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R09-151 I 2 RESOLUTION NO. R09-/S / 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING THE CITY MANAGER TO EXECUTE 8 THE FIRST AMENDMENT TO AGREEMENT FOR THE 9 PROVISION OF SUPPLEMENTAL POLICE SERVICES 10 BETWEEN THE CITY OF BOYNTON BEACH AND THE II BOYNTON BEACH COMMUNITY REDEVELOPMENT 12 AGENCY; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, on December 19,2007 the City Commission via Resolution R07-151, 16 approved an Agreement for the Provision of Supplemental Police Services with the Boynton 17 Beach Community Redevelopment Agency; and 18 WHEREAS, the City Commission desires to reduce the cost of police services to the 19 CRA by $50,000.00 annually for a period of three years beginning October 1,2009; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 22 City of Boynton Beach to approve and authorize the City Manager to execute the First 23 Amendment to Agreement for the Provision of Supplemental Police Services between the 24 City of Boynton Beach and Boynton Beach Conmunity Redevelopment Agency. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and authorize the City Manager to execute the First Amendment to S:\CA\RESO\AgreemenlSJ3BPD\Police Services Agreement with eRA (2009) 1st Amendment.doc Agreement for the Provision of Supplemental Police Services between the City of Boynton 2 Beach and the Boynton Beach Community Redevelopment Agency, a copy of said First 3 Amendment is attached hereto as Exhibit "A". 4 Section 3. That this Resolution shall become effective immediately upon passage. 5 .... PASSED AND ADOPTED this ~ day of October, 2009. 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 27 M. Prainito, CMC 28 Clerk 29 30 31 32 33 CITY OF BOYNTON BEACH, FLORIDA ~L.Hay Commissioner Ronald Weiland ~ S:\CA\RESO\AgreemenlSJ3BPD\Police Services Agreement with eRA (2009) 151 Amendment.doc FIRST AMENDMENT TO AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL POLICE SERVICES THIS IS A FIRST AMENDMENT TO AGREEMENT, made and entered into this day of , 2009, between THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "CRA ") and THE CITY OF BOYNTON BEACH (hereinafter referred to as the "City "). In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and City agree as follows The Original Agreement for the Provision of Supplemental Police Services, entered into on December 19, 2007 and approved by the City Commission pursuant to Resolution R07 -151, shall remain in full force and effect except as specifically amended herein: 7 0 The term of contract shall be from October 1, 2009 until September 30, 2010, subject to annual appropriation of funds by the CRA 8 0 Compensation to the City. For services provided, CRA shall compensate the City as follows 8 1 CRA shall pay City on a monthly basis for services provided at the rate equal to the costs to the City for one (1) police sergeant and four (4) police officers which at the time of this original agreement was drafted is approximately $388,794 00 The City will provide the CRA with an invoice indicating the monthly compensation, benefits and expenses paid to the officers and sergeant assigned to the CRA police unit Compensation, benefits and expenses include all expenditures on the part of the City associated with employing the member From October 1, 2009 through September 30, 2012, the CRA is entitled to an annualized discount of $50,000 per fiscal year The discount shall be reflected on each City invoice to the CRA as a $4,166 67 reduction to the monthly charge IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above Signed and Seal and Witnessed - 346 - in the presence of: CITY OF BOYNTON BEACH, FL Witness Kurt Bressner, City Manager Witness James A Cherof, City Attorney ATTEST Janet M Prainito, CMC City Clerk Signed and Seal and Witnessed in the presence of: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Witness Jerry Taylor, Chairman Witness - 347 - Meeting Minutes Regular City Commission Boynton Beach, FL October 20, 2009 Wally Majors, Director of Recreation and Parks, advised staff had checked the references provided that were not favorable to Surge Solutions and were not familiar with the vendor. The references for the vendor selected, Burke, were very favorable. Commissioner Rodriguez wanted assurances that an explanation is given for the Cone of Silence and the customers or vendors are not ignored. Ms. Doppler normally explained to the vendors the Cone of Silence was 10 days after the bid opening. Mr. Bressner interjected the staff 'report should be made available as soon as possible. Attorney Cherof explained vendors or bidders on a public project should understand the basics of the process when records can be obtained. Mr. Bressner suggested the competitive bid environment may require more specificity in the bid documents. Motion Commissioner Ross moved to approve Item 6.F, Proposed Resolution R09 -149. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6.H PROPOSED RESOLUTION NO. R09 -151 -- Approve the "First Amendment - Agreement for the Provision of Supplemental Police Services" between the CRA and the City. Commissioner Ross pulled the item to highlight the fact the City was funding the CRA police force $50,000 annually for next three years. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS None 8. 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. Attorney Cherof administered an oath to all those intending to testify regarding the three public hearing items. He also outlined the procedure to be followed. A. Baywaik, (SPTE 09 -007), Site Plan Time Extension, located at 3103 South Federal Highway; west side of Federal Highway, approximately 1/8 11