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Agenda 01-04-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JANUARY 4, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 349 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Jose Rodriguez EXECUTIVE SESSION TO DISCUSS THE FOLLOWING LAWSUITS: At 6:00 p.m., CITY OF BOYNTON BEACH, PETITIONER vs. FRANK JANOTS, THEODORE RYAN, GERHARD DEGEN, ROBERT P. BROWN, ET AL, Respondents, - Case No. 50 2003 CA 010606 XX EDAJ At 6:15 p.m., CITY OF BOYNTON BEACH, FLORIDA, PETITIONER vs. RALPH AND ROSIE, INC., A Florida Corporation, WACHOVIA AS CUSTODIAN/TRUSTEE FOR PLYMOUTH PARK TAX SERVICES, INC., A New Jersey Corporation, and UNKNOWN TENANT in possession, Defendants - CASE NO. 09-029016 CACE (14) D. 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. Announcing the Movies on the Ave film for January 7, 2011 B. Announcing the Ocean Avenue Concert for January 21, 2011 C. Announcement of two upcoming events; January 8, 2011 the Sandsifters monthly Beach Clean up and Pie Drawing and January 22, 2011 the Craft & Treasure Sale being hosted by the Recreation & Parks Department, which will include a Hometown Pie Contest D. Permit presentation of Tribute to family of Harvey Oyer, Jr. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 3 of 349 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on December 7, 2010 TABLED ON 12/7/10 B. - Approve contract with RESPECT of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant. Staff recommends this item be removed from the agenda at this time until further information can be gathered. This item will be brought back either January 18th or February 1st, 2011. C. Approve expenditure of an additional $69,655 for the purchase of pipe materials associated with the project Raw Water Main - Section A and include a 10% contingency of $6,966 for shipping and other incidentals. PROPOSED RESOLUTION NO. R11-001 D. - Approve the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. PROPOSED RESOLUTION NO. R11-002 E. - Approve a Maintenance Agreement with DSS Corporation (a sole source provider) in the amount of $7,760 per year for five years for a total of $38,800 less a 5% discount if paid in advance for a net amount of $36,860 to provide the Police Department's Communication Section with the ability to operate recording equipment with the next generation 911 (NG911) system and software that will be installed early in 2011 and authorize City Manager to execute. PROPOSED RESOLUTION NO. R11-003 F. - Approving and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach PROPOSED RESOLUTION NO. R11-004 G. - Approve the piggy-back of the City of Miami Bid #178149(15) for Laserfiche Software, Hardware and Services City-wide in the amount of $36,221.40 to R&S Integrated Products for the annual renewal of the Laserfiche software maintenance 4 of 349 PROPOSED RESOLUTION NO. R11-005 H. - Approval of an Interlocal Agreement between Palm Beach County, the City of Boynton Beach, the City of Delray Beach and the City of Boca Raton for the use of specific components of the 800 MHz radio communications system shared and used by the signatories PROPOSED RESOLUTION NO. R11-006 I. - Approve the service agreement between the City of Boynton Beach and Rainbow Marketing Inc., authorizing the City to enter into an agreement to sub-grant funding in the amount of $6,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 thru March 31, 2011 PROPOSED RESOLUTION NO. R11-007 J. - Approve the service agreement between the City of Boynton Beach and Lifeguard Services, Inc. authorizing the City to enter into an agreement to sub-grant funding in the amount of $3,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 through March 31, 2011. PROPOSED RESOLUTION NO. R11-008 K. - Approve the service agreement between the City of Boynton Beach and Florida Youth Athletic Association, authorizing the City to enter into an agreement to sub-grant funding in the amount of $9,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 through March 31, 2011. PROPOSED RESOLUTION NO. R11-009 L. - Approve the service agreement between the City of Boynton Beach and Blue Skies Audio/Visual Technologies Inc. authorizing the City to enter into an agreement to sub-grant funding in the amount of $6,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 through March 31, 2011. PROPOSED RESOLUTION NO. R11-010 M. - Approve the addendum to the Services Agreement with Greg Russ, Russo Consulting Group Inc., 10727 Palm Springs Drive, Boca Raton, Florida, 33428 (the "Provider"), which is part of the Youth Violence Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. PROPOSED RESOLUTION NO. R11-011 N. - Approve the addendum to the Services Agreement with Richard Brochu, Hooked on Fishing Not on Drugs, 7067 Peninsula Court, Lake Worth, Florida, 33467 (the "Provider"), which is part of the Youth Violence Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. PROPOSED RESOLUTION NO. R11-012 O. - Approve the addendum to the Services Agreement with RM Lee, Community Development Center, 900 N. Seacrest Blvd., Boynton Beach, Florida, 33435 (the "Provider"), which is part of the Youth Violence Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. PROPOSED RESOLUTION NO. R11-013 P. - Approve the addendum to the Services Agreement with Tevis Gardenhire, Art is Motivation (AIM), 1118 S. Monterey Circle, Boynton Beach, Florida, 33436 (the "Provider"), which is part of the Youth Violence 5 of 349 Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the Bid for "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT Bid # 007-1412-11/MFD to the following six (6) companies: Grainger, Miller Bearings, MSC Industrial Supply, Ritz Safety, Safety Products Inc. and Safety Zone Specialist on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $40,000. PROPOSED RESOLUTION NO. R11-014 B. - Award Contract for “EZELL HESTER COMMUNITY CENTER RETROFIT SPORTS LIGHTING” Bid # 005-2710-11/CJD to ELECTRICAL CONTRACTING SERVICES, INC. (ECI) of Hialeah, Florida, the lowest, most responsive, responsible bidder; in the amount of: $298,643.93 plus a 10% contingency of $29,864.39 for a total expenditure of: $328,508.32. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $9,000 in Bridgett Miller v. City of Boynton Beach. B. Accept settlement agreement with World Fiber Technologies in the amount of $35,000, to be paid to the City, for damage to a sewer force main along I-95 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO. 11-001 - FIRST READING A. - Approve the abandonment of a Utility Easement for The Peninsula at Boynton Beach project at 2660 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. 10. CITY MANAGER’S REPORT A. Accept the City of Boynton Beach FY2009/2010 Annual Grants Report. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 10-032 A. - SECOND READING - Ratify City Commission action on street/roadway abandonments taken in the 6 of 349 expansion/reconfiguration of POINCIANA ELEMENTARY SCHOOL expansion of their physical facilities 14. FUTURE AGENDA ITEMS A. Consider recommendation of Advisory Committee for renaming of Jaycee Park - 01/18/11 B. Report to Commission on Canal Spraying program with cost analysis - 01/18/11 C. Historic Preservation Implementation Program - 01/18/11 D. Willis Retirement Services (SageView Advisory Group) Plan Review - 01/18/11 E. Appoint members to 7-member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 02/01/11 F. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) G. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) H. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) I. Geographic boundaries for City of Boynton Beach voting districts - (TBD) J. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 349 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcing the Movies on the Ave film for January 7, EQUESTED CTION BY ITY OMMISSION 2011 ER: Friday, January 7, 2011 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST AVATAR PG-13. Boynton Beach will present a Movies on the Ave film screening, featuring This FREE event will take place from 6:00 to 9:00 at the Ocean Avenue Amphitheatre next to the PM PM Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest Blvd. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 8 of 349 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcing the Ocean Avenue Concert for January 21, EQUESTED CTION BY ITY OMMISSION 2011 ER: Friday, January 21, 2011 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST Bulldog Rock & Roll Band Boynton Beach will present an Ocean Avenue Concert, featuring the . This FREE concert will take place from 6:00 to 9:00 at the Ocean Avenue Amphitheatre next to the PM PM Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest Blvd. Food and Drinks will be available for purchase by The Bru’s Room. Please bring your folding chairs and be prepared to dance the night away. Parking available on site. No pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budget line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 9 of 349 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of two upcoming events; January 8, 2011 EQUESTED CTION BY ITY OMMISSION the Sandsifters monthly Beach Clean up and Pie Drawing and January 22, 2011 the Craft & Treasure Sale being hosted by the Recreation & Parks Department, which will include a Hometown Pie Contest ER: XPLANATION OF EQUEST The Recreation and Parks Department would like to announce that on January 8, 2011, the Sand Sifters are hosting the monthly Beach Cleanup featuring a Pie Drawing in honor of National Pie Day on January 23, 2011. and… The Boynton Beach Recreation & Parks Department is hosting a Craft & Treasure Sale that will feature a Hometown Pie Contest on Saturday, January 22 from 12 – 4 p.m. at the Civic Center, 128 E Ocean Avenue. The event is free to spectators. Enjoy crafts, demos, samples and a pie eating contest for the kids! Bakers of all skill levels who want to share their recipes and their pies are welcome to enter their favorite pie(s) into the contest. Prizes will be awarded! The entry fee for bakers is $5 per pie. The Recreation and Parks Department Staff and the Sand Sifters invite the commission and community to join us at these two very special events. H? These events contribute towards OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES maintaining a clean and attractive environment for our citizens, and “making life fun” for our community. 10 of 349 FI: Approx. $100 for misc. supplies. ISCAL MPACT A: Do not make the announcement. LTERNATIVES 11 of 349 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Permit presentation of Tribute to family of Harvey Oyer, Jr. EQUESTED CTION BY ITY OMMISSION ER: Former Boynton Beach city councilman and mayor Harvey Oyer, XPLANATION OF EQUEST Jr., passed away on December 18, 2010. Mr. Oyer was elected to the council in 1957 and served as mayor for one year in 1960. A descendant of one of South Florida's most prominent pioneer families, Mr. Oyer was known widely for his knowledge of local history and his leadership of many business and philanthropic organizations. In addition to his service with the City, Mr. Oyer served as board chairman of the Greater Boynton Beach Chamber of Commerce, director of the local Red Cross chapter, founded the local Jaycees and served in the local Kiwanis Club. Later, he was actively involved with the Historical Society of Palm Beach County and the Palm Beach County Historic Preservation Board, as well as the Boynton Beach Historical Society. He was instrumental in saving the 1913 elementary school, which is today the Schoolhouse Children’s Museum and Learning Center. Members of the family will be present to receive the Tribute. H? This Tribute will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the many contributions made by Mr. Oyer to help improve the quality of life for all citizens in Boynton Beach. FI: None ISCAL MPACT A: Not permit presentation. LTERNATIVES 12 of 349 Harvey Oyer, Jr. Tribute Boynton Beach is fortunate to have many citizens who take an active role in their community and who are committed to improving the quality of life for everyone who lives, works and plays here. These people offer their time and talent with no expectation of reward other than the satisfaction of knowing that they have made a valuable contribution to society. One such person was the late Harvey Oyer, Jr. In his death, the people of Boynton Beach have lost a great citizen. He served the City with honor and distinction, providing leadership and lending professional expertise to the City’s operations. A former city councilman and mayor, Mr. Oyer passed away on December 18, 2010. He was elected to the council in 1957 and served as mayor for one year in 1960. A descendant of one of South Florida's most prominent pioneer families, Mr. Oyer was known widely for his knowledge of local history and his leadership of many business and philanthropic organizations. In addition to his service with the City, Mr. Oyer served as board chairman of the Greater Boynton Beach Chamber of Commerce, director of the local Red Cross chapter, founded the local Jaycees and served in the local Kiwanis Club. Later, he was actively involved with the Historical Society of Palm Beach County and the Palm Beach County Historic Preservation Board, as well as the Boynton Beach Historical Society. He was instrumental in saving the 1913 elementary school, which is today the Schoolhouse Children’s Museum and Learning Center. It is fitting and appropriate, therefore, that the City of Boynton Beach recognizes with this Tribute Harvey Oyer, Jr. for his dedication and service to the citizens of Boynton Beach. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 4th day of January, Two Thousand Eleven. ___________________________________ Jose Rodriguez, Mayor ATTEST: _________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 13 of 349 5. A ADMINISTRATIVE January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 14 of 349 15 of 349 16 of 349 6. A CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on December 7, 2010 The City Commission met on December 7, 2010 and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 17 of 349 18 of 349 19 of 349 20 of 349 21 of 349 22 of 349 23 of 349 24 of 349 25 of 349 26 of 349 27 of 349 28 of 349 29 of 349 30 of 349 31 of 349 32 of 349 33 of 349 34 of 349 35 of 349 36 of 349 37 of 349 38 of 349 39 of 349 40 of 349 41 of 349 6. B CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: TABLED ON 12/7/10 - Approve contract with RESPECT EQUESTED CTION BY ITY OMMISSION of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant. Staff recommends this item be removed from the agenda at this time until furter information can be thst gathered. This item will be brought back either January 18 or February 1, 2011. 42 of 349 6. C CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve expenditure of an additional $69,655 for the EQUESTED CTION BY ITY OMMISSION purchase of pipe materials associated with the project Raw Water Main - Section A and include a 10% contingency of $6,966 for shipping and other incidentals. ER: On July 20, 2010 the City Commission approved the direct XPLANATION OF EQUEST purchase of 7,100 feet of 36 inch diameter ductile iron pipe for the construction of Section A of the Raw Water Main project. This section is but a portion of the overall project that will allow the City to pump water from the western wellfield to the East Water Treatment Plant. During the construction of Section A of this Raw Water Main project, the City encountered a source of underground contamination from a gasoline station located at the northeast corner of Military Trail and Woolbright Road. During the permitting of the project, the Florida Department of Environmental Protection (FDEP) required that special measures be taken to assure that the dewatering operation associated with the project would not enlarge the area of contamination. Section A of the project is nearing completion, having already installed over 6,500 linear feet of piping (ductile iron and polyethylene), but in order to avoid the contamination zone in the next section (Section B), the City has asked the contractor of Section A to install an additional 400 feet of pipeline, utilizing the special measures required by FDEP. Under this contract, the City is directly purchasing and furnishing the pipeline material in order to avoid payment of sales tax on that item. To date, the estimated sales tax savings has been $52,643. To fully complete this additional work utilizing the contractor from Section A of the project, the City must therefore purchase an additional 400 feet of pipe material, and also include an additional 200 feet of pipe to allow for additional deflections and cut pieces that have occurred throughout the project. The supplier of the pipe, Ferguson Underground, has agreed to hold the price used from the beginning of the project. 43 of 349 This agenda item requests Commission authorization to purchase the additional pipe at this time at a cost of $69,655 plus freight and contingencies (@10%). Purchase Order #101102, Ferguson Underground, would be increased a total of $76,621. H? No effect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: $76,621; Utilities Capital Improvement Fund 404, CIP #WTR 136 ISCAL MPACT A: LTERNATIVES 1. Request the current contractor to also furnish the pipe material, and pay the sales tax on that material. 44 of 349 45 of 349 6. D CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-001 - Approve the EQUESTED CTION BY ITY OMMISSION Interlocal Agreement between Palm Beach County and the City of Boynton Beach for participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. ER: For swimming lessons provided by the City, in exchange for the XPLANATION OF EQUEST DPC Learn to Swim Program, the County will pay the City its usual and customary fee per class. The vouchers are issued by the Learn to Swim Program and are valued at a maximum of $50 per class. H? Various swimming lesson classes are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES offered at the John Denson Pool. All the classes are open to the public and will not be restricted to just voucher holders. The County will be invoiced monthly based on the number of swimming lesson classes. By participating in this program last summer, $4,024 in vouchers was issued between June and September. FI: Direct expenses are covered by the registration fee for the swimming lesson ISCAL MPACT classes. A: Do not enter into the agreement and accept vouchers for swimming lessons. LTERNATIVES 46 of 349 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR PARTICIPATION IN THE DROWNING PRVENTION COALITION LEARN TO SWIM PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the County will pay to the City its usual and customary fee per swim class for swimming lessons provided by the City in exchange for the Drowning Prevention Coalition Learn to Swim Program; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize execution of the Interlocal Agreement with Palm Beach County which expires September 30, 2011, for participation in the Drowning Prevention Coalition Learn to Swim Program. 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 hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach County which expires September 30, 2011, for participation in the Drowning Prevention Coalition Learn to Swim Program, a copy of said Interlocal Agreement is attached hereto and made a part here as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of December, 2010. 47 of 349 CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – Marlene Ross _____________________________ Commissioner – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 48 of 349 49 of 349 50 of 349 51 of 349 52 of 349 53 of 349 54 of 349 55 of 349 56 of 349 57 of 349 58 of 349 59 of 349 60 of 349 61 of 349 62 of 349 6. E CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-002 - Approve a EQUESTED CTION BY ITY OMMISSION Maintenance Agreement with DSS Corporation (a sole source provider) in the amount of $7,760 per year for five years for a total of $38,800 less a 5% discount if paid in advance for a net amount of $36,860 to provide the Police Department's Communication Section with the ability to operate recording equipment with the next generation 911 (NG911) system and software that will be installed early in 2011 and authorize City Manager to execute. ER: The Communication Section (911 Dispatch Center) operates under XPLANATION OF EQUEST the current E911 system providing our citizens the ability to place emergency calls for Police or Fire/Rescue assistance. A component of the E911 system is a recording console to record all voice transmissions coming into the center via telephone and all radio transmissions between the 911 Dispatch Center and our officers and firefighters in the field. We are required by law and accreditation standards to maintain the recording equipment in order to immediately play-back radio or telephone voice transmissions. This is a function that is utilized regularly for emergency dispatch and investigative purposes. We are currently utilizing DSS Corporation equipment for this purpose. Beginning in January 2011, Palm Beach County will begin updating the twenty-three 911 centers in the County by installing the NG911 system for citizens to contact the dispatch center via text message, email and vehicle data sets (OnStar and the like). The NG911 system will also allow the immediate transmission of any electronic data source such as security cameras or other forms of streaming audio and video, as well as identifying the location of a GPS enabled cell phone, at the instant the call is received. We will require a new recording console to accommodate the NG911 system. There is little difference between the present Agreement and the proposed Agreement from DSS other than the duration which will go from one year to five years and an added cost 63 of 349 difference of $3 per year before a 5% discount. In exchange for entering into a five year Agreement, DSS will replace, at no charge, our existing recording equipment with the new recording console that will facilitate recording of NG911 voice and input data. The DSS Corporation is a sole-source vendor for this equipment. (See attached letter) H? This Agreement will facilitate continued OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES operation of the 911 Dispatch Center after the installation of the NG911 system. Installation of our new system is scheduled to begin in January 2011 and proceed in phases with installation concluding in June 2011. FI: The Maintenance Agreement is $7,760 per year for five years for a total of $38,800. ISCAL MPACT There is a 5% discount if paid in advance for a net amount of $36,860 resulting in a savings of $1,940. In addition, if the Proposal is accepted by January 8, 2011, a one-time installation and training service fee will be waived and result in an added savings of $2,400. For a total savings of $4,340, it is recommended that we  Accept the Proposal by January 8, 2011 (saving $2,400) and  Pay the entire 5-year Maintenance amount upfront (saving $1,940) The $36,860 will be paid from Account 691-0000-247-01-27, the Communications 12.50 Trust Fund that derives its funding from traffic ticket revenues. A: None. The Dispatch Center can not be operated without this equipment once LTERNATIVES the NG911 system is installed. This is an unfunded mandate from Palm Beach County. 64 of 349 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A MAINTENANCE AGREEMENT WITH DSS CORPORATION, A SOLE SOURCE PROVIDER, FOR FIVE YEARS FOR A TOTAL OF $36,860; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Communication Section (911 Dispatch Center) operates under the current E911 system providing the citizens the ability to place emergency calls for Police and/or Fire Rescue assistance; and WHEREAS, a component of the E911 system is a recording console the record all voice transmissions coming into the center which is required by law and accreditation standards to be maintained in order to immediately play-back radio or telephone voice transmissions; and WHEREAS, pursuant to City of Boynton Beach Code Section 2-56.1(d), this procurement is exempt from the bid requirements as a sole source purchase; and WHEREAS ,the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve the Maintenance Agreement with DSS Corporation, a sole source provider, for a period of five (5) years in the total amount of $36,860 and to authorize the City Manager to execute the Maintenance Agreement with DSS Corporation for maintenance of the Communications Department recording equipment with the next generation 911 (NG911) system and software. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Maintenance Agreement with DSS Corporation, a sole source provider, for a period of five (5) years for a total expenditure of $36,860. 65 of 349 Section 3. The City Manager is authorized to execute the Maintenance Agreement with DSS Corporation for maintenance of the Communications Department recording equipment with the next generation 911 (NG911) system and software. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 66 of 349 67 of 349 68 of 349 69 of 349 70 of 349 71 of 349 72 of 349 73 of 349 6. F CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-003 - Approving EQUESTED CTION BY ITY OMMISSION and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach ER: In 2009, the Supervisor of Elections advised that she would no longer XPLANATION OF EQUEST participate in the municipal election process since this was not a requirement under Florida State Statute. She returned the responsibility to the Municipal Clerks. After numerous meetings of an ad hoc committee consisting of the Palm Beach County League of Cities, representatives of municipalities, attorneys and the Palm Beach County Supervisor of Elections, the Supervisor of Elections put together a list of services her office would provide along with associated costs. An Interlocal agreement was developed that spells out all of the duties, responsibilities and fees associated with hosting municipal elections. The Supervisor is willing to provide those services spelled out in the agreement even though State law may not require her to do so. H? Continued cooperation with the Supervisor of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Elections Office will assure smooth election cycles now and in the future. FI: The fiscal impact to the City is minimal for the March 2011 election. In March 2010, ISCAL MPACT when we had a City-wide election, the cost for services rendered by the SOE was $13,879.25. It is anticipated the cost for services rendered will be less than half that amount due to the fact this election will be in only two districts of the City. Anticipated costs are budgeted under line item 001-1310-512-49- 15 in the FY2011 Budget. A: If this agreement is not approved, we would have to conduct our own election and we LTERNATIVES are not prepared to do that without assistance from the Supervisor of Elections. 74 of 349 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO PROVIDE FOR A MUNICIPAL ELECTION AND TO ALLOCATE CERTAIN RESPONSIBILITIES BETWEEN THE PARTIES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; DESIGNATING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND ONE PALM BEACH COUNTY COMMISSIONER TO ACT AS THE CITY’S CANVASSING BOARD AND CANVAS ALL CITY ABSENTEE BALLOTS FOR THE MARCH 8, 2011, GENERAL ELECTION, AND IF IT BECOMES NECESSARY, A RUN-OFF ELECTION, WHICH WILL BE HELD ON MARCH 22, 2011, AND CERTIFY ELECTION RESULTS; AUTHORIZING THE CITY CLERK TO NOTIFY THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS OF HER APPOINTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated Tuesday, March 8, 2011, as the date for the next General Election, and if it becomes necessary, a run-off election which will be held on March 22, 2011; and WHEREAS, the City and the Supervisor of Elections desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS , the Supervisor of Elections and the City wish to enter into this Agreement to set out the terms of this coordinated program; and WHEREAS, the City Commission of the City of Boynton Beach desires to designate and appoint the Palm Beach County Supervisor of Elections and one Palm Beach County Commissioner to act as the City’s Canvassing Board to handle and canvas all city absentee ballots, certify election results, at all logic and accuracy tests to be held prior to the March 8, 2011, General Election and if it becomes necessary, a run-off election which will be held on March 22, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 75 of 349 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 hereby approves the Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of Elections and authorizes the Mayor and the City Clerk to execute said Agreement, a copy of which is attached hereto as Exhibit “A” Section 3. The City Commission of the City of Boynton Beach, Florida does hereby designate and appoint the Palm Beach County Supervisor of Elections and one Palm Beach County Commissioner to act as the City’s Canvassing Board and canvas all city absentee ballots for the March 8, 2011, General Election, and if becomes necessary a run-off election which will be held on March 22, 2011, at all logic and accuracy tests, and certify election results. Section 4. The City Commission hereby authorizes the City Clerk to notify the Palm Beach County Supervisor of Elections of her and one Palm Beach County Commissioner’s appointment to act as the City’s Canvassing Board and canvas all city absentee ballots and at all logic and accuracy tests to be held prior to the election. Section 5. That this Resolution shall become effective immediately upon passage. 76 of 349 PASSED AND ADOPTED this _____ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 77 of 349 78 of 349 79 of 349 80 of 349 81 of 349 82 of 349 83 of 349 84 of 349 85 of 349 86 of 349 87 of 349 88 of 349 89 of 349 6. G CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-004 - Approve the EQUESTED CTION BY ITY OMMISSION piggy-back of the City of Miami Bid #178149(15) for Laserfiche Software, Hardware and Services City- wide in the amount of $36,221.40 to R&S Integrated Products for the annual renewal of the Laserfiche software maintenance ER: XPLANATION OF EQUEST Laserfiche is the Electronic Records Management System for our data. State of the art client- server architecture enables staff to find and share documents over the network efficiently and fast. Through Laserfiche Weblink we provide the citizens a portal to do record searches on our public records which include, but are not limited to City Commission agendas and minutes, budgets, and Department of Development forms. Software technical support and maintenance includes the following: Seven (7) days a week, 24 hours software & hardware technical support for  departments citywide Version upgrades of all software products, when available, at no additional cost  Patches for software problems, when available, at no additional cost  R&S is a Value Added Reseller authorized by Laserfiche to offer this service.  H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This software enables staff to find and share documents over the network efficiently and fast. Files can be searched or located with word(s), phrases, and/or index fields. Image data can then be viewed, faxed, printed, and e-mailed to desired users. This software is utilized city- wide to manage all electronic documents. Maintenance of these products is essential in order to receive ultimate performance of department’s application software. 90 of 349 FI: ISCAL MPACT The total annual fee for this service is $36,221.40. This item was approved in the FY 2010-11 budget in account number 001-1510-513-46-91, Software Maintenance in the amount of $37,000. Pricing for all items except AnyDoc and Document Shuttle are per the City of Miami Contract awarded on February 4, 2010 (copy attached). AnyDoc and Document Shuttle are sole source products (sole source letter attached). A: LTERNATIVES Do not renew annual maintenance and pay as needed for support. The average hourly rate can run between $85/hour and $150/hour. Do not renew annual maintenance and know that there is no guaranteed level of service from vendor to respond in a timely manner Do not renew annual maintenance and do not receive manufacturer’s upgrades and future support resulting in full replacement cost of the system - $106,500. 91 of 349 RESOLUTION NO. R-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY- BACKING OF CITY OF MIAMI BID #178149(15) WITH R&S INTEGRATED PRODUCTS AND SERVICES OF LAKELAND, FLORIDA FOR THE ANNUAL RENEWAL OF LASERFICHE SOFTWARE MAINTENANCE IN THE AMOUNT OF $36,221.40; PROVIDING AN EFFECTIVE DATE. WHEREAS, Laserfiche is the electronic records maintenance system for the City’s data which software enables staff to locate and share documents efficiently; and WHEREAS , the maintenance of these products is essential in order to receive ultimate performance of the City’s application software; and WHEREAS , the City of Boynton Beach desires to retain the services of R & S Integrated Products and Services of Lakeland, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City Of Boynton Beach, Florida, hereby approves the piggy-backing of the City of Miami Bid #178149(15) with R & S Integrated Products and Services of Lakeland, Florida for the annual renewal of the Laserfiche software maintenance in the amount of $36,221.40, a copy of the R & S Integrated Products Invoice 27418 is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. 92 of 349 PASSED AND ADOPTED this _____ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 93 of 349 94 of 349 95 of 349 96 of 349 97 of 349 98 of 349 99 of 349 100 of 349 101 of 349 102 of 349 103 of 349 104 of 349 105 of 349 106 of 349 107 of 349 108 of 349 109 of 349 110 of 349 111 of 349 112 of 349 113 of 349 114 of 349 115 of 349 116 of 349 117 of 349 118 of 349 119 of 349 120 of 349 121 of 349 6. H CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-005 - Approval of EQUESTED CTION BY ITY OMMISSION an Interlocal Agreement between Palm Beach County, the City of Boynton Beach, the City of Delray Beach and the City of Boca Raton for the use of specific components of the 800 MHz radio communications system shared and used by the signatories ER: Palm Beach County, Boynton Beach, Delray Beach and Boca XPLANATION OF EQUEST Raton comprise the South Palm Beach County Public Safety Communication Cooperative pursuant to an interlocal agreement originally signed in 1999 when the interoperable radio system was installed. The system provides radio communications for each city and the county through the use of shared components such as cables, radio towers and microwave installations. This arrangement facilitates county wide (and beyond) coverage for our radio equipment and the ability to talk with the other public safety agencies in times of disaster and joint operations. A key piece of equipment is the SmartZone TM Controller that operates the system though the manipulation of trunked signals through the various radio towers and the Digital Microwave Communications System. Pursuant to the agreement, the county will maintain the common components, SmartZone Controller and the Digital Microwave system in order to keep the system functional. The cities will pay a proportionate share of the maintenance costs which have been calculated at $62,500.00 per year/per city. The cities pay only a portion of that amount based on the number of talk groups operated. The remainder is paid through 911 fees received by the county. Our yearly contribution for component maintenance is $22,812.50. The agreement also provides procedures and regulations regarding the use of common area talk groups. 122 of 349 H? Interoperability of the radio system OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES between the three municipal and the county public safety agencies is crucial in cases of mutual aid or combined response to an incident of regional significance. FI: Budget line item 001-1810-519.4620 Equipment Maintenance holds the ISCAL MPACT necessary funds required by the interlocal agreement. A: No alternatives are available other than acquiring another radio LTERNATIVES communications system. 123 of 349 RESOLUTION NO. R11-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY AND THE CITIES OF BOCA RATON AND DELRAY BEACH FOR THE USE OF SPECIFIC COMPONENTS OF THE 800 MHZ RADIO COMMUNICATION SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County, Boynton Beach, Delray Beach and Boca Raton comprise the South Palm Beach County Public Safety Communication Cooperative pursuant to an Interlocal Agreement originally signed in 2999 when the interoperable radio system was installed; and WHEREAS , the system provides radio communications for each city and the county through the use of shared components such as cables; radio towers and microwave installations; and WHEREAS, this arrangement enables county wide coverage for the radio equipment and the ability to talk with other public safety agencies in times of disaster and joint operations; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and authorize the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton Beach, Palm Beach County and the Cities of Boca Raton and Delray Beach for the use of specific components of the 800 MHz radio communications system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton Beach, Palm Beach County and the Cities of Boca Raton and Delray Beach for the use of 124 of 349 specific components of the 800 MHz radio communications system, a copy of said Interlocal Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 125 of 349 126 of 349 127 of 349 128 of 349 129 of 349 130 of 349 131 of 349 132 of 349 133 of 349 134 of 349 135 of 349 136 of 349 137 of 349 138 of 349 139 of 349 140 of 349 141 of 349 142 of 349 143 of 349 144 of 349 145 of 349 146 of 349 147 of 349 6. I CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-006 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Rainbow Marketing Inc., authorizing the City to enter into an agreement to sub-grant funding in the amount of $6,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 thru March 31, 2011 ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. The center opened on February 9, 2008 in conjunction with the City’s Recreation and Parks Department’s grant opening. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. $6,000 is allocated in the YVPP budget for this program. The Center will provides programs in various areas of mentoring, life and employment skills to teens from ages 12 to 18 through educational, cultural, social, emotional and psychological activities designed to provide good life skills and prepare them to become wholesome, successful, productive and contributing members or our community. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth, gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 148 of 349 FI: Potentially no financial impact to the City of Boynton Beach; the dollars being ISCAL MPACT reallocated for this service are part of the existing agreement for which we anticipate receiving a three month extension through March, 31, 2001. The expenses incurred are 100% grant funded, However, in the unlikely event that the County’s request for a 90-day extension is not approved, the Service Provider agreements would be terminated (5-day termination notification is stated in the Service Provider agreements) and the Recreation & Parks Department Revenue Fund will cover the costs incurred until the agreements are terminated A: Not to approve the service agreement. LTERNATIVES 149 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RAINBOW MARKETING, INC., FOR SUB- GRANT FUNDING IN THE AMOUNT OF $6,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Rainbow Marketing, Inc’s application and has granted them $6,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Rainbow Marketing, Inc., including a sub-grant in the amount of $6,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 150 of 349 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 151 of 349 152 of 349 153 of 349 154 of 349 155 of 349 156 of 349 157 of 349 158 of 349 159 of 349 160 of 349 161 of 349 6. J CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-007 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Lifeguard Services, Inc. authorizing the City to enter into an agreement to sub-grant funding in the amount of $3,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 through March 31, 2011. ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. The center opened on February 9, 2008 in conjunction with the City’s Recreation and Parks Department’s grant opening. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. $3,000 is allocated in the YVPP budget for this program. The Center will provides programs in various areas of mentoring, life and employment skills to teens from ages 12 to 18 through educational, cultural, social, emotional and psychological activities designed to provide good life skills and prepare them to become wholesome, successful, productive and contributing members or our community. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth, gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 162 of 349 FI: Potentially no financial impact to the City of Boynton Beach; the dollars being ISCAL MPACT reallocated for this service are part of the existing agreement for which we anticipate receiving a three month extension through March, 31, 2001. The expenses incurred are 100% grant funded, However, in the unlikely event that the County’s request for a 90-day extension is not approved, the Service Provider agreements would be terminated (5-day termination notification is stated in the Service Provider agreements) and the Recreation & Parks Department Revenue Fund will cover the costs incurred until the agreements are terminated A: Not to approve the service agreement. LTERNATIVES 163 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND LIFEGUARD SERVICES, INC., FOR SUB- GRANT FUNDING IN THE AMOUNT OF $3,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Lifeguard Services, Inc’s application and has granted them $3,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Lifeguard Services, Inc., including a sub-grant in the amount of $3,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 164 of 349 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 165 of 349 166 of 349 167 of 349 168 of 349 169 of 349 170 of 349 171 of 349 172 of 349 173 of 349 174 of 349 175 of 349 6. K CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-008 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Florida Youth Athletic Association, authorizing the City to enter into an agreement to sub-grant funding in the amount of $9,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 through March 31, 2011. ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. The center opened on February 9, 2008 in conjunction with the City’s Recreation and Parks Department’s grant opening. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. $9,000 is allocated in the YVPP budget for this program. The Center will provides programs in various areas of mentoring, life and employment skills to teens from ages 12 to 18 through educational, cultural, social, emotional and psychological activities designed to provide good life skills and prepare them to become wholesome, successful, productive and contributing members or our community. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth, gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 176 of 349 FI: Potentially no financial impact to the City of Boynton Beach; the dollars being ISCAL MPACT reallocated for this service are part of the existing agreement for which we anticipate receiving a three month extension through March, 31, 2001. The expenses incurred are 100% grant funded, However, in the unlikely event that the County’s request for a 90-day extension is not approved, the Service Provider agreements would be terminated (5-day termination notification is stated in the Service Provider agreements) and the Recreation & Parks Department Revenue Fund will cover the costs incurred until the agreements are terminated A: Not to approve the service agreement. LTERNATIVES 177 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA YOUTH ATHLETIC ASSOCIATION, INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF $9,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Florida Youth Athletic Association, Inc’s application and has granted them $9,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Florida Youth Athletic Association, Inc., including a sub-grant in the amount of $9,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 178 of 349 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 179 of 349 180 of 349 181 of 349 182 of 349 183 of 349 184 of 349 185 of 349 186 of 349 187 of 349 188 of 349 189 of 349 6. L CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-009 - Approve the EQUESTED CTION BY ITY OMMISSION service agreement between the City of Boynton Beach and Blue Skies Audio/Visual Technologies Inc. authorizing the City to enter into an agreement to sub-grant funding in the amount of $6,000 as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) for the period January 1, 2011 through March 31, 2011. ER: The City of Boynton Beach entered into an interlocal agreement XPLANATION OF EQUEST with the Board of County Commissioners, Palm Beach County, on February 27, 2007. The agreement outlined the City’s duties and responsibilities within the concept of developing a Youth Empowerment Center at the Carolyn Sims Center. The center opened on February 9, 2008 in conjunction with the City’s Recreation and Parks Department’s grant opening. Each year the YVPP selects service providers to offer programs in the center that address issues from tutoring to gang prevention and intervention. For this year’s funding, the City was granted $279,000 of which $111,000 was designated to be sub-granted to service providers. $6,000 is allocated in the YVPP budget for this program. The Center will provides programs in various areas of mentoring, life and employment skills to teens from ages 12 to 18 through educational, cultural, social, emotional and psychological activities designed to provide good life skills and prepare them to become wholesome, successful, productive and contributing members or our community. H? This program has the potential to reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES violent crime associated with youth, gang prevention and drug use, and has the potential to increase civic awareness and leadership, and the potential to change the landscape of the community through self-empowerment. 190 of 349 FI: Potentially no financial impact to the City of Boynton Beach; the dollars being ISCAL MPACT reallocated for this service are part of the existing agreement for which we anticipate receiving a three month extension through March, 31, 2001. The expenses incurred are 100% grant funded, However, in the unlikely event that the County’s request for a 90-day extension is not approved, the Service Provider agreements would be terminated (5-day termination notification is stated in the Service Provider agreements) and the Recreation & Parks Department Revenue Fund will cover the costs incurred until the agreements are terminated. A: Not to approve the service agreement. LTERNATIVES 191 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND BLUE SKIES AUDIO AND VISUAL TECHNOLOGIES, INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF $6,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , the City of Boynton Beach was granted $279,000.00, of which $111,000.00 was designated to be sub-granted to service providers; and WHEREAS , the Youth Violence Prevention Program Steering Committee has reviewed and approved Blue Skies Audio and Visual Technologies, Inc’s application and has granted them $6,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Blue Skies Audio and Visual Technologies, Inc., including a sub-grant in the amount of $6,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 192 of 349 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 193 of 349 194 of 349 195 of 349 196 of 349 197 of 349 198 of 349 199 of 349 200 of 349 201 of 349 202 of 349 203 of 349 6. M CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-010 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Greg Russ, Russo Consulting Group Inc., 10727 Palm Springs Drive, Boca Raton, Florida, 33428 (the "Provider"), which is part of the Youth Violence Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. ER: The Youth Violence Prevention Program was originally funded by XPLANATION OF EQUEST the County through a FDLE grant (via Interlocal agreement) that reimbursed the City for expenses incurred in the planning and implementation of the YVPP up to the amount of $279,900 from October 1, 2009 through September 30, 2010. The original Services Agreement with the Provider (Resolution No. R10-66) was ratified at the June 1, 2010 Commission Meeting. In October 2010 an extension to the agreement was approved through December 31, 2010. The County has again requested an additional ninety day extension from FDLE. Once granted, this extension would allow the program to continue for an additional ninety days through March 31, 2011. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for an additional ninety days at no additional cost (subject to approval of the grant extension). FI: $2000 is allocated in this grant funding for the ninety day extension. ISCAL MPACT It is anticipated there will be no financial impact to the City. The expenses incurred are 100% grant funded. However, in the unlikely event that the County’s extension request is not approved, the Service Provider agreements would be terminated. The provider agreements include a severance clause allowing the City to end the contract with five days notice. Should 204 of 349 this be necessary the Recreation & Parks Department Revenue Fund will cover the pro-rated costs incurred until the agreements are terminated. A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 205 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND GREG RUSSO, RUSSO CONSULTING GROUP, INC., TO EXTEND THE TERM TO MARCH 31, 2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Greg Russo, Russo Consulting Group, Inc; and WHEREAS , funds are still available to continue to offer the program ($2,000) therefore the term of the Agreement is being extended to March 31, 2011. 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 and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Greg Russo, Russo Consulting Group, Inc., extending the term of the Agreement until March 31, 2011, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 206 of 349 Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 207 of 349 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Greg Russ, Russo Consulting., with an address of 10727 Palm Springs Drive, Boca Raton, Florida, 33428, hereinafter referred to as "PROVIDER". WITNESSETH: 1.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-69 is amended as set forth below. 2.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $12,600 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 3. The PROVIDER does accept the term of the engagement shall continue until March 31, 2011. 208 of 349 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _____________________________ NOTARY PUBLIC My Commission Expires: 209 of 349 WITNESSES: RM Lee Community Development Center, Inc _________________ BY:__________________________ ______________________ _________________ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _______________________________ NOTARY PUBLIC My Commission Expires: 210 of 349 6. N CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-011 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Richard Brochu, Hooked on Fishing Not on Drugs, 7067 Peninsula Court, Lake Worth, Florida, 33467 (the "Provider"), which is part of the Youth Violence Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. ER: The Youth Violence Prevention Program was originally funded by XPLANATION OF EQUEST the County through a FDLE grant (via Interlocal agreement) that reimbursed the City for expenses incurred in the planning and implementation of the YVPP up to the amount of $279,900 from October 1, 2009 through September 30, 2010. The original Services Agreement with the Provider (Resolution No. R10-66) was ratified at the June 1, 2010 Commission Meeting. In October 2010 an extension to the agreement was approved through December 31, 2010. The County has again requested an additional ninety day extension from FDLE. Once granted, this extension would allow the program to continue for an additional ninety days through March 31, 2011. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for an additional ninety days at no additional cost (subject to approval of the grant extension). FI: $3,000 is allocated in this grant funding for the ninety day extension. ISCAL MPACT It is anticipated there will be no financial impact to the City. The expenses incurred are 100% grant funded. However, in the unlikely event that the County’s extension request is not approved, the Service Provider agreements would be terminated. The provider agreements include a severance clause allowing the City to end the contract with five days notice. Should 211 of 349 this be necessary the Recreation & Parks Department Revenue Fund will cover the pro-rated costs incurred until the agreements are terminated. A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 212 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RICHARD BROCHU, FACILITATOR FOR HOOKED ON FISHING NOT ON DRUGS, TO EXTEND THE TERM TO MARCH 31, 2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs; and WHEREAS, funds are still available to continue to offer the program ($3,000) therefore the term of the Agreement is being extended to March 31, 2011. 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 and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs extending the term of the Agreement ($3,000) until March 31, 2011, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA 213 of 349 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 214 of 349 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs, with an address of 7067 Peninsular Court, Lake Worth, FL 33467, hereinafter referred to as "PROVIDER". WITNESSETH: 3.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-68 is amended as set forth below. 4.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $18,700 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 3. The PROVIDER does accept the term of the engagement shall continue until March 31, 2011. 215 of 349 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _____________________________ NOTARY PUBLIC My Commission Expires: 216 of 349 WITNESSES: _________________ BY:__________________________ Richard Brochu, Facilitator for _________________ Hooked on Fishing Not on Drugs STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _______________________________ NOTARY PUBLIC My Commission Expires: 217 of 349 6. O CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-012 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with RM Lee, Community Development Center, 900 N. Seacrest Blvd., Boynton Beach, Florida, 33435 (the "Provider"), which is part of the Youth Violence Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. ER: The Youth Violence Prevention Program was originally funded by XPLANATION OF EQUEST the County through a FDLE grant (via Interlocal agreement) that reimbursed the City for expenses incurred in the planning and implementation of the YVPP up to the amount of $279,900 from October 1, 2009 through September 30, 2010. The original Services Agreement with the Provider (Resolution No. R10-66) was ratified at the June 1, 2010 Commission Meeting. In October 2010 an extension to the agreement was approved through December 31, 2010. The County has again requested an additional ninety day extension from FDLE. Once granted, this extension would allow the program to continue for an additional ninety days through March 31, 2011. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for an additional ninety days at no additional cost (subject to approval of the grant extension). FI: $6,000 is allocated in this grant funding for the ninety day extension. ISCAL MPACT It is anticipated there will be no financial impact to the City. The expenses incurred are 100% grant funded. However, in the unlikely event that the County’s extension request is not approved, the Service Provider agreements would be terminated. The provider agreements include a severance clause allowing the City to end the contract with five days notice. Should 218 of 349 this be necessary the Recreation & Parks Department Revenue Fund will cover the pro-rated costs incurred until the agreements are terminated. A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 219 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RM LEE COMMUNITY DEVELOPMENT CENTER, INC., INC., TO EXTEND THE TERM TO MARCH 31, 2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with RM Lee Community Development Center, Inc; and WHEREAS , funds are still available to continue to offer the program ($6,000) therefore the term of the Agreement is being extended to March 31, 2011. 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 and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with RM Lee Community Development Center, Inc., extending the term of the Agreement until March 31, 2011, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 220 of 349 Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 221 of 349 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and RM Lee, Community Development Center, 900 N. Seacrest Blvd., Boynton Beach, Florida, 33435, hereinafter referred to as "PROVIDER". WITNESSETH: 5.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-69 is amended as set forth below. 6.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $41,712 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 3. The PROVIDER does accept the term of the engagement shall continue until March 31, 2011. 222 of 349 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _____________________________ NOTARY PUBLIC My Commission Expires: 223 of 349 WITNESSES: RM Lee Community Development Center, Inc _________________ BY:__________________________ ______________________ _________________ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _______________________________ NOTARY PUBLIC My Commission Expires: 224 of 349 6. P CONSENT AGENDA January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-013 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Tevis Gardenhire, Art is Motivation (AIM), 1118 S. Monterey Circle, Boynton Beach, Florida, 33436 (the "Provider"), which is part of the Youth Violence Prevention Program (YVPP), by extending the term of the agreement from December 31, 2010 through March 31, 2011. R: The Youth Violence Prevention Program was originally funded by EXPLANATION OF EQUEST the County through a FDLE grant (via Interlocal agreement) that reimbursed the City for expenses incurred in the planning and implementation of the YVPP up to the amount of $279,900 from October 1, 2009 through September 30, 2010. The original Services Agreement with the Provider (Resolution No. R10-66) was ratified at the June 1, 2010 Commission Meeting. In October 2010 an extension to the agreement was approved through December 31, 2010. The County has again requested an additional ninety day extension from FDLE. Once granted, this extension would allow the program to continue for an additional ninety days through March 31, 2011. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for an additional ninety days at no additional cost (subject to approval of the grant extension). FI: $3,000 is allocated in this grant funding for the ninety day extension. ISCAL MPACT It is anticipated there will be no financial impact to the City. The expenses incurred are 100% grant funded. However, in the unlikely event that the County’s extension request is not approved, the Service Provider agreements would be terminated. The provider agreements include a severance clause allowing the City to end the contract with five days notice. Should 225 of 349 this be necessary the Recreation & Parks Department Revenue Fund will cover the pro-rated costs incurred until the agreements are terminated. A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 226 of 349 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND TEVIS GARDENHIRE, FACILITATOR FOR ART IS MOTIVATION, TO EXTEND THE TERM TO MARCH 31, 2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Tevis Gardenhire, Facilitator for Art is Motivation; and WHEREAS , funds are still available to continue to offer the program therefore the term of the Agreement is being extended to March 31, 2011. 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 and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Tevis Gardenhire, Facilitator for Art is Motivation extending the term of the Agreement until March 31, 2011 ($3,000), a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA 227 of 349 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 228 of 349 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Tevis Gardenhire, Facilitator for Art is Motivation (AIM), with an address of 1118 S. Monterey Circle, Boynton Beach, FL 33436, hereinafter referred to as "PROVIDER". WITNESSETH: 7.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-65 is amended as set forth below. 8.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Agreement, Provider shall be entitled to reimbursement in an amount not to exceed $34,800 (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement 3. The PROVIDER does accept the term of the engagement shall continue until March 31, 2011. 229 of 349 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _____________________________ NOTARY PUBLIC My Commission Expires: 230 of 349 WITNESSES: _________________ BY:__________________________ Tevis Gardenhire, Facilitator _________________ Art is Motivation STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2011. _______________________________ NOTARY PUBLIC My Commission Expires: 231 of 349 7. A BIDS AND PURCHASES OVER $100,000 January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for "ANNUAL BID FOR SAFETY EQUESTED CTION BY ITY OMMISSION CLOTHING AND EQUIPMENT Bid # 007-1412-11/MFD to the following six (6) companies: Grainger, Miller Bearings, MSC Industrial Supply, Ritz Safety, Safety Products Inc. and Safety Zone Specialist on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $40,000. ER: On November 18, 2010, Procurement Services opened and tabulated nine XPLANATION OF EQUEST (9) bids for Safety Clothing and Equipment. All bids were reviewed by the Warehouse Manager. It was ”. determined to recommend this award in part to the six (6) companies as overall “LOW BID This bid will be for the period of January 5, 2011 to January 4, 2012 and allow for a one (1) year extension 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. Last year’s expenditures were $42,128. This year’s expenditures estimated at $40,000. H? This bid secures a source of supply for the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES purchase of various safety supplies. Safety supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $40,000 A: Obtain quotes on an “as needed” basis which are not as cost effective. LTERNATIVES 232 of 349 233 of 349 234 of 349 235 of 349 236 of 349 237 of 349 238 of 349 239 of 349 240 of 349 7. B BIDS AND PURCHASES OVER $100,000 January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R11-014 - Award EQUESTED CTION BY ITY OMMISSION Contract for “EZELL HESTER COMMUNITY CENTER RETROFIT SPORTS LIGHTING” Bid # 005- 2710-11/CJD to ELECTRICAL CONTRACTING SERVICES, INC. (ECI) of Hialeah, Florida, the lowest, most responsive, responsible bidder; in the amount of: $298,643.93 plus a 10% contingency of $29,864.39 for a total expenditure of: $328,508.32. ER: On November 15, 2010 Procurement received and opened four (4) XPLANATION OF EQUEST bid proposals for the project. The bid proposals were:  Electrical Contracting Services, Inc. $298,643.93  Himes Electric Company, Inc. $308,056.99  Davco Electrical Contractors Corp. $309,723.00  Imperial Electric, Inc. $315,750.20 As part of the schedule of values for each bidder an allowance line item was included to cover the cost of the Art in Public Places fee. After opening of the bids it was determined that the project is not subject to the Art in Public Places fee and the allowance line item is being struck from the bids. Staff has reviewed the bid proposals and recommends awarding the contract to Electrical Contracting Services, Inc. as the lowest, most responsive, responsible bidder. ECI’s work record was checked with Musco Lighting, the supplier and designer of the system. The company has worked with Musco for 15 years and has an excellent performance record in the installation of the same lighting systems. 241 of 349 H? As part of the Energy Efficiency OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Conservation Block Grant (EECBG) provided through the U.S. Department of Energy as part of the American Recovery and Reinvestment Act, the City Commission approved energy efficient retrofits at Ezell Hester Park as one of the projects under the grant. The interior lighting replacement portion of the grant project has been completed. We are now ready to begin the energy efficiency retrofits on the exterior lighting systems. Replacement of the exterior athletic lighting systems (ball fields & playground) will greatly reduce the electrical costs for the park resulting in an estimated cost savings of up to $7,000 a year. There will also be an estimated energy savings of 126,000 KWH per year which is equivalent to a greenhouse gas emissions (GHGE) reduction of 199,080 lbs. of CO2 per year. This project has been identified in the City’s Climate Action Plan to reach our overall GHGE reduction goals. FI: No fiscal impact, project budgeted in the Capital Improvement Program. ISCAL MPACT Funding for project is part of a Department of Energy Grant that is funded by the American Recovery and Reinvestment Act of 2009 (ARRA). City will receive reimbursement for project expenses. Costs will be charged to account 107-3602-572-62-01/ A: Not to replace the lights at Ezell Hester Park and jeopardize having grant LTERNATIVES funding withdrawn from the City by the Department of Energy. 242 of 349 243 of 349 244 of 349 BID TITLE: EZELL HESTER COMMUNITY CENTER ENERGY RETROFIT SPORTS LIGHTING BID NUMBER: 005-2710-11/CCJD PROJECT NUMBER: PWEN - 10 - 003 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _______ day of ________________, 20___, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the “CITY” or “OWNER” and ELECTRICAL CONTRACTING SERVICE, INC., a Florida Corporation ( X ) Check One a Florida General Partnership (____) a Florida Limited Partnership (____) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project (“Project”) identified by the bid title, bid number and project number listed above and commonly referred to as: EZELL HESTER COMMUNITY CENTER ENERGY RETROFIT SPORTS LIGHTING WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the 15th day of November, 2010, for the total bid amount of $298,643.93; and, WHEREAS, On the 4th day of January, 2010, the City Commission designated CONTRACTOR as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 90 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 245 of 349 1.AGREEMENT The Parties agree that: 1.1. The foregoing "Whereas" clauses are true and correct and incorporated 1.1.1. herein by this reference. The CITY hereby hires the CONTRACTOR to provide construction services 1.1.2. for completion of the Project. The CONTRACTOR hereby accepts this Contract and agrees to furnish the 1.1.3. necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in this Contract and the Contract Documents for the price and amounts set forth in Contractor’s bid. CONTRACTOR is an independent contractor as that term is set forth in the 1.1.4. General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. Unless otherwise provided, all time frames referenced in all Contract 1.1.5. Documents shall be calendar days. 2.SCOPE OF SERVICES 2.1.The Project consists of those improvements described and set forth in the Contract Documents. 2.2.The “Contract Documents” are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1.Advertisement for Bids 2.2.2.Instructions for Bidders 2.2.3.Bid Proposal 2.2.4.Bid Bond 2.2.5.General Conditions for Construction (GC) – all references to “GC” shall be to section numbers 2.2.6Special Conditions for City Furnished Materials 2.2.7Terms and Conditions for City Furnished Materials 2.2.8Construction Contract 2.2.9Certificate of Insurance 2.2.10Public Construction Bond 2.2.11Technical Specifications 2.2.12Contract Drawings and Plans 2.2.13Addenda 2.2.14Written directives or interpretations 2.2.15Manufacturers warranties 3.OBLIGATIONS OF CONTRACTOR 246 of 349 3.1.Contractor shall: 3.1.1.Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract. All of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1.Comply with provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 3.1.3.Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4.CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors’ work or subcontractor’s supplying of material to contractor and shall maintain records to establish such notice. A copy of said notice shall be provided to the City’s Project Manager at time of issuance. 3.1.5.Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7.Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8.Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, alleys, parkways and adjacent property as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9.Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10.Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor’s bid document. 3.1.11.Perform such other tasks as set forth in the Contract Documents. 3.1.12.Provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 247 of 349 3.2.The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at CONTRACTOR’S own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4.CITY’S OBLIGATIONS 4.1.The City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2.The City shall make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3.On satisfactory completion of the Project, the City shall provide a written final acceptance and payment for the entire project. 5.COMMENCEMENT OF WORK 5.1.CONTRACTOR hereby agrees to commence work under this contract within ten (10) calendar days of the Commencement Date specified in the written “Notice to Proceed,” ninety (90) and to achieve Substantial Completion without interruption within calendar days thereafter. 5.2.With respect to this Contract, time is of the essence. In the event the CONTRACTOR shall fail to: (1) timely commence the work following Notice to Proceed or (2) fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, for liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3.CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR’s bid proposal, and for such others as the Project Engineer may direct, and shall not employ any subcontractor that CITY may, within a reasonable time, object to as incompetent or as unfit. 6.LIQUIDATED DAMAGES $2,500.00 6.1.The CONTRACTOR agrees to pay per day as liquidated damages, for failure to begin within ten (10) days of CITY’s issuance of the “Notice to Proceed” or failure to ninety (90) achieve Substantial Completion within calendar days from the Commencement Date as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct such liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2.Punch list items recorded as a result of inspections for Substantial Completion are to be 248 of 349 corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7.PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1.The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR PROJECTS. 8.INDEMNIFICATION 8.1.The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2.CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY’S and CONTRACTOR’S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3.The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4.The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9.PAYMENT BY CITY 249 of 349 9.1.The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10.CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted At the City’s discretion, the City may make direct purchases of any accordingly. materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. _________ INITIALS All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager’s office before executing the Field Change Directive or Change Order. 10.2hange orders and adjustments shall be in writing and approved by the Project Manager, C otherwise, no claim for extras will be allowed. 10.3Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11.PROJECT ENGINEER 11.1.The Project Engineer (“Engineer”) is Andrew P. Mack, P.E., City of Boynton Beach. 11.2.The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3.As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with 250 of 349 CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4.In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12.INSURANCE 12.1.The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13.CONTRACT CONTROLS 13.1.This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2.In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14.TIME OF ESSENCE 14.1.Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15.REMEDY FOR DELAY 15.1.In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2.NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. 251 of 349 CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. _________ INITIALS 15.3.Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4.All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5.For the purpose of this section, the phrase “the CITY, its agents and employees” shall include but shall not be limited to the Project Engineer and Project Manager. 16.DISPUTES 16.1.Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. 252 of 349 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: _____________________________ ______________________________________ City Clerk City Attorney CONTRACTOR Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ President or Vice President _____________________________ ______________________________________ Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me, duly authorized to administer oaths, ______________________________________________ known to be the persons described herein or who has produced ______________________________ as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. _________________________________ Notary Public My Commission Expires: 253 of 349 254 of 349 255 of 349 256 of 349 257 of 349 258 of 349 259 of 349 260 of 349 261 of 349 262 of 349 263 of 349 264 of 349 265 of 349 266 of 349 267 of 349 268 of 349 269 of 349 270 of 349 271 of 349 272 of 349 273 of 349 274 of 349 275 of 349 276 of 349 277 of 349 278 of 349 279 of 349 280 of 349 281 of 349 282 of 349 283 of 349 284 of 349 285 of 349 286 of 349 287 of 349 288 of 349 289 of 349 290 of 349 291 of 349 292 of 349 293 of 349 294 of 349 295 of 349 296 of 349 From: Cherof, James Sent: Monday, November 29, 2010 12:17 PM To: LaVerriere, Lori; Coles-Dobay, Debby; Livergood, Jeffrey; Bressner, Kurt Cc: LeJeune, Carisse; Mack, Andrew; Swanson, Lynn Subject: AIPP/Hester Lighting Retrofit The Art in Public Places Program (AIPP) ordinance provides that: All development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this ordinance which have a construction value of $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a Public Art Fee. The definitions section of the ordinance provides limitation to the scope of the program. The term project is not defined, but other terms provide guidance. Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. Development means any construction, or redevelopment, or structural alteration of any private or public building within the limits of the City. Remodeling or conversion means alterations made to a building within any twelve month period, including, but not limited to, changes to the façade of a building, changes to the interior of a building, increases or decreases in the floor area of a building and changes to exterior improvements. I am of the opinion that the term "project" as used to establish a trigger for payment of the arts fee does not include the retrofitting of structures that are not buildings. The light poles that at the object of the Hester Center energy light pole retro fit are not buildings nor are they exterior improvements to the building and therefore the retrofit project is not subject to the Arts fee. This opinion is limited to my review of the scope of the Hester Center retrofit project and is not a precedent for other projects which may be subject to AIPP fees. My opinion is offered to assist the AIPP Administrator in reaching an opinion whether the Hester Center project is subject to the AIPP ordinance (and therefore fee). If uncertainty regarding the application of the AIPP ordinance remains, the City Commission can be asked to weigh in on its intent or to adopt amendments to the ordinance to limit or expand on the meaning of the term "projects". 297 of 349 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement of $9,000 in Bridgett Miller EQUESTED CTION BY ITY OMMISSION v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: None. Plaintiff Counsel: Yvette Trellis, Trellis Law, P.A. Incident: Motor vehicle accident on December 19, 2008. City driver travelling southbound on st NE 1 Lane and failed to yield right of way to Plaintiff traveling eastbound on E. Gateway Blvd. City driver cited for this accident. Plaintiff suffered injuries to her neck and back. Current medicals and lost wages are in excess of $24,000. Medicals are ongoing. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Recommendations for settlements of claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FI: ISCAL MPACT Settlement in the amount of $9,000 will be charged to the Risk Management budget expenses #522-1710-519-49.21, Self-Insured Losses, line item budgeted for claims payments for third party automobile liability self-insured losses. A: LTERNATIVES Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at in excess of $50,000. Defense trial legal costs are estimated at $20,000. CJM/Claimaut/MillerB01.doc 298 of 349 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Lori Laverierre Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: December 13, 2010 SUBJECT: Bridgett Miller v. City of Boynton Beach Date of Loss: December 19, 2008 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 25,000 Expenses: $ 20,000 Demand : Original: $ 100,000 Final: $ 10,000 Offer : Original: $ 4,500 Final: $ 9,000 SETTLEMENT$ 9,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ 9,392 $ -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 20,000 : $ 50,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : st Motor vehicle accident on December 19, 2008. City driver was traveling southbound on NE 1 Lane and failed to yield right of way to Plaintiff traveling eastbound on E. Gateway Blvd. City driver was cited for this accident. Plaintiff suffered injuries to her neck and back. Current medicals and lost wages are in excess of $24,000. Medicals are ongoing. Cjm/Claimaut/MillerB02.doc 299 of 349 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept settlement agreement with World Fiber EQUESTED CTION BY ITY OMMISSION Technologies in the amount of $35,000, to be paid to the City, for damage to a sewer force main along I- 95 ER: On June 8, 2009, a crew from World Fiber Technologies severely XPLANATION OF EQUEST damaged a 12-inch diameter sewer force main along the east side of I-95, while performing directional boring activities. The damage caused the release of approximately 190,000 gallons of untreated sewage into the environment. Fortunately, City staff and supplemental contract services were able to clean up the spill before it was able to reach surface waters. Total cost of the clean-up was $58,817. Subsequent to the cleanup, the City made a claim against World Fiber Technologies and their insurer, on the basis that World Fiber did not follow standard line location procedures in order to identify and avoid the force main. There has been a dispute between parties as to notification procedures for the work in the affected area. Negotiations have been ongoing since that time, with the most recent offer from World Fiber being $35,000. We are recommending that the settlement in this amount be accepted. H? No effect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. The $35,000 will partially reimburse the City for the cost of the cleanup. ISCAL MPACT A: LTERNATIVES 1. Reject the settlement offer and receive no reimbursement funds from World Fiber for clean-up costs. 2. Consider filing a lawsuit to recapture a larger settlement 300 of 349 301 of 349 9. A PUBLIC HEARING January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE O11-001 - FIRST READING - EQUESTED CTION BY ITY OMMISSION Approve the abandonment of a Utility Easement for The Peninsula at Boynton Beach project at 2660 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. ER: The applicant is requesting abandonment of a platted utility XPLANATION OF EQUEST easement at The Peninsula at Boynton Beach project located at the City’s northern limits. The Peninsula was approved on July 5, 2005 for 30 townhomes and 40 condominiums. In November, 2007, the Plat of Peninsula IPUD was approved, and recorded into public record in January, 2008. All easements indicated on the plat were dedicated to the City for public purposes. The plat also includes a pre-existing utility easement located on the east side of the site that previously served a lift station for the former mobile home park use on the property. The ten (10) foot-wide utility easement generally runs in a north-south direction then curves to the east, and contains approximately 1,422 square feet.A newly built 5-story condominium building encroaches the subject utility easement. Staff has determined that the utility easement does not contain any utilities and will not contain any utilities in the future, and therefore does not serve a public purpose. All utility companies have been notified and there were no objections to the requested abandonment. Engineering staff noted it is far simpler to approach this easement abandonment as submitted than to seek to re-plat the property. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\ABAN 11-001\Agenda Cover Sheet 010411.doc 302 of 349 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 10 FOOT WIDE BY 135 FEET LONG UTILITY EASEMENT, LOCATED AT 2660-2700 NORTH FEDERAL HIGHWAY, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Manuel Martinez of The Altman Companies, Inc., as agent for Boynton Real Estate, LLLP, is requesting that the City abandon a 10 foot wide by 135 feet long utility easement located at 2660-2700 North Federal Highway, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning & Zoning Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the utility easement does not contain any utilities and will not contain any utilities in the future and, therefore no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide by 135 feet long utility easement located at 2660-2700 North Federal Highway in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: Utility Easement approximately 135 feet in length and 10 feet in width located on parcels “G” and “J” of the plat of Peninsula IPUD, recorded in Plat Book 111, Page 15, of the Public Records of Palm Beach County, Florida Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 1,422 square feet more or less. A location map is attached hereto as Exhibit “A.” Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. 303 of 349 FIRST READING this ____ day of , 2011. SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide by 135 feet long utility easement located at 2660-2700 North Federal Highway in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: Utility Easement approximately 135 feet in length and 10 feet in width located on parcels “G” and “J” of the plat of Peninsula IPUD, recorded in Plat Book 111, Page 15, of the Public Records of Palm Beach County, Florida Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 1,422 square feet more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2011. ATTEST: CITY OF BOYNTON BEACH, FLORIDA 304 of 349 ___________________ _________________________ Janet M. Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2011. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 305 of 349 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-071 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: November 15, 2010 SUBJECT: The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. NATURE OF REQUEST Manuel Martinez of The Altman Companies, Inc., as agent for Boynton Real Estate, LLLP, property owner, is requesting to abandon a platted utility easement at 2660-2700 North Federal Highway. The subject property is classified Special High Density Residential (SHDR) land use and zoned Infill Planned Unit Development (IPUD). The Peninsula at Boynton Beach project was approved for 30 townhome units and 40 condominium units. The project is partially completed due to foreclosure, however the subject property has recently been purchased and further construction is planned. The location map attached as Exhibit "A” shows the general vicinity of the subject property at the City’s northern limits. The plat of Peninsula IPUD depicts the location of the utility easement on the subject property (see Exhibit “B”). The ten (10) foot-wide utility easement generally runs in a north-south direction then curves to the east, and contains approximately 1,422 square feet. A sketch and legal description of the subject utility easement is attached as Exhibit “C”. The easement requested to be vacated lies within platted parcels “G” and “J” on the east side of the subject property. The application submitted provides the following justification for the abandonment: “the platted easement is being vacated because it does not have any public utilities and will not have any public utilities in the future. The easement serves no public purpose. Further, a newly built 5-story building encroaches on this easement”. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Developed commercial property (Gateway Marina) within the Town of Hypoluxo, classified Residential-Multiple Family (RH) land use and zoned Commercial Marine (CM); Vacant property classified Special High Density Residential (SHDR) and South: zoned Infill Planned Unit Development (IPUD) with an approved master plan for a marina use (Casa del Mar Yacht Club); East: Right-of-way for the Intracoastal Waterway; and 306 of 349 West: Right-of-way for U.S. 1 and then right-of-way for Florida East Coast Railroad. BACKGROUND The project known as The Peninsula at Boynton Beach was approved on July 5, 2005 for 30 townhomes and 40 condominiums. In November, 2007, the Plat of Peninsula IPUD was approved, and recorded into public record in January, 2008. All easements indicated on the plat were dedicated to the City for public purposes. The plat includes pre-existing utility easements along the north and south property lines, as well as a pre-existing utility easement located on the east side of the site. The subject request is for abandonment of the easternmost utility easement shown on the plat. There are no existing utilities within the subject utility easement, and there are no utilities are planned, therefore it does not serve any public purpose. In addition, the existing 5-story condominium building encroaches the subject utility easement. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. All utility companies have been notified and the abandonment request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection (It is far simpler to approach this easement abandonment/vacation as submitted than to seek to replat the property). Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection AT & T - No objection Florida Public Utilities - No objection Comcast - No objection RECOMMENDATION Staff has determined that the subject utility easement does not contain any utilities and will not contain any utilities in the future and therefore does not serve a public purpose. Based on the above analysis, staff recommends APPROVAL of the applicant’s request to abandon the subject 10-foot wide utility easement. Staff does not recommend any comments in Exhibit “D” - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\ABAN 11-001\Staff Report.doc 307 of 349 EXHIBIT "D" Conditions of Approval Project name: The Peninsula at Boynton Beach File number: ABAN 11-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None 308 of 349 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Peninsula@Boynton Beach\ABAN 11-001\COA.doc 309 of 349 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Peninsula at Boynton Beach Abandonment of Utility Easement (ABAN 11- 001) APPLICANT’S AGENT: Manuel Martinez, The Altman Companies, Inc. AGENT’S ADDRESS: 1515 S Federal Hwy, Suite 300, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 18, 2011 TYPE OF RELIEF SOUGHT: The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 2660-2700 N Federal Hwy DRAWING(S): SEE EXHIBITS “B” AND “C” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ 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:__________________________ _____________________________________________ 310 of 349 City Clerk S:\Planning\SHARED\WP\PROJECTS\Peninsula@BoyntonBeach\ABAN 11-001\DO.doc 311 of 349 NOTICE OF PUBLIC HEARING NOTICE OF UTILITY EASEMENT ABANDONMENT NOTICE IS HEREBY GIVEN that the Planning and Development Board will conduct a public hearing on Tuesday, November 23, 2010 at 6:30 p.m. and the City Commission will also hold public hearingson Tuesday, January 4, 2011 and January 18, 2011 at 7:00 p.m., or as soon thereafter as the agenda permits, to consider the following: REQUEST: Approve The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. Utility Easement approximately 135 feet in length and Legal Description of Abandonment Request: 10 feet in width located on parcels “G” and “J” of the plat of Peninsula IPUD, recorded in Plat . Book 111, Page 15 of the Palm Beach County records All Public Hearings will be held at the City Hall Commission Chambers, 100 E. Boynton Beach Boulevard and all requests have been submitted by The Altman Companies, Inc. (agent), on behalf of Boynton Real Estate, LLLP (owner). All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact City Clerk (561) 742-6061, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: The Post November 13, 2010 S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\ABAN 11-001\LEGAL AD.doc 312 of 349 313 of 349 314 of 349 315 of 349 316 of 349 10. A CITY MANAGER’S REPORT January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the City of Boynton Beach FY2009/2010 Annual EQUESTED CTION BY ITY OMMISSION Grants Report. ER: The mission of the Grants Team is to enhance the achievement of XPLANATION OF EQUEST the City’s overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the City’s previous year’s grant activity. H? The Grants Team provides grant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Annual Report serves to document citywide efforts and identify focus areas for the next fiscal year. FI: In FY 2009/2010, departments submitted 15 applications for grant funding, ISCAL MPACT totaling $1,777,742; of the 15 applications: 8 ($480,090) have been awarded funding with contracts executed for Historic Preservation Public Education and Thermal Imaging Cameras applications were partially funded 5 ($1,260,151) are pending award notification 2 ($29,650) Not awarded A: Not accept the report. LTERNATIVES 317 of 349 318 of 349 319 of 349 320 of 349 321 of 349 322 of 349 323 of 349 324 of 349 325 of 349 326 of 349 327 of 349 328 of 349 329 of 349 330 of 349 331 of 349 332 of 349 333 of 349 334 of 349 335 of 349 13. A LEGAL January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-032 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Ratify City Commission action on street/roadway abandonments taken in the expansion/reconfiguration of POINCIANA ELEMENTARY SCHOOL expansion of their physical facilities ER: As noted in the proposed Ordinance whereas clauses, the City XPLANATION OF EQUEST Commission met with the Planning Department of the School Board of Palm Beach County in order to expand and create a new magnet program for Poinciana Elementary School and to expand their site in the 1992 to 1995 era. Certain roadways and easements were required to be abandoned in order to accomplish this. The City Commission at their meeting on September 19, 1995 held public hearings on these applications and approved all three (3) abandonment applications by unanimous vote. Unfortunately, the City Commission did not follow up their actions with accompanying Ordinances. This proposed Ordinance th is submitted to ratify previous actions taken in the abandonment of N.W. 12 Avenue (fka Lincoln th Avenue) and Washington Avenue (an unimproved roadway laying north of and parallel to N.W. 12 Avenue) to accomplish the expansion of expansion of physical facilities of Poinciana Elementary School. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Let verbal motions and approvals stand as presented at the September 19, 1995 City LTERNATIVES Commission meeting. 336 of 349 ORDINANCE NO. 10 – ____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING PREVIOUS MOTIONS OF APPROVAL ON POINCIANA ELEMENTARY TH SCHOOL LAND ACQUISITON AND ABANDONING N.W. 12 AVENUE AND A PORTION OF WASHINGTON AVENUE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission and the School Board of Palm Beach County met in 1992 in discuss the School Board’s effort to save Poinciana Elementary School in its designed to create a math/science technology magnet program for the school for grades pre-K through 5, and its effort to seek a grant from the Magnet School Assistance Program through the Federal Department of Education, and WHEREAS , the City Commission passed Resolution No. 92-209, which supported the School Board’s effort to remodel, expand the physical facilities and implement a magnet program at Poinciana Elementary School, and WHEREAS , the City Commission held a special workshop meeting on February 23, 1993 to review the draft contract on the Poinciana School area land acquisitions, and WHEREAS , the City Commission passed Resolution No. 93-091 on June 15, 1993 supporting the site expansion of Poinciana Elementary School, and WHEREAS , a Site Expansion Interlocal Agreement between the School Board of Palm Beach County, Florida and the City of Boynton Beach, Florida was approved on July 7, 1993 (Resolution No. 93-91) for the expansion of the Poinciana Elementary School site including the acquisition of area properties and the abandonment of roadways within the proposed school site expansion, and WHEREAS , the School Board via its Planning Department filed an abandonment application with the City’s Planning and Zoning Department (Application #95-007) in August, 1995 for the th abandonment of N.W. 12 Avenue (fka Lincoln Avenue), and WHEREAS , the City’s Planning and Development Board heard the application at their September 12, 1995 meeting and unanimously approved same, and WHEREAS , the City Commission held public hearings on this application and other abandonment applications for Poinciana Elementary School site improvements at their regular meeting of September 19, 1995, specifically for the abandonment of N.W. 12 Avenue (fka Lincoln Avenue), th Washington Avenue (an unimproved roadway lying north of and parallel with N.W. 12 Avenue), and a 6-foot Utility Easement along the west edge of these roadways, approving all three (3) abandonment applications by unanimous voice vote, and WHEREAS , the City Commission did not follow up with accompanying ordinances ratifying their unanimous approved motions of the September 19, 1995 meeting on these abandonments. 337 of 349 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. th Section 2. That the City Commission ratifies its previous decision to abandon N.W. 12 Avenue (fka Lincoln Avenue), west of Seacrest Boulevard right-of-way line to the east right-of-way line st of N.W. 1 Street. Section 3. That the City Commission ratifies its previous decision to abandon Washington thth Avenue (an unimproved roadway), located parallel and between N.W. 12 Avenue and N.W. 13 Avenue, west of Seacrest Boulevard right-of-way line to its western terminus thereof. Section 4. That the City Commission abandons a 6-foot utility easement located at the end of the above noted roadways, and behind Lots 508-517 of the Cherry Hills plat as recorded in Plat Book 4, Page 58, Public Records of Palm Beach County, Florida. Section 5. All ordinances or parts of ordinances in conflict herewith being and the same are hereby repealed. Section 6. Should any section or provision of this Ordinance or portion hereof, an paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby granted to codify this said Ordinance. Section 8. The Ordinance shall become effective immediately after passage. FIRST READING this day of , 20___. SECOND, FINAL READING AND PASSAGE this day of , 20___. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jose Rodriguez 338 of 349 Vice Mayor – Marlene Ross Commissioner – William Orlove Commissioner – Woodrow L. Hay Commissioner – Steven Holzman ATTEST: Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) 339 of 349 14. A FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider recommendation of Advisory Committee for EQUESTED CTION BY ITY OMMISSION renaming of Jaycee Park - 01/18/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 340 of 349 14. B FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Report to Commission on Canal Spraying program with EQUESTED CTION BY ITY OMMISSION cost analysis - 01/18/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 341 of 349 14. C FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Historic Preservation Implementation Program - 01/18/11 EQUESTED CTION BY ITY OMMISSION ER: At the December 7, 2010 City Commission meeting, Mayor Jose XPLANATION OF EQUEST Rodriguez requested that the City Manager have staff report back to the Commission with an implementation program based upon the recommendations of the Ad Hoc Committee for Historic Preservation. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 342 of 349 14. D FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Willis Retirement Services (SageView Advisory Group) EQUESTED CTION BY ITY OMMISSION Plan Review - 01/18/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 343 of 349 14. E FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint members to 7-member independent Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 02/01/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 344 of 349 14. F FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 345 of 349 14. G FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Noise Control Ordinance - First Reading - TABLED ON EQUESTED CTION BY ITY OMMISSION July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 346 of 349 14. H FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Live Entertainment Ordinance - First Reading - TABLED EQUESTED CTION BY ITY OMMISSION ON July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 347 of 349 14. I FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Geographic boundaries for City of Boynton Beach voting EQUESTED CTION BY ITY OMMISSION districts - (TBD) ER: The Boynton Beach City Charter, Article II. City Commission, Sec. XPLANATION OF EQUEST 17(g) Composition, election, terms, vacancies states that “Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly.” The last re-districting project was done in 2005 by the Florida International University Metropolitan Center at a cost of $35,200. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 348 of 349 14. J FUTURE AGENDA ITEMS January 4, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 4, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of a proposed committee to be assigned to EQUESTED CTION BY ITY OMMISSION explore a Green Market for the City of Boynton Beach in 2011 - TBD ER: The City Commission originally discussed this matter at the XPLANATION OF EQUEST November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market th Program outlined at their meeting of December 14. The CRA Board authorized the use of a consultant for a limited feasibility study with active participation of City and CRA staff in data gathering and discussion. H? Unknown at this time. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth ISCAL MPACT and Port St. Lucie Green Markets should be obtained. A: Information LTERNATIVES 349 of 349