 101 financing may not exceed (i) twenty percent 20%) of the just value of the property consistent 102 with the PACE Statute (c) The total mortgage -related debt on the underlying Property plus 103 program financing may not exceed the FMV of the Property. PACE programs may finance 104 improvements on commercial, industrial, agricultural, multi -family residential properties of 5 105 or more units, and other non-residential properties. IO 107 (f) Ei ib�provements. When energy efficiency and renewable energy improvements 108 are financed by PACE assessment they must be permanently affixed to the property. All 109 improvements and products must meet standards established by the U.S. Department of 110 Energy, the U.S. Environmental Protection Agency, or Florida state agencies. All 111 improvements must comply with the PACE Statute for energy efficiency, renewable energy 112 and wind resistance. 113 114 (g) Complaints and Dispute Resolution. The Program must receive, manage, track, timely 115 resolve, and report on all inquiries and complaints from property owners. In addition, the 116 Program must investigate and mediate disputes between property owners and contractors. 117 118 (h) Data Security. The Program is responsible for taking security measures that protect 119 the security and confidentiality of consumer records and information in proportion to the 120 sensitivity of the information. 121 122 (i) Consumer Privacy. The Program must develop and maintain a privacy policy that 123 complies with state and federal law (e.g., the Gramm Leach Bliley Act) and, in particular, 124 prohibits sharing with third parties personal identifying information of property owners 125 without the DrODertv owner's exbress authorization excebt where exbressly Dermitted by state 126 and federal law 127 128 (i) Marketing and Communications. The Program prohibits marketing practices that are 129 or could wear to be unfair, deceptive, abusive, and/or misleading, that violate laws or 130 regulations, that provide tax advice, that are inappropriate, incomplete or are inconsistent with 131 the Program's purpose. 132 133 (k) Protected Classes. The Program must develop and implement a program that validates C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53 8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4) 42fsz �fi M Page 419 of 717 134 elder homeowner (i.e., homeowners over 64 years old) understanding of the eligible 135 improvement project for which they are seeking Program financing, including the terms of 136 such financing. 137 138 (1) Contractor Management. The Program must ensure that contractors are licensed by 139 the appropriate State and Local agencies, and that they are insured and bonded. Additionally, 140 contractors must agree to follow program marketing guidelines, and act in good faith to timely 141 resolve property owner complaints. 142 143 (m) Maximum Financing Amounts. The Program will establish Maximum Financing 144 Amounts for every project type. The Program will establish pricing rules to ensure that 145 consumers are protected from excessive charges. 146 147 (n) Reporting. The Program will report on a quarterly basis to its local government 148 partners on the number of applications submitted, projects completed, energy saved, and jobs 149 created as a result of the Program. 150 151 (o) Closing and Funding. The Program requires that the property owner and the 152 contractor sign a certificate of completion prior to providing funding to the 153 contractor for the project. The Program also requires that any necessary permits are 154 nulled and verified prior to funding. The Program will conduct a randomized onsite 155 inspection protocol to verify that the appropriate financed products have been 156 ' installed. 157 158 Section 3. Each and every other provision of Chapter 2, of the Code of Ordinances of 159 the City of Boynton Beach not herein specifically amended shall remain in full force and 160 effect as previously enacted. 161 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 162 same are hereby repealed. 163 Section 5. Should any section or provision of this ordinance or portion hereof, any 164 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 165 such decision shall not affect the remainder of this ordinance. 166 Section 6. Authority is hereby granted to codify said ordinance. 167 Section 7. This ordinance shall become effective immediately upon passage. C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53 8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4) 42fsz �fi 6 Page 420 of 717 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\C95FEBBE-FO51-4F53-8CB5-F929825B6D5B\Bovnton Beach.37561.PACE Program - Ordinance.doct� 4 42sz �fi Page 421 of 717 M PUBLIC HEARING 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-018 - FIRST READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State - Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. EXPLANATION OF REQUEST: These amendments are part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191, Florida Statutes. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (DEO - the Department of Economic Opportunity) by letter of this determination according to a published schedule. The statutory language also encourages local governments to comprehensively evaluate and, if necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the emphasis placed on the response to the new language codified on July 1, 2015, following the 2015 Session of the Florida Legislature. The new requirements pertain to the expansion of flood mitigation measures for redevelopment in coastal areas. The State's requirements are both broad and comprehensive, and after close coordination with reviewers from the state planning office staff proposes extensive amendments to the City's policies in attempt to address all intended requirements. It is difficult at this time to anticipate the ultimate impact on the city of some of these new policies, and almost equally as difficult to summarize the changes in this narrative. However, all proposed programs and activities have merit in addressing this problem and would include more detailed identification and mapping functions, a commitment to steering populations (particularly special needs persons) away from certain flood prone areas, closer examination of permit applications for use of best available methods and materials to mitigate flood damage, regular review of codes and regulations for optimal promotion of flood mitigation, and through coordination with the County -wide efforts charged with addressing hazard mitigation. The proposed policies also reference the City's Climate Action Plan and the commitment to considering the identification of Adaptation Action Areas. Additionally, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completions and changes in City programs, and a Flood Hazard Map Series that will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. The Planning and Development Board recommended approval of the subject amendments on July 26, 2016. Please note that a map and related comments have been added to the transmittal package pursuant to Page 422 of 717 a recommendation received from the DEO subsequent to the Board's meeting. The map shows flood -prone areas that are likely to be included in the future study which will evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177 and the Boynton Beach Climate Action Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Implementation of the action item 1.11 under "Great Neighborhoods: Safe, Affordable and Livable" (FY 2015/16) CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Incorporation of policies committing the City to the continued implementation of the Climate Action Plan, including the study for establishment of Adaptation Action Areas Is this a grant? Grant Amount: Reviewer ATTACHMENTS: Date Type Description D Ordinance Ordinance approving text amendments to Coastal Utilities Management D Staff Report Staff Report D Exhibit EhibitA, Proposed Amendments D Exhibit Exhibit B. Map Series REVIEWERS: Department Reviewer Action Date Planning & Zoning Pyle, Judith Approved 3/2/2016 - 10:02 AIV Utilities Groff, Colin Approved 6/10/2016 - 1:46 PIVD Finance Howard, Tim Approved 6/10/2016 - 2:21 PIVD Legal Swanson, Lynn Approved 6/11/2016 - 0:10 AIV City Manager LaVerriere, Lori Approved 6/11/2016 - 2:38 PIVD Page 423 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT TO ADDRESS NEW STATUTORY REQUIREMENTS PERTAINING TO PREVENTION/MITIGATION OF FLOOD HAZARDS IN THE COASTAL AREAS ALONG WITH UPDATING THE REMAINING OBJECTIVES AND POLICIES TO ACCOUNT FOR COMPLETION AND CHANGES IN THE CITY'S PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on August 19, 2008 the City Commission, via Ordinance 08-007, adopted amendments to the City's Comprehensive Plan which included amendments to the Coastal Management Element; and WHEREAS, the proposed amendments, based on the current Evaluation and Appraisal Review (EAR) are limited to the Coastal Management Element and pertain to the expansion of flood mitigation measures for redevelopment in coastal areas; and WHEREAS, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completion and changes in City Programs and a Flood Hazard Map Series that will be added to the Coastal Management Element Support document; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to adopt the EAR -based amendments into the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: -1- Page 424 of 717 I Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 adopts the amendments to the Comprehensive Plan Coastal Management Element for 5 transmittal to the Department of Economic Opportunity for the State -Coordinated Review 6 which address new statutory requirements pertaining to prevention/mitigation of flood hazards 7 in the coastal areas and update the remaining objectives and policies to account for completion 8 and changes in the City's programs, a copy of which is attached hereto as Exhibit "A". 9 Section 3. The City Commission hereby certifies that it shall and will conduct such 10 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 11 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 12 conduct and publish same, as provided by general law. 13 Section 4. The City Commission hereby authorizes the appropriate City officials to 14 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 15 as amended herein, to the State of Florida Department of Community Affairs and to any other 16 governmental agency having jurisdiction with regard to the approval of same in accordance 17 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 18 Amendments available for public review and examination at Boynton Beach City Hall. 19 Section 5. All laws and ordinances in conflict with any provisions of this ordinance 20 are hereby repealed. 21 Section 6. Should any section or provision of this Ordinance or any portion thereof 22 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the -2- Page 425 of 717 I remainder of this Ordinance. 2 Section 7. This Ordinance shall become effective immediately upon passage. 3 FIRST READING this day of , 2016. 4 SECOND, FINAL READING AND PASSAGE this day of , 2016. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor — Steven B. Grant 11 12 Vice Mayor — Mack McCray 13 14 Commissioner — Justin Katz 15 16 Commissioner — Christina L. Romelus 17 18 Commissioner — Joe Casello 19 20 21 VOTE 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 Interim City Clerk 28 29 (Corporate Seal) -3- Page 426 of 717 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-031 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Michael W. Rumpf Director of Planning and Zoning DATE: July 13, 2016 PROJECT NAME/NO: Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001) based on the Evaluation and Appraisal Review (EAR) REQUEST: Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. PROCEDURE The subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (Department of Economic Opportunity) by letter of this determination according to the schedule published in Rule 73C-49. The statutory language also encourages local governments to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The EAR -based plan amendments are subject to the State Coordinated Review process Page 427 of 717 Page 2 File Number CPTA 16-001 Coastal Management Element updates per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process involves a public transmittal hearing held by a local planning agency—in Boynton Beach, the City Commission—and a subsequent transmittal of the amendments to the state planning agency (DEO) and other reviewing agencies as required. DEO receives all agency review comments and issues its Objection, Recommendation and Comments Report to the local government. The second (adoption) public hearing must be held within 180 days after receipt of that report, or the amendments are considered withdrawn. BACKGROUND/ INTRODUCTION On August 1, 2015, the City notified DEO that it would amend its Comprehensive Plan to reflect changes in state requirements as well as some changes in local conditions and the city's vision and priorities. (Since the adoption of 2008 EAR -based amendments, the City also adopted extensive amendments to the Future Land Use, Transportation, Housing, and Intergovernmental Coordination elements in 2014.) The proposed amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the main focus placed on the response to the new language required in that element ensuing enanctment of bill CS/CS/CS SB 1094 (2015 Session of the Florida Legislature). On July 1, 2015 section 163.3178(2)(f), F.S. was amended to require that the Coastal Management element includes: (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must.- 1. ust.1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Additionally, the proposed amendments include changes to the layout of the element and update the existing objectives and policies to account for completions and changes Page 428 of 717 Page 3 File Number CPTA 16-001 Coastal Management Element updates in City's programs. A Flood Hazard Map Series will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. PROPOSED TEXT See Exhibit A for the proposed changes, and Exhibit B for the Flood Hazard Map Series. Except for the Coastal High Hazard Area map, which is already included in the existing map series for the Coastal Management Element, all others are new. The maps include: • MAP 1A: Storm Surge Categories for CM Area North • MAP 1 B: Storm Surge Categories for CM Area South • MAP 2 : Coastal High Hazard Area • MAP 3 : FEMA Special Flood Hazard Area (SFHA) • MAP 4 : Historical Flood Insurance Claims • MAP 5A: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area North • MAP 513: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area South • MAP 6 : Top Flood Risk Area ANALYSIS The new policies addressing the requirements listed above draw on several of the City's actions and programs, either recent or not yet incorporated into the CM Element. FLOOD MITIGATION PROGRAMS • Land Development Regulations: City Flood Prevention Code Included the Land Development Regulations is Article X. Flood Prevention Requirements (Chapter 4. Site Development Standards), also referred to as the City Flood Prevention Code. The purpose of this ordinance is to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: o Minimize unnecessary disruption of commerce, access and public service during times of flooding; o Require the use of appropriate construction practices in order to prevent Page 429 of 717 Page 4 File Number CPTA 16-001 Coastal Management Element updates or minimize future flood damage; o Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; o Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; o Minimize damage to public and private facilities and utilities; o Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; o Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and o Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. The City is in the process of reviewing and updating Article X. The goal of the update is make the requirements consistent with the 5t" edition of the Florida Building Code, which now contains all the laws and rules that pertain to and govern the design and construction of buildings, including those in flood hazard areas. The update will be completed in 2017. • National Flood Insurance Program's Community Rating System (CRS) The City qualified for the CRS in 1991. CRS is a voluntary program that provides reductions to flood insurance premiums in communities willing to implement policies and programs that go beyond the minimum NFIP requirements. Local governments apply for a CRS classification and are given credit points that reflect the impact of their activities on the three goals of the CRS: (1) Reduce flood losses; (2) Facilitate accurate insurance; and (3) Promote the awareness of flood insurance. To obtain the necessary credit points to achieve lower CRS class ratings, they implement a broad range of programs aimed at addressing the three goals of the CRS program. There are eighteen activities by which communities can accumulate points toward their class ratings. Boynton Beach has achieved a respectable Class 7 rating, resulting in a 15% reduction in flood insurance premiums for residents that purchase flood insurance in Special FEMA -defined Flood Hazard Areas (SFHA), and a 5% premium reduction in non- SFHAs in the City. Boynton has recently gone through a recertification process, hoping to lower the rating (the results have not yet been anounced). The City has set as a goal the achievement of a Class 5, which would increase savings to 25%. • Flood Mitigation Plan In July 2013 the City adopted a Flood Mitigation Plan. It was developed to qualify as a "floodplain management plan" under the CRS and also to meet requirements of the Page 430 of 717 Page 5 File Number CPTA 16-001 Coastal Management Element updates Flood Mitigation Assistance Planning Grant and the Disaster Mitigation Act of 2000. The plan enables the City to quickly respond to state and federal funding opportunities for flood mitigation -related projects. The plan defines, justifies, and prioritizes flood mitigation initiatives that have been formulated through a flood hazard analysis and vulnerability assessment process. It also contains an extensive Program for Public Information (PPI)—an outreach program to educate the community on matters pertaining to floodplain management. The Plan will be updated in 2018, with the progress reports compiled on an annual basis (the last one was completed in October of 2015). • Climate Action Plan In 2010, the City identified climate change and its long-term effects as the defining challenge for the 21st century, projecting the direct impact that sea level rise would have on the City's water supply, the ability of stormwater drainage infrastructure to function properly and the livability of real estate along the ocean and Intracoastal Waterway. Committing to a strategic plan that would actively move the community toward sustainability was the approach that began in 2008 and ultimately became a reality when the City Commission adopted the City Boynton Beach Climate Action Plan (CAP) in October of 2010. Also in 2010, Monroe, Miami -Dade, Broward and Palm Beach counties signed the Southeast Florida Regional Climate Change Compact (Compact) supporting the development of a Regional Collaborative Climate Action Plan. In December 2012, the City Commission endorsed the Mayors' Climate Action Pledge, affirming support for the Compact and agreeing to consider integrating the Regional Climate Action Plan framework in whole or in part, into existing and future municipal sustainability action plans. Specific accomplishments of the Compact included the development of regionally - consistent methodologies for mapping sea -level rise impacts, assessing vulnerability, and understanding the sources of regional greenhouse gas emissions. Collectively, these provided the foundation for the Regional Climate Action Plan (RCAP). The Compact recommendations have been incorporated into the City of Boynton Beach Climate Action Plan (CAP 2.0), with the revisions adopted in December of 2015. With the adoption of the CAP 2.0, the City committed to initiating, by 2018, a study which would evaluate opportunities to establish the Adaptation Action Area(s) and related policies pursuant Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. Currently, the statutes maintain that the establishment of the Adaptation Action Areas is "the option of the local government." As the analysis of optimal locations for Adaptation Action designation is likely to incur significant costs, the City will rely—at least partly—on grants, potential partnership and regional efforts carried by Compact. Page 431 of 717 Page 6 File Number CPTA 16-001 Coastal Management Element updates • Local Mitigation Strategy Plan (LMS) The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard -specific mitigation options and for developing and executing sound, cost effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. Boynton Beach adopted the revised LMS in November of 2014 by resolution R14-109 (the LMS is updated every five years). SUPPORT DATA Flood Hazard Map Series • The Coastal High Hazard Area (CHHA) Since the definition of the designation has not changed, neither has the boundary of CHHA in the City's coastal area. Please note that, out of about 73 acres of land with the CHHA designation, approximately 32 acres are mangrove areas under the City's conservation overlay, and an additional 21 acres are city parks/private recreation or green areas (some overgrown with mangroves). Therefore, some 73% of the CHHA area can be considered undevelopable land. The remaining 27% is developed; any redevelopment activities will be subject to limitations pursuant to Policies 7.6.5 to 7.6.9. • FEMA Map The FEMA's Special Flood Hazard Area map for the City (see the map series) is based on the 1982 data. New flood insurance maps for Palm Beach County remain on hold, with the Federal officials continuing to review appeals claiming that flood risks for many of properties in the county were overestimated. The appeals, by Palm Beach County, West Palm Beach and other cities, were based largely on revised land and water elevation estimates in a study completed by the South Florida Water Management District (Boynton Beach did not file the appeal). The new map will become effective within the first half of 2017; however, as compared to the 1982 map, no major changes are expected for the City. Within the CM area, FEMA Special Flood Hazard Area covers approximately 320 acres, with about 50 acres of City parks and green spaces. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V. The City's SFHA within the coastal area includes zones A5, A7 and V8. Page 432 of 717 Page 7 File Number CPTA 16-001 Coastal Management Element updates • King Tides During September and October 2015 king tide events (the highest tide events occurring as a factor of the alignment of and distance between the Earth, Sun and Moon), tide predictions along Florida southeast coast were exceeded by 8-12 inches. Several areas in the City were affected with short term water ponding due to drainage system backflow and seawall breaching. The City is addressing the higher -than -normal king tides by extra elevation in all new projects and installation of back flow prevention valves on outlets. Addressing the issues through rebuilding of the existing public roads to raise elevation is very expensive; no current funding source exists. Sea Level Rise The source of the sea level rise maps and the underlying assumptions is the National Oceanic and Atmospheric Administration's (NOAH) Office for Coastal Management and the October 2015 Unified Sea Level Rise Projection report, compiled by the Sea Level Rise Work Group of the Southeast Florida Regional Climate Change Compact (Compact). Compact considered three planning horizons: (1) short, by 2030; (2) medium, by 2060; and (3) long, by 2100. The Figure 1 below illustrates the projections: FIGURE 1 � Unified Sea Level Rise Projection... •',. (Southeast Florida Region aIClimate Change Compact 2015). TCC AR5 Year R�adrhars USACE High I'd -ILal fins°les ;✓` 2030 & 10 12 ty`, w " t 2060 14 26 34 2100 33 61 81 � Pr _ 1+t" — ijjli x� 10;R .,..i. r,,_. 1 I i;i Peat' Figure 1: Unified Sea Level Rise Projection. These projections are referenced to mean sea level at the Key West tide gauge. The projection includes three global curves adapted for regional application: the median of the IPCC AR5 RCP8.5 scenario as the lowest boundary (blue dashed curve), the USACE High curve as the upper boundary for the short term for use until 2060 (solid blue line), and the NOAA High curve as the uppermost boundary for medium and long term use (orange solid curve). The incorporated table lists the projection values at years 2030, 2060 and 2100. The USACE Intermediate or NOAA Intermediate Low curve is displayed on the figure for reference (green dashed curve). This scenario would require significant reductions in greenhouse gas emissions in order to be plausible and does not reflect current emissions trends.' For the sea level rise maps included in the Flood Hazard Map Series, a medium planning horizon is assumed; the two maps (for the northern and southern Coastal Management Area) show projected inundation at the 1 foot and 2 foot sea level rise. Page 433 of 717 Page 8 File Number CPTA 16-001 Coastal Management Element updates According to the report, medium and long term projections involve a significant range of variations due to uncertainty in future greenhouse gas emissions and their geophysical effects, the incomplete quantitative understanding of all geophysical processes affecting the rate of sea level rise in climate models and current limitations of climate models to predict the future. The NOAA's Office for Coastal Management allows for an online review of sea level through its Sea Level Rise Viewer. The Viewer's map also depicts levels of confidence. In this application, 80% is considered a high degree of confidence: some areas are correctly mapped as 'inundated' more than 8 out of 10 times while areas with a high degree of uncertainty represent locations that may be mapped correctly (either as inundated or dry) less than 8 out of 10 times. The Viewer's confidence map (not included in the attached map series) shows that the projected inundation impact of a 2 - foot sea level rise in the Boynton Beach coastal area is associated with a high degree of uncertainly. Top Flood Risk Area As stated earlier in this report, by 2018 the City shall initiate a study which would evaluate establishment of the Adaptation Action Area(s). Map # 6 included in the Flood Hazard Map Series shows a section of the CMA identified as a top flood risk area, extending south from NE 10th Avenue (Martin Luther King, Jr. Boulevard) to SE 2nd Avenue, with Federal Highway as its approximate western boundary. The subject section of the CMA: • Features as a high risk area in all flood hazard maps • Experienced significant flooding during October 2015 king tide event • Contains the evaluation route from the barrier island • Is targeted for high density redevelopment The area will be considered a priority for inclusion in the incoming Adaptation Action study. RECOMMENDATION The proposed text amendments to the Coastal Management Element and the accompanying map series would be transmitted in continuation of the Evaluation and Appraisal Review process for the City's Comprehensive Plan. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and Page 434 of 717 Page 9 File Number CPTA 16-001 Coastal Management Element updates 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 16-001 EAR\Report CPTA 16-001.docx Page 435 of 717 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies Goal 7 To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. Objective 7.1 The City shall continue to enforce all applicable local, state, and federal coastal environmental regulations while providing for the development and redevelopment of waterfront residential -properties. Measurability: Number of special permits issued for waterfront residential development. Policy 7.1.1 The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resource Management, & and Palm Beach County Health Department. Policy 7.1.2 The City shall continue to regularly review and, where necessary, modify local development regulations to ensure that development projects utilize best management construction techniques for natural resource protection. Objective 7.2 The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental City of Boynton Beach 7-1 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 436 of 717 Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Measurability: Mtmber of measitres Actions initiated in order to meet the Florida TMDL requirements for the Lake Worth Lagoon. Policy 7.2.1 The City shall continue to implement the local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwater data. Policy 7.2.3 The City will continue to maintain a program of street sweeping roadways and parking areas that drain into the Intracoastal Waterway. Policy 7.2.4 The City, in cooperation with the South Florida Water Management District will continue to enforce the local building construction threshold criteria such that major modifications to existing uses conform to local and regional stormwater pre-treatment standards. Policy 7.2.5 The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. Policy 7.2.6 The City shall continue to support the consolidated efforts of the Lake Worth Lagoon Management Plan and Committee and any efforts of Intergovernmental Plan Amendment Review Committee with regard to this important ecosystem. Policy 7.2.7 The City shall continue to seek support and funding from County, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth Lagoon and the Intracoastal Waterway. City of Boynton Beach 7-2 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 437 of 717 PAN PFAISMAKFa ■. ��• • ,�1111 1111 Objective 7.43 Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man-made structures. Measurability: Amount of coastal dune system and beaches restored and protected. Policy 7.43.1 The City shall continue to coordinate with the Coastal Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. Policy 7.43.3 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no significant negative impact on reefs and other living marine resources. Policy 7.43.4 The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. City of Boynton Beach 7-3 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 438 of 717 1204E�� 7.8.4 The Qt�� shall adept the ElAn4t4an of the Ceastal High HaiEafd line as established by a Sea, " City of Boynton Beach 7-4 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 439 of 717 availabilit)�, the City Shall EOE)FElifiate with Palm BeaEh QWHty ]RIFFkafie shelteF SpaEe withifi a timely mamief. The City shall also fieeds of the T -CE A a.,rl the (- a m, -,t r i i afid the like fF Objective 7.404 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of habitat protected. Policy 7.494.1 The City shall continue to discourage site clear -cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7-5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 440 of 717 Policy 7.494.2 The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. Policy 7.404.3 The City shall continue to assist with the mitigation strategy programs of transplanting seedlings of red mangrove and marsh grass into the intertidal mangrove areas. Policy 7.404.4 The City shall continue to cooperate with the appropriate agencies on the installation of channel markers to protect sea grasses from prop dredging. Policy 7.404.5 The City shall continue to develop and support educational programs, enhancements, and proper maintenance of the Mangrove Nature Trail and Nature Center in the mangrove hammock adjacent to the eastern terminus of Boynton Beach Boulevard. Policy 7.404.6 The City shall continue to enforce the use of native vegetation species in meeting local landscaping requirements. Policy 7.404.7 The City shall continue to enforce the establishment of buffer areas adjacent to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. Policy 7.404.8 The City shall continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in developing in natural, wetland, and mangrove areas. Policy 7.404.9 The City shall continue to support and cooperate in efforts to preserve and encourage turtle nesting along the City's beach area. Policy 7.404.10 The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. Policy 7.404.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adopted by reference and shall support the County's efforts to protect manatees and their habitats. City of Boynton Beach 7-6 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 441 of 717 Objective 7.5 The City shall continue to search for seek opportunities to increase the amount number of water -dependent and water - related uses and strive to ensure public access to beach and waterfron areas.shor-eline facilities by prioritizing shoreline uses vVith Priority given to -water dependent uses. Measurability: Increase in the number of water dependent and water related uses during the planning period. Policy 7.5.1 The City shall evaluate Land Development Regulations to ensure accommodation of and expand provisions for water -dependent and water -related uses to enhance its brand of a coastal communi1y and to increase business and recreational oaaortunities for both residents and visitors. Policy 7.5.2 The City shall ensure that redevelopment projects on waterfront properties provide waterfront access to theeng eral public while encouraging developers to include waterfront uses and amenities fostering pedestrian traffic. Policy 7.445.43 The City shall continue support, through resolutions, area -wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 442 of 717 1204EY 7.44.3 Stibseqtient to Plan - -- --- a------ -- adaptian7 the ---- Qt�4 shall adept and impleffiefft City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 442 of 717 Policy 7.445.44 The City and the Boynton Beach Community Redevelopment Agency shall continue to seekrp ovide funding forte maintenance and improvements, as needed; to pFeseFv for the City's two existing public waterfronts: Boynton Harbor Marina and the Beat Club Harvey E. Oyer Tr. Park. The Policy 7.445.75 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The Q Policy 7.445.86 The City shall only allow for location of marinas, boat ramps and other water -dependent uses in a manner which protects seagrass and manatees. Upon the siting of such water -dependent uses, the City shall continue to implement adequate provisions to protect seagrass and manatees such as, but not limited to, minimizing dredging, marking navigation channels, supporting boat speed restrictions, speed zone enforcement, information and restrictive signage, and construction standards so as to not entrap manatees or damage seagrass. To further this goal, new marinas shall only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. Obiective 7.6 The Citv shall continue to assess the current and future risks to human life and property from floods and other natural hazards in the coastal areas and implement development and redevelopment strategies that reduce such risks. Measurability: Map updates, vulnerability assessments Policy 7.6.1 The City shall maintain and update as needed all maps-- including FEMA flood zones and repetitive claim maps, storm surge/Coastal High Hazard Area maps and sea level rise impact maps— identifying aps— identi. ing current and potential future areas subject to high flood hazard. City of Boynton Beach 7-8 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 443 of 717 Policy 7.6.2 The City shall continue to document and maintain maps of extreme high tides ("king tides'), more frequent severe rainfall events and newly revealed areas at risk of flooding to efficiently target mitigation efforts. Policy 7.6.3 The City shall continue to provide flood relief and cleaning operations to lessen the resident's hardship after a major rainstorm and document the Gigs after -the -storm efforts to evaluate and recommend implementation of minor improvements and projects to be included in the Capital Improvements Plan. Policy 7.6.4 The City shall continue to utilize the Future Land Use Map and the recommendations of the Community Redevelopment Area Consolidated Plan as the basis for development and redevelopment. The siting design and construction of structures shall be consistent with regulations contained in the the 51h Edition of the Florida Building Code and the City Flood Prevention Code as amended from time to time. Policy 7.6.5 The City shall manage its planning, regulatory and utility services to steer future population concentrations away from the Coastal High Hazard Areas (CHHA), which is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Policy 7.6.6 The City shall not approve any increases in hotel/motel beds and residential densities in the Coastal High -Hazard Area that would increase evacuation times above the 16 hours level of service for out -of -county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 163.3148(9)(a), F. S.. Policy 7.6.7 By 2017, the City shall amend Land Development Regulations to prohibit hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High -Hazard Area and FEMA -defined Special Flood Hazard Area, and also encourage such existing facilities to relocate to safer locations within the Citv. Policy 7.6.8 Redevelopment of existing dwelling units located in the Coastal High -Hazard area is prohibited unless an engineering study supports that the redevelopment can occur in a safe manner when City of Boynton Beach 7-9 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 444 of 717 considering building construction, design, siting and future storm events. Policy 7.6.9 The City shall limit public expenditures in the Coastal High Hazard Area or flood -prone areas by restricting expansion/ improvement of the existing utilities except for improvements necessary to (1) correct current deficiencies; (2) serve planned redevelopment pursuant to the CRA Community Redevelopment Plan; or (3) improve environmental quality. 7.6.10 The City shall require that any construction activites seaward of the coastal construction control lines established pursuant to Chapter 161.058, F.S. be consistent with the statutory provisions. Policy 7.6.11 The city shall continue to revise building codes and land development regulations to enhance flood mitigation measures in vulnerable areas to reduce future risks associated with high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. In these areas, the Cie shall require vulnerability reduction measures for all new construction, redevelopment and infrastructure such as additional hardening higher floor elevations or incorporation of natural infrastructure for increased resilience. Policy 7.6.12 The City shall consider, whenever feasible, purchasing_ properties in areas most vulnerable to destructive storm surges for recreational uses and open space. Policy 7.6.13 Rise in sea level projected by the federal government (National Oceanic and Atmospheric Administration) shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the potentially affected areas. Objective 7.7 The City shall continue to apply the best planning and engineering practices in development to attenuate and mitigate future flood events and modify the Land Development Regulations and other relevant regulatory documents as needed. Measurability: Update of the Flood Prevention Code, number of new stormwater projects funded City of Boynton Beach 7-10 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 445 of 717 Policy 7.7.1 By the end of 2017, the City shall further update its 2010 floodplain ordinance (Flood Prevention Code) for consistency with the 51h edition of the Florida Building Code and also ensure that all future modifications of the flood -resistant construction requirements in the Flood Prevention Code continue to be consistent with, or more stringent than, requirements of the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. Policy 7.7.2 The City shall continue to upgrade its stormwater infrastructure through drainage improvements, installation of tidal backflow preventers, and seawall repair in addition to sustainable flood management actions such as installation of bioswales, recharge through drainage wells, use of pervious pavement, maintenance of natural preserves areas and protection of tidal beaches that will stand the test of time and be adaptable to future climate changes. Policy 7.7.3 The floodplain administrator /building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding. If a proposed development site is in a flood hazard area, all site development activities, (including grading, filling, utility installation and drainage modification), all new construction and substantial improvements shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the citv Flood Prevention Code. Policy 7.7.4 The City shall continue to participate in the National Flood Insurance Program's Community Rating System (CRS) administered by the Federal Emergency Management Agency (FEMA) to reduce flood losses and achieve flood insurance premium discounts for their residents. Objective 7.68 The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi -family and mobile home areas through an interlocal agreement, and to encourage public participation in the planning process. Measurability: Ongoing coordination with the Palm Beach County Division of Emergency Management. City of Boynton Beach 7-11 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 446 of 717 Policy 7.68.1 The City shall establish and maintain procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan - Policy 7.78.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. Policy 7.78.43 The City shall provide input to the County's informational program which identifies the location and magnitude of the coastal area population requiring assistance in evacuation. Policy 7. 8.4 The City shall continue to participate in the Palm Beach Count Hazard Mitigation Working Group (HMWG) and to adopt the HMWG pertinent recommendations on hazard mitigation. Policy 7.8.5 The City shall participate in a long-term, coupe wide, comprehensive shelter program coordinated with public, private, City of Boynton Beach 7-12 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 447 of 717 non-profit organizations to ensure adequate shelter space is available for the long-term needs of the City and the County. Objective 7.9 The City shall continue the implementation of its Climate Action Plan, revised in December 2015, which will include a study aimed at exploring options for establishment of Adautation Action Area(s). Measurability: Adaptation Action Area Study funded and initiated be�� e� nd of 2018. AA areas established bii 2020. Policy 7.9.1 By the year 2018, the City shall intiate a study to evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level. The study will identify portions of the City where the need to improve resilience is the highest and prioritize those areas for adaptation measures and funding of infrastructure improvements. The study shall consider the areas that: 1. Are below, at, or near the average water level; 2. Have a hydrological connection to coastal waters 3. Are designated as evacuation zones for storm surge 4. Are otherwise impacted by climate -related drainage/flood control. Policy 7.9.2 The City shall collaborate/ coordinate with its partners from the Southeast Florida Regional Climate Change Compact on adaptation activities and access to technical assistance and support. Policy 7.9.3 By the end of 2017, the City shall integrate its Climate Action Plan into elements of the Comprehensive Plan as appropriate. Policy 7.42.4 The Qt)� shall cefififiue to utilize the Cemmufiit)� RedevelepmeRt City of Boynton Beach 7-13 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 448 of 717 City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 449 of 717 FeplaEe �� /PO4EY7.42.4 The Qt�4 shall modify the band Pe*�elapment Regtilatians to1204EY 7.42.5 The Qt�4 Shall 414+ide in the Post Pisastef Rede*�elapfnent PlanPlanning 54+d�- ObjeEfive 7.13 By 2013, the in City shall the coastal high hazard area. at risk poptildfieffconcentrations City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 449 of 717 1204E�� 7.43.4 The Qt�� shall implement b�� 2043, the past Elisastie-F fede*�elapm City of Boynton Beach Comprehensive Plan Amendments 08-01 EAR - - Qiliis activities. 7-15 Date: August 19, 2008 Coastal Management Element Ordinance: 08-007 Page 450 of 717 FLOOD HAZARD MAP SERIES Page 451 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 1A: Storm Surge Categories Legend aim City Boundary 0 500 1,000 1,500 2,000 mEmmmmmmzzzzeet Page 452 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area South MAP 113: Storm Surge Categories Legend Storm Surge Zones aim City Boundary 0 620 1,240 1,860 2,480 Feet r N r a Page 453 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 2: Coastal Flood Hazard Areas Legend Coastal High Hazard Area (CHHA) -no-aim City Boundary 0 875 1,750 2,625 3,500 Feet Page 454 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 3: FEMA Special Flood Hazard Areas (SFHA) Legend SFHA FLOOD ZONES A5 A7 V8 --sul City Boundary Source: FEMA 1982 Note: New FEMA maps awaiting approval 0 875 1,750 2,625 3,500 Feet Page 455 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 4: Historical Flood Insurance Claims Legend Claims by Decade 1970's (10) 1980's (9) 1990's (27) ❑ 2000's (25) 2010-2015 (14) El Special Flood Hazard Areas (SFHA) 1,000 2,000 3,000 4,000 Feet Page 456 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 5A: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 500 1,000 1,500 2,000 Feet E 26h Im Page 457 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 513: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 625 1,250 1,875 2,500 Feet I No SE is to In Page 458 of 717 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 6: Top Flood Risk Area Legend = SFHA (A5) FEMA Flood Zone SFHA (A7) FEMA Flood Zone Coastal High Hazard Area Projected Inundation Sea Level Rise at 1 foot mil City Boundary 0 400 800 1,200:00 wwmmmmrzzzeet Page 459 of 717 9.C. PUBLIC HEARING 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Approve Major Site Plan Modification request to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi -Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co. EXPLANATION OF REQUEST: The Community Redevelopment Agency (CRA) is the current owner of the property (historically -designated Magnuson House, built in 1919) and Ocean Avenue Pride, LLC is the contract purchaser, who is proposing the conversion of the historic house into a restaurant with 183 seats, including rear building additions and outside amenities. It should be noted that this project represents the implementation of the vision recommended by the Comprehensive Plan dating back to 1989, when Ocean Avenue was first prepared for the adaptive reuse of old residential buildings for local shops and restaurant uses governed by tailored regulations (i.e. an "overlay" district) to maximize compatibility between residential and commercial uses, and parking provisions allowing the use of public parking along the street and at the municipal campus. Patron and employee parking for the restaurant will be located off-site, one block to the north, in the new CRA parking lot at the corner of NE 1st Avenue and NE 1st Street. A sign will be required along the property frontage indicating where the parking for the business is located. The CRA created a pedestrian walk along the east side of the property within the landscaped right-of-way for NE 2nd Street that leads north to the parking lot. Some of the modifications proposed include re-establishing a front porch, demolition of a rear building addition (added circa 1950's), proposed rear building addition for kitchen, restrooms, bar and cooler, addition of exterior stair on the west side, addition of a covered patio/outdoor dining area on the east side, addition of a freestanding trellised dining area on the east side, bocce ball court on the north side, addition of fire pits on the north and east sides, addition of light fixtures, and change of building paint colors (utilizing colors from the Benjamin Moore Historic Palette: Body — Shelburne Buff HC -28; Trim — Great Barrington Green HC -122; and Accent: Plymouth Brown HC -73). The Historic Resources Preservation Board reviewed the Certificate of Appropriateness application for the building and site changes and approved the request at their July 11, 2016 meeting. The Planning & Development Board reviewed the request at their July 26, 2016 meeting and recommends approval, including the recommendation that additional landscaping be allowed in lieu of the buffer wall where the project is adjacent to residential properties. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Revenue associated with building permits and business tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 460 of 717 N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: REVIEWERS: Department Type Description D Staff Report Staff Report D Location Map Exhibit A - Location Map D Drawings Exhibit E1 - Survey D Drawings Exhibit E2 - Site &Architectural Drawings D Drawings Exhibit B3 - Landscape Plans D Drawings Exhibit E4 - Civil Plan 1 D Drawings Exhibit E6 - Civil Plan 2 D Drawings Exhibit E6 - Photometric Plan D Drawings Exhibit E7 - Light Fixture Details D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 7/29/2016 - 3:46 PKA Development Mack, Andrew Approved 8/2/2016 - 8:20 AM Utilities Groff, Colin Approved 8/2/2016 - 9:56 AM Finance Howard, Tim Approved 8/2/2016 - 11:39 AM Legal Swanson, Lynn Approved 8/8/2016 - 8:37 AM City Manager LaVerriere, Lori Approved 8/9/2016 - 12:47 PKA Page 461 of 717 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-030 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: July 18, 2016 PROJECT NAME/NO: 211 E. Ocean Avenue / MSPM 16-005 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: Community Redevelopment Agency (CRA) / Ocean Avenue Pride, LLC (contract purchaser) Applicant: Tom Prakas, Prakas & Co. Agent: Jim Williams, AW Architects Location: 211 E. Ocean Avenue (see Exhibit "A" — Location Map) Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Multi -Family Residential (R3) within the Ocean Avenue Overlay Zone Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Request for Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi - Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Acreage: 0.3154 acres Adjacent Uses: North: Right-of-way for a 20 foot wide alley, then further north multi -family residential units with a High Density Residential (HDR) future land use classification, and zoned Multi -Family Residential (R3) within the Ocean Avenue Overlay Zone; Page 462 of 717 Staff Report — 211 E. Ocean Avenue (MSPM 16-005) Memorandum No PZ 16-030 Page 2 South: Right-of-way for East Ocean Avenue, then further south developed commercial property (Kenny's Market), with a Local Retail Commercial (LRC) future land use classification, and zoned Multi -Family Residential (R3) within the Ocean Avenue Overlay Zone; East: Right-of-way for NE 2nd Street, then further east developed condominium parcel, with a Local Retail Commercial (LRC) future land use classification, and zoned Multi -Family Residential (R3) within the Ocean Avenue Overlay Zone; and West: Vacant parcel with a Local Retail Commercial (LRC) future land use classification, and zoned Multi -Family Residential (R3) within the Ocean Avenue Overlay Zone, and further west right-of-way for NE 1St Street. Site Details: The subject site is approximately 110 feet wide by 126 feet deep and contains the historically -designated Magnuson House, built in 1919. The property is located within the Ocean Avenue Overlay Zone, which is bounded on the east by the FEC Railroad, on the west by Seacrest Boulevard, on the south by SE 1St Avenue and on the north by NE 1 St Avenue. The purpose of the overlay zone is to provide a mix of selected commercial, residential, office and entertainment activities, with an emphasis on arts and cultural ventures that will encourage the adaptive re -use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian and historic scale of the area. BACKGROUND Proposal: The Community Redevelopment Agency (CRA) is the current owner of the property (former Magnuson House) and Ocean Avenue Pride, LLC is the contract purchaser, who is proposing the conversion of the historic house into a restaurant with 183 seats, including rear building additions and outside amenities. It should be noted that this project represents the implementation of the vision recommended by the Comprehensive Plan dating back to 1989, when Ocean Avenue was first prepared for the adaptive reuse of old residential buildings for local shops and restaurant uses governed by tailored regulations (i.e. an "overlay" district) to maximize compatibility between residential and commercial uses, and parking provisions allowing the use of public parking along the street and at the municipal campus. ANALYSIS Concurrency: Traffic: The project is located within the Boynton Beach Traffic Concurrency Exception Area (TCEA) and consists of the conversion of the historic house into a restaurant with 183 seats. Since the project is located with the concurrency exception area, the development proposal meets the requirements of the Countywide Traffic Performance Standards. The City will require an official letter of approval from Palm Beach County Traffic Division prior to issuance of any building permits. The Traffic Statement submitted by the applicant's consultant, Pinder Troutman Consulting Inc., indicates the project will generate 35 new AM Peak Hourtrips and Page 463 of 717 Staff Report — 211 E. Ocean Avenue (MSPM 16-005) Memorandum No PZ 16-030 Page 3 32 PM Peak Hour trips daily. Required parking for the new restaurant will be located off-site, one block to the north, in the new CRA parking lot at the corner of NE 1St Avenue and NE 1s' Street. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. Vehicular Access: The site contains an existing circular driveway in front (south side) of the house. The circular driveway will be removed as part of the redevelopment of the site, a front porch will be re-established on the structure and outdoor dining will be placed between the structure and the street. Additionally, the easternmost curb cut on East Ocean Avenue will be demolished and reconstructed as a continuation of the paver sidewalk along the right-of-way. The westernmost curb cut will remain and a new paver driveway, typically 12 feet in width, will be constructed along the west side of the structure to provide access for deliveries and waste removal operations. As noted above, required parking for the new restaurant will be located off-site, one block to the north, in the new CRA parking lot at the corner of NE 1 st Avenue and N E 1 st Street. Circulation: Vehicular circulation for deliveries and waste removal on-site would include a one- way southbound circulation pattern for the drive aisle on the west side of the structure, with access from the alley along NE 1s' Street, easterly to the delivery and dumpster area at the northwest corner of the building, then exiting southerly to the curb cut on East Ocean Avenue. This will entail improvements in the alley by the applicant, "Do Not Enter' and "One Way" signage, a stop bar and directional arrow, to inform the motoring public. Again, as noted above, patron and employee parking for the restaurant will be located off-site, one block to the north, in the new CRA parking lot at the corner of NE 1st Avenue and NE 1st Street. A sign will be required along the property frontage indicating where the parking for the business is located. Pedestrian connectivity would be provided on site via paver connections to the East Ocean Avenue sidewalk at two (2) locations, and a continuous paver walk that accesses the building entries and amenities on the property. Additionally, the CRA created a pedestrian walk along the east side of the property within the landscaped right-of-way for NE 2nd Street that leads north to the CRA parking lot and designated parking for the business. Page 464 of 717 Staff Report — 211 E. Ocean Avenue (MSPM 16-005) Memorandum No PZ 16-030 Page 4 Parking: Parking for patrons and employees will be accommodated at the CRA parking lot at the NE corner of NE 1st Avenue and NE 1st Street, as was envisioned when the CRA relocated the former Ruth Jones Cottage from the site and developed a public parking lot to serve anticipated new business establishments within the Ocean Avenue Overlay Zone, and created the walkway connection between the parking lot and East Ocean Avenue for ease of use by business patrons. The Ocean Avenue Overlay Zone was created to encourage the adaptive re -use of existing buildings and restoration of historic structures, and as such created reduced parking regulations to stimulate interest in the corridor. The applicant is proposing 183 seats associated with the restaurant use, with 76 seats indoors/covered and 107 outdoors/uncovered. Parking for restaurants is calculated atone (1) space per 2.5 seats, which in this instance would equal 74 parking spaces. However the overlay zone allows for a 50% reduction in required parking, revising the total required parking to 37 spaces. As noted above, satisfaction of the 37 parking spaces is being met through agreement with the CRA to utilize the CRA public parking lot, which is within the 500 foot distance allowed under the parking regulations. The CRA parking lot is designed with 58 parking spaces, so there are 21 parking spaces in excess of the code requirement for the intended use. This parking scenario is also consistent with the parking strategy considered when the overlay was established, given characteristics of the urban setting and evolution of redevelopment at such scale, and existence of parking resources on the street and at the nearby municipal campus. Landscaping: The Tree Survey (Sheet TS -1) indicates there are 27 existing trees on-site, and only one canopy tree, a Mango tree, and one palm tree, a diseased Coconut tree, are to be removed and mitigated. The remaining trees, mostly palms (Royal, Coconut, Triangle, Christmas, Sabal and Areca), will either remain in place or be relocated to places on the property outside the footprint of proposed improvements. Of the new landscape material, typical canopy trees proposed include Live Oak, Dahoon Holly and Cassia (a City signature tree), along with small tree specimen Spicy Jatropha. New palms to be added to the site include more Christmas, Coconut, and Sabal palms, as well as Winin palms. Typical shrub material proposed includes Red Tip and Horizontal Cocoplum, Green and Silver Buttonwood, Ligustrum, Podocarpus and Firebush. Irrigation will be required to conform to Florida Friendly — Waterwise principles and be from a non -potable water source. Staff is also recommending placement of a buffer wall on the east and north sides to assist with mitigation of noise between the incompatible uses (outdoor dining and activities versus residential units). The proposed landscaping, in conjunction with a solid wall, should help mitigate the sound, and ensure new uses of this nature are welcomed by existing and new residents within the overlay zone as good neighbors. Building and Site: The existing structure is a two-story wood frame house built in 1919, that is listed on the City register of Historic Properties. The applicant proposes to make changes to the building and site and filed for a Certificate of Appropriateness and appeared before the Historic Resources Preservation Board on July 11, 2016 to discuss the proposed modifications. The Board approved the application with conditions regarding the use of materials, such as: All necessary repairs and patching to the historic structure must be undertaken using appropriate materials and methods. Page 465 of 717 Staff Report — 211 E. Ocean Avenue (MSPM 16-005) Memorandum No PZ 16-030 Page 5 • If any original windows on the historic structure are to be replaced, justification for their replacement must be provided. Specifications and drawings for the proposed new windows must be submitted for review. • Specifications for all new doors on the historic structure must be submitted for review. • Specifications and drawings for all new doors, windows, and movable glazed panels on the proposed additions must be provided for review. The applicant agreed with the conditions of approval and indicated a desire to retain the historic character of the building and property. Some of the modifications proposed include re-establishing a front porch, demolition of a rear building addition (added circa 1950's), proposed rear building addition for kitchen, restrooms, bar and cooler, addition of exterior stair on the west side, addition of a covered patio/outdoor dining area on the east side, addition of a freestanding trellised dining area on the east side, bocce ball court on the north side, addition of fire pits on the north and east sides, addition of light fixtures, and change of building paint colors (utilizing colors from the Benjamin Moore Historic Palette: Body — Shelburne Buff HC -28; Trim — Great Barrington Green HC -122; and Accent: Plymouth Brown HC -73). The portion of the existing structure to remain after demolition of the rear addition will be a first floor of 750 square feet and a second floor of 750 square feet. The first floor is proposed to be dining area with 34 seats and the second floor will be the office and storage area for the restaurant operation. A one-story, 1,266 square foot addition is proposed to connect to the rear of the first level and house the kitchen, restrooms and a portion of the bar. The remainder of the bar will be under a covered porch extended off the rear addition to the east, which will also provide table dining for 16. This open-air porch will have a standing seam metal roof, that will match that proposed on the re-established front porch. A trellis dining area is also proposed on the east side of the existing structure, immediately forward of the covered dining area. Additional outdoor seating is proposed on the new front porch (8 seats), on the paver area in front of the structure (28 seats) and at the two (2) fire pits (a total of 15 seats). A covered bicycle rack has been provided, as well as a waste receptacle near the front dining area. Design: The elevation drawings (Sheets A51 & A52) shows that the existing building would retain its appearance from the street, other than the re-establishment of the front porch discussed earlier and the addition of the new stair to the second floor on the west building facade. The applicant has confirmed that the existing wood siding, trim, and gable vents will be retained, and any necessary repairs to the siding, trim, and vents would be undertaken using appropriate materials and methods. The drawings indicate that the roof of the existing historic structure is to remain. Any necessary repairs to the roof would be undertaken using appropriate materials and methods. The applicant notes that the original windows will be retained and appropriately repaired where possible. The applicant also proposes to remove the existing concrete block chimney. A recent inspection of the structure and discussions with a previous occupant suggest that the chimney is a later addition and not significant to the history of the property. Page 466 of 717 Staff Report — 211 E. Ocean Avenue (MSPM 16-005) Memorandum No PZ 16-030 Page 6 As noted above, the applicant proposes to demolish the one-story addition to the rear of the historic structure, estimated to have been built in the 1950s. It's construction is of wood frame with wood siding and a shed roof and the condition is poor. Once removed, the applicant proposes to construct a 1,266 rear addition for the new kitchen, restrooms and a portion of the bar area, constructed of concrete block with a painted stucco finish and a standing seam metal mansard roof. A substantial portion of the east elevation will be comprised of movable glazed panels to open to the outdoor dining area. Mechanical equipment will be installed on the flat section of the addition's roof and will be screened from view by the sloping mansard roof. The proposed covered porch addition is one story in height and is designed to accommodate outdoor dining and bar area. It projects beyond the east elevation of the historic structure but is set back from the front elevation by approximately twenty feet. This addition will be visible from East Ocean Avenue, although it will be partially obscured by the proposed wood trellis and landscaping. As this addition is essentially a canopy (wood and metal seam roof construction), its impact on the historic structure will be less than that of a solid walled addition in this location. The proposed work complies with The Secretary of the Interior's Standards for Rehabilitation in that, the new additions, exterior alterations, and related new construction will not destroy historic materials that characterize the property. The new work will be differentiated from the old and be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. The new additions and adjacent or related new construction will be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Public Art: The applicant has indicated the proposed work is expected to cost $325,000, which would equate to an art expenditure of $2,275 under the Art in Public Places program guidelines. The applicant has not finalized how the expenditure will be utilized on site, but understands that any proposal is subject to the Arts Commission review and approval. Site Lighting: The applicant has proposed site lighting compatible with the scale of the project and area, and the historic nature of the building and site. In an effort to be compatible with the surrounding properties, the light fixtures will be mounted no higher than eight (8) feet, whether placed on poles or on the building, other than the wall mounted fixture on the west elevation at the 2nd floor stair landing, which will be at 17 feet. The types of lighting fixtures include pole mounted, wall mounted, and bollard, with the bollard fixtures proposed at a 3.5 foot mounting height. The applicant has chosen lighting fixtures with a period look (Scirocco by Luminis) for all the pole lights and lantern style wall mount fixture with clear seed glass (Bridgewater by Phillips) for installation on the building. The pole light fixture is designed to mimic those existing fixtures within the Ocean Avenue streetscape improvements. The fixture color is proposed to be a dark bronze with dark bronze poles. The proposed lighting levels meet City code for foot-candle spot readings, and the lighting is designed to have no light spillage onto adjacent properties. Signage: Staff requested the applicant consider signage of appropriate scale and character for this property in particular, and other potential historic properties along Ocean Page 467 of 717 Staff Report — 211 E. Ocean Avenue (MSPM 16-005) Memorandum No PZ 16-030 Page 7 Avenue. The applicant responded with an appropriately scaled 24 square foot wooden sign at 5 feet in height, painted to match the building, with 14 inch tall backlit lettering, designed to provide a soft glow on the wood background, surrounded by landscaping. The proposed sign would appear appropriate for the property and the overlay zone. Additionally, the applicant has agreed to relocate the grant -funded Heritage Trail sign from the front of the property to the right-of-way for NE 2nd Street immediately to the east, where the CRA created the landscaped pedestrian connection to their public parking lot. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\211 E. 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C, 3.2 O.O�C.O 0.0 O.0 [S.0 u.0 !!.6 U.D 0.[r C.0 bal 9.0 0 0 -75- n h r��).E Description: SRI 35 -LI- - 1 6***_APC % ' Type: AS� 711 log sat Aaa, ft.? 32f project. 211 OCEAN BOYNTON # 16-2949A (,� 7a•s rx- as;ar v Nous. El 0. .7 hz1 t� t Po,,%erfeed ACA.' 1" X 3"extruded alurninum extended arm pole 'mounting adaptor designed to fit with 4 to 5" dia. poles. 1/2" dia. X 45' standard natural stainless steel rod support. (EPA: 0.7) sss) 2 (406) APS 1 5/8" Dia shepherd aluminum post top mount, with a cast alurninum tenon to fit with a 3 3/4" I.D. pole. (EPA: 0.15) SERIES i7 - LECA Poi, ei t ed APA' 1 5/8" Dia. shepherd aluminum side pole mount. (EPA: 0.15) NOTE is PST Pole with ACA and APA attachments require a 30" (762) tenon extension over pole nominal height. Factory Installed. 4.25' (108) �*OWA allwar (EPA, QM 0 4" 0 S" 0 4" Tapered 0 4" Height Pole PAAO PAA510 PST1(i Psw til Ft. (3 1s1) PAA412 PAAS12 PST12 ------- PSFl12 12 Ft (3,6 P5) PAAA414 PAA514 P5714 ------- P5 14 14 Ft. (4,2 M) PAA47 ......_......._..m--------..._..__.__.w__.________----..-..__.....T. PA�A516 PST1 PTA16 PSE16 ------------------- 16 FL (4,8 M) PAA418 PAA518 ------ PTA1d P$818 18 FL (5,5 M) PAA420 PAA520 PTA20 PSB20 20 Ft. (6,0 A9) _.,.,....... ------- PTA25 -- 25 FL (7,6 M) For.,rtu bonal pole details, please refe, tc sena: ate ucl..,,o t: .aflc _ _ t, 04 "= loomm 05"='27mrn LUMINIS. POLE t.UMINI5 ! "cd! 'ree: 866.586.4647 1 -ay: 5',4.688.8872 260 uab,losse, Po: ;te-C ,QC) Canada H „2 5? 5 r..3r;n r"' ay be, a{ ner. d ["'e . - -- _._. ,- r t ..r r � ped .=ha,_t r-.4tr r .=1.icoe PST PAA PTA Pore sere Pole seHos Pole. series Page 483 of 717 SOM Lighting Description: SRI 36-L1W30r0-R2-120V-***-APC% s Type: 7s Sa1a,g r rt, R. M26 P=roject; 211 OCEAN BOYNTON # 16-2949A Notes: I E3 r,+ NOTE is PS "r Pole with ACA and APA attachments require a 30" (762) tenon extension over pole nominal height Factory installed. 4.25" 008) APC 11' X 3" extruded aluminum Side pole mounting straight adaptor (EPA: 0.12) ... ♦ � ♦ .. 4 1. 0 4" 05" 0 4" _ ='0V4`er feed Height C ru A _ - tj t;.(II PAA41 PAA510 �PSS'9O_..._____»__M._ w...___._�.._------.--.....�.....__.....m e PS1510 C 1G _�....__��....�..:_ PAA 462 L P o4 er fecd ------- _l (a 06) Ft, (3,5 M) . ACA' 4 ------- . _.pS SA 14 Pt. (42 M) 1" X 3"extruded aluminum extended arm pole PAA51F APS PTAT(s .....__.._..._._____-_--_-- PSP:7�a mounting adaptor designed to fit with 4 to PA.A4'1B ._.__.. 1 5/8" Dia. shepherd aluminum post top mount, ___ ------------ APA' S" dia. poles. 1/2" dia. X 45' standard natural 18 Ft, (5,5 M) with a cast aluminum tenon to fit with a 3 3/4" PAA520 1 5/8" Dfa. shepherd aluminum side pole mount. stainless steel rod support. (EPA: 0.7) PS820 I.D. pole. (EPA: 0.15) ..d..�.�.._ (EPA: 0.15) NOTE is PS "r Pole with ACA and APA attachments require a 30" (762) tenon extension over pole nominal height Factory installed. 4.25" 008) APC 11' X 3" extruded aluminum Side pole mounting straight adaptor (EPA: 0.12) ... ♦ � ♦ .. 4 1. 0 4" 05" 0 4" Tapered 0 4" Height Pole PAA41 PAA510 �PSS'9O_..._____»__M._ w...___._�.._------.--.....�.....__.....m PS1510 10 Ft- (3 M) ._. _�....__��....�..:_ PAA 462 __... PAAS'12 .. PST12 ------- PSB1212 Ft, (3,5 M) PAA414 PAA514.e.__P4 4 ------- . _.pS SA 14 Pt. (42 M) P 4'IP PAA51F ___---_----___...._____ PT76 PTAT(s .....__.._..._._____-_--_-- PSP:7�a i� Ft. {4,B M) PA.A4'1B ._.__.. PAA51Yi__.......-�._.-,-..._ ___ ------------ PTA1S.__m.PSBTS -�. 18 Ft, (5,5 M) PAA420 PAA520 •----« PTA20 PS820 _,_,_,_______,_,_,_ 20 Ft. (6,0 tai) ..d..�.�.._ ----- _ffi__,.,.,, PTA25 -- 25 Ft. (7,£ M) ;no'r additional to ei a:_,, please rok, to sepa,ats polesK a'.i ,,:at; -, sheet 0- 4, = 1O0imm 0.5'= 127nirn LUMINIS. LUMINIS To tree: 866.5864647 Fax:51�,68S.8872 260 Labrosse, Pointe -Claire (GC) Canada h9P. 5L5 c. lc, PST Pole series PAA PTA Pole series Pole series LUMINIS.COM Page 484 of 717 Description: 8608—**R_ •u -SEES#° 40603-201 SESCO Lighting PrOftct: 211 OCEAN BOYNT'ON' # 16-2949A Nates: ADVME FINNSH Smail Bridgewater Wall ) Specification Sheet e _ I tt: Misr.. P I I I ..W4 ( i Type Catalog o.: Ordering aisle -.�.._ ., Example: B8608 9 1/4� ABS K C3 roduct Code P� I t' Finish ASS Antiqll ue Brass ACP Antique Capper. ARO Antique62ed ASI AI'StIgUL' Silver BLK Black i diRN Brown 6622 Bronze FGN Forest Green GRA Granite 16tN Ironstone RBL Rustic Bronze SRT Shadow Rust l VBL Verde Bronze VCP Verde Copper 17 7/F" f VGN Verde #1 VTC Vintage Copper & WBL Weathered Bronze P ) WHT White �,.o. CPia [Fan;el/Globe Gono 3 7/8" g r s n 0, 1 SiDe6fications CONSTRUCTION: Cast aluminum wall bracket. Aluminum scroll. Cast aluminum loop and aluminum ring. Spun aluminum cap and neck assembly. Four (4) cast aluminum legs secure to roof & bottom. Cast aluminum roof & bottom. FINISH: Resilient TGIC thermoset polyester powdercoat paint is electrostatically applied to every fixture. Specially formulated for Philips Outdoor Lighting, it provides UV protection, and the highest temperature rating in the industry. In addition to the standard color choices shown, a spectrum of custom colors is available. PANELS/LENS/GLOBE: Clear Seeded Glass Globe available only. LAPING: 60W maximum A19 lamp per medium base socket. Lamp is not included. Higher wattages maybe used only with glass panels installed. ELECTRICAL ASSEll/i Porcelain medium base socket with painted aluminum cover. Fixture is pre -wired with 18 AWG black, white, and ground wires. Lantern will be prewired and tested. All electrical components are ETL listed. MOUNTING: See template for dimensions & mounting instructions. WARRANTY: Lifetime limited warranty. CERTIFICATIONS: ETL Listed to U.S. safety standards for wet locations. cETL Listed to Canadian safety standards for wet locations. Prat;=,t 1 0 Copyright 2014 Koninklijke Philips N.V. (Royal Philips). All rights reserved. Specifications are subject to change without notice. PHILIPSPhilips Lighting Company 200 Franklin Square Drive, Somerset, NJ 08873 1 P: +1-855-486-2216 1 www.philips.comfluminaires Page 485 of 717 I Description: BRM830-42-tom WL-WW-360-UNV-*** SESCO LICUhting Project: 211 OCEAN BOYNTON # 16-2949 7T Spa gan Amd, Ct, � , t Z ssudv, tame, F •-, g3326 o' Notes: ADVISE FINISH K v V Philiprdco donne and bevel top louver LED bollards provide uniform ,,ion, superior spacing and solid vandal resistance. Rugged extruded and cast triltruction with silicone seals and gasketing assure years of durability. Our advanced stack-louverLED technology and motion response provide maximized tight output energy savings. Ordering guide Example: BRM830-42-CIWI -NW-360-UNIV-BRP-SPR LED LED Lighted Prefix Height Cont -V Selection Coverage Voltage Finish options MR ow 34IN 3471 BLP SPR tvivith oestt 41r MourarResponse 6500K, 75 CRI V,,Y#S* Back Paint Surge Protection for 120-277V input , _ �4 slidegimbAW, 3,0, -LEDs stay or. low NW snog WP meedogANSI C62AI 2 BRM311 36' Leve( (8W) when no 4500K, 75 CRI IS. ISO White Paint SPRH Domelopte.adwily motion's Present 18or fightrio 'go I Surge Protection for 347V Input meeting I 1, BRM833 and increase to full Ightimtput Se' 3000K, 75CRI lome" (Pie SRP Blorize Paint ANSIC61412 Dome top with nalroal (41W) when motion 73 Vides reduced IN P concrete base detected. backside fight) CoFors Natural Aluminum Paint BRM833B , beige ge L LA' CC con-lete baseAmber Optional Color Specify ophono color -1024 BRM33G I Lit" or RAL. ez: ()(-LG- or OC -RAL Dometopwith grey 1 k,Jq %Ingisun g * Red SC bis? Special Color Specify. Most supply concrete W color chip. Requires poLmyti BRM834 Green Bevel top with cast LW aurnourn base Blue r SRMR35l Bevel top head only ORMS37 Bevel top with natural concrete has. BRM8378 Bevel fop with beige concrete base Not awsi [able in 3217V. ------ 5 Cari—t factory for lead urr- 1 BRIA,830 and BRM834 or-iiy, 6 347V bo"ards require and include a step-down transformer in bollard. Notavaiiabtc 3 1,, BRMS31 or BRIA835. 4. A variabob of LED wattage (t/- 814) may occur one to LED manufacturers forward Vol, sraecuhcation and ambient towripproiUre) LED-boltand.,BRIA830837 11/15 page 1 of 3 Page 486 of 717 EXHIBIT "C Conditions of Approval Project Name: 211 E. Ocean Avenue File number: MSPM 16-005 Reference: 3d review plans identified as a Maior Site Plan Modification with a June 24, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Please remove existing eastern most concrete curb cut to property along Ocean Avenue and repair to match existing sidewalk. X 2. Please provide a minimum turning radius of 55 ft. to approach dumpsters. Provide a minimum backing clearance of 60 ft. X (measured from the front edge of the dumpster pad). 3. Please note all storm water runoff shall be retained on-site up to the 3 day 25 year storm event. Also all historical drainage patterns shall X be accounted for in design of the drainage system. 4. The proposed one-way driveway along western property line shall be X properly signed and marked with egress only to Ocean Avenue. 5. The applicant will be required to make necessary improvements to X the existing alley to provide one-way access to site. 6. Please note there is currently an FPL guy wire preventing ingress from NE 1st Street via the existing right of way. Applicant will be required to relocate the FPL guy wire or obtain an access easement X across adjacent property for location of existing ingress prior to permits being issued. 7. Please note any change in meter size will require payment of CAP X fees, per Code of Ordinances, Chapter 26, Section 26-34. FIRE Comments: 8. Please provide the nearest Fire Hydrant on the water and sewer plans within the required 200 feet per city ordinance. X POLICE Comments: 9. All previous comments addressed. X Page 487 of 717 211 E. Ocean Avenue (MSPM 16-005) Conditions of Approval Paae2of3 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 10. All previous comments addressed. X PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 11. Please submit a copy of the Traffic Performance Concurrency approval letter or letter stating concurrency approval is not required X from PBC Traffic Engineering. 12. Should the applicant propose any outdoor speakers, a Live Entertainment permit will be required, detailing the measures X proposed to mitigate sound impact on surrounding neighbors. 13. On Sheet A11, please add decorative buffer walls to the north and east sides, in compliance with the Urban Landscape Buffer requirements of the code between incompatible uses. Wall should not encroach forward of the front covered porch, and the columns of X the decorative wall should mimic the design and form of either the columns along the Ocean Avenue streetscape or columns of the front porch. 14. Per the City's Exterior Lighting Standards, the use of any bare bulb light fixtures on the proposed trellis or covered dining area shall be of low intensity and not draw more attention to the structures at night X than during the day. COMMUNITY REDEVELOPMENT AGENCY Comments: 15. All previous comments addressed. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: Page 488 of 717 211 E. Ocean Avenue (MSPM 16-005) Conditions of Approval Paae 3 of 3 DEPARTMENTS I INCLUDE REJECT 16. In lieu of constructing a buffer wall on the north and east side per staff comment #13, the applicant shall install additional landscaping to further enhance the landscape buffer along these two sides. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\211 E. Ocean Avenue\MSPM 16-005\COA post P&D.doc Page 489 of 717 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 211 E. Ocean Avenue (MSPM 16-005) AGENT: Jim Williams, AW Architects AGENT'S ADDRESS: 7700 Congress Avenue, Suite 1114, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2016 APPROVAL SOUGHT: Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi -Family Residential) zoning district, within the Ocean Avenue Overlay Zone. LOCATION OF PROPERTY: 211 E. Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\211 E. Ocean Avenue\MSPM 16-005\DO.doc Page 490 of 717 11.A. UNFINISHED BUSINESS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. (TABLED on 6/21/16 for 90 days) EXPLANATION OF REQUEST: The City Commission has been asked to consider passing a Resolution in support of the Atlanta Braves returning to Palm Beach County for their spring training. The Atlanta Braves trained in PBC from 1963 to 1997 when they moved to Orlando, and now, with their current spring training stadium lease expiring at the end of 2017, they are looking to return to PBC to establish a new spring training stadium. All the criteria that were required for a site are met at John Prince Park. According to Palm Beach County, reports show that baseball spring training is a proven economic driver and creates jobs. The proposed stadium as an estimated yearly $95 million return on investment and is predicted to create nearly 1,300 total jobs. Following the construction phase of the stadium, the ballpark is expected to maintain an estimated 1,100 of those jobs. It is believed that this type of project aids economic development and enhances our local communities HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. None ALTERNATIVES: Do not pass the Resolution of support. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 491 of 717 ATTACHMENTS: Type D Addendum REVIEWERS: Department City Manager Description Reso supporting Braves relocation Reviewer Action Stanzione, Tammy Approved Date 8/16/2016 - 9:56 AKA Page 492 of 717 1 RESOLUTION NO. R16- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA SUPPORTING THE LOCATION OF THE ATLANTA 6 BRAVES SPRING TRAINING BASEBALL FACILITY IN SOUTH 7 CENTRAL PALM BEACH COUNTY AND PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Palm Beach County Board of County Commissioners is 11 considering an effort to work with the Atlanta Braves ("Braves") to return to Palm Beach 12 County; and, 13 WHEREAS, the Braves were located in West Palm Beach for 34 years building a 14 strong local following of fans and supporters; and, 15 WHEREAS, the Braves are one of the oldest baseball franchises winning 3 16 World Series and was the team of local resident Hank Aaron #44 who broke Babe 17 Ruth's career home run record in 1974; and, 18 WHEREAS, a Braves Spring Training site in South Central Palm Beach County 19 would provide an opportunity for residents, families and children, and visitors alike to 20 attend professional baseball games; and, 21 WHEREAS a Braves Spring Training site in John Prince Park would provide a 22 tremendous economic impact and provide additional tourist bed tax revenue; and, 23 WHEREAS a Spring Training facility would provide an important venue for 24 other sporting and cultural activities to the City of Lake Worth and surrounding 25 communities. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: [00135729.1 306-90018211 Page 1 of 2 Page 493 of 717 29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 30 being true and correct and or hereby incorporated herein. 31 Section 2. The City Commission of the City of Boynton Beach strongly 32 encourages and supports Palm Beach County in its effort to Bring Home the Braves to a 33 SPRING TRAINING FACILITY IN JOHN PRINCE PARK. 34 Section 3: The City Commission directs that a copy of this Resolution shall 35 be provided to Palm Beach County and the Atlanta Braves and all other parties as 36 deemed appropriate by the City Manager. 37 Section 4: This Resolution shall be effective immediately upon its passage. 38 PASSED AND ADOPTED this day of , 2016. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 Interim City Clerk 61 62 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO {00135729.1 306-90018211 Page 2 of 2 Page 494 of 717 12.A. NEW BUSINESS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-103 -Authorize the execution of a second amendment to the lease agreement for telecommunications tower site with UNISITE, LLC (American Tower Corp) to allow for five (5) additional five-year terms, thereby extending the lease agreement 25 years to October 11, 2049 for the existing telecommunications tower at Quantum Park (3101 Quantum Boulevard). EXPLANATION OF REQUEST: Property has been leased from the City by Unisite / American Tower since August of 1999 for a telecommunications tower at Quantum Park (Resolution R99-107). The original lease was for five (5) years with a renewal option for four (4) additional five-year periods, extending the lease to October 11, 2024. The first lease amendment authorized 300 square feet of additional lease area by Resolution 09-068 on April 21, 2009. American Tower requests a second amendment to the lease agreement to provide for additional renewal terms beyond the original terms, which would extend the lease another 25 years to October 11, 2049. A current survey of the overall site, leased ground area, and associated easements (ingress/egress, utility), including detailed legal descriptions of each, are included in this amendment, replacing the exhibits from the previous lease agreement. The existing ground lease area of 2,800 square feet will not increase in size. The proposed second amendment has been reviewed by the City Tower Siting Review Team, including the Recreation and Parks Department, and has been revised to the satisfaction of both parties and the City Attorney. The Lease is non -terminable by the City except for default which Tenant fails to cure following notice. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted Currently rent is paid on an annual basis at the rate of the previous year with an annual rent escalation of three (3) percent. In addition to extending the lease term to 2049, the proposed lease amendment increases the annual rent escalation. The rent would be increased annually by five percent (5%) over the annual rent that was in effect for the previous year beginning on October 12, 2024 (at the beginning of the new terms). Rent under the current lease with 3% escalation clause for last year ending 10/11/24 will be $41,649.13. Rent for year beginning 10/12/24 with the 5% escalation clause would be $43,731.59, then increases 5% per year thru 10/11/49. Future rent for this lease (period covering from 2016 to 2049) would generate a total of $2,383,374.18 for the City. In consideration for amending the agreement Tenant agrees to pay the City a lump sum of $20,000.00 within 60 days of full execution of the amendment by both parties. In addition, an application fee of $1,500.00 for this lease revision was paid to the City at the time of the application submittal in October, 2015. ALTERNATIVES: Not approve (which could result in additional tower sites), or not approve the lease amendment as proposed. Page 495 of 717 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution Approving Second Amendment to Ground Lease with Unisite D Amendment Second Amendment to Ground Lease Agreement REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 7/29/2016 - 3:54 PM Development Mack, Andrew Rejected 8/2/2016 - 8:44 AM Planning & Zoning Rumpf, Michael Approved 8/2/2016 - 9:15 AM Development Mack, Andrew Rejected 8/2/2016 - 9:16 AM Planning & Zoning Rumpf, Michael Rejected 8/2/2016 - 9:17 AM Planning & Zoning Hatcher, Kathleen Approved 8/2/2016 - 9:40 AM Development Mack, Andrew Approved 8/8/2016 - 10:38 AM Assistant City Manager Groff, Colin Approved 8/8/2016 - 8:57 AM Finance Howard, Tim Approved 8/8/2016 - 11:17 AM Legal Swanson, Lynn Approved 8/8/2016 - 2:54 PM City Manager LaVerriere, Lori Approved 8/9/2016 - 12:58 PM Page 496 of 717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN A SECOND AMENDMENT TO GROUND LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND UNISITE, LLC. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Unisite, LLC., is requesting an amendment to the Lease approved on August 17, 1999 to allow for five (5) additional five-year terms, thereby extending the Lease Agreement twenty-five (25) years to October 11, 2049 for the existing telecommunications tower at Quantum Park (3 101 Quantum Boulevard); 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 execute a Second Amendment to Ground Lease Agreement between the City of Boynton Beach and Unisite, LLC.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are 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 authorize and direct the Mayor and City Clerk to sign a Second Amendment to Ground Lease Agreement between the City of Boynton Beach and Unisite, LLC., a copy of which Second Amendment is attached hereto as Exhibit "A". CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\85BBA660-9145-4306-9357-DD7D00123C83\Boynton Beach.3788. 1. UnisiteGround Lease 2nd Amendment - Reso.Doc Page 497 of 717 30 Section 3. This Resolution shall become effective immediately upon its passage. 31 32 33 PASSED AND ADOPTED this day of , 2016. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\85BBA660-9145-4306-9357-DD7D00123C83\Boynton Beach.3788. 1. UnisiteGround Lease 2nd Amendment - Reso.Doc Page 498 of 717 SECOND AMENDMENT TO GROUND LEASE AGREEMENT THIS SECOND AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") dated as of the latter of the signature dates below (the "Effective Date") by and between CITY OF BOYNTON BEACH ("Owner"), a Florida municipal corporation having a mailing address of PO Box 310, Boynton Beach, Florida 33425-0310 and UNISITE, LLC, a Delaware limited liability company ("Tenant"), a Delaware limited liability company (Owner and Tenant, collectively, the "Parties"). WITNESSETH: WHEREAS, Owner owns that certain real property located in Palm Beach County, Florida as further described on Exhibit A, attached hereto and by this reference made a part hereof (the "Parent Parcel"); and WHEREAS, Owner and Tenant entered into that certain Ground Lease Agreement dated on September 3, 1999 as adopted by the Owner on August 17, 1999 by that certain Resolution No. R99-107 and modified by that certain Addendum to Ground Lease Agreement dated November 15, 1999 as adopted by the Owner on November 2, 1999 by that certain Resolution No. R99-145 and further amended by that certain First Amendment to Ground Lease Agreement dated May 15, 2009 as adopted by the Owner on April 21, 2009 by that certain Resolution No. R-09-068 (collectively, the "Agreement"), whereby Owner conveyed a lease to Tenant for a portion of land located at 3101 Quantum Boulevard, Boynton Beach, Palm Beach County, Florida 33425 (PCN 08-43-45-17-09-000-0920), together with access and utility easements thereto ("Site"), as more particularly described in the Agreement and that certain Memorandum of Ground Lease recorded September 13, 1999 in File No. 99-371965, Official Records Book 11346, Pages 356-359 of the Official Public Records of Palm Beach County, Florida; and WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement has an initial term and renewal terms that will expire on October 11, 2024 (the "Original Term"), and Owner and Tenant desire to enter into this Amendment in order to amend the Agreement to, among other things, provide for additional renewal terms beyond the Original Term. NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct in all respects and are hereby made a part of this Amendment for all purposes. 2. Status of Parties/Estoppel. All parties acknowledge that, to the best of its knowledge, the Parties have complied in all material respects with the obligations under the Site Name: Quantum Park 1 Site #: 91997 Page 499 of 717 Agreement occurring on or prior to the Effective Date and that, to the best of its knowledge, the Parties are not in default under the terms of the Agreement. 3. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 4. Initial Term Commencement Date. The Parties hereby ratify and affirm that the commencement date for the Initial Term of the Agreement was October 12, 1999. Tenant shall have the option to extend the Agreement for each of five (5) additional five (5) year renewal terms (each a "New Renewal Term" and, collectively, the "New Renewal Terms"). The first New Renewal Term shall commence simultaneously with the expiration of the Agreement, taking into account all existing renewal term(s) (each an "Existing Renewal Term" and, collectively, the "Existing Renewal Terms") available under the Agreement. Notwithstanding anything to the contrary contained in the Agreement, all Existing Renewal Terms and New Renewal Terms shall automatically renew unless Tenant notifies Owner that Tenant elects not to renew the Agreement not less than sixty (60) days prior to the expiration of the then current term. References in this Amendment to "Renewal Term" shall refer, collectively, to the Existing Renewal Term(s) and the New Renewal Term(s). The Parties acknowledge that pursuant to this Amendment the New Renewal Terms exceed the Original Term by twenty-five (25) years and that, unless terminated sooner, the final New Renewal Term will expire on October 11, 2049. The Owner hereby agrees to execute and return to Tenant an original Memorandum of Agreement in the form and of the substance attached hereto as Exhibit C and by this reference made a part hereof (the "Memorandum") executed by Owner, together with any applicable forms needed to record the Memorandum, which forms shall be supplied by Tenant to Owner. 5. Paragraph 12 of the Lease is hereby deleted in its entirety and is of no further force and effect. 6. Default. Owner shall be able to terminate this Agreement only in the event of a default by Tenant, which default is not cured within either (a) ten (10) business days of Tenant's receipt of written notice of a monetary default, or (b) sixty (60) days of Tenant's receipt of written notice of a non -monetary default, provided, however, in the event that Tenant has diligently commenced to cure a non -monetary default within sixty (60) days of Tenant's actual receipt of notice thereof and reasonably requires additional time beyond the 60 -day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the 60 -day cure period) to effect the cure. 7. Legal Description; Survey. The Parties hereby agree that the correct legal descriptions for the Parent Parcel, Site and the non-exclusive ingress and egress and utility easements leased by Tenant are as shown on Exhibit A attached hereto, which exhibit is incorporated herein by reference for all purposes. The Parties further agree that an as -built survey reflecting the correct legal description of the Sire is shown on Exhibit B attached hereto and by this reference made a part hereof. Accordingly, the Parties hereby delete Exhibit A and Exhibit B of the Agreement and agree that the legal descriptions shown on Exhibit A attached hereto shall supersede and replace the legal descriptions that are attached to Site Name: Quantum Park 2 Site #: 91997 Page 500 of 717 the Agreement, and the as -built survey shown on Exhibit B attached hereto shall supersede and replace the depiction of the Site attached to the Agreement. 8. Rent. The Parties hereby acknowledge and agree that all applicable increases and escalations to the rental payments under the Agreement (the 'Rent") shall continue in full force and effect through October 11, 2024. Effective October 12, 2024 and on each successive annual anniversary thereof, Rent shall increase by an amount equal to five percent (5%) of the Rent then in effect. 9. Owner and Tenant Acknowledgments. Except as modified herein, the Agreement and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. The Parties hereby agree that no defaults exist under the Agreement. To the extent Tenant needed consent and/or approval from Owner for any of Tenant's activities at and uses of the site prior to the Effective Date, Owner's execution of this Amendment is and shall be considered consent to and approval of all such activities and uses. Owner hereby acknowledges and agrees that Tenant shall not need consent and/or approval from Owner for any future activities at or uses of the Site, including, without limitation, subleasing and licensing to additional customers all or any portion of Tenant's interest in this Agreement, as modified by this Amendment. The terms, provisions, and conditions of this Section shall survive the execution and delivery of this Amendment. 10. Notice. The Parties hereby replace any notice address for Tenant under the Agreement with the following: TENANT: UniSite, LLC Attn: Land Management Re: ATC Site No. #91997 — Quantum Park 10 Presidential Way Woburn, MA 01801 with a copy to: Uni Site, LLC Attn: Legal Department Re: ATC Site No. #91997 — Quantum Park 116 Huntington Ave. Boston, MA 02116 11. Amendment Consideration. In consideration for amending the Agreement, Tenant agrees to pay Owner the amount of Twenty Thousand and 00/100 Dollars ($20,000.00) within sixty (60) days of the Effective Date of this Amendment by both parties. 12. Representations, Warranties and Covenants of Owner. Owner represents, warrants and covenants to Tenant that: (i) to the extent applicable, Owner is duly organized, validly existing, and in good standing in the jurisdiction in which Owner was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) Owner Site Name: Quantum Park 3 Site #: 91997 Page 501 of 717 has the full power and authority to enter into and perform its obligations under this Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of Owner, have the authority to enter into and deliver this Amendment on behalf of Owner; (iii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Owner of this Amendment; (iv) Owner is the sole owner of the Site and all other portions of the Parent Parcel; and (v) there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Site or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant's rights under the Agreement, as amended and modified by this Amendment. The representations and warranties of Owner made in this Section shall survive the execution and delivery of this Amendment. Owner hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this Amendment. 13. IRS Form W-9. Owner agrees to provide Tenant with a completed IRS Form W- 9, or its equivalent, upon execution of this Amendment and at such other times as may be reasonably requested by Tenant. In the event Owner's property on which the Site is located is transferred, the succeeding owner shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in rental to the new owner. Owner's failure to provide the IRS Form W-9 within thirty (30) days after Tenant's request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 14. Construction of Documents. Each party hereto acknowledges that this Amendment shall not be construed in favor of or against the drafter hereof. 15. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Amendment is hereby amended to be consistent. 16. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 17. Entire Agreement. The Agreement (as amended by this Amendment) embodies the final, entire agreement between the parties with respect to the subject matter of this Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral agreements or discussions of or on behalf of the parties to this Amendment. Site Name: Quantum Park 4 Site #: 91997 Page 502 of 717 18. Counterparts. This Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 19. Recordation. Tenant and Owner agree that a copy of this Amendment (or a Memorandum thereof) shall be recorded in the public records of Palm Beach County, Florida upon execution of this Amendment. The cost for recordation shall be paid by Tenant. 20. Governing Law, Jurisdiction and Venue. The Agreement (as amended by this Amendment) has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The Agreement (as amended by this Amendment) shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for any action arising from or related to the Agreement (as amended by this Amendment) shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 21. Sovereign Immunity. Owner is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement (as amended by this Amendment) is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement (as amended by this Amendment), or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Owner of the limitation from liability provided to the State's subdivisions by state law. 22. Waiver. Notwithstanding anything to the contrary contained herein, in no event shall Owner or Tenant be liable to the other for, and Owner and Tenant hereby waive, to the fullest extent permitted under applicable law, the right to recover incidental, consequential (including, without limitation, lost profits, loss of use or loss of business opportunity), punitive, exemplary and similar damages. 23. Tenant's Securitization Rights; Estoppel. Owner hereby consents to the granting by Tenant of one or more leasehold mortgages, collateral assignments, liens, and/or other security interests (collectively, a "Security Interest") in Tenant's interest in this Agreement, as amended, and all of Tenant's property and fixtures attached to and lying within the Site and further consents to the exercise by Tenant's mortgagee ("Tenant's Mortgagee") of its rights to exercise its remedies, including without limitation foreclosure, with respect to any such Security Interest. Owner shall recognize the holder of any such Security Interest of which Owner is given prior written notice (any such holder, a "Holder") as "Tenant" hereunder in the event a Holder succeeds to the interest of Tenant hereunder by the exercise of such remedies. Owner further agrees to execute a written estoppel certificate within thirty (30) days of written request of the same by Tenant or Holder. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Site Name: Quantum Park 5 Site #: 91997 Page 503 of 717 Site Name: Quantum Park Site #: 91997 Page 504 of 717 IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to be duly executed as of the Effective Date. IM ATTEST: CITY OF BOYNTON BEACH a Florida municipal corporation IM City Clerk Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY IM Office of the City Attorney Mayor [SIGNATURES CONTINUE ON FOLLOWING PAGE] Site Name: Quantum Park Site #: 91997 Page 505 of 717 WITNESSES: Print Name: Print Name: THE STATE OF COUNTY OF UNISITE, LLC, a Delaware limited liability company By: _ Name: Title: Date: The foregoing Second Amendment to Ground Lease Agreement was acknowledged before me this day of , 2016, by , of Global Signal Acquisitions II LLC, a Delaware limited liability company, the Attorney -in -Fact of UNISITE, LLC, a Delaware limited liability company, for and on behalf of said entity and for the purposes, intents and consideration stated in the foregoing Second Amendment to Ground Lease Agreement. He/She is personally known to me or has produced as identification. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] Site Name: Quantum Park 8 Site #: 91997 Page 506 of 717 EXHIBIT A PARENT PARCEL -Lot 92, Quantum Park at Boynton Beach, P.I.D., 'Plat No. 3 as recorded in Plat Book 60, Pages 29-31, of the Public Records of Palm Beach County, Florida, containing 15.79ac. SITE A PARCEL OF LAND BE IING A PORTION OF LOT 92, QUANTUM PARK AT BOYNTON BEACH, PID PLAT NO.3 AS RECORDED IN PLAT BOOK 60 PAGE 29-31 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING THE AGGREGATE OF A LEASE AREA DESCRIBED IN OFFICIAL RECORD BOOK 11346, PAGE 356, AND AN ADDITIONAL LEASE AREA OF 300 SQUARE FEET DESCRIBED AS IINDICATED ON ATTACHMENT C-1 IN OFFICIAL RECORD BOOK 23632 PAGE 1988 AND IIS DESCRIBED AS FOLLOWS: ALL BEARINGS IIN THIS DESCRIPTION ARE BASED ON GRIID NORTH FLORIDA EAST ZONE. COMMENCE AT THE EASTERLY MOST NORTHEAST CORNER OF LOT 92 AND RUN ALONG THE EASTERLY LINE OF LOT 92 AND A CURVE TO THE RIGHT, HAVING A RADIIUS OF 1320.00 FEET, CENTRAL ANGLE 238'57",CHORD S19'40'28"W 61.03 FEET, A DIISTANCE OF 61.03 FEETTO A POIINT; THENCE ON A RADIAL LINE N69'0,0'04"W 5.00 FEET TO THE POINT OF BEGINNING, THENCE N71'39'01"W 50.00 FEET; THENCE N19'46'55"E 55.80, FEET,-, THENCE S71'39"01"E 50.00 FEET TO A POINT ON A CURVE TO THE RIGHT THENCE, ALONG SAID CURVE HAVING A RADIUS OF 1315.00 FEET, CENTRAL ANGLE 2-25'53", CHORD S19 -47'00"W 55.80 FEET, A DISTANCE OF 55.80 FEET TO TH E POINT OF BEGINNING AND CONTAINING 2800 SQUARE FEET., ACCESS AND UTILITIES A PARCEL OF LAND BEING A PORTION OF LOT 92, QUANTUM PARK AT BOYNTON BEACH, PID PLAT NO.3 AS RECORDED IN PLAT BOOK 60 PAGE 29-31 OF THE PUBLIC RECORDS PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: ALL BEARINGS IN THIS DESCRIPTION ARE BASED ON GRID NORTH FLORIDA EAST ZONE. A STRIP OF LAND FOR ACCESS TO QUANTUM BOULEVARD, 12 FEET IN WIDTH, LYING 6 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLIN E: COMMENCE AT THE MOST EASTERN NORTHEAST CORNER OF LOT 92 AND RUN WITH THE EASTERLY LINE OF SAID LOT ALONG A CURVE TO THE RIGHT, RADIUS 1320.00 FEET, CENTRAL ANGLE 2.25'53-, CHORD 519'40'28"W 61.03 FEET, A DISTANCE OF 61.03 FEET TO A POINT; THENCE A RADIAL LIINE N69'00'04"W 5.00 FEET TO THE SOUTHEAST CORNER OF A LEASE AREA; THENCE ALONG THE SOUTHERLY LINE OF THE LEASE AREA 35.35 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF THE ACCESS EASEMENT S28'16'04"W 79.27 FEET; THENCE S16'36"07"W 132.07 FEET; THENCE S9'06,'25'W 133.12'; THENCE S4'15"26"W 140.04 FEET; THENCE S0'03'39'E 100.75 FEET; THENCE S12'10"34"E 224.48 FEET TO A POINT ON THE NORTHERLY RI1GHT-OF-WAY OF QUANTUM BOULEVARD, SAID POINT BEING THE POINT OF TERMINUS. SIDE LINES OF 12 FOOT STRIP TO EXTEND OR SHORTEN TO INTERSECT THE LEASE AREA BOUNDARY AND THE RIGHT-OF-WAY OF QUANTUM BOULEVARD. ACCESS EASEMENT STRIP CONTAINS 9,717 SQUARE FEET OR 0.223 ACRE. Site Name: Quantum Park Site #: 91997 Page 507 of 717 EXHIBIT B — As -Built Survey (on following page) Site Name: Quantum Park Site #: 91997 Page 508 of 717 Site Name: Quantum Park Site #: 91997 Page 509 of 717 >t k' 9rc t• t� f da 3� s [!,� � � hi• }gw i S; r d Site Name: Quantum Park Site #: 91997 Page 509 of 717 t• t� f da 3� s [!,� � � hi• }gw t t §tu 3 J fyI d d i .Y ji u r. 1 f m �g h* eft' pr n 1 f 4,- '� M If Cp v� Site Name: Quantum Park Site #: 91997 Page 509 of 717 '- O» LEASE AREA -O' LEMS ARE, Site Name: Quantum Park Site #: 91997 Page 510 of 717 EXHIBIT C — Memorandum of Agreement (on following page) Site Name: Quantum Park Site #: 91997 Page 511 of 717 Prepared by and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management/Anil J. Makhij a, Esq ATC Site No: 91997 Prior Recorded Lease Reference: Book 11346, Page 356 Document No: 99-371965 ATC Site Name: Quantum Park State of Florida Assessor's Parcel No(s): 43-45-17-09-000-0920 County of Palm Beach MEMORANDUM OF LEASE This Memorandum of Lease (the "Memorandum") is entered into on the day of 201 by and between CITY OF BOYNTON BEACH ("Owner') a Florida municipal corporation having a mailing address of PO Box 310, Boynton Beach, Florida 33425-0310 and UNISITE, LLC, a Delaware limited liability company ("Tenant"), a Delaware limited liability company (Owner and Tenant, collectively, the "Parties"). NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s). Parent Parcel and Lease. Owner is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcel"). Owner (or its predecessor -in -interest) and Tenant (or its predecessor -in -interest) entered into that certain Ground Lease Agreement dated on September 3, 1999 as adopted by the Owner on November 2, 1999 by that certain Resolution No. R99-145 (as the same may have been amended, renewed, extended, restated, and/or modified from time to time, collectively, the "Agreement"), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities and, if applicable, easements for guy wires and guy anchors, all as more particularly described in the Agreement (such leasehold and easement rights and interests, collectively, the "Site"), which Site is also described on Exhibit A. Site Name: Quantum Park Site #: 91997 Page 512 of 717 2. Expiration Date. Subj ect to the terms, provisions, and conditions of the Agreement, and assuming the exercise by Tenant of all renewal options contained in the Agreement, the final expiration date of the Agreement would be October 11, 2049. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Agreement. Site Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Agreement, to cause an as -built survey of the Site to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Site set forth on Exhibit A with a legal description or legal descriptions based upon such as -built survey. Upon Tenant's request, Owner shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the Agreement. 4. Right of First Refusal. There is a right of first refusal in the Agreement. 5. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Agreement. In the event of a conflict between this Memorandum and the Agreement, the Agreement shall control. Owner hereby grants the right to Tenant to complete and execute on behalf of Owner any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum. 6. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein; To Owner at: PO Box 310, Boynton Beach, Florida 33425-0310; To Tenant at: Attn: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn: Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 7. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 8. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Site is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. [,SIGNATURES FOLLOW ON NEXT PAGE] Site Name: Quantum Park 2 Site #: 91997 Page 513 of 717 IN WITNESS WHEREOF, Owner and Tenant have each executed this Memorandum as of the day first above written. OWNER City of Boynton Beach a Florida municipal corporation Signature: Print Name: Title: Date: State/Commonwealth of County of 2 WITNESSES Signature: Print Name: Signature: Print Name: WITNESS AND ACKNOWLEDGEMENT On this day of Notary Public, personally appeared 201 , before me, the undersigned , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [ SEAL] [,SIGNATURES CONTINUE ON NEXT PAGE] Site Name: Quantum Park 3 Site #: 91997 Page 514 of 717 TENANT UniSite, LLC a Delaware limited liability company Signature: Print Name: Title: Date: WITNESS Signature: Print Name: Signature: Print Name: WITNESS AND ACKNOWLEDGEMENT Commonwealth of Massachusetts County of Middlesex On this day of Notary Public, personally appeared 201 , before me, the undersigned , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: Site Name: Quantum Park Site #: 91997 4 [ SEAL] Page 515 of 717 EXHIBIT A PARENT PARCEL -Lot 92, Qtiantum Park at Boynton Beach, P.I.D., Plat No. 3 as recorded in Plat Book 60, Pages 29-31 of the Public Records of Palm Beach County, Florida, containing 15.79ac, SITE A PARCEL OF LAND BE IING A PORTION OF LOT 92, QUANTUM PARK AT BOYNTON BEACH, PID PLAT NO.3 AS RECORDED IN PLAT BOOK 60 PAGE 29-31 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING THE AGGREGATE OF A LEASE AREA DESCRIBED IN OFFICIAL RECORD BOOK 11346, PAGE 356, AND AN ADDITIONAL LEASE AREA OF 300 SQUARE FEET DESCRIBED AS IINDICATED ON ATTACHMENT C-1 IN OFFICIAL RECORD BOOK 23632 PAGE 1988 AND IS DESCRIBED AS FOLLOWS: ALL BEARINGS IIN THIS DESCRIPTION ARE BASED ON GRIID NORTH FLORIDA EAST ZONE. COMMENCE ATTHE EASTERLY MOST NORTHEAST CORNER OF LOT 92 AND RUN ALONG THE EASTERLY LINE OF LOT 92 AND A CURVE TO THE RIIGHT, HAVING A RADIIUIS OF 1320.00 FEET, CENTRAL ANGLE 2.38'57" CHORD S19'40'28"W 61.03 FEET, A DIISTANCE OF 61.03 FEETTO A POIINT; THENCE ON A RADIAL LINE N69'00'04"W 5.00 FEET TO THE POINT OF BEGINNING, THENCE N71'39'01"W 50.00 FEET, THENCE N19'46'55"E 55.80 FEET,-, THENCE S71'39'01"E 50.00 FEET TO A POINT ON A CURVE TO THE RIGHT THENCE; ALONG SAID CURVE HAVING A RADIUS OF 1315.00 FEET, CENTRAL ANGLE 2-25'53", CHORD 519-47'00"W 55.80 FEET, A DISTANCE OF 55.80 FEET TO TH E POINT OF BEGINNING AND CONTAINING 2800 SQUARE FEET., ACCESS AND UTILITIES A PARCEL OF LAND BEING A PORTION OF LOT 92, QUANTUM PARK AT BOYNTON BEACH, PID PLAT NO.3 AS RECORDED IN PLAT BOOK 60 PAGE 29-31 OF THE PUBLIC RECORDS PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: ALL BEARINGS IN THIS DESCRIPTION ARE BASED ON GRID NORTH FLORIDA EAST ZONE. A STRIP OF LAND FOR ACCESS TO QUANTUM BOULEVARD, 12 FEET IN WIDTH, LYING 6 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE ATTHE MOST EASTERN NORTHEAST CORNER OF LOT 92 AND RUIN WITH THE EASTERLY LINE OF SAID LOT ALONG A CURVE TO THE RIGHT, RADIUS 1320.00 FEET, CENTRAL ANGLE 2-25'53-, CHORD S19'40'28"W 61.03 FEET, A DISTANCE OF 61.03 FEET TO A POINT; THENCE A RADIAL LIINE N69'00'04"W 5.00 FEET TO THE SOUTHEAST CORNER OF A LEASE AREA; THENCE ALONG THE SOUTHERLY LINE OF THE LEASE AREA 35.35 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF THE ACCESS EASEMENT S28'16'04"W 79.27 FEET; THENCE S16'36"07"W 132.07 FEET; THENCE S9'06'25'W 133.12'; THENCE S4'15'26"W 140.04 FEET; THENCE S0'03'39"E 100.75 FEET; THENCE S12'10'34"E 224.48 FEET TO A POINT ON THE NORTHERLY RIIGHT-OF-WAY OF QUANTUM BOULEVARD, SAID POINT BEING THE POINT OF TERMINUS. SIDE LINES OF 12 FOOT STRIP TO EXTEND OR SHORTEN TO INTERSECT THE LEASE AREA BOUNDARY AND THE RIGHT-OF-WAY OF QUANTUM BOULEVARD. ACCESS EASEMENT STRIP CONTAINS 9,717 SQUARE FEET OR 0.223 ACRE. Site Name: Quantum Park Site #: 91997 Page 516 of 717 12. B. NEW BUSINESS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-104 - Authorize the City Manager to sign an Agreement with CareATC of Tulsa, OK to provide Employee Health Center Administration as a result of RFP No. 037-1610-16/J MA. EXPLANATION OF REQUEST: On May 5, 2016, the City opened five (5) proposals in response to RFP No. 037-1610-16/JMA "RFP for Employee Health Center Administration". All proposals were evaluated by the following review committee: Julie Oldbury, Director of HR & Risk Colin Groff, Assistant City Manager Dustin Kuehn, Gehring Group Tim McPherson, HR & Risk Manager Toby Athol, Police Detective Jon McMahon, Firefighter II Oral presentations were heard from all proposers on June 29 & 30, 2016. After all presentations were completed the reviewers evaluated each proposal based on the criteria set forth in the RFP document. Based on the evaluations the review committee recommends the City enter into an Agreement for Employee Health Center Administration with CareATC, Inc. of Tulsa, OK who was the highest ranked proposer. CareATC operates the following clinics in Florida: City of Tampa 4,500 employees, opened in 2011, currently has 2 clinics for City employees and their families. City of Cocoa 450 employees, opened 2014 City of Olsmar & Tarpon Springs 500 employees, opened 2013 It is anticipated that the City owned facility will be ready by the end of November 2016 and the agreement with CareATC could commence no later than first week of January 2017. The recommendation by the review committee includes: Agreement Period: To be for forty-two (42) months as per the RFP and ability to renew for two (2) additional one (1) year periods. Also to include an evaluation by the City and its benefits consultants as to the usage of the Clinic after six (6) and twelve (12) months of operations. The agreement allows for the City to cancel the contract with thirty (30) days notice to the provider. Site: To house the Clinic in City owned building located on the Southeast corner of S. Seacrest Blvd and E. Woolbright Rd (i.e. Utility Admin Bldg), the facility includes 2 separate exam rooms. Staffing: Open 30 hours per week 1 Physician, 20 hours per week 1 Part Time Nurse Practioner, 10 hours per week 2 Part Time Medical Assts, 30 hours per week each Page 517 of 717 Hours of Operation: (Proposed) Monday: 9am - 5pm (closed from 1:00-2:OOpm) Tuesday: 9am - 5pm (closed from 1:00-2:OOpm) Wednesday: 9am - 5pm (closed from 1:00-2:OOpm) Thursday: 8am - 1 pm Friday: 8am - 12pm Neighboring municipal clinics hours: Delray Beach (32hrs): Mon -Wed 9:OOarrF5:00pm (closed from 1-2pm) Thursday: 7:30am-1:30pm Friday: 7: 00arrF 12: 00pm WPB (57hrs): Mon-Thurs: 7:OOam-6:OOpm Friday: 7: OOarrF6:00pm Saturday: 8:OOam-12:OOpm Staff will gather employee feedback as during the operation of the clinic to determine if adjustments to operations would be beneficial. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Clinic would be available to employees, dependents, and retirees that are covered under the City's health insurance plan. Services would include primary care, acute and urgent care, immunizations, injections, new hire physicals, fitness for duty physicals, drug testing, annual public safety physicals, exams and screenings, some prescriptions. In addition the clinic would provide job injury services including initial treatment of work related injuries in accordance with Florida Workers Compensation law. Employees, dependents or retirees would have a $40 office fee visit for acute care (sick) visit and visits for management of chronic conditions. The clinic would administer generic non-narcotic pre-packaged medications dose pack at no cost to the patient for the following conditions; allergy, antibiotic, antifungal, antiviral, asthma, cardiovascular, cholesterol, diabetes, inflammation/pain, injections/immunizations, etc.. CareATC has a standard formulary list to begin with and will work with the City and to identify any additional medications that could be further benefit to offer in the CareATC clinic. FISCAL IMPACT: Non -budgeted The estimated start up costs is $44,642 and estimated monthly administration, medical staff, supplies, medications, HSA processing fee, and technology costs is $51,550 or annual costs of $618,600. Total first year costs would be approximately $663,242 ($618,600 + $44,642). For FY 16/17 the costs are estimated to be: One time start up costs: $ 44,642 Jan -Sept costs (9 x $51,550) 463.950 Est Costs for FY 16/17 508,592 Costs of the Clinic operations ($508,592) will be included in the Risk Management FY 16/17 proposed budget, there are $72,800 of costs currently in the Risk proposed budget that will be re -allocated to the clinic costs leaving $435,792 of funding that will need to be allocated to the general, utility, and solid waste funds in the FY16/17 budget. Allocation will be based on percentage of full-time equivalents. The allocation that will be included in the FY16/17 budget will be as follows: General (75%) $326,844 Utility (20%) 87,158 Page 518 of 717 Solid Waste (5%) 21,790 Total Costs allocated $435,792 In the General fund there are approximately $155,000 costs included in the Fire and Police budgets for physicals that will be re -allocated to be transferred to the Risk fund for the clinic. This will leave $171,844 ($326,844-$155,000) that the General fund will need to budget in the FY16/17 proposed budget. ALTERNATIVES: Do not approve the agreement with CareATC and consider other proposers; Modify RFP and re -advertise; or Do not approve and do not move forward with Employee Clinic. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Agreement D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Human Resources Finance Legal City Manager Description Resolution approving and authorizing the City Manager to sign an Agreement with CareATC for Professional Health Administrator Agreement CareATC Summary of Scores Gehring Eval of RFP's Tab Sheet CareATC Proposal Reviewer Action Date Oldbury, Julie Approved 8/8/2016 - 12:41 PM Howard, Tim Approved 8/11/2016 - 11:41 AM Swanson, Lynn Approved 8/11/2016 - 2:33 PM LaVerriere, Lori Approved 8/11/2016 - 2:42 PM Page 519 of 717 1 RESOLUTION R16- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN AN AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND CAREATC, INC., FOR 8 PROFESSIONAL HEALTH ADMINISTRATOR; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on May 5, 2016, the City opened five (5) proposals in response to RFP 12 No. 037-1610-16/JMA "RFP for Employee Health Center Administration"; and 13 WHEREAS, oral presentations were heard from all proposers on June 29 and 30, 2016 14 and after all presentations were completed the review committee evaluated each proposal based 15 on the criteria set forth in the RFP document; and 16 WHEREAS, based on the evaluations, the review committee recommends the City 17 enter into an Agreement for Employee Health Center Administration with CareATC, Inc., of 18 Tulsa, OK who was the highest ranked proposer; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 20 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 21 Beach to approve and authorize the City Manager to sign an Agreement for Professional Health 22 Administrator with CareATC, Inc., of Tulsa, OK, for an initial period of forty-two (42) months 23 with the option to renew for two (2) additional one (1) year periods. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7EEC241D-935B-409E-80F6-C9BC485BC61E\Boynton Beach. 3794.1. Professional _ Health_ Administrator Agreement-_Reso.doc Page 520 of 717 29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 30 the City Manager to sign an Agreement for Professional Health Administrator with CareATC, 31 Inc., of Tulsa, OK, for an initial period of forty-two (42) months with the option to renew for 32 two (2) additional one (1) year periods, a copy of which Agreement is attached hereto and made 33 a part hereof as Exhibit "A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2016. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7EEC241D-935B-409E-80F6-C9BC485BC61E\Boynton Beach. 3794.1.Professional_Health_Administrator Agreement-_Reso.doc Page 521 of 717 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROFESSIONAL HEALTH ADMINISTRATOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CareATC, Inc. of Tulsa, OK , hereinafter referred to as "Professional Health Administrator', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Professional is retained by the City to administer an onsite employee health center clinic for the City to provide employees and local retirees access to the highest levels of primary, urgent, prescription, and occupational health care. 2. SCOPE OF SERVICES. Professional agrees to perform the services as outlined in RFP No. 037-1610-16/JMA, and incorporated herein: Price Proposal (pages 30 to 36 of the RFP). "No modifications will be made to the original scope of work without the written approval of the City Manager or her designee. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Professional to proceed. Professional shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of Forty -Two (42) Months commencing with the opening of the clinic on or about January 1, 2017 as outlined in the notice to proceed. This Agreement may be renewed at the same terms, conditions, and prices, for two (2) subsequent one-year periods subject to Professional's acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 5. PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL" (Exhibit "A"). b. The Professional may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. c. Final payment of any balance due the Professional of the total 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. d. 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. e. The Professional'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. Page 522 of 717 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced by the Professional in connection with the services rendered under this Agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Professional 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. Professional 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 fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. 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 Professional and the City agree that the Professional 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 Professional nor any employee of Professional 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 Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, 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 Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, 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. 2 Page 523 of 717 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional 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 Professional 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: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: Paul Keeling, Chief Business Development Officer CareATC, Inc. 4500 S 129th E 48th Place Tulsa, OK 74134 pkeeling@careatc.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional 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 Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. Page 524 of 717 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 4 Page 525 of 717 DATED this day of 120. 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Changing Healthcare Caring for your most valuable asset - your people - is the mark of every successful organization. But the historl healthcare model can make this noble commitment challenging. Too often, healthcare is delivered after potent health risks become major problems, and costs only continue to rise. I At CareATC, we've been leading the charge for transforming health - and lives - through our distinctively proactive approach to workforce health. Our model is revolutionary it its simplicity, and the results we achieve speak for themselves. Time after time, we've proven that by removing the barriers to primary care, better health and lower costs follow. Since our inception, we've been fueled by our passion to improve lives through a fusion of outstanding patient experience, superior access to care, and dedication to quality. Value of Partnership For most companies, the cost of health care to the bottom line has clearly reached a pinnacle, The outdated model of focusing company resources on medical treatment, rather than prevention, can no longer be sustained. But simply providing better access to preventive medicine doesn't guarantee a better experience or improved health outcomes. Instead, employers should be seeking an experienced partner to help deliver a bold and comprehensive paradigm shift for the well-being of their entire organization. Forward -thinking organizations are re -inventing themselves by moving to the ledges with purpose. They value dialogue and understand that other people are usually at the center of their success. Out by the ledge, the currency is trust. Only when you decide to jump, can you experience something new. As employers remain responsible for the majority of all healthcare costs, the pursuit for innovative ways to keep employees healthy is more important than ever before. By investing in a partnership with CareATC, you'll have the power to drive change in ways you never thought possible. Better health, lower costs. There's a natural order to this truth on which we were founded. Better health comes first Wecause people come first. .cross the countr)6 organizations like vours MIKARNAIQ 11;�MEJUIRMRMOV "Mm K44QV, -#TQAMnT171,MM -I Mr, U Page 539 of 717 Page 540 of 717 Qualifications and Experience Launched initially as a pilot in 1998, CareATC focused solely on improving workforce health. In 2000, after achieving resounding success, the company was spun out of a third party administrator with more than 35 years of experience in reducing healthcare costs. Vhe CareATC mission is simw.IeLP-: health of their workforce. The vision is to create the most sustainable solution to rising costs by promoting health, !F,reventing disease, and providing a shorter path to care. FINTL71-a =eiiaring ?M, cea ana lea Several Mealtricare information technology companies including Benefit Informatics, a healthcare data analytics company, and CIS Technology, a company that developed software for hospital claims processing and revenue cycle management. Today, CareATC serves employers in 22 states and provides custornizable population health management solutions like On-site & S?L' Management, Health Coaching, Wellness Programming, Health Data Analytics, Telerned[cine, Pharmacy Solutions, Direct Contracting, and more. Rt CareATC we believe that he 114­--SINY44�L�tr-af drive more engagement, better outcomes, and lower QIan costs. j*v)tay I offer'Ina corvew1ext;vrrP J Available 'in many different shapes and sizes, our primary care centers are the platform on which patient -centered medical homes (PCMH) are created. In addition to providing comprehensive medical care designed to treat acute and chronic i1hress. our nrovI4_-r_q_v_[nA*Jr_P_L , ip_-i - Our f-virilp-t -TUT Focused on quality and safety Accessible dM-Dasea atproacn to expanded care delivery. A medical provider directs the healthcare team - comprised of medical assistants, nurses, ancillary support staff, and administrative staff - to deliver care in a proactive and planned manner. Using custom and Integrated technologies, our healthcare teams can procure and distribute evidence -based resources desioned to heln i-rdividiivir, p%gj-_ en compliance, and lifestyle management. Cam'ATC Response to RFP for Employee Health CenterAdministratfon 7 Page 541 of 717 I TF-slippurrf-UFF mission UT 1MpFoTeUFRUWaTWe"ve created an actionable approach to care that maximizes outcomes by identifying risk, and focusing on areas determined to be most impactful to the health of your employees and their families. We call this process the CareATC Methodology. It's impossible to get where you want to go without first knowing where you are. This fundamental truth is why we place a significant amount of focus on obtaining information regarding the health, and risk that exists within the organization. This initial assessment Is our baseline, the foundation for everything that we do. To prove how important it is. we've assembled a tale "Ll law -A assessments available an!--Nhere. Unlike most other methods of unprecedented 98% draw accuracy rate, and a 99% participant satisfaction rate. �I;Tmgj platform scores and segments each participant based on risk, to provide a level of priority and guidance for our oatlent outreach team. ThrouC!h -2nd health risk within their worWorce. is higher participation than classic fee-for-service models - and better health outcomes. To help drive participation, our oatient outreach teams work cillic-lently to make U& patient portal, mobile app, and health education library - your employees are literally never more than a few feet from health information or access to care. And to help validate the quality of our clinic experience, CareATC: recently became the first and only provider of On -Site and Multi -Employer Clinics to achieve 100% Network Accreditation from the Accreditation Association for Ambulatory Health Care (AAAHC). This accreditation is a symbol of quality, recognizing that all 64 our clinics (1xrPAdAAAWj7_EQ_q,J -- _- �bvly&nj Wgst ;txvztm__s Tm standards of care. CoreATC Response to RFP for Employee Health Center Administration 8 Page 542 of 717 At CareATC, we believe that individuals improve more when they fully understand the impact of the choices they make. To support this belief, we emphasize a team -based a roach to exfanded care delive directs the healthcare team — comprised of medical assistants, nurses, ancillary support staff, and administrative staff — to deliver care in a proactive and planned manner. Regular patient outreach improves how providers and clinical staff interact with our patients by extending medical support beyond the clinical environment Additionally, it promotes a stronger partnership between patients and Droviders. ' ' . h-nyei;veY"—e?Lt,-Ynfy :n care delivery - With the C I-vkg effectiveness, and financial performance of your direct primary care initiatives. Our measurement platforms harnesses the power of multiple data sources to help bring substantial amounts of clarity regarding the risk, cost, and health outcomes of your workforce. Further, our analytics team proactively identifies opportunities for lm�2rovement an clinic infrastructure that you're investing Using the clinics as a convenient delivery platform, our integrated risk management solution extends medical acumen far belljond traditional ra yes. With centric approach to advanced care delivery, At the core—oijx�%t"w,?&/kc ;� -V patients based on their health status and identifies the best opportunities for improvement. Using Johns Hopkins ACO risk scoring and powerful care management dashboards, we're able to deploy a unique and highly intelligent Rpproach to population health management. CoMIATC Response to RFP For Employee Health Center Administration 9 Page 543 of 717 On-site & Near -Site Primary Care Clinics CareATC Primary Care Centers provides employees and their families with comprehensive medical care designed to treat acute illness and chronic disease. By focusing on risk identification, patient outreach, and pharmacy compliance, our clinicians can effectively treat and manage the health of your entire workforce. Conveniently located either on-site or nearby, CareATC Primary Care Centers provide your employees with what they want most — better health care. Board certified medical providers No fees for services rendered Convenient access with little -to -no waiting Pharmacy & labs dispensed on-site • Electronic medical records • Painless appointment scheduling Clean, beautiful clinic environments wl AAAHC Accreditation Powerful reporting and analytics • Patient portal and mobile app • On-site X -Ray Occupational Care CareATC currently provides occupational care to a number of our clients and will use this experience, as well as input from the City, to establish a successful) occupational care program within the clinic. CareATC occupational care services inclube, but are not limited to: Drug and alcohol screenings (pre-employment, post -accident and reasonable suspicion, random, DOT, etc) Pre-employment screenings Fit -for -duty exams • Police/Firefighter physicals • Cotinine Testing screenings DOT Physicals Urgent Care for on the job injuries Occupational health data is stored within the same technology platform, but is segmented by firewalls setup inside the EH R to prevent unauthorized access to the data. As your partner this allows us access to both occupational & non -occupational health information so we can better report on the overall health of the population. CareATC Response to RFP for Employee Health Center Administration 10 Page 544 of 717 I L baseline. It's the foundation for everything that we do. This comprehensive blometric screening provides patients, medical providers, and employers with powerful information designed to kick-start their mission for better health and lower costs. Unlike most lipid screenings today, the CareATC PHA conveys an important message about the overall health, and risk, of each participant, Advanced multi -panel lipid screening • Highly trained in-house phlebotomy teams Full EMR, patient portal, and mobile app integration Patient accountability and outreach • Comprehensive results booklet for each patient • Historic comparisons and trending Cardiovascular risk analysis • Customlzable incentive programming Robust aggregate reporting At CareATC, Chronic Disease Management is objective, proactive, and patient -centered. Individualized care is integrated across the entire spectrum of disease, and the prevention of comorbid conditions. Through early -eetecti-ti, ixtemextlix, Rcc*uA_t-r1.ffllV. we're R�rde t* F44ress ariail c*rraact risk factirs; ass-sciatel.•with all V.riyers­ *f coronary artery disease. Our disease-specific care plans are designed to build awareness, spark conversations, drive action, and promote the physical and mental well-being of all participants, • Physician -led, individualized care planning Care teams for accountability and support • Health education materials One-to-one coaching with RD's (optional) Organizational health programming (optional) CareATC Response to RFP for Employee HeatM Center Administration 11 Page 545 of 717 CareATC offers fully customizable wellness programs designed to deliver bottom-line savings. Our incentive management platform, HealthPassport (HP), was designed specifically to adapt to any company's brand and culture. With a powerful, easy-to-use interface, HP makes it simple for your employees to stay engaged with company -wide health and wellness initiatives. Turn -key wellness program design and administration • Custom branded wellness portal • Incentive management Activity & nutrition tracking • Fitness device & app integration Health education library • Team competitions • Powerful administrative reporting no -cost visits for your employees and their family members. The resuft is higher utilization, and lower costs, �1 M j a -11 1 �_w A % I Tt X TO �. t N M - - - I. - • - I prevent illness, improve productivity, and reduce the overall cost of healthcare. KFC r 1012 �"�l�Ilk,'��,Jl`u,l'll't"� All 96 Page 546 of 717 your 2roU?.. Whether it is with e-mal[s refrigerator magnets, our marketing team is available to greatest impact on your population. Typically, CareATC will initially conduct information meetings for employees/dependents and provide print -ready mailers, fliers, e-mail correspondence, etc. programs and provide poster and payroll stuffers. CareATC offers a range of complimentary marketing and promotional materials to provide prevention, education and outreach materials to your population. Our in-house marketing department works directly with our Chief Medical Officer, Clinic Operations, and Client Sextices Mvxy.gers ts Xrvvife j;%fjirmatl,*?i that is raleyvnt en a in and ai2.-#AfcahlP to P 0�r""'%-"V'!" V' ­ A, ..... . ....... C'niri , '-a ig Page 547 of 717 Digital Patient Engagement Patient Portal Our 'industry-leading patient portal isn't just about bits and bytes. It's about connecting more people to their health, more often. With the ability to schedule appointments, access medical records, and engage with our vast library of health education materials, the CareATC Patient Portal helps put patients back in control of their health and well-being. • Clean, Easy -to -Use Interface Desktop and Mobile App Appointment Scheduling • Encounter History •Medical Records • Interactive Clinic Finder & Maps •PHA Results • Downloadable PHA Booklet • Health Education Library • Wellness Programs Patient Feedback Center Mobile App The CareATC App brings all the convenience of the Patient Portal right to your fingertips. Interactive Health Profile Appointment reminders Medication refill -• Interactive PHA 14 Page 548 of 717 V ,a)" J-efy-rt - - FrOM 713- emplialer otr pro7juers ano MoVirate our patrents. Data is how we drive prevention and wellness. And it's how we fuel our passion for making a real difference in peoples lives. Not only do we leverage data to keep our clients up-to-date of the status of their clinics and our impact on their overall health plan costs, but to also help our doctors make informed treatment decisions for their patients. We acc*3mpWok Ws w'o a, tXree-,ir*xgeV, ?�,xr*2cX tXRt �eglns vdt" f?sMt*-2rV if metrics-c-4tv-LIthe clinic itself, sw-I 11N.quality and patient as ca.aaad or monthly, depending upon the client's preferences, Our second layer of data analytics focuses on the patient. Combining claim, prescription, blometric and clinic encounter data, we summarize all of a patientjs interactions with the healthcare system over the past twelve months and provide it in a scorecard format to the clinic physician at the time of the visit. The scorecard includes a list of the diagnoses, procedures and prescriptions for the patient as well as compliance detail for both chronic conditions and preventive screenings. Additionally. blometric scores for up to 12 different blood draws are shown to help the physician track changes 'in a patient's health status. The final piece of our reporting program aggregates the clinic and patient data and combines that with financial RA4 utz2flix j!et?fl fr.FYA tXe cl!eAt's hei1t% triXr*vlle relylar Yx,9atL—,vf the Xr(tEra-ss the clinic has ma. -Ya hT iwnrnv! f wi;1'1171• CoreATC Response to RFP for Employee Hoofth Center Administration 15 Page 549 of 717 �2, 11TdILVI-e-renardf ww'' r"'m wminffnir a competitive advantage through improved employee health, better marketplace connectivity, operational transparency, and maximum risk visibility. quality and drive down cost. primary care when they need to most. This results in higher levels of participation than classic fee-for-service models, and promotes a stronger, more productive patient -provider relationship. More iTFnn-taitiv. our -tfodel creatp-; n11tc;tA'rdm'f M1,9NIII:V, 'iX njLL.#jjgVA-R 7 'wjr 0 care professionals will proactively engage your entire workforce. K03M=' A Our unique perspective on innovation provides clients with a clear-cut advantage. As founder of CIS Technologies and Benefit Informatics, our CEO, Philip Kurtz, is no stranger to the world of technological innovation and health data analytics. This expertise, along with over 15 years of industry experience, has positioned CareATC as a thought -leader in health care innovation and technology. Risk Stratification Our one -of -a -kind risk stratification process combines biometrics, behavior, medical history, past health claims, and patient demographics to paint an accurate picture of health risk, the associated costs, and opportunities for improvement. No Incentive for Downstream Revenue Our intentional lack of of illation with hospitals or specialty groups, combined with longer, more focused appointments, creates an outstanding advantage by substantially reducing medical waste, such as unnecessary specialty referrals and imaging. Unlike many of our competitors, CareATCO providers are not incentivized or reimbursed for referral volume. Our staff is incentivized only by high patient satisfaction and positive health outcomes, which motivates them to get and keep your workforce healthy and productive. CareATC Response to RFP for Employee Health Center Administration 16 Page 550 of 717 1. Proven track record with over 15 years of success 2.1 Network Accreditation with Accreditation Associate for Ambulatory Health Care 3. National footprint • Operations in 22 states across the nation 4. Full-time management to • Two division support centers located In Tulsa, OK and Palm Harbor, FL 7 Clinical Services Managers 7 Client Services Managers 2 Clinic Coordinators 6. Board-certifled family physicians leading a certified medical staff Highly accomplished Chief Medical Officer who leads a National Physician Leadership Group •Best Practices established in every CareATC6 clinic Physician led medication prescribing / dispensing practices • Step -therapy for medications 7. Full-service Coroora I ('_& S. Cutting-edge IT systems Online and phone appointment scheduling eClinicalWorks Electronic Medical Records (EMR) also viewable online or on our app on your mobile device • Powerful Health Data Analytics powered by Benefitfocus Analytics • Comprehensive clinical reporting • Predicting clinical modeling 9. Robust Personal Health Assessments Blometric screening panel via fasting, intravenous blood draw Performed by in-house phlebotomy team CoreATC Response to RFP for Employee Health Center Administration 17 Page 551 of 717 City of Boynton Beach Account Management Team Our Eastern Division team based out of Palm Harbor, FL will be responsible for this account. In addition to the 'Ifendy's extensive background of connecting the medical community with public entities and private enterprise throu,vh workers comyensation in the field of healthcare management. Oversees all operations relating to the client and services within the clinic. -.d'::.. cross functional team that Is able to anticipate and deliver solutions to meet client requirements. Ability to understand and anticipate clients' existing and future needs in depth and communicate this withfir tile teaw. Develop compelling solutions to client issues. Responsible for setting and delivering key business metrics, including: utilization, satisfaction, population health management, as well as hard and soft ROL Jennifer %Wmiters, Manager of Client Services Jennifer is our Client Services Manager; serves as primary contact for all aspects of the Care TCO program. • Reports to the Director with day-to-day needs of the client. • Serves as business manager being fully conversant with financial and strategic planning tools, including return on investment and cost -benefit analysis. • Allocate resources and track performance; make adjustments as necessary to fulfill the client's wellness strategy. Communicate strategy and direction effectively across the team, both in the CareATC Corporate Support Center and client's organization (i.e. HR, Wellness Coordinator, etc.) Maintains weekly contact with clients via telephone or email. Conducts quarterly meetings with clients to discuss reporting results and any Issues the client wishes to address .zssisting and training new clinic employees and overseeing the daily functions of our clinics. Reports to the Director with operations specific to the clinic. Maintains supply of all required medical supplies and pharmaceuticals. Manages clinic staff members. Responsible for training new staff members and continuing education for existing staff members. Maintains daily phone or email contact with each clinic. Conducts site visits on a quarterly basis to ensure staff Responsible for training new staff members and continuing education for existing staff members - Maintains daily phone or email contact with each clinic. CareATCRL-sponse to RFP for Employee Health Center Administration 18 Page 552 of 717 adminstrative and operational tasks. MMIFON a - Places all orders for medications and supplies needed in the clinic Sends weekly operational electronic medical record reports to clinics - reports include missing lCD9/lCD10 codes; progress notes; open encounters and unlocked notes Cross-eferences Personal Health Assessment Log Collect, review and submit monthly client expenses to Client Services Manager I Philip joined CareATC in 2013 as Chief Executive Officer after having founded and served as the CEO of Benefit Informatics, a healthcare data analytics company with more than 7,000 employers and 5 million members on th platform. ZA more years. c— processing and revenue cycle management, where he served as President and CEO from 1985 to 2000. After taking the company public on NASDAQ the company merged with National Date Corporation and is now part of Mckesson Corporation. 7T&-&—d=t TLT1r3-US=rh=, n-a-=Pnasis on aeveioping ousiness sonware In oil and gas taxation, construction and the medical industry. Jay joined CareATC1n 2013 as Chief Financial Officer after having served as the CFO of Benefit Informatics, a healthcare data -7• lii i♦ Benefit Informatics was sold to Benefitfocus, and Jay relocated to the Benefitfocus corporate headquarters as the Director of Finance. At Benefitfocus, he was primarily responsible for planning and forecasting, and he worked closely with the senior leadership team to take the company public. I Prior to Benefit Informatics, Jay was with Century Healthcare Corporation. At Century he served as Director of Accounting, significantly improving the timeliness and accuracy of the corporate and consolidated accounting functions. He was the management team. I industries including healthcare, oil and gas, insurance, banking and others, Jackson earned a Bachelors degree in Business Administration - Accounting from Oklahoma State University, and is a Certified Public Accountant. CareATC Response to PFP for Employee Health Center Administration 19 Page 553 of 717 Ann joined CareATC in January 2015 as the Director of Development and Provider Contracting after serving as the Oklahoma Executive Director for Aetna, a national insurance carrier with over 80,000 members in the State of Oklahoma. Prior to the acquisition by Aetna/Coventry, Ann launched the Oklahoma Health Plan for Coventry Healthcare and organically achieved membership growth of over 25,000 commercial members and revenue in excess of t_70_00a_0_0_GJA_,TW!P_x_Ax, Previously, Ann served as the Chief Contracting Officer for Springer Clinic, a multi -specialty physician owned oroanizat'on- where she lead theAn_axaeP_rLrAcP_rr&_t7,-_s contract negotiations yielded revenue increases by $6,000,000. In addition, Ann was a member of the acquisition team, where she led the managed care contract performance evaluation process. From 1993 to 2002, Ann served several different roles at Pacificare, most significant as the Director of Sales and Account Management. Pacificare grew rapidly during the nineties and excee•• - 00,000 members In the Oklahoma market, Dr. Kim Hutton, Chief Medical Officer Dr. Kimberly Hutton has served as the Chief Medical Officer for CareATC since 2010. As a strong supporter of the employer-sponsored clinic model, Dr. Hutton began with CareATC as a provider at CareATC Clinics in the Tulsa area. Prior to joining CareATC, Dr. Hutton worked for Utica Park Clinics in Tulsa for 10 years while continuing part-time emergency work. Serving on the Utica Park Medical Executive Committee for four years, she worked closely with physicians and administrators throughout the region. Her professional interests 'include treating chronic disease to goal, as well as reducing the health risks of hypertension, hyperl'ipidemia and diabetes. In addition, she enjoys treating women's health issues, mental illness, and pediatric and adolescent health concerns. Dr. Hutton earned her medical degree from The University of Kansas School of Medicine in Kansas City in 1996 after receiving her bachelor's degree in biology from The University of Kansas in Lawrence 1991. In 1999, she completed her residency in family medicine at Trinity Lutheran Hospital in Kansas City, Missouri, where she served as Chief Resident, and was named "Resident of the Year." From there, she moved to Oklahoma and practiced both emergency medicine and family practice in Tahlequah, Pryor and Muskogee. Dr. Hutton Is board-certified in family practice. Paul Keeling, Chief Business Development Officer Since 2004, Paul Keeling has promoted CareATC's name and mission to business communities across the nation. He also works to develop and maintain relationships with existing customers, as well as secure new business. After earning a bachelor's of science degree from Northeastern State Universitylin Tahlequah, Oklahoma, Keeling worked for Aetna and The Hartford, where he specialized in high risk workers' compensation in the Dallas market. Returning to Tulsa several years later, he served as Risk Manager for the Maxwell Company, where he was instrumental in self -funding its health and workers' compensation plans, positioning it for substantial growth in a highly competitive market. Later, Keeling served as Branch and Area Manager for Maxwell/StaffMark. He then helped launch MyStaf in Tulsa, serving as General Manager/Partner before joining CareATC in 2004. � ponse to RFP for Employee Health Center Administration 24: Page 554 of 717 Rusty Wyrick, Vice President, Information Technology Rusty joined CareATC in November 2015 as the Vice President of Information Technology after serving as the Engineering Product Owner for the Benefit Analytics platform at Benefitfocus. Rusty was responsible for the design and architecture of the SaaS platform which handled millions of members and has in excess of I billion claims. Prior to the Benefiffocus acquisition of Benefit Informatics, Rusty served as the Sr. Manager of Software Engineering overseeing the development of both SaaS platforms as well as the IT infrastructure and back-office systems. Rusty has extensive experience designing and building data warehouses with an emphasis on the role big data can play in healthcare. Rusty's background has included a heavy emphasis on software engineering in energy, telecom and healthcare utilizing both NET and Java frameworks, With a strong focus on dev ops, Rusty has played a key rote in the Integration of agile development methodologies in several of his previous roles using both Scrum and Kanban. First and foremost Rusty is passionate about the role technology and data analytics play in delivering care to patients. Rusty holds a Bachelor of Science in Business Administration from Oklahoma State University as well as his GBA certification. LIU Tickle Rice 'is a 15 -year veteran of the benefits business and an expert in healthcare claims, coding, reporting and analytics. Rice spent a decade in key administrative roles at Blue Cross and Blue Shield of Oklahoma and then served as Product Manager for Data and Analytics at Benefitfocus, helping to create and commercialize 1)kX1•tv,vtive I.2ta tvils t+ XeIA kstk k:eAefit& 2ri!-ministratars anf'-r-�*- mers makea fact4asel 1eclsivns a�plvxt their healthcare benefits. In her current role as Director of Anslytics for CareATC, Rice is using her years of claim and data analytics experiexce t* Xel1­ieve41 lA1ustA,­Ie2.1fmS re1*,<1m_ir fir tyr clieznk as w, -fl as--"p;urrrt i.yr clinicat staff aot th" patients they care for with analytic tools that allow our doctors to make well-informed decisions about the best treatment options. Keith began working for CareATC0 in January 2011. His initial role was to setup an Account Management department to act as liaison between the client and operations. After completing that task he was quickly promoted to lead our Purchasing and Facilities operations. Keith's background includes 24 years working in purchasing/material management and 12 years prior to coming onboard as General Contractor. Keith recently achieved his EDAC (evidence -based design accrediclation and certlfcation) from the Center for Health Design. As the Director of Facilities, Keith This unique skill set enables the CareATC team to design, build and setup our clinics in the most timely and cost effective manner. The process begins by locating and surveying a physical location. In the case of the City of Boynton Beach, Keith wilt audit the existing location to ensure it meets the standards required by AAAHC and CareATC internal standards. If needed and a.wroved by the the City is interested in a new location, Keith will identify locations that are convenient for both employees and their families. CareATC Response to RFP for Employee Health Center Administration 21 Page 555 of 717 Keith will develop CAD drawings fo the clinic that are quickly converted into a set of construction drawings complete with all desired specifications. Keith and his team will closely monitor construction to ensure propoer implementation of design features and necessar�L comLdiance reyulrements, U -Kon com;*I[etion we meticulouslo n .Jarin-f tur internal design team, I . I - _Ay1t_Ce�55_)W_jra1_WP_r1frJ 1: f72TAT1frVrrUf-L C. T ces-5MM I are based on credible evidence that's proven to enhance patient experience and health outcomes - both of which vssist in reducing overall cost of care. In the healthcare industry; this philosophy is known as evidence -based lesign. Countless studies have shown that the more intentional, beautiful, and functional the clinic environment is, the higher the perceived quality of care. This assists enormously in the reduction of anxiety and an IncreasIll perception of value, both of which benefit our clients 11- -it I M 6 , Jeremy joined CareATC in 2014 as Director of Marketing and is responsible for all branding, inbound lead generation, and communication strategies. His unique "hands-on" approach to strategy and idea development is helping to position CareATC as a National leader in Employer -Funded Healthcare. Jeremy's professional background includes successful roles in Healthcare Marketing, Shopper Marketing, and Business Development, and his entrepreneurial success assists heavily in product development and process refinement. He graduated with an Art Depree from John Brown UniversiW1 In 2007 and 'in 2010 was selected as a Top Young Professional in Northwest Arkansas. • 11111111 ITS III I I Jackie serves as our Quality, Compliance, & Privacy Officer for the organization. Shejolned our team in July 2012. She has been a Registered Nurse for 23 years and has worked in the quality and regulatory arena for most of her nursing career. She oversees all quality, regulatory and compliance initiatives. Areas of responsibility include credentialing, risk management, 'infection control, HIPAA, clinical education & training, employee health, care management and PHA team and production. She is also a surveyor for (AAAHq Accreditation Association for Arribulatoq,, Health Care. Her 19 iears of suiI organizations throughout the United States are indicative of her commitment and dedication to ensuring the delivery of quality services. CoreATC Response to RFP for Employee Heatth Center Administration 22 Page 556 of 717 (Fixed Staffing Mix and our ,R7RF7,"771 Proposed Service Hours 30 Hours /Week Administrative Pricing (Per EE per Month) $25.00* Fees Guaranteed for 18 months October 1, 2016 to March 31, 2018 YES Projected Weekly Administrative sts $4,209.01 Projected Monthly Administrative Costs $18,225 N Recommended Medical Staff Hours Provide cost per our Tavel cost for each staff niember: to title: ARN P 30 hours per week Staff 1 (ARNP) Cost/ hour: $68.90 Total Weekly Cost: $2067 Staff title: Collaborating Physician for ARNP 3 hours per week ost/Hour: 9® Total weekly Cost: $448.50 Staff title: MedicalAssistant Staff 2 (Medical Assistant) 30 hours perweek Cost/ hour: $24.00 Total$720.00 Staff title: Front Desk to 3 (Front Desk) 30 hours per week Cost / hour: $24.00 Total Week�,Cost. $720.00 The physician ray have hospital privileges if necessary, but it has been CareATC's experience to Hospital Privileges; List Hospital(s) date that patients requiring hospitalization are typically under the care of a specialist or hospitallst. Who will provide alternative staffing for vacation, niness, CareATC(D works with to locum tonens providers etc.? and staffing agencies to provide coverage in the clinics when needed. CareATC8 will verify credentials and ensure all liability insurance is in place. The cost of the locum tenens providers are included in the benefits oft e clinic providers. Total Projected Weekly Medical to Cost $3,955.50 Total Projected Monthly Medical to Cost $17,127.32 City of Boynton Beach RFP No. 037-1610-16/1MA 23 Page 557 of 717 recommend based on the City's expected utlilzation. 7 City of Boynton Beach RFP No. 037-1610-16/JMA 24 Page 558 of 717 ME IN Proposed Service Hours 30 hours /week Admtrative Pricing (Per EE per Month) $25.00* Number of Years fees guaranteed and fixed �2 months 'requested length of agreement) Projected Weekly Administrative Costs Projected Monthly Administrative Costs Recommended o Medical Staff Hurs Provide staffing, number of staff, and estimated costs. Staff title: Physician Staff 1 (Physician) No. of hours/week: 20 Cost per hour-, $149.50 Total WeeklILCqst: $2,990 Staff title: ARNP Staff 2 (ARNP) No. of hours/week: 10 Cost per hour: $68.90 ...... - -------- Total Weaklu rnat- 'Ott 89 Staff title: Medical Assista�� Staff 3 (Medical Assistant) No. of hours/week. 60 Cost per hour.- $24 — ----- Total Weekly Cost:$1,440------,-------- Staff title: We propose having two medical Staff 4 (I.e, Front Desk) assistants who will be cross trained in both medical assistant duties as well as front desk duties. physician may have hospital privileges if Hospital Privileges; List Hospital(s) necessary, but it has been CareATC's experience to= % the care of a specialis hospitallst. Who will provide alternative staffing for vacation, are T works with local locum tenens provide illness, etc.? and staffing agencies to provide coverage in the and ensure all liability insurance is in place. The cos of the locum tenens providers are included in the benefits of the clinic providers. Total Projected Weekly Medical Staff Cost 1$5,119.00 Total Projected Monthly Medical Staff Cost $22,165.27 City of Boynton Beach RFP No. 037-1610-16/JMA 24 Page 558 of 717 E This fee structure is based on "Per Employee Per Month" (PEPM) pricing with all other costs passed through. The PEPM administrative fee is inclusive of all central services, including: Access to CareATC discounts on medications, lab work, equipment, and supplies Chronic Disease Management program Dedicated Client and Clinical Service Managers Evidence based clinical design and Implementation management IT/web tools • Liability insurance Marketing materials production • Patient services/call center • PHA follow-up Physician management Quality control Occupational care for those not on the health plan Operating Costs • 1 Part -Time Nurse Practitioner ($68.90/hour x 30 hours/week x 4.33 weeks/month) ........................... $8,950.11 • I Part -Time Medical Assistant ($24/hour x 30 hours/week x 4.33 weeks/month) ....................................$3,117.60 1 Part -Time Front Desk ($24/hour x 30 hours/week x 4.33 weeks/month) ................................................. $3,117.60 1 Collaborating Physician ($149.50/hour x 3 hours/week x 4.33 weeks/month) ........................................ $1,942.01 Estimated monthly cost of supplies, medications, and labs ..... ................................. . ..... ............................. $9,112.50 • Monthly HSA Processing Fee ........................ . .......... .................. ................ ..................... .............................. $75.00 • Technology Costs ....................................................................... . ....................... .................. .................................. $1,975.00 HardwarelSoftwore, EMR and AnoWics, /T Support, Phonelinternet, Patient Portal and Mobile App Total Estimated Monthly Cost ................................................................... TotalEstimated Annual Cost .............................................................................................................................. $558,177.78 . Total Estimated PEPM ........................ ..................... -- ................................................. ................................ ................ $63.81 One -Time Start -Up Cost ..................................................................................................................................... $44,642.47 • Medical furniture and equipment ......... — ............................. . ............................................................................ $19,774.70 • Medical supplies ........... ................ .................... ................. __ ............ . . .... ........ ............................ ...... - ....... $4,081.87 • Prescription medications ............................. ... — .................. ..................... __ ............................... ....... — ................ $7,732.79 Officesupplies and furniture .................... -- ......................................... ......... .... -- ........................................... ... $3,003.11 ProviderEMIR licensing ........... .................................... - .... ................................... ................................................ $5,500.00 StaffEMR training ................................................................................................................... . .............................. -$4,250.00 • HSA Processing Implementation Fee .................................................................................................................... $300.00 W Page 559 of 717 j ­67T-r'-Z7EMMp oyee all other costs passed through. I lie PEPM administrative fee is inclusive of all central services, including: Access to CareATC discounts on medications, lab work, equipment, and supplies Chronic Disease Management program Dedicated Client and Clinical Service Managers Evidence based clinical design and Implementation management IT/web tools Liability insurance Marketing materials production Patient services/call center PHA follow-up Physician management Quality control • Occupational care for those not on the health plan MONTHLY ADMINISTRATIVE FEE 1729 ee x $25.00mol; .......................... SJ8,225.00 1 Operating Costs 1 Physician ($149.50/hour x 20 hours/week x 4.33 weeks/month) .... ....................................................... $12,94670 1 Part -Time Nurse Practitioner ($68.90/hour x 10 hours/week x 4.33 weeks/month) .......................... $2,983.37 2 Part -Time Medical Assistant ($24/hour x 30 hours/week x 2 MRs x 4.33 weeks/month) ...............$6,235.20 Estimated monthly cost of supplies, medications, and labs .................................. . ........................................ $9,112.50 • Monthly HSA Processing Fee ...................................................................................................................................... $75.00 • Technology Costs ...................................................................................................................................................... $1,975.00 HardwarelSoftLvare. EMR and AnaVics, IT Support,Phonefinternet, Patient Portal and Mobile App Total Estimated Monthly Cost ................. Total Estimated Annual Cost ............................................................................................................................ $618,633.24 . Total Estimated PEPM .............. ............. __ ............................... ............................... ................................................. __$70.72 One -Time Start -Up Cost ..................................................................................................................................... $44,642.4•7 Medical furniture and equipment ................................... _ .................................................................................... $19.774.70 Medicalsupplies ............................................ ................................................ .......................................................... $4,081.87 Prescriptionmedications ........................................................................................................ ......................$7,732.79 Officesupplies and furniture ............................................................... __ .................................... .......................... $39003.11 ProviderEMR licensing ..................................................................................................... . ... . .............................. $5,500.00 • Staff EMR training .............. ............................... . .......... ..................................... ............................................... $4,250.00 • HSA Processing Implementation Fee ........................................ . ......................................................................... $300.00 CareATC Response to RFP for Ernployee Heolth CenterAdministration 26 Page 560 of 717 PHAPricing .................... ................................................... tJrJA*T14 Personal Health Assessments provide a snapshot of your employees' health through laboratory screenings, medical history; and physical factors. These include cholesterol. alucose level,;- L Hood grPssurt- The Personal Health A- •- or before they turn into large company claims. The goal is to identify and treat the small percentage of individuals in your plan that spends the majority of your claims dollars. Improving the health of your employees starts with 2 the health of your employees. What happens during a PHA? First, participants complete a brief medical history form. We then measure their height, weight, and blood pressure, Lastly, we take a single blood sample from their arm. This total PHA process takes about five minutes to complete. How do participants receive results? Participants receive a customized, confidential summary of their PHA results. CareATC® malls this report directly to the participant. It is also available to participants to view on-line. Only the participants themselves have access to this confidential information. What Information will I receive about my employees? CareATCO provides employers with a comprehensive aggregate report of their employees' health. This report includes aggregate information on demographics, risk factors, and health conditions. It does not include participants' confidential or personal information. What is included in the standard PHA? The Personal Health Assessment identifies over 30 lab values and lifestyle factors in the following categories: Vitals (Height, Weight, Waist Measurement, BNII, Blood Pressure, Tobacco Use, Seatbelt Use) Heart (Total Cholesterol, HDL Cholesterol, LDL Cholesterol, VLDL, Triglycerides) Liver (Albumin Serum, Total Protein, Globulin, Alk Phosphatase, AST (SGOT), ALT (SGPT), Bilirubin Total, A/G Ratio) Endocrine (Glucose, HgbA1C, TSH. PSA (Males 45 or older)) Kidneys (Sodium, Potassium, Chloride, BUN, Creatinine, BUN/Creatinine Ratio, Calcium, Carbon Dioxide) Complete Blood Count White Blood Count, Red Blood Count, Hemoglobin, Platelets, MCV, MCH, MCHC, Lymphs, Monocytes, Eos, Basos, Neutrophils) CareATC Response to RFP for Employee Heolth Center Administration 27 Page 561 of 717 24/7/365 Telemedicine .......................................................... I .......................... HealthPassport Wellness Portal ........................................... &-b 0„. R . Annual Hosting ...................................................................... W� Page 562 of 717 In order to provide a fair and accurate ROI analysis of the proposed services, we would need detailed claim data. However, we v • - - _-N -LWe-s-L T c - •_t4n4' ts.i; US-R,7d av- K*Vw' •'fTYrR*'F'n•r�rz4ff we have achieved with their programs over a four-year period. A 36% average increase in the number of primary care visits, including the clinic, with an average reduction of 29% in the cost of primary care paid for through the health plan. For Boynton Beach, this would equate to an estimated savings of $ 194.000. An average of 26% lower prescription volume processed through the health plan. Boynton Beach is currently paying an average of $114.58 per retail script for a total of $1,652,005. The average cost per script provided through CareATC clinics is $13.59. Assuming 26% of prescriptions are routed through the clinic, the resulting savings would be an estimated $378,553. An average of a 10% reduction in hospital admissions which would equate to an estimated savings of $182,160. "t"WN nzei'W � 11, i a) M E & , ��rn Est Savings $ 606,371 $713,378 $792,642 $880,713 Est Cost $ 634,670. $653,710 $673,322 $693,521 Est RO[ $ 0.95 $ 1.0!3 $ U7 $1-27 These customers also saw an average of 10% fewer catastrophic cases and an 18% increase in number of preventive screenings The average health plan cost for members engaged in our clinic was 30% lower than those not engaged with the clinic Admissions per 1000 members was an average of 34% lower for our engaged population Compliance with preventive and evidence -based medicine screenings averaged 26% higher for our clinic participants than non-part[cipants CareATC Response to RFP for Employee Health Center Administration 29 Page 563 of 717 Proposed Administrative Scope of Si — Part 1 r,. ktv,-.: t 0'�-• J �)ia Clink rrrr uorurrururr ru ..._.__ ,,..,,. Y _ ._ .._,.._.._.._.._. .._...._.._..��._.._._..,...__.._._.�_.._...W,._.._,...._.,,....._....,,,....,....__................_....._..�....a.»w_,.....,.............w.............�...,..__.._...__.�.3 rr 11 ¢I Meedication ord� �_.._.._.._.._.._ Yes Outro r'tl _. a.__.��....mt..�.+_,_µ.� i tidr ......._,......._.._..w. m ar^+. {" ,may gw� 4'%yy��yy 11'�''#A2,¢^a W y..�.., Worl er orru� . sAtion .oc. 4r ua io ry, S s M ino r a,rnent Yes aint n incew lur oar t ._�frour_ilqq internet maintenance----- Yes O ngoing evaluation roc urnplr�rr entatroru c . rt ff u`r �orr�ant __.Yes --------- RecrUlting Ye r ri nfir liar service reports our Medical Yes professional Annual! e 'orr no review and qualify Yes control of medical st ff _..a_._ _..__------- ._. rall »....,_.�_.__.�.� _''7 fry,n ...�_._..___._.._.._.._.._.._._..____.....,�.,.....,..�..m_.._..�_.__.__.. No ; _ _.__...�_��......._ of chn 4 f rr !�i ointment sch llun Yo Patient nt ccess to labs rr riuol r� _ _._. _ __.....___...._..__._ _._ � software rn rr en arra u�. orf._.__. _ � Yrs � __. .__ _ rrllro �llror foufor _.___._.._..__ _ ..................a_.._.._.._.__....___. Monthl ruflli afion iPrf ...... ___.__.._...._.__. _.._..� "'bras nii fu�ruf_satlsfactionsqport even n Pry q! sHealth Risk.Assessment Programa (or old .._.. Yos ali oor or assessments- ..r _.__.._ P _. P coal � � jiu"1»iru inn l and iourietrio __. n �»... ,. _.M.w.. dos _. _. __... and ro lr or... o ,» _..._ __.__.. _.. _ ... _.._...s r�ilrro to rra. cult Yes _.-._ e w--- .......... g oof'1�� rltl'; ll:re r�14Jr��� _ torr � sir fi tiro clinic Yes 1Prompt!Ejg__�2!�uoffts and se.wmes..._-_._.._. e _. __. _ �_. »._f..». _m.......�._..__. __. Medicalrlrs �_. µ.0 rorgeruc,y Services: r site laboratory, "'es 5 mondX-_`,�ys _....... _. .._.__ �trains, sprains, ruts, and sfiches Ye i .._.__ nDislocations n fracturesc: linter nand torero b qyrrarno lYes _....�_.._...�...__.._..Yes 6ro�tl"ulrr frtrruor�t �._.._.. _.._.. _p..____._.._.._.._ Ear Ear nd sinus Infections tions __.. ______.._._..W.._..._...._..___ s _..___._.._.._.._.._._� ... _-__.._.._.m_.._..�_._.. �.._.______.._.._..__......_.._.._�_g s w it l "�u----------------------- I I _ Yes City of Boynton Beach RFP No.037-1610-i6/JMA 30 Page 564 of 717 Proposed Administrative Scope of Services Part 2 a Yfy--- f : l oufine medical exams and rq ular follow-yps __. ! r! 1nes and headaches _---- _.._.__. �ure na ement Sorg: throats, coughs, earaches, fevers, o�J hs a flu morula ars flushots _ l of atria inchidir til calculations Pa iiarf education arilcase r�� rs a mere___._.._ �fafrr ,trtr� at plat ___ l�ildhor illnesses School, sports, and caml)ybyeical exams omen'sHealth: Pao smears and brat exam rice tract inf ofions, 15-r� a tes ar rf o sfr for r i fi r o pital i!j ati ql: caro------ -------_. . fff fs f �ellness Coaches _§R�Oallzed Case and DiseasemMana m ��f.. n -sato f ire ffl v a -q- o" f br itworksite clinical services Pfaff tie for __.. �aTina _.. m _.w.._..__ � tion nsite collection Me Lnj! !!js and blood kpoitngresults omedical rourftirt. m lrtrfior� of clefs W,tf Or Sita j�..f insoatlor _._ Storkf.fo _prescribedrifiofifrfrrefrrr. ri l' and trach actual usa of al dispensed medications Please include your recommended initial formulary by drug_ ._ lasses- up naLWorker's CqqwtqPeq!qn Services First.Repor _._Treatment thru Maximum Medical IMit f Pr ! n e Sar lona (drug screens, physicals, DOT, fo City of Boynton Beach RFP No.037-1614-16/JA ■ Yes ca ided-b the liniclan Yes o Yes Yes (if _ra is onsite) Yep________.____._. Yes Yes Standard formulary included in the Attachments Yes Yes RE Page 565 of 717 CareATC Response to RFP for Employee Health Center Administration 32 Page 566 of 717 1. Please include the following information about your firm In your response. A. Gualifications and experience of the proposer, Including type of business entity, organizational size, structure and h[StorYof the rr��Wxr If that would contract for services to the City. Initially launched as a pBot program in 1998, CareATC was designed to improve emp,loyee health whHo slmuitaneousK, reducing ernployer heMthcare costs. The program achieved resounding success and 412000, was spun out of Healthcare Solutions Group, a third adrninlstrator with mxr%nhmwAJW, y4jiaqx#*gMqv0,Aw w je ln reducing heaithcare costs, CareATC is led by Philip Kurtz, KUrtz jolneid CareATC after having founded and served as the CEO of several hiealMcare Information technology compariles including Benent Infortnatics, a healthcare data ariaytics company, and CIS Technology, a company that developed software for hospital claims processing and revenue ,cycle management, Today, CareATC provides customizable healthcare solutions for employers, Including Personal Health Assessments, employer-sponsored Primary Care Centers, and Chronic Disease Management. Our cornpany currently serves clients in 22 states, including Arizona, Arkansas, Florida, Georgia, Illinois, Indiana, loora, Kansas, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, North Carolina, Ohio, Oklahoma, Tennessee, Texas, Washington, Wisconsin and West Virginia, CareATC headquarters are located in Tulsa, OK at 4500 S 129th E Ave, Suite 191, Our Eastern Division Team Would be responsible for management of the City's account, They are based out of our Eastern Division headquarters located at 34560 US Highway 19 North, Suite 102, Palm Harbor FL, 34684, Organizational Structure The success of our program relies heavily on the relationship between our clinic staff and Corporate Support Center-, The chart below outlines this structure. Our Corporate support is centered around serving three grOUPS of people: our clients, providers, arid our patients, . .. . .... ....... ...... . .... .... . . . ... ... ............. A, ......... ... I ..... .. . .......... .. . .......... . ..... . ..... . ... .. ........... . ................ ut', 11 . .. ... .. ..... .......................... ... . WIWI 6", . .. ...c mu .. . ................. . . . .. .......... . . ...... ...................... ........................................... . ............ ...... .... ....... .................. .. ..... . ........ . ....... . . ...... .. .................... . Ji 'k . ......... .. .. .... .. . ..... ... ....... L... . ......... . . . ...... . . . .............. ................... . .. . ...... . .... . I . .................... - - ----- --------------------------- - -.............................. . ............. .. . ... ................. - - - ---------------------------- CoreATC Response to RFP for Employee Healm Center Administration 33 Page 567 of 717 B. List at least three current contracts for the services described In this RFP for public entities, indicating current contracts for services described In the RFP for three (3) other enes to include information listed above. (Please Include In a separate section as outlined on the Proposal Format Instructions Page). City of Tampa, FL 102 E Ah Avenue, Tampa, FL 33602 Regina Lock-DePass, Risk Manager 813.274.5737 lrnpVerrrented thy: first cfinlc in 1=:cbruary of 2011; the second dlnVc Vocaflon was opened in May of 2011. Roth dlNcs are dedicated to City of Tampa employees and their firnG les City of Cocoa 65 Stone Street, Cocoa, F"L 32922 Tarnivy Gornmattl, Administrative Services Director 321.433.8665 Implemented in 2014. This clinic is dedicated to City of Cocoa en,iployees and their families Tulsa Fire Health and Welfare Trrist. 175 E 2nd Street, Suite 595, Tulsa, OK 74103 Gerald Garrett, Planning and Research Officer 918,596.1783 This group joined our Tulsa Near -Site Network consisting of 5 clinics in 2011. Clinics are shared with other employer groups in the City. These clinics are open to our employer partners. This reference information has also been included in the Reforcrices section as requested. C. Identify whether the medica I services were performed on-site In a facility that was dedicated to the &-rzik;E ;Ea -11, zi-ma-1 In ai-rufF-wiz- lat 1&1 ead o;Eerdted by the company. See above, Over the last 15 years, we have had some clients that were either participating in the near -site network or had an on-site clinic that have terminated or not renewed their contract. Care ATCA•- has primarily been removed or replaced as an on-site clinic contractor to meet short-term financial objectives related to the client's primary business, or the client partnered with a local provider. Generally, these former clients are willing to become a reference and source of recommendation for CareATCAs and Still Utilize less cost fntensrve products and services such as our Pel'sonal Health Assessment, For more information, please contact Paul Keeling, Chief Business Development Officer at 918179.7414. E. Explain your capability with integrating clinic costs with the City's Health Savings Account. When a client has an HSA, CareATC will solicit payment from the Participant's Health Savings Account. CareATC wRl onlin seek, to reire I !, their calendar year deductible. Payment will not be collected for Preventative Covered Services. Preventative services covered at the clinic that will riot be charged �nclude� CareATCResponse to RFP for Employee Health CenterAdmInistration 34 Page 568 of 717 Periodic Hoatth Evaluations, including test arid diagnostic procedures ordered in connection with routine examinations, such as physicals Personal Health Assessment Reviews Routine Well Child Visits over the age of two Weight Loss Counseling Screening Services: Pap Smears, Colorectal Cancer Screenb,)g (Hemoccult Screenings) Telephonic Pharmacy Refills United States preventative Services Task Force A and B Recommendations Services Requiring $40 Office Visit Fee: . Acute Care . Management of Chronic Conditions We will issue credit on the monthly bill to reimburse City for HSA payments accepted within the clinic. CareATC has executed a contract with Commerce Bank's Point of Care System to access payer eligibility files and deductible accumulators. A receipt is generated and the patient may submit the receipt to their carrier for deductible credit. In addition, CareATC has the capability to generate aggregate deducUble. reports to the carder; depending upon the frequency of the report a fee will be charged. F. Key Person Designation — Identify the InclivIdual who will be the primary contact. Steve Thomas, SVP of Business Development located in Orlando, FL will have primary responsibility for the contract. Once the contract is signed the ongoing service responsibilities will be handled by our Eastern Division management tearn. Wendy White heads up the team and her background is listed below. Wendy White, Director of Client and Clinical Services Wendy's extensive background of connecting the medical community with public entities and private enterprise through workers compensation, health insurance administration & human resources gives her a unique perspective in the field of healthcare management. Has overall responsibility of the account and will be introduced to the client at corittact signing, Oversees all operations relating to the client and services within the clinic. Leads a cross functional team that is able to anticipate and deliver solutions to meet client requirements - Ability to understand and anticipate clients' existing and future needs in depth and communicate this within the team. Develop compelling, solutions to client issues, Responsible foo setting and delivering key business metrics, including- utilization, satisfaction, population health management, as well as hard and soft. ROL CoreATC Response to RFP for Employee Health Center Administration 35 Page 569 of 717 with the respondent's liability Insurance carrier for professional error and omissions, including the nature and business organizations, or other outside agencies against the respondent or any of its agents or employee withTn the past five (5) years, together with an explanation of their resolution. We do not have any claims filed against us with our liability insurance carrier, David Combs, MD Dr. David Combs is board certified in Farnily Medicine. He earned a Doctor of Medicine degree in 1990 frons thc University of Oklahoma. He completed an internship and residency in Family Medicine at University of Oklahoma. Dr, Combs joined CaieXrC in 2013. Angela Mosby, MD Dr. Angela Mosby is board certified in Family Medicine. She earned a Doctor of Medicine degree in 1998 front the University of Arkansas for Medical Services, She completed an internship arid residency in Irarrrily Medidne at the University of Arkansas for Medical Services. Dr. Mosb,y joined CaneATC `- in 21009. 'Tiarl Harris, MD, MPH Dr. Tiad Harris is board certified in Occupational Medicine. She earned a Doctor of Medicine degree in 1985 from Oral Roberts University School of Medicine. Dr. Harris also earned a Master of Public Health degree in 1992 frorn the University of Oklahoma Health Science Center. Sho cornpleted an internship in Family Medicine and a residency in Occupational Medicine at the University of Oklahoma, Dr. Harris joined CareATC in 2013. I.Nhere will the office management be located? J. Provide Insight on how the vendor manages timeliness of visits and the usage of staff downtime (If any). Appointment-, are set for 30 minutes each. Preventative and chronic care is our objective in the clinic - we are committed to uncovering the catastrophic Illnesses that can drarnaticafly affect our patients and their families, as well as the cost to thews and their employer. We set aside 6 Acute visits per 8 hour day. Acute visits are not available to be booked until the day before and may be double booked the day of by the direction of the provider in the clinic. Our trained Patient Access Care associates triage those patients to the clinic for the provider to review their symptoms and make a determination If they should be seen in the clinic that day. We typically recommend adding provider time when the appointments per hour begin to consistently reach or exceed 2.0 - 2.2 visits per hour. Clinic staff do not typically have rnuch downtirne. When the staff are not seeing patients they are updating the electronic niedicai record and closing any open notes in the EMR. K. Provide a staffing model you feel is necessary to increase utilization and increaset a return on investment based upon the City's current utilization patterns (provided). CareATC recommends staffing the clinic with one physician and one nurse practitioner for a total of 30 hours of chnic tirne per week.'We recommend two provider sse one can focus on the 00cUp6d0flal needs of the City and the other can focus on primary health caria. Thc occupational provider will also see aCLite cases when occupational appointments go unfilled. if the City chooses to add spouse,,,; and dependient:s cflr,,ik,- access this ltmo will need to be increased to rneet the need. CareATC Response to RFP for Employee Heatth Center Administration 36 Page 570 of 717 L. Provide a full description of the provider recruitment process for the clinic staff. In today's age, working for a company that stands for a mission that you believe In passionately is a tremendous CIPPOrtUnity. Engaging potential empioyees (providers in parftUlar) In a company that has a very specific and relative purpose is exciting, How can one not get enthusuastic abOUt learning of acompany that provides a simple yet reveiational answer to Amorica's healthcare crisis as Care. TCP, does? Flnding quality, expedenced, tearn-odented, and integrity -driven people to join our team is an ongoing chaft.,ngc, but a chaYenge worth investing in. Our main goM in hiring a physician is finding Someone who matches our dients'cuiture in addition to the CrireATC`= cu[turc. The recruhing process involves several conversations between the Recruiter, candidate, Chief Medical Officer, and Urector of Uent and Clinical Services before the candidate is hitroduced to the client for final approval. This approach has proven to be successful in the past, as physicians are able to connect with patients and provide a high level of care. The Care. T,C Senior Physician Recruiter will source candidates in the area. Following an initial phonescreening performed by the Senior Physician Recruiter, the candidate wilt be introdrAced to our Chief Medical Officer for a phone interview, They will then hold an in-person interview at our Corporate Office, If a provider meets CareATC's medical experlence and employee interaction requirements, and is approved by Our CMO and Director of Client and Clinical Services they are then presented to the client for final approval. It is important that providers are a good cultural fit not only for CareATC but each client as well, M. Provide contingency plans for when a provider is on vacation, sick, etc. A provider must always be on the premises. CareATC11 works with local locum tenens providers and staffing agencies to provide coverage in the clinics when needed. CareATC> will verify credentials and ensnare all flabf1ity insurance is in place. The cost of the locum tenens providers are included in the benefits of the clinic providers. N. Provide the City with how you manage your employees and the providers to ensure that the City has the confidence In your employment management practices Each CareATC clinic is assigned a Clinical Service Manager to manage clinic operations and the staff. Clinical Service Manager is responsible for a number of aspects of the CareATCEI Clinics including assisting and training new clinic employees and overseeing the daily functions of our clinics. Responsibill ties include: Reports to the Director with operations specific to the clinic. Maintalns supply of all required rnedical supplies and pharmaceuticals. Manages clinic staff members, Responsible for training new staff members and 00FItinUing education for existing staff members, Maintains daily phone or ernail contact with each clinic. Conducts site visits on a quarterly basis to ensure all clinics are up to AAAHC standards and that all staff receive required annual training on HIPAA, OSHA, and many other topics 0. The City has an existing facility and administrator, provider how the transition will be completed. CanaATC woWd consider all aspects of the exsting progiarn whein planning and initiating the transition, The Care'ATC Response to RFP for Employee Health CenterAdministmirlon 37 Page 571 of 717 Director of Client and Clinical Services in coordination with our Information TecIrinology, Purchasing and Facilities Tearer, Director oftuality and Chief Medical Officer will develop a step by step implementation plan based off of our standard implementation checklist that contains over 160 steps. CareATC has successf0y transifloned eleven pre-existing on-site cVlnlcs over the last 15 years, This expedence WOLfld be utilized as well as the rniethodo,logy stated above, I. How are appointments scheduled? Is the appointment scheduling process available online? Describe alternate methods of scheduling appointments If the primary method Is not available (e.g. If online system Is not accessible). Appointments can be scheduled 24/7 via secure Internet connection on C,areATCs proprietary scheduling software accessed on the Car,eATC patient portal. The portal and scheduling can also be accessed via the C�areATC smart phone app, Patients can also call a CareATC team member in the Patient Access Center between the hours of 7 am to 6 pm EDT, We. operate on a strict appointment schedule with sorne appointments set aside for sarne day needs, The Patient Access Center will work with the clinic to triage same day needs, 2. DescrTbe the types of medical issues that can be addressed on-site. Primary Care services include, but are not HmIted to, Wellness exams - adults and pediatrics (age 2 and up) Preventive health screenings Episodic primary care visits Chronic disease managernent Case managernent and patient tracking Urgent care Laboratory services Radiology services Immunizations . Pharmacy - medication administration and dispensing Occupational Health Services Include, but are not Il[mited to: Physical exams - Annual, Pre -Employment, DOT/CDL, Public Safety (Police/Fire) CDL vision screening CDL hearing screening SpirornetryIPUlmonary Function Testing (Fire) CareATC Response to RFP for Employee Health Center Administratfon 38 Page 572 of 717 Dexterity (Police) ro Lift testing • TB testing Laboratorytesting Drug screening (DOT, rion -DOI, Employee Assistance Program Referral, Random idrug screens) Walk-in and Urgent Care Appointments for Workers Comp, injuries/illness Occupational therapy Physical therapy 3. Will medications be dispensed on-site? If so, please elaborate on the selection process, scope and type to be administered, as well as the cost andlor cialms filing process for dispensed medications. Yes. CareATC�� clinics offer generic non-narcotic pre-packaged medication dose packs In the following categories� Allergy Antibiotic Antifungal Antiviral • Asthma • Cardiovascular • Cholesterol • Diabetes Inflammation/Pain Injections/immunizations MISC/Other We have a standard formulary that we will use as a starting point. We will work with the City of Boynton Beach and the PBM to Identify any additional medications that could be of further benefit to offer in the CareATC` clinic. Our point -cif -care dispensing solution provider, A -S Medication Solutions, is an FDA Ea registered pharmaceutical re -packager and VAWD accredited wholesaler. They have a comprehensive range of medication to rneet all cPent needs, CareATC medications are dispensed at no cost to the patient and are passed through at cost to the City. If requested, CareATC can submit a zero. -dollar claim electronically to the health carrier, We recorrimend suppressing EOBs for CareATC zero dollar claims to avoid any patient confusion, Al. Mlinat is the standard procedure to be utilized when a disease process escalates? For emergent 'issues, cases where triage indicates the need for levels of care beyond those normally offered in the clinic, or medical problem escalation, the clinic staff will refer patients to another facility (e.g., emerg ncy an department, urgent care or, hospital), and coordinate their care, Clinic resloonseto discase escalation is based on the type of notice received-, CareATC` Response to RFP for Employee Health Center Administration 39 Page 573 of 717 For verbal notification or for patients who present themselves to the clinic in distress or with other changes in clinical status (e.g., difficulty breathing, or blood pressure elevation), the clinic staff immediately triages patients to the appropriate level of care (e.g., clinic vs emergency department), For lab test reSLOS that demonstrate deterioration of the patient's condition (e.g., worsening control of diabetes or worsening kidney function), the clinic staff notifies the patient, engages others involved in their care (e.g. specialists), and determines the appropriate steps for follow-up in the clinic or other care setting. The clinic staff will also coordinate with the employees' Health plan if applicable. S. Will your physician(s) have hospitaf privileges? At what facilities and/or locations? The physician may have hospital privileges if necessary, but it has been CareATC's experience to date that patients requiring hospitalization are typicMly under the care of a specialist or hospltalist. =11mr. 1=1 - 42=13au. 7,77,111 1 "1 11 I'll 1 11 11 1 Physician Current State Medical Licensure Diagnose and treat patients (urgent care/ $149.50 Current D.E Certification acute and chronic) A Board Certification Dispense medications from the clinic Prescnbe Medications not available in the Current Cardiopulmonary clinic Resuscitation Certification (CPR) certificate Order Labs as necessary Refer patients to specialists when needed Refer patients to internal programs such as the EAP or behavioral health program Health coaching/education Document all encounter data in the EMIR CareATC Response to RFP for Employee Health Center Administration 40 Page 574 of 717 V, g . .... .. ... I? 51, Nurse Current State Medical Licensure Inose and treat patients (urgent care/ $68.90 Practitioner acute) Current D.E.A. Certification Board Certification Dispense medications from the clinic Prescribe Medications not available In the Current Cardiopulmonary clinic Resuscitation Certification (CPR) certificate Order Labs as necessary Collaborating Physician Refer patients to specialists when needed Agreement Refer patients to internal programs such as the EAP or behavioral health program Health coach ing/ed ucation Document all encounter data in the EMR Treat Occupational illnesses and injuries Medical High school diploma or equivalent Check patients in upon arrival $24.00 Assistants Graduation from an accredited Room patients and collect vitals medical vocational institution or a community college course in Perform lab draws medical assisting Administrative duties Certification as medical assistant Facilitate referrals ordered by providers required Make follow up appointments as needed Current Cardiopulmonary Resuscitation Certification (CPR) Document all encounter data in the EMR certificate Minimum one year of medical assistant and/or documented evidence of externship completed in a medical office 7. Describe the primary care case management process. Primary care case managerriont. I!,; coordinated carie between the physicran, nurse and others, e.g., farnfly members who participate in team -based care. Care outcornes are ineasured for equality; serAce, cost and engagerricnt, CareATC's standard care i-Tilodel is based on a physician who is asslstcd by rnedicM assbstants. CoreATC Response to RFP for Employee Health Center Administration 41 Page 575 of 717 Disease management occurs in the clinics and is led by our on-site providers. Wellness, nutrition, and disease Management are part of the staff's regular interaction with patients. As an extension of the clinic environment, we also offer CareOutreach. Care'C)Utreach will prornote a stronger partnership between patient% and providers, provide accessiNe cornprehenslve care, ensure all chronic. care needs are met and irnprovie efficiency in care deHvery, The Care0urreach vlMon is to create a pathway to optimal health and well-being by empowering ernployees to becorne aware and knowledgeable in chronic disease prevention and management. CareATC has chosen to address 8 disease states that piace patients at high-risk for spending healthcare dollars. Once identified, the CarcTcarn follows evidence -based practices and a coordinated enroliment process to: Engage and encourage employee partkipation ffi Track follow-up with labs, irnaging, and specialty referrals Promote pattent self-managernent, self-efficacy, arld behavior change Contribute to the quality of patient care delivered Take an active role in prornoting compliance with care plans Communicate regularly with providers and other clinical staff as necessary to ensure highest quality of patient care Procure and deliver education resources for patients based on their specific disease processes S. What Is the standard procedure If the medical team is not available on the day the care Is needed? — Patients will need to utilize the health plan if they need to see a physician during the hours the clinic is closel Once notified, the CareATC physician will contact the patient and monitor progress/care. 10. What is the standard procedure if a problem occurs after hours? Patients can either use in -network after hour's services such as urgent care or they can use our optlionM Telemedicine options. Like the clinics, telerned1cfne services are completely free to the patient, Assurning the patient chooses this option, they're clinic provider will be made aware via soap notes, and may choose to contact the patient depending an the circurnstance. TOemedicirre is an add-on service and requires an additional fee, 11. Confirm that charges will not be on a Fee -for -Service basis and Will not be billed to the medical plan. Identify any deviations. Confirmed. CareATC does not bill on a fee-for-service basis. during the contract term. All staff receive an annUal 3-5% raise pending performance evaluation. We will consider client feedback throughout this process, and will take any performance issues brought to our attention very seriOUSly throughout this process, CareATC Response to RFP for Employee Health Center AdminIstration 42 Page 576 of 717 1. Describe the types of job-related injury Issues that can be addressed on-site. We are able to treat many work related injuries on-site, including, but not Irmited to� Orthopedic strains/sprains Minor would care including Vaiceraflon repair Minor burns and first aid services Omer icasonable acute/urgent carfa issus's 2. What is the standard procedure if a medical/ Injury condition escalates? Cases of occupational injury or illness that require a more in-depth occupational medicine professional, our staff will facilitate that recommendation and follow file City's standard process for referral and treatment, For emergent issues, cases where triage indicates the need for levels of care beyond those normally offered in the clinic, or medical problem escalation, the clinic staff will refer patients to another facility (e.g., emergency department, urgent care or hospital), and coordinate their care. Clinic response to disease escalation is based on the type of notice received - For verbal notification or for pationts who present themselves to the clinic in distress or with other changes in clinical status (e.g,, difficulty 'breathing, or blood pressure elevation), the clinic staff! rnmeciately triages patients to the appropriate level of care (e.g., clinic vs emergency department). For lab test results that demonstrate deterioration of the patient's condition (e,g,, worsening control of diabetes or worsening kidney function), the clinic staff notifies the patient, engages others involved in their care (e.g. speciaiists), and determines the appropriate steps for follow-up in the clinic or other care setting. The clinic staff mill also coordinate with the employees' Health plan if applicable. 3. Describe the role of the clinic physician in conjunction with the City's job Injury case management services. Once a condition escalates beyond the physfcian/cflnic's capabilities to treat effectively on-site, the patient wiJ; be referred to the Employer's contracted provider organization for urgent and/or emergency care. The patient's progress continues to be monitored by the CareATC physician in order to assure coordination of efforts and that the best care is being delivered. 4. What is the standard procedure if the medical team Is not available on the day an accident happens? In the event that CareATC personnel are not available, a relationship with an organization providing comp related services should be maintained. The employee should be taken to the alternate provider and the CareATC physicians will follow-up when next on -duty, 5. How is case management triggered? Care TC will base the criteria on the current standards of your contracted case management provider, During the implementation planning for your account the specific criteria would be discussed to ensure all stake holders in the process are in agreement and consistent. 6. Describe your ability to administer occupational health exams, including annual fire fighter and police physicals. Provide details on any necessary equipment for these exams. CareATC Response to RFP for Employee Health Center Administration 43 Page 577 of 717 Care TC", currently provides case management services for some clients, along with return to work administration, pre-employment physicals, DOT physicals, work site injury treatment, drug and alcohol -screenings, etc. CareATC does employ 3 Occupational Medicine physlcians who aid in determining best practices and consult on CareATC occupational medicine services. Z Describe your firm's experience and ability to meet the criteria of NFPA 1582 in regards to pre-employment and annual physicals for fire fighters specifically Chapter 4 & Chapter 6. are TC: currently serves two individual fire fighter groups, one police group, and a number of municipalities that include police and fire, We have performed fire fighter evaluations that meet NFPA 1582 criteria and will provide these services to the City. Medical evaluations of candidates, including history, examination, and laboratory tests are indicated viii be performed on each candidate in order to to detect any physical or, medical conclition(s)'that Could aversely affect the candidate's ability to safely perform all essential job talks Under emergency conditions, The CareATC provider will evaluate the following areas: Head and Neck Eyes and Vision Ears arid Hearing DentM Nose, Oropharynx, Trachea, Esopl'iagus, and Larynx Lungs and Chest Wall Heart and Vascular System Abdominal Organs and Gastrointestinal Systern Reproductive System Urinary Systema • Spine and Axial Skeleton Extremeties Neurological Disorders Skin • Blood and Blood -Forming Organs Endocrine and Metabolic Disorders Systemic Diseases arid Miscellaneous Conditions Tumors and Malignant Diseases Psychiatric Conditions Chemicals, Drugs, and Medications How will medical treatment be delivered and managed for sworn policetfire personnel who are covered under Florida's Heart and Lung Bill? CareATC will provide diagnosis and treatment for these conditions within the clinic within their scope of care. Pati,ents requiring more in-depth care will be referred out. & "I Are there any additional charges (administrative or otherwise) for Including Workers Compensation an pre-hirelFit for Duty Physicals for employees who participate In the medical plan? Additional charges I employees who do not participate in the medical plan? No. CareATC has included a higher PEPM admin fee for employees on the plan to compensate for the incorporation of occupational services for all employees regardless of plan membership. CareATC Response to RFP for Employee Health Center Administration zi Page 578 of 717 10. Does your medical record system allow you to track and report on Workers Compensation claims separately from the medical claims and report to the City? Our technology platform segryients the data creating firewaNs between the occupational & non-occupatior health data and only allowing access by authorized individuals. I a. With what frequency can you provide these reports (Monthly, Quarterly, Annual, and On Request)? CareATC can provide these reports on a montHy., quarterly, or annual basis, but can The generated more or less frequently at the City's request. b. What are the available formats for this report? CareATC is caf)aNe of offering these reports in a number of formats incVudlng csv, exceV, ctc. based on the request of thic. City. 11. Describe your absilty to administer pre -hire and random drug testing. Does the proposer recommend Including drug testing In the facility9 All drug screens would be resulted within 48-72 hours after processing. Direct telephonic communication by our MRO Would be provided to both the employee and the designated employer representative. Three attempts will be made to reach the employee. Electronic communication to the the City's representative via eniall WOUld follow within 24-48 hours. Complete documentation of all processes and results will be maintained by CareATC. 12. Confirm that the results of occupational health exams can be provided within the following time periods aTd sta.Tdards: a. Routine and post hire physicals: 3 days Confirmed. b. Complex periodic and post offer physicals: 5 days Confirmed. C. Provide physical examinations consistent with the guidelines of NFPA 1582., "Comprehensive Occupational Medical Program for Fire Departments". Confirmed. Please provide a proposed communication plan for Introducing the on-site healthcare and wellness pmoram and rate these processes. Please Include copies of your educational materials and timelines for distribution. A communication plan has been included in the Attachments section of this response. Patlents� can communicate with the medical Learn through by calling the Patient Access Center which will forward their call to the clinic if necessary, 2. How are locations of service and standard hours of operation for member services determined? When selecting the physical location of the cflnic, we primarily fricus on proximity to workforce residents. A perfect location is convenient for both employees, and their farnUies. The clinic should also haveadequate parking for easy access and pFivate access to !maintain patient privacy. CareATC Response to RFP for Employee Healffi Center Administration 45 Page 579 of 717 Clinic hours take into consideration employee work schedules and holidays. The CareArC Account Management Tearn will meet with City representatives to clotei'mine the ideal clinic hours, 3. How many hours are you recommending for the proposed onsite medical program? We have provided pricing both scenarios requested by the City, We have recommended 20 hours/week Of physician time and 10 hours per week of nurse practitioner time in Scenario 2. This would equal 30 total hours of clinic time per week. 4. WIN existing resources be utilized for the clinic? Yes, CareATC� can aid in the build -out of existing space. Care, TC"I clinics are a minimurn of approArnately 600 sq ft of existing space per clinic, but at least 1,000 sq ftisrecommended to accommodate a group your size. The location should be convenient to employees and family members. Each client determines the size of their chnic based on available space and individual desires. 5. Will the company's website be linked with the City's website? Yes. CareATC recommends including a link to, the CareAI'C Patient Portal for convenient, easy access for et'nicloyees and dependents. Sample communications have been included in the Attachments section of this response. 7. Describe your company's ability to communicate with a bilingual population (Spanish). CareATC is capable of communicating with a bilingual population. We have bilingual Patient Access Center representatives and we currently offer communication materials in both English and Spanish. We will also recruit at least one clinic team member that speaks both English and Spanish. 8. Discuss the frequency and type of communications that eligible persons will receive throughout the program period. Initialiy, are TCI,, will provide communication information meetings for employees/dependents, mailers, fliers, e-mail correspondence, etc. Our Client Communications team works with Client Services Managers to develop communication plans for each client, We will provide print -ready PDFs of posters, flyers, payroll staffers, postcards, magnets, etc. at no cost. Shourd the City choose to use CareATC'° for printing, this cost will be passed through. For additional information, please find attached Communication Plan, 9. How will ane to a access your any for Member se ices after hours? The Care TC Patient Portal, available via the web or our mobile app, is available 24/7, in the Portal, patients can, . Schedule appointments CareATC Response to RFP for Employee Health Center Administration 46 Page 580 of 717 Fhid cilrilc k)cation(s) View Medicts Records Review EdUcation Matieriahs View PHA Results Read our qUartedy newMietter Access Health Passport if applicable Request teieniedlicine appointment if appkcaNe 10. 11. Provide your web address and any access codes needed to explore your services. wvvw-careatc.com Login: desert3 Password: Careatc123 When you go to our website, click the purpVe Patient I ogin button to view our Patient Portal. This Vogrn inforrnafion Mi expire on 6/511& PVease contact Steve Thomas if you require login access after that date, 11. Are you willing to allow the City to use Its own branding in communication and program materials? Yes, CareATC will co -brand at the Uent's request. Please see attached sample materials, 12. Describe the Wellness initiatives that will be used and how they may Integrate with the current Weliness programs offered by the City. Care ATC can coordinate with any existing Or new welhiess programs. We have done this successfully with as nu, tuber of cilents in the past and can use this experience to integrate the City of Boynton Beach's wellness program. ExarnpVes of wellness programs we can offer are included beVrsw. We Mi work with the City and dev6op specific w0ness initiatives based on the conditlons prevalent ln your population as found dirough an anaVysls of Personai HeaM Assessment data, clinic data, and heaith cWnis data. We worked in tandem with a Tulsa -based company to create the Healthy Incentives Program, This one-year program used 5 indicators to determine eligible patients- waist circumference, blood Sugar, HDL, LDL and blood pressure. Each participant is required to follow up with the Care, TC physician 3 times every 6 months to discuss risk factors, self-managernent techniques, and lifestyle management opportunities, They must also rnect with a fitness trainer 7 times every+ 6 months, and a nutritionist 5 times every 6 months (trainer and nutritionist costs are provided by partner). Each patient must irnproveon at least three of the indicators to receive as reduced prerniurn set by our partner, Together with our partner we aVso created the, Fit Prograrn, Ths is a one-year inamtenance program for the above HeMthy incentives Program. These patients have particlipancid in the Healthy Incentive Program and are foUowing a maintenance ioVan., Requirements are the sarne as the Health incentive Program, and if they conflnue to improve on the indicators they wfll' conflnue to recielvp the reduced premium,, CoreATC Response to RFP for Employee Health Center Administration 47 Page 581 of 717 Year One - 15 employees participated with a 100% SLICCeSS rate 'Year Times - in process, 30 Pniployees participating with a 70 - 80% success rate at this point Year 3 -Expect 100 ernpirwees to participate One of our seff4Unded, get f -ad inhiiste red partners has deveioped requirements for our chronic disease management program. AiI ernpioyees who have been diagnosed with the following: diabetes, pre -diabetes, hypertension, obcsfty, tobacco use, and dysDpNernla are required to be seen by the CareATC provider a specific number of visits per year based on the cilsease state. DUdrig these appohift-nests the provider and file patient discuss risk factors, self-managernent techniques, arid iffestyie management education. Participants who fuiiy participate rocerve a reduced premium. Padents with the above mentioned disease states that do net foflow the designated appointment guMelllnes received an increased prernkirn. This program receives as 98% participation rate. These ar-pjUSt two examples of how we heip our partners integrate or deveiop wellness programs that incorporate the clinic to drive results, Our Client Service Managers will work with the City's representatives to integrate any new oi existing wellness programs and local resources in order to enhance and custornize a program that best fits the unique needs of your employee population. This will be accomplished during in-service meetings with the account management team and City representatives. TMOTMr. in Appointments can be scheduled 24/7 via secure internet connection on CareATC's proprietary scheduling software or by calling a CareATC tearn mernber in the Patient Access Center be-tween the hours of 7 am to 6 prn EDT. The PAC also serves as the main point of contact. for our patients. Patient Access Center Representatives can assist patients with a nurnber of services including prescription refills, appointment. scheduling, questions for the medical team, request Patient Portal login, etc. Understanding there Is a variety of methodologies for Implementing a HRA/targeted Intervention process, please explain In detall the HRA/targeted Intervention model that your organization would recommend be Irn confidential process following all HIPAA guidelines. Our Board -Certified providers will provide personal counseling and education to patients when managing patient health care concerns, CareATO„ utilizes the PHA results to target specific conditions for health coaching. High risk individuals are contacted and encouraged to schedule a PHA review appointment with the on-site physician to go over their results. In addition, our providers are !rained to follow our Be Well Chronic Disease Management program and coach patients at each visit, whether chronic or acute, by accessing PHA results through our integration with e0lnicalWorks. 7 1. How will your company Identify high-risk members (i.e. health risk assessment, member services calls, medical claims data, pharmacy claims data, etc.)? High-risic individUals are identified by Personal Health Assessment results, clinical information, and health claims data. The information is risk assessed through the Johns Hopkins ACG model, sti,atified, and is available to both our clinicians and CareOutreach team directly through our clectronic medical record, Patients at highest CareATC Response to RFP tbr Employee Health Center Administration 48 Page 582 of 717 1i7 risk are contacted first by our CareOutreach learn to follow Lip with a CareATC clinician, 2. Please describe your methodology for tracking and Intervening with high-risk members on an on- of basis. High -disk indivIdUalS are identified by Personal Health Assessment resulLq, clinical infon-nation, and health claims data. High-risk individuals are added to patient registries and prioritized based on risk score. The CareTeam, along with the clinical staff, contact patients encouraging enrollment in CareOutreach so a Care Plan can be developed. Patients will receive a minimum of two phone calls and a written letter if not contact is made. With City input, Care TC can develop a plan to address non-compliant individuals based on the City's goals In a manner that complies with the City's and Care TC polides. For example, we have one client who increases insurance premiums for patients not foflowing the CarePian. 3. What Health Risk Assessment (HRA) will your company use and how long have you used it? List all risk factors you Identify in your profile. Please provide a sample HRA in your response. Care ATC offers as combination biometric screening / heMth risk assessment cafled as PersonaV Hea[th Assessmcnt. A copy of the PHA response booMet is included in the Attachments section of this response. The standard CareATC PHA includes but is not limited to the follow[rig infoirnation and Jab results: VITALS/GENERAL PSA (Males 45 or older) Height Weight BMf Waist Measurement 'fobacco History HEART Total Cholesterol 11 -IDL Cholesterol LDL Cholesterol VLDL 7 riglyceridos ENDOCRINE/MISC. Gurccrse HgbAIC TSH CoreATC Response to RFP for Employee Health CenterAdministration EM Albumin Serum Total Protein Globulin Alk Phosphatase AST (SCOT) ALT (SGPT) 13111rubin Total KIDNEYS Sodill-Am Potassium Chloride BUN CreatinIne BUN/Cieatinine Ratio M Page 583 of 717 CaidUrn MCV Carbon Dioxide MCH COMPLETE BLOOD COUNT Lymphs White Blood Count Monocytes Red Blood Count Eos Heirroglobin Basos Hernatocrit Neutrophils 4. How often do you recommend distributing the HRA? Is your health risk assessment available both on-line and off-line? Care.ATC recommends ernp.ioypes and spouses participate M the IPHA on an annivaV basis. Because we perform a blornetric health risk assessment,this can not be corripleted orfline. a. Providing the HRA results to individuals. Patient's indlvlclual PHA report containing a summary of results with the ability to trend data over ten years. Available online within 3-5 business days. Printed report mailed to participant home within 7-10 business days. b. Contacting individuals for possible interventions. Patients with urgent lab values will be contacted immediately. Patients with low to moderate risk values you will be contacted once they receive their report. c. Providing the City with a summary report of the HRA results. Aggiregate PHA data with year over year comparison, national average comparison, and engaged versus unengaged population comparison. Available 7-10 business days after completion of audited participation report. The City will also receive a comprehensive list of PHA participants post blood draw. On-site draw report available irnniediatciy; audited report including LabCorp draws for remote employees will be available 30 days from participation deadline. 6. Please describe how your organization would provide a system to assist HRA participants In completion of their questionnaires and In the Interpretation of their personal profile. The CareATC Persona� Health Assessillent, a blornetl1c health risk assessnient, lncludes a slmp�e questionnaire avaflaUe �n bod'i English and Span�sh. patients needing assistance cornp�eting the form can request help frorn the CareATC PHA tearn (�f a mass screening event is chosen) or Die onsite 0nic staff The Care,ATC PHA Results Book.ict is a refreshing breakthrough in the world of biornistdc testing and is designed with patients in mind, With reser-friendly graphs, sirnpirfied rnedicall explanafions, year -over -year Ca TC Response to RFP for Employee Health Center Administradon so Page 584 of 717 comparisons, tips for healthy improvements acrd more., the PHA Results Booklet will promote individualized growth and drive organizational change. Booklets contain instructions on how patients can follow up with their CareATC provider. Participants placed in the moderate to high risk categories are contacted directly by the areOutreach team to discuss their laky values and encourage therm to see theirprovider. 7. What level of participation can the City expect In years one, two and three of this program? Utrl�zation and penetration heavily depend on Incentives and communication, which have proven to be very effective in increasing utilization of PHAs arid clinics, Year I Attain more than 0 population participation in PHAs Attain more than 0 population participation in first time visit to on-site clinic 'Year a Attain more than 70 population participation in PHAs Attain more than 70% population participation In visits to on-site clinic Year Attain more than 0 population participation in PHAs • Maintain more than 80% population participation in visits to on-site clinic S. Do you recommend using participation incentives?describe Yes, we highly recommend dncentivizing employees to participate. We have used a number of incentives in the past and will work the City to develop a plant that Best meets their needs. Each of the below iters have been utilized successfully by CareATC clients. Large premium reduction Large deductible reduction Requiring PHA participation to gain clinic access Gift cavi CareATC also offers our Healthy Incentives Program, which is a program designed to help our clients with the financial administration, implementation, and management of ACA's health contingent guidelines that allow an employer group health plan (self and fully insured) to administer the distribution of premium discounts (or penalty) from 20=30 of the total employer and employee contribution. This is an additional service and requires an additional fee. However, we typically see that the premium penalties applied pay for the program itself. OTIM711 ITT" New employees should be givers CareATC information .sheets created by the CareATC Marketing Tears in their new employee packet. Within this document, patients will be educated on the Personal Health Assessment process and the clinic service offerings. We have found that incentivizing employees to participate is critical to the success of the prograrn. When the neva employee is hired, Citystaff should communicate the incentive (if one is offered) to participate. The CareATC Marketing Team will create any print -ready materials City staff need to do this. The new employees can then schedule their PHA to be performed in the clinic at their earliest convenience. CareATC Response to RFP for Employee Health Center Administration 51, Page 585 of 717 * Explain how your HRA monitors and reports individualtoyear?aggregate form to the Cityl If so, please provide an example -p. The CareATC results booklet stores up to 10 years of data and includes year over year trending and analysis, Participants benefit frorn improved visibility of trended lab values. The $eSUlt is bettei steerage toward SUStainable behavior modification. The City will receive an annual aggregate report following the PHA. This repot Includes participation informiation, year -paver -year health data, as well as population health data compared to national average data. sample of the aggregate PHA report is Included in the attachments section of our response. 11. Describe the process for engaging an Individual Itis a targeted healthcondition Care TC:'s Personal Health Assessment (PHA) focuses on prevention and chronic disease management from the beginning. PHA participants identified as high risk receive two phone calls as well as a letter enccsuraging them to schedule an appointment to review their results with their provider. Patients who are diagnosed with a chronic disease can thea be enrolled in our chronic disease management program, which is fully tracked through our EMF systema. Minimum visit recommendations and education materials for specific chronic diseases can thea be outlined and relayed by the provider. Cance a patient: has made an appointment with the C:areATC provider, disease mana ernent occurs in the clinics and is led by our on -.site providers. As an extension of the clinic environment, C:areOutreach will promote a stranger partnership between patients and providers, provide accessible comprehensive care, erasure all chronic care needs are suet and improve efficiency in care delivery. The CareOutreach vision is to create a pathway to optimal health and well-being by empowering employees to become aware and knowledgeable in chronic disease prevention and management. C:areATC has chosen to address 8 disease states that place patients at high-risk for spending healthcare dollars. Once identified, the C:areTeam follows evidence -based practices and a coordinated enrollment process to, Engage and encourage employee participation Track follow-up with labs, imaging, and specialty referrals Promote patient self-management, self-efficacy, and behavior change Contribute to the quality of patient care delivered = Take an active role in promoting compliance with care plans • Communicate regularly with providers and gather clinical staff as necessary to ensure highest quality of patient care = Procure and deliver education resources for patients based on their specific disease processes 112. ` -- - - . - insurance carrier. Detailed discussions with the City and your consultant will need to be held to determine a protocol, coordination, and/car handoff at specific points in the care process. A signed business associate agreement and suggested detailed plan will be developed based on creeds and best interest of the City and your consultant. CareATC can integrate with all of the City's medical plans, and employee benefit, related vendors with a signed business associate. agreement We do have the ability to submit information and integrate with the City's medical insurance carrier. Ca TC Response to RFP for Employee Health Center Administration 52 Page 586 of 717 13. Describe the process for persons you are unable to reach. With the City of Boynton Beach's input, Care TC can develop a plan to address non-compliwit individuals based on the City's goals in a manner that complies with the City's and CareATC policies. For example, we have one client who increases insurance prerniurns for patients not following the CarePlan, 1. Address how you would propose to review clinic operations and its effectiveness. This should Include standards and measurement criteria for clinic healthcare activities, costs, outcomes, HRA, disease management, member services, member intervention, and educational materials. Our group -level' standard reporting includes a Chnic Operaflons Dashboard (weekly/monthly), a Personal Health Assessment Suinmafy (after the close of each event & annually), a Risk Report (quarterly), a Participation Review (rnonthly),,a Summary of Outreach and Outcomes (quarterly) arid an Annual Clinic Review. For those clients that elect it, we also provide an annual Health Plan Review which includes healthcare cost trend benchmarking, a comparison of health plan expenses before and after the clinic as swell as cost and risk summaries for patients engaged with the clinic and those riot utilizing the clinic. Please see the Sample Reports in the Attachments Sectloc ofthis resporrse,, 2. How would you propose measuring outcomes and success of the overall program? Maximizing client return-on-investiTient is central to our business imodel. We believe reduced costs and improved health outcomes are derived from powerful information derived from comprehensive reporting, CareATC", will utilize various outcomes to show value from specific patients to chronic disease, shock claims, utilization and specific procedure cost comparisons, We will also make national, regional, and indUStry Specific comparisons both before and after CareATC(lb clinic utilization. Additionally, we will develop trend utilization on key indicators for Accountable Care guidelines, Most of our models have been based upon a comparison between those utilizing the CareATC`c clinics versus those who are not, In situations where most, if not all, of the population is utilizing the Carsv%TCI' clinic, we will show trends from national and regional benchmarks of the same industry and against our customer. Additionally, the majority of CareATCII� clients work with third -party administrators who have chosen to partner in the venture, These partnerships enable improved patient/partfdpant care and the ability to clearly understand the financial impact of the programs, We understand that wellness is a business strategy, that's why we gather and analyze information to help deflne goals and objectives, and later evaluate outcomes to refine a strategy that yields proven results 3. Describe your standard management reports. Describe your custom reporting capabilities and the associated costs. Please provide a recommendation and examples of reports that you would provide to the city. Our grorip-level standard reporting includes a Clinic Operations Dashboard (weekly/monthly), a Personal Health Assessment Summary (after the close of each event & annually), a Risk Report (quarterly), a Participation Review (monthly), a Summary of Outreach and Outcornes (quarterly) and an Annual Clinic Revlevv. CoreATC Response to RFP for Employee Health Center Administration 53 Page 587 of 717 For those clients that elect it, we also provide an annual Health Flan Review which includes healthcare cast trend benchmarking, a comparison of health plan expenses before and after the clinic as well as cost and risk surnmaries for patients engaged with the clinic and those not utilizing the clinic. Please sera the Sample Reports in the Attachments Section, of this response. a. Clinic healthcare activity report b. HRA and member profile report C. Member participation report d. Member intervention report e. Financial sumary/savings report f. Management reports online g. Other available reports arnples of all of these reports are included with this response. T. Describe how your - - case management. Include prescription,any results of the evaluation as an attachment. CareATC has a three -pronged approach to evaluating the effectiveness of our primary care case management. Our organization integrates analytics into our business that begins with a dashboard of metrics about the clinic itself, such as capacity, quality and patient satisfaction measures. This dashboard updates daily and can be accessed weekly or monthly, depending upon the client's preferences. Our second layer of data analytics focuses on the patient. Combining claim, a patient's interactions with the healthcare system over the past twelve months and provide it in a scorecard format to the clinic physician at the time of the visit. The scorecard includes a list of the diagnoses, procedures and prescriptions for the patient as well as compliance detail for both chronic conditions and preventive screenings. Additionally, biornetric scores for up to 12 different blood draws are shown to helpthe physician track changes in a patient's health statUs. The final piece of our reporting program aggregates the clinic and a nd patient data and combines that with financial and utilization detail from the client's health plan to provide regular updates of the progress the clinic has made in improving the health of the workforce (and their families) as well as in lowering the financial risk of the health plan. M-111111111 �61�0 We begin with proprietary Personal Health Assessment data to identify and engage high risk individuals to improve outcomes in the areas determined most prevalent to the employee population, Typically, the focus area involves "The Big Five": Hypertension, H perlipidemia, Diabetes, Smoking Cessation and BBI. Outcomes are translated to a financial R01 based on a percentage of normalized conditions, coupled with Edington research` (nationally recognized industry data) that determines value of normalization. 'Health Management Research Cerner, Zero Trends Business Mase; 2010 Cost -Benefit Analysis and Report CareATC Response to RFP for Employee Health CenterAdmfnrstratfon 54 Page 588 of 717 few b. Utilization Measures (list measures) Visits per hour/day/week UtiRzalJon by percentage (aggregate) Utilization by disease type Acute vs. Chronic Disease Utilization by gender Utillzatlon by age Vislts per provider c. Member satisfaction Brief, automated exit survey after each clinic visit for every patient pushed Out to mobile app and patient portal. d. Changes in the Cost of Care Avorage cost per cmisloyee per year Total Claims Cost' Total large claims nurnbers* Total large claims cost* In conjUnction with your carrier data e. Productivity/Absenteeism (list indicators) Work Presenteeism & Full Time Employment lost by disease type Productivity loss (missed days) due to health by condition type Presenteelsm and Absenteeism by risk level Surnmary Reports In conjunction with your carrier data -1. Describe how employee satisfaction with the provided services Is measured. On what frequency is employee satisfaction measured? Tire Net Promoter Score (NPS) is a simple but powerful tooI that provides a measure of custorner loyalty and satisfaction with one single question, and is a leading indicator of growth potential for a company or product, Slirripty put, the NPS assesses to what extent a respondent would recommend a certain company, product, or service to colleagues or relatives. Utilizing a scientifically backed 11 -point scale, CLIStOrners can quickly and easily leave powerful feedback that can and should promote significant change within an organization. CareATC leverages the NPS as a benchmarking mechanisra for a broader focus on patient experience. Utilizing sophisticated patlentjourney mapping, feedback is leveraged to identify highly specific patient touch -points which are identified as either pain points, or moments of truth. The end result is actionable data that profflotes real change. Our 2016 02 NPS is 73. CareATC Rosponse to RFP for Employee Health Center Administration 55 Page 589 of 717 vendor8. Describe the process for reporting employee satisfaction results to the Cllty� Employee satisfaction will reported to the City on a monthly basis, Reports can be run on-deniand so this car) be napoded to the City inore or Jess based on their preferences. 9. The City would like the - a vested Increasing utilization and increase return on investment. Provide a fare performance measure proposal including having a vested Interestutilizationi return on Investment. Below is a sample of the Performance Guarantee we have provided In the past. ,CareATC is willing to otfer'sa mple Client the following performance guarantees: 5% tees at risk for (Patient Satisfaction C" �aeAFCgL.iarantiE--esatl(:ans..85%eniployeesatusfactl.on 5' fees at rink for Claims Cost Red uactilon ... ~areA.TC gUar ntees :a decrrwase in claain-r g costs for ernployees who use the clinic. CareATC requests the following conditions be rnet by Sample Client to be eligible for- guarantee - 11, 85% of eligible employee population must attend at least one implernentatlon/education meeting, 2, 80%,of employees who are eligible to use the clinic: must complete a personal Health assessment, - 2 years of Rx and Medical Claims data and ongoing monthly claims from Tisa or carrier, , Remove from paid claims total any claim that meets or exceeds the specific strap loss attachment paint. 7. 1. Is your firm HIPAA compliant? Every aspect of CareATC clinic: and corporate operations complies with regulations set forth by HIPAA, CLIA", and AAAHC. In accordance with the amended HIPAA Final Rule (Effective Date; larch 263 2013), CareATC commits to enacting, supporting, and maintaining the following procedures and activities, as a rraimmum„ as required by HIPAA- Privacy Policies and Procedures Privacy Personnel Workforce Training and Management Sanctions Mitigation Data 5afegUards Complaints Retaliation and Waiver Documentation and Record Retention CareATC is accredited through AAAHC which also serves as verification of compliance with all regulatory requirements and standards. CareATC Response to RFP for Employee Health Center Administration 5 Page 590 of 717 2. Describe your system for the assurance of persona I health data security. The CareATC computing p�atforrn is secure, mufti -operating system environment designed to provide secure, granular access to inforrnaflon and apinBcaflons as needed by the em&yee, client or rnernbcc ML]ffipVe tayers of security exist in the operating systems, applications, and access to data which ensure onkt authorized actions are performed by end users. CareATC apphes a redundancy poUcy for key and mission criticli hardware. AH hardware is protected using preferential iT practices and resides in a SeCUre, connate controRed data center with backup power. Critical data containing sensitive or protected information is encrypted in motion and at rest. 3. Have your network security systems ever been breached? Describe. Our network security systerns have never been breached. 1. Please Include the following In your detailed pricing proposal. a. Administration fees b. Start-up costs / fees c. Staff costs (include proposed hours for each staff position and hourly rates) d. Supply costs e. Pharmacy costs (if applicable) f. Equipment costs (including occupational health equipment) g. Indicate all payment terms and conditions h. Detailed savings projections, including savings In the following areas: a. Primary Care / Specialist Visits b. Prescription Drugs a. Administration fees $25 PEPM b. Start-up costs / fees $44,342.47 c. Staff costs (include proposed hours for each staff position and hourly rates) Scenario 1 = $17,127,32 per month ARNP 30 hours/week $8,50.11 MA 30 hours/week $3,117.60 Front Desk Receptionist 30 hours/week $3,117.60 Collaborating Physician 3 hours/week $1,942.01 Scenario 2 - $22,165,27 per month Physician 20 hours/week $12,946.70 ARNP 10 hours/week $2,983.37 MA 60 hours/week $6,235.20 d. Supply costs estimated at $5,467-50 per month e, Pharmacy costs (if applicable) estimated at $3,645,100 f. Equipment costs (including occupational health equipment) CoreATC Response to RFP for Employee Health Center Administration 57 Page 591 of 717 g. Indicate all payment terms and conditions Client will pay all fees described it) this Exhibit within two weeks (2) weeks after the date of CATC's Invoice, If Client disagrees with any CATC invoice, Client shall pay all undiSpUted invoiced amounts and notify CATC of the disputed amour -it and the reasons for which if is disputed. CATC will segregate such disputed amounts from undisputed aniounts until the matter is resolved, Client has 15 days from the date of the invoice to diSpUte the Charges listed on the invoice. After the expiration of 15 days frorn the date of the invoice, Client will be deemed to have approved such invoice, Any fees that are not paid when due, will bear interest at twelve percent (12%) per annurn or, if lower, the highest Interest rate permitted by applicable law, a, Primary Care / Specialist Visits In order to provide a fair and accurate ROI analysis of the proposed services, we would need detailed claim data. However, we have many MU111Ciparfitles in the southeastern US and have provided information on the typical results we have achieved with their programs over a four-year period. A 36% average -increase in the number of primary care visits, including the clinic, with an average reduction of 29% in the cost of primary care paid for through the health plan. ForBoynton Beach, this would equate to an estimated savings of $ 194,000. b. Prescription Drugs An average of 26% lower prescription volume processed through the health plan. Boynton Beach is Currently paying an average of $114.58 per retail script for a total of $1,652,005. The average cost per script provided through CareATC clinics is $13,59, Assuming 26% of prescrifAions are routed through the clinic, the resulting savings would be an estimated $378,553, Please see the Savings Analysis for further details. 2. Numbers of year's baseline fees are guaranteed. Baseflne fees are guaranteed for the kmgth of the agreement. 3. Explain the procedure for adding future clinic/medical staff hours. Describe any additional administration cost to the City associated with an Increase in future hours. CarcATC recomr-nends adding clinical firne as eligible participation and/or utilization increases. The CareATC account management tearn monitors participation and utilization on a monthly basis and will make recommendations on when hours should be increased for approva[ by the City, 4. Please provide a detailed listing of all services Included in your administrative fee. a) If the cost of medical malpractice Insurance Is not included In your administrative fee, please outline expected costs for this coverage. CarcATC's administratIve fee is inclusive of all central services, lncludlng• Access to CareATC discounts on mec.fications, lab work, equipment, and supplies Chronic Disease Management program Dedicated Client Services Manager Dedicatod Clinical Services Manager Evidence-Elased Clinical Design and Implementation Management CoreATC Response to RFP for Employee Health Center Administration 58 Page 592 of 717 Corniollete IT Support Patlent Portal, MobHe App Data WarehOUSe Group Level Reporting Liability insurance Customized Marketing Materials production Patient services/call center PHA follow-up Physician management • Quality control 5. Please detail your contract opt -out period and specify If It maybe initiated with or without cause, or both. Either Party may terminate the agreement after the Initial Terrn or any subsequent renewal term by providing the other party with written notice of their Intent not to renew the Agreement at least ninety (90) days prior to current Expiration Date. 6. Please provide a listing of the top ten supplies your CITnIc will stock and the price the City will pay for each of these supplies. Top Ten Supplies by Volume Collection Set, Bid Safety Luer Adpt 23gx3/4" (50/b Bd) $1.71 Test Strip, Bid Gluc Microfillifi/contour (50/box) $2'Z02 Containter, Sharps Red 1pl (20/cs) $6.09 Glove, Exam Nitri Pf Text Sm (100/box 10box/cs) $10,20 Bandage, Adh Sheer Lf 1x3" (100/bx 12 bx1cs) $3.12 Holder, Tube One Use Non -stackable (250/bg) lid $0,07 Tissjje, Facial Kleenex (100/bx 36 Wes) $1.18 Compress, Inst Cold Dix 6.75" x 9" Lf (24/cs) Mgrn16 $53,76 Gave, Exam Nitri Pf Text Med (100/box 10bo/cs) $10.20 Bandage, Cohesive Nis Colorpk 2" (36pk/cs) $3.00 7. Provide costs for the following services: a. Cholesterol Test $3.00; lipid panel b. Blood Sugar Test $;x..75; glucose c. Lab Processing Fees CareATC Response to RFP for Employee Health Center Administration 59 Page 593 of 717 Lab fees are billled at cost as incurred.There ,,nie no additionai fees for lab processing. d. Strep Test $78.07 per box of 25,1 $312 per test e. Flu Test $430 per box of 25; $17.20 per test. f. Flu Shot $22,00 g. Standard X-ray (Fracture) Will be determined based on local direct agreement Included in Admin fee and staffing fee if x-ray machine is on-site h. Chest X -Ray I. EKG EKG Included in admin fee and staffing fee. EKGs are a standard ecluipment requirement in our clinics. S. Outline costs associated with the following occupational health exams: a. Post offer physicals Included. Supplies cost will be passed through. b. Post offer physicals (Fire) Included. Supply and direct contract costs will be passed through. c. Post offer physicals (Police) Included.. upply and direct contract costs will be passed through, d. Annual Physicals (Fire) Included. Supply and direct contract costs will be passed through. e. Annual Physicals (Fire — Hazmat / Police — Dive and Bomb Team) Included. Supply and direct contract costs will be passed through. f. Annual Physicals (Police) Included. Supplies cost will be passed through. g. Periodic Physicals (Fire) Included, Supplies cost will be passed through. h. Periodic Physicals (Police) Included. Supplies cost will be passed through. 1. Random Drug and Alcohol Screening (CDL) $1610 j. Random Drug and Alcohol Screening (General) $16.10 k. Post -Accident and Reasonable Suspicion Drug and Alcohol Screening $16.10 CoreATC Response to RFP for Employee Health Center Administration 60 Page 594 of 717 9. Will laboratory costs be run through the medical plan or as a pass through to the City? Labs that are collected at the CareATC canic are not run through the pion add are billed to the City of Boynton Beach at cost. 10. If the proposer uses a prescription formulary, provide a copy of the formulary along with associated prescription costs. If you are proposing to customize prescription drugs based on usage data, please provide a list of prescription drugs that will be utzed with associated costs. CareATC would suggest reviewing the City of Boynton Beach pharimacy clairris data to determine whF.it rne6catlons shau�d be dispensed at the pharmacy based on the current forrfrjuiary and the CareATC suggested medication list. Dur standard NDIITU_rYary has been included as an attachnient, 11. Please provide the cost of an onsite X-ray machine and applicable leasing arrangements that can be offered tote City. We prispose to research options in'the Boynton each area. X-ray rnach0nes can range from $50,000-$100,000 depending on many,factiors. if the �City decides to bring an x-ray machine on-site, we can look for used or leased equipment to idecrease costs. in addition to the cost of the machine, cflnlc bu illd-iout. cost woMd also increase due to the necessity of adding a lead -lined x-ray room, We typically reclornmend negotiating with a local radiology providel and monitoring utilization to determine when bringing an x-ray machine on-site would be most cost effective, 12. Address your will Ingness to enter into a performance guarantee and how the performance criteria and penalties might be defined. CareXrc is �willing to offer performance guarantees, The performance, guarantees can be customized based on the specific goalls of the Cit,y of Boynton Beach. Methodology to calculate the guarantee, how Witte the guarantee us monitored and how it is rt portied vales based on thia, performance guarantees that the City and CareATC determine together; Suggestions arle included in the response to question 13 b6ow ® Provide a sample of any performance guarantees you have currently offered or have offered to current or prospective clients. Below is a sample of the, Perforarance GUMBr'tee we, have provided in the past- Carleg[C is will mg to offer an e Client the foNowing performance guarantees, 5% fees at risk for Pa lent Satlsfaction - CarieATC guaranteseat ileast 85% em&yee satisfaction. 5%. foes at risk for Ciairns Cost ReduclJon - CareATC guarantees a decrease in cialms costs for employees who use the clinic. CareATC requests the following concilticins be met by Sample Client to be eflgibie for gUarantee: 1, 85% of eligible employee popu9afion must attend at least one implernentation/education meeting. 2, 80% of ernployipe.s who are eligR)le to use the cHnc must complete a personal Heafth Assessment, 3, 2 year; of Rx and Medical 0airris data and ongoing monflfly claims from TPA or carrier. 4. Remove from paid cWrrs; total any claim that r-neets or exceeds the spedfic stop loss attachment point. 14. Provide a full description of your pricing philosophy. CareATC offersi a pricing structure based, on a per employee ner rnonth adrnin fee with allother costs passed H thrOUgh."The acro-ln fee h-cludes: 2 Access to CareATC discoy-mits on rnedications, Mic work, equiiprnernt, and sl pp"es CareATC Response to RFP for Employee Health Center Administration 61 Page 595 of 717 Chronic Disease Management prograrn Dedicated ClIent and Unical Service Manage[s Evidence Based Unicall Design and implementation managerner-it IT Support Patient Portal and Mobile App Liabl,lity insurance Marketing materials production Patient services/calJ center PHA follow-up Physician management Quality control Staffing., supplies, equipment, medications, Vabs, any fees associatied with direct contracts wall be passed through. 15. How do you confirm that your pass-through pricing (costs) are the most competitive? We have a Facilities and Purchasing Team that evaluates our national agreements on an annual basis. We also negotiate with back-up providers to ensure our pricing is competitive and to provide services in the event our primary vendor is unavailable. 16. Provide a copy of a sample Invoice and backup. This has been inc�uded in the attachments sect -ion of this response, 1. Please provide a proposed Implementation timellne effective the date of contract approval. A detailed timellne has been included in the Attachments section of this response, CareATC Response to RFP for Employee Health Center Administration EN Page 596 of 717 ERKE-EROEO& PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA Page 597 of 717 PRICE SCHEDULE FORPHYSICALS h ost-Offer Physicals (non -firefighter and non -police) '01"_Off'or P ysfisai'�' Cost for Initial Term A qAUdi'ie Urine Dipstick Dipstick $0.48 B B J0_PaneI Drug Scree I -Panel Drug Screen and Breath Alcohol Test( AT) $16.10 C Titrnus Eye Examination Included D Tuberculin Skin Test (PPD) or chest x-rays(s) ifindicated $ 6.68 PPD E HeighttWeighth Blood Pressure Includ;-d— F Medical exai ination performed by a qualified physician Included 2 oat -Offer Physicals (Fireffghters) a a "g tor") Cost for Initial Term EA Urine Dipstick $0.48 B� 1 -Panel Drug Screen and Breath Alcohol Test(BAT) $ IVO C Tltmus Eye Examination Included D Tuberculin Skill Test (PPD) or chest x-rays(s) if indicated _:� —6.68 PPD E Height/Weight/Blood Pressure Included F Medical examination performed by a qualified physician -do—mPrehensive Included G medical history Included H Comprehensive occupational history, including significant Included exposures I EKG -1 2 lead with a cardiologist referral as required, with EKG included. Treadmill Stress Test as indicated ythe examining physician. (A treadmill stress test is required for a new employee who is age thirty-five orolder.) i Coronary Risk Profile Blood Test $&00 K Full Blood Chemical Screen with HDL, LDL, Triglycerides and a $11.40 CBC with Diff Chest X -Ray (PA and lateral) with interpretation) (B Reader L, Certified) TBD M Audiometric Testing Included N Spirometry (Pulmonary Function Test(PFT)) Included 0 Colon cancer screening $ O"84 P Hepatitis A, Hepatitis B, Hepatitis C Screening $24.00 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFP No. 037-1610-16/JMA 63 Page 597 of 717 Q HIV Screening $6.00 R Lumbar Evaluation Included S RPR Lab test $3.40 T MRI of the spine without contrast TBD U Sagittal images of the lurnbarspine TBD V Sagittal images of the cervical spine TBD Cost for 3 Post -Offer Physicals jPolice Officers) Initial Term A Urine Dipstick $0.48 B 10 -Panel Drug Screen and Breath Alcohol Test(BAT) $ 16.10 C Tit us Eye Examination Included D Tuberculin Skill Test (PPD) $6.68 E Tuberculin Chest X-ray TBD F Height/Weight/Blood Pressure Included G Medical examination performed by qualified physician Included H Comprehensive medical history Included I Comprehensive occupational history, including significant Included J EKG -12 lead with a cardiologist referral as required, with EKG Treadmill Stress Test as indicated by the examining physician, included. (A treadmill stress test is required for a new employee who is age thirty-five orolder.) K Coronary Risk Profile Blood Test $3.00 L Full Blood Che rn Screen with HDL, LDL,Triglycerides and a $11.40 CBC with Diff M Chest X -Ray (B Reader Certified) TBD N --ku-diometric Testing Included 0 -�P­irometry (Puirnonary Function Test(PFT)) Included P Colon Cancer Screening $ 034 Q Hepatitis A, Hepatitis B, Hepatitis C Screening $24.00 R HIV Screening Cost for Initial 4 Annual Physicals tor Firef.1Term g hters A Interval medical history Included B Interval occupational history, including significant exposures Included C Fecal Occult Blood Testing $0.84 D Tuberculin Skill Test (PPD) THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA 64 Page 598 of 717 E Tuberculin Chest X-ray TBD F HeightlWeight/Bfood Pressure _ Included c I G Coronary Risk Profile Blood Test $3.00 H Full Blood Chem Screen with HDL, LDL, Triglycerides and a $11.40 CBC with Diff I Comprehensive occupational history, including significant included exposures i Pap Smear $20.00 K Mammogram TB _D_ L Hepatitis A, Hepatitis B, Hepatitis C Screening $24.00 M HIV Screening $ 600 — N Medical examination performed by a qualified physician included 5 Annual Physicals for HAZMAT, Dive Team, Bomb Team — it Cost for Initial and Police Term A Treadimill Stress Test TBD Heavy Metals screeningto include arsenic, lead and finer cuiy $ 129.00 C Pseudochoflnesterase To be provided. D Timms Eye Examination Included E Chest X-ray TBD F brine Examination for Albumin and Glucose $6.40 G Audiometric Testing Included H Spirometry (Pulmonary Function Test (PFT)) Included I Lumbar Evaluation -ii—icluded J Prostate Specific Antigen Test (PSA) $16.75 K Digital Rectal Examination included L Colon Cancer Screening $0.84 6 Annual Physicals for Police Officers Cost for Initial Tarim A Interval medical history Included Interval occupational history, including significant exposures Included C Fecal Occult Blood Testing $0.84 D Tuberculin Skill Test (PPD) $6.68 E Tu be rc u Ij n Chest X-ray TBD F Height/Weight/Blood Pressure Included G Coronary Risk Proffle Blood Test $3.00 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA 65 Page 599 of 717 H --� -F-hern Screen with ------------------- A Blood CHDL, LDL, Trig lycerides and a $11.40 WU�♦ COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JI1.4 Page 600 of 717 PRICE SCHEDULE FOR MEDICALSERVICES Page 601 of 717 Cost for Item .....•......................................................•......_.............................._-.........-•............... Initial Term ...................... ...... ._.-........-..................................... ..........:........... 10 -Panel I r.L.I.Q... oreern .�._.................................._,­ ................................................... -.:..-..,.._.- ... 16.°10 .............................. iundlorrrnetrio TestingIncluded ..�.. ............................................................... . ...................................... ........................................................................... . .................................................. . .................................... ._.................................................... .�........................................................... Breath Alcohol `tMest i ...............................................A.......lcojol ................................................._.�.._........................................................................ ......................................................_.-...................... Irn l ded ......... Nest..�................_........................................ .-.-............................................ T1 ...... hest -Ray Reader Certified) TBD -... 6............ ............................................ _.................................................... Won t; arncer`._Screernirn....................................... .........................-..._...............m..... 0,' 7omprehensi e medical histo ....................................._.__............................................._..._ Included Comprehensive occupational history, including significant p �. :.Isur............................................................... Included ....................... ..............................�........................................................................................................._.�.�...... Coronary .... Risk Profile Blood Test est .................................................................... ................ ....................................................................._. .00 'ftp ............................. .'Di.....ital.... Rectal Examination .............� ... . .._............. Included EKG -1 lead with a cardiologist referral as required, with rEKKG 11 T�readmil.l Stress Test included 12 EKG -12 lead with a cardiologist referral as required, a itlnonnt .................................................................... Treadmill Stress "Fest _� _ included. ................. 13 Fecal Occult 0ood Test! ........................................................... $0.84 "null Blond Chem Screen with HDL, LDL, Triglycerides and a 1 .m...............................�-.. ......6 with Diff .............,.. 11.40 ...................... 1. vy ..................erour „n.,.o,.,.,.....a...i.....d........e...........a...rseruo; lea...d............a........n........d...........r....r........' ...... 129.00 1 .6...................eaetals„s...............r....e.......e... h 1 ht/Blood Pressure . _ ............................... Included 17 I�lepat tt ® I patii'i p l�tepafitY C oreernirng __................................................................ ,00 .................................................................................... 1 ............................... HIV Screening, including notifications ..................................................... � 6.00 1 interval medical history _................................................................�............................................................................................_.•....................................................m................................................................................................................ ...................'........................................................... Included 0 Interval occupational history, including significant .............................................................................. Included _ ...................e p o u res ........................... ............................................... _.............................................. . ........................................................ - 1 ................................... Lumbar al afion, ................................................_..�...............................�.�...m..............................................� _...................................................................... ­ ..... .w... .... . Included .. �? m......... t"rdrT".. r ... .................................... . ................................... .m.._ .................................................. ... . TBD 23 ..................... Medical examination performed by a quaRfied physician ........................................................ ..................................... Included ............ _......... ................................... .................................................................................................................... .p....Smear .............................. ..........................................................................................__.m.................................................... ....................... .......... .m.................................................... 25 ....................................................................................... ProstateSpecific rtiger .... ...: ...................—_........................................................................................................_.................... ..............2.........0.........,...0.........0 ....................................... I6. ........ 6 Pseudocholinesterase To be ...................... provided. ................... �..... Pn»nrnotiorn jest.... E Included '..... Titrrnrs..... Eye ....ar:iuroatiorn.......................................................................................................... IrI�.�ded 29 ._............................. .................................................................. `treadmill tress gest ................... TBD 0Rnberoulirn ........................... . ........................................................... __.............................. .......—...................................................... .................................................... _.... _......................................... ......—................................................ ChestX-rayTBD ............................................................_..........................................�...................................................._............................................_................................................ ............... r_......................................................................... Tuberculin Sly€l Test (PPP) ................................................................................................................ ........................................................................................... 6.66 ......................................a.....t.1.sio....................._........................................................... ............................................ .....................................................................................-....................................................� __.....-...................................... 0,46 trine Examination for Albumin and Glucose ...-........................................................................................... 6� 0 THIS PAGE TO BE SUBMITTED S L TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA 67 Page 601 of 717 T61S PAGE TO BE SIBJUTTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA 68 Page 602 of 717 Cost for " Item M Descri ion - t �n ILflal Term 34 uti Medical Fitness for D by lizing Emp ee b D�epfion ty� 10V jo scri u� Included 35 Reasonable Accommodation Determinations under ADA I s under In I cl uded 36 —Physician Consultation per Hour Included 37 Physician Assistant Consultation per Hour N/A 38 Designated Infection Control Officer for the City's Blood Borne N/A Pathogens Exposure control Pro rarer. 39 Designated Infection Control Officer for the City's Blood Borne N/A Path! ensE�osq�rqCoh�trolPro rarn Access Rate PER HOUR 40 RPR Lab Test $3.40 41 MR1 of the spine without contract TBD 42 Sagittal it mages of the lumbar spine TBD 43 Sagittal images of the cervical spine TBD 44 T1/T2 with radiologist interpretation TBD A Standardized Physical Capacity or Dexterity Evaluation (not a 45 functional capacity) performed by a therapist. (Problem areas or TBD concerns would be 46 Cholesterol Test $4.60 47 Blood Sugar Test $3.75 48 Lab Processing Fees N/A 49 Strop Test $6.20 50 Flu Test $50.00 51 Flu Shot $22.00 52 Standard X-Ray for fracture TBD T61S PAGE TO BE SIBJUTTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA 68 Page 602 of 717 Top Ten Health CenterSupplies COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA R9 Page 603 of 717 Cost for Initial Collection Set, Bld Safety Luer Adpt 23gx3/4" (50/b Bd) Fe—sT-St p, Bid Glue Microffilffi/contour (501box) ontaintr�, Sharps Red Tgl (201cs) ove, xam itrl Pf Text Sm (100/box 10box/cs) andage, Adh Sheer U I xY (1 00/bx 12 bxIcs) MMM'Mn-stackable (250/bg) Bd Kleenex (1 GGIbx 36 bxIcs) empress, IMMI MI" x CS gm ove, Exam Witri Pf "I -ext Med (1 00/box I 0bx/cs) Cohesive N/s Colorpk COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA R9 Page 603 of 717 The undersigned agrees the right of the City to hold all Proposals and Proposal guarantees for period not to exceed ninety (90) days after the REP opening date. The undersigned accepts t invoicing and payment policies specified in the Agreement. I COMPANY NAME (-�Lj 8 )779-7441 - TELEPHONE NO. pkeeli ig@careatc.com E-MAIL ADDRESS L14, 921 SIGNATURE�� Chief Business Dqy2Lopment Officer TITLE COMPLETE AND ACCEPTABLE. RFP No. 037-1610-16/JMA Page 604 of 717 REFERENCES FOR SamAIC OF PM -..m.. Name: City of Tampa, FL W4rSll .152 ,._.=u u.M................................_ npa,._.FL 3360 _. Company Name: City of Cocoa _A..__.___._.__.__._._.. ----------------------------------------------------- - l caI ,m L 3292 P � : 5 1866.5665 Fall" -.4 U 33.84 E -Mai ° tgeeT�mati@cocofl.org Company Namll Tulsa Heafth and f u 175 y Lft 555 ............. u1sa, OK 70. Contact Nees: Gerald Garreff Peons: 918.596.1783 Company NameUty of Edmond, OK Address. 7 North Broadway Aond, OK 73083 'C'6ntact Name- Lisa Goodpa, Pne�. 405,359,4687 Fax. 9 18.599.9176 E-Mait,garre city(AF; g Fax: 4.05, 59.465 E -Mail: �� ll5 astu rvnorldok.go RE Page 605 of 717 Submit RFP'S To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 A%FP Title: R1FP FOR EMPLOYEE HEALTH CENTER ADMINISTRATION All awards made as a result of this RFP shall conform to applicable sections of the charter aa -t codes of the City. A Corporation of the State of, lad Area Code: 918 Telephone Umber: '7'79-7414 Mailing Address: 4500 S 129th E 48 1h pi City/State/ Zir: 'Tulsa, OK74134 E-mail Address: PkeefiinoO.careatc.com Authorized Signature Paul K NameType COMP LETE AN D ACC EPTA BLE. RFP No. 037-1610-16/JMA Page 606 of 717 RFP TITLE: "EMPLOYEE HEALTH CENTER ADMINISTRATION" RFP NO.: 037-1610-16/JU!-, DATE SUBMITTED: M (4 2016 'MME Rie rl ecessarj 10 Cori i pieTe•Mae l proWe WOFK Spe Tied by the Contract documents. THE CITY OF BOYNTON BEACH =11 according to tne Uontract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE No. 1 4/27/2016 r, YPIZ 7,11,41 111,14,1711717,11, MOTiF COMPLETE AND ACCEPTABLE RFP N,,. 037-1610-16/JMA Page 607 of 717 RFP No. 037-1610-16/JMA , I 1 1, Rii1ill l This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. 1. Name of Qualifier: Care ATC., Ing 2. Business Address: 4500 S 129th E Ayp Rilite 191 ............. Tulsa, OK 74134 3. When Organized: 2000 ......... . .... ----------------- 4. Where Incorporated: Oklahoma 5. How many years have you been engaged in business under the present firm name? 16 Years 6. General character of work performed by your company. Direct Rrimary care Occupational health services, blometric screenings, and chronic disease mana eme,n't. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 238 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity. We do not currently hold any contracts that require a bond. We are y and passing the cost of the bond through. Have you ever defaulted on a contract? If so, where and why?" IF fkv- IDERM COMPLETE AND ACCEPTABLE RFP No. 037-1610-16/J.11,0. Page 608 of 717 Welfare Trust Gerald Garrett 918.596.1783 13. Contracts on hand. 97 14. Largest completed projects (include final cost). CareATC. provides ongoing services once an agreement is signed. We have provided the top three contracts based on the annual deal value. 1 20 000 ern DI ees 2) .gcett Matt, 139000 erraloees 3) _gty Of TZLp ,M 00 ern to ees 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: N/A 2) occurred within the last 4 years. N/A 3) provide case number and style: N/A this 4-th —day of Mav 2016 &M By:_ t_6 (written signatur Page 609 of 717 STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly swom, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of lift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: r—� NAME - SIG A Un Sworn and subscribed before me this 4th day of Mav 2016 yun�. *W Chief Business Development, Officer SHARON COUCH Notary Public, State of Wahoms Commission # 13005078 My Commission Explies MOV 30, 2017 "OFFICIAL NOTARY SEAL" STAMP Ing it BkCoAS MR 'ED COMPLETE AND ACCEPTABLE RFP No037-1610-16/JMA Page 610 of 717 State of-Oklafto..m-a ------ County----------- Paul Keeling, being first duly sworn, deposes and says that: 1) He/She is Chief Business Development Officer of CareATC, Inc. , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP FOR EMPLOYEE HEALTH CENTER ADMINISTRATION; 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; t',) Said RFP is genuine and is not a collusive or sham RFP-, 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Pagd]611 of 717 Iva% this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? - "des . .......... If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) 0 ill" 0 W I I Z X No Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X Issuing Organization for Certification Date of Certification 4THIS PAGE TO BE SUBMITTED WITH PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFP No. 037-1610-16/JMA Page 612 of 717 IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or r ,nXjr?r drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so coiivicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementati of this sectin. I o THIS PAGE TO BE SUBMITTED WITH PROPOSAL TO BE CONSIDERED 43 COMPLETE AND ACCEPTABLE RFP No. 037-1610-16/AvIl Page 613 of 717 RAILM BEACH COUNTY INSPECTOR GENERAL The contractor understands and agrees that in addition to all other remedies a consequences provided by law, the failure of the Contractor or its subcontractors or lowi I deemed by the municipality to be a material breach of this contract justifying i termination. 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Page 635 of 717 R Page 636 0 717 � \ 7 \)/ 7�/ � \!/ {� if\ � \ �� � �}`7/��� R Page 636 0 717 Page 637 of 717 �aRH 0 0 i dY tl � ' - FFFyyy B 2 'a Y, v 4a, �d Q 8. X,: ,. t° C .5 Un t} e®00 6C5 E 0ti ,iya' C L L4 E ' IT 12 0. Al 6i1 toga® & .i.., m m Ira° 06.E y® 6S 012 fCaitv"' ;.. iuu:9 ` Y m ®® '0 V m cn to CL c ® � ®® ®® ®� .� CL CML 0 m as tA CL.® 4� Lei �^ 4*a m Page 637 of 717 Page 638 of 717 12.C. NEW BUSINESS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Commission discussion of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. EXPLANATION OF REQUEST: As a result of the City's desire to increase safety on the City's roadways, on August 3, 2009, the City of Boynton Beach and American Traffic Solutions ("ATS") entered into a Professional Services Agreement, as amended, to facilitate the implementation of the City's red light camera program. Through its Business Rules, the City established a process to review photographic images and streaming video of potential red light violations. In October 2014 the Fourth District Court of Appeal issued an opinion about the City of Hollywood's red light camera program ("the Arem case"). Although the Boynton Beach program is distinct from, and different than, the program described in the Arem case, local judges and hearing officers decided to dismiss all of the City's pending red light cases and used the Arem case as a basis to do so. The City Commission then voted to suspend the City's red light camera program until the matter could be resolved. City staff revised the Red Light Camera Business Rules to address the opinions expressed by the local judges and hearing officers. The City also made a few changes based on the opinions expressed in the Arem case, even though the City's program has always been different than the program described in the Arem case. Following these program modifications, on August 4, 2015, the City Commission approved the Fourth Amendment to its agreement with ATS and authorized the City's red light camera program to resume operation. Pursuant to the amended agreement with ATS, the City received a three-month financial credit for the time that the cameras were turned off and a reduction in the monthly lease amount per camera. The City has the option to cancel the ATS contract for any reason or no reason at all, effective December 31, 2016. To do so, the City must notify ATS on or before October 3, 2016. Otherwise, the contract will continue through its expiration date of May 14, 2021. Since the City has resumed its red light camera program, there have been two types of hearings where the City's modified program has been evaluated and determined to be sound: (1) local administrative hearings at City Hall and (2) traffic infraction hearings in County Court. At the local administrative hearings, the Red Light Magistrate has heard testimony and evidence regarding the City's modified red light camera program and made a ruling that the City's red light camera program does not violate any of the provisions of the Arem case. The local hearings have proceeded twice a month without issue. Two individuals have filed appeals arising from their local hearing cases. The appeals are ongoing and the City Attorney's Office does not expect a ruling prior to October 3, 2016 when the City must decide whether or not to cancel the contract. The traffic infraction hearings in County Court have been heard by four (4) different Traffic Hearing Officers. Each Traffic Hearing Officer has heard testimony and evidence regarding the City's modified red light camera program and made a ruling that the City's red light camera program does not violate any of the provisions of the Arem case. To date, no defendants have filed appeals arising from the County Court traffic infraction hearings. The City has not yet had any County Court traffic infraction trials with Judge Eissey, the County Page 639 of 717 Court judge who previously dismissed the City's cases based on the City's "old" red light camera program. Judge Eissey has stayed all red light camera trials pending rulings on red light cases in the Second and Third District Courts of Appeal, as such rulings may have an impact on the breadth of the Arem ruling from the Fourth District Court of Appeal. The Third DCA recently issued is opinion in City ofAventura v. Jimenez, and held that the City of Aventura's red light camera program is legally sound. The City of Boynton Beach's program is similar to the City of Aventura's program. There is no set date for when the Second DCA will issue its red light appellate ruling; however, the parties participating in the appeal anticipate receiving a decision by October of this year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the Commission chooses not to cancel the contract, the City's red light camera program will remain intact and the City's enforcement of red light violations will continue. The City will continue to meet its goal of protecting the Citizens of Boynton Beach from the danger created by individuals who run red lights in violation of Florida law. Options: Do not cancel the ATS contract and continue the City's red light program through May 14, 2021. 2. Notify ATS that the City intends to terminate the contract, effective December 31, 2016. FISCAL IMPACT: Budgeted The amount of the fine is $158 per ticket, $83 is remitted to the State of Florida and $75 is retained by the City to operate the program. For the time period October 2015 thru July 2016 (10 months), the average monthly amount of: Fines Received $250,000 Amt to the State13( 5.000) Amt retained City 115,000 Operating costs - ATS camera lease ($66K), legal ($13K), magistrate ($1K)(80,000) Amt remaining in traffic fund 35,000 This program currently has three (3) staff members funded from the Police Department in the General fund that handles this program at an estimated annual cost of $170,000. ALTERNATIVES: Cancel the City's contract with American Traffic Solutions and suspend the City's red light camera program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 640 of 717 Grant Amount: CONTRACTS VENDOR NAME: American Traffic Solutions, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Action Type D Agreement D Agreement D Agreement D Agreement D Agreement D Agreement REVIEWERS: Department Legal Finance Legal City Manager Description Original Agreement with ATS First Amendment to ATS Contract Second Amendment to ATS Contract Third Amendment to ATS Contract Fourth Amendment to ATS Contract Scriveners Error correction to Fourth Amendment Minutes from the August 4, 2015 discussion on ATS Contract Reviewer Action Date Swanson, Lynn Approved 8/11/2016 - 8:53 AM Howard, Tim Approved 8/11/2016 - 11:01 AM Swanson, Lynn Approved 8/11/2016 - 11:26 AM LaVerriere, Lori Approved 8/11/2016 - 2:43 FOIA Page 641 of 717 EXCLUSIVE AGREEMENT BETWEEN T E CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement is made as of this day of , 2009 by and between American Traffic Solutions, Inc., a Delaware Corporation, licensed td do business in Florida, with offices at 14861 N. Scottsdale Rd, Suite 109, Scottsdale, Arizona 85254 ("Vendor"), 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"). WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by Vendor pursuant to this Agreement; and WHEREAS, on December 16, 2008, the City Commission of the City adopted Ordinance 08-034 to authorize the City's Red light Enforcement Program and provides for the implementation and operation of such; and, WHEREAS, the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein. NOW "THEREFOR-:, 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 1.0 A Yreernent. The parties agree to the terms and conditions of the February 8, 2008, Agreement between the City of Aventura and the Vendor, a copy of which is attached hereto and incorporated herein, except as amended as follows: A. All references to the City of Aventura shall be deemed as references to the City of Boynton Beach. B. All references to Aventura Ordinance 2007-15 shall be deemed as references to Boynton Beach Ordinance 08-034. S CMAGMTSIPtggyb%,k 1ArS -Red [.fight [:amera► doe Page 642 of 717 C. Section 14 shall be amended to reflect the Notice information for the City of Boynton Beach to be as follows: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 "Telephone: (561) 742-6010/ Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 / Facsimile: (954) 771-4923 D. Sections 1.28 and 6.2 shall be amended to provide for a sixty (60) day Warning Period. Section 10.8 is amended to read: "At the conclusion of the Warning Period, and the 2010 session of the Florida Legislature, the City and Vendor will review the indemnification provisions in this Section 10." F. Section 24.0 shall be amended to provide for venue in Palm Beach County, Florida. G. Exhibit A, "Designated Intersections," to the Aventura Agreement, shall be replaced with Exhibit A, "Boynton Beach Designated Intersections," attached hereto. H. There shall be an Exhibit G to the Agreement, the DMV Subscriber Agreement, which shall be executed by the City of Boynton Beach and attached to this Agreement. In the event of a conflict between the terms of the Aventura Agreement as amended hereto and the terms of the City's Ordinance, the terms of the City's ordinance shall prevail. 2.0 License for City Information. Vendor acknowledges that the names, logos, service marks, trademarks, trade dress, trade names and patents, whether or not registered, now or hereafter owned by or licensed to City are proprietary marks and Vendor will not use the marks for any purpose except as expressly permitted in writing by the City. Upon termination of this Agreement, Vendor shall immediately and permanently discontinue the use and display of any marks. Page 2 o f' 6 5 r(WAQMT%kPiWNck f A {'S - Red Light C wera) dm Page 643 of 717 3.0 In the event that the Aventura Agreement is amended, or terminated, Vendor shall notify the City within ten (10) days. In the event the Aventura Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. 4.0 The Vendor agrees that in the event it enters into an Agreement 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 Agreement, the parties shall enter into an Addendum to provide those terms to the City, FOREGOING,IN WITNESS OF THE parfies have set their hands and seals thq above.day and year first written CITY OF BOYNTON BEACH, FLORIDA WITNESSES: Print A]"ThST. ' r — SFC TA Y Page 3 of 6 41CA1AGMTSIPiggybuk (A 1 S Red hghl Camera) do Page 644 of 717 STATE OF 7-nna- ss: COUNTY OF ON THIS:0day o 2009, before me, the undersigned notary public, personally appeared - --- personally known to -wko " produced ....................... ........ . and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same on behalf of said Corporation and that he was duly authorized to do so, I � I I I 1� I I 1 1,11 1 11; HIS i INGAINTMWW=1 My Commission Expires: S \CMAGMTS\Piggybwk (ATS - Red Light Camera) doc gognerm Page 645 of 717 EXHIBIT "A" Boynton Beach Blvd and Congress Avenue Congress Avenue and Gateway Blvd, Congress Ave and Woolbright Rd Federal Highway and SE 23rd Ave Boynton Beach Blvd and Seacrest Blvd All approaches All approaches All approaches All approaches Allapproaches Along with such additional Intersections, as Vendor and the City shall mutually agree on from time to time. Page 5 of 6 S ICAW3MTS,Prggyhack (ATS - Red Light Camera) dur. Page 646 of 717 EXHIBIT C ITOW ! ! ! i !I EElrEVT S CMAC M I STiggyback (ATS -Red Light Camera)dm Page 647 of 717 it �,��h i�Jz f> 1' 4' >,'y (,� 'h ii y- r ,: ft, ATS requires that ;roar agency cer:11y the intendec use of :he informatlort made availiabie to your agency through our services and that such uses are in comaance mt h "me Federal ®river's Privacy Protec,*n Act Title XXXI and other applicable iaws governing dissemination of puiAic records. Based on your agency's vended use of such information. ATS will either grant permission -o use the service or deny me application Please specrfy any of the follow'ng permtssinle uses under §2721 that apply (1) For use by any government agency. including any court of law enforcement agency in carrying out :s func-ions. or any private person or entity acting on behalf of a Federal, State or local agency in Carrying out its functions (4'1 For use in connection with any crvil, cnminal. adminis:ra:,ve, or ar:)itra: proceeding in any Federal. State, or locat court or agency or *e1bre any seif- regulatory body: inctudmg the service o' process, investigation in anticipation of Irtrgaucin, and :he execution or enforcement of judgr'tents and orders: oa pursuant to an order of a Federal, State, or local court +,7) For use in providing novice to :he owners of towed or Impounded vehicles ( 10) For use in connecti0in With the operation of private *toll transportation tacila*s in consideration of ATS making its Services avafl*,,Ie Subscriber agrees :o fly utilize ATS provided data only for the purpose(s) specified above". and ,ii; request such information only for :he SU.scriber s exclusive use in :he ordinary course of Subscriber's 'wsiness and no: for resale I cer'ify that ; am awhorized to execute the Subscriber L,se Gertificaiion on t;ehwf of the Subscriber listed below On behalf of such Sw)scrit)er, 1 certify that the above staterwis are 'rue anc correct Su')sM)er acknowledges and agrees that ATS may from time to time audit SubSCnbe('a use of ATS's Services -o ensure that such use is consistent with the intended uses set for -r, above and with all applicable laws This agreement shall be for year(s) eornmercinr on ;he date below and shall automabcally renew annually This agreement may !)e terromated *rain X days novice of the anniversary date. annually SUBSCRIBER INFORMATION Si--scrber Agency. ma NIL 'S Agency OR, Name of Authorized Representeove -ire of Au r :ed Remseritatve tlr}$ Aciaress ;rry °5iZIP Coae -eleohone Fa) Ernai 5 gr°ature of Authomeo fReprimmarve Confidential Information ation yy� Page I Pepto Enfor ~ anent Services Apmerrient Page 648 of 717 i 1RESOLUTION RI0- Il 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING N 5 AUTHORIZING ET CITY MANAGER 6 CITY CLERK OF AMENDMENTI TO THE EXCLUSIVE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH B AND AMERICAN TRAFFIC SOLUTIONS F 9 LIGHT ENFORCEMENT ; AND PROVIDINGA 10 EFFECTIVE DATE. 11 12 WHEREAS, in 2009, the City entered into an Agreement with American Traffic 13 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to 14 City Ordinance 08-034; and 15 WHEREAS, as a result of State Law enacted during the 2010 Legislative Session, 16 it was necessary for the City to amend its ordinance and implement the red light camera 17 enforcement program pursuant to the State Law; and 18 WHEREAS, it was also necessary for the City to amend its Agreement with ATS 19 since the scope of services and the compensation structure changed as a result of the State 20 Law; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 22 in the best interest of its residents and citizens to approve the Amendment No. 1 to the 23 Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions 24 for Photo Red Light Enforcement Program and authorize the City Manager and City Clerk 25 to execute the document. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed S lC'A�RESO\Agreemenls�Rcso • Amendment No ; to A'rS Ked Light Agmt.doc Page 649 717 1 2 3 4 6 7 8 44 10 11 12 13 14 15 16 17 18 19 20 21 22 3 2 25 2 27 28 29 30 31 32 33 34 5 6 s 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 authorize and approve execution by the City Manager and City Clerk of the Amendment No. I to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. NA PASSED AND ADOPTED this Tday of September, 2010. N W 1.'►' I M. Prainito, MMC Clerk Mayor -o -odriguez lE Vic lay r - rlene Ross J N 1 Commissioner - Wod• hmendmem No u, ATS Red Light Agmt.doc Page 650 of 717 i0,.-f/v .4 ki 101 jj This Amendment No. 1 (the "Amendment") to the Exclusive Agreement Between The City of Boynton Beach and American Traffic Solutions For Photo Red Light Enforcement Program datedas f August 3, 2009 (the "Agreement") is made and effective as of this day of 2010 by and between the City of Boynton Beach, Florida, a municipal corporatlo (the "City") and American Traffic Solutions, Inc., a Kansas corporation ("Vendor"). WHEREAS, on or about December 18, 2008, the City adopted Ordinance No, 08-34, codified at Chapter 14.5 of the City's Code of Ordinances, which provides for the enforcement of red light violations using traffic infraction detectors (the "Ordinance"); and WHEREAS, on or about August 3, 2009, the City and Vendor entered into the Agreement, whereby the City and Vendor agreed to the provision by Vendor of services to the City in connection with the enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, the Agreement provides that "the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein" (the February 8, 2008 Aventura Agreement is referred to herein as the "Aventura Agreement"); and WHEREAS, on or about May 13, 2090, the Governor of the State of Florida signed CS/CS/1-118325 into law, resulting in the Law of Florida 201080 taking effect on July 1, 2010, and WHEREAS, Law of Florida 2010-80 expressly authorizes municipalities to use traffic infraction detectors to enforce certain provisions of Chapter 318 of the Florida Statutes, subject to certain requirements; and WHEREAS, the City has amended Ordinance No. 08-34 and Chapter 14.5 of the City's Code of Ordinances to provide for the enforcement of red light violations using traffic infraction detectors in accordance with the provisions of Law of Florida 2010-80; and WHEREAS, the City and Vendor wish to amend and modify the Agreement to align the provision of services by Vendor with the provisions of Law of Florida 2010-80; Page 651 of 717 NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and City agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: 1, Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. Definitions. Section 1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.0 Definitions. The following words and phrases shall have the following meaning in this Agreement: 3. Definition of "Authorized Employee." Section 1.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.1 "Authorized Em to ee" means a Traffic Infraction Enforcement Officer, whose duties and qualifications are set forth in Law of Florida 2010-80, as may be amended or recodified from time to time. 4. Definition of "City Ordinance." Section 1.3 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.3 "CA -y- Ordinance" means Chapter 14 5 of the City's Code of Ordinances, as may be amended or recodified from time to time. ® Definition of "Civil Fee." Section 1.4 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.4 "Civil Fee" means the penalty assessed for violations of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 6. Definition of "Enforcement Documentation." Section 1.8 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1,8 "Enforcement Documentation" means the necessary and appropriate documentation related to the issuance and collection of Notices of Violation for the enforcement of Infractions including Notices of Violation, instructions for Notices of Violation, form affidavits, instructions for form affidavits, reminder letters, a ___....... ....................... _ — .... __ .....,_.. ........ .......... ..... . ..... Page 2ol,24 Boynton Beach, FL—ATS ConlrectAmend ment_Final_2010.08.19 City of Boynion Beach, FL Page 652 of 717 numbering sequence for Notices of Violation, chain of custody records, and technical support documentation. 7. Definition of "Infraction." Section 1.11 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.11 "Infraction" means any violation of Florida Statutes §§ 316.074(1) or 316,075(1)(c)1 that may be enforced pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 8. Definition of "Notice of Infraction." Section 1.15 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.15 "Notice of Violation" shall mean the notice of an Infraction, which is delivered by first class mail by Vendor to the owner of a motor vehicle involved in an Infraction based upon the appropriate Enforcement Documentation pursuant to the requirements of Law of Florida 2010-80, as may be amended or recodified from time to time. All references to the term "Notice of Infraction" in the Aventura Agreement, as incorporated into the Agreement, and the Agreement are deleted and replaced with the term "Notice of Violation." 9. Definition of "Ordinance," Section 1.17 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.17 "Ordinance" shall mean Chapter 14.5 of the City of Boynton Beach's Code of Ordinances, as may be amended or recodified from time to time. 10. Definition of "Potential infraction." Section 1.20 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.20 "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be processed by the Vendor System for the purposes of allowing the Authorized Employee to review such data and determine whether an Infraction has occurred. 11. Removal of Duplicate Definitions of "Traffic Safety Camera Program." Section 1.25 of the Aventura Agreement, as incorporated into the Agreement, is retitled "Photo Red Light Enforcement Program." Page 3 of Boynton Beach, FLATS Contracl Amu ndment_Fina1_2010 08,19 City of Boynton Beach, FL Page 653 of 717 12. Definition of "Warning Period." Section 1,28 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.28 ';Warning Period" means the period of 30 days prior to the Installation Date of the first intersection approach. 13. Prosecution. Section 3.4 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 3.4 Prosecution. The City shall prosecute Infractions pursuant to the terms, procedures, and requirements of the City Ordinance and general law, subject to the City's routine law enforcement discretion. % Fees and Payment. Section 6 of the Agreement will now include this wording as follows: Flexible Payment Plan. During the term of the contract, payments by the Customer may be made to ATS under a Flexible Payment Plan. Under the Flexible Payment Plan, the Customer may defer certain payments to ATS until the Customer has collected sufficient funds pursuant to the terms of the contract. If, at the end of the term of the contract, sufficient funds have not been collected by the Customer to pay the balance then due to ATS, ATS agrees to waive its right to recovery of any outstanding balance. For purposes of this clause, the term "funds" means the revenue retained by the Customer according to the distribution methods applicable under this contract and applicable state law. This clause will be applied as follows: ATS will maintain an accounting of any net balances owed to ATS. If the amount collected during a billing period exceeds the amount of ATS invoices during the same period, the Customer shall pay ATS the total amount due. If the amount collected during a billing period is less than the amount of ATS invoices during the same period, the Customer shall pay ATS the amount collected, and may defer payment of the remaining balance. Payments due to ATS shall be reconciled by applying future funds collected, first to the accrued balance, and then to the invoice for the current billing period. At any time that ATS invoices, including any accrued balance, are fully repaid, the Customer will retain all additional funds collected during that billing period. Such additional funds (whether reserved in cash or not by the Customer) will be available to offset future ATS invoices, 15. Termination for Cause. Section 6.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: Boynton Beach, FLATS Contract Amendment_Final_2070.08.19 City of Boynton Beach, FL Page 654 of 717 6.1 Termination for Cause: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state or federal statutes are amended, or regulations adopted by agencies with jurisdiction, to prohibit the operation of photo red light enforcement systems, to make it impracticable to operate the red light enforcement program, or to impose restrictions on revenues and uses that are materially contrary to the terms of this Agreement or the provisions of the current State Law: (ii) any court having jurisdiction over the City rules or declares, that the city's red light enforcement program, or the program set forth in the State Law, is invalid, or results from Vendor System of photo red light enforcement are inadmissible in evidence due to a defect in the manner in which such results were obtained or processed (in which case, Vendor shall have the opportunity to cure such defect, as provided below), or otherwise renders a decision that makes it impracticable to operate the red light enforcement program; (iii) a determination by a court of competent jurisdiction or other applicable dispute resolution forum that Vendor has infringed upon a third party's patent, trademark, copyright, trade secret or other intellectual property; (iv) the other party commits a material breach of any of the provisions of this Agreement; and (v) Vendor's non- payment of revenues to City as required by this Agreement. In the event of a termination due to this Section, City shall be relieved of any further obligations to Vendor other than as specified herein. Either party shall have the right to remedy the cause for termination within forty-five (45) calendar days (or within such other time period as the City and Vendor shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non -causing party setting forth in reasonable detail the events of the cause for termination. The rights to terminate this Agreement given in Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. % Warning Period. Section 6.2 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 6.2 Warning' Period. Vendor shall provide assistance to the City for a periodic announcement and awareness campaign required thirty (30) days in advance of the commencement of the City's program. 17. Procedures for Processing Payments. Sections 7.2, 7,3, and 7A of the Aventura Agreement, as incorporated into the Agreement, are deleted and replaced with the following: ......___ Boynton Beach, FLATS Contract Amendment_ Fina1-2010.08.18 City of Boynton Beach, Ft - Page 655 of 717 7.2 Vendor shall be responsible for processing payments of Civil Fees paid pursuant to Notices of Violation and, to the extent practicable and permitted by the court, Uniform Traffic Citations. Vendor shall provide payment means through mail, telephone and on-line processes. Vendor shall track all payments and handle all applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals. Any payments made in person to the City will be taken by the City and applied through Axsis System, 7.3 Vendor's lockbox shall remit to the designated City account all payments received during a week, no later than 5:00 p.m. Eastern Time on Tuesday of the following week, if such Tuesday is a legal holiday or a day upon which banking services are not available, Vendor's lockbox shall remit such payments on the next day that is not a legal holiday and that banking services are available. 7.4 Vendor shall invoice the City for all applicable fees for services rendered by Vendor pursuant to this Agreement according to the fee schedule delineated on Exhibit F. Along with the invoice. Vendor shall provide information to the City, in a format acceptable to the City, supporting the invoice amounts forwarded by Vendor to the City. In addition, City shall have access to Vendor's financial records evidencing payments for all paid Notices of Violation and for Uniform Traffic Citations (the "UTC") for red zone infractions at City's Designated Intersections upon City's reasonable request. 18. Legal Challenges and Indemnification. Sections 10.4, 10.5, 10.6, and 10.8 of the Agreement are deleted, except that the provisions of Section 10.4 (cost of legal challenges) shall continue in full force and effect as to any legal challenge within the scope of Section 10.4 to the extent that such legal challenge (a) was Fled with a court of competent jurisdiction on or before June 30, 2010 or (b) is based upon the Photo Red Light Enforcement Program as it existed and was operated prior to July 1, 2010. In the event of any legal challenge to the City's enforcement of the State Law, Vendor shall provide reasonable administrative assistance to the City in responding to that challenge, including, but not limited to, providing reasonable assistance to the City in responding to discovery sought from the City, providing reasonable assistance to the City in explaining and presenting the technicial aspects and operations of the Vendor Photo Red Light System, and providing reasonable assistance to the City in identifying and locating violations. 19. Exhibits. Exhibits A, B, C, D, and F to the Agreement are deleted and replaced with Exhibits A, B, C, D, and F to this Amendment, The terms of Exhibit "F", "Service Fee Schedule" (the "Schedule"), shall be subject to the following conditions; A. Reopener. If the provisions of the Service Fee Schedule (Exhibit F) have operated to the material financial detriment of a party when compared to the operation of the Photo Red Light Enforcement Program prior to the execution of this _ Flge 6 of 24 Boynton Beach, FL—ATS Contract Amendment— Final_2010. 06, 19 City of Boynton Beach. FL Page 656 of 717 Amendment No, 1 then that party may provide the other party with written notice explaining how the Service Fee Schedule has operated to that party's material financial detriment and requesting to negotiate an amendment to the Service Fee Schedule (a "Reopener Notice"). The parties shall act in good faith to negotiate an amendment to the Service Fee Schedule that addresses, in a manner that is fair and equitable to both parties, the matters raised in the Reopener Notice. If the parties fail to reach agreement upon an amendment to the Service Fee Schedule within 90 days of the Reopener Notice, then either party shall have the right to terminate this Agreement without penalty or early termination fee, subject to the terms and conditions of Section 6.3 of the Agreement, by providing 30 days advance written notice to the other party, such notice to be given no later than 100 days from the Reopener Notice. This provision shall expire and be of no further force or effect 365 days from the Effective Date (the "Expiration Date"); provided, however, that if a Reopener Notice is given pursuant to this section before the Expiration Date, the parties shall have the negotiation and termination rights provided in this Section, notwithstanding the passage of the Expiration pate, solely with respect to that Reopener Notice. 20. Most Favored Governmental Entities. The Vendor agrees that if, after the Effective Date of this Amendment No. 1, it enters into an agreement 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, that are more favorable than the terms in the Agreement, as modified by this Amendment, the City may provide Vendor with written notice explaining how the new agreement is for the same or substantially similar services and how the new agreement contains terms or conditions that are more favorable than the terms in the Agreement, as modified by this Amendment and requesting to negotiate an amendment to the Agreement (a "New Agreement Notice"). The parties shall act in good faith to negotiate an amendment to the Agreement that addresses, in a manner that is fair and equitable to both parties, the matters raised by the City in the New Agreement Notice. If the parties fail to reach agreement upon an amendment within 90 days of the New Agreement Notice, then the City shall have the right to terminate this Agreement without penalty or early termination fee, subject to the terms and conditions of Section 6.3 of the Agreement, by providing 30 days advance written notice to the Vendor, such notice to be given no later than 100 days from the New Agreement Notice. 21. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement and Aventura Agreement, as incorporated into the Agreement, shall remain in full force and effect. Unless a different meaning is specified in the Amendment, all capitalized terms used herein shall have the meaning described in the Agreement. In the event of a conflict between the terms of this Amendment, the Agreement, and the Aventura Agreement, as incorporated into the Agreement, the terms of this Amendment shall prevail and control. 22. Entire Agreement. The provisions of this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. All representations and promises made by any party to another, whether in writing or orally, concerning the subject matter of this Amendment are merged into this Amendment. Except as amended by this Boynton Beach, FL_A7s Contract Amendment—Final-2010.08.19 City of Boynton Beach, FL, Page 657 of 717 Amendment, the terms of the Agreement and the Aventura Agreement, as incorporated into the Agreement, shall continue in full force and effect. 23. Counterpart Execution. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. IN WITNESS OF THE FOREGOING, the parties haves t their hands and seals the day and year first written above. a _ I iClerk ate APPROV74AST01 MORM ¢, r. -MAM. - ■., Date Adam E. Tuton Date 9-1,6- /0 Chief Operating Officer Date ...._..... _ ..w. d16 2 Boynton Beach, FLATS Contract Amendment -Final -2010.08 19 City of Boynton Beach. FL Page 658 of 717 M On this jYf__:-day of 010, before me, the undersigned notary public, xw gr� 7 g +-a e-1 personally known to me or who personally appear d jLNd�ag�' has produced -0nve4-s " Le,4*e, as identification, and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the 4ame on behalf of American Traffic Solutions, Inc. and that he was duly authorized to do ?C. IN WITNESS WHEREOF I he a nto set my hand and official a s al. I e CATHERINE E WILKINS Seal� Notary Public - Arizona Maricopa County • My Comm. Expires Feb 7, 2014 N1 ARP PfJBLIC 11 -- - My commission expires: I r1t I LX as Print Name a'T' 2A Boynton Beach, FL—ATS Contract Amendment—Nnal-2010.08.19 City of Boynton Beach, FL Page 659 of 717 City will designate first phase implementation of cameras at designated intersections. Vendor shall make its best efforts to install a camera system within thirty (30) days of permits being granted and power delivered for each agreed upon approach, during the term of this Agreement, providing that City has received permission for all implementations in writing from any third -party sources. Designated intersections to be analyzed: Boynton Beach Blvd and Congress Avenue All Approaches Congress Avenue and Gateway Blvd. All Approaches Congress Avenue and Woolbright Rd, All Approaches Federal Highway and SE 23rd Ave All Approaches Boynton Beach Blvd and Seacrest Blvd All Approaches The intersection approaches to be installed pending a constructability analysis and notice to proceed from the City include, but are not limited to, the following: 1) EB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Avenue 2) EB E Gateway Blvd @ N Congress Ave 3) NB S Federal Hwy @ SE 23rd Ave 4) EB W Woolbright Rd @ S Congress Ave 5) NB N Congress Ave @ E Gateway Blvd 6) NB N Congress Ave @ W Boynton Beach Blvd ! NW 2nd Ave 7) SB N Congress Ave @ W Boynton Beach Blvd ! NW 2nd Ave 8) SB S Congress Ave @ W Woolbright Rd 9) SB S Federal Hwy @ SE 23rd Ave 10)WB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Ave 11)WB W Woolbright Rd @ S Congress Ave 12)NB S Congress Ave @ W Woolbright Rd 13)SB N Congress Avenue @ E Gateway Blvd Implementation and installation of any approach is subject to video analysis and engineering results. Additional approaches may be selected in addition to first phase implementation and may be selected based on collision history, community safety and engineering feasibility assessments. Vendor can provide City with video evaluation of candidate approach sites using the AXSIS VIMS system to assist City in its recommendations. Camera installations will be based on mutual agreement by City and Vendor. This program may be implemented at additional intersections. The intersections will be designated by the Police Department, which designation will be based upon Police Department Staff review and an engineering analysis. Boynton Beach, FLATS Contract Amendment FIna1-2010.08.19 City of Boynton Beach, FL Page 660 of 717 City Administration and Police Department, and vendor, will periodically review installed equipment at selected approaches. The City may request the relocation of a camera, at Vendor's cost, based upon this review; provided, however, that if the City requests the relocation of a camera fewer than twelve (12) months after the installation of that camera, the City shall bear the cost of such relocation, and if the parties cannot agree on a suitable alternative location the installed equipment may be removed. ... . h , Boynton Beach, FR<_ATS Contract Amendment Final_2010.0$.19 City of Boynton Beach, FL Page 661 of 717 Timeframe for Installation: Photo Red Light Enforcment Program Vendor will have each specified intersection installed and activated in phases in 2ccorclance with an implementation plan to be mutually agreed to by Vendor and City pursuant to Exhibit Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement, Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole cost and expense): 1.1 Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager; 1.2 Request current "as -built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer; 1.3 Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all sensors, pavement loops, electrical connections, and traffic controller connections, as required; 1A Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection(s) (collectively, the "Approvals'), which will include compliance with City permit applications. in the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by-case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and if required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1.6 Seek rights from private property owners, as necessary for the placement of System Equipment at designated intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent _�... Page 12of 4 Boynton Beach. FL_ATS Contract Amendment_Fina1_2010 08.18 City of Boynton Beach, FL Page 662 of 717 rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by-case basis. 1.7 Finalize the acquisition of the Approvals; 1.8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy"); 1.9 Develop the Red Light Infraction Criteria in consultation with the City; consistent with the State Law; .10 Develop the Enforcement Documentation for approval by the City, consistent with the requirements of the State Law, provided, however, that the City shall provided Vendor with a form of Traffic Citation, with the understanding that some modifications may be necessary to enable use with Vendor's systems or to comply with the State Law; 1.11 The City and Vendor acknowledge that, under the State Law, traffic citations will be adjudicated in court and that Vendor may be required to incur costs to develop an interface with the court system. The Vendor shall be responsible for its own development costs for any such interface. The City and Vendor shall address and development costs charged by the court or a third party Vendor on a case by case basis; 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City); 1.13 Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System; 1.15 Implement the use of the Vendor System at each of the Designated Intersections; 1.16 Deliver the Materials to the City; page 13 of 24 Boyrnlon Beach, FLATS Contracl Amendment—Final-201 (). 08.19 City of Boynton Beach, FL Page 663 of 717 17 Within five (5) business days of me alleged observed violation, place the alleged violation within the Violation Queue for review by the City's Traffic infraction Enforcement Officer for a determination of whether a Notice of Violation should be issued; 1.15 Upon approval by the City's Traffic Enforcement Officer, issue Notices of Violation within five (5) business days; 1.19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non -responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law; 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program; 1.21 Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.22 interact with court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court; 1.23 Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the State Law Photo Red Light Enforcement Program; 1.24 Notice of Violation processing, including receipt of payments, and Traffic Citations, 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer, for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras Pa,ge 14 M 24 Boynton Beach, FL—ATS Contract Amendment_Final_ 2010.0$.19 City of Boynton Beach FI. Page 664 of 717 effortsand the activation date. Additionally, Vendor shall coordinate publi* relations R assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera, R1. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City's sole !- 2.1 Appoint the Project Manager; 2.2 Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities; 2.3 Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the PHOTO RED LIGHT ENFORCEMENT PROGRAM; 2.4 Assist and cooperate with Vendor in seeking Approvals, including, but not limited to, executing all such documents as may be necessary or desirable to obtain the Approvals; 2.5 Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the Photo Red Light Enforcement Program; 2.6 Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7 Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy; 2.8 Assist Vendor in developing the Red Light Violation Criteria consistent with the State Law; 2.9 Seek approval of the Enforcement Documentation; 2.10 The City shall, on a form provided by Vendor, provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law; Page 16 of 24 Boynton Beach, FL ATS Contracl Amendmenl_Final_2010.08.19 City of Boynton Beach, FL Page 665 of 717 2.11 If feasible, and only after all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and/or City Ordinances and notify Vendor within five (5) business days of its appearance in the Notice of Violation Review Queue, using AxsisT"' to determine which violations will be issued as Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension. 2.13 Within five (5) business days of its appearance in the Traffic Citation Review Queue, using Axsis rm, for unpaid Notices of Violation, the Traffic Infraction Enforcement Officer shall process the violation and advise Vendor whether to issue a Traffic Citation, or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension. 2.14 City shall provide access to the Internet for the purpose of processing Potential Infractions; 2.15 Vendor shall provide Police Department / Adjudication workstation computer monitors for citation review and approval which provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated; 2.16 For optimal data throughput, Police Department I Adjudication workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (IT) Department on installation and implementation of the computerized aspects of the program; 2.17 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS. 2.1 B In the event that remote access to the ATS Axsis VPS System is blocked by City's network security infrastructure, the City's IT Page 16 of 24 Boynton Beach. R—ATS Contract Amendment—Finai M0.08.19 City of Boynton Beach. FL Page 666 of 717 Department and the counterparts at ATS shall coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of Violation may review the recorded images of the violation. ......... ,.. . Pa,;Ie 17 cd 24 Boynton Beach, FL_AT5 Contract Amendment—Fina)-2010.08 19 City of Boynton Beach, FL Page 667 of 717 18 All repair and maintenance of Photo Red Light Enforcement Program systems and related equipment will be the sole responsibility of Vendor, including but not limited to maintaining the casings of the cameras included in the Vendor System and all other Equipment in reasonably clean and graffiti -Free condition. 2. Vendor shall not open the Traffic Signal Controller Boxes without representative of Palm Beach County Traffic Engineering present, 3.. The provision of all necessary communication, broadband and telephone services to the Designated Intersections will be the sole responsibility of the Vendor. 4, The provision of all necessary electrical services to the Designated intersections will be the sole responsibility of the Vendor. 5. In the event that images of a quality suitable for the Authorized Employee to identify Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide and install such flash units. 6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's Project Manager each day. 7. Vendor shall ensure that all equipment that it provides pursuant to this Agreement meets the specifications, if any, adopted by the Florida Department of Transportation pursuant to Florida Statute, Section 316.0745(6), by July 1, 2011. 8. In the event that a camera is inoperable for any reason for three (3) or more business days, the City shall be entitled to a refund of 1130 of the monthly program fee per day for each day the camera system is inoperable. Page 13 of 24 Boynton Beach, FLATS Contract Amendment_Finai_2010 08.19 City of Boynton Beach, FL Page 668 of 717 1, All Infractions Data shall be stored on the Vendor System. 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. The Vendor shall make the Initial determination that the image meets the requirements of the Ordinance and this Agreement, and is otherwise sufficient to enable the City to meet its burden of demonstrating a violation of the Ordinance. If the Vendor determines that the standards are not met, the image shall not be processed any further. 4, The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser. . Vendor shall provide storage capabilities for the City to store Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6. Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, within five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the penalty or submit an affidavit of non -responsibility that satisfied the requirements of the State Law. 7 The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Notice of Violation shall be issued with respect to each potential violation captured within such Violation Data, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose within five (5) days of the Violation Data being placed by Vendor in the Notice of Violation Review Queue. As to the issuance of Traffic Citations, the City shall cause the Authorized Employee to review the Violations Data and to determine whether a Traffic Citation shall be issued with respect to previously issued Notice of Violation, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose within five (5) days of the Violation Data being placed by Vendor in the Traffic Citation Review Queue. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICES OF VIOLATION AND TRAFFIC CITATIOfNS SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT _.......__...._........._._._......................_._.......�.... _......... _. ��......�.............. . Pag tg of 4 Boynton Beach, FLATS Contract Amendment—Final-2010.08-19 City of Boynton Beach, FL Page 669 of 717 WITH THE STATE LAW (AN "ISSUANCE DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF VIOLATION DECISION. 8. With respect to each Authorized Violation, Vendor shall print and mail Notice of Violation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee. As to issuance of Traffic Citations, Vendor shall print and mail a Traffic Citation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee; . Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. Vendor shall permit the Authorized Employee to generate monthly reports using the Vendor Standard Report System. 11, Upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the City in such format and for such periods as the City may reasonably request, without cost to the City. 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, at no cost to the City. 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Photo Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. Vendor shall prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. Vendor shall also provide to City a form of affidavit for use by owners of motor vehicles who claim an exemption under Florida Statutes §316.0083 and shall make that affidavit available to owners through an internet location or upon telephone or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation, Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. Boynton Beach, FLATS Contract Amsndmenl_Fine1_2010.08.18 City of Boynton Beach, FL Page 670 of 717 15. ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected by Vendor on behalf of the Customer will be deposited in this account and transferred by wire the second business day of each week to the Customer's primary deposit bank. The Customer will identify the account to receive funds wired from U.S. Bank. If desired, Customer will sign a W-9 and blocked account agreement, to be completed by the Customer, to ensure the Customers financial interest in said U.S. Bank account is preserved. aye 21 o ?. Boynton Beach, FL_ATS Contract Amendment_Flna1_2010,08.19 City of Boynton Beach. FL Page 671 of 717 UN- RAM HE Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Red Light Photo Enforcement Program, as offered in the ATS proposal, . Vendor shall be solely responsible for installing such Signage. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other postings required pursuant to any law, rule, or regulation of any Governmental Authority ("Signage"), including, but not limited to, the State Law, the City and County Ordinances, State Statutes, and Florida Department of Transportation (1=DOT) Regulations and shall assist in determining the placement of such Signage. Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall confer on a weekly basis for the initial three (3) months of the Term of this Agreement, and on a monthly basis for the remainder of the Term, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection constructed or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Vendor System, or (iii) any materials or information not intentionally made available by Vendor to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the Red Light Photo Enforcement Program. 6. Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any and all such rules and regulations. Page 22 of 24 Boynton Beach, FLATS Contract Amendment_Fina1_2010.08.19 City of Boynton Beach, FL Page 672 of 717 7 The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and directly by the City, or any of its employees, contractors or agents. In all other instances, such costs shall be solely the Vendor's costs. 8, Vendor acknowledges that it is aware of the retention responsibilities for the records created by the services it provides to the City pursuant to this Agreement, and will maintain the public records of the program consistent with the requirements of Florida's public records law. ._... Boynton Beach, FL—ATS Contract Amendment—Final-2010.08,19 City of Boynton Beach, FL Page 673 of 717 EXHIBIT ROADMAMI 1.0 Description of r Monthly Fees are based on per - are as follows- Fee Lane based pricing (Plus certified mail processing surcharge of $4 per piece metered for mailing Uniform Traffic Citations no return receipt) For 1 or 2 lanes $3,750 For 3 or 4 lanes $4,750 For 5 or 6 lanes $5,750 Service Fees Include: Fee includes all costs required and associated with camera system installation, maintenance and on-going field and back-office operations. Includes red-light camera equipment for the desired lane approach with up to two (2) signal phases, installation, maintenance, violation processing services, DMV records access, mailing of Notice of Violation in color with return envelope, lockbox and epayment processing services, call center support for general program questions and public awareness program support. 2.0 Collection Services (Optional): ATS may initiate collection efforts of delinquent notices upon written request by Customer, provided that such collection efforts are permitted by the County Court and are consistent with law. ATS will be entitled to receive portions of the collected revenue as noted below. The maximum is 30% total for both pre -suit collection and collection via litigation. For those accounts in default that go to collection, this is in addition to our Fees noted above. Pre -suit Collection Letters 10% of Recovered Revenue Delinquent Collections Services (including fling and maintenance of litigation) 30% of Recovered Revenue - Fagg 24 of 2 a_ Boynton Beach, FLATS Contract Amendment_Final_2010 08.19 City of Boynton Beach, FL Page 674 of 717 I RESOLUTION R12-135 2 i 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING EXECUTION BY 'THE INTERIM CITY 6 MANAGER AND CITY CLERK OF A SECOND AMENDMENT 7 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 8 CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC 9 SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT 10 PROGRAM; AND PROVIDING AN EFFECTIVE DATE, 11 12 WHEREAS. in 200th, the C.Ity entered into an Agreement with American Traffic 13 Solutions. Inc. (Al'S) to implement a red light camera enforcement program pursuant to 14 City Ordinance 08-034: and 15 I WHEREAS, on September tO, 2-010 the City and ATS amended the Agreement 16 since the scope of` services and the compensation structure changed as a result of the State 17 I-aw-, and 18 WHEREAS, the City desires to place cameras at five (5) additional approaches 19 which requires an additional amendment to the Agreement: and 20 WHEREAS, the City Commission of the City of'Boyraon Beach, Florida deems it 21 in the best interest of its residents and citizens to approve the Second Amendment to 22 Professional Services Agreement Between the City of Boynton Beach and American 23 'fraffic Solutions for Photo Red Li ht Enforcement Program and authorize the Interim 24 City Manager and City Clerk to execute the document. 25 NOW, THEREFORE, 13F IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYN,rON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon i)ocuniew in Winjows iniemei [:xptorer Page 675 o 717 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 adoption hereof' Section 2. The City Commission of the City of' Boynton Beach, Florida does hereby approve and authorize execution by the Interim Cliy Manager and City Clerk of the Second Amendment to Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions f'or Photo Red fight Enforcement Program, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 18`" day of December, 2012. Cl FY OF BOYNTON BEACK FLOIUDA Mayor — WO 4 or Mack Mc( C� is, net — A] IFS I Jan-OMM. Pra inito, vCleric k Documcw III WIII(JOWS Inte[rICT F."'Ploro Page 676 of 717 This Second Amendment ("Second Amendment") is dated effective this day of 201 _q and is entered into between American Traffic Solutions, Inc. ("ATS"), a corporation duly registerunder the laws of the State of Kansas with its principal place of business at 1330 West Southern Avenue, Tempe, Arizona 85282 and the City of Boynton Beach ("City"), a municipal corporation of the State of Florida. RECITALS WHEREAS, on August ust 3, 2009, the City and ATS entered into a Professional Services Agreement for the City's use of the Axs iST System to enforce traffic violations (the "Agreement"); and WHEREAS, on September 16, 2010, the City and ATS amended the Agreement (the "First Amendment"); and WHEREAS, section 12 of the Agreement requires any amendments, modifications, or alterations of the Agreement to be in writing and duly executed by the parties-, and WHEREAS, the City and ATS mutually desire to amend, modify or alter certain terms and conditions of the Agreement. If MIN JJ: 11 * 0 a NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Second Amendment, the City and ATS do hereby agree as set forth below: 1. The above recitals are true and correct and are incorporated herein, 2. Execution of this Amendment shall serve as a Notice to Proceed for the installation of five (5) new Approaches, as follows: 1, EB E Boynton Beach Blvd/NW 2nd Ave at N Seacrest Blvd 2. SB N Congress Ave at E Gateway Blvd 3. SB NW 8th St at SR 804/W Boynton Beach Blvd 4. EB SIR 804NV Boynton Beach Blvd at NW 8th St 5. EB W Woolbright Rd at SW 8th St/Corporate Cr 3. Pursuant to Paragraph 1.0 of the Agreement, the City and ATS agreed to be bound by the terms and conditions of the February 8, 2008 Agreement between the City of Aventura and ATS. Pursuant to the provisions set forth in Paragraph 2.0 of the Agreement between the City of Aventura and ATS, the Initial Contract Term between the City of Boynton Beach and ATS expires May 14, 2016. This Second Amendment shall not alter, amend, or extend the May 14, 2016 expiration date. 4. Except as expressly amended or modified by the terms of this Second Amendment, all terms of the Agreement as amended by the First Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Second Amendment and the Agreement or the First Amendment, the terms of this Second Amendment shall prevail and control, 5. The provisions of the Agreement, as amended by the First and Second Amendments, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof Page 677 of 717 & This Second Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. 7. Each party represents and warrants that the representative signing this Second Amendment an its behalf has all right and authority to bind and commit that party to the terms and conditions of this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment CITY OF OF BOYNTON BEACH By: or City Mdn-ager ATTE By: AMERICAN TRAFFIC SOLUTIONS, INC. By: Michael Bolton, Chief Operating Officer N n Di3te t- t 2, Date �' / I q /'j Date Page 678 of 717 The Clity of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbf1.us www.boynton-beach.org Ms. Amanda Bastachury American Traffic Solutions, Inc. Tempe, AZ 85282 i_ I a TO M WIN M F. ra ro Ps", I Attached is the agreement and a copy of the Resolution mentioned above. Once, the agreement has been signed, please return the original to the City Clerk's Office for further processing. If you have any questions, please do not hesitate to contact me. Very truly yours, et M. Prainito, MMC City Clerk Us S:\CC\Wig\AFTER CO MIMISSION \Other Tiansmittal Letters After Comxnissiorj\2012\RJ2-135 ATS Second AxneridmerlL.doc America's Gateway to the Gu4jstream Page 679 of 717 1 RESOLUTION R13-074 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY, 4 OF BOYNTON BEACH, FLORIDA, APPROVING A THIRD 5 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN 7 TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT 8 ENFORCEMENT PROGRAM AND AUTHORIZING 9 EXECUTION OF THE THIRD AMENDMENT BY THE CITY 10 MANAGER AND CITY CLERK; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, in 2009. the Cit-, entered into an Agreement with Amen call Tral'! I c 14 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to 15 City Ordinance 08-034, and 16 WHEREAS, on September 16, 2010 and December 18, 2012, the City and ATS 17 amended the Agreement; and 18 WHEREAS, on .lune 18. 2011 the City Commission established the City's local 19 hearing process for Red Ligh(Cainera citations pursuant to Florida House Bill 7125-1 and 20 WHEREAS, the Agreement between the Cit� and ATS requires amendment to 21 incorporate the services that the Clt� will require of ATS to comply with the new 22 legislation; and 23 WHEREAS, the City Commission of the City of"Boynton Beach, Florida deems it 24 in the best interest of its residents and citizens to approve the Third Amendment to 25 Protessional Services Agreement Betwcn the City of Boynton Beach and American 26 Traffic Solutions for Photo Red Light Enforcement Program and authorize the City 27 Manager and City Clerk to execute the document. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH, FLORIDA,'THAT: %all M,3 taa Oh,auto I )at a'] 92 1 eim 1 '4,,252 t 333I,Rvk, I hi!d Amends icill to A i.4 Ked_[,joil Agrnl docs Page 680 o 717 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 1. . Fhe 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. 'fhe City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the City Manager and City Clerk of the Third Amendment to Professional Services Agreement between the City of' Boynton Beach and American Traffic Solutions tor Photo Red Light Friforcement Program, a copy of which is attached hereto as L`xhlblt "A". Section 3. This Resolution will become effective immediately Upon passage. PASSED AND ADOPTED this 6th day of August, 2013). ATTE ST - �Taijt�M.trra--inito, MMC' City' ;Aapps3 c1h, CITY OF BOYNTON BEACH, FLORIDA Ma rr--Yerr)kaylor del"" ice Mayor - Woodrow 1-°'] lay C0­mr':hissA0)jner-- )aw,id T. MerkKeIr Corprrussioner Nlichael M. Fitzpatrick Con nissioner - Joe Casello 82',ftems,,1741,252 I 33341Reso - 1'hird Amv;jdment_[o_AI; Red LighiAgna duc Page 681 of 717 THIRD AMENDMENT TO PROFESSIONAL This Third Amendment (this "Amendment") is dated effective this 1-9 entered into between American Traffic Solutions, Inc ("'ATS"). a Kansas corporada of tion and the City of Boynton and €s ynton Beach ("Customer"), a municipal corporation of the State of Florida RECITALS WHEREAS, on August 3.. 2040, Customer and .ATS entered into a Professional Services Agreement (the "Agreement"), and WHEREAS, the Florida Legislature passed and the Governor of the State of Florida signed into law CS/CS/H67125, authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Fiorida Uniform Traffic Code and taking effect on July 1, 2013, and WHEREAS, Customer and ATS mutually desire to amend certain terms and conditions of the Agreement to align the provision of services by ATS with the provisions and requirements of Laws of Florida 20113-160 TERMS AND CONDITIONS NOW THEREFORE, Customer and ATS hereby agree as set forth below 1 Section 1 21 of Exhibit B of the Agreement is hereby amended to include Notice of Violation hearings authorized by Laws of Florida 2013-160. This section shall read in pertinent part " and technical support documentation for a hearing in traffic court, and before the City's special magistrate, it necessary.,, 2 Exhibit F is hereby amended to add the following "ATS is authorized to charge, collect and retain a convenience fee of up to 5% of the total dollar amount for each electronic payment processed Such convenience fees are pard by the violator ' 3 Exhibit a is hereby amended to add a new Section 16 as follows -Subsequent notices, other than those specified in section 3, may be delivered by First Class mail for additional compensation as set forth in Exhibit F " 4 Exhibit F is hereby amended to add the following " For a one-year period beginning on execution of this amendment, the subsequent notices mailings fee shall be $2 00 per piece This fee amount shall automatically continue for subsequent one year periods unless the parties amend this provision by mutual agreement " 5 Exhibit G is hereby amended to add the following to paragraph 6 "if an affidavit of non -responsibility is received within the time period set by State Law, a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such If a request for a hearing on a Notice of Violation is received, the City shall be provided a copy of such within five (5) calendar days of Vendor's receipt. The City shall not be charged for any additional mailings of Notices of Violations to be sent out upon receipt of affidavits of non -responsibility 6 Exhibit C is hereby amended to revise paragraph 13 to provide that Vendor shall also interact with City personnel regarding the implementation of hearings before the City's Special Magistrate. This shall include the ability to review evidence packets by internet connection during hearings, as well as the ability to print and finalize orders resulting from such hearings 7 Section 2 of Exhibit B is hereby amended to add the following "Customer shall provide, either for itself or through an inter -local agreement with another jurisdiction. a local hearing officer,. clerk, and hearing facilities to schedule and hear disputed Notices of Violation " B Section 1 of Exhibit B is amended to add the following to 1 18 "Vendor shall provide the City with copies of requests for heanngs on Notices of Violation within five (5) calendar days of receipt If an affidavit of non - responsibility is received within the time period set by State Law. a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such :" Page 682 of 717 The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect In the event of a conflict between the terms of this Amendment and the Agreement. the terms of this Amendment shall prevail and control 10 This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument Each party represents and warrants that the representative signing this Amendment can its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment IN WITNESS WHEREOF, the parties hereto have executed this Amendment Boynton Beat Ey-.,._. Title City Manager Date September- 18, 2013 APPROVED AS TO FORM: h 1 ate. T ORNEY l America affic Solutions, I By � /- /. �, Titllr r Date -W1ZA—S-- Page 683 of 717 r- 2 3 4 5 6 7 8 9 10 11 12 A RESOILUT14IN OF THE CITY OF jS4PYNT*N BEACH, FLORIDA, APPROVING A FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM AND AUTHORIZING THE MAYOR AND crry CLERK TO SIGN THE r,'' AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2009, the City entered into an Agreement with American Traffic 13 Solutions. Inc. (ATS) to implement a red light camera enforcement program pursuant to 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i City Ordinance 08-0-'4. and WHEREAS. on September 16. 2010. December 18. 2012, and September 13, 20I , the City and ATS amcnded the Agreement; and WHEREAS, City staffhas revised the Red 1-ight Camera Business Rules to address the opinions expressed by the local judges and hearing officers as well as the opinions expressed in the Arem case, even though the City's program has always been different than thu program described in the Arem case; and WHEREAS. the Amended Professional Strvices Agreement would allow the City to resume its red light camera prograrnand, if challenged, present the modified program to the courts ior review; and WHEREAS. the 01N, C.0111111i,,Sion 01.'111C City 01"Boynton Beach. Florida deems it in the best interest of its residents and Citi/CTIS (0 t111proVe the FOL11-th Amendment to Protcssional Services Agreement Between the City of Boynton 13eaCh and American Traffic Solutions for Photo Red.1-ight FnforcernQnt Program and authorize the Mayor and City Clerk to sign the FOUrth Amendm(:nt- Inlernet Fi[esl('kinlem 11--iYKUI -4X7t -Reii) Fou rih-Amcadment- to �A I S, Ked.) ight_Aptnt.doc 1 NOW, THEREFORE, 13E IT RESOLVED BV THE CI'T'Y COMMISSION OF THE CI'T'Y OF BOYlNTON BEACH, I' LORI IIA, TI_IAT: 3 Stir �, The f'orc oin "Whereas" clauses are hereby ratified and confirmed 4 as being, true and correct and are hereby made a specific part of this ResoltiliOn upon 5 adoption hereof'. 6 Section 2. The City Commission of the City of Boynton Beach, Florida does 7 hereby approve and authorize execution by the Mayor and City Clerk of the Fourth 8 Amendment to Professional Services Agreement between the ('ity of Raynton Beach and 9 American Traffiic Solutions for Photo Red Light Finforccincnt Program, a copy of'which is 10 attached hereto as F:xhihit **A" 1tt trf This Resolution will become effcclive immediately upon passage. 00 13 REMAINDER OF PAGE INTENTIONALLY Y l.,P.Yr BLANK E I_;serslpgtcj Ap�rUaras.Lxiaa!`•M9i�ro cxft�t� inch ,i"C�mp�rxry Internet l-ilesiC'nntent.lF ,Kldk,4Y7ENIRcstF_ b urth_..,lmendmcnt_to AFS Rcd,,E_ig.N Acnmdoc Page 685 of 717 PASSED AND ADOPTED this dav of,&,,�, 2015. CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 N/ 7 8 V 9 10 C 11 12 13 14 15 16 17 18 ATTEST 19 20 21 4 Jo, I P 7,12 7,ll 1'( Tily Clerk 24 n r- ayor Jerry Taylor ice Mayor - Joe Casella ornmissioner - David T. Merker Commissioner Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO 0 W 102 :11 h*0jJA2VMq I Oft I W14 �WJMWMIMIN This Fourth Amendment (this "Amendment") is dated effect4ve this day oi` AG--, 2015 and is entered into between American Traffic Solutions, Inc. ("ATS" or '-Vendor'), a corporation duly registered under the laws of the State of Kansas with its principal place of business a! 1330 West Southern Avenue. TemiNe Arizona 85282 and the C tp of Boonton Beach ElQrida 1,,"CjtkrA" or "Customer"), a municipal corporation of the State of Florida (each individually a "Party" and collectively the "Parties"). WHEREAS, on August 3, 2UU9, rne Gity ana AI 8 entered into a Professional Services Agreement, which was subsequently amended on or about September 16, 2010 (First Amendment), on or about January 17, 2013 (Second Amendment) and on or about September 13, 2013 (Third Amendment), which together constitute the "Agreement" referred to herein; and 41 0 4 of MAN WHEREAS, the second review described in this Amendment is consistent with the course of dealing of the Parties since the inception of the Agreement, in that the City's Traffic Infraction Enforcement Officers have always conducted a second review prior to issuing a Uniform Traffic Citation; and w, 4/ WHEREAS, on A)m tA 7 2015, the City implemented certain revised processes for its red light camera program. TERMS AND CONDITIONS 1, The amendment of Definitions - Section 1.1 as stated in Amendment -NG. hereby replaced with the following: " "Authorized Employee" means a sworn law enforcement officer ('LEO'); Traffic Infraction Enforcement Officer ("TIEO"), or any other City employee who performs duties related to the City's red light camera program, including but not limited to the duties and qualifications set forth in Florida Statutes, Title XXIII, Motor Vehicles, as may be amended from time to time. Throughout the entire Agreement between the City and ATS and all amendments thereto, any and all references to "Authorized Employee"Traffic Infraction Enforcement Officer" "TIEO", "officer", or "LEO" shall be interchangeable. The amendment of Section 1.20 as stated in Amendment No 1 to the Agreement is hereby replaced with the following, "Recorded Images" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be made available to the Authorized Employee within the Vendor System to review for the purpose of determining if probalote cause exists that a violation or infraction occurred." 687 of 71 3. Exhibit B and Exhibit D of Amendment No. 1 to the Agreement are hereby deleted and replaced in their entirety by the new Exhibit B and Exhibit 0 that are attached to this Fourth Amendment of the Agreement between the parties. 4. ATS shall issue the City a three-month credit (the "Credit"'), which will be applied by ATS agreeing to waive the outstanding unpaid invoice for June 2015 and a credit for the amounts to be invoiced for the billing periods of July and August 2015. For the avoidance of doubt, for purposes of the Flexible Payment Plan provided for in Section 6 of the Agreement as stated in Section 14 of Amendment No. 1, the Credit shall not be treated as though the City paid the amounts due to ATS for the billing periods of June.. July, and August, but rather the invoices for the months of June, July and August will not be included in any calculation related to the Flexible Payment Plan. Any funds received by the City during the months of June, July, and August shall be treated as "additional funds" retained by the City for purposes of the Flexible Payment Plan. . Effective as of August 1, 2015 and for the remaining term of the Agreement between the City and ATS, the monthly per -camera fee shall be $4,250.00 per camera for any and all cameras or approaches which are a part of the City's red light camera program. 6. The City agrees to exercise its right under the Agreement to extend the term of the Agreement for another five (5) years, with one five (5) year renewal term remaining. The current term will now expire on May 14, 2021, Section 2 0 of the Agreement is amended t>y adding the following: "The City may at its option, terminate this Agreement with no penalties for any reason on December 31. 2016, by providing written notice of its intent to terminate the Agreement to ATS on or before October 3, 2016." 7 The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof, Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full farce and effect. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. 8. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. i Page 6.88 of, 71_ CITY OF BOYNTON BEACM, FLORIDA By: e6 yor Date AP AS T RM: ATTEST - PROVED dt1,1ZWS4 i , ty Attorne Date C4 Clerk be!!!y t7.:,nONS, INC. 1 0 1 � bid 5r President Date (0=9814.1 306-0906MO ) Page 3 of 10 EXHIBIT B Construction and Installation bllctations Vendor will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Vendor and City pursuant to Exhibit A. Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement, 1. Vendor Obligations Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole cost and expense): 1.1 Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager. 1,2 Request current "as -built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer, 11.3 Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all sensors, pavement loops, electrical connections, and traffic controller connections, as required. 1.4 Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection(s) (collectively, the "Approvals"). which will inc,ude compliance with City permit applications. In the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case - .by case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and it required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1,6 Seek rights from private property owners, as necessary for the placement of System Equipment at designated Intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by- case basis 1,7 Vendor shall apply and become a Florida Department of Highway Safety and Motor Vehicles (DHSMV) approved E -Citation Vendor. 1 8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy"). 1.9 [Deleted] I 1 1 liR, ORIUUK�,� 1 1 10 Implement the uity's business ruieS as reelected in the City's Red Light Camera Business Rules Questionnaire, as such may be amended from time to time, and Enforcement Documentation consistent with the requirements of the State Law; provided, however, the City shall provide the Vendor a form of Notice of Violation and Uniform Traffic Citation with the understanding that some modifications may be necessary to enable use with Vendor System or to comply with the State Law The City's business rules are incorporated into this Agreement as if fully set forth herein. The City's business rules may be amended from time to time as authorized by the City Manager or the City Manager's designee, Such amendments to the City's business rules shall not require an amendment to this agreement and shall rot require City Commission Approval. With the exception of amendments required to comply with judicial decisions or changes in law, if an amendment requested by the City to the City's business rules increases any cost to the Vendor the Vendor shall provide the City with an estimate of the additional costs and the City shall be responsible for such costs if approved by the City to proceed with the amendment to the City's business rules. If an amendment is required to comply with a judicial decision or a change in law and said amendment increases any cost to the City of the Vendor, the Vendor and City shall negotiate a reasonable allocation of the costs. 1.11 The Vendor System shall facilitate the Authorized Employee's providing by electronic transmission a replica of the Uniform Traffic Citation data to the Broward County Court. The Vendor shall be responsible for its own development costs. The City and Vendor shall address any development costs charged by the City, the court or a third party Vendor on a case by case basis 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City), 1 13 Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal Paws and regulations. 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System, 1,15 Implement the use of the Vendor System at each of the Designated Intersections. 1.16 Deliver the Materials to the City. 1,17 Within five (5) business days after the Recorded Image is collected by the traffic infraction detector, the Vendor System shall make all Recorded Images accessible for review by the City's Authorized Employee, 1.18 Upon a finding by the City's Authorized Employee that probabie cause exists that a violation occurred, the Authorized Employee may issue a Notice of Violation. Once the Authorized Employee has issued the Notice of Violation, the Vendor shall perform the ministerial task of printing and mailing the Notice of Violation that has been issued by the Authorized Employee. 1 19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non -responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law. Upon a finding by the City's Authorized Employee that probable cause exists that a violation occurred, the Authorized Employee may issue a Uniform Traffic Citation, Once the Authorized Employee has issued the Uniform Traffic Citatfon, the Vendor shall perform the ministerial task of Page 691 of 717 printing and mailing the Uniform Traffic Citation that has been issued by the Authorized Employee. 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program. 1.21 Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation 1.22 Assist the City with its interactions with the court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court. 1.23 Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the State Law Photo Red Light Enforcement program. 124 Vendor agrees to provide a secure website (www. violation into. co m) accessible to Owners who have received Notices of Violation by means of a Notice # and PIN, which will allow Violation image and video viewing. As part of the secure website, ATS will provide a Frequently Asked Questions (F.A.Q.) page. Vendor will provide this secure website on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen circumstances arising out of causes beyond the reasonable cvntroi of ATS (e.g. acts of God, acts of a public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather etc.). 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer; for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras and the activation date. Additionally, Vendor shall coordinate public relations efforts with the City, including assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera. 2 CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City's sole expense): 2.1 Appoint the Project Manager. 2.2 Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities. 2.3 Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the PHOTO RED LIGHT ENFORCEMENT PROGRAM. 2.4 Assist and cooperate with Vendor in seeking Approvals, including, but not limited to, executing all such documents as may be necessary or desirable to obtain the Approvals. 2.5 Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the Photo Red Light Enforcement Program. 2.6 Provide reasonable access to the personnel of the City anti reasonable information about the specific operational requirements of such personnel for the purposes of performing training. 2.7 Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy. 2.8 Develop the Red Light Violation Criteria consistent with the State Law. 2.9 Seek approva; of the Enforcement Documentation. 2.10 The City shall provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2,11 If feasible, and only atter all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and/or City Ordinances within five (5) business days of its appearance in the Notice of Violation Review Queue, and determine which violations will be issued as Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages. or other circumstances beyond the City's control. 2.13. Within five (5) business days of its appearance in the Traffic Citation Review Queue, for unpaid Notices of Violation the Traffic Infraction Enforcement Officer shall process the violation and determine whether to issue a Traffic Citation, or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control. 2,14 City shall provide its own Internet connection to operate the Vendor System to allow for the Authorized Employee to review and process Recorded Images, issue Notices of Violation and issue Uniform Traffic Citations, and provide copies of the Uniform Traffic Citations to the court. 2.15 Vendor shall provide Police Department I Adjudication workstation computer monitors for citation review and approval which provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated. 2.16 For optimal data throughput, Police Department / Adjudication workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (JT) Department on installation and implementation of the computerized aspects of the program. 2,17 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS and approved by the City. 2.18 In the event that remote access to the ATS Axsjs VPS System is blocked by City's network security infrastructure, the City's 'T Department and the counterparts at ATS shall Page 693 of 71 coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of Violation may review the recorded images of the violation. HMURV) I a.! M)q,,N9ot,)!I0 Page 694 of 717 Infraction ftoct2lilng 1. All Infractions Data shall be stored on the Vendor System, 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. Vendor shall act as Customer's agent for the limited purpose of collecting Recorded Images for the Authorized Employee to review and for the City's Traffic Infraction Enforcement Officer to determine if probable cause exists that 2 Violation has occurred. Vendor shall provide the Customer with access to any and all Recorded Images captured by the Camera System and automatically uploaded into the Vendor System. Notwithstanding any other provision in the Agreement, Vendor shall not have any authority or discretion to select which Recorded Images are accessed and reviewed by the Authorized Employee. All work Vendor performs in this regard shall be at the express direction and control of the Customer. 4• The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser. 5. Vendor shall provide storage capabilities for the City to store Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6 Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, w4hin five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the, penalty or submit an affidavit of non - responsibility that satisfied the requirements of the State Law. 7 The Authorized Employee shall use the Vendor System to review the Recorded images to determine if probable cause exists that a violation occurred and for the Authorized Employee to determine whether a Notice of Violation shall be issued and the Authorized Employee shall make such determination within five (5) days of the Recorded images being made available in the Police Review Queue of the Vendor System. As to the issuance of the Uniform Traffic Citation by the City's Authorized Employee, the Authorized Employee shall review the Recorded Images a second time within five (5) days of the Recorded Images being made available in the Vendor System after the expiration of the statutory time period allowed for the alleged violator to have responded to the issued Notice of Violation. If the Authorized Employee issues a Uniform Traffic Citation, within two (2) days after the issue date on the Uniform Traffic Citation, the Vendor System shall make available on the designated City FTP site a replica of the UTC and related metadata for review by the Authorized Employee and for the electronic transmission of the replica UTC by the Authorized Employee to the court having jurisdiction over the alleged violation VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT A DECISION TO ISSUE A NOTICE OF VIOLATION AND/OR A UNIFORM TRAFFIC CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE CITY'S AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT WITH STATE LAW (AN `ISSUANCE DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE ANY DETERMINATIONS RELATED TO AN ISSUANCE DECISION. I With respect to each Issuance Decision where the Authorized Employee found that probable cause existed that a violation occurred, the City's Authorized Employee shall use the Vendor System to cause the Vendor to perform the ministerial task of printing and mailing the Notice of Page 695 of 717 Violation or Uniform Traffic Citation, and Vendor shall print and mail such Notice of Violation or Uniform Traffic Citation within five (5) days after the issuance Decision is made by the City's Authorized Employee. . Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. The Vendor shall permit the City's Authorized Employees to use the Vendor Standard Report System to download and print reports to allow the City to have oversight and continuous or periodic review of all actions taken within the Vendor System related to the Recorded Images uploaded into the Vendor System from the traffic infraction detector. 11. upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the Cq in such format and for such periods as the City may reasonably request, without cost to the City. 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, at no cost to the City. 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Photo Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. Vendor shall prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. Vendor shall also provide to City a form of affidavit for use by owners of motor vehicles who claim an exemption under Florida Statutes §316.0083 and shall make that affidavit available to owners through an internet location or upon telephone or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation. Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. 15. Vendor is authorized as the City's agent to receive funds paid by red light camera violators. To facilitate this agency, ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for the City of Boynton Beach" at U.S. Bank. All funds received by Vendor on behalf of the City will be deposited in this account and transferred by wire the second business day of each week to the City's primary deposit bank. The City will identify the account to collect funds wired from U.S. Bank. If desired, City will sign a W-9 and account agreement, to be completed by the City, to ensure the City's financial interest in said U.S, Bank account is preserved. --1111_1 ._............... .Page 6962of_Z.17 1 � RESOLUTION RI -5-)26 2 3 A RES011.t"11ON OF THE Ull`rOF BC)Y.^+r`1°(N l3'F:A0'1-L 4 FLORIDA, APPItC)`ANC' A 1.1:"r" 1 ! rz OF l NI)F.RS T'>tNJ)ING, O 5 C"t)RRk'C""1' A SC'It1VENEICS F:RROR C"()``rT:WNk"D ON PAGE (3 TNNO OF U.X111BUI 11 To ME iativill AMF:;"vll)ME:NT 11) 7 11ROF"ESSU )NAL SERVICES A(aREF:MF:TU BUYJ VEIA 'mF; 8 (TUN, OF WANTON BVA( FI AND MF RIC AN 'r"1tAF'F'I'C.' S(3t.L''1'IONS AND Al-11401€rllNt ME VIAIOR TO SIGN fill: 10 LEITER OF UNDERSTANINNG; AND PROTIDING AAN 0 EFFE(`"TlVE IJAIL 12 13 'F�IiJiRFAS, ori � ugust 17. 2015_ iho ("ito JPPF0v�ed the I-OLrr111 14 Amendment R) 1'wksdomd :Sen Wes Agwernun hel"cen the Uit\ ill, Bo.v Mon Heach and 15 Aincticun 101 c Solutions.. Ing. (ATS, and 1J Vrl-1FItEAS� 1 41ri1? t 13, (`omtrm:trmi and Inst,tll,itiun Obligations, �Nhich 17 AttAchecl to the Iutn-th Anlctidmtnt to Vrol .scional Ser%jus Agncmon "Ah AIN, 18 conwinctl a seri%cntr`s cntor on py t"o and incorret:tl� rel'crred to I3rkmard ('ount\ 19 nrthm than Palm Beach ('utlm. wid 2J Vk 11FRLAS� th,, prrrtics ha%e .jojndl ;t: IrCcd, pursriJnt n0 the 1 ul 21 i ndustmAirig ths_tt dw w wd page ;%hich cc>mari s tl1c° inforn'iation -should be made 22 a Pan Ld the fourth Ankikknent 4) Pmle',-li anal 'S r% And 23 VINIF;RF;AS_ Me ('its ("cinunissiun olQ tin clfl3cnwon Barri, l'loritlstdccrns it 24 in the bcst ifltmem of is rest<em; and Mew 10 apprcice the l,cuvr of 1. 'iI&I-stirndin", to 25 ct mul A sc hviria's erre on page I"o cel Lxhibit l.3 to the kW1.111 ArnenL1111et1t to 25 Prufassiunal Scr'e ictus Agrccincia IM"um the ('it\ til Bu won Beat°Ir and .lmcricsan 27 1 ratlic SLAIJI-10ns and to authorme aw Adqur to sign die Wer of 1'ndwswriding. 28 Nt.)''w"+ THEREFORE, BE r'1' RESOLVED UV C"1`TN, C'()m." isslo's 29 of TIIF: ("I"T`aAW ROA �7Oh� 13F:.A("rl, F'I.fM11)A. 111.- Y 30 Section 1 l he lore, -un fp,, -'l\ hcr�a��s" tlawas Are llumb.; rwilkd And coikkined 4 f,1 `€: ,.I.,1,.,iIi i .;iii ,,, l I:,Ici,G.) I,lni� Jfii_i AsFf,Ir Ji )2,n1 " 1 I S R [ I �'hi ;A gni kt , J,_, 31 .1s he n,—, u"u ;Ing) �;r. rret :( kaki ',11V hVI- b) HKI& �1 alp<°iii p"fl't X71 11115 RCSOILItioll a.lpon 32 IdL11)11011 ih:1 1d 33 ` vv:tlon 21. I 11 ° t 11v SII HU%Itt1t11 I I�P'kj:I dLA,:ti 34 tt, gill thy° l.�°tt'��! Ali l 11�!r1�111_iill�<� tv ��,tt"tiw,`t 'tltc° 35 sort ci-w" z l°Iroi cC3nutIncd on 17�11?L' t>A-(t o I..vh1iiat I3 tt7 tI7� I'OUNI-) !\117�1)d117Ct71 10 36 S:Y11t;eAIII-Ce ltiMt [t'fV ek:11 the CM of Bonton Beach and Amer" "1117 37 F 1111,111: SoIUtiolis, 1 4UI7\ o f tIi� I.C'tw r t1I t_; 11dC7staiid] I3g, and L.11lrected Iia t: L\No 01 FX111bII 38 B 'L11V iltt i lhCd h l- til. 39 Section 3. I'll IS RCSOIUtiun N� ill hL,,':oi1 e cI'1cc c Iniiii��dI ltt'I UPOII I7�1,,,°G1 40 PASSED AND ADOPTED dilis aj) Lhl� Of 20 1 5. 43 44 or JI r-� I ;1. Iw- 45 43 4 -� 48 Id I. \k:1-11CJ +� 49 50 Mlwk WC. ni\ 51 52 C'o1rIr isiioll lr 1IiwII1L°) 1M. I'itzpatri-k ' 53 54 55 V(.) 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',11OUld )OU �011Lll \v 1111 OK: LOM:tAW11 01 11h: jdausu Ackno"Wdy mich hly oprimp hdo" is hiWaled (T( 1, I L I YND M (hill AM K I I A / ' . -- - - );n 1 /-0 \1 'Ind M I;._'IZj(,S; , 11p In VVyj y p() ry I I E ,I' pSirr I EAI IN 1 10 IMplernent the C—ity s Gusjness rjles as reflected in the City s Red Light Camera BUSineSS Rules Cluestionnaire as suc,i n')ay be arrencied from time to time and Enforcement Documentation consistent w!th the reg uiie,vents of !tie- State Law proviced, however, the City shall pfcivde the Vendor a form of Notice of Violation and Uniform Traffic Citation with the understanding that sorne rrioclificatiori��, may be necessary to enable use with Vendor System or to comply with the State Law The City's business rules are incorporated Into this Agreement as if fully set 4ortn herewi The City's b,ismess rules may :De annencled from time to time as authorized by the 'Dty Mar,,age, o, the, City Managers designee, Such drnendf-ients to the City's business rules ShaH 1-10[ ieqUlfe an dMelllollleilt to this agreement and shall f,.ot require City Commission Approval With the excepton of aniericiments recuir-d tij compiy with judicial decisions or (changes in law, if an amendment requested av the City to the City's busif-ess rules increases any cost to the Vendor the Vendor shail provide the City with ar, estimate of the additional cosis and the City shall be responsible for such costs if aopiiovea by the City Ic proceed with trie amendment to the City's business iules If an afnenci7-ienl is required to comply with a judicial decision or a change in law and said amendment increases any cost to the City err the Vendor, the Vencor and City shall negotiate a reasonable allocation of the costs 1 11 i he Venior System shall lacilitate tr!e Authorized ErT-iployeie s providing Oy electronic transmission a replica of to Lnift)ifn -1 faffic- Ciialroil data to the Palm Beach County Court The Vendor shall be responsible for its own development costs The City and Vendor shall address any development costs charged by the City the co,jrt or a th:rd party Vendror on a case by case basis 1 12 Complete the instafation and testing of all necessary Equipment including hardware and software, at the Designated Intersections )under the superoision of the City) 1 13 Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersections including but not limited to the installation of all related Lqu,pment ann other detection sensors poles cabling telecorni'nUT'lications equipf-rient and Wiring vvricri work snail be peiformeci ire conipliance with a]! applicable local state and federal laws and feguiatiorls 1 1a Install af'Cl TeSt the functionality cf the Designated lrilersechons wit',, the Vendor SvEtery) and establish `ullj opeiatiJmai Violailul, processifia capability vvitli T(� VHfic,,of Sy5reili 1 15 rnpreme--it the use of rtie Vendor Systern at eacli of me DeSiljiiiated Intersections 1 16 De,ivei the Matt7iidl,, tri the City. 1 17 VVithir five i5i bl.-SWesS days after the Recoideci Image is collected by the traffic ir&action detector the Vefiduf System shall Irriake a I Recorded Images accessible for review cy the City 5 Authofi/ea F mpioyee 1 18 Upon a findifiq by tl,t Citr s Aott-ioiized Employee tl-ia! pfobalDie cause exists that a violation occurred the Autihonzei L-f-npioyee may ssue a Nctice iol' V olation Onr-,-e the Authorized Employee has issued trio Notice of Violation Itie Vendci snail perform the ministerial task of printing and mailing the Notice of Viciation that has been issued by the AkAnoiizeo Enripioyee 1 19 It the (Civil Penalty is ur,paic of tle iecipieni of the Notice of 'Violations does riot file an affidavit of non-responsirAity that does not meet the reqU rerinents of the State 1-aw within the time set forth in the State Law then withir. five (5) business days after the expiration of time, place ,he unpaid Notice of Violation into the Traffic Citation Queue, for review by We. City's Traffic Enforcement Officer to authorize the issuance of a Ifaffic Citation pursuant to the State Law Upon a finding by the City Authorized Employee that, probable cause exists that a violation cbccurreu lhe Aulif,oflzed 'Employee rnay issue a Uniforn Traffic Citation Once the Authorized SNEER =�� •� MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 He suggested that the City entertain putting the issue on the ballot in the next election to ascertain the public opinion. If the public has an interest, then direction can be given to get the reports to compare. If the vote is against obtaining the information the issue would be dropped. If a new police station is required, the only funding source would be a higher millage rate or a bond issue. (Commissioner Fitzpatrick left the dais.) Commissioner Merker questioned how the statement was made we had the best public safety departments, yet suggest outsourcing the functions. The remarks appeared to be political according to Commissioner Merker. The police reorganization illustrated true team work. What the citizens of Boynton Beach want has to be the primary force. The citizens want security and safety. Vice Mayor Casello clarified he was not running for political office. The issue is affordability. Mayor Taylor was not in favor of outsourcing police and fire. They do a great job. He understood future affordability is a concern. Vice Mayor Casello suggested a survey distributed in the utility bills may be sufficient. Mayor Taylor favored a survey. Commissioner Merker felt it was a contradiction. 13. LEGAL A. PROPOSED RESOLUTION NO. R15-087 -Approve a Fourth Amendment to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., ("ATS") for the Red Light Traffic Enforcement system. Harvey Oyer, representing American Traffic Solutions as a lobbyist, reviewed the Red Light Program. This week, ironically, marks the National Stop on Red Week, sponsored by the Federal Highway Administration. There is a top ten list of why stopping on red is critical. Most of us know or knew someone who has been killed or maimed by a red light runner. The dollar cost to Americans exceeds $200B a year, an extraordinary cost to society that is avoidable. The City of Boynton Beach is now four and a half years into a five year contract with ATS, commencing in May of 2011 as a pioneer with a red light camera program. It was enacted by the City, before the State Legislature made it a uniform traffic citation violation. There are 15 cameras installed at seven intersections. During that time, to March, 2015 there was a 38% decrease per day, per camera in red light running. It is comparable to the national and state averages of other red light camera programs. The majority of violators are not Boynton Beach residents. There is a very low recidivism rate. The lights and cameras were designed to modify behavior and have been effective. The cameras also provide 24 hour -a -day surveillance to the Police 17 Page 701 of 717 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Department to solve other crimes. The videos have been requested and used 230 times. Other communities pay hundreds of thousands of dollars a year to set up surveillance in areas for crime prevention and resolution. The City of Boynton Beach receives the coverage for free because the video belongs to the City. State-wide statistics show there are 80 jurisdictions that have red light cameras. Fatal crashes at intersections with cameras have been reduced 49%. The estimated number of lives saved per year is 18. In Palm Beach County the data compiled by Palm Beach County Traffic Engineering revealed, while accidents decreased 28% at camera intersection, it was increasing 15% at non -camera intersections. It is a differential of 43%. The majority of people receive one ticket and it modified their behavior. Those who got a second ticket are a small percentage and fewer than 2% are the individuals with three or more violations. Red light cameras truly do modify driver behavior. Sideswipe crashes decreased in other jurisdictions with very similar results throughout the State of Florida. A large share of the money collected goes to the State. It began as a local Code Enforcement violation and the enacting ordinance made it enforceable against everyone in the State. Many major roadways are State roads and the ordinance allows cameras to be placed in their State road right-of-way. The City receives a portion of the money and $3 from each ticket goes to the Miami Project to Cure Paralysis. There is a direct relationship been paralysis and red light running. The local trauma centers receive $10 from each ticket. The public quickly realizes the red light cameras are not being monitored and running red lights become a problem. The City cameras have recorded a 30% increase in red light violations since tickets were no longer issued. In the four and a half years since the cameras were installed there has been a 38% reduction in red light running. All of the 52 cities in the survey experienced a change in driver behavior, greater public awareness, reduction in recidivism, reduction in crash severity and reduction in number of crashes and pedestrian safety. A large percentage of those injured at intersections are pedestrians and bicyclists. The cameras are endorsed by the Florida League of Cities, the Florida Police Chiefs' Association and many other agencies including the U.S. Conference of Mayors and U.S. Department of Transportation. In spite of the challenges, 70% of the Floridians and Americans support red light camera programs. The red light cameras take all the subjectivity out of the process. It is completely objective, color blind and with no discretion or bias. Mr. Oyer indicated he had asked Melissa Wandall to be present because her husband was killed by a red light runner and was the impetus for the The Mark Wandall Traffic 18 Page 702 of 717 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Safety Act. She is the national spokesperson for Stop On Red and she sent her encouragement that the program continue that was pioneered by the City of Boynton Beach and received unanimous approval by the Commission. Mark Buoniconti was present and had been paralyzed by a tackle in a football game. He now moves people to understand the tragedy of paralysis and to join him in finding its cure. He is the Founder and President of the Miami Project to Cure Paralysis and other organizations fighting for a solution to assist with paralysis and change the way the world thinks about paralysis. The $3 per ticket revenue is making a huge difference at the Miami Project to Cure Paralysis. The Foundation is now working on clinical trials in humans with cellular transplants. The trauma centers that receive funding are seeing a reduction in injuries related to car crashes and red light running. The funds are not only helping to cure paralysis, but also saving lives of those who run red lights and are victims of accidents. It is an extremely important issue. The $158 fine is for running a red light, one of the most egregious offenses of driving. The City has a unique position to impact lives by doing the right thing and making the community a safer place. Mr. Buoniconti implored the Commission to pass the issue and let the red light cameras continued. Mayor Taylor indicated he had followed Mr. Buoniconti since his accident and admired his work and courage to try to cure paralysis. Mr. Harvey asked the Commission to approve option four that resolves all issues and gets the program operational again. Attorney Bridgeman detailed the four options available. The first option would be to do nothing and keep the cameras off and issue no citations. The City would still have an obligation to follow the contract and pay about $800,000 until the contract ends in May, 2016 without any services in return. The second option would be to terminate the contract with ATS immediately. The City does have an obligation to make its best efforts to conclude the contract and pay the month amount as agreed. If the contract is terminated by the City, ATS would likely file a legal challenge to the City's decision and the monthly payments would be discontinued. However, legal fees would be assessed and if the City is determined to have breached the contract, the $800,000 would be due. The third option would involve amending the ATS contract solely to modify the program to turn the cameras back on and follow all of the opinions that have been handed down in the Courts. The contract would naturally end in May of 2016. A decision would have to be made whether or not to renew the contract for an additional five year term. The fiscal impact would be payment of $800,000 and $4,750 per camera, per month and no credits would be applied. 19 Page 703 of 717 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Option four is recommended by City staff and requested to be approved by ATS by amending the contract to modify the City's program, provide financial credits to the City for the past three months and renew the contract for an additional five year term. If by October 3, 2016 the Commission decides to discontinue the program, a letter can be issued to ATS to terminate the contract for any reason. This would add seven months to the contract to allow the program to move through the Courts. Instead of the $4,750 fee per camera, per month, there would be a $500 reduction per camera, per month from August 1, 2015 through May 2021 and get the three month credit from ATS. It would make the City financially whole in that respect. Attorney Cherof reminded the Commission, the reason for the fourth amendment is because once ATS was notified the City felt the contract could not continue, the same contract provided an opportunity for ATS to cure the defects in the program. This addendum is ATS's best effort to remedy the issues raised in the Court proceedings and cure the problems identified. It is important to note the Court actions are not final and subject to appeal. There have been conflicting Court opinions. Mr. Oyer related ATS was in complete agreement with Attorney Cherof. Only one of five District Courts has ruled the cameras are not legal based on the case in Hollywood, Florida. The Hollywood contract is different than the Boynton Beach contract. It has been agreed that any contract language be amended that may be perceived as not being in compliance with the decision on the Hollywood case. Most of the disputes revolve around who makes the final decision on the issuance of a ticket. The Boynton Beach Police Department has always made the final determination. Mayor Taylor opened the issue for public comment. Ramona Young, 9966 Boynton Gardens Way, had received a ticket that she paid, but contended there was a gap in the timing when two vehicles go through an intersection that only the second vehicle is photographed. She was angry about the violation. She abides by the law and thought the cameras were a big "rip off". There should be another option pursued and the matter carefully reviewed. Mayor Taylor explained Ms. Young could have gone to the magistrate hearing with the explanation. Ms. Young asserted she did not have the time or the energy or patience to pursue a hearing and argument. She argued the red light cameras were being questioned and the Commission should reconsider their use in the City of Boynton Beach. Steve Anton, 234 SE 2nd Avenue, opined the Commission was purchasing a system that would observe the citizens and further intrude into individual lives everywhere. The Constitution declared this would not occur and yet it is allowed to creep into everyone's lives. Mr. Anton referred to it as "prostitution of the Constitution". An individual cannot question the camera or the technology. It is a deeper problem than realized. It is not just the money involved. 20 Page 704 of 717 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Robert Pollock, 210 NE 22nd Avenue, questioned the distribution of the money collected from the fine. He would not argue if the money was spent to beautify the City or put back in for redevelopment. Mayor Taylor explained there were expenses and personnel cost to administer the program. There are months when not enough money is collected to pay the monthly fee to ATS for the cameras. The new agreement would allow the payments to smooth out month to month for a more consistent expense. The intent is to save lives and injury. Any monies that are not used to cover the cost of the program, is deposited in the General Fund to be used for the community. Bro. Victor Norfus, 261 N. Palm Drive, offered the cost was prohibitive with the only cure being to issue more tickets. He inquired how many actual accidents have been captured that would support lives saved. Bro. Norfus did not like the idea of electronic surveillance replacing police. He had just been in an auto crash at a stop sign in West Palm Beach. Unless the cameras can quantify lives saved, the assertion cannot be made. The totality of the program has to be considered. More police surveillance is needed at the intersections rather than cameras. The issue is not electronic surveillance ticketing innocent people and saving lives if the data cannot be quantified. He questioned how many accidents had been recorded to provide the data to support the program. Mayor Taylor recalled there was a 38% decrease in red light violations. Commissioner Merker had received a ticket and paid the fine because he was guilty of the violation. The key is psychological and the resulting behavior changes. Safety rather than dollars should be the primary concern. Technology only improves over time and is now saving more and more lives. Commissioner Merker would vote in favor of continuing the program to help the masses, not individually. The additional surveillance can only enhance the safety of all citizens. Vice Mayor Casello inquired what the City paid monthly to ATS and Attorney Bridgeman replied it was $74,000 for the service provided. There is a distinction between the monthly fee paid and how the fines are distributed. Tim Howard, Director of Finance, reported of the $158 fine, $83 goes to the State, $75 goes to the City. ATS receives nothing from the fines paid. Vice Mayor Casello asked how many municipalities had installed the red light cameras and it was estimated eight or nine. All of the contracts have expired and they decided to wait and see what happens with other municipalities. Attorney Bridgeman emphasized the cameras have never been ruled illegal. There is an appeal pending relating to the decision that resulted in the cameras being turned off. Other jurisdictions in Florida have won appeals with the old program. The proposed changes would further enhance the likelihood of success in the Courts. Vice Mayor Casello inquired if there was language in the contract allowing the City to terminate the contract if insufficient revenue was being generated. Ms. Bridgeman explained it is a cost neutrality provision that is settled at the end of the contract. 21 Page 705 of 717 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 It was argued there was no reason for anyone to pay a ticket if the cameras were turned on, pending the final Court decision and based on all the tickets that have been thrown out. In response, the program has been modified to address the concerns of the Court. There are options available if a ticket is issued. The modified program cannot be tested unless tickets are once again issued. Vice Mayor Casello asserted the tickets have been tested in Court and thrown out. Now the new program should be instituted and appeals taken to test its validity. Another judge could do the same as before and throw the new tickets out the window. He asked if there was a class action suit by the people who paid the original tickets issued. There would be a possibility that the City would have to return the monies collected previously. Commissioner Fitzpatrick recalled the videos he had seen were very scary. The pictures sent with the notice of violation do not clearly represent the violation. There is essentially no question of a violation. Commissioner Fitzpatrick did not feel there was an expectation of privacy at a public intersection. More police are needed, but the cost factor has to be considered. Having eyes on the intersection is the most cost effective solution. Commissioner McCray asked Chief Katz how many intersection accidents have occurred while the cameras were turned off. Chief Katz responded there was a 23.4% increase of crashes in intersections. There have been no fatalities. Commissioner McCray respected the courage of Mr. Buoniconti, but noted paralysis comes from various acts and situations. He applauded the individuals who came forward to speak and the cities that discontinued the contracts with ATS. He could only vote to continue the current contract through May 2016 and then it should be terminated. In his opinion it was a money -making venture and he would only support the program until the contract expires. Mayor Taylor was aware that many municipalities in the County have gone through the same processes and are now operating. He stressed continuing the contract until May of 2016 would cost the City over $1M. Option four will allow the City to save money. The $222,000 fee covering the last three months will be excused and each camera will be reduced by $500 a month. The contract can still be cancelled next year. Vice Mayor Casello surmised ATS was requesting the contract be extended for seven months and then sign a five year contract. Attorney Cherof interjected there is a clause that allows the City to terminate the agreement with no penalty, for any reason, on December 31, 2016 by providing written notice of its intent to terminate the agreement to ATS on or before October 3, 2016. This is a free out for the City. Vice Mayor Casello asked why ATS wanted the seven-month extension and Mr. Oyer explained it would allow recovery of the cost to refund the City $220,000 and the reduction in the cost for the City going forward. The seven-month extension would 22 Page 706 of 717 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 allow time for the test cases to make the way through the Court system. There is a tremendous ongoing expense to operate the camera system. It was asserted most of the violations occur because people are distracted rather than a willful attempt to run the red light. Boynton Beach should not be the test case. The challenges should be allowed to go through the Courts and if upheld, turned back on. Mayor Taylor had seen drivers intentionally running lights on a daily basis. Commissioner Merker noted once a ticket is received and paid, drivers slow down. ATS is a business entity and their product assists mankind. The issue is safety, not dollars or self -guilt. Motion Mayor Taylor passed the gavel and moved to adopt option #4 to amend the contract and the particulars listed. Commissioner Merker seconded the motion. Vote The motion passed 3-2 (Vice Mayor Casello and Commissioner McCray dissenting). B. PROPOSED ORDINANCE NO. 15-017 - SECOND READING - PUBLIC HEARING - Approve request to abandon a 10 -foot wide utility easement in conjunction with the iStorage Warehouse Addition project (MSPM 15-005) under concurrent review, located at 2951 SW 14th Place within the M-1 (Light Industrial) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof read Proposed Ordinance No. 15-017 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15-017. Commissioner Merker seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 4-0 (Commissioner Fitzpatrick was not present for the vote.) C. PROPOSED ORDINANCE NO. 15-018 - SECOND READING - PUBLIC HEARING - Adopt an ordinance to sunset the Cemetery Board of Governors. Attorney Cherof read Proposed Ordinance No. 15-018 by title only, on second reading. 23 Page 707 of 717 13.A. COMMUNITY REDEVELOPMENT ADVISORY BOARD 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Reports -- None EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 8/12/2016 - 0:30 AM Page 708 of 717 13. B. COMMUNITY REDEVELOPMENT ADVISORY BOARD 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Pending Items 1. City Services Survey for the CRA EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 8/12/2016 - 9:39 AM Page 709 of 717 13.C. COMMUNITY REDEVELOPMENT ADVISORY BOARD 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: New Assignments -- None EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 8/12/2016 - 0:30 AM Page 710 of 717 15.A. FUTURE AGENDA ITEMS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: 2016 Boynton Beach CRA Consolidated Plan - September 8, 2016 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 8/0/2016 - 8:41 AM Development Rumpf, Michael Approved 8/0/2016 - 8:41 AM City Manager LaVerriere, Lori Approved 8/0/2016 - 12:46 PM Finance Howard, Tim Approved 8/0/2016 - 5:21 PM City Manager LaVerriere, Lori Approved 8/11/2016 - 2:80 PM Page 711 of 717 15. B. FUTURE AGENDA ITEMS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Fire Reviewer Action Date Stanzione, Tammy Approved 8/8/2016 - 0:80 AM Page 712 of 717 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Manager 15.C. FUTURE AGENDA ITEMS 8/16/2016 Reviewer Action Date Stanzione, Tammy Approved 8/8/2016 - 0:30 AM Page 713 of 717 15.D. FUTURE AGENDA ITEMS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 8/8/2016 - 9:46 AM Howard, Tim Approved 8/8/2016 - 9:48 AM LaVerriere, Lori Approved 8/9/2016 - 1:00 FSM Page 714 of 717 15. E. FUTURE AGENDA ITEMS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 8/0/2016 - 2:40 PM Howard, Tim Approved 8/0/2016 - 2:40 PM LaVerriere, Lori Approved 8/0/2016 - 4:06 PM Page 715 of 717 15. F. FUTURE AGENDA ITEMS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: Upon successful negotiations, the Commission will ratify the IAFF, SEIU and PBA union contracts -TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 8/0/2016 - 2:40 PM Finance Howard, Tim Approved 8/0/2016 - 2:40 PM City Manager LaVerriere, Lori Approved 8/0/2016 - 4:11 PM Page 716 of 717 15.G. FUTURE AGENDA ITEMS 8/16/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/16/2016 REQUESTED ACTION BY COMMISSION: City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. - September 20, 2016 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 8/0/2016 - 2:40 FSM Howard, Tim Approved 8/0/2016 - 2:40 FSM LaVerriere, Lori Approved 8/0/2016 - 4:06 FSM Page 717 of 717