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Agenda 06-21-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JUNE 21, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large William Orlove Vice Mayor – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV 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 282 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove CLOSED-DOOR EXECUTIVE SESSION COMMENCING AT 5 P.M. TO DISCUSS THE FOLLOWING THREE LAWSUITS WEST WAY TOWING, INC., Plaintiff, vs. CITY OF BOYNTON BEACH, Defendant, - Palm Beach County Circuit Court CASE NO. 50 2010 CA 029319 XXXX MB BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF BOYNTON BEACH, Defendant/Counter-Plaintiff/Third-Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third-Party Defendant. - Case No. 502008CA030196XXXXMB(AB) LISA BRIGHT, Plaintiff vs. CITY OF BOYNTON BEACH, AND JOSE RODRIGUEZ, Mayor of the City of Boynton Beach, Defendant – Palm Beach County Circuit Court – Case No. 502010CA017387XXXXMB AF 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. Announcement of July 4th Salute to Independence B. Allow presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session. C. Presentation of Citation for Capt. Gregory Youngberg for his valor, bravery and patriotism in the face of extreme danger. His parents Scott and Sophia Youngberg will be accepting the Citation on behalf of their son. D. Presentation of the Constitutional Tax Collector's Office "License to Drive" campaign. Presentation will be made by Anne M. Gannon, Constitutional Tax Collector. E. Announce FY 2011-2012 Budget Workshop Dates of July 11, 12, and 13, 2011. 3 of 282 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint a voting delegate to the Florida League of Cities' Annual Conference from August 11-13, 2011 B. 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. PROPOSED RESOLUTION NO. R11-065 A. - Approve Addendum to Contract with Willis of Florida for the one year renewal period as stated in the original RFP and to reduce the annual compensation for the renewal period by 10% to an annual amount of $86,400.00 for the FY 2011/12. PROPOSED RESOLUTION NO. R11-066 B. - Approve a contract with the Department of Geosciences at Florida Atlantic University for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach, RFP #052-2410-11/cjd in the amount of $27,000. PROPOSED RESOLUTION NO. R11-067 C. - Approve a two (2) year contract with United States Service Industries of Fort Myers, Florida for the Utilities Department Two Year Janitorial Services Contract, Bid No. 037-2821-11/CJD for an annual amount of $26,244. D. Approve the award to Garland/DBS, Inc. to re-roof the Art Center utilizing the pricing based on US Communities Contract Master Agreement No. 09-5408, adjusted for market pricing in South Florida in Proposal #US-FL-2011-052 for the amount of $79,935 and approve a 10% contingency of $7,994.00 for a total authorization amount of $87,929. E. Accept the written report to the Commission for purchases over $10,000 for the month of May 2011. F. Approve Change Order to increase PO#110403 to Graybar Electric for the purchase of Energy Efficiency Lighting Supplies under the US Communities Contract #MA-IS- 1140130-1, Commodity Code #285-93-00-047498 effective until 01/31/13 by $30,000 ($20,000 to $50,000). 4 of 282 G. Approve the minutes from the City Commission meeting held on June 7, 2011 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO. 11-018 - FIRST READING A. - Approve amendments to the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development Districts (PID). Applicant: City-initiated. 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS A. Consider the request from the Boynton Beach/Lantana Rotary Club to have Jaycee Park renamed Boynton Beach Rotary Park. B. Consider follow up information from staff regarding the naming of the Boynton Beach Child Care Center building in honor of Lena Rahming. C. Consider the recommendation from the review committee regarding the renaming of Veterans Park and Veterans Bicentennial Park. D. Continued discussion of process for City Manager search 12. NEW BUSINESS None 13. LEGAL PROPOSED RESOLUTION NO. R11-068 A. - Approve an Interlocal Agreement between the Northern Palm Beach County Improvement District and the City of Boynton Beach for the City's stormwater National Pollutant Discharge Elimination System (NPDES) Third Term permit. 5 of 282 B. Continued discussion regarding the Interlocal Agreement between City of Boynton (TABLED 6/7/11) Beach and Town of Gulfstream dated September 7, 2004 C. Request for discussion of future Advisory Board Appointments 14. FUTURE AGENDA ITEMS A. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD B. Amendment to City Code on temporary banners - 7/07/11. C. Economic Development Plan - TBD D. Modification to City's lobbying registration ordinance - 7/19/11 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. 6 of 282 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 July 4th Salute to Independence. EQUESTED CTION BY ITY OMMISSION ER: Salute to Independence Boynton Beach presents, Monday, July 4, 2011, XPLANATION OF EQUEST from 6:30 - 9:30 p.m. at Intracoastal Park. This is a FREE EVENT featuring a live concert by the AMBER LEIGH BAND from 6:30 p.m. until 9:00 p.m. There is a Patriotic Salute scheduled for 7:30 p.m. featuring the Fire Dept. Honor Guard and an address by Mayor Rodriguez. The Spectacular fireworks show begins at 9 p.m. featuring the world famous "Fireworks by Grucci". Food and beverage vendors will be on-site. Park and ride the shuttle from Bank of America on the NE corner of E. Ocean Avenue and N. Federal Hwy., the shuttle runs from 6:00 p.m. until 10:30 p.m. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 7 of 282 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Allow presentation by Florida Representatives Jeff EQUESTED CTION BY ITY OMMISSION Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session. ER: Informational only XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow the presentation. LTERNATIVES 8 of 282 9 of 282 10 of 282 11 of 282 12 of 282 13 of 282 14 of 282 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Presentation of Citation for Capt. Gregory Youngberg for EQUESTED CTION BY ITY OMMISSION his valor, bravery and patriotism in the face of extreme danger. His parents Scott and Sophia Youngberg will be accepting the Citation on behalf of their son. Captain Gregory Youngberg was one of three leaders planning EXPLANATION OF REQUEST : the helicopter assault during Operation Moshtarak, which was made up of 15,000 American, Afghan, Canadian, British and French troops. The attack plan he oversaw included about 900 Marine and Afghan forces on a cold, moonless night. For his efforts, the Boynton Beach native and Atlantic High School graduate was named the Marine Corps Aviation Association’s 2011 Aviator of the Year. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow presentation of citation LTERNATIVES 15 of 282 Gregory Youngberg Citation All who wear the uniform of the United States carry with them the proud legacies of those who have made our Nation great. Ordinary men and women of extraordinary courage have, since our earliest days, answered the call of duty with valor and unwavering devotion. America's sons and daughters have served with honor and distinction, securing our liberties and laying a foundation for lasting peace. One such patriot is Capt. Gregory Youngberg of Boynton Beach who fought in the thick of Taliban territory in Afghanistan, protecting 900 fellow Marines and Afghan forces from the cockpit of a missile- and rocket-loaded AH-1W Super Cobra attack helicopter. Whittling away at the Taliban stronghold for two weeks in February 2010, Youngberg's helicopter narrowly missed being shot at several times. His unit was charged with supporting Marines from the skies. Youngberg was one of three leaders planning the helicopter assault during Operation Moshtarak, which was made up of 15,000 American, Afghan, Canadian, British and French troops. The attack plan he oversaw included about 900 Marine and Afghan forces on a cold, moonless night. For his efforts, the Boynton Beach native and Atlantic High School graduate was named the Marine Corps Aviation Association’s 2011 Aviator of the Year. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize with this Citation Capt. Gregory Youngberg for his valor, bravery and patriotism in the face of extreme danger. 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 21st day of June, Two Thousand and eleven. 16 of 282 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Presentation of the Constitutional Tax Collector's Office EQUESTED CTION BY ITY OMMISSION "License to Drive" campaign. Presentation will be made by Anne M. Gannon, Constitutional Tax Collector. ER: In mid-2010, the Constitutional Tax Collector’s Office began XPLANATION OF EQUEST offering driver license services as mandated by the Florida Legislature. The passing of driver license services from the Department of Highway Safety and Motor Vehicles to local tax collectors is a big change and affects us all. The legislature provided no funding for public education and the Tax Collector’s Office needs help educating the community. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow presentation LTERNATIVES 17 of 282 18 of 282 19 of 282 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Announce FY 2011-2012 Budget Workshop Dates of July EQUESTED CTION BY ITY OMMISSION 11, 12, and 13, 2011. ER: The City Commission Budget Workshops for the FY 2011/2012 XPLANATION OF EQUEST Operating and CIP Budget will be held on the following dates/times: Monday July 11, 2011 1:00 pm to 8:00 pm Library Program Room Tuesday July 12, 2011 1:00 pm to 5:00 pm Library Program Room Wednesday July 13, 2011 9:00 am to 5:00 pm Library Program Room The Workshops are public meetings. The public is encouraged to attend. City staff will seek input and direction from the Commission at the July 5, 2011 Commission meeting regarding the format under which the Proposed FY 2011/2012 Budget will be presented. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 20 of 282 5. A ADMINISTRATIVE June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 a voting delegate to the Florida League of Cities' EQUESTED CTION BY ITY OMMISSION Annual Conference from August 11-13, 2011 ER: The Florida League of Cities’ Annual Conference will be held in XPLANATION OF EQUEST Orlando, Florida on August 11 through 13, 2011 at the World Center Marriott. Cities Work will be celebrated this year which will provide valuable educational opportunities to assist municipal officials in serving their citizenry. According to the League’s by-laws, each municipality’s vote is determined by population. The League is using the Estimates of Population from the University of Florida for 2010. These estimates are the same as the 2010 Census. It is important that each municipality designate one official as a voting delegate to elect the League leadership and adopt resolutions undertaken during the business meeting. The voting delegates make the decisions that determine the direction of the League. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: The alternative would be to not send a City official to vote on commemorative, LTERNATIVES constitutional or federal issues. 21 of 282 22 of 282 23 of 282 24 of 282 25 of 282 5. B ADMINISTRATIVE June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 26 of 282 27 of 282 28 of 282 29 of 282 30 of 282 31 of 282 32 of 282 33 of 282 34 of 282 35 of 282 36 of 282 37 of 282 38 of 282 39 of 282 40 of 282 41 of 282 42 of 282 43 of 282 44 of 282 45 of 282 46 of 282 47 of 282 48 of 282 49 of 282 50 of 282 51 of 282 52 of 282 53 of 282 54 of 282 55 of 282 56 of 282 57 of 282 58 of 282 59 of 282 6. A CONSENT AGENDA June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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. R11-065 - Approve EQUESTED CTION BY ITY OMMISSION Addendum to Contract with Willis of Florida for the one year renewal period as stated in the original RFP and to reduce the annual compensation for the renewal period by 10% to an annual amount of $86,400.00 for the FY 2011/12. CONTRACTPERIOD:O1,201130,2012 CTOBER THROUGH SEPTEMBER ER: On May 1, 2008, Procurement Services received and opened XPLANATION OF EQUEST seven (7) proposals in response to the RFP 086-1610-08/CJD for “Three Year Contract for Consulting Services for a Group Insurance Plan”. After a selection committee reviewed the submitted proposals, it was determined to recommend award to Willis of Florida as the most responsive, responsible proposer that met all criteria. On August 5, 2008, the City Commission awarded a three (3) year contract to Willis of Florida for the contract period of October 1, 2008 thru September 30, 2011 for an annual fee of $96,000. The General Conditions Section of the RFP contained a clause allowing the City to renew the contract with the same terms and conditions for an additional one (1) year period. The Agenda Item Request and the Contract did not address the one-year renewal clause. The City of Boynton Beach would like to renew the contract for an additional year. Willis of Florida has notified the Human Resources Department that to accommodate our budget goals, they will reduce their annual fee of $96,000.00 by 10% to $86,400.00 annually. The contract should accurately reflect the information that was included in the bid and an Addendum would address the one-year renewal at the reduced amount. 60 of 282 H? Willis of Florida provides valuable OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES assistance in the procurement, development and implementation of the City’s medical plans and benefits. Willis of Florida has assisted with competitive bid process for health benefits that resulted in a savings of approximately $1.4 million for the City with moving from Blue Cross to Cigna, also assisted with the bid process for Dental coverage resulting in an approximate savings to the City of $63,000 and assisted with renewal negotiations with Hartford for life, A&D coverage resulting in approximate savings of $67,000. FI: Extending our contract with Willis of Florida will result in savings of $9,600.00 ISCAL MPACT for consulting services in fiscal year 2011/2012 from fiscal year 2010/2011. The annual amount of $86,400.00 will be paid in monthly amounts of $7,200.00 from account 001-1610- 513-49-17. A: Issue a new Request for Proposal for Consulting Services for a Group LTERNATIVES Insurance Plan. Not recommended. The City is currently in the annual process of reviewing the various health benefit plans for the City. It would be advantageous to retain our current consultant for the additional one (1) year period. 61 of 282 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A FIRST ADDENDUM FOR THE ONE YEAR RENEWAL TO CONTRACT WITH WILLIS OF FLORIDA, INC., FOR CONSULTING SERVICES FOR A GROUP INSURANCE PLAN IN THE AMOUNT OF $86,400.00 FOR THE YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 1, 2008, Procurement Services received and opened seven (7) proposals to the RFP #086-1610-08/CJD for “Three Year Contract for Consulting Services for a Group Insurance Plan; and WHEREAS, the proposals were reviewed by a selection committee on May 22, 2008 and it was determined appropriate by staff to recommend award of this RFP to Willis of TN, Inc., d/b/a Willis of Florida whose response to RFP was the most responsive responsible proposer that met all the criteria; and WHEREAS, staff is recommending approval of a First Addendum for renewal of the contract as contained in the General Conditions Section of the RFP for one additional year at a 10% reduced cost of $86,400.00. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the First Addendum for a one year renewal of the contract for Consulting Services for a Group Insurance Plan with Willis of Florida, Inc., in the amount of $86,400.00 per year. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of June, 2011. CITY OF BOYNTON BEACH 62 of 282 ___________________________ Mayor – Jose Rodriguez ____________________________ Vice Mayor – William Orlove ____________________________ Commissioner – Woodrow L. Hay ____________________________ Commissioner – Steven Holzman ____________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 63 of 282 FIRST ADDENDUM TO CONSULTANT AGREEMENT FOR “THREE YEAR CONTRACT FOR CONSULTING SERVICES FOR EMPLOYEES GROUP INSURANCE PLAN” This First Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and WILLIS OF FLORIDA, INC., a Florida corporation, hereinafter referred to as “VENDOR” WITNESSETH: 1.The Consultant Agreement between the CITY and the VENDOR entered into the 11th day of August, 2008 is amended as follows: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and VENDOR agree as follows: Section 3. TIME FOR PERFORMANCE. Work under this contract shall commence October 1, 2011 thru September 30, 2012 . Section 4(a) Payment for the work provided by Consultant shall be made as provided on Exhibit “B” attached to original agreement, provided that the total amount of $86,400.00 payment to Consultant shall not exceed without express written modification of the agreement signed by the City. 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 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 64 of 282 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: 65 of 282 WILLIS OF FLORIDA, INC. WITNESSES: _________________ 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: 66 of 282 67 of 282 68 of 282 69 of 282 70 of 282 71 of 282 72 of 282 73 of 282 74 of 282 75 of 282 76 of 282 77 of 282 78 of 282 79 of 282 80 of 282 6. B CONSENT AGENDA June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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. R11-066 - Approve a EQUESTED CTION BY ITY OMMISSION contract with the Department of Geosciences at Florida Atlantic University for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach, RFP #052- 2410-11/cjd in the amount of $27,000. ER: In accord with Article II of the City Charter, Section 17(g), XPLANATION OF EQUEST Procurement solicited proposals from a total of eleven (11) four year colleges, universities and educational research institutes in the State of Florida for the purpose of preparing redistricting options for the Boynton Beach City Commission. Procurement received and opened two (2) proposals on May 31, 2011. These were from The University of West Florida in Pensacola and the Department of Geosciences at Florida Atlantic University in Boca Raton. A three member staff team has carefully reviewed both proposals and determined that each University fulfilled the requirements of the Request for Proposals (RFP) and has the capability to perform the required services. However, based on their proximity to the City of Boynton Beach and their lower fee for service, staff is recommending a contract with the Department of Geosciences at Florida Atlantic University. H? There should be no appreciable change in OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES city programs or services. FI: Other than the $27,000 cost of the contract, there should be no significant ISCAL MPACT fiscal impact. Funds are budgeted under account 001-1110-511-95-48 A: None. This is a requirement of the City Charter. LTERNATIVES 81 of 282 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF A CONSULTANT AGREEMENT WITH FLORIDA ATLANTIC UNIVERSITY’S DEPARTMENT OF GEOSCIENCES FOR 2011 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES IN THE AMOUNT OF $27,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article II, Section 17(g) of the City Charter, geographic boundaries for each voting district shall be designated, prepared and identified every four (4) years; and WHEREAS, on May 31, 2011, Procurement Services received and opened two (2) proposals to the RFP #052-2410-11/CJD for 2011 Redistricting of Geographic Voting Boundaries; and WHEREAS, the proposals were reviewed by staff and it was determined that the Department of Geosciences at Florida Atlantic University was the most responsive responsible proposer that met all the criteria. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the execution by the City Manager of a Consultant Agreement with Florida Atlantic University Department of Geosciences for the 2011 Redistricting of Geographic Voting Boundaries in the amount of $27,000.00, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of June, 2011. CITY OF BOYNTON BEACH ___________________________ Mayor – Jose Rodriguez 82 of 282 ____________________________ Vice Mayor – William Orlove ____________________________ Commissioner – Woodrow L. Hay ____________________________ Commissioner – Steven Holzman ____________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 83 of 282 84 of 282 85 of 282 CONSULTANT AGREEMENT FOR 2011 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the _Florida Atlantic University’s Department of Geosciences_________ City”, and , hereinafter referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.CONSULTANT PROJECT DESIGNATION. The Consultant is retained by the City to perform services in connection with the project designated. 2.SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and 5 months provide all work product required pursuant to this agreement no longer than from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4.TERM: This Agreement shall be for a period of Five months commencing on the date the Agreement is executed by the City. 5.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: a. The total contract price, as referred to herein, shall be the total amount of payment to consultant for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Consultant shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. d. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Consultant’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement 86 of 282 shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant’s endeavors. 7.COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8.INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 9.INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10.INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11.COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 87 of 282 ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: FAU Department of Geosciences 777 Glades Road Boca Raton, FL 33431-0991 ATTN: James Gammack-Clark 88 of 282 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Consultant Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 89 of 282 Exhibit “A” REQUEST FOR PROPOSAL SCOPE OF WORK Purpose Article II of the City Charter, Section 17(f), sets out the time frame for designating geographic boundaries, i.e. “…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) year 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 successful university contractor will assist the City of Boynton Beach Department of Development in preparing redistricting options for the City of Boynton Beach City Commission. Narrative Description of Tasks The scope of work involves a series of tasks set to begin in July 2011 and end in December 2011. Each task is described below. 1.Establishing the Redistricting Criteria It is understood that the City of Boynton Beach Commission has agreed to use the following criteria to guide the redistricting process: To the extent practical with existing precinct boundaries, achieve population equality among the districts. Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through case law. Follow major natural and manmade boundaries. Maintain integrity of communities of interest, including municipal boundaries. 90 of 282 Ensure compactness and contiguous districts. Preserve the core of the existing voter districts. Evaluate possible shift to Palm Beach County Election Precincts to achieve contiguity and coherence of City Commission Districts. 2.Data Collection Will acquire both the geographic and attribute information to support the redistricting analysis. The required redistricting data have three (3) main elements: geographic, demographic, and voting registration/election data. (1) Demographic Profiling Information 2010 U.S. Census Population Data (Public Law 94-171 Redistricting Data, Universe: Total Population). Source: U.S. Census Bureau 2010 U.S. Census Population Data for Racial/Ethnic Background (Public Law 94-171 Redistricting Data, Universe: Population of two or more races). Source: U.S. Census Bureau (2) Voter Registration and Election Information – In cooperation with the Palm Beach County Supervisor of Elections, the City of Boynton Beach Department of Development and the selected university contractor will obtain the most current Voter Registration information (gender, party affiliation, and racial composition) as well as election information from two previous elections as provided by the Palm Beach County Board of Elections Commission for the purpose of analyzing voter turnout. It is imperative that the voter registration and election information be provided at the precinct level (requiring that the dataset include the individual precinct number as well as the demographic information). Current voter Registration Data at the Precinct-Level: Information would include total registered voters, gender, racial and/or ethnic composition, and party affiliation. Source: Florida Legislature, Florida Redistricting Election Data Set (FREDS) or Palm Beach County Board of Elections. Format: dBase. Previous election information would include total number of registered voters by precinct who turned out for two elections as well as demographic information about the voter such as gender, racial composition, and party affiliation. Source: FREDS or Palm Beach County Board of Elections. Format: dBase. 91 of 282 Estimated Timeframe: July - September 2011 3.Data Integration to Generate Existing District Map and Support Maps The university contractor will integrate both the demographic and voting information with GIS maps of the City of Boynton Beach. The map layers will include precinct boundaries, census block query boundaries, roads and streets, and other geographic information. At a minimum, the following maps will be developed using this information: Map depicting Total Population Totals and Percentages by Existing Districts. Map depicting Racial Ethnic Composition Totals and Percentages by Existing Districts. Map depicting Racial/Ethnic Composition Totals and Percentages at Census Block Group Level. Map depicting Number of Registered Voters in each Existing District Map depicting Party Affiliation by Voting Precinct Map depicting Voting Turnout for past elections. The above referenced maps will be provided in digital format to the City in both PDF format and ArcGIS or MapInfo format for dissemination. The maps will be produced in both 11” X 17” and 36” X 44” media format for presentation purposes. Estimated Timeframe: July - September 2011 Meet With City Commissioners 4. The university contractor will meet with each Commissioner to identify and discuss concerns regarding the redistricting process. The format and schedule of the meetings will be based upon the following: Pre-Planning Meeting: Draft Review of Options Meeting: Final Review of Options Meeting: 5.Prepare and Present the Redistricting Option Maps to the City Commission The university contractor will prepare and present several redistricting options to the Boynton Beach City Commission for review and comments. Each Commissioner will be provided with a redistricting packet containing the following items: 92 of 282 Map overlay of Proposed District Boundaries, Major Roadways, and voting Precincts within the Districts. Racial/Ethnic Composition totals and Percentages by Proposed Districts. Table depicting voter-related information, such as number of registered voters per district, racial/ethnic composition of registered voters, total registered voters, and party affiliation assigned to in each proposed option will be provided only for redistricting options. In addition the university contractor will contact the Palm Beach County Elections Supervisor’s Office to ascertain if that agency is receptive to shifting or realigning election precincts to better balance City Commission Districts. Estimated Timeframe: September - October 2011 6.Review Process of Maps Submitted by Outside Parties Redistricting proposals will be provided in either PDF, ArcGIS, or MapInfo format that includes the following fields: 1)Census Block Number 2)Proposed District Number Assigned to that Census Block 3)Population Total for that Census Block 7.Review Recommendations for Revisions and Modify Approved Changes to the Redistricting Option Maps The university contractor will revise the redistricting options following input from City of Boynton Beach officials. Estimated Timeframe: November - December 2011 8.Presentation of the Final Version of the Redistricting Option Map(s) Based upon the comments and recommendations received from the Boynton Beach City Commissioners, the university contractor will present the final version of the Redistricting Options for final approval by the Commission. PDF format for dissemination to public and other interested parties. The university contractor will provide the ArcView GIS files to Boynton Beach GIS for its use in disseminating information to the public 93 of 282 Estimated Timeframe: November 2011 9.Submittal of Redistricting Map Approved by the City and Narrative Information Regarding District Boundaries The university contractor will provide approved redistricting option to the City of  Boynton Beach Engineering Department and the City will develop the legal narratives of each district boundaries. In the event that an outside party’s map is approved, the university contractor will  develop the map in ArcView GIS format. It is the responsibility of the outside party to provide the boundary narratives to the  City of Boynton Beach Department of Engineering. Estimated Timeframe: December 2011 Invoicing All materials and data files developed for the City under this agreement shall become the sole property of the City and shall be available to the City. Invoice for initial payment shall be sent to the Finance Director at City Hall for service rendered through the point of submission of boundary configurations to the appropriate city office or staff. Invoice for final payment shall be sent to the Finance Director at City Hall upon completion of the project. Completion shall be defined to mean the time when a Final Report has been made to the City Commission. 94 of 282 6. C CONSENT AGENDA June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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. R11-067 - Approve a EQUESTED CTION BY ITY OMMISSION two (2) year contract with United States Service Industries of Fort Myers, Florida for the Utilities Department Two Year Janitorial Services Contract, Bid No. 037-2821-11/CJD for an annual amount of $26,244.00. ER: The City of Boynton Beach advertised an invitation for bids for the XPLANATION OF EQUEST Utilities Department Two Year Janitorial Services Contract. The City received and opened seven (7) bids on March 23, 2011. The bids were reviewed by the Utilities staff and subsequently had purchasing request a clarification of the annual amount from each prospective vendor that included all requested services on a daily, weekly, monthly, quarterly and annual basis in order to compare annual costs for the requested services. United States Service Industries (USSI) was the lowest bidder. City staff reviewed the bids, analyzed the bidder’s qualifications, and performed the necessary due diligence. Staff concludes that the bid submitted by USSI is the lowest, most responsive bid. Expenses for this service for previous two (2) fiscal years and expenses to date in current fiscal year are as follows: FY 10/11 to date $33,307.20 FY 09/10 $49,960.80 FY 08/09 $49,257.66 H? USSI will provide the necessary janitorial OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services to the Utilities Department, and they will replace the current provider whose agreement expires July 29, 2011. The start date of the contract will be coordinated so there is no interruption in service. 95 of 282 FI: The total annual expenditures will be $26,244.00. Funding is available in Utilities ISCAL MPACT Account Numbers: 401-2811-536-49-17 (East and West Water Treatment Plants) 401-2821-536-49-17 (Administration Building) A: Since janitorial services are necessary to maintain the cleanliness and LTERNATIVES housekeeping of the Utilities Department’s facilities, there is no feasible alternative at this time. 96 of 282 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A TWO YEAR CONTRACT FOR JANITORIAL SERVICES FOR THE UTILITIES DEPARTMENT WITH UNITED STATES SERVICE INDUSTRIES, INC., OF FORT MYERS IN THE AMOUNT OF $26,244.00 ANNUALLY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on March 23, 2011 Procurement Services received and opened seven (7) bids in response to Request for Bid #037-2821-11/CJD, “Utilities Department Two Year Janitorial Services Contract”; and WHEREAS, City staff reviewed and the bids and it is recommended to award this bid to United States Service Industries, Inc., of Fort Myers, Florida which was the lowest, most responsive, responsible bidder who met all specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves a Two Year Contract for Janitorial Services for the Utilities Department in response to Request for Bid #037-2821-11/CJD with United States Service Industries, Inc., of Fort Myers, Florida with an annual expenditure of $26,244.00 and authorizes the City Manager to execute the Contract between the parties, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of June, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 97 of 282 Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 98 of 282 UTILITIES DEPARTMENT TWO YEAR JANITORIAL SERVICES CONTRACT THIS CONTRACT is entered into between the City of Boynton Beach, hereinafter referred to as “the _United States Service Industries (USSI) of Fort Myers, FL______ City”, and hereinafter referred to as “the Contractor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform janitorial services in connection with the bid designated. UTILITIES DEPARTMENT TWO YEAR JANITORIAL ,Bid # 037-2821-11/CJD SERVICES CONTRACT 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit “A” attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and unless an extension of provide all work required pursuant to this Contract until _______________2013, such time is granted in writing by the City . 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this Contract as follows: a.Payment for the work provided by contactor shall be made as provided on exhibit “A” attached hereto, provided that the total amount of payment to Contractor shall not exceed $_2,187.00 per month, $26,244.00 per year , without express written modification of the Contract signed by the City. Final payment of any balance due the Contractor of the total contract price earned will be made promptly after the completion of the work under this Contract and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work as provided on Exhibit “A”. The Contractor’s records and accounts pertaining to this Contract are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made upon request. 5. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract. 6. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor’s own employees, or third parties or damage to property occasioned by a negligent act, omission or failure of the Contractor. 99 of 282 7. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 (see Attachment ‘A”). 8. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 9. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Contract without the express written consent of the City. 12. NON-WAIVER. Waiver by the City of any provision of this Contract or any time limitation provided for in this Contract shall not constitute a waiver of any other provision. 13. TERMINATION. The City reserves the right to terminate this contract without cause effective thirty days from the date of the written notice. Liability of the bidder for any and all such violation(s) shall not be affected by any such termination and his surety as required by the bidding documents, shall be enforced for any additional cost incurred to complete the annual contract. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to this Contract, the surviving members of the Contractor hereby agree to complete the work under the terms of this Contract, if requested to do so by the City. This section shall not be a bar to renegotiations of this Contract between surviving members of the Contractor and the City, if the city so chooses. 100 of 282 14. DISPUTES. Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attention: Chris Roschek, Utilities Department Notices to Contractor shall be sent to the following address: Eldred (Skip) Spurgeon USSI 11220 Metro Parkway Suite 17 Fort Myers, FL 33966 16. INTEGRATED CONTRACT. This Contract, together with attachments or addenda, represents the entire and integrated Contract between the City and the Contractor and supersedes all prior negotiations, representations, or Contracts written or oral. This Contract may be amended only by written instrument signed by both city and Contractor. 17. RENEWAL: The initial term of this contract shall commence at the date of execution of the contract and expire two (2) years after that date with the option of two (2) additional one (1) year renewal periods as stated in original request for bid, subject to vendor acceptance, satisfactory performance, price and determination that renewal will be in the best interest of the City, at the City’s sole discretion. DATED this _____ day of _______________________ 2011 CITY OF BOYNTON BEACH __________________________ Name of Contractor ___________________________ __________________________ City Manager Signature __________________________ Title Attest/Authenticated: ___________________________ (Corporate Seal) City Clerk 101 of 282 Approved as to Form: Attest/Authenticated: ___________________________ __________________________ Office of the City Attorney Secretary 102 of 282 EXHIBIT “A” “UTILITIES DEPARTMENT TWO YEAR JANITORIAL SERVICES CONTRACT” SUMMARY OF WORK The City of Boynton Beach Utilities Department is requesting bids for janitorial services for three (3) facilities:  Utilities Administration Building 124 E. Woolbright Road o  East Water Treatment Plant 1620 S. Seacreast Boulevard o  West Water Treatment Plant 5469 W. Boynton Beach Boulevard o Administration Building The Administration Building is the primary office for utility management and field staff. This facility is made up of meeting and training areas, individual management offices, restrooms, and lunch areas. Field staff members enter and exit the facility throughout the day; their work environment related to wastewater, storm water, and water infrastructures make cleanliness and disinfection a priority. Water Treatment Plants (2) Each of the two (2) plants has office space, restrooms and break areas. The west plant also includes a series of laboratory rooms where water testing is performed. Cleanliness and sanitation are also a priority for these sensitive environmental work areas. The department is emphasizing the quality and care of janitorial services necessary to safeguard city employees and their customers. 103 of 282 SPECIFICATIONS FOR “UTILITIES DEPARTMENT TWO YEAR JANITORIAL SERVICES CONTRACT” GENERAL REQUIREMENTS 1. SERVICE PERFORMANCE The intent of this contract is to insure a high level of janitorial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the performance specifications as set forth in this contract will invoke remedial action. All areas serviced by this contract will be inspected routinely by the Maintenance Manager or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor’s Section 22, Materials and Equipment; Section 23, Quality Standards and performance meeting Workmanship; and Sections 24 through 29, Task Schedules as described herein. Any deviations or deficiencies noted by the Maintenance Manager will be brought to the attention of the Janitorial Services Report contractor through the use of the (see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become see Section 4, Contractual Performance subject to remedial action as outlined herein () . The twenty- four hour grace period may be extended in writing by the Maintenance Manager should extraordinary circumstances warrant such extension in his/her judgment. Section 17, Disputes. Disputes over inspections or deficiencies will be resolved in accordance with 2. WORK SCHEDULE Proposed Monthly Price Work is to be performed during Normal Operating Hours as noted in the Schedule for each facility unless otherwise noted or mutually agreed upon; see the Normal Operating Proposed Monthly Price Schedule Hours in the . A schedule will be furnished to the Utility Department and updated as necessary, indicating the name of the supervisor assigned to oversee the work and including the supervisor’s day and evening telephone numbers. Bidders must submit a complete list of janitorial materials, equipment, products and brands to be used; Section 22, Materials and Equipment see . Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the Utilities Department Maintenance Manager. The subcontractor, if approved, will be bound by the conditions of the contract between the City and the awarded contractor and will perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and request for emergency services will be directed to the contractor. All direction given to the subcontractor on the work site will bind the contractor as if the notice had been given directly to the contractor. 104 of 282 Contractor must provide a telephone number and a named contact person who can be reached during all working hours for emergencies and resolving problems. 4. CONTRACTUAL PERFORMANCE The contractor or his/her representative will meet with the Utility Department Maintenance Manager on a monthly basis, or more frequently if necessary, to discuss schedules, problems, needs, and mutual areas of concern. Janitorial Services Report The use of the will establish a system whereby notice is given by Utilities to the contractor indicating problems, complaints, and other contract discrepancies. The contractor will have one (1) twenty-four hour daily cycle immediately following notification by a Janitorial Services Report to correct a deficiency and request a re-inspection; if the contractor fails to pass the re-inspection prior to the next regularly scheduled cleaning date, the contractor will be notified by the City and will begin a fifteen (15) day probation period. Following the fifteen (15) day probation period, unresolved deficiencies or substandard performances will be cause for the City to issue a written seeSection21, Right to Terminate 30 day termination notice ( ). 5. WORK LOG The contractor’s supervisor will be required to maintain a daily work log showing deviations from the assigned work schedule, or when work assignments have not been completed. It will be the contractor’s responsibility to ensure that sufficient manpower is available to complete the assigned tasks irrespective of sickness, holidays, vacations, or other personnel matters. Relief personnel will be provided as necessary and work overtime as necessary, at no additional cost to Task Schedule the City, to ensure adherence to . 6. TRAVEL The City of Boynton Beach will not be responsible for any travel expenses. 7. CONTRACTOR RESPONSIBILITY Contractor will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. Contractor will be responsible for obtaining employee background checks, all necessary permits, licenses, and/or registration cards, I-9 Form (Employment Eligibility Verification) in compliance with see Section10, all applicable federal, state, and local statues pertaining to services as specified ( Personnel Requirements ). 8. TAXING RESPONSIBLITIES With submission of this bid proposal, the contractor understands that the City of Boynton Beach is not responsible for any federal, state, or locally mandated tax withholding associated with wages of the vendor’s employees and/or any of its subcontractors. 105 of 282 9. SUPERVISION The contractor shall provide at least one (1) on-site supervisor for each crew engaged in work under this contract with the following qualifications and responsibilities.  The on-site supervisor must be fluent in the English language.  The on-site supervisor’s qualifications shall be determined by a substantiated history of at least three (3) consecutive years of on the job janitorial experience, including at least one (1) year of supervisory experience in the field of janitorial services.  The on-site supervisor will be provided a pager and/or cell phone at the contractor’s expense and the number will be provided to the Utility Deaprtment.  The on-site supervisor will be responsible for the instruction and training of personnel in proper work methods and procedures.  The on-site supervisor will schedule and coordinate all services and functions as required by the Task Schedules contract and as specified in the with the Maintenance Manager.  The on-site supervisor shall be authorized by the contractor to accept and act on all directives issued by the Utilities Maintenance Manager. Failure of the on-site supervisor to act on said directives shall be sufficient cause for the City to give notice that the contractor is in default of the contract. 10. PERSONNEL REQUIREMENTS Persons employed by the contractor in the performance of services pursuant to this bid shall not be considered employees of the City, shall be independent thereof and shall have no claim against the City as to pension, workers compensation, unemployment compensation, insurance, salary, wages or other employee rights of privileges granted by operation of law or by the City of Boynton Beach and shall be 18 years of age or older. All The contractor may be working in areas containing sensitive or restricted information or materials. employees must be covered by a blanket fidelity bond in the amount of $10,000; a copy of which must be provided to the City upon notification of award. The contractor will provide uniforms to all employees. No employees will be allowed access to any area without a uniform. The minimum uniform will consist of a tee-shirt clearly identifying the company’s name and will be worn at all times while working on City premises. All employees assigned by the contractor shall be fully capable, experienced, and trained in the work they are employed to perform. They shall be physically able to do the work specified in the scope of services. Prior to any employee of the contractor commencing work, the contractor shall submit to the Maintenance Manager, the name, home address, date of birth, social security number, sex, race, drivers license number and background checks of all employees, including supervisors of the contractor for a Section 7, Contractor Responsibility background check as referred to per . 106 of 282 Only with clearance from the Maintenance Manager will the City issue an access card and a janitorial closet key for the Utilities Administration Building and East Water Treatment Plant. The access card and the janitorial closet key will be requested by the contractor upon arrival at these two (2) buildings and returned to the place of entry each and every day services are provided. Then and only then, may the contractor’s employees’ commence work. Entry to the West Water Treatment Plant will be requested by the contractor upon arrival; an access card or janitorial closet key is not necessary within the building. Staff members will be available for assistance if required and the contractor will notify staff when leaving the building. The contractor will be responsible for notifying the Maintenance Manager of any lost City issued access cards, keys or other forms of identification that may be issued and any costs incurred for their replacement. The contractor will be responsible for surrendering City issued access cards, keys and other forms of identification that may be issued at the time of termination or the end of the contract, or final payment will be withheld. The City will have and will exercise full and complete control over granting, denying, withholding, or terminating clearance for the contractor’s employees. Contractor’s employees whom the City deem careless, discourteous, or otherwise objectionable or who cannot meet standards required for security or other reasons will be prohibited from entering the building(s). 11. SECURITY AND ACCESS The contractor will work in several areas which are under secured access and other areas which are open to the public for meetings, rentals, and other uses. All secured areas shall be maintained in a secured condition and will be locked immediately upon the contractor completing their daily operations. Schedules of all public meetings and uses will be provided to the contractor on a monthly basis and updated as necessary. No exterior doors will be propped open at any time. Daily janitorial services cannot be performed or completed in various conference rooms or meeting areas until meetings have ended. The contractor’s operations will not interfere with these meetings. Meeting schedules will in no way diminish the contractor’s responsibility for cleaning the meeting areas after use. 12. KEY CONTROL Contractor shall adequately secure the keys, access cards, other entry devices, and codes provided by the City. Contractor shall maintain a record of the key numbers issued to its employees. Contractor shall not duplicate and shall not allow such items to be duplicated. 107 of 282 Any such item which becomes lost, missing, or stolen shall be immediately reported to the City representative by the contractor. Should the contractor lose or have stolen any keys or access cards issued to the contractor by the City, the cost of changing locks or keys to the buildings, rooms, or areas accessible by the lost or stolen keys will be deducted from the contractor’s invoice to the City for the work performed under this contract. 13. SPECIAL AND UNFORESEEN WORK Due to the generalized nature of the work under this contract, instances may occur where the Utility Department has need for additional cleaning and janitorial services outside the original intent of this contract. Requests for special work will be authorized in writing only through the Maintenance Proposed Monthly Price Schedule Manager under the section for the . An emergency contact number shall be supplied for emergency cleaning services. The contractor will be required to respond by phone within 30 minutes of the call and be on-site with one hour after contacted by the Maintenance Manager. 14. PROTECTION OF PUBLIC AND PRIVATE PROPERTY The contractor shall exercise all necessary caution to protect pedestrian traffic and all public and private property from injury and damage caused by the contractor’s operations. Any practice obviously hazardous in the opinion of the Maintenance Manager shall be immediately discontinued by the contractor upon receipt of either written or oral notice to discontinue such practice. The contractor shall comply with all OSHA and other Federal, State, and Municipal safety standards and policies. Contractor shall supply for the City’s review and approval Material Safety Data Sheets (MSDS) for all supplies used and shall maintain a MSDS book in the main janitorial closet in every complex. It shall be the responsibility of the successful bidder to maintain the following insurance coverage, but not limited to worker’s compensation insurance, property damage, liability insurance, vehicular liability insurance, during the time any of his/her personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to Attachment ‘A’ A.M. Best’s Key Rating Guide, latest edition (see ). 15. LOST AND FOUND ARTICLES Contractor will ensure that all articles found in City buildings or on City property by their employees while performing duties under this contract, will be returned to the Maintenance Manager no later than one work day after finding the item. 16. JANITORIAL CLOSETS AND UTILITIES Janitorial closets shall be kept orderly and clean at all times. City shall supply electric power and water without charge to the contractor. 108 of 282 Contractor will use the City’s utilities as needed, but without waste by ensuring all water supplies and light fixtures are turned off as cleaning is completed. 17. DISPUTES The contractor shall faithfully perform all work as set forth in these specifications. If the contractor fails to faithfully perform in accordance with the specifications, or if a dispute arises as to the quantity and/or Maintenance Manager quality of work completed, the reserves the right to withhold payment until such time that the performance dispute has been remedied. In case of any doubt or difference of opinion as to items to be furnished hereunder, the decision of the City Manager shall be final and binding upon both parties. 18. BONDING The successful bidder’s Bid Bond will be returned upon award and receipt of a Performance Bond by the City. If the awarded contractor fails to perform as agreed upon in the Invitation to Bid, the City shall be entitled to collect or retain part of bond; whichever is necessary to rectify the bidder’s unacceptable performance. 20. EXECUTION OF CONTRACT The successful bidder shall, upon written notification from the City, enter into a contract with the City for the performance of work awarded, and shall simultaneously provide the appropriate bonds, indemnities, and insurance required herein. 22. MATERIALS AND EQUIPMENT Green Seal CertifiedBio-Renewable All products/materials are to be or and approved by the City prior to their use. Failure to use the approved products/materials will result in a violation of the contract. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor’s responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Exceptions are items specified as “NO SUBSTITUTES”. The items to be furnished by the contractor will include, but not be limited to, the following:  All paper and soap products including paper towels, toilet paper, and soap. NO SUBSTITUTES: Toilet Tissue – RENO6125-WB, Single Roll, Bath Tissue, 2ply, 3 – ¾ x 4 Paper Towels – RENO6131-WB, Controlled Hand Roll Towel, White Hand Soap – RENO2544, Antibacterial Foam Soap, 1200ml – 2b Body Soap & Shampoo – RENO02493, Renown Gen II, 2000ml, Body/Hair Shampoo 109 of 282 Grit Soap – SPA2810-04, Grub Scrub Hand Soap w/Pumice, Flat Top Gallons  All deodorant blocks for urinals and manufacturer’s approved cleaner for water-free urinals.  All plastic liners for waste receptacles.  All cleaning materials and equipment necessary to complete specifications including wiping and dust rags, mops, brooms, buckets, vacuum cleaners, buffing machines, carpet extractors, and specialty equipment including waste collection containers.  A listing of all materials and equipment to be used shall be part of the proposal and shall be of industrial or commercial type.  A record of al Material Safety Data Sheets (MSDS) for those products/materials used or stored on City property shall be maintained at each complex at all times for public reference as outlined Section 14, Protection of Public and Private Property in . 23.QUALITY STANDARDS AND WORKMANSHIP The following statements indicate the general standards and workmanship to be furnished under this contract: Garbage/Trash & Recycling All garbage/trash and recycling from the interior and exterior of the facilities is to be gathered and not co-mingled and then placed into the appropriate carts and/or containers provided by the City. (Note: The collection of garbage/trash does not include the large trash barrels throughout the grounds of our parks. Also, nothing shall be removed from desks and/or tables as all trash/recycling must be in the appropriate receptacle or next to the receptacle marked as trash or recycling in order to be collected.) All garbage/trash and recycling collection containers are to be wiped out/down as necessary to provide a clean appearance and pleasant smell and then lined with a plastic bag of the appropriate size. Paper & Soap Dispenser Maintenance Section 22, All paper and soap dispensers will be filled with the specified products as noted in Materials and Equipment . The exteriors of all dispensers are to be washed or wiped down to remove all dirt, dust, and miscellaneous debris. Malfunctioning dispensers are to be marked with a note stating “Out of Order” and reported immediately to Utilities Maintenance Manager, Tony Lombardi, (561) 742-6421. Floor Cleaning – Hard Floors NOTE: Proper safety signage will be used for the safety of the buildings’ occupants and visitors should they appear when any Hard Floor Cleaning occurs. Hard floor cleaning will include open areas, in corners, behind doors, under the furniture, stairs, and stairwells. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. Dust mopped floors should be done with dust control treated mops or microfiber cloths. Wet mopping will present a clean floor that is free of streaks, smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only approved 110 of 282 cleaners/detergents will be used in the mop water for wet mopping hard floor surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. VCT (green vinyl type flooring) & Marble to be spray buffed to show a “Wet Look” gloss. Spray buffing shall only be accomplished after the floor is cleaned of all dirt or loose material. NOTE: VCT (green vinyl type flooring) is typically used, but not limited to stairwell steps. VCT & Marble to be refinished with floors being completely stripped of all wax to the original surface of the floor, resealed with an approved product, re-coated with a minimum of three (3) coats of an approved wax allow, each coat allowed to dry before applying the next coat, and buffed using an appropriate buffing machine to show a “Wet Look” gloss. Ceramic Tile grout will be machine scrubbed and damp mopped to lift embedded dirt and then sealed to minimize any odors from being absorbed into the porous grout. Floor Cleaning - Carpet Carpet vacuuming and cleaning will include open areas, in corners, behind doors, and under the furniture. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. Carpet vacuuming will be accomplished only with a properly maintained vacuum cleaner with a hepa- filtration system and will include carpeted floor mats; floor mats are not to be broom cleaned. Carpet is to be spot cleaned and cleaned only with an approved dry method extraction system. Heavy use carpet areas and carpeted mats will be cleaned to maintain a dirty-free appearance. Furniture Cleaning All vinyl, metal, and/or wood surfaces of furniture are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. Cloth surfaces of furniture will be spot cleaned with an approved dry method extraction system. Glass & Mirror Cleaning Glass and mirrored surfaces will be cleaned free from streaks, smears, and spots. Horizontal/Flat Surface Cleaning Horizontal/Flat surfaces shall be cleaned and/or dusted completely free of all loose and adhering or other foreign material on the original finish of a surface. A clean surface will appear both physically and visually clean, free from streaks, or other residue. Vent Cleaning All air conditioning supply and return air vents are to be wiped down with a treated soft cloth to remove all dust, dirt, and grime. PVC Blind Cleaning PVC Blinds are to be vacuumed on both sides with a soft-brush attachment. Water Fountain Cleaning Water fountains both on the interior and exterior of the facilities are to be cleaned and sanitized and all chrome is to be polished. Break Room Cleaning 111 of 282 Break room cleaning shall consist of Garbage/Trash & Recycling, Paper & Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal/Flat Surface Cleaning, and the cleaning and polishing of all chrome/metal fixtures, appliance exteriors including vending machines, and the cleaning and disinfecting of sinks to be free from dirt, food particles, grease, grime, and stains. Restrooms and Locker Room Cleaning NOTE: Water-free urinals will be cleaned in accordance with the manufacturer’s instructions. Restroom and locker room cleaning shall consist of Garbage/Trash & Recycling, Paper & Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal/Flat Surface Cleaning, and the cleaning and polishing of all chrome/metal fixtures, and the cleaning and disinfecting of all sinks, toilets, and urinals to be from dirt, grime, and stains. Janitorial Closets Janitorial closets will be clean with stock and equipment stored neatly. Trash and used materials/supplies including dirty mop water are not to be left in the closet at any time. All faucets/valves are left securely in the closed position. No lights are to be left on when the closet is not in use. Elevators Elevator doors and walls are to be cleaned of any dirt. Elevator floors are to be swept or vacuumed according to the type of flooring in the elevator. Exterior/Interior Window Cleaning Wash and squeegee dry all windows both on the exterior and interior leaving the glass streak-free. All dirt and dirty water must be wiped or rinsed off the window sills. 24. TASK SCHEDULES – DAILY TASKS (TASK “A”) (Refer to Section 24, Quality Standards and Workmanship for details.)  Garbage/Trash & Recycling  Paper & Soap Dispenser Maintenance  Floor Cleaning – Hard Floors to be Dust Mopped  Floor Cleaning – Carpet and Carpeted Floor Mats to be Vacuumed  Glass & Mirror Cleaning – Storefronts and Entranceways  Water Fountain Cleaning  Break Room Cleaning  Restrooms and Locker Room Cleaning  Janitorial Closets  Elevators 25. TASK SCHEDULE – WEEKLY TASKS TASK (“B”) (Refer to Section 24, Quality Standards and Workmanship for details.)  Floor Cleaning – Hard Floors to Wet Mopped  Floor Cleaning – Carpet to be Spot Cleaned  Furniture Cleaning – Wipe Down  Horizontal/Flat Surface Cleaning 112 of 282 26. TASK SCHEDULE – MONTHLY TASKS TASK (“C”) (Refer to Section 24, Quality Standards and Workmanship for details.)  Floor Cleaning – Hard Floors (VCT & Marble) to be Spray Buffed  Vent Cleaning 27. TASK SCHEDULE – QUARTERLY TASKS TASK (“D”) (Refer to Section 24, Quality Standards and Workmanship for details.)  Floor Cleaning – Hard Floors (Ceramic Tile) Machine Scrub Grout, Damp Mop, and Seal 28. TASK SCHEDULE – SEMI-ANNUAL TASKS TASK (“E”) (Refer to Section 24, Quality Standards and Workmanship for details.) Semi-annual tasks are to be completed in February and August. Scheduling will be coordinated with the Maintenance Manager and the Departmental Contact to ensure that no programming or rentals of the facilities are scheduled.  Floor Cleaning – Hard Floors (VCT & Marble) Refinished  Floor Cleaning – Carpet to be cleaned in its entirety; this is not spot cleaning  PVC Blind Cleaning 29. TASK SCHEDULE – ANNUAL TASK (TASK “F”) (Refer to Section 23, Quality Standards and Workmanship for details.) Annual task is to be completed in February. Scheduling will be coordinated with the Maintenance Manager and the Departmental Contact to ensure that no programming or rentals of the facilities are scheduled.  Exterior/Interior Window Cleaning 113 of 282 114 of 282 115 of 282 116 of 282 117 of 282 118 of 282 119 of 282 120 of 282 121 of 282 122 of 282 123 of 282 124 of 282 125 of 282 126 of 282 127 of 282 128 of 282 129 of 282 130 of 282 131 of 282 6. D CONSENT AGENDA June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 award to Garland/DBS, Inc. to re-roof the Art EQUESTED CTION BY ITY OMMISSION Center utilizing the pricing based on US Communities Contract Master Agreement No. 09-5408, adjusted for market pricing in South Florida in Proposal #US-FL-2011-052 for the amount of $79,935 and approve a 10% contingency of $7,994.00 for a total authorization amount of $87,929. ER: The existing flat-deck membrane roof of the Art Center is almost 20 XPLANATION OF EQUEST years old. The seams of the membrane material are deteriorating which allows for water penetration. The roof is at the end of its life and is failing. Staff is requesting to approve the US Communities (a nationwide Purchasing Cooperative) Proposal #US-FL-2011-052 to replace the existing roof with a built up roofing system. Attached is the proposal from Garland/DBS, Inc. in the amount of $79,935 for a new built up roofing system pricing was based on the US Communities Contract Master Agreement No. 09- 5408. The US Communities contracts have been competitively solicited and meet the City’s requirements for the competitive bid process. City staff is pursuing a letter from US Communities (Purchasing Cooperative) that their bidding procedure complies with Florida law as it relates to this specific procurement matter. Commission approval will be conditioned on subsequent approval by the City Attorney of a cover Agreement incorporating the terms and conditions of the underlying piggy-backed base agreement and Garland/DBS, Inc proposal to address issues such as resolution of disputes and litigation jurisdiction and venue. A City approved cover Agreement will substitute City of Boynton Beach for all references to Cobb County, Georgia. 132 of 282 H? Water intrusion from roof leaks will lead to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES interior damage of the building. Interior damage to drywall, air conditioning ducts, etc. could result in mold issues that could result in temporary closing of the building so that remediation can occur. FI: Funding budgeted in C.I.P. Account #304-4106-572-63.36/RP1102 in the ISCAL MPACT amount of $80,000, additional funding for contingency (if needed) will be covered in Account #302-4101-580-62.01/CP0812 (General Building Infrastructure Upgrades – Budgeted Amount = $50,000) . A: Continue to patch areas that appear to be the source of water intrusion. LTERNATIVES 133 of 282 134 of 282 135 of 282 136 of 282 137 of 282 138 of 282 139 of 282 140 of 282 141 of 282 142 of 282 143 of 282 144 of 282 145 of 282 146 of 282 147 of 282 148 of 282 149 of 282 150 of 282 151 of 282 152 of 282 153 of 282 154 of 282 155 of 282 156 of 282 157 of 282 158 of 282 159 of 282 160 of 282 161 of 282 162 of 282 163 of 282 164 of 282 6. E CONSENT AGENDA June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000 for the month of May 2011. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. H? Ordinance No.01-66, Chapter 2, Section OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining ISCAL MPACT processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 165 of 282 166 of 282 167 of 282 168 of 282 169 of 282 170 of 282 171 of 282 172 of 282 173 of 282 174 of 282 175 of 282 176 of 282 177 of 282 178 of 282 179 of 282 180 of 282 181 of 282 182 of 282 183 of 282 184 of 282 185 of 282 186 of 282 187 of 282 188 of 282 189 of 282 190 of 282 191 of 282 192 of 282 6. F CONSENT AGENDA June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 Change Order to increase PO#110403 to EQUESTED CTION BY ITY OMMISSION Graybar Electric for the purchase of Energy Efficiency Lighting Supplies under the US Communities Contract #MA-IS-1140130-1, Commodity Code #285-93-00-047498 effective until 01/31/13 by $30,000 ($20,000 to $50,000). ER: Since October 20, 2010, the Facilities Management Division has XPLANATION OF EQUEST started working on many small energy saving re-lamping projects. Listed below are examples of two projects that are still in progress for completion: 1) Fluorescent tubes (4 ft., 34watt T-12’s) are being replaced with 32watt T-8 fluorescent tubes along with the elimination of one of the two ballasts in the fixtures. The T-8 tubes and ballasts are necessary not only because the T-12s are no longer being manufactured, but also because they require less electricity. Areas that have been changed out include Public Works, City Hall, Madsen Center, and the Museum. 2) Rusted light fixtures that require quarterly maintenance are being replaced with self- contained, T-8 lighting fixtures for labor and energy savings. Areas that have been changed out include Warehouse, Fleet, and Parks. 3) Presently, the old walkway lights at the City Hall Complex are being replaced with fluorescent fixtures which will reduce the wattage from 36 to 13 watts per fixture. Also, the hallway lights at City Hall are undergoing small minor retrofitting of the sockets which allows for the wattage to be cut in half per fixture from 26 to 13 watts. 193 of 282 The US Communities Government Purchasing Alliance’s Contract #MA-IS-1140130-1 met the City’s procurement processes and was extended per the contract for the period 10/15/10 – 01/31/13. Furthermore, the new fixture retrofit will allow for the placement of one new ballast for each fixture instead of two ballasts that will cause overall energy consumption to be reduced by nearly 50%. In order to complete the City Hall Complex and standardize the lighting fixtures at the remaining City facilities, it is necessary to purchase additional energy efficient lighting supplies. H? The lighting upgrades will save on electric OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES costs not only based on the reduced amount of electricity the fixtures will draw, but because of the reduced amount of heat the new lights produce. This also allows the City to move closer to our sustainability goals regarding energy savings. FI: Funding is budgeted in C.I.P. Account #302-4101-580-62.01/CP0812 - ISCAL MPACT Municipal Building Energy/Environmental Initiatives for $100,000. A: Do not move forward with any further work. LTERNATIVES 194 of 282 195 of 282 196 of 282 197 of 282 198 of 282 199 of 282 200 of 282 201 of 282 202 of 282 203 of 282 204 of 282 205 of 282 206 of 282 207 of 282 208 of 282 209 of 282 210 of 282 211 of 282 212 of 282 6. G CONSENT AGENDA June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 June 7, 2011 The City Commission met on June 7, 2011 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A 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 213 of 282 214 of 282 215 of 282 216 of 282 217 of 282 218 of 282 219 of 282 220 of 282 221 of 282 222 of 282 223 of 282 224 of 282 225 of 282 226 of 282 227 of 282 228 of 282 229 of 282 230 of 282 231 of 282 232 of 282 233 of 282 234 of 282 9. A PUBLIC HEARING June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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. 11-018 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development Districts (PID). Applicant: City-initiated. ER: A cigar retailer desires to open a business in the City and has XPLANATION OF EQUEST chosen a vacant commercial bay located in a project named Quantum Park & Village South, within a mixed-used pod of the Quantum Park Planned Industrial Development (PID zoning). The retailer’s proposed business plan includes the retailing of cigars and related merchandise, and the on-site consumption of alcohol. The proposed use would be a “cigar bar”, which would be categorized and regulated as a “bar / night club.”In 2002, the subject site was approved for a mixed use development containing 234 residential units and over 132,000 square feet of commercial space. Mixed Use Pods are unique in that they allow for a varied range of retail and commercial service uses, but the uses that are allowed in the Mixed Use Pod are directly related to those uses allowed within the C-1, C-2, and C-3 zoning districts. More specifically, any permitted use in any of the three aforementioned zoning districts would also be permitted within the Mixed Use Pod of a PID. A cigar retailer is a permitted use in the C-3 zoning district, and therefore, would be allowed in the Mixed Use Pod of a PID. With respect to conditional uses however, the Mixed Use Pod provisions are more restrictive. Conditional uses in the C-1 and C-2 districts are permitted uses within the Mixed Use Pods; however, any conditional use in the C-3 district is not allowed in the Mixed Use Pod, either permitted or conditionally. In the C-3 district, a cigar bar (bar / night club) requires conditional use approval, and therefore, would not be allowed in the Mixed Use Pod. The subject regulations were originally drafted through a collaborative effort of Quantum Park developers and city staff, which final product was influenced more by the different compromises made and ultimate consensus reached between the two parties, than by the framework of existing zoning regulations. The recent 235 of 282 inquiry by an interested business operator has led to the discovery of this inconsistency. This code amendment would modify that particular restriction so that cigar bars (or any type of bar / night club) would be allowed as a conditional use in the Mixed Use Pod, consistent with the C- 3 zoning regulations as well with the newer Suburban Mixed Use (SMU) zoning district. Both mixed use districts have similar design and development standards, and intended development patterns. Please see the accompanying staff report for the specific wording to be added to the Land Development Regulations to codify this proposed amendment. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: New businesses accommodated to contribute to property values, permit ISCAL MPACT revenues, and business tax revenues. A: Not approve subject code amendment or approve with changes. LTERNATIVES 236 of 282 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3, ARTICLE IV, SECTION 3(C)(6)(B), “USES ALLOWED” TO ALLOW BARS AND NIGHTCLUBS AS CONDITIONAL USES ON PROPERTIES LOCATED WITHIN MIXED USE PODS OF PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS (PID); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development districts (PID) which would increase internal consistency (with other similar mixed-use zoning districts) and further business and economic development; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to allow bars and nightclubs as conditional uses on properties within Mixed Use Pods of Planned Industrial Development districts (PID). NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 3, Article IV, Section 3.C.6.b of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 3, Article IV, Section 3.C.6.b b. Use(s) Allowed in Mixed Use Pod . Mixed-Use Pod within the PID district shall contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID district: 1) Townhouse and /or multi-family residential; 2) Commercial / retail; and 3) Business and professional offices. (1) Townhouse and / or multi-family residential; (2) Commercial / retail; and 237 of 282 (3) Business and professional offices. Townhouse and multi-family residential, if located on parcels fronting on an arterial roadway, shall be integrated into a mixed-use project (vertical or horizontal), including one (1) or more of the uses listed below. The intent of this provision is to further the intent and purpose of both the PID district and Mixed-Use Pod regulations by requiring developments along the streetscape that benefit motorists and pedestrians alike, through proper orientation, visual attributes, desirable commercial, retail, and office uses and services. Allowable uses within the Mixed Use Pod shall be limited as follows: (1) Any permitted use in the C-1, C-2, or C-3 zoning districts is considered permitted in the Mixed Use Pod; (2) Any conditional use in the C-1 or C-2 zoning district shall require conditional use approval in the Mixed Use Pod; and (3) Bars and nightclub establishments shall require conditional use approval in the Mixed Use Pod. Allowed uses within the Mixed-Use Pod shall be limited to those conditional and permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3 zoning district as indicated by the Use Matrix Table 3-28 below. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. 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 – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ 238 of 282 Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 239 of 282 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 11-017 TO: Chair and Members Planning & Development Board FROM: Eric Lee Johnson, AICP Planner II THROUGH: Michael Rumpf Planning and Zoning Director DATE: May 18, 2011 RE: Cigar Bar in Mixed Use Pod CDRV 11-005 OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives (the attraction and retention of businesses, and response to changes in the economic environment); 2. Sustainability initiatives (to further general energy conservation and/or the specific recommendations of the Climate Action Plan or for general energy conservation); 3. Internal consistency (those amendments warranted to address identified internal inconsistencies or errors); 4. Regulatory compliance (responses to changes in State and / or county laws and regulations); and 5. Implementation feedback (those adjustments in standards, regulations, and processes necessary to meet original or current objectives and vision). NATURE OF REQUEST Amend the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development districts (PID). The proposed request would increase internal consistency (with other similar mixed-use zoning districts), and further business and economic development. 240 of 282 BACKGROUND A cigar retailer desires to open a business in the City and has chosen a vacant commercial bay located on property known as Quantum Park & Village South. The retailer’s proposed business plan includes the retailing of cigars and related merchandise, and the on-site consumption of alcohol. Based on discussions with representatives from the establishment, staff determined that the proposed use would be a cigar bar, which would be categorized and regulated the same as a “bar / night club.” The Quantum Park & Village South master plan is zoned PID with a Quantum Park land use option of Mixed Use (MU). In 2002, the subject site was approved for a mixed use development containing 234 residential units and over 132,000 square feet of commercial space. Mixed Use Pods are unique in that they allow for a varied range of retail and commercial service uses, but the uses that are allowed in the Mixed Use Pod are directly related to those uses allowed within the C-1, C-2, and C-3 zoning districts. More specifically, any permitted use in any of the three aforementioned zoning districts would also be permitted within the Mixed Use Pod of a PID. A cigar retailer is a permitted use in the C-3 zoning district, and therefore, would be allowed in the Mixed Use Pod of a PID. With respect to conditional uses however, the Mixed Use Pod provisions are more restrictive. Conditional uses in the C-1 and C-2 districts are permitted uses within the Mixed Use Pods; however, any conditional use in the C-3 district is not allowed in the Mixed Use Pod, either permitted or conditionally. In the C-3 district, a cigar bar (bar / night club) requires conditional use approval, and therefore, would not be allowed in the Mixed Use Pod. The subject regulations were originally drafted through a collaborative effort of Quantum Park developers and city staff, which final product was influenced more by the different compromises made and ultimate consensus reached between the two parties, than by the framework of existing zoning regulations. The recent inquiry by an interested business operator has led to the discovery of this inconsistency. This code amendment would modify that particular restriction so that cigar bars (or any type of bar / night club) would be allowed as a conditional use in the Mixed Use Pod, consistent with the C-3 zoning regulations as well with the newer Suburban Mixed Use (SMU) zoning district. Both mixed use districts have similar design and development standards, and intended development patterns. In both districts, the conditional use process affords the City an opportunity to more closely examine each proposed bar and nightclub establishment on a case-by-case basis to ensure compliance with minimum code requirements as well as compatibility with the residential components of the development. Proposed Changes: Part III (LDR), Chapter 3, Article IV, Section 3.C.6.b b. Use(s) Allowed in Mixed Use Pod . Mixed-Use Pod within the PID district shall contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID district: 1) Townhouse and /or multi-family residential; 2) Commercial / retail; and 3) Business and professional offices. (1) Townhouse and / or multi-family residential; (2) Commercial / retail; and (3) Business and professional offices. 241 of 282 Townhouse and multi-family residential, if located on parcels fronting on an arterial roadway, shall be integrated into a mixed-use project (vertical or horizontal), including one (1) or more of the uses listed below. The intent of this provision is to further the intent and purpose of both the PID district and Mixed-Use Pod regulations by requiring developments along the streetscape that benefit motorists and pedestrians alike, through proper orientation, visual attributes, desirable commercial, retail, and office uses and services. Allowable uses within the Mixed Use Pod shall be limited as follows: (1) Any permitted use in the C-1, C-2, or C-3 zoning districts is considered permitted in the Mixed Use Pod; (2) Any conditional use in the C-1 or C-2 zoning district shall require conditional use approval in the Mixed Use Pod; and (3) Bars and nightclub establishments shall require conditional use approval in the Mixed Use Pod. Allowed uses within the Mixed-Use Pod shall be limited to those conditional and permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3 zoning district as indicated by the Use Matrix Table 3-28 below. CONCLUSION / RECOMENDATION Staff determined that modifying the above Mixed Use Pod provisions would allow bars and night clubs into the Mixed use Pod (as conditional uses). This would increase the consistent treatment of like uses in generally similar mixed-use zoning districts, and avail the City the opportunity to promote innovative ways of attracting new businesses thereby strengthening its economic base, while still reserving the authority to deny any applications that are found to be noncompliant or would otherwise fail to meet the intent of the City’s performance standards. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-005 Cigar Bar in Mixed Use Pod\Staff Report.doc 242 of 282 11. A UNFINISHED BUSINESS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 the request from the Boynton Beach/Lantana EQUESTED CTION BY ITY OMMISSION Rotary Club to have Jaycee Park renamed Boynton Beach Rotary Park. ER: At the February 1, 2011 meeting, the City Commission requested XPLANATION OF EQUEST that staff contact the Boynton Beach/Lantana Rotary Club regarding their interest in having Jaycee Park renamed Boynton Beach Rotary Park. In summary, a “review committee” was appointed by the Commission to consider and make recommendations regarding two requests to rename Jaycee Park, including the request from the Rotary Club. The review committee recommended not changing the name. However, since the Rotary’s original request made reference to a willingness to “commit to a monetary requirement to secure this project”, the Commission requested that staff receive more detailed information. The Rotary Club provided this information, and is willing to help maintain the park (details on the attached letter from the Rotary Club) and make an annual donation of $250. H? No affect on programs or services OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: A new sign will cost approximately $5,000-$6,000 ISCAL MPACT A: 1) Accept the recommendation from the “review committee” and don’t change LTERNATIVES the name; 2) Accept the offer from the Rotary Club, and rename the park as per their request. 243 of 282 244 of 282 11. B UNFINISHED BUSINESS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 follow up information from staff regarding the EQUESTED CTION BY ITY OMMISSION naming of the Boynton Beach Child Care Center building in honor of Lena Rahming. ER: At the June 6, 2001 meeting, the City Commission received a XPLANATION OF EQUEST recommendation from the “review committee” to rename the Boynton Beach Child Care Center building in honor of Lena Rahming. The “review committee” was appointed by Commission as part of the process to consider naming and/or renaming City facilities. However, there was ambiguity regarding Lena Rahming’s legal name. Consequently, the Commission requested staff to confirm Lena’s legal name. Attached are three documents provided by the family to attest that the legal name of the proposed honoree is Lena Rahming. H? No affect on programs or services OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: A new sign will cost approximately $2,000-$3,000 ISCAL MPACT A: Not to rename the Boynton Beach Child Care Center. LTERNATIVES 245 of 282 246 of 282 247 of 282 248 of 282 11. C UNFINISHED BUSINESS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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 the recommendation from the review committee EQUESTED CTION BY ITY OMMISSION regarding the renaming of Veterans Park and Veterans Bicentennial Park. ER: At the March 1, 2011 meeting, the City Commission requested that XPLANATION OF EQUEST the process to consider renaming various facilities be initiated. Among the recommendations being considered was the renaming of either Veterans Park or Boat Club Park in honor of Harvey Oyer, Jr. As per the established process, after staff determined that the proposals to rename these facilities adhered to the stated criteria, the naming and renaming proposals were forwarded to a review committee composed of the following individuals: Steve Waldman Education & Youth Advisory Board Corey Cook Recreation & Parks Advisory Board Betty Pierce-Roe Recreation & Parks Advisory Board Victor Norfus Community Relations Board Jean Young Senior Advisory Board Kay Cregan Senior Advisory Board There was much discussion regarding which park should be renamed in honor of Mr. Oyer. The review committee considered the Oyer family’s preference to have Boat Club Park renamed in honor of their father (email from Harvey’s son is included for reference), but the majority voted to recommend renaming Veterans Park in honor of Mr. Oyer. Concurrently, the committee also supported the recommendation to rename Veterans Bicentennial Park to Veterans Park. H? No affect on programs or services OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 249 of 282 FI: A new sign will cost approximately $5,000-$6,000 ISCAL MPACT A: Do not accept the recommendation from the review committee to rename LTERNATIVES Veterans Park in honor of Harvey Oyer, Jr., and renaming Veterans Bicentennial Park to Veterans Park. 250 of 282 251 of 282 11. D UNFINISHED BUSINESS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Continued discussion of process for City Manager search. EQUESTED CTION BY ITY OMMISSION ER: The Mayor has requested the City Commission discuss search options for XPLANATION OF EQUEST a new City Manager appointment. Human Resources staff has prepared the following list of options for the Commission’s discussion: Option 1: Officially announce the City Manager job vacancy through the posting of an Employment Opportunity notice on the City’s website.  Require individuals desiring consideration for employment to submit an Application for Employment, to Human Resources via the City’s website.  Internal and external candidates apply  Obtain Ft. Lauderdale’s City Manager applications and applications received from other cities in Florida who recently hired a City Manager. Solicit the candidates and ask them to apply on line if they are interested.  Send announcement to Florida League of Cities, ICMA, FPPA and other public sector agencies  All information provided in the Application for Employment will be subject to verification.  Review and evaluate all applications based on, but not limited to; relative qualifications, knowledge, abilities, skills, education, degree requirements, experience, and certifications or licenses required in accordance with current classification specifications.  City Commission interviews and select new City Manager Estimated timeframe: 4 to 6 months Option 2: 252 of 282 Six (6) month trial period for Interim City Manager, Lori LaVerriere, allowing time to evaluate her leadership and administrative skills and capabilities. Upon completion of the trial period decide if the position should be posted or if Ms. LaVerriere should be permanently promoted into the City Manager position. Estimated Timeframe: 6 months Option 3: Utilize Workforce Alliance’s new department; Talent Acquisition. According to Gene Wheeler, Senior Director, Transition Services, Workforce staff have been trained on “data mining” which enables them to conduct a nationwide search for job candidates that match our needs. This capability in the past has only been available through large executive talent search firms. They also provide a battery of assessments to identify the competencies that match our needs. Workforce Alliance has already provided the following profiles: Candidate Number One Profile: Twenty-five years of progressively responsible experience in growth-oriented public sector environment, including working for one of the fastest growing metropolitan areas in Florida, 11 years as a County Manager for one of the top fastest growing areas. Education: Law Degree, with a B.A. in History and Political Science Candidate Number Two Profile: Presently a City Manger, that reports to a five member City Commission that includes the Mayor and Commission President. The city’s annual budget is nearly $91 million with an additional $11 million dedicated to capital projects within the City’s Urban Renewal District. Education: Law Degree with a B.S. in Administration of Justice, Cum Laude Estimated timeframe: 3-6 months Option 4: Advertise on Monster.Com and other websites.  The average price for a sixty (60) day local posting on Monster is $288. Most job seekers enter a location when they search Monster.  We can also purchase a resume license to search resumes nationwide, reviewing up to 100 resumes for $585. It is possible to determine if they want to relocate prior to reviewing the resume. Estimated timeframe: 3-6 months Option 5 Utilize an executive search firm. The cost of services varies depending on the scope of services included. This would require the issuance of an RFP. Typically, the services include the following: 1.Prepare position profile following discussions with City Commission and Staff. 2.Prepare the position announcement in cooperation with the City. 3.Do direct solicitation of possible candidates by letter or e-mail. (Each search firm has a number of professionals who are registered with them or the firms are aware of well-qualified city managers who they can contact directly.) 4.Accept the resumes/applications for position. – Note any applications received outside this process should be referred to the search firm. 253 of 282 5.Perform an initial screening of candidates and provide desired short list of candidates to the client to make a determination of whom to interview. (The client can always ask for copies of all applicants to independently review and add anybody else to the interview list.) 6.Based on the client’s wishes for Florida-specific candidates and criteria for travel reimbursement for interviews; the search firm contacts individuals for interviews. For example, if the City says no to travel expenses for the interview, the candidates need to know this to make an informed decision as to accepting an invitation. 7.Preliminary background and reference checks of all chosen for interviews. 8.Preparation of interview packet for the City Commission with resume and synopsis of background, etc. 9.Coordination of getting applicants to interview and structuring the interview process, questions, etc. 10.Follow-up with successful candidate and coordination of contract negotiation with the City as requested. This also can be handled by the City Attorney and the candidate directly. Estimated timeframe: 6-9 months H? TBD. Depends on selected option and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES process. FI: TBD. Depends on selected option and process. ISCAL MPACT A: Consider additional and/or modified options. LTERNATIVES 254 of 282 13. A LEGAL June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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. R11-068 - Approve an EQUESTED CTION BY ITY OMMISSION Interlocal Agreement between the Northern Palm Beach County Improvement District and the City of Boynton Beach for the City's stormwater National Pollutant Discharge Elimination System (NPDES) Third Term permit. ER: Palm Beach County has a cooperative program involving forty (40) XPLANATION OF EQUEST co-Permittees, the Florida Department of Environment Protection (FDEP), and the United States Environmental Protection Agency (EPA) to administer annual stormwater NPDES permitting. Northern Palm Beach County Improvement District (NPBCID) acts as the lead permittee for the Palm Beach County group, and the City of Boynton Beach participates as one of the co-permittees. A Steering Committee was formed in 1991 to coordinate and facilitate joint activities within the Palm Beach County MS4 NPDES program. A consulting engineering firm, Mock Roos, Inc., acts as staff to the Steering Committee, assisting with the administration of the program. The Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) is a federal program designed to reduce stormwater pollutant discharges to receiving waters of the United States. In 1987, the EPA was required under the Clean Water Act to establish final regulations governing stormwater discharge permit application requirements. In 1990, the Federal Register indicated that the Palm Beach County area was to begin compliance with the program. In 1997, the first 5-year permit was issued to Palm Beach County's forty (40) co-Permittees. In November 2002, the second term permit was issued. The third term permit is effective March 2011. 255 of 282 Due to the complexity of pending stormwater regulations and pending unfunded mandates from state and federal regulatory agencies, staff recommends executing the Interlocal Agreement. H? Continuation of the City’s Interlocal OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Agreement with NPBCID and participation in the Palm Beach County MS4 NPDES program are vital to the success of our stormwater permitting program. Involvement in the county-wide group offers the benefit of sharing resources and expenses, thus reducing the annual expenditures to each co-permittee. Our participation also includes participation in monthly meetings where upcoming pending regulations and unfunded mandates are discussed. The Steering Committee and Mock Roos act on behalf of all co-permittees to address the technical issues with state and federal regulatory agencies and attempt to lessen the financial impacts to each co-permittee. FI: Under the Interlocal Agreement, the City’s funding obligation for FY2011–2012 ISCAL MPACT is $25,376. Historically, annual expenditures have ranged from $20,000 to $25,000. Funding is available in Utilities Department account #401-2824-536-49-17. A: There is no other viable alternative at this time. LTERNATIVES 256 of 282 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (NPDES); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County has a cooperative program involving forty (40) co-Permittees, the Florida Department of Environmental Protection and the United States Environmental Protection Agency to administer annual stormwater NPDES permitting; and WHEREAS , this Interlocal Agreement deals with stormwater discharge permit requirements issued by the Florida Department of Environmental Protection (FDEP), and the countywide coordination of the permit requirements; and WHEREAS , the permit regulates stormwater discharges from the municipalities, special districts, and other agencies in Palm Beach County, and will enable us to continue to coordinate our stormwater activities with other agencies countywide; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into this NPDES Third Term Permit Interlocal Agreement; 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 Manager is hereby authorized and directed to execute an NPDES Third Term Permit Interlocal Agreement between the City of Boynton Beach, Florida and Northern Palm Beach County Improvement District for the City’s stormwater National Pollutant Discharge Elimination System Third Term Permit, a copy of which agreement is attached hereto as Exhibit "A". 257 of 282 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of June, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – William Orlove _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 258 of 282 NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT This Interlocal Agreement (the “Agreement”) is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 359 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as the “Lead Permittee”), and CITY OF BOYNTON BEACH (hereinafter referred to as “the Co-Permittee”). W I T N E S S E T H: WHEREAS, the United States Environmental Protection Agency (hereinafter referred to as “EPA”) on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System (“NPDES”) Permit No. FLS000018 (with it and all such subsequent permits being hereinafter referred to as the “MS4 NPDES Permit”) to approximately forty (40) governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System (“MS4”) Permittees (hereinafter referred to jointly as the “Permittees”); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to the MS4 NPDES Permit to the Florida Department of Environmental Protection (“FDEP”); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and WHEREAS, FDEP Rule 62-4.052, F.A.C., implemented an annual regulatory program and also set fees to effect the legislative intent that FDEP’s costs for administering the NPDES Permit be borne by the regulated entities; and WHEREAS, at or before the expiration of each MS4 NPDES Permit, the Permittees must file a re-application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term; and WHEREAS, the MS4 NPDES Permits granted by FDEP to the Permittees contain separate obligations and responsibilities for each individual Permittee, as well as obligations and responsibilities that may be performed jointly by the Permittees; and WHEREAS, due to the number of Permittees and the tasks that must be performed pursuant to each MS4 NPDES Permit, it would be more economically and administratively feasible to allocate duties, responsibilities, and costs associated with the MS4 NPDES Permits pursuant to individual interlocal agreements between each Co-Permittee and the Lead Permittee; and WHEREAS, the Permittees previously established a 7-member Steering Committee comprised of 2 representatives of large municipalities, 2 representatives of smaller municipalities, 1 representative of special districts, 1 representative from Palm Beach County, and the Lead Permittee, which Committee will continue to coordinate the joint activities required under the MS4 NPDES Permit, including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute each MS4 NPDES Permit; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I, Florida Statutes, as amended, to enter into this Agreement and do hereby adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9), Section 163.01, Florida Statutes. 259 of 282 NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, as amended, the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter into this Agreement and represent, covenant, and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. Recitals. The recitals and representations as set forth hereinabove are true and correct to the best of the knowledge of the parties and are incorporated herein by this reference. SECTION TWO DESIGNATION OF PARTIES 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and each MS4 NPDES Permit. 2.02. Co-Permittee. The City of Boynton Beach is hereby designated as a Co-Permittee for the purposes of this Agreement and each MS4 NPDES Permit. SECTION THREE TERM OF AGREEMENT 3.01. Agreement Term. The term of this Agreement begins as of the date it is signed by the last of the parties, and shall continue from year to year, subject to the annual Funding Year (as hereinafter defined) renewal process set forth in following Section 3.03, unless otherwise terminated in accordance with other provisions of this Agreement. The parties to this Agreement shall undertake a mutual review of this Agreement during the final year of the term of each Permit. 3.02. Funding Year. The term “Funding Year” is defined as a fiscal year beginning on October 1 and ending on September 30. 3.03. Renewal. This Agreement shall be automatically renewed as of the beginning date of each Funding Year and continue in full force and effect from Funding Year to Funding Year, unless: (i) a party to this Agreement provides written notice of non-renewal to the other party at least thirty (30) days prior to the end of the then-current Funding Year, or (ii) the Agreement has been previously terminated as provided herein. SECTION FOUR SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 4.01. Allocation of Duties and Obligations (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Exhibit “A” which is attached hereto and incorporated herein (the “Lead Permittee Services”). The Lead Permittee Services may be revised from time to time as required by the MS4 NPDES Permit. Any such revisions shall be agreed to in writing by the Co- Permittee and incorporated into Exhibit “A” and made a part of this Agreement. All revisions to Exhibit “A” shall be attached sequentially to the original Agreement so that all modifications to the Lead Permittee Services that occur over time may be determined. 260 of 282 (ii) The Co-Permittee shall be responsible for such other duties and obligations which are specifically identified as being its individual responsibility in the MS4 NPDES Permit. 4.02. Modifications to MS4 NPDES Permit In accordance with Section 403.067, Florida Statutes, NPDES permits must be consistent with the requirements of adopted TMDLs. A MS4 NPDES Permit may be reopened and revised during its term to adjust effluent limitations or monitoring requirements should future adopted TMDL, water quality studies, FDEP-approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement. It is understood and agreed that any other changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of this Agreement are expressly excluded from and not a subject of this Agreement unless and until incorporated herein by written agreement of the parties. SECTION FIVE BUDGET AND FUNDING 5.01. Administrative Procedures. The procedures to be followed by the Lead Permittee regarding the collection, management and disbursement of the Co-Permittee payments are set forth in a resolution titled “Resolution of the Board of Supervisors of Northern Palm Beach County Improvement District Approving the NPDES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds” (the “Resolution), which was adopted by the Lead Permittee, a copy of which is attached hereto as Exhibit “B.” Section 2 of the Resolution incorporates by reference the “NDPES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds” (the “Procedures) which are incorporated into this Agreement and are to be followed by the parties to this Agreement. The Resolution and the Procedures may be amended from time to time upon the approval of the NPDES Steering Committee and the Lead Permittee. However, the Co-Permittee shall be given a minimum of 60 days advance written notice of any proposed amendments to the Resolution or the Procedures, and shall be afforded the opportunity to offer comments to the Lead Permittee and/or the NPDES Steering Committee prior to any action being taken on said proposed amendments. Any amendment that is incorporated into this Agreement shall also be agreed to in writing by the Co- Permittee. 5.02. Annual Budget. Since this Agreement is anticipated to be renewed for a number of Funding Years, the parties acknowledge that it is not in their respective best interests to project the potential costs the Lead Permittee may be required to incur for future Funding Years in order to carry out the Lead Permittee Services. Therefore, the parties agree to arrive at a mutually acceptable payment amount on a per Funding Year basis in order to more accurately calculate the amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision of Lead Permittee Services during each Funding Year. 5.03. Prior Funding. The parties agree that any surplus funds previously paid by the Co- Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with the Lead Permittee involving a MS4 NPDES Permit shall be applied to and used for the provision of Lead Permittee Services during the next Funding Year period. 261 of 282 5.04. First Funding Year Payment. In addition to the surplus funds referenced in Section 5.03 above, the parties agree that for the upcoming 2011/2012 Funding Year, the Co-Permittee has paid the Lead Permittee the sum of TWENTY-FIVE THOUSAND THREE HUNDRED SEVENTY-SIX AND NO/100 ($25,376.00) DOLLARS, which sum represents payment of both the Lead Permittee’s Services for the upcoming Funding Year of this Agreement and the ten percent (10%) Reserve Fund Contingency required pursuant to Section 5.05. 5.05. Reserve Contingency. The parties acknowledge that each Funding Year payment will include a ten percent (10%) reserve fund contingency (the “Reserve Fund Contingency”) for unexpected additional costs and expenses incurred in the preparation and implementation of a MS4 NPDES Permit. 5.06. Current Funding. The parties believe that the funding specified in above Section 5.04 will be sufficient to satisfy the current MS4 NPDES Permit requirements for the 2011/2012 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 6.03 are incurred. 5.07. Future Funding Year Payments. The parties: (i) acknowledge that on or before January 31, 2011, the Lead Permittee provided a budget to the Steering Committee of the amount the Permittees will each be requested to pay during the next Funding Year, and (ii) agree that all subsequent Funding Year budget estimates will be provided on or about January 31st of each following year. The Lead st Permittee and Co-Permittee shall have until July 31 of each year to arrive at a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the immediately upcoming Funding Year, which shall be paid pursuant to Section Six of this Agreement. If the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 5.08. Final Funding Year of a MS4 NPDES Permit Term. It is assumed that during the last Funding Year of the term of each MS4 NPDES Permit, the Permittees and FDEP will commence to negotiate the provisions of the next MS4 NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, each party’s duties and obligations hereunder, together with the funding process for provision of Lead Permittee Services, will be reexamined during the last Funding Year of the term of each MS4 NPDES Permit. 5.09. Separate Co-Permittee Expenses. In addition to the payments required to be paid by the Co-Permittee to the Lead Permittee pursuant to Sections 5.03 through 5.07, the Co-Permittee shall be responsible for all other costs and expenses relating to its individual duties and obligations under a MS4 NPDES Permit, including, but not limited to: (1) all costs of the Co-Permittee’s preparation and submittal of such of its own individual annual report(s) that may be separately required by a MS4 NPDES Permit, (2) costs of all monitoring that may be the Co-Permittee’s individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all necessary data that may be individually required of the Co-Permittee by a MS4 NPDES Permit, and (4) all other costs of carrying out any other individual responsibility of the Co-Permittee according to the requirements of a MS4 NPDES Permit. SECTION SIX PAYMENT PROCEDURE The Co-Permittee agrees to pay each of its Funding Year payments as follows: 262 of 282 6.01. First Funding Year. The First Funding Year payment for the current MS4 NPDES Permit Term will be paid in either a single lump sum payment on or before November 15, 2011 or in twelve (12) equal monthly installments commencing on October 15, 2011, and thereafter on the 15thday of each subsequent month during the First Funding Year (such payment dates being hereinafter referred to as “Payment Due Date(s)”). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein may be utilized by the Co-Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First Funding Year. 6.02. Subsequent Funding Year Payments. Once a Funding Year payment amount has been agreed upon, the Co-Permittee may, at its option, pay the entire agreed-upon amount in a single lump sum on or before November 15 of that particular Funding Year, or in twelve (12) equal monthly installments commencing on October 15th of that Funding Year and thereafter on the 15th day of each subsequent month during that Funding Year (such payment dates also being hereinafter referred to as “Payment Due Date(s)”). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein may be utilized by the Co-Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. 6.03. Additional Costs. Since it is possible that following the parties’ agreement as to a particular Funding Year’s payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services for that Funding Year, the parties agree as follows: (i) If the Lead Permittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services, the Lead Permittee shall promptly notify the Co-Permittee, in writing, of the nature and estimated amount of the Co-Permittee’s allocable share of these unexpected additional costs and expenses, as well as the Lead Permittee’s intent to draw down funds from the Co-Permittee’s Reserve Fund Contingency in order to pay said Co- Permittee’s allocable share of the unfunded and unexpected additional costs and expenses. (ii) If the Co-Permittee’s allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee’s Reserve Fund Contingency account, the Lead Permittee shall address the need for such excess amount in the above subparagraph (i) notice to the Co- Permittee. The Lead Permittee and Co-Permittee shall then attempt to negotiate a payment procedure for the unfunded and unexpected additional costs and expenses. (iii) If the Lead Permittee and Co-Permittee agree as to the need and amount of the unfunded and unexpected additional costs and expenses, their agreement shall be reduced to writing. The agreed upon unfunded and unexpected additional costs and expenses shall be paid either by a lump sum payment within thirty (30) days of their agreement in writing or divided by the remaining months of that particular Funding Year and paid to the Lead Permittee in equal monthly installments for the remainder of the subject Funding Year. (iv) If the Lead Permittee and Co-Permittee are not able to timely agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses, the Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee. 6.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties hereto, if a Funding Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30) days of a Payment Due Date, the duties and obligations 263 of 282 assumed by the Lead Permittee under the terms of this Agreement may be suspended and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee unless cured by the Co-Permittee by payment in full of the omitted payment within said thirty (30) day notice time period. SECTION SEVEN OPTION TO TERMINATE 7.01. Termination. Either party to this Agreement shall have the right to terminate this Agreement at will and without cause, provided that the party wishing to terminate the Agreement must provide thirty (30) days prior written notice to the other party of said terminating party’s decision to terminate this Agreement. Said termination shall not be effective until said thirty (30) day prior notice period has elapsed (the “Termination Date”). In addition to the aforementioned termination rights, the Agreement may be terminated as provided in Sections 5.07, 6.03(iv), and 6.04. 7.02. Effect of Termination. In the event of termination of this Agreement by the Co- Permittee, the Co-Permittee shall thereupon be individually and solely responsible for all requirements of the applicable MS4 NPDES Permit which are designated therein as the individual responsibility of said Co-Permittee. Thereafter, the Lead Permittee and other Permittees shall not be responsible for said terminating Co-Permittee’s individual obligations under the applicable MS4 NPDES Permit. 7.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement or in the event of a failure to pay by the Co-Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due and owing and the right to collect said amount(s) shall survive termination of this Agreement. 7.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into contracts with one or more consultants or contractors for the provision of services required in order for the Lead Permittee to provide some or all of its Lead Permittee Services. Since the Co-Permittee’s payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, the Co-Permittee will not be entitled to receive a refund from the Lead Permittee for any monies that the Co-Permittee has previously paid pursuant to this Agreement unless the Lead Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement. In that event, the Lead Permittee shall be obligated to reimburse the Co-Permittee for its allocable share of the amount of such reduction in costs and expenses. 7.05. Documentation and Data. In the event this Agreement is cancelled or terminated, all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co-Permittee. SECTION EIGHT ENFORCEMENT, VIOLATIONS, AND/OR DEFAULT 8.01. Enforcement. The designation herein of the Lead Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the applicable MS4 NPDES Permit as to the other party. 8.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any of 264 of 282 the provisions of this Agreement be construed as a waiver by either party of its sovereign immunity rights or of the liability limits established in Section 768.28, Florida Statutes. 8.03. Dispute Resolution Process. Any dispute or conflict between the parties that arises from any of the terms or conditions of this Agreement, including any exhibits thereto, shall be presented in writing by the complaining party to the other party. The parties’ representatives shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process per Ch. 164, F.S., or litigation or any other formal dispute resolution process. SECTION NINE MISCELLANEOUS PROVISIONS 9.01. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated (including telex, facsimile, telegraphic, or electronic mail (e-mail) communication) with confirmation of receipt, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to Lead Permittee: Northern Palm Beach County Improvement District 359 Hiatt Drive Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone: (561) 624-7830 Fax: (561) 624-7839 With a copy to: Betsy S. Burden, Esq. Caldwell Pacetti Edwards Schoech & Viator LLP One Clearlake Centre 250 South Australian Avenue, Suite 600 West Palm Beach, Florida 33401 Phone: (561) 655-0620 Fax: (561) 655-3775 As to Co-Permittee: City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 Attn: Kofi A. Boateng, P.E. Phone: (561) 742-6401 Fax: (561) 742-6298 9.02. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 9.03. Construction. The preparation of this Agreement is considered a joint effort of the parties and accordingly this Agreement shall not be construed more severely against one of the parties than the other. 9.04. Discrimination. The Lead Permittee and the Co-Permittee agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual 265 of 282 orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 9.05. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 9.06. Assignability. The responsibility for carrying out any task assumed by a party to this Agreement, but not the obligation to pay, may be assigned by the party upon receipt of written approval from the other party, which approval shall not be unreasonably withheld. 9.07. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible, unless the prohibited or invalid provision reduces the payment obligations of the Co-Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. 9.08. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 9.09. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 9.10. Remedies. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 9.11. NPDES Permit. If there is any inconsistency between the terms of this Agreement and the applicable MS4 NPDES Permit, then the applicable MS4 NPDES Permit shall preempt, supersede, and control the provisions of this Agreement. 9.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9.13. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. 9.14. Termination of Prior Agreements. All previous interlocal agreements entered into between the parties to this Agreement regarding the application or execution of a MS4 NPDES Permit shall terminate as of the Effective Date of this Agreement. 9.15. Effective Date. This Agreement shall be effective as of the date it is filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. 266 of 282 (Balance of Page Intentionally Left Blank.) IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereafter written. EXECUTED by Lead Permittee this ________ day of _____________________, 2011. ATTEST: NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By: _____________________________ By: __________________________________ Secretary Print:________________________________ Title: ________________________________ 267 of 282 [DISTRICT SEAL] EXECUTED by Co-Permittee this ________ day of _____________________, 2011. ATTEST: CITY OF BOYNTON BEACH By: _____________________________ By: _________________________________ , City Clerk Print: _______________________________ Title: ________________________________ [SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ 268 of 282 EXHIBIT “A” LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLS000018 are generally as follows: I.The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities required by the Permit. II.The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. III.The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV.The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part III.A.6, Part III.A.7.e. and Part III.A.7.f. as approved by the NPDES Steering Committee. V.The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.6, Part III.A.7.c, Part III.A.7.d., Part III.A.9.b, and Part III.A.9.c of the MS4 NPDES permit, as approved by the NPDES Steering Committee. VI.The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the MS4 NPDES Permit. VII.The timely preparation, coordination, and execution of a monitoring program required by Part V.B. of the MS4 NPDES Permit. VIII.The timely coordination, assessment, monitoring, and execution of activities associated with FDEP’s Total Maximum Daily Load (TMDL Program) as required by Part VIII. IX.The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. The timely remittance of all necessary permit fees to FDEP, subject to the timely and X. sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District, which revisions shall be incorporated herein and made a part of this agreement. (Balance of Page Intentionally Left Blank.) 269 of 282 EXHIBIT “B” 270 of 282 271 of 282 272 of 282 273 of 282 274 of 282 275 of 282 H:\C&P Clients\Northern\NPDES\Agreements\Third Term Interlocal Agreements\GENERAL INTERLOCAL AGREEMENTS\City of Boynton Beach S.doc 276 of 282 13. B LEGAL June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Continued discussion regarding the Interlocal Agreement EQUESTED CTION BY ITY OMMISSION between City of Boynton Beach and Town of Gulfstream dated September 7, 2004 (TABLED 6/7/11) ER: The City Commission tabled this item at the June 7, 2011 XPLANATION OF EQUEST Commission meeting and directed the City Attorney to bring the item back to Commission with legal alternatives to rescinding the agreement. An updated report will be provided by the City Attorney at the Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 277 of 282 13. C LEGAL June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Request for discussion of future Advisory Board EQUESTED CTION BY ITY OMMISSION Appointments ER: Commissioner Holzman is requesting the City Commission discuss XPLANATION OF EQUEST the possibility amending our appointment procedures to include: 1) Requesting information from an applicant as to whether or not they are currently or have been a subject of a criminal investigation. 2) Consideration of disallowing applicants from being appointed to an Advisory Board if they are currently under a criminal investigation. H? Depends on outcome of discussion; OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES possible amendment to current appointment process. FI: Potential cost of additional staff time vetting applications. ISCAL MPACT A: Not entertain discussion of this matter. LTERNATIVES 278 of 282 14. A FUTURE AGENDA ITEMS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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: 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 279 of 282 14. B FUTURE AGENDA ITEMS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Amendment to City Code on temporary banners - 7/07/11. EQUESTED CTION BY ITY OMMISSION ER: At the June 7, 2011 City Commission meeting, staff was directed to XPLANATION OF EQUEST come back with revisions to the City Code regarding temporary banners, in order to assist business owners in the city through current economic conditions. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 280 of 282 14. C FUTURE AGENDA ITEMS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Economic Development Plan - TBD EQUESTED CTION BY ITY OMMISSION ER: A the June 7, 2011 City Commission meeting, staff was directed to XPLANATION OF EQUEST bring back to Commission an Economic Development Plan to include a two-pronged approach that will assist with both business retention and business recruitment throughout the city. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 281 of 282 14. D FUTURE AGENDA ITEMS June 21, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 21, 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: Modification to City's lobbying registration ordinance - EQUESTED CTION BY ITY OMMISSION 7/19/11 ER: At the June 7, 2011 City Commission meeting, the City Attorney XPLANATION OF EQUEST was directed by the Commission to bring back revisions to the City’s Lobbying Registration Ordinance. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 282 of 282