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Agenda 09-21-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, SEPTEMBER 21, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 408 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Orlove 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. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers B. Permit announcement of the Fall 2010 semester of the City Services Institute C. Presentation of Nonprofits First®, a Boynton Beach based nonprofit organization that provides programs and services for Palm Beach County 501(c)(3) organizations, by Pedro del Sol, President and CEO. D. Establish a date, time and public outreach for Climate Action Plan Special Meeting E. Proclaim September 27, 2 010 as Family Day in the City of Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. B. Accept the resignation of Dan Holthouse, a regular member of the Library Board. C. Accept the resignation of Herb Suss, a regular member of the Golf Course Advisory Committee. 3 of 408 D. Appoint City representative to the Greater Boynton Beach Foundation, Inc. Board of Directors. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes of the Regular City Commission meeting held on September 7, 2010. B. Authorize the Finance Department to increase the Allowance for Uncollectable Accounts by $102,371 representing the full amount for currently unpaid Utility and Solid Waste billings originating in FY 2008-2009 that currently remain unpaid. C. Accept the written report to the Commission for purchases over $10,000.00 for the month of August 2010. PROPOSED RESOLUTION NO. R10-124 D. - Approve the First Amendment to the Interlocal Agreement (ILA) between the City and the Board of County Commissioners that authorized the City to receive funding as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) through September 30, 2010, extending the term to December 31, 2010. PROPOSED RESOLUTION N0. R10-125 E. - Approve the addendum to the Services Agreement with Sandra Watson - Sister to Sista's Young Ladies Mentoring and Enrichment Program (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 PROPOSED RESOLUTION NO. R10-126 F. - Approve the addendum to the Services Agreement with RM Lee, Community Development Center, 900 N. Seacrest Blvd., Boynton Beach, Florida, 33435 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 PROPOSED RESOLUTION NO. R10-127 G. - Approve the addendum to the Services Agreement with Tevis Gardenhire, Art is Motivation (AIM), 1118 S. Monterey Circle, Boynton Beach, Florida, 33436 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 PROPOSED RESOLUTION NO. R10-128 H. - Approve the addendum to the Services Agreement with Greg Russ, Russo Consulting Group Inc., 10727 Palm Springs Drive, Boca Raton, Florida, 33428 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 4 of 408 PROPOSED RESOLUTION NO. R10-129 I. - Approve the addendum to the Services Agreement with Gary Davis, Art of Film Making Audio Visual Life Skills, 5056 Lantana Road, Unit 4205, Lake Worth, Florida, 33463 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 PROPOSED RESOLUTION NO. R10-130 J. - Approve the addendum to the Services Agreement with Richard Brochu, Hooked on Fishing Not on Drugs, 7067 Peninsula Court, Lake Worth, Florida, 33467 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 PROPOSED RESOLUTION NO. R10-131 K. - Approve the addendum to the Services Agreement with Kayla Lundy, Success Teens, 1695 W. 26th Street, Riviera Beach, Florida, 33404 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 L. Approve adjusting the value of the authorization for the direct purchase of 36-inch diameter pipe supplies from Ferguson Enterprises, Inc., upward from $844,467.80 (as approved on July 20, 2010) to $884,999.85; as required for the Wellfield Interconnect Project-Section A. M. Approve full release of surety for the project known as K-Mart Expansion - Boynton West Shopping Center, and authorize refunding the $61,000 cash surety to K-Mart Corporation. N. Approve the updated Library Long Range Plan for 2010-2013. PROPOSED RESOLUTION NO. R10-132 O. - Approve an application and agreement for Library State Aid To Public Libraries Grant for FY2010-2011. PROPOSED RESOLUTION NO. R10-133 P. - Approve a three-year Processing Agreement between SUN RECYCLING, LLC ("SUN"), 790 Hillbrath Drive, Lantana, FL and the City of Boynton Beach ("CITY") to allow the City to transfer recycling material including yard waste, mixed recyclables and construction and demolition debris to the Sun Processing Facility allowing for tracking of material at a lower cost per ton. PROPOSED RESOLUTION NO. R10-134 Q. - Approve an agreement with Mangrove Employer Services to provide COBRA Administrative services, to assist the City as Plan Sponsor in complying with certain Federal requirements regarding the City's welfare benefit health plans including Medical, Dental and Vision. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R10-135 A. - Approve Addendum to Construction Services Agreement with B&B Underground Contractors, Inc. to exceed the authorized project amount of $2,466,047.87 by an additional $27,749.61 for the S.E. 4th Street Water Main, Stormwater and Roadway Improvement Project for a final project total of $2,493,797.48. 5 of 408 PROPOSED RESOLUTION NO. R10-136 B. - Award the "Two-Year Contract For Custodial Cleaning Services For Facilities", Bid #063-2511-10/JMA to JT Bay, LLC d/b/a Performance Cleaning Group, of Tampa, Florida, in the amount of $223,533.84 plus a 10% contingency for a total annual award amount of $245,887.22 for each year of the two (2) year contract. C. Award Field Change Directive No. 1 to Insituform Technologies, for the purpose of re- lining sewer mains at Cypress Creek in the amount of $103,450.12 , of which $47,070.92 is from the previously-authorized contingency. 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. 10-022 - FIRST READING A. - Approve Congress Middle School (ANEX 10-001) annexing a 0.95-acre property located at the southern terminus of 31st Terrace S. Applicant: Michael C. Owens. PROPOSED ORDINANACE NO. 10-023 - FIRST READING B. - Approve Congress Middle School (LUAR 10-001) reclassifying land use designation of subject property from Palm Beach County's IND (industrial) to MoDR (Moderate Density Residential. Applicant: Michael C. Owens. PROPOSED ORDINANCE NO. 10-024 - FIRST READING C. - Approve Congress Middle School (LUAR 10-001) rezoning of the subject property from Palm Beach County's AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens. 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R10-137 A. - Award for a three year Towing Franchise RFP#055-2110-10/CJD to the top two ranked respondents for Towing and Storage Services: Beck's Towing & Recovery, Inc. in the amount of $104,500 and Zuccala Wrecker Service, Inc. in the amount of $100,075 for a total annual contract price of $204,575.00 and authorize the City Manager to execute an agreement in a form deemed sufficient by the City Attorney. B. Appoint an Advisory Committee to review two renaming requests for Jaycee Park. PROPOSED RESOLUTION NO. R10-138 C. - Approve an agreement with Net Assets, a sole source provider, for the implementation, maintenance, customer service support and hosting of the Conduits reporting service 6 of 408 D. Accept the following report on the Neighborhood Stabilization Program (NSP). E. Accept the Budget Status Report of the General Fund and the Utility Fund for the eight (11) month period ended August 31, 2010. F. Review of capital project delivery methods. No Commission action required. 11. FUTURE AGENDA ITEMS A. Conduit Bond Issue - Charter School of Boynton Beach - October 5, 2010 B. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) C. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) D. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) 12. NEW BUSINESS A. Consideration of a salary reduction by City Commission for Fiscal Year 2010-11. 13. LEGAL A. Request for closed door session at 6:00 p.m. on October 5, 2010 regarding CLEAR CHANNEL OUTDOOR, INC., Petitioner vs. CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT, PLANNING AND ZONING DIVISION, Respondent Case No. 502010CA013764XXXXMB PROPOSED RESOLUTION NO. R10-139 B. - Authorize a second 60-day extension of the "Notice of Intent" (NOI) and moratorium to allow final processing of ordinances following the study of impacts and regulations related to pain clinics, pain management clinics and other uses that dispense prescription pain medications. PROPOSED RESOLUTION NO. R10-140 C. - Authorize a second 60-day extension of the "Notice of Intent" (NOI) and moratorium to allow final processing of ordinances following the study of impacts and regulations related to adult entertainment uses. 14. UNFINISHED BUSINESS PROPOSED ORDINANCE NO. 10-021 - SECOND READING A. - Amending the City of Boynton Beach Code of Ordinances Article I, by creating Section 2-25, to be entitled "Code of Ethics", incorporating by reference the Palm Beach County Code of Ethics into the City's Code of Ordinances. PROPOSED RESOLUTION NO. R10-120 B. - Approve an interlocal agreement with (TABLED ON SEPTEMBER 7, Palm Beach County for Ethics Commission Oversight. 2010) 7 of 408 C. Appoint members to 7-member independent Community Redevelopment Agency Board. 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. 8 of 408 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 2nd Budget Public Hearing & FINAL Adoption of FY 2010- EQUESTED CTION BY ITY OMMISSION 2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 9 of 408 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Permit announcement of the Fall 2010 semester of the EQUESTED CTION BY ITY OMMISSION City Services Institute ER: The City Services Institute was developed to acquaint residents XPLANATION OF EQUEST and business owners with the structure of City government and to provide them with information and tours of City facilities in an entertaining and informative manner that will enable them to become more fully involved in the community. H? This announcement will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the availability of this educational opportunity that will enable citizens to better interact and become involved with their City government. FI: None ISCAL MPACT A: Not permit announcement LTERNATIVES 10 of 408 11 of 408 12 of 408 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of Nonprofits First®, a Boynton Beach based EQUESTED CTION BY ITY OMMISSION nonprofit organization that provides programs and services for Palm Beach County 501(c)(3) organizations, by Pedro del Sol, President and CEO. ER: As a unique organization in South Florida, Nonprofits First’s goal is XPLANATION OF EQUEST to help build a nonprofit community that excels in the development and implementation of sound management practices. Composed of experienced executives, consultants and volunteers, the vision of Nonprofits First is a community in which all nonprofits achieve their highest level of success. Nonprofits First provides services to over 300 nonprofit organizations through education, leadership development, management services (IT, Finance and HR) and a Certification program. Programs and services are designed to help nonprofit agencies maximize the resources entrusted to them by public and private donors. Mr. del Sol will provide an overview of how Nonprofits First is striving to help the local nonprofit community become more effective and efficient in their business operations. The objective is to raise awareness of the successes of local nonprofits and to introduce some of Nonprofits First’s service offerings as a resource to other nonprofits in the greater Boynton Beach area. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow the presentation. LTERNATIVES 13 of 408 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Establish a date, time and public outreach for Climate EQUESTED CTION BY ITY OMMISSION Action Plan Special Meeting th ER: At the July 20 Commission meeting, City Commission agreed to a XPLANATION OF EQUEST staff meeting for the purpose of establishing priorities and timelines for the action items contained in the Climate Action Plan. Staff would like to set the meeting for the week of October 11, for a period of two hours, to be held at Intracoastal Park Clubhouse. The meeting would be conducted as a Special Meeting of the City Commission to allow the Commission the ability to vote on policy decisions necessary for implementation. The basic topics from the Climate Action Plan are as follows: 4.0 Objectives and Recommendations 4.1 Government Operations and Policies 4.2 Community Engagement 4.3 Fuel and Energy Use 4.4 Transportation 4.5 Land Use and Development Public outreach notification of this meeting will be achieved through Special Meeting notice by the City Clerk’s office, message posting on the City Hall Marquee, Message on Hold, and media blasts by the Public Information Office. H? Establish implementation policy and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES timeline for action items contained in the Climate Action Plan to achieve the desired Green House Gas Emission reduction approved by City Commission. 14 of 408 FI: To be determined ISCAL MPACT A: Do not implement the Climate Action Plan at this time. LTERNATIVES 15 of 408 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim September 27, 2 010 as Family Day in the City EQUESTED CTION BY ITY OMMISSION of Boynton Beach. ER: Recognize September 27, 2010 as Family Day, sponsored by the XPLANATION OF EQUEST National Center on Addiction and Substance Abuse at Columbia University. H? The proclamation will help promote the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES idea of family values and the Family Day STAR Pledge to: S pend time with your kids by having dinner together, T alk to them about their friends, interests and the dangers of drugs and alcohol, A nswer their questions and listen to what they say and R ecognize that you have the power to keep your kids substance-free. FI: N/A ISCAL MPACT A: Do not approve request. LTERNATIVES 16 of 408 P R O C L A M A T I O N WHEREAS the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; WHEREAS 15 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; WHEREAS frequent family dining is associated with lower rates of teen smoking, drinking, illegal drug use and prescription drug abuse; WHEREAS the correlation between frequent family dinners and reduced risk for teen substance abuse is well documented; WHEREAS parents who are engaged in their children’s lives – through such activities as frequent family dinners – are less likely to have children who abuse substances; WHEREAS family dinners have long constituted a substantial pillar of family life in America: Now, therefore , I, Jose Rodriguez, Mayor of the City of Boynton Beach, do hereby proclaim the fourth Monday of every September as TM Family Day – A Day to Eat Dinner with Your Children and urge all citizens to recognize and participate in its observance. In witness whereof , I Jose Rodriguez, 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 September, two thousand and ten. _________________________________ Jose Rodriguez, Mayor ATTEST: City of Boynton Beach ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 17 of 408 5. A ADMINISTRATIVE September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 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 18 of 408 19 of 408 20 of 408 5. B ADMINISTRATIVE September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Dan Holthouse, a regular EQUESTED CTION BY ITY OMMISSION member of the Library Board. ER: An email was received September 13, 2010 from Dan Holthouse XPLANATION OF EQUEST resigning as a regular member from the Library Board due to his unavailability to attend meetings. H? The Library Board will have a vacancy for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES one regular member. FI: None ISCAL MPACT A: None LTERNATIVES 21 of 408 22 of 408 5. C ADMINISTRATIVE September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Herb Suss, a regular member of EQUESTED CTION BY ITY OMMISSION the Golf Course Advisory Committee. ER: On September 14, 2010 Herb Suss submitted an email (attached) XPLANATION OF EQUEST indicating his desire to resign from the Golf Course Advisory Committee. H? The Golf Course Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have to function with one less regular member until a replacement can be found. FI: None ISCAL MPACT A: None LTERNATIVES 23 of 408 24 of 408 5. D ADMINISTRATIVE September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint City representative to the Greater Boynton Beach EQUESTED CTION BY ITY OMMISSION Foundation, Inc. Board of Directors. ER: Please see the attached letter of request from the Greater Boynton XPLANATION OF EQUEST Beach Foundation to appoint a City representative to the Board of Directors. The Foundation request recommends Assistant City Manager, Lori LaVerriere be selected as appointee. H? The Board appointment will allow the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to remain involved in the Foundation’s progress. The seat will provide a conduit for future project applications to the Board. FI: none ISCAL MPACT A: Not appoint City representative to the Board; Select another individual to LTERNATIVES appoint. 25 of 408 26 of 408 27 of 408 6. A CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes of the Regular City Commission EQUESTED CTION BY ITY OMMISSION meeting held on September 7, 2010. ER: The City Commission met on September 7, 2010 and minutes XPLANATION OF EQUEST were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 28 of 408 29 of 408 30 of 408 31 of 408 32 of 408 33 of 408 34 of 408 35 of 408 36 of 408 37 of 408 38 of 408 39 of 408 40 of 408 6. B CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Authorize the Finance Department to increase the EQUESTED CTION BY ITY OMMISSION Allowance for Uncollectable Accounts by $102,371 representing the full amount for currently unpaid Utility and Solid Waste billings originating in FY 2008-2009 that currently remain unpaid. ER: This action is an annual accounting internal control feature. The $102,371 XPLANATION OF EQUEST involves 1,340 accounts that were billed and currently remain past due for the fiscal year October 1, 2008 to September 30, 2009. The process and explanation for collecting delinquent receivables by the Utility Customer Service staff follows:  When a receivable becomes past due, staff attempts to collect the amount due for a period of six to seven months. Staff collected a total of $3,468 of the past due accounts.  Attempts by the City to collect these past due amounts has limited success since a majority of the accounts are from rentals, foreclosures or abandonment and the customers have moved from the area.  After this six to seven month period, the accounts are segregated from current accounts for control purposes and turned over to the City’s collection agency for subsequent follow up and collection of the past due accounts.  A listing of the accounts is available upon request, but too large to include with this item. Once approved by the Commission, the Finance Department increases the existing Allowance for Uncollectible Accounts to the same amount for those accounts deemed uncollectible. If any of those accounts are subsequently collected, the receivable and the uncollectible accounts are reduced by the amounts collected. 41 of 408 The amount being deemed uncollectible comprises less than one-half percent (actually 0.26%) of the total amount billed during that period for water, sewer, stormwater and refuse. We consider this an acceptable loss when compared to neighboring municipalities, such as Deerfield Beach, Boca Raton, Delray Beach, Lake Worth and West Palm Beach who consider an average of 0.5% to 1% loss in uncollected revenues to be acceptable. Our percentage falls below that value. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: As the receivables were recognized as revenues when the accounts were originally ISCAL MPACT billed, revenues will now be reduced by $102,371 that is equal to the amount being deemed uncollectible. The amount of $102,371 is immaterial (0.26%) compared to the total Utility and Solid Waste revenues of approximately $45 million annually. The City’s collection agency will continue to collect the unpaid amounts and those amounts will be recognized as revenues, net of the fee charged by the collection agency A: None as the same procedures are in place to collect the amounts by the collection LTERNATIVES agency. Also, the Finance Department will make the appropriate control entries at year end. 42 of 408 43 of 408 44 of 408 45 of 408 6. C CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000.00 for the month of August 2010. 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 46 of 408 47 of 408 48 of 408 6. D CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-124 - Approve the EQUESTED CTION BY ITY OMMISSION First Amendment to the Interlocal Agreement (ILA) between the City and the Board of County Commissioners that authorized the City to receive funding as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) through September 30, 2010, extending the term to December 31, 2010. ER: The original Interlocal Agreement (ILA) that provided funding for XPLANATION OF EQUEST the YVPP was available through the County’s Criminal Justice Commission (CJC) and expired in September 30, 2009. Since no additional funding was available, the CJC was able to secure ARRA (American Recovery and Reinvestment Act) through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This provided funding for the program through September 30, 2010. However, the change in funding source and the transition of the program from the Police Department to the Recreation & Parks Department caused a slight delay in the implementation of the program this current fiscal year. Consequently, the Providers who render the various programs that are part of the YVPP still have fund balance available, which allows us to continue to offer the program through the end of December. Accordingly, the ILA is being changed to extend the term to December 31, 2010. H? The amendment to the ILA will allow us to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES continue to offer the YVPP program through December 31, 2010. FI: None. Funding for this program has already been approved. The ISCAL MPACT amendment to the ILA is simply for a time extension. A: Do not approve the amendment to the ILA. LTERNATIVES 49 of 408 RESOLUTION R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY TO CONTINUE IMPLEMENTATION OF THE YOUTH VIOLENCE PREVENTION PROJECT UNTIL DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Board of County Commissioners directed the Criminal Justice Commission to develop a Youth Violence Prevention Program which would address the increase in violent firearms crimes; and WHEREAS , the Criminal Justice Commission was able to secure funding through the Edward Byrne Memorial Justice Assistance grant which funded the YVPP program through September 30, 2010; and WHEREAS, due to the change in funding source and the transition of the program from the Police Department to the Recreation & Parks Department caused a slight delay in the implementation of the program which allows the City to continue to offer the program through the end of December, 2010; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to execute a First Amendment to the Interlocal Agreement with Palm Beach County to continue implementation of the Youth Violence Prevention Program in the City of Boynton Beach through December 31, 2010. 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. 50 of 408 Section 2. Upon recommendation of staff, this Commission does hereby authorize execution of a First Amendment to the Interlocal Agreement between the City of Boynton Beach and Palm Beach County to continue implementation of the Youth Violence Prevention Program in the City of Boynton Beach through December 31, 2010, a copy of said First Amendment is attached hereto and made a part hereof as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – Marlene Ross _____________________________ Commissioner – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ ATTEST: Commissioner – Steven Holzman _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 51 of 408 52 of 408 53 of 408 54 of 408 6. E CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION N0. R10-125 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Sandra Watson - Sister to Sista's Young Ladies Mentoring and Enrichment Program (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 ER: The YVPP program was originally funded by the County through XPLANATION OF EQUEST an ILA that allowed the City to be reimbursed for expenses incurred in the planning and implementation of the YVPP program, up to the amount of $279,900 from October 1, 2009 through September 30, 2010. However, due to some administrative delays, the program did not actually begin till late January, 2010. Consequently, funds are still available to continue offering the program till December 31, 2010. The original Services Agreement with the Provider (Resolution No. R10-64) was ratified at the June 1, 2010 Commission Meeting. Item #3 of the Agreement reads as follows: TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City and shall continue until September 30, 2010. This needs to be changed to December 31, 2010. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through the end of the year. FI: None, no additional funds are necessary. ISCAL MPACT A: Do not amend service agreements for the YVPP Providers. LTERNATIVES 55 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND SANDRA WATSON, FACILITATOR FOR SISTER TO SISTA’S YOUNG LADIES MENTORING AND ENRICHMENT PROGRAM, TO EXTEND THE TERM TO DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Sandra Watson, Facilitator for Sister to Sista’s Young Ladies mentoring and Enrichment Program; and WHEREAS , due to some administrative delays, the program did not begin as contemplated and therefore the term of the Agreement is being extended to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Sandra Watson, Facilitator for Sister to Sista’s Young Ladies mentoring and Enrichment Program extending the term of the Agreement until December 31, 2010, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. 56 of 408 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 57 of 408 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Sandra Watson, Facilitator for Sister to Sista’s Young Ladies Mentoring and Enrichment Program, with an address of 1174 Willow Road, West Palm Beach, FL 33406, hereinafter referred to as "PROVIDER". WITNESSETH: 1.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-64 is amended as set forth below. 2.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3 The PROVIDER does accept the term of the engagement shall continue until December 31, 2010. 58 of 408 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 59 of 408 WITNESSES: _________________ BY:__________________________ Sandra Watson, Facilitator _________________ Sister to Sista’s Young Ladies Mentoring and Enrichment Program 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 _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 60 of 408 6. F CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-126 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with RM Lee, Community Development Center, 900 N. Seacrest Blvd., Boynton Beach, Florida, 33435 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 ER: The YVPP program was originally funded by the County through XPLANATION OF EQUEST an ILA that allowed the City to be reimbursed for expenses incurred in the planning and implementation of the YVPP program, up to the amount of $279,900 from October 1, 2009 through September 30, 2010. However, due to some administrative delays, the program did not actually begin till late January, 2010. Consequently, funds are still available to continue offering the program till December 31, 2010. The original Services Agreement with the Provider (Resolution No. R10-69) was ratified at the June 1, 2010 Commission Meeting. Item #3 of the Agreement reads as follows: TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City and shall continue until September 30, 2010. This needs to be changed to December 31, 2010. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through the end of the year. FI: None, no additional funds are necessary. ISCAL MPACT A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 61 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RM LEE COMMUNITY DEVELOPMENT CENTER, INC., INC., TO EXTEND THE TERM TO DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with RM Lee Community Development Center, Inc; and WHEREAS , due to some administrative delays, the program did not begin as contemplated and therefore the term of the Agreement is being extended to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with RM Lee Community Development Center, Inc., extending the term of the Agreement until December 31, 2010, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA 62 of 408 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 63 of 408 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and RM Lee, Community Development Center, Inc., with an address of 900 N. Seacrest Blvd., Boynton Beach, FL 33435, hereinafter referred to as "PROVIDER". WITNESSETH: 3.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-69 is amended as set forth below. 4.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3 The PROVIDER does accept the term of the engagement shall continue until December 31, 2010. 64 of 408 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 65 of 408 WITNESSES: RM Lee Community Development Center, Inc _________________ BY:__________________________ ______________________ _________________ (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 66 of 408 6. G CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-127 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Tevis Gardenhire, Art is Motivation (AIM), 1118 S. Monterey Circle, Boynton Beach, Florida, 33436 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 ER: The YVPP program was originally funded by the County through XPLANATION OF EQUEST an ILA that allowed the City to be reimbursed for expenses incurred in the planning and implementation of the YVPP program, up to the amount of $279,900 from October 1, 2009 through September 30, 2010. However, due to some administrative delays, the program did not actually begin till late January, 2010. Consequently, funds are still available to continue offering the program till December 31, 2010. The original Services Agreement with the Provider (Resolution No. R10-65) was ratified at the June 1, 2010 Commission Meeting. Item #3 of the Agreement reads as follows: TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City and shall continue until September 30, 2010. This needs to be changed to December 31, 2010. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through the end of the year. FI: None, no additional funds are necessary. ISCAL MPACT A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 67 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND TEVIS GARDENHIRE, FACILITATOR FOR ART IS MOTIVATION, TO EXTEND THE TERM TO DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Tevis Gardenhire, Facilitator for Art is Motivation; and WHEREAS , due to some administrative delays, the program did not begin as contemplated and therefore the term of the Agreement is being extended to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Tevis Gardenhire, Facilitator for Art is Motivation extending the term of the Agreement until December 31, 2010, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA 68 of 408 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 69 of 408 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Tevis Gardenhire, Facilitator for Art is Motivation (AIM), with an address of 1118 S. Monterey Circle, Boynton Beach, FL 33436, hereinafter referred to as "PROVIDER". WITNESSETH: 5.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-65 is amended as set forth below. 6.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3 The PROVIDER does accept the term of the engagement shall continue until December 31, 2010. 70 of 408 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 71 of 408 WITNESSES: _________________ BY:__________________________ Tevis Gardenhire, Facilitator _________________ Art is Motivation STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 72 of 408 6. H CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-128 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Greg Russ, Russo Consulting Group Inc., 10727 Palm Springs Drive, Boca Raton, Florida, 33428 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 ER: The YVPP program was originally funded by the County through XPLANATION OF EQUEST an ILA that allowed the City to be reimbursed for expenses incurred in the planning and implementation of the YVPP program, up to the amount of $279,900 from October 1, 2009 through September 30, 2010. However, due to some administrative delays, the program did not actually begin till late January, 2010. Consequently, funds are still available to continue offering the program till December 31, 2010. The original Services Agreement with the Provider (Resolution No. R10-66) was ratified at the June 1, 2010 Commission Meeting. Item #3 of the Agreement reads as follows: TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City and shall continue until September 30, 2010. This needs to be changed to December 31, 2010. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through the end of the year. FI: None, no additional funds are necessary. ISCAL MPACT A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 73 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND GREG RUSSO, RUSSO CONSULTING GROUP, INC., TO EXTEND THE TERM TO DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Greg Russo, Russo Consulting Group, Inc; and WHEREAS , due to some administrative delays, the program did not begin as contemplated and therefore the term of the Agreement is being extended to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Greg Russo, Russo Consulting Group, Inc., extending the term of the Agreement until December 31, 2010, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 74 of 408 Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 75 of 408 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Greg Russ, Russo Consulting Group Inc., with an address of 10727 Palm Springs Drive, Boca Raton, FL 33428, hereinafter referred to as "PROVIDER". WITNESSETH: 7.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-66 is amended as set forth below. 8.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3 The PROVIDER does accept the term of the engagement shall continue until December 31, 2010. 76 of 408 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 77 of 408 WITNESSES: _________________ BY:__________________________ Greg Russo _________________ Russo Consulting Group, Inc. 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 _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 78 of 408 6. I CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-129 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Gary Davis, Art of Film Making Audio Visual Life Skills, 5056 Lantana Road, Unit 4205, Lake Worth, Florida, 33463 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 ER: The YVPP program was originally funded by the County through XPLANATION OF EQUEST an ILA that allowed the City to be reimbursed for expenses incurred in the planning and implementation of the YVPP program, up to the amount of $279,900 from October 1, 2009 through September 30, 2010. However, due to some administrative delays, the program did not actually begin till late January, 2010. Consequently, funds are still available to continue offering the program till December 31, 2010. The original Services Agreement with the Provider (Resolution No. R10-67) was ratified at the June 1, 2010 Commission Meeting. Item #3 of the Agreement reads as follows: TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City and shall continue until September 30, 2010. This needs to be changed to December 31, 2010. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through the end of the year. FI: None, no additional funds are necessary. ISCAL MPACT A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 79 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND GARY DAVIS, FACILITATOR FOR ART OF FILM MAKING AUDIO/VISUAL LIFE SKILLS, TO EXTEND THE TERM TO DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Gary Davis, Facilitator for Art of Film Making Audio/Visual Life Skills; and WHEREAS , due to some administrative delays, the program did not begin as contemplated and therefore the term of the Agreement is being extended to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Gary Davis, Facilitator for Art of Film Making Audio/Visual Life Skills extending the term of the Agreement until December 31, 2010, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. 80 of 408 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 81 of 408 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Gary Davis, Facilitator, Art of Film Making Audio/Visual Life Skills., with an address of 5056 Lantana Road, Unit 4205, Lake Worth, FL 33463, hereinafter referred to as "PROVIDER". WITNESSETH: 9.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-67 is amended as set forth below. 10.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3 The PROVIDER does accept the term of the engagement shall continue until December 31, 2010. 82 of 408 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 83 of 408 WITNESSES: _________________ BY:__________________________ Gary Davis, Facilitator for _________________ Art of Film Making Audio/Visual Life Skils 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 _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 84 of 408 6. J CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-130 - Approve the EQUESTED CTION BY ITY OMMISSION addendum to the Services Agreement with Richard Brochu, Hooked on Fishing Not on Drugs, 7067 Peninsula Court, Lake Worth, Florida, 33467 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 ER: The YVPP program was originally funded by the County through XPLANATION OF EQUEST an ILA that allowed the City to be reimbursed for expenses incurred in the planning and implementation of the YVPP program, up to the amount of $279,900 from October 1, 2009 through September 30, 2010. However, due to some administrative delays, the program did not actually begin till late January, 2010. Consequently, funds are still available to continue offering the program till December 31, 2010. The original Services Agreement with the Provider (Resolution No. R10-68) was ratified at the June 1, 2010 Commission Meeting. Item #3 of the Agreement reads as follows: TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City and shall continue until September 30, 2010. This needs to be changed to December 31, 2010. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through the end of the year. FI: None, no additional funds are necessary. ISCAL MPACT A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 85 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND RICHARD BROCHU, FACILITATOR FOR HOOKED ON FISHING NOT ON DRUGS, TO EXTEND THE TERM TO DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs; and WHEREAS, due to some administrative delays, the program did not begin as contemplated and therefore the term of the Agreement is being extended to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs extending the term of the Agreement until December 31, 2010, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA 86 of 408 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 87 of 408 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and Richard Brochu, Facilitator for Hooked on Fishing Not on Drugs, with an address of 7067 Peninsular Court, Lake Worth, FL 33467, hereinafter referred to as "PROVIDER". WITNESSETH: 11.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-68 is amended as set forth below. 12.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3 The PROVIDER does accept the term of the engagement shall continue until December 31, 2010. 88 of 408 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 89 of 408 WITNESSES: _________________ BY:__________________________ Richard Brochu, Facilitator for _________________ Hooked on Fishing Not on Drugs STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ____________________, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 90 of 408 6. K CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-131 - Approve the EQUESTED CTION BY ITY OMMISSION th addendum to the Services Agreement with Kayla Lundy, Success Teens, 1695 W. 26 Street, Riviera Beach, Florida, 33404 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31, 2010 ER: The YVPP program was originally funded by the County through XPLANATION OF EQUEST an Inter Local Agreement allowing the City to be reimbursed for expenses incurred in the planning and implementation of the YVPP program, up to the amount of $279,900 from October 1, 2009 through September 30, 2010. However, due to some administrative delays, the program did not actually begin till late January, 2010. Consequently, funds are still available to continue offering the program until December 31, 2010. The original Services Agreement with the Provider (Resolution No. R10-70) was ratified at the June 1, 2010 Commission Meeting. Item #3 of the Agreement reads as follows: TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City and shall continue until September 30, 2010. This needs to be changed to December 31, 2010. H? This will allow us to extend the program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES through the end of the year. FI: None, no additional funds are necessary. ISCAL MPACT A: Do not amend services agreements for the YVPP Providers. LTERNATIVES 91 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ADDENDUM TO YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND KAYLA LUNDY, FACILITATOR FOR SUCCESS TEENS, TO EXTEND THE TERM TO DECEMBER 31, 2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the Board of County Commissioners, Palm Beach County, Florida for the concept of developing a Youth Empowerment Center to curtail violent and criminal behavior by providing holistic activities geared toward improving the livelihood of the participants; and WHEREAS , on June 1, 2010, the City of Boynton Beach approved a Services Agreement for Youth Empowerment Center with Kayla Lundy, Facilitator for Success Teens; and WHEREAS, due to some administrative delays, the program did not begin as contemplated and therefore the term of the Agreement is being extended to December 31, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager and City Clerk to execute an Addendum to Youth Empowerment Center Services Agreement with Kayla Lundy, Facilitator for Success Teens extending the term of the Agreement until December 31, 2010, a copy of the Addendum to Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA 92 of 408 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 93 of 408 ADDENDUM TO SERVICES AGREEMENT FOR Youth Empowerment Center This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and th Kayla Lundy, facilitator for Success Teens, with an address of 1695 W. 26 St., Riviera Beach, FL 33404, hereinafter referred to as "PROVIDER". WITNESSETH: 13.The Agreement between the CITY and the PROVIDER approved by the City Commission on June 1, 2010, via Resolution R10-70 is amended as set forth below. 14.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and DEVELOPER agree as follows: 3 The PROVIDER does accept the term of the engagement shall continue until December 31, 2010. 94 of 408 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY:____________________________ Kurt Bressner, City Manager ATTEST: APPROVED AS TO FORM: ___________________ __________________________ Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Kurt Bressner, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ___ day of _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 95 of 408 WITNESSES: _________________ BY:__________________________ Kayla Lundy, Facilitator for Success Teens _________________ 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 _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 96 of 408 6. L CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve adjusting the value of the authorization for the EQUESTED CTION BY ITY OMMISSION direct purchase of 36-inch diameter pipe supplies from Ferguson Enterprises, Inc., upward from $844,467.80 (as approved on July 20, 2010) to $884,999.85; as required for the Wellfield Interconnect Project-Section A. ER: On August 20, 2010, the City Commission authorized the direct XPLANATION OF EQUEST purchase of pipe materials from Ferguson Enterprises, Inc. as part of the Wellfield Interconnect- Section A project. The direct purchase encompassed two types of piping; namely (1) a push-on bell and spigot type, and (2) a restrained joint bell and spigot type. Further in-depth analysis (attached), conducted prior to installation, revealed that a lesser quantity of push-on pipe and a greater quantity of restrained joint pipe is required. This is to insure that the pipe is properly restrained against thrust forces over its entire length. As the pricing for these types of pipe differ, the total approved authorization must be increased to cover the net difference in the cost of the pipe. An itemization of piping quantities and their unit cost is attached. Five specially fabricated sections of pipe with tangential outlets (to accommodate air-release assemblies) have also been added to the order. The net increase in cost to the City is $ 40,532.05. H? No effect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The total cost for piping materials associated with this project is available in ISCAL MPACT account 404-5000-590.96-01 (WTR136) 97 of 408 A: None. The appropriate type of pipe must be installed in the proper place, in LTERNATIVES order for this project to function properly and reliably. Substituting the push-on pipe for the restrained joint pipe is not an option. 98 of 408 99 of 408 100 of 408 101 of 408 102 of 408 103 of 408 104 of 408 105 of 408 106 of 408 107 of 408 108 of 408 109 of 408 110 of 408 111 of 408 112 of 408 113 of 408 114 of 408 115 of 408 116 of 408 117 of 408 118 of 408 6. M CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve full release of surety for the project known as K- EQUESTED CTION BY ITY OMMISSION Mart Expansion - Boynton West Shopping Center, and authorize refunding the $61,000 cash surety to K-Mart Corporation. ER: This project involved the re-routing of existing utility lines in XPLANATION OF EQUEST anticipation of a building expansion. All lines have been installed, and have performed adequately. A new utilities easement has been dedicated and recorded. The cash refund of $61,000 should be returned to: Development Manager K-Mart Corporation, International Headquarters 3100 West Big Beaver Road Troy, MI 48084-3163 H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES City Manager Comment: This parcel is outside the City limits but is located within the City’s utility service area. 119 of 408 120 of 408 121 of 408 122 of 408 RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of$ 61,000.00. TO: Kmart Corporation International Headquarters 3100 West Big Beaver Beaver Road Troy, MI 48084-3163 FOR:Full release of cash surety for the project known as Kmart Expansion Commission Approval: Requested By: Peter Mazzella, Deputy Utilities Director Date: September 3, 2010 Approvals: FUND DEPTBASIC ELEOBJAMOUNT 401 0000 220 99 00 61,000.00 Div Head Finance Dept. City Manager 61,000.00 123 of 408 6. N CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the updated Library Long Range Plan for 2010- EQUESTED CTION BY ITY OMMISSION 2013. ER: The State requires that each year, the City Commission formally XPLANATION OF EQUEST approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This plan is a three-year rolling plan that is updated each year by Library Administration and approved by City Commission. H? Approval will qualify the Library to apply OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in the FY2010-2011 Budget Request. FI: State Aid Grants bring additional library resources to the community ISCAL MPACT (estimated at $53,707 for FY10-11). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor requested in this plan. A: Do not approve and eliminate the Library from the State Aid Grant Program. LTERNATIVES 124 of 408 125 of 408 126 of 408 127 of 408 128 of 408 129 of 408 130 of 408 131 of 408 132 of 408 133 of 408 134 of 408 135 of 408 136 of 408 6. O CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-132 - Approve an EQUESTED CTION BY ITY OMMISSION application and agreement for Library State Aid To Public Libraries Grant for FY2010-2011. ER: The State requires that each year, the City Commission authorize XPLANATION OF EQUEST the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on FY2008-2009 City of Boynton Beach funds expended for Library Services ($2,470,531). Final grant award, which is estimated to be $53,707, will be announced in February 2011 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida. H? Approval will qualify the Library to receive OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. FI: State Aid Grants are operational grants that bring additional library resources ISCAL MPACT to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. A: Do not approve and eliminate the Library from the State Aid Grant Program. LTERNATIVES 137 of 408 RESOLUTION NO. R 10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE LIBRARY STATE AID GRANT APPLICATION AND AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR THE FISCAL YEAR 2010-2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the Grant Application and Agreement for Library State Aid each year; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize execution of the Library State Aid Grant Application and Agreement with the Florida Department of State, Division of Library and Information Services for the Fiscal Year 2010-2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize execution of the Library State Aid Grant Application and Agreement with Florida Department of State, Division of Library and Information Services for the Fiscal Year 2010-2011, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 138 of 408 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 139 of 408 140 of 408 141 of 408 142 of 408 143 of 408 144 of 408 145 of 408 146 of 408 147 of 408 6. P CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21. 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-133 - Approve a EQUESTED CTION BY ITY OMMISSION three-year Processing Agreement between SUN RECYCLING, LLC ("SUN"), 790 Hillbrath Drive, Lantana, FL and the City of Boynton Beach ("CITY") to allow the City to transfer recycling material including yard waste, mixed recyclables and construction and demolition debris to the Sun Processing Facility allowing for tracking of material at a lower cost per ton. CP: October 1, 2010 to September 30, 2012, provision for two (2) additional ONTRACT ERIOD three (3) year renewals. ER: SUN owns and operates solid waste processing centers and XPLANATION OF EQUEST transfer stations; two of the processing centers being located in Palm Beach County. The processing facilities process, recycle, and market recycled solid waste products using advanced technology. SUN facility at Lantana is fully permitted and licensed by the Solid Waste Authority of Palm Beach County (“SWA”), the Palm Beach County Health Department, and the Florida Department of Environmental Protection and will receive construction and demolition debris from the CITY as defined in Chapter 403, Part IV, Florida Statutes. The foregoing shall also include yard waste and mixed recyclables generated by the CITY. SUN estimates that they can process up to seventy percent of our bulk debris. SUN will provide the CITY with the necessary documentation to support the State’s Leadership in Energy and Environmental Design (LEED) certification for CITY projects so designated. SUN Recycling is the only local processing facility in the surrounding area that will except our bulk trash material i.e., wood, plastic, metal, etc. and provide the LEED certification needed for reporting recycling activity to the State (see attached letter from SUN Recycling). 148 of 408 H? Currently the Solid Waste Division is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES taking only construction and demolition debris to the SUN Recycling site. By entering into this agreement the Solid Waste Division will be able to utilize this site for additional recycling materials including yard waste and mixed recyclables. This processing center is available to the City to allow it to reach its recycling goals and those required by Chapter 403, Part IV, Florida Statutes, including but not limited to the long term goal (2020) of the CITY to reduce the amount of recyclable solid waste disposed of by a statewide average of at least 75 percent. FI: Using this facility will save the CITY $3.00 per ton as compared to what we are ISCAL MPACT currently being charged by the Solid Waste Authority for recycling material. This is a savings of $32,400 per year. The recommended Agreement is for October 1, 2010 thru September 30, 2013, charged to budget line 431-2515-534-34-62 with an estimated expenditure of $ 327,600 per year. If this same material was taken to the Solid Waste Authority transfer site it would be at a cost of $352,800 per year. A: Not to approve the agreement and risk the benefits of the recycling program. LTERNATIVES This would impede meeting the City’s State mandated goal of forty percent by December of 2012. . 149 of 408 RESOLUTION NO. R 10 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR PROCESSING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SUN RECYCLING, LLC., TO ALLOW THE CITY TO TRANSFER RECYCLING MATERIAL ALLOWING FOR TRACKING OF MATERIAL AT A LOWER COST PER TON, IN AN ESTIMATED EXPENDITURE OF $327,600.00 PER YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, currently the Solid Waste Division is taking only construction and demolition debris to the Sun Recycling site however it is available for additional recycling materials including yard waste and mixed recyclables; and WHEREAS , the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Processing Agreement with Sun recycling, LLC., to allow the City to transfer recycling materials including yard waste, mixed recyclables and construction and demolition debris to the Sun Processing Facility allowing for tracking material at a lower cost per ton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute a Service Agreement between the City of Boynton Beach and Sun recycling, LLC., to allow the City to transfer recycling materials including yard waste, mixed recyclables and construction and demolition debris to the Sun Processing Facility allowing for tracking material at a lower cost per ton for an estimated annual expenditure of $327,600.00, a copy of said Agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. 150 of 408 PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ ATTEST: Commissioner – Steven Holzman _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 151 of 408 152 of 408 153 of 408 154 of 408 155 of 408 156 of 408 157 of 408 158 of 408 6. Q CONSENT AGENDA September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-134 - Approve an EQUESTED CTION BY ITY OMMISSION agreement with Mangrove Employer Services to provide COBRA Administrative services, to assist the City as Plan Sponsor in complying with certain Federal requirements regarding the City's welfare benefit health plans including Medical, Dental and Vision. ER: Mangrove Employer Services, Inc. would replace the current XPLANATION OF EQUEST COBRA Administration provider, Ceridian. Mangrove would assist the City as Plan Sponsor in complying with requirements of the Internal Revenue Code of 1986, as amended (the Code) and the Employee Retirement Income Security Act of 1974, as amended (ERISA) that pertain to the continuation of health benefits coverage regulated by the Consolidated Omnibus Budget Reconcilation Act of 1986, as amended (COBRA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The City’s benefit consultant, Willis of Florida requested quotes for COBRA Administration with the ability to provide HIPAA certifications at the end of COBRA. Of the three (3) quotes received (Exhibit 1), Mangrove was selected based on their scope of services and competitive proposal. Approval is requested for the COBRA Administration Agreement (Exhibit 2). Mangrove’s Agreement is for an initial three (3) year term. The Agreement will automatically renew for successive one (1) year terms unless cancelled by either party in accordance with the Agreement. H? There will be little impact to City programs OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES or services. The City will notify the employees of the change in vendors. 159 of 408 FI: For FY10/11, an Administrative Fee of $0.45 per insured per month will be ISCAL MPACT funded in account 001-1610-513-49-17, Other Contractual Services. Fees are estimated to be $426.60 per month ($5,120. annually). There is no charge for HIPAA certifications for a period of 24 months. A: Select Infinisource and pay $9,670 annually or Ceridian that does not provide LTERNATIVES HIPAA certifications at the end of COBRA. 160 of 408 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A COBRA ADMINISTRATIVE SERVICES AGREEMENT WITH MANGROVE BENEFIT SERVICES, INC., TO PROVIDE COBRA ADMINISTRATIVE SERVICES AND ASSIST THE CITY AS PLAN SPONSOR REGARDING THE CITY’S WELFARE BENEFIT HEALTH PLANS; . PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Boynton Beach desires to authorize the City Manager to execute a COBRA Administrative Agreement with Mangrove Benefit Services, Inc., to provide COBRA Administrative Services and assist the City as Plan Sponsor in complying with certain Federal requirements regarding the City’s welfare benefit health plans including Medical, Dental and Vision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve authorize the City Manager to execute a COBRA Administrative Agreement with Mangrove Benefit Services, Inc., to provide COBRA Administrative Services and assist the City as Plan Sponsor in complying with certain Federal requirements regarding the City’s welfare benefit health plans including Medical, Dental and Vision. . Section 3. This Resolution shall become effective immediately upon passage 161 of 408 PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 162 of 408 163 of 408 164 of 408 165 of 408 166 of 408 167 of 408 168 of 408 169 of 408 7. A BIDS AND PURCHASES OVER $100,000 September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-135 - Approve EQUESTED CTION BY ITY OMMISSION Addendum to Construction Services Agreement with B&B Underground Contractors, Inc. to exceed the authorized project amount of $2,466,047.87 by an additional $27,749.61 for the S.E. 4th Street Water Main, Stormwater and Roadway Improvement Project for a final project total of $2,493,797.48. ER: On April 21, 2009, the City Commission authorized the execution XPLANATION OF EQUEST of a contract with B&B Underground Contractors, Inc. (B&B) to construct potable water main, TH reclaimed water main, stormwater and roadway improvements on SE 4 Street in the amount of $2,241,861.70 plus a 10% contingency of $224,186.17, resulting in an original funding amount of $2,466,047.87. Of the $224,186.17 approved contingency, during the course of the project, $210,003.00 was spent to address unforeseen conditions as discovered during construction. The $210,003.00 was documented on a total of twenty-one (21) Field Change Directives (FCDs) issued by the City. The attached FCD log provides the details for each approved change. Additionally, these 21 FCDs also granted a total time extension of 27 calendar days. Some of the challenges encountered on the project that required the issuance of FCDs included additional water and reclaimed water connections, future service connections, uncharted underground utilities, the need for conflict structures (between existing sewer laterals and the new exfiltration trench), additional signage and grade changes. 170 of 408 The following is a timeline of the executed FCDs: FCD No. 6/29/09 $4,000.00 1 FCD 7/13/09 $4,836.00 No. 2 FCD No. 8/4/09 $17,108.00 3 FCD 8/4/09 $18,959.00 No. 4 FCD No. VOID $0.00 5 FCD 8/24/09 $26,385.00 No. 6 FCD No. 8/24/09 $9,877.00 7 FCD 10/23/09 $35,725.00 No. 8 FCD No. 11/5/09 $3,210.00 9 FCD 11/5/09 $2,341.00 No. 10 FCD No. 11/5/09 $4,569.00 11 FCD 1/21/10 $14,200.00 No. 12 FCD No. 1/21/10 $39,570.00 13 FCD 3/17/10 $4,752.00 No. 14 FCD No. 3/17/10 $4,899.00 15 FCD 3/17/10 $3,105.00 No. 16 171 of 408 FCD No. 3/17/10 $3,439.00 17 FCD 3/17/10 $3,695.00 No. 18 FCD No. 5/21/10 $1,377.00 19 FCD 5/21/10 $3,913.00 No. 20 FCD No. 7/23/10 $2,205.00 21 FCD 7/23/10 $1,838.00 No. 22 TOTAL $210,003.00 Another use of the approved contingency was to pay for several key and substantial quantity over runs on the Contractor’s pay items. The quantity over runs were due to inaccurate quantities in the Engineer’s estimate and more “typical” items due to enhancements and changes made during the actual construction that could not be foreseen by the Engineer. The most significant over runs were: Trench $81,475.00 Repair Concrete $39,262.35 driveway aprons Sidewalks $17,368.01 Tree $3,000.00 removals Tree $6,000.00 removals The total amount of the executed FCDs is $210,003.00, and the total amount of quantity over runs is $124,463.60. However, the project deleted $67,380.85 due to the removal of the deep TH sewer tie-in on SE 6 Avenue. This reduced the net project over run to $57,082.75. The Utilities Department recommends final payment in the amount of $175,633.99 in accordance with the attached application for payment. The final project accounting is as follows: Reconciliation to close Purchase Order #091010 Original Purchase Order value $2,241,861.70 Approved contingency $224,186.17 Total Budget Appropriation $2,466,047.87 172 of 408 Net – Exceeds total budget appropriation $27,749.61 Total Project Cost (including DOP) $2,493,797.48 H? The project has been completed, resulting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES in improved potable water, reclaimed water, stormwater management and surface TH improvements for our residents and business owners, and improved traffic control on SE 4 Street. FI: All monies are available in accounts #403-5006-590.65-02 (WTR 124), #403- ISCAL MPACT 5006-590.65-09 (STM030), 403-5006-590.65-04 (SWR100) and 403-5006-590.65-11 (REU002). A: Since the work has been completed, there is no other alternative at this time. LTERNATIVES 173 of 408 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE CITY MANAGER AND CITY CLERK OF AN ADDENDUM TO CONTRACT FOR CONSTRUCTION SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND B 7 B UNDERGROUND CONTRACTORS, INC., REGARDING THE INCREASE TH IN FINAL PROJECT TOTAL FOR THE SOUTHEAST 4 STREET WATER MAIN, STORMWATER AND ROADWAY IMPROVEMENT PROJECT TO $2,493,797.48; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,on April 21, 2009, the City Commission authorized an agreement between the City and B & B Underground Contractors, Inc., to perform water, stormwater and roadway th improvements for the Southeast 4 Street in the amount of $2,241,861.70 plus a 10% contingency of $224,186.17, resulting in an original funding of $2,466,047.87; and WHEREAS , twenty-one Field Change Directives have caused the net project price to exceed the approved contingency by $27,749.61; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Addendum to Contract for Construction Services between the City of Boynton Beach and B & B Underground Contractors, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve execution by the City Manager and City Clerk of the Addendum to Contract for Construction Services between the City of Boynton Beach and B & B Underground Contractors, Inc., to increase the final project total to $42,493,797.48 regarding water, stormwater and roadway th improvements for the Southeast 4 Street, a copy of which Addendum is attached hereto as Exhibit “A”. 174 of 408 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 175 of 408 ADDENDUM TO CONTRACT FOR CONSTRUCTION SERVICES This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and B & B Underground Contractors, Inc., a Florida corporation, hereinafter referred to as "CONTRACTOR". WITNESSETH: 15.The Contract between the CITY and the CONTRACTOR entered into the 28th day of April, 2009 is amended as set forth below. 16.All other terms and conditions of the Contract not specifically amended shall remain in full force and effect for the balance of the term of the Contract. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: 1.1.6 The total contract amount is amended from $2,466,047.87 for a final project total of $2,493,797.48. 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 176 of 408 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 Contract 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 _______ 2010. _____________________________ NOTARY PUBLIC My Commission Expires: 177 of 408 B & B UNDERGROUND CONTRACTORS, 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 Contract 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 _______ 2010. _______________________________ NOTARY PUBLIC My Commission Expires: 178 of 408 179 of 408 180 of 408 181 of 408 182 of 408 183 of 408 184 of 408 185 of 408 186 of 408 7. B BIDS AND PURCHASES OVER $100,000 September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-136 - Award the EQUESTED CTION BY ITY OMMISSION "Two-Year Contract For Custodial Cleaning Services For Facilities", Bid #063-2511-10/JMA to JT Bay, LLC d/b/a Performance Cleaning Group, of Tampa, Florida, in the amount of $223,533.84 plus a 10% contingency for a total annual award amount of $245,887.22 for each year of the two (2) year contract. CP: October 1, 2010 to September 20, 2012, provision for two (2) additional ONTRACT ERIOD one (1) year renewals. ER: On August 17, 2010, Procurement Services opened and tabulated XPLANATION OF EQUEST thirteen (13) proposals. All proposals were reviewed by Procurement and the Public Works Department, Facilities Management Division. References were checked (copy attached) and it was determined that JT Bay, LLC d/b/a Performance Cleaning Group was the lowest, most responsive, responsible bidder who met all specifications. H? The current custodial cleaning contract OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES th will expire on September 30, 2010 which resulted in a request to bid for custodial services. The cost requests for services were broken down by buildings and location throughout the City, as well as desired frequency of service at those locations, in order to better quantify costs for providing services as requested. This recommendation is consistent with the Public Works Department operations budget submittal for FY 2010/11. Over the past eight years, city staff has transitioned in an incremental basis towards full contractual custodial services. It has been well documented that custodial services can be provided contractually in a far more cost effective manner when compared to using in-house custodial staff. As custodian vacancies arose over the years, we were able to further assign custodial duties to contractors. This year, our custodial contract was due for renewal and 187 of 408 bidding. As such, we asked bidders to provide costs to service the entire City, including those areas cleaned by three City employees. The Facilities Management budget submittal included full contractual services in the amount of $395,045.00. The proposed bid award for full custodial services is $245,887.22. Bids were so favorable this year that the custodial budget for FY 2010/11 is slightly over $300,000 less than FY 2009/10 when a combination of contractual services and city staff were utilized. Although Performance Cleaning Group has not had a historical presence in Palm Beach County, they will service the City from their South Florida office in Hallandale Beach, just 30 minutes from Boynton Beach, staff believes that this will not be a hindrance to satisfactory performance and compliance with Boynton Beach cleaning specifications. Our specifications afford very defined punitive measures that can be implemented for non- performance by the vendor. These measures include financial penalties based upon total number of deficiencies in a specified area and within a specified timeframe (typically one week). Furthermore, cancellation of the contract is an option for severe default. FI: The recommended annual bid award is $245,887.22 per year for October 1, 2010 ISCAL MPACT thru September 30, 2012 with two one-year extension options. Costs do not include the parking garage, which is cleaned by Forestry and Grounds staff, or any special services that were cut from the Facilities Management FY2010-11 budget. Funds for custodial services are budgeted in Facilities Management Division, line item 001-2511-519-34-10. The following chart depicts the evolution of budgeted funds for custodial services in entirety over the last five years: CUSTODIAL COSTS –Budget Amounts In-House Custodial Includes, Salaries, Benefits (30%) and Contractual Service Operating Expenses Total FY2005/2006 $269,400 $248,060 $517,460 1-Crew Supv. 4-Custodians FY2006/2007 $293,943 $290,092 $584,035 1-Crew Supv. 4-Custodians FY2007/2008 $184,844 $336,320 $521,164 1-Crew Supv. New Facilities 3-Custodians Added: Intracoastal Clubhouse, Library Expansion, Jaycee Park, Sims Center FY2008/2009 $201,286 $337,967 $539,253 1-Crew Supv. 2-Custodians FY2009/2010 $200,579 $331,008 $531,587 1-Crew Supv. Added Fire Station 2-Custodians 5 Administration & Eliminated 1-Deep Cleaning @ each 188 of 408 Fire Station FY2010/2011 $0 $395,045 $395,045 A: Provide all or a portion of custodial services with in-house staff. These LTERNATIVES alternatives are more costly and are not recommended. 189 of 408 RESOLUTION NO. R 10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF THE “TWO YEAR CONTRACT FOR CUSTODIAL CLEANING SERVICES FOR FACILITIES” BID NO. 063-2511-10/JMA), TO JT BAY, LLC., D/B/A PERFORMANCE CLEANING GROUP OF TAMPA, FLORIDA, IN THE AMOUNT OF $223,533.84 PLUS A 10% CONTINGENCY FOR A TOTAL ANNUAL AWARD OF $245,887.22; AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on August 17, 2010, Procurement Services received, opened and tabulated thirteen (13) proposals; and WHEREAS, all proposals were reviewed by Procurement, Public Works Department, Facilities Division and references were checked and it was determined that JT Bay, LLC., d/b/a Performance Cleaning Group was the lowest, most responsive responsible bidder who met all specifications; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the award of a Two-year Contract for Custodial Cleaning Services for Facilities” Bid #063-2511- 10/JMA to JT Bay, LLC., d/b/a Performance Cleaning Group of Tampa, Florida in the amount of $223,533.84 plus a 10% contingency for a total annual award amount if $245,887.22 for each year of the two year contract. 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 the award of a Two-year Contract for Custodial Cleaning Services for Facilities” Bid #063-2511-10/JMA to JT Bay, LLC., d/b/a Performance Cleaning Group of Tampa, Florida in the amount of $223,533.84 plus a 10% contingency for a total annual award amount if $245,887.22 for each year of the two year 190 of 408 contract, and authorizes the Mayor to execute the Agreement between the parties, a copy of which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) 191 of 408 192 of 408 193 of 408 194 of 408 195 of 408 196 of 408 197 of 408 198 of 408 199 of 408 200 of 408 201 of 408 202 of 408 203 of 408 204 of 408 205 of 408 206 of 408 207 of 408 208 of 408 209 of 408 210 of 408 AGREEMENT FOR TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the City”, and JT Bay, LLC d/b/a Performance Cleaning Group. 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 custodial services TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES in connection with the bid designated. FOR CITY FACILITIES,Bid #063-2511-10/JMA. 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 SEPTEMBER 30, 2012, with two, one (1) provide all work required pursuant to this agreement until year extensions if agreed upon by both parties . 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a.Payment for the work provided by contactor shall be made as provided on exhibit “A” attached hereto, provided that the total amount of payment to Contractor shall not exceed $18,627.82 per month, without express written modification of the agreement signed by the City. Final payment of any balance due the Contractor 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. 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 agreement 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 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. 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 damage to property occasioned by a negligent act, omission or failure of the Contractor. 211 of 408 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 agreement. Nothing in this agreement 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 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 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 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. 11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 12. 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. 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 agreement, the surviving members of the Contractor 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 Contractor and the City, if the city so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 212 of 408 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: Paula Leblanc, Facilities Management Supervisor Notices to Contractor shall be sent to the following address: 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor 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 Contractor. DATED this _____ day of _______________________ 200__. _________________________ CITY OF BOYNTON BEACH ___________________________ __________________________ Mayor Contractor __________________________ Title Attest/Authenticated: ___________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: ___________________________ __________________________ Office of the City Attorney Secretary 213 of 408 7. C BIDS AND PURCHASES OVER $100,000 September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 9/21/2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award Field Change Directive No. 1 to Insituform EQUESTED CTION BY ITY OMMISSION Technologies, for the purpose of re-lining sewer mains at Cypress Creek in the amount of $103,450.12 , of which $47,070.92 is from the previously-authorized contingency. Earlier this year, residents of the Cypress Creek community ER: XPLANATION OF EQUEST informed the Department of their plans to resurface all of the private roadways within that community, and inquired as to the reliability of all water and sewer main repairs therein. The community members were concerned that any future failures in the utility system, which required cutting of the resurfaced roadways, would leave unsightly patches for years to come. In reviewing this inquiry, the Department staff has determined that the water distribution system has received significant remediation since the inception of the community, and is now in reliable condition. Fortunately, the vitrified clay sewer system has been recently televised by the City’s contractor, and eleven (11) line segments were determined to be in need of rehabilitation. These line segments comprise a total of 412 linear feet of 12-inch diameter piping, and 2,473 linear feet of 8-inch diameter piping. In order to complete the necessary H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES rehabilitation prior to the roadway resurfacing, the Department is requesting to add the line segments to the existing contract with Insituform Technologies, employing the same unit pricing contained in that contract, and resulting in a total anticipated cost of $103,450.12 for this additional work. Of this amount, $56,379.17 is available in the current base contract value, and the balance of $47,070.92 will be derived from the Commission-approved contingency of $211,379.60. 214 of 408 FI: Funding is available in account number 403-5000-590.65-04 SWR 064 in the ISCAL MPACT $103,450.12 amount of A: The additional pipeline work could be re-scheduled and incorporated into a LTERNATIVES future pipeline project phase City Manager Comment: The City’s Infiltration Inspection Program (I&I) consists of televising segments of sanitary sewer systems. In this case, the age of the lines and the results of the I&I study make this a good candidate for repair. Because the homeowner’s association desires to resurface their internal street system this year, including the additional work at this time makes sense. 215 of 408 216 of 408 217 of 408 218 of 408 219 of 408 220 of 408 221 of 408 222 of 408 223 of 408 224 of 408 225 of 408 226 of 408 227 of 408 228 of 408 229 of 408 230 of 408 231 of 408 232 of 408 233 of 408 234 of 408 235 of 408 236 of 408 237 of 408 238 of 408 9. A PUBLIC HEARING September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-022 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Congress Middle School (ANEX 10-001) annexing a 0.95-acre property located at st the southern terminus of 31 Terrace S. Applicant: Michael C. Owens. ER: The subject parcel is one of the Palm Beach County School District XPLANATION OF EQUEST two properties contained in an enclave located immediately north of the Congress Middle School property. The annexation request is Plan’s annexation consistent with the Comprehensive objective, which emphasizes the annexation of enclaves, since it would result in the reduction of the said enclave. The annexation of the subject parcel would incorporate it into the remainder of the school property, which is already within the City’s boundaries. This would facilitate future development plans for the property by allowing consistent application of the City’s land development regulations. The Palm Beach County School District has no immediate plans for use of the property. Staff recommends approval of this request. Palm Beach County has no objections and encourages the city to pursue the annexation of the remaining parcel in the enclave. The Planning and Development Board reviewed this request on August 24, 2010 and forwards it with a recommendation for approval. Lastly, staff recommends that the two conditions that the Board attached to the accompanying requests for land use amendment and rezoning be instead attached to the subject annexation request. The conditions are as follows: The City will amend the land use classification of the entire Congress Middle School 1. property to reclassify it to Public and Private Governmental/Institutional (PPGI) for consistency with the Public Usage (PU) zoning designation. The said amendment will be considered for processing in one of the two 2011 amendment cycles; and 239 of 408 The Palm Beach County School District will bring the subject parcel under the Unity of 2. Title with the remainder of the property. Attaching conditions to a rezoning request may be interpreted as a “contract” or “conditional” zoning, and as such is inconsistent with good zoning theory and practice. Likewise, conditions are not usually attached to land use amendments. Moreover, if the Commission supports condition #1, staff recommends that no time constraints be stipulated or, alternatively, that the land use amendment specified in the subject condition be addressed, at the latest, as a part of the amendments based on the Evaluation and Appraisal Report (EAR). The EAR for the city is due in November 2012, and the subsequent amendments to the Comprehensive Plan must be adopted within 18 months. The reason for this recommendation is the uncertainty regarding the implications of the passing of Amendment 4 in November. Pursuant to Amendment 4, a referendum would be required for a land use amendment, at a significant cost to the city. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request leaving the parcel in Palm Beach County and the LTERNATIVES enclave at its current size. S:\Planning\SHARED\WP\PROJECTS\PALM BEACH COUNTY SCHOOL DISTRICT\Congress Middle Annex\Agenda Cover Sheet 092110 240 of 408 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 0.95+/- ACRE OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY BOUNDARIES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREAS, The School District of Palm Beach County, owner, by and through its agent, Michael C. Owens, of the property more particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of approximately 0.05 +/- acre; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and WHEREAS , said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City boundary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. 241 of 408 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: LOT E, BLOCK 30, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BRACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDAat is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section3: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section 2 of this Ordinance. Section 4: That by Ordinances adopted simultaneously herewith, the proper City zoning designation and Land Use category is being determined as contemplated in Section 171.162(2), Florida Statutes. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: 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 7: This Ordinance shall not be passed until the same has been advertised for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 8. This ordinance shall become effective immediately upon passage. Section 9. This ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 242 of 408 FIRST READING this _____ day of _______________, 2010. SECOND, FINAL READING and PASSAGE this _____ day of __________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _______________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) 243 of 408 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-054 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:August 11, 2010 PROJECT NAME/NO: Congress Middle School / ANEX 10-001/LUAR 10-001 REQUEST: Approve Congress Middle School (ANEX 10-001) annexing a 0.95 acre st property located at the southern terminus of 31. Applicant: Michael C. Owens. REQUEST: Approve Congress Middle School (LUAR 10-001) reclassifying subject property from Palm Beach County’s IND (Industrial) to MoDR (Moderate Density Residential). Applicant: Michael C. Owens. REQUEST: Approve Congress Middle School (LUAR 10-001) rezoning subject property from Palm Beach County’s AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens. PROJECT DESCRIPTION Property Owner/Applicant: The School District of Palm Beach County Agent: Michael C. Owens st Location: West of southern terminus of 31 Terrace S., contiguous to the northern boundary of the Congress Middle School at 101 S. Congress Avenue (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Industrial (IND)/Agricultural Residential (AR), Palm Beach County Proposed Land Use/Zoning: Moderate Density Residential (MoDR) / Public Usage (PU) Proposed Use: No development plan at this time Acreage: 0.95 acres Adjacent Uses: 244 of 408 North: Developed property (warehouse / distribution), designated Industrial (IND) and zoned Light Industrial District (IL), in Palm Beach County; South: Congress Middle School, designated Moderate Density Residential (MoDR) and zoned Public Usage (PU); st East: Congress Middle School to the southeast, southern terminus of 31 Terrace S to the northeast, and farther northeast, a developed commercial property (Boynton Plaza), designated Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: Developed property (BJS Wholesale Club), designated Local Retail Commercial (LRC) and zoned Planned Commercial Development (PCD). EXECUTIVE SUMMARY Staff recommends that the requested annexation, land use amendment and rezoning be approved for the following reasons: 1. The requested annexation meets the statutory requirements for municipal annexations pursuant to Chapter 171, F.S.; 2. The request is consistent with the Comprehensive Plan’s annexation objective which emphasizes the annexation of enclaves, and other relevant policies pertaining to annexation and school siting; and 3. The requested land use classification and zoning designation for subject parcel is consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. BACKGROUND Congress Middle School was built in 1976; in 2007, the Palm Beach County School District completed a major site plan modification which included a new school building, gymnasium building and recreation amenities. An addition to the school’s 38-acre property, the subject parcel was purchased by the School District of Palm Beach County in 2008. The parcel is one of the two properties contained in an enclave located immediately north of the school property. The main part of the Congress Middle School site, located within the City’s boundary, is currently classified Moderate Density Residential (MoDR) and zoned Public Usage (PU). This zoning designation is inconsistent with the underlying land use classification since the only classification consistent with the PU designation is the category of Public and Private Governmental/Institutional (PPGI). However, it is also pertinent to note that a public school is a permitted use in both the MoDR land use classification (public schools are allowed in all residential land use categories) and in the PU zoning district. The majority of the City’s public schools are classified PPGI and zoned PU. The exceptions are the Citrus Cove Elementary on Lawrence Road, classified Low Density Residential (LDR) and zoned R1AA, Single Family, and the Boynton Beach High School, located in Quantum Park, classified Development of Regional Impact (DRI) and zoned Planned Industrial Development (PID). 245 of 408 Given the School District process for the subject request, it is not feasible to amend the land use classification of the entire Congress Middle School property to reclassify it to PPGI at this time. Such amendment would require a lenghty large-scale amendment process, taking up to six months. Staff is planning to address this inconsistency by combining the said amendment with another large- scale amendment in an appropriate amendment cycle. Please note that the subject parcel’s current Industrial land use classification is also inconsistent with its current zoning designation of “AR”. Even though a public school is a permitted use in the County’s Industrial land use, it is not allowed in the AR zoning district. If the parcel is not annexed, its future development for expansion of the school facilities would require a rezoning to a Light Industrial designation and a conditional use permit, or, alternatively, both land use amendment and rezoning. PROJECT ANALYSIS Small Scale Amendment. The parcel which is the subject of this request for annexation, land use amendment, and rezoning totals approximately 41,243 square feet or 0.95 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale” amendment. A “small-scale” amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The site is currently undeveloped, and the Palm Beach County School District has no immediate plans for improvements on the property. Comprehensive Plan Consistency Review . Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as the proposed residential land land use classification for the subject parcel is consistent with the Palm Beach County Comprehensive Plan, Policy 2.2.8-a of the Future Land Use Element on Institutional and Public Facilities which encourages the County to locate schools in proximity to urban residential areas by “considering schools as an allowable use within all urban residential land use categories”. Moreover, the proposed land use and zoning should be – and are - consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. Staff analysis below relates to consistency with relevant portions of the Comprehensive Plan and the long-term capacity availability for public facilities. Annexation. 1. The annexation of this parcel is consistent with annexation objectives and policies within the comprehensive plan. Specifically, it will further Objectives 1.15 and 8.4 from the Future Land Use and Intergovernmental Coordination elements through the reduction of an enclave:  Objective 1.15: The City will continue to expand through annexation of enclaves, pockets and other contiguous properties.  Objective 8.4 The City will continue to coordinate the annexation of enclaves, pockets and other contiguous properties with Palm Beach County, contiguous municipalities and any affected agencies School Siting and Coordination with Palm Beach County School District 2. . The subject request is consistent with City’s Comprehensive Plan objectives and policies of the Public School Facilities, Intergovernmental Coordination and Future Land Use elements regarding school siting and coordination with the Palm Beach County School District, including the following: 246 of 408  Policy 8.17.1: The City Of Boynton Beach shall coordinate with the School District in order to “Coordinate planning with the School District regarding population projections, school siting, projections of development and redevelopment for the coming year, infrastructure required to support school facilities and amendments to the future land use plan element” Long-Term Capacity Planning for Public Facilities. 3. Asstated in the “Background” section of this report, the Congress Middle School underwent a major site plan modification in 2007. The latest Draft Concurrency Table obtained by staff indicates that the school enrollment is projected to increase from the current 922 to 997 in the school year 2014/2015. Moreover, the current capacity utilization is only 64%, with a projected increase to 70%. There are no improvements such as an increase of classroom space planned for the subject site in foreseeable future, which would generate a significant impact on public facilities. RECOMMENDATION As indicated herein, staff has reviewed the proposed annexation, land use amendment and rezoning and found it consistent with the Comprehensive Plan objectives and policies. Furthermore, the requested land use classification and zoning designation for the subject parcel is consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\PALM BEACH COUNTY SCHOOL DISTRICT\Congress MS 2010\Congress Middle Annexation Staff Report.doc 247 of 408 248 of 408 9. B PUBLIC HEARING September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANACE NO. 10-023 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Congress Middle School (LUAR 10-001) reclassifying land use designation of subject property from Palm Beach County's IND (industrial) to MoDR (Moderate Density Residential. Applicant: Michael C. Owens. ER: This is a request that accompanies the application for annexation XPLANATION OF EQUEST of the parcel, which is one of the two properties contained in Palm Beach County School District an enclave located immediately north of the Congress Middle School property. The request is to reclassify the subject parcel to the MoDR land use category, which is consistent with the land use classification of the remainder of the Congress Middle School property, located within the City’s boundary. The Palm Beach County School District has no immediate plans for use of the property. Staff recommends approval of this request. The Planning and Development Board reviewed this request on August 24, 2010 and forwards it with a recommendation for approval, with the following condition: The City will amend the land use classification of the entire Congress Middle School 3. property to reclassify it to Public and Private Governmental/Institutional (PPGI) for consistency with the Public Usage (PU) zoning designation. The said amendment will be considered for processing in one of the two 2011 amendment cycles. Staff recommends that the above condition be instead attached to the annexation request for the subject parcel. Moreover, if the Commission supports this condition, staff recommends that no time constraints be stipulated or, alternatively, that the land use amendment specified in the 249 of 408 subject condition be addressed, at the latest, as a part of the amendments based on the Evaluation and Appraisal Report (EAR). The EAR for the city is due in November 2012, and the subsequent amendments to the Comprehensive Plan must be adopted within 18 months. The reason for this recommendation is the uncertainty regarding the implications of the passing of Amendment 4 in November. Pursuant to Amendment 4, a referendum would be required for a land use amendment, at a significant cost to the city. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 250 of 408 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND ST LOCATED WEST OF THE SOUTHERN TERMINUS OF 31 TERRACE SOUTH, CONTIGUOUS TO THE NORTHERN BOUNDARY OF THE CONGRESS MIDDLE SCHOOL AT 101 SOUTH CONGRESS AVENUE; CHANGING THE LAND USE DESIGNATION FROM PALM BEACH COUNTY INDUSTRIAL (IND) TO MODERATE DENSITY RESIDENTIAL (MoDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located atwest of the southern st terminus of 31 Terrace South, contiguous to the northern boundary of the Congress Middle School at 101 South Congress Avenue; changing the land use designation from Palm Beach County 251 of 408 Industrial (IND) to Moderate Density Residential (MoDR): LOT E, BLOCK 30, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BRACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING APPROX. 41,243 SQUARE FEET / 0.95 ACRE, MORE OR LESS. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: 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 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this _____ day of _______________, 2010. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2010. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jose Rodriguez ____________________________ Vice Mayor – Marlene Ross _____________________________ Commissioner – William Orlove 252 of 408 ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 253 of 408 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-054 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:August 11, 2010 PROJECT NAME/NO: Congress Middle School / ANEX 10-001/LUAR 10-001 REQUEST: Approve Congress Middle School (ANEX 10-001) annexing a 0.95 acre st property located at the southern terminus of 31. Applicant: Michael C. Owens. REQUEST: Approve Congress Middle School (LUAR 10-001) reclassifying subject property from Palm Beach County’s IND (Industrial) to MoDR (Moderate Density Residential). Applicant: Michael C. Owens. REQUEST: Approve Congress Middle School (LUAR 10-001) rezoning subject property from Palm Beach County’s AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens. PROJECT DESCRIPTION Property Owner/Applicant: The School District of Palm Beach County Agent: Michael C. Owens st Location: West of southern terminus of 31 Terrace S., contiguous to the northern boundary of the Congress Middle School at 101 S. Congress Avenue (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Industrial (IND)/Agricultural Residential (AR), Palm Beach County Proposed Land Use/Zoning: Moderate Density Residential (MoDR) / Public Usage (PU) Proposed Use: No development plan at this time Acreage: 0.95 acres Adjacent Uses: 254 of 408 North: Developed property (warehouse / distribution), designated Industrial (IND) and zoned Light Industrial District (IL), in Palm Beach County; South: Congress Middle School, designated Moderate Density Residential (MoDR) and zoned Public Usage (PU); st East: Congress Middle School to the southeast, southern terminus of 31 Terrace S to the northeast, and farther northeast, a developed commercial property (Boynton Plaza), designated Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: Developed property (BJS Wholesale Club), designated Local Retail Commercial (LRC) and zoned Planned Commercial Development (PCD). EXECUTIVE SUMMARY Staff recommends that the requested annexation, land use amendment and rezoning be approved for the following reasons: 4. The requested annexation meets the statutory requirements for municipal annexations pursuant to Chapter 171, F.S.; 5. The request is consistent with the Comprehensive Plan’s annexation objective which emphasizes the annexation of enclaves, and other relevant policies pertaining to annexation and school siting; and 6. The requested land use classification and zoning designation for subject parcel is consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. BACKGROUND Congress Middle School was built in 1976; in 2007, the Palm Beach County School District completed a major site plan modification which included a new school building, gymnasium building and recreation amenities. An addition to the school’s 38-acre property, the subject parcel was purchased by the School District of Palm Beach County in 2008. The parcel is one of the two properties contained in an enclave located immediately north of the school property. The main part of the Congress Middle School site, located within the City’s boundary, is currently classified Moderate Density Residential (MoDR) and zoned Public Usage (PU). This zoning designation is inconsistent with the underlying land use classification since the only classification consistent with the PU designation is the category of Public and Private Governmental/Institutional (PPGI). However, it is also pertinent to note that a public school is a permitted use in both the MoDR land use classification (public schools are allowed in all residential land use categories) and in the PU zoning district. The majority of the City’s public schools are classified PPGI and zoned PU. The exceptions are the Citrus Cove Elementary on Lawrence Road, classified Low Density Residential (LDR) and zoned R1AA, Single Family, and the Boynton Beach High School, located in Quantum Park, classified Development of Regional Impact (DRI) and zoned Planned Industrial Development (PID). 255 of 408 Given the School District process for the subject request, it is not feasible to amend the land use classification of the entire Congress Middle School property to reclassify it to PPGI at this time. Such amendment would require a lenghty large-scale amendment process, taking up to six months. Staff is planning to address this inconsistency by combining the said amendment with another large- scale amendment in an appropriate amendment cycle. Please note that the subject parcel’s current Industrial land use classification is also inconsistent with its current zoning designation of “AR”. Even though a public school is a permitted use in the County’s Industrial land use, it is not allowed in the AR zoning district. If the parcel is not annexed, its future development for expansion of the school facilities would require a rezoning to a Light Industrial designation and a conditional use permit, or, alternatively, both land use amendment and rezoning. PROJECT ANALYSIS Small Scale Amendment. The parcel which is the subject of this request for annexation, land use amendment, and rezoning totals approximately 41,243 square feet or 0.95 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale” amendment. A “small-scale” amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The site is currently undeveloped, and the Palm Beach County School District has no immediate plans for improvements on the property. Comprehensive Plan Consistency Review . Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as the proposed residential land land use classification for the subject parcel is consistent with the Palm Beach County Comprehensive Plan, Policy 2.2.8-a of the Future Land Use Element on Institutional and Public Facilities which encourages the County to locate schools in proximity to urban residential areas by “considering schools as an allowable use within all urban residential land use categories”. Moreover, the proposed land use and zoning should be – and are - consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. Staff analysis below relates to consistency with relevant portions of the Comprehensive Plan and the long-term capacity availability for public facilities. Annexation. 4. The annexation of this parcel is consistent with annexation objectives and policies within the comprehensive plan. Specifically, it will further Objectives 1.15 and 8.4 from the Future Land Use and Intergovernmental Coordination elements through the reduction of an enclave:  Objective 1.15: The City will continue to expand through annexation of enclaves, pockets and other contiguous properties.  Objective 8.4 The City will continue to coordinate the annexation of enclaves, pockets and other contiguous properties with Palm Beach County, contiguous municipalities and any affected agencies School Siting and Coordination with Palm Beach County School District 5. . The subject request is consistent with City’s Comprehensive Plan objectives and policies of the Public School Facilities, Intergovernmental Coordination and Future Land Use elements regarding school siting and coordination with the Palm Beach County School District, including the following: 256 of 408  Policy 8.17.1: The City Of Boynton Beach shall coordinate with the School District in order to “Coordinate planning with the School District regarding population projections, school siting, projections of development and redevelopment for the coming year, infrastructure required to support school facilities and amendments to the future land use plan element” Long-Term Capacity Planning for Public Facilities. 6. Asstated in the “Background” section of this report, the Congress Middle School underwent a major site plan modification in 2007. The latest Draft Concurrency Table obtained by staff indicates that the school enrollment is projected to increase from the current 922 to 997 in the school year 2014/2015. Moreover, the current capacity utilization is only 64%, with a projected increase to 70%. There are no improvements such as an increase of classroom space planned for the subject site in foreseeable future, which would generate a significant impact on public facilities. RECOMMENDATION As indicated herein, staff has reviewed the proposed annexation, land use amendment and rezoning and found it consistent with the Comprehensive Plan objectives and policies. Furthermore, the requested land use classification and zoning designation for the subject parcel is consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\PALM BEACH COUNTY SCHOOL DISTRICT\Congress MS 2010\Congress Middle Annexation Staff Report.doc 257 of 408 258 of 408 9. C PUBLIC HEARING September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-024 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Congress Middle School (LUAR 10-001) rezoning of the subject property from Palm Beach County's AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens. ER: This is a rezoning request that accompanies the application for XPLANATION OF EQUEST annexation and the request for a land use amendment for the Palm Beach County School District parcel, which is one of the two properties contained in an enclave located immediately north of the Congress Middle School property. The request is to rezone the subject parcel to a PU zoning designation, which is consistent with the zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. The Palm Beach County School District has no immediate plans for use of the property. Staff recommends approval of this request. The Planning and Development Board reviewed this request on August 24, 2010 and forwards it with a recommendation for approval, with the following condition: The Palm Beach County School District will bring the subject parcel under the Unity of 4. Title with the remainder of the property. Staff recommends that the above condition be instead attached to the annexation request for the subject parcel. The Palm Beach County School District supports this condition; the applicant has informed staff that the Unity of Title process for the property has already been initiated. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 259 of 408 FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 260 of 408 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED WEST OF THE SOUTHERN ST TERMINUS OF 31 TERRACE SOUTH, CONTIGUOUS TO THE NORTHERN BOUNDARY OF THE CONGRESS MIDDLE SCHOOL AT 101 SOUTH CONGRESS AVENUE, AS MORE FULLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY AGRICULTURAL RESIDENTIAL (AR) TO PUBLIC USAGE (PU); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Michael C. Owens, on behalf of the School District of Palm Beach County has filed a petition on behalf of the owner to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. st Section 2. The following described land located atwest of the southern terminus of 31 Terrace South, contiguous to the northern boundary of the Congress Middle School at 101 South 261 of 408 Congress Avenue, as more fully described herein, is hereby rezoned from Palm Beach County Agricultural Residential (AR) to Public Usage (PU): LOT E, BLOCK 30, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BRACH COUNTY, FLORIDA. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2010. 262 of 408 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _____________________________ Commissioner – Woodrow L. Hay ______________________________ ATTEST: Commissioner – Steven Holzman _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 263 of 408 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-054 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:August 11, 2010 PROJECT NAME/NO: Congress Middle School / ANEX 10-001/LUAR 10-001 REQUEST: Approve Congress Middle School (ANEX 10-001) annexing a 0.95 acre st property located at the southern terminus of 31. Applicant: Michael C. Owens. REQUEST: Approve Congress Middle School (LUAR 10-001) reclassifying subject property from Palm Beach County’s IND (Industrial) to MoDR (Moderate Density Residential). Applicant: Michael C. Owens. REQUEST: Approve Congress Middle School (LUAR 10-001) rezoning subject property from Palm Beach County’s AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens. PROJECT DESCRIPTION Property Owner/Applicant: The School District of Palm Beach County Agent: Michael C. Owens st Location: West of southern terminus of 31 Terrace S., contiguous to the northern boundary of the Congress Middle School at 101 S. Congress Avenue (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Industrial (IND)/Agricultural Residential (AR), Palm Beach County Proposed Land Use/Zoning: Moderate Density Residential (MoDR) / Public Usage (PU) Proposed Use: No development plan at this time Acreage: 0.95 acres Adjacent Uses: 264 of 408 North: Developed property (warehouse / distribution), designated Industrial (IND) and zoned Light Industrial District (IL), in Palm Beach County; South: Congress Middle School, designated Moderate Density Residential (MoDR) and zoned Public Usage (PU); st East: Congress Middle School to the southeast, southern terminus of 31 Terrace S to the northeast, and farther northeast, a developed commercial property (Boynton Plaza), designated Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: Developed property (BJS Wholesale Club), designated Local Retail Commercial (LRC) and zoned Planned Commercial Development (PCD). EXECUTIVE SUMMARY Staff recommends that the requested annexation, land use amendment and rezoning be approved for the following reasons: 7. The requested annexation meets the statutory requirements for municipal annexations pursuant to Chapter 171, F.S.; 8. The request is consistent with the Comprehensive Plan’s annexation objective which emphasizes the annexation of enclaves, and other relevant policies pertaining to annexation and school siting; and 9. The requested land use classification and zoning designation for subject parcel is consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. BACKGROUND Congress Middle School was built in 1976; in 2007, the Palm Beach County School District completed a major site plan modification which included a new school building, gymnasium building and recreation amenities. An addition to the school’s 38-acre property, the subject parcel was purchased by the School District of Palm Beach County in 2008. The parcel is one of the two properties contained in an enclave located immediately north of the school property. The main part of the Congress Middle School site, located within the City’s boundary, is currently classified Moderate Density Residential (MoDR) and zoned Public Usage (PU). This zoning designation is inconsistent with the underlying land use classification since the only classification consistent with the PU designation is the category of Public and Private Governmental/Institutional (PPGI). However, it is also pertinent to note that a public school is a permitted use in both the MoDR land use classification (public schools are allowed in all residential land use categories) and in the PU zoning district. The majority of the City’s public schools are classified PPGI and zoned PU. The exceptions are the Citrus Cove Elementary on Lawrence Road, classified Low Density Residential (LDR) and zoned R1AA, Single Family, and the Boynton Beach High School, located in Quantum Park, classified Development of Regional Impact (DRI) and zoned Planned Industrial Development (PID). 265 of 408 Given the School District process for the subject request, it is not feasible to amend the land use classification of the entire Congress Middle School property to reclassify it to PPGI at this time. Such amendment would require a lenghty large-scale amendment process, taking up to six months. Staff is planning to address this inconsistency by combining the said amendment with another large- scale amendment in an appropriate amendment cycle. Please note that the subject parcel’s current Industrial land use classification is also inconsistent with its current zoning designation of “AR”. Even though a public school is a permitted use in the County’s Industrial land use, it is not allowed in the AR zoning district. If the parcel is not annexed, its future development for expansion of the school facilities would require a rezoning to a Light Industrial designation and a conditional use permit, or, alternatively, both land use amendment and rezoning. PROJECT ANALYSIS Small Scale Amendment. The parcel which is the subject of this request for annexation, land use amendment, and rezoning totals approximately 41,243 square feet or 0.95 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale” amendment. A “small-scale” amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The site is currently undeveloped, and the Palm Beach County School District has no immediate plans for improvements on the property. Comprehensive Plan Consistency Review . Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as the proposed residential land land use classification for the subject parcel is consistent with the Palm Beach County Comprehensive Plan, Policy 2.2.8-a of the Future Land Use Element on Institutional and Public Facilities which encourages the County to locate schools in proximity to urban residential areas by “considering schools as an allowable use within all urban residential land use categories”. Moreover, the proposed land use and zoning should be – and are - consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. Staff analysis below relates to consistency with relevant portions of the Comprehensive Plan and the long-term capacity availability for public facilities. Annexation. 7. The annexation of this parcel is consistent with annexation objectives and policies within the comprehensive plan. Specifically, it will further Objectives 1.15 and 8.4 from the Future Land Use and Intergovernmental Coordination elements through the reduction of an enclave:  Objective 1.15: The City will continue to expand through annexation of enclaves, pockets and other contiguous properties.  Objective 8.4 The City will continue to coordinate the annexation of enclaves, pockets and other contiguous properties with Palm Beach County, contiguous municipalities and any affected agencies School Siting and Coordination with Palm Beach County School District 8. . The subject request is consistent with City’s Comprehensive Plan objectives and policies of the Public School Facilities, Intergovernmental Coordination and Future Land Use elements regarding school siting and coordination with the Palm Beach County School District, including the following: 266 of 408  Policy 8.17.1: The City Of Boynton Beach shall coordinate with the School District in order to “Coordinate planning with the School District regarding population projections, school siting, projections of development and redevelopment for the coming year, infrastructure required to support school facilities and amendments to the future land use plan element” Long-Term Capacity Planning for Public Facilities. 9. Asstated in the “Background” section of this report, the Congress Middle School underwent a major site plan modification in 2007. The latest Draft Concurrency Table obtained by staff indicates that the school enrollment is projected to increase from the current 922 to 997 in the school year 2014/2015. Moreover, the current capacity utilization is only 64%, with a projected increase to 70%. There are no improvements such as an increase of classroom space planned for the subject site in foreseeable future, which would generate a significant impact on public facilities. RECOMMENDATION As indicated herein, staff has reviewed the proposed annexation, land use amendment and rezoning and found it consistent with the Comprehensive Plan objectives and policies. Furthermore, the requested land use classification and zoning designation for the subject parcel is consistent with the land use classification and zoning designation of the remainder of the Congress Middle School property, located within the City’s boundary. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\PALM BEACH COUNTY SCHOOL DISTRICT\Congress MS 2010\Congress Middle Annexation Staff Report.doc 267 of 408 268 of 408 10. A CITY MANAGER’S REPORT September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-137 - Award for a EQUESTED CTION BY ITY OMMISSION three year Towing Franchise RFP#055-2110-10/CJD to the top two ranked respondents for Towing and Storage Services: Beck's Towing & Recovery, Inc. in the amount of $104,500 and Zuccala Wrecker Service, Inc. in the amount of $100,075 for a total annual contract price of $204,575.00 and authorize the City Manager to execute an agreement in a form deemed sufficient by the City Attorney. ER: At the April 20, 2010 City Commission meeting the City XPLANATION OF EQUEST Commission approved the issuance of an RFP for Towing and Storage Services. Based on discussions of the Commission at this meeting, staff prepared an RFP outlining three bid opportunities to which vendors may respond; 1) single award franchise agreement, 2) franchise agreement with two vendors; and 3) franchise agreement with three vendors. The RFP’s were due back on August 3, 2010. The City received responses from nine tow vendors, all of which were deemed responsive to the bid. There was one “No Bid” submitted. The bid tabulation sheet is attached (Exhibit 1). A review committee of four staff members reviewed the bids. Those committee members were: Tim Howard, Deputy Finance Director; Scott Blasie, Code Enforcement Administrator; Steve Weiser, Fleet Manager and Sgt. Craig Anthony, Police Dept. A sub committee of three The inspection reports are members conducted on site inspections of each vendor. attached (Exhibit 2). 269 of 408 After careful review and consideration, the Tow RFP Review Committee is recommending the City Commission award a three year contract utilizing Option #2 – (two vendor option) to the The Review Committee’s Memo of Recommendation top two respondents in this category. and rankings is attached (Exhibit 3): Beck’s Towing & Recovery, Inc. $104,500 Zuccala Wrecker Service, Inc. $100,075 Total contract value = $204,575 This award would generate an annual revenue of $204,575.00. The term of the agreement shall run for a three (3) year term with the option to renew for two additional one year periods. Implementation of the award is contingent on execution of a Franchise Towing Agreement, the form of which must be approved by the City Attorney. In the event the parties cannot reach an agreement, this award will be returned to the City Commission for further action. H? A two vendor contract would have a very OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES positive impact on the administration of our towing contract. Currently our Communications personnel must keep track of six tow vendors for rotation of calls; a cumbersome and time consuming task. Additionally, the generation of income from this contract is certainly a positive consideration. Anticipated revenue based on Option #2 is $204,575. FI: This contract will generate an annual revenue of $204,575 in the general fund ISCAL MPACT operating budget. A: Award a different option contract; not award a contract; maintain status quo LTERNATIVES with six tow vendors on rotation. 270 of 408 RESOLUTION NO. R 10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A THREE YEAR TOWING FRANCHISE RFP #055-2110-10/CJD TO THE TOP TWO RANKED RESPONDENTS FOR TOWING AND STORAGE SERVICES: BECK’S TOWING & RECOVERY, INC., IN THE AMOUNT OF $104,500.00 AND ZUCCALA WRECKER SERVICE, INC., IN THE AMOUNT OF $100,075.00 FOR A TOTAL ANNUAL CONTRACT PRICE OF $204,575.00; AUTHORIZING THE CITY MANAGER AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on August 3, 2010 the City received and opened nine responses from tow vendors, all of which were deemed responsive to the bid; and WHEREAS , an evaluation of proposals was conducted and the Tow RFP Committee is recommending the City Commission award a three year contract utilizing Option #2 to the top two respondents which were Beck’s Towing & Recovery, Inc., and Zuccala Wrecker Service, Inc; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the award of a three-year tow franchise RFP #055-2110-10/CJD to Beck’s Towing & Recovery, Inc., in the amount of $104,500.00 and to Zuccala Wrecker Service, Inc., in the amount of $100,075.00 for a total annual contract price of $204,575.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a three-year tow franchise RFP #055-2110-10/CJD to Beck’s Towing & Recovery, Inc., in the amount of $104,500.00 and to Zuccala Wrecker Service, Inc., in the amount of $100,075.00 for a total annual contract price of $204,575.00 and authorizes the City Manager to execute an Agreement for Vehicle Towing in a form acceptable to the City Attorney. 271 of 408 Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 272 of 408 273 of 408 274 of 408 275 of 408 276 of 408 277 of 408 278 of 408 279 of 408 280 of 408 281 of 408 282 of 408 283 of 408 284 of 408 285 of 408 286 of 408 287 of 408 288 of 408 289 of 408 290 of 408 291 of 408 292 of 408 293 of 408 294 of 408 295 of 408 296 of 408 297 of 408 298 of 408 299 of 408 300 of 408 10. B CITY MANAGER’S REPORT September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint an Advisory Committee to review two renaming EQUESTED CTION BY ITY OMMISSION requests for Jaycee Park. ER: The City has received two requests for consideration of renaming XPLANATION OF EQUEST Jaycee Park. Ordinance 06-078 provides a policy for a systematic and consistent approach for the official naming of streets, parks and buildings, etc. The policy is to name facilities through an adopted process utilizing established criteria emphasizing “community values and character, local history, geography, environmental, civics, monetary support and service to the Boynton Beach community.” The request for naming of a facility shall be initiated by the City Manager or a City Commissioner. Then City staff reviews the request to see if it meets stated criteria as outlined in Ordinance 06-078. Staff has conducted the review and agrees that both requests adhere to the criteria. See attached memo. Therefore, the next step requires the City Commission to appoint an advisory/review committee to review the proposed requests. The Committee shall then forward their recommendation to the Commission for a final decision. In 2007 the City Commission utilized this process for the renaming of Southeast Neighborhood Park in honor of Betty Thomas. The Commission appointed an advisory committee consisting of a variety of members from several existing advisory boards, i.e. one to two members from each of the following Boards: Education and Youth Advisory Board, Recreation and Parks Advisory Board; Senior Advisory Board and the Community Relations Board. 301 of 408 Attached is a roster of each of the above mentioned Boards. Staff recommends the Commission follow the same past practice. It worked well. In addition to the advisory board member appointments staff recommends the Commission appoint the Parks Superintendent, Jody Rivers to the committee due to the requestor’s offer to plant and conduct maintenance at the park and the City’s Library Archivist, Janet DeVries, due to consideration of historical factors of the existing park name. H? None. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None at this time. Should a decision be made to change the park name, then ISCAL MPACT there will be a fiscal impact of changing signs, printed materials, etc. Staff will develop a cost estimate as part of the review process. A: Not appoint advisory committee; not consider renaming of Jaycee Park. LTERNATIVES 302 of 408 303 of 408 304 of 408 305 of 408 306 of 408 307 of 408 308 of 408 309 of 408 310 of 408 10. C CITY MANAGER’S REPORT September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-138 - Approve an EQUESTED CTION BY ITY OMMISSION agreement with Net Assets, a sole source provider, for the implementation, maintenance, customer service support and hosting of the Conduits reporting service ER: The City Clerk’s Office recommends entering into this agreement with Net XPLANATION OF EQUEST Assets, the creator and manufacturer of the Conduits System, to provide Municipal Lien Searches for title companies and attorney’s offices involved in property sales. This System is a software application operated and maintained by Net Assets which will receive daily uploads of account information from our electronic information systems. The information will be compiled by folio number and address and will be retrieved by inputting the property address or folio number. This System will automate the search of all of the City’s systems and will expedite lien requests and save staff time. As a result, the time to process lien search requests will be dramatically reduced. We currently charge a nominal fee of $15 for a three to five-day turnaround or $75 for 24-hour turnaround of a request. This System will allow the customer access to this information within minutes. Currently, there are numerous departments involved in these lien searches as follows:  City Clerk’s Office for lot mowing assessments;  Code Compliance for Code Enforcement Board liens and violations;  Utilities for outstanding water bills;  Building Department for open and expired building permits; and  Finance for outstanding roll-off and false alarm charges. Using this System will consolidate the services provided by the departments to process these requests. Each department will experience a reduction in the amount of staff time spent performing this task. 311 of 408 Revenue realized by the City for the Municipal Lien Search service over the last three years has been $19,265 in 2008, $33,125 in 2009 and $49,105 in 2010. These figures do not reflect the costs associated with processing the requests. In this depressed market, the City Clerk’s Office performs approximately 125-150 lien searches monthly and approximately 25 monthly searches of properties residing outside the City limits, but within our water service area. During the housing boom in Fiscal Years 2002/03 and 2003/04, the City Clerk’s Office was handling approximately 215 searches per month. Only two other municipalities in the State of Florida are using this System. The City of Hallandale Beach uses this service and charges $125 per search and they are generating revenue of between $10,000 and $15,000 per month. The City of Miami Beach also uses Net Assets for their lien searches and charges $50 per search and $75 for a certified lien search. Staff is recommending that the City Commission approve the fee of $115 for a complete lien search. The cost of partial searches for building permits or water service only is recommended at $50. Searches performed by City staff would be free of charge. H? Eliminating this time-consuming service from the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City Clerk’s Office would free up approximately 30% of one Administrative Associate’s time. The duties and responsibilities of each member of the City Clerk’s staff are currently under review. There is more than sufficient work available within the department to utilize the time and talents of that staff member. Reassignments will be made to allow greater focus on compliance with Florida Statute regarding Records Management. Additionally, use of this System will enhance external/internal communication, offer improved customer service, increase business friendliness and improve this process through information technology. FI: As one of the first five municipalities in the State to agree to use this service, there are ISCAL MPACT no start-up fees involved. The City will be required to pay Net Assets $8 per lien search requested. (That cost increases to $10 on April 1, 2011 when Net Assets increases the fee for all of their customers.) There is a $15 monthly fee for use of credit card and a 7.5¢ per transaction PayPal fee. These fees will be paid from the charge paid by the customer. If we perform 125 complete lien searches monthly, and 25 partial lien searches, the revenue produced is conservatively estimated to be $175,000 annually after fees. Using this service not only provides a newly-increased revenue stream, it consolidates the services of four departments, which was a directive of the City Manager at the start of the budget process. A: The alternative to using this service would be to continue to perform the lien searches LTERNATIVES as is currently being done. City Manager Note: This revenue stream is NOT currently included in the General Fund base pending City Commission policy direction on the contract proposal. S:\CC\WP\EasyAgenda Items\Agenda Items\2010\Net Assets Agenda Item-2.doc 312 of 408 RESOLUTION NO. R 10 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONDUITS SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NETASSETS CORPORATION FOR THE IMPLEMENTATION, MAINTENANCE AND CUSTOMER SUPPORT AND HOSTING OF THE CONDUITS REPORTING SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Clerk’s office recommends entering into this Agreement with Net Assets, the creator and manufacturer of the Conduits System to provide municipal lien searches for title companies and attorney’s offices involved in property sales; and WHEREAS , the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Conduit Service Agreement with NetAssets Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute a Conduit Service Agreement between the City of Boynton Beach and Net Assets Corporation for the implementation, maintenance, customer service support and hosting of the Conduits reporting service, a copy of said Agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 313 of 408 Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ ATTEST: Commissioner – Steven Holzman _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 314 of 408 Thursday, July 05, 2012 Carlos Aiken City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Carlos, The letter is in regards to your inquiry about Net Assets Corporation being a sole source provider of the Conduits service for the City of Boynton Beach. Net Assets currently provides two services; Conduits™ and Constructer™. Both services are trademarks of Net Assets Corporation and are only provided and serviced by Net Assets Corporation. Sincerely, David J. Gates President, CEO Net Assets Corporation dgates@nassets.com (541) 485-8876 315 of 408  Conduits Service Agreement EFFECTIVE DATE: ____________ PARTIES: NETASSETS CORPORATION ("NETASSETS") 109 River Ave, Eugene, Oregon 97404 City of Boynton Beach ("ORGANIZATION") 100 East Boynton Beach Blvd Boynton Beach, FL 33435 AGREEMENT This Agreement is made as of the date stated above, (the “Effective Date”) and sets forth the terms and conditions under which the online web application known as Conduits™ will be used by ORGANIZATION, and made available for use by NETASSETS. 1. Definitions: 1.1 “Conduits™” shall mean the software application used for publication of the ORGANIZATION’S interests in property via the World Wide Web as created by NETASSETS, including web pages, graphics, data formats, and server components. 1.2 “Intellectual Property Rights” shall mean any and all now known or hereafter known tangible and intangible, and in any media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed, (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). 1.3 “Search Transaction(s)” shall mean any search request initiated by an End-user for data related to interest against an individual property.  1.4 “End-user(s)” shall mean any individual or entity that is given access to Conduits by ORGANIZATION, excluding ORGANIZATION. 2. Payment 2.1 Search Fees. ORGANIZATION agrees to pay NETASSETS a fee for each Search Transaction by an End-user. The Search Fee will be $10 per Search Transaction by an End-User. 2.2 Payment Method. NETASSETS will invoice ORGANIZATION monthly at its address noted on page 1 of this Agreement or at such other address as ORGANIZATION may designate through the information entered into Conduits. Payment will be due within fifteen (15) days of the invoice date. Payments shall be made at NETASSETS’ address noted on page 1 of this 316 of 408 Agreement or at such other address as NETASSETS may designate by written notice to ORGANIZATION. 2.3 Startup Fee. ORGANIZATION agrees to pay NETASSETS an initial startup fee of $500. Payment shall be made upon ORGANIZATION 's execution of this agreement.  3. Use of Conduits  3.1 Prohibited Actions. ORGANIZATION shall not adopt, translate, copy or modify Conduits, or disassemble, decompile, reverse engineer, reverse compile, cross compile or otherwise attempt to derive  source code from Conduits. ORGANIZATION shall not create accounts for internal use of  Conduits for any person or entity outside of ORGANIZATION. 3.2 Transmission of Data. ORGANIZATION shall be solely responsible for the timely and accurate  update and transmission of information or other data entered for access via the Conduits application system, and shall promptly report any problems encountered by ORGANIZATION or End-users in  operation of or access to the Conduits application. ORGANIZATION shall transmit all data to NETASSETS in the format(s) as mutually agreed upon in writing during the term of this agreement.  3.3 Ownership Rights. Ownership of all Intellectual Property Rights in Conduits will at all times remain the property of NETASSETS. ORGANIZATION agrees not to remove or obliterate any copyright, trademark or proprietary rights notices of NETASSETS or NETASSETS's suppliers from  Conduits. 4. Term of Agreement/Termination 4.1 Term. This agreement is effective from the Effective Date, until the date of termination under this Section 4. 4.2 Termination by ORGANIZATION. ORGANIZATION may terminate this Agreement: 4.2.1 At any time, with or without cause, effective upon sixty (60) days prior written notice to NETASSETS, or 4.2.2 Thirty (30) days after delivery of written notice to NETASSETS by ORGANIZATION that NETASSETS has breached any provision of this Agreement, if NETASSETS has not cured such breach within the thirty (30) day period. 4.3 Termination by NETASSETS. NETASSETS may terminate this Agreement: 4.3.1 At any time, with or without cause, effective upon sixty (60) days prior written notice to ORGANIZATION; or 4.3.2 Immediately upon written notice to ORGANIZATION in the event of any breach of Sections 2, 3.1 or 3.3; or 4.3.3 Thirty (30) days after delivery of written notice to ORGANIZATION that ORGANIZATION has breached any provision of this Agreement other than Sections 2, 3.1 or 3.3, and has not cured such breach within the thirty (30) day period. 317 of 408 4.4 Actions Upon Termination. 4.4.1 ORGANIZATION 'S Actions. Upon termination ORGANIZATION shall immediately  discontinue use of Conduits. 4.4.2. NETASSETS' Actions. Upon termination NETASSETS shall cease to make available on  Conduits, via the World Wide Web or otherwise, any data related to ORGANIZATION’s use of Conduits. NETASSETS shall have no obligation to return or retransmit any data to ORGANIZATION, and after termination may archive data solely for NETASSETS' business purposes. 5. Limitation of Liability and Indemnification 5.1 Maximum Monetary Liability for Breach of Agreement. Notwithstanding anything herein to the contrary, the maximum aggregate amount of money damages for which NETASSETS may be liable to ORGANIZATION under this Agreement, resulting from any cause whatsoever, shall be limited to the amounts actually paid by ORGANIZATION to NETASSETS under this Agreement during the ninety (90) days immediately preceding the date NETASSETS is notified in writing of a claim by ORGANIZATION for breach of agreement.  5.2 Third Party Providers. ORGANIZATION acknowledges that in connection with Conduits, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of NETASSETS. Accordingly, NETASSETS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other  information transmitted in connection with use of Conduits. 5.3 Indemnification with Respect to End-users. NETASSETS has no contractual relationship or  other legal duty to End-user(s) and it assumes no liability with respect to the use of Conduits by End-user(s). Accordingly, to the extent permitted by law, including, but not limited to section 768.28 of Florida statutes, ORGANIZATION agrees to defend, indemnify, and hold NETASSETS harmless for any losses, costs, claims, or other liabilities arising out of the misuse  of Conduits by End-users. 6. Support and Maintenance 6.1 General Support. NETASSETS shall provide to ORGANIZATION the maintenance and support services as set forth in Appendix A: Service Level. 6.2 End-User Support. NETASSETS agrees to provide all initial support to End-Users of Conduits. Any support issues relating to ORGANIZATION policy or data that cannot be dealt with by NETASSETS will be forwarded to ORGANIZATION to provide support. 7. Miscellaneous Provisions 318 of 408 7.1 No Assignment. Neither this Agreement nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by either party and any purported assignment or transfer shall be null and void. 7.2 Severability. If any term or provision of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability is intended by the parties to be severable and independent of any other provision and to be enforced as such. 7.3 Entire Agreement/Modification. This Agreement and its attachments constitute the entire  agreement between the parties concerning Conduits and supersede all prior agreements, whether written or verbal, between the parties. No purchase order, other ordering document or any other document which purports to modify or supplement this Agreement or any attachment hereto shall add to or vary the terms and conditions of this Agreement, unless executed by both NETASSETS and ORGANIZATION and expressly identified therein as a modification to this Agreement. No amendment shall be considered to have been made to this Agreement unless it is in writing and is executed by both parties. 7.4 Force Majeure. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, or any causes beyond the reasonable control of such party, including without limitation interruption of power or communications facilities or failure of data storage hardware or software that is not caused solely by the party’s acts or omission. 7.5 Governing Law, Venue, Jurisdiction. The parties agree that this Agreement shall be governed and construed by the laws of the State of Florida. The parties hereby submit to the jurisdiction and venue of the Circuit Court of the State of Florida for Palm Beach County or, if appropriate, the federal courts of the District of Florida. 7.6 Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 7.7 Notices. Any notice or other communication required or permitted to be given under this Agreement will be in writing, will be delivered personally or by mail or express delivery, postage prepaid, and will be deemed given upon actual delivery or, if mailed by registered or certified mail, on the third business day following deposit in the mails, addressed to the appropriate party at the address first set forth above. Either party may, by written notice, designate a different address for purposes of this Agreement. Net Assets Corporation: By: ___________________________ David J. Gates, President City of Boynton Beach 319 of 408 By: __________________________________ Printed Name: _________________________ Title: ________________________________ Appendix A: Service Level  1. Conduits will be available 99.9% of the time during ORGANIZATION’s normal business hours. Any individual outage in excess of 20 minutes or 4 outages exceeding 5 minutes each will constitute a violation.  2. 80% of Conduits transactions will exhibit 10 seconds or less response time, defined as the interval from the time the server receives a transaction request to the time a response is generated and sent back. Missing the metric for business transactions measured over any business week will constitute a violation. 3. Net Assets will respond to service incidents that affect multiple users within 24 hours, resolve the problem within 48 hours, and update status every 12 hours. Missing any of these metrics on an incident will constitute a violation. 4. Net Assets will respond to service incidents that affect individual users within 24 hours, resolve the problem within 72 hours, and update status every 12 hours. Missing any of these metrics on an incident will constitute a violation. 5. Net Assets will respond to non-critical inquiries within 48 hours and deliver an answer within 72 hours. Missing any of these metrics on an incident will constitute a violation. 320 of 408 Thursday, July 05, 2012 Janet Prainito City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Janet, This letter is in regards to the forthcoming adoption of the Conduits service for the City of Boynton Beach. As one of the first 5 municipalities adopting the service in the State of Florida, the $500 Startup fee as identified in the Service Agreement is waived. Also, you are eligible to utilize the original rate for the Conduits service of $8 per report until April of 2011, at which time the rate will become the standard $10 per report. Sincerely, David J. Gates President, CEO Net Assets Corporation dgates@nassets.com (541) 485-8876 321 of 408 10. D CITY MANAGER’S REPORT September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the following report on the Neighborhood EQUESTED CTION BY ITY OMMISSION Stabilization Program (NSP). ER: The status of the NSP Program is as follows: XPLANATION OF EQUEST The total value of contract offers accepted on 17 properties is $1,645,200. This includes 8 properties in District II and 9 properties in District IV, representing approximately 72% of the $2.2 million NSP funds available, excluding administration expenses and funds provided to the Community Redevelopment Agency (CRA). The remaining 28% of funds will be used for closing costs and the rehabilitation of acquired properties. The allocation of these funds is as follows: Acquisition & rehabilitation of 17 properties..........................................$2,267,000 CRA development of Ocean Breeze infrastructure....................................400,000 Administration............................................................................................296,311 PROGRAM TOTAL $2,963,311 H? The purchase and rehabilitation of these OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES properties will be providing affordable housing for income eligible families. FI: The City of Boynton Beach has fully obligated its $2,963,311 of Neighborhood ISCAL MPACT Stabilization Program funding. A: Not to accept the report. LTERNATIVES 322 of 408 323 of 408 10. E CITY MANAGER’S REPORT September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the Budget Status Report of the General Fund and EQUESTED CTION BY ITY OMMISSION the Utility Fund for the eight (11) month period ended August 31, 2010. ER: This is the monthly financial report for the period thru August 31, XPLANATION OF EQUEST 2010, As in prior monthly reports, we are summarizing and providing this analysis of actual eleven (11) revenues and expenditures of the City’s General Fund and Utility Fund for the month period ended August 31, 2010; 92% of the fiscal year . The analysis -  Compares actual results for the current period to (a) the annual budget for this fiscal year and (b) the actual results for the same period compared to the annual budget of the prior fiscal year and  Estimates and makes a conservative projection of revenues for the balance of this fiscal year. H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. FI: The fiscal impact of the actual budgetary results to date for the General Fund ISCAL MPACT and the Utility Fund follow. 324 of 408 GENERAL FUND The FY 2010 revised annual budget of $70.5 million represents a 4% decrease from the FY 2009 budget of $73.9 million that was modified to include an equal amount of Fire Assessment Fund revenues and expenditures. In order to balance the FY 2010 budget, two non-revenue funding sources were required.  A fund balance appropriation (reduction) of $3.5 million and  Transfers from other funds of $22.4 million ($9.4 M not available in FY 2010-11) The fund balance reduction and transfers from other funds represent an unusually high 36% of our total General Fund budget. For the eleven months (92%) of FY 2010,  Revenues and transfers realized are $67.3 million (95%) of the budget estimate.  Expenditures incurred are $65.7 million (93%) of the annual appropriated budget. FY 2010FY 2009 BudgetActual to DateActual to Date Annual Budget (*) Amount%Amount% Approved Revenues/Transfers$ 70,517$ 67,31095%$ 73,963$ 63,71886% Expenditures$ (70,517)$ (65,709)93%$ (73,963) $ (61,620)83% Excess (Deficit)$ -$ 1,601$ - $ 2,098 (*)The FY 2009 budget represents the final amended budget for the year. The original budget for the year was $70.7 million as noted on Exhibits A and B. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund. Revenues & Transfers (Exhibit A) - Overall, we have received $67.3 million to date and ahead at this point in time during the fiscal year in comparison to last year. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the revenue budget: 1. 36% - $ 25.8 M – Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 M – Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. We initiated this midway last year. 3. 28% - $ 18.8 M – Other revenues 100% - $ 70.5 M – Total funding sources Expenditures (Exhibit B) – General Fund expenditures to date are $65.7 million (93%) of the $70.5 million expenditure appropriation for FY 2010. The current appropriation represents a decrease of $272 thousand compared to FY 2009. However, it should be recognized that the City’s Annual Required Contribution to the City’s 325 of 408 three pension funds totaling $9.8 million has been accrued as expenditures in FY 2010 and is reflected in the $65.7 million expenditures to date. However, in FY 2oo9 and in prior years, it was not accrued and therefore not expended until paid. The graph at the bottom of Exhibit B displays actual expenditures of $65.7 million are on track with the budget yet below the $70.6 million actual spending levels in FY 2009 for this same period ($61.6 + $9.0 million accrued Pension expense). UTILITY FUND The FY 2010 annual expenditure budget of $32.4 million represents nearly an 8% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year.  Necessary rate increases were approved and put in place on May 1 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit.  Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15%. 326 of 408 For the eleven months (92%) of FY 2010,  Revenues realized are $30.9 million (95%) of the annual budget estimate.  Expenditures incurred are $28.7 million (89%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $2,472 thousand. FY 2010FY 2009FY 2010 vs. 2009 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 32,465 $ 30,965 95%$ 35,442 $ 34,546 97%-8%-10% Expenditures$ (32,465)$ (28,738)89%$ (35,442)$ (27,171)77%-8%6% Excess (Deficit)$ -$ 2,227 $ -$ 7,375 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $30.9 million in FY 2010 revenues and fund balance appropriation when compared to same period for FY 2009 results in excess revenues of $2.2 million, note:  Water Sales - $15.5 million = 100% of the annual estimate, compared to $12.3 million at this point in FY 2009. This $3.2 million difference results from water rate increases are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009.  At this point in time last year in FY 2009, $4.4 million of fund balance appropriation was recognized as a funding source. However, this year in FY 2010, we are recognizing a return to fund balance of $2.2 million. The May 1, 2009 water and sewer rate increases should provide for adequate bond debt service coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) – Utility Fund expenditures to date are $28.7 million or 89% of the annual appropriation compared to the $27.2 million or 77% of the FY 2009 elapsed budget period. Individual percentage variances are noted on Exhibit D noting that all departmental accounts are operating within their budget at this point in the year. However, similar to the General Fund, it should be recognized that the City’s Annual Required Contribution to the City’s pension funds totaling $1.4 million for the Utility Fund is not paid until the end of the fiscal year; however, it has been accrued as expenditures and reflected in the $28.7 million expenditures to date. A: Request further clarification at the City Commission meeting. LTERNATIVES 327 of 408 328 of 408 329 of 408 330 of 408 331 of 408 10. F CITY MANAGER’S REPORT September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review of capital project delivery methods. No EQUESTED CTION BY ITY OMMISSION Commission action required. ER: The City Commission recently requested that City Staff explore XPLANATION OF EQUEST and comment on the various construction delivery methods for City capital projects. Entire college courses and textbooks are dedicated to this topic. Therefore, this matter will not be discussed in exhaustive depth. Rather, this brief overview is intended to provide the City Commission with a broad based understanding of these methods along with a few significant pros and cons of each. Design-Bid-Build The Design-Bid-Build (DBB) procedure has served for many years as the traditional project delivery method for both the public and private sectors. The process is exactly as the name implies. First, the owner contracts for the project design. That design is then bid competitively. Finally, a constructed contract is awarded. This procedure has served government well, particularly when a project scope is very clearly defined. With clear project definition, a capable architect/engineer can then complete the project design according to the owner’s needs and budget and in congruence with applicable standards and codes. It is critical that the design be one of excellence to minimize unknown costs. Therefore, selection of the architect/engineer is of paramount importance. In Florida, we are guided by the Consultant Competitive Negotiation Act (CCNA). CCNA allows government to select design professionals based upon their skills and experience relative to the demands of a particular project. It today’s economic climate, Owners will seek design professionals with significant 332 of 408 experience and knowledge of construction processes that can instill construction efficiencies and value engineering into the project design. Projects are designed based upon two primary concepts, unit prices or lump sum. Unit price projects comprise precise quantities of work are identified by the architect/engineer and the contractor is then asked to provide prices for each unit of work performed. For example, unit price contracts are typically utilized on civil engineering infrastructure projects where given quantities of water main, pavement, curbing, etc are measured and known. Bids for unit price contracts provide well defined bid prices for each unit. Therefore, as quantities of work change through normal course of the work, it is very easy to calculate the modified payment due to the contractor for that work. On the other hand, lump sum contracts are just that, lump sum. The contractor is asked to provide a lump sum price to perform the work specified according to the bid plans and specifications. Lump sum bids are typically associated with architectural building projects where it would be impractical to quantify every unit of work required. For example, it would be exceedingly difficult to quantify every unit of wire required to construct a building and then measure that quantity for contractor payment. Therefore, lump sum contracts require each bidder to determine the amount of materials and labor/equipment hours necessary to construct the project according to plans and specifications. In essence, each contractor performs a “material take off” and then works out their own construction schedule. Again, it is important to note that excellent contractor pricing requires excellent design preparation. Furthermore, if plans are thorough and precise, there will be little discussion about changed conditions during construction that may lead to increased costs. Sometimes it may be appropriate to pre- qualify construction companies when the work is so unique that the owner’s wishes to ensure that only those most qualified are allowed to bid. However, pre-qualification must be used judiciously because when asking for the only the best contractors a higher proportionate bid price should be expected. Pros  DBB provides clearest pricing to the public.  DBB is pricing is truly competitive.  Well suited for stable or declining economic climates where bid pricing is favorable and competitive.  Final project pricing is relatively certain within contingencies.  DBB does not allow for allegations of favoritism. Price rules.  Project timelines are clear. Completion dates well known.  Damage clauses for failure to perform are clearly specified. Cons  Significant time is expended to select architect/engineers.  Time must also be allocated to bidding.  Owner, to some degree, assumes responsibility for cost increases, although some errors and omissions may be the responsibility of the design professional.  More Owner risk is found on lump sum contracts than on unit price contracts. 333 of 408 Negotiated General Contract Negotiated contracts are those where a contractor and owner negotiate project costs, schedules, materials, subcontractor selections, etc. With negotiated contracts it is virtually impossible to provide the critical guarantees to the public that the work is being performed at the best possible price. For this reason, negotiated contracts of any sort are not used by government except in the rarest of emergency situations where the timing and importance of a project is so paramount that competitive pricing is no longer the driving factor. This can be very difficult to explain to the public. Staff does not recommend this process except in the most extreme of circumstances. Design-Build Simply stated, Design-Build (DB) is the melding of the design and construction processes into one contract between the Owner and contractor whose primary benefit is speed. However project speed is only achieved if the Owner is well prepared in advance. The Owner may contract with an architect or with a builder who then serves as lead. Or the architect and contractor may function as a joint venture wherein they combine their company(s) forces and then act as one entity. Public agencies must take great care when using DB to ensure competitive pricing and to avoid charges of favoritism with contractors. In order to obtain very favorable and competitive pricing, it is critical that the Owner clearly define in advance the project needs. Project scope, space needs, LEED classification, building function, aesthetics, material preferences and schedule, DBE requirements, site information, equipment, furnishings, life cycle expectations, to name a few, must be well thought out in advance so that clear and consistent direction can be given to bidders/respondents. Often times, Owners are not capable of providing this specific information and will contract with an architect to assist with program development. Hence, some time savings is immediately lost and added costs are created. Participation in the selection process can be quite costly for contractors and architect/engineers. These respondents will be asked to provide proposed designs, project cost estimates and schedules. Therefore, it is highly desirable to conduct a pre- qualification procedure to winnow out the candidates to a reasonable number of highly qualified companies. Once again, this will add time to the process which, in a way, further erodes the primary benefit of using DB which is speed. There are a number of various of DB methods based upon an Owners needs including Turnkey projects where design, construction and financing of the project are all completed by the contractor until project delivery to the Owner; Lease and Lease to Own which are self explanatory; and Bridging where an Owner contracts for significant up-front design prior to award of a DB contract. Pros  DB provides for more rapid project completion.  One entity is responsible for design and construction.  Value engineering is enhanced.  Schedules are more precise. 334 of 408  Can use guaranteed maximum price (usually higher though).  Fewer design changes. Cons  Project scope must be clear to keep costs at a minimum.  Since the designer and architect act as one entity, there are no longer independent checks and balances.  Insurance and Risk must be clearly specified.  Misunderstanding with the Owner more likely given lack of early project specificity. An astute and informed Owner is critical.  More Owner risk is found on lump sum contracts than on unit price contracts. The designer and builder may have more allegiance to each other than to the Owner. Construction Management The Construction Management (CM) process is by far the most complex project delivery method. The CM process has gained notoriety in recent years and far more construction companies offer professional CM services to owners than in prior years. This sudden increase in the number of CM firms, and the accelerated use of CM services by Owners since 2000, is not necessarily based upon a creation of a great new construction process. Rather, the rapid influx of CM firms is a direct result of one of the primary benefits of CM techniques; Cost containment in a period of rapidly increasing inflation. Many Owners, both public and private choose to utilize CM services as a hedge against rapidly increasing costs of labor and materials. CM firms are outstanding resources in this regard. Furthermore, CM can include variations of guaranteed maximum price placing the construction manager “at risk” for this guarantee. The CM process is often used by the those Owners who are not construction savvy and/or do not employ staff with a keen understanding of construction components, contract law and general building processes from design to permitting to project closeout. The CM project delivery process is one where the Owner contracts with a construction firm that will serve on behalf of the Owner as the manager of the construction schedule and contractors. However, unlike traditional contract DBB project delivery, CM contracting requires the Owner to enter into separate contracts with the architect/engineer, construction manager, and all the various trade subcontractors. Essentially, the agency or City becomes the general contractor and the construction manager, hired by the agency, is the project manager for that agency. In a CM process, the Owner must still contract with an architect/engineer. This is beneficial to the City because the architect/engineer is independent to the construction manager. However, to be effective, the construction manager is ideally placed under contract by the Owner concurrent with the architect/engineer such that the construction manager can be an integral part of project design early on thereby gaining additional expertise that yields construction efficiencies and value engineering from the perspective of the builder. An effective construction manager will ensure that overall project costs are kept to efficient minimums. However, those highly coveted construction cost savings do come at a price. The construction manager must be compensated for these services. Early in the project evolution, construction manager services during design can be negotiated on 335 of 408 a lump sum basis. However, construction manager services later into the construction phase are seldom lump sum because of project scope uncertainties and schedule. Complex projects are inherently subject to changes and construction managers prefer their fees to be based upon project scope and not lump sum. Therefore, it is common to compensate construction manager on a percentage of project cost basis plus reimbursables. It is common to pay construction managers anywhere from 8% to 12% of the project construction costs as the fee for these services. Where a guaranteed maximum price for construction is quoted and in at risk construction, the construction manager fees are included in the GMP. It is always hoped, but not guaranteed, that the services provided by the construction manager will yield reduced construction costs in excess of the costs of construction management services. Interestingly, the City Engineering staff has been practicing the CM process for the last two years. Our own engineering project managers have contracted with various subcontractor trades and scheduled all work for projects such as renovations at Fire Stations 1 and 3 and also for construction of the Library Café. So, we are in essence our own CM firm, albeit on a small scale. Pros  Well suited for highly complex projects.  Ideal for projects where time is of utmost importance.  Ideal for projects that proceed in an inflationary period.  Value engineering is enhanced.  Ideal where Owner is not construction savvy. Cons  Requires increasingly complex contractually agreements with the construction manager.  May require increased Owner Purchasing staff participation in subcontracting.  Owners must carefully select construction managers based upon defined criteria to avoid charges of political favoritism.  Entire process is cumbersome.  Adds cost of the construction manager to the overall project cost. This cost must be offset in other project efficiencies. Project Delivery in Boynton Beach This discussion is intended only to briefly describe alternatives for project delivery. Within each alternative there are many variations that can be applied to best address specific project needs or to address uncertain economic variables. City staff is certainly not as well versed in these delivery methods as may be other larger cities with larger capital project loads nor do we claim to be as knowledgeable as some private firms who provide these services. We do, however, believe we have sufficient understanding of application of these methods to complete our planned capital schedule. In this economic climate, Design-Bid-Build is proving to be delivery method of choice and will likely remain so for a number of years. The DBB process is yielding outstanding price points for the taxpayer. However, despite that, the Design Build or Construction Manager methods (or variations thereof) may have their rightful place at 336 of 408 the table for certain projects that are inherently complex or time sensitive (the Old High School for example). Basically, the delivery method is chosen based upon project needs. The delivery method is not chosen and arbitrarily applied to a project simply for the sake of choosing that method. In summary, city staff will recommend the most appropriate delivery method based for each project based upon project complexity and combined with policy directive from the City Commission for each specific future project. H? NA OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: NA ISCAL MPACT A: NA LTERNATIVES 337 of 408 11. A FUTURE AGENDA ITEMS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Conduit Bond Issue - Charter School of Boynton Beach - EQUESTED CTION BY ITY OMMISSION October 5, 2010 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 338 of 408 11. B FUTURE AGENDA ITEMS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Noise Control Ordinance - First Reading - TABLED ON EQUESTED CTION BY ITY OMMISSION July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 339 of 408 11. C FUTURE AGENDA ITEMS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Live Entertainment Ordinance - First Reading - TABLED EQUESTED CTION BY ITY OMMISSION ON July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 340 of 408 11. D FUTURE AGENDA ITEMS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 341 of 408 12. A NEW BUSINESS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of a salary reduction by City Commission for EQUESTED CTION BY ITY OMMISSION Fiscal Year 2010-11. ER: At the request of Commissioner Orlove, the City Commission is XPLANATION OF EQUEST being asked to consider taking a voluntary reduction in salary of 6% for Fiscal Year 2010-11. The current salary and expense allowance for the City Commission is as follows: Title Annual Salary Expense Allow Yr. MAYOR $ 20,010.02 $ 7,571.48 COMMISSION $ 16,675.72 $ 7,002.04 COMMISSION $ 16,675.72 $ 7,002.04 COMMISSION $ 16,675.72 $ 7,002.04 COMMISSION $ 16,675.72 $ 7,002.04 A 6% reduction would change the salaries as follows: Revised Salary Reduction MAYOR $ 18,809.42 $ 1,200.60 COMMISSION $ 15,675.18 $ 1,000.54 COMMISSION $ 15,675.18 $ 1,000.54 COMMISSION $ 15,675.18 $ 1,000.54 COMMISSION $ 15,675.18 $ 1,000.54 Total $ 81,510.13 $ 5,202.77 342 of 408 H? TBD Note that the City Commission has OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES voluntarily frozen their salary and expense allowance for FY 2010-11 FI: Savings of $5,202 ISCAL MPACT A: Do not adjust salaries of Commission for FY 2010-11. LTERNATIVES 343 of 408 13. A LEGAL September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Request for closed door session at 6:00 p.m. on October EQUESTED CTION BY ITY OMMISSION 5, 2010 regarding CLEAR CHANNEL OUTDOOR, INC., Petitioner vs. CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT, PLANNING AND ZONING DIVISION, Respondent – Case No. 502010CA013764XXXXMB ER: Pursuant to Florida Statutes 286.011(8), a request is being made XPLANATION OF EQUEST of the City Commission to meet in private at 6:00 p.m. on October 5, 2010 to discuss pending litigation as noted above. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The cost of a court reporter to transcribe the thirty minute session. ISCAL MPACT A: Decline the request to meet in a closed door session to discuss litigation. LTERNATIVES 344 of 408 CITY OF BOYNTON BEACH City Attorney’s Office MEMORANDUM TO: Honorable Mayor and City Commission Kurt Bressner City Manager FROM: James A. Cherof, City Attorney DATE: September 15, 2010 RE: Request for Private Attorney-Client Session ________________________________________________________________________ Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to be held at 6:00 p.m. on October 5, 2010, to discuss pending litigation in the following case: CLEAR CHANNEL OUTDOOR, INC., Petitioner vs. CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT, PLANNING AND ZONING DIVISION, Respondent – Case No. 502010CA013764XXXXMB This request is precipitated by developments in the case on which we need additional direction and input from the Commission. I will be in attendance along with the City Manager Kurt Bressner. We will need approximately thirty (30) minutes hour. JAC/lms 345 of 408 13. B LEGAL September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-139 - Authorize a EQUESTED CTION BY ITY OMMISSION second 60-day extension of the "Notice of Intent" (NOI) and moratorium to allow final processing of ordinances following the study of impacts and regulations related to pain clinics, pain management clinics and other uses that dispense prescription pain medications. ER: The City Commission approved Resolution No. R10-020 on XPLANATION OF EQUEST February 2, 2010 thereby issuing a Notice of Intent (NOI) to consider the need for, and adopt pending development regulations under a 180-day moratorium period applicable to pain clinics, pain management clinics and other uses that dispense prescription pain medications. st On June 1, after hearing the progress report from staff, the Commission directed staff to draft code amendments necessary to regulate said businesses, following the actions taken by other local governments. Staff continued to extract information from similar regulations previously adopted, and from the ongoing effort by the Broward County Task Force. Code amendments have been drafted and are being placed in ordinance format. The additional 60 days is necessary to cover the time period existing between the planned review by the Planning & ththnd Development Board on October 26 and the planned adoption date of November 16 (2 Reading of the Ordinances). The Land Development Regulations Chapter 1, Article XI, Section “F” allows for an extension of the NOI and moratorium if additional time is required for deliberation and study. Lastly, for comparison purposes, the extension would result in a total moratorium period of 10 months, which is 2 months less than the County’s comparable NOI period of one (1) year (assuming the County does not extend its NOI, which would further increase the margin between review periods). As staff has previously indicated, there currently is no perfect ordinance to address this problem. The problems represented by the targeted pain clinics are dynamic, as represented by the fact that Delray Beach, one of the first cities to adopt pain clinic regulations, has amended their respective regulations twice since original adoption in late 2009. The City will continue to monitor pain clinic operations, will stay involved 346 of 408 or networked with county-wide efforts in Palm Beach and Broward Counties, and monitor subsequent actions taken at the State level. Warranted amendments to these ordinances or the remaining Code of Ordinances are anticipated and would be processed timely. Staff recommends that the temporary moratorium be extended for 60 days, thereby extending the NOI from September 29, 2010 to November 28, 2010. For additional background information on this project, please see the accompanying update report prepared by staff for st the June 1 Commission meeting. H? If extended, no new applications for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES businesses subject to this NOI shall be accepted or processed during this intended to be final time period that the NOI remains in effect. This Notice of Intent shall only apply to any application processed by the City that relates to a pain clinic, pain management clinic and any use that dispenses prescription pain medications. FI: N/A. ISCAL MPACT A: Not approve the resolution and maintain regulations as status quo, or not LTERNATIVES approve the resolution allowing the NOI to expire prior to adoption of intended code amendments. 347 of 408 RESOLUTION NO. R10 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A SECOND SIXTY DAY EXTENSION OF THE “NOTICE OF INTENT” APPROVED BY RESOLUTION NO. 10-020; . AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission approved a Notice of Intent (NOI #2010-1) by Resolution R10- 020 on February 2, 2010; and WHEREAS , the Notice of Intent was to be in effect from the date of adoption and thereafter for a maximum period of 180 days, unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and WHEREAS, on July 6, 2010 the City Commission authorized a sixty (60) day extension of the Notice of Intent and moratorium; and WHEREAS, the additional sixty (60) days is necessary to cover the time period existing between the planned review by the Planning and Development Board on October 26, 2010 and the planned adoption date of November 16, 2010; and WHEREAS, staff has recommended the temporary moratorium be extended for and additional 60 days thereby extending the time period from September 29, 2010 to November 28, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby extend the Notice of Intent #2010-1, originally approved by Resolution No. R10-020, for an additional sixty days, to expire on November 28, 2010. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. 348 of 408 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 349 of 408 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review update on Pain Management Clinic Regulations EQUESTED CTION BY ITY OMMISSION being explored following issuance of the Notice of Intent and commencement of a temporary moratorium, and accept staff recommendation to draft regulations for consideration based on findings to date. ER: The City Commission approved Resolution No. R10-020 on XPLANATION OF EQUEST February 2, 2010 thereby issuing a Notice of Intent (NOI) to consider the need for, and adopt pending development regulations under a 180-day moratorium period applicable to pain clinics, pain management clinics and other uses that dispense prescription pain medications. The evaluation or study would target the performance and operation of such uses, and their impacts upon adjacent businesses and land uses. If additional time is needed to study the subject uses and their impacts, and adopt any necessary amendments to the Land Development Regulations, the Commission may extend the NOI. However, if the moratorium is not extended, it would expire on August 1, 2010. This NOI and moratorium is in response to findings, announcements, and other information generated at national, state and county levels regarding the negative aspects of such uses which ultimately lead to, or support additions to, or deaths from, prescription pain medications. Such businesses are understood to have very limited treatment services and medical oversight, but primarily distribute addictive pain medications without appropriate, professional and ethical medical care. Specific documented findings include the U. S. Department of Health and Human Services releasing of data showing that prescription drug deaths are now the fourth leading cause of death in the United States. Further, the Florida Board of Medicine (the Board), at their meeting in December, 2008, cited the “rapid proliferation of pain clinics that may be contributing to increased abuse of controlled substances,” and concluded “there may be a need to develop rules and regulations for these clinics to provide oversight related to evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;” The Board further notes that “an average of 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far 350 of 408 exceeds the number dying from illegal drug use;”. Such events and information may have lead Florida’s Governor to sign a bill in July creating a statewide database that monitors prescription drug purchases by patients, with the intent to curtail “drug shopping” by patients which involves the patient visiting multiple pain clinics to obtain numerous prescriptions. Palm Beach County has reported an influx of “pain clinics and “pain management clinics”, and there is current legal action taken on one or more physicians suspected of the unethical and illegal dispensing of prescription pain medications. The County and many municipalities in the County as well as throughout the State have enacted similar moratoriums to begin addressing this problem. Subsequent to issuance of the NOI in February, Staff has 1) maintained contact with the County and other cities to stay abreast of their related actions; 2) observed the progress of the state legislature as they considered applicable state-wide regulations; 3) collected and reviewed Police Department reports on local incidences involving pain clinics within the City; and 4) collected and reviewed municipal regulations adopted within the area. This progress, along with a description of subsequent tasks to be accomplished, is described below: 1) County and County-wide efforts To date, Palm Beach County has not progressed toward completing a zoning study or drafting applicable regulations. Since issuing Boynton’s NOI, The Town of Lantana and Pompano Beach have adopted regulations to control pain clinics, both modeled after the ordinance adopted in Delray Beach in late 2009. The Intergovernmental Plan Amendment Review th Committee (IPARC) will discuss this topic at its next regular meeting scheduled for May 27. City staff will attend to continue looking for new findings, data, and proposed regulations from other jurisdictions that can contribute to our effort. 2) 2010 State Legislative session Staff understands that the final bill written to address pain clinics, if signed, will require such uses to register with the Florida Department of Health (which will help facilitate the conducting of background checks and annual inspections), and require the clinics to be owned by a licensed physician or be licensed as a “health care clinic” (as defined by State Law). The bill also prohibits the clinics from advertising the actual controlled substance. Further, when insurance is not used to purchase specified controlled substances, the dose prescribed cannot exceed a 72 hour supply (which totals 18 pills using a liberal prescription rate of 1 pill per 4 hours). Lastly, the bill would require that all physicians practicing in such clinics to essentially have special training in the field of pain treatment. 3) Incidents and crime at local clinics Police Department incident reports were collected for the past several years on known pain clinics and management centers located within the City. Of the nine (9) known business five (5) of them have had repeated calls involving suspicious activity or vehicles, or break in and theft. Of those five (5) businesses, two of them have had five (5) calls each again involving a combination of fraud, break-in/theft, or uncooperative patrons. The most critical aspect of this dilemma involving pain clinics is emphasized by information collected during the police investigation of a call to 1325 S. Congress Avenue (Southeast Pain and Rejuvenation) on th March 5. One of four (4) individuals traveling together from Kentucky described that certain individuals will travel such distances to obtain nearly 300 pills of Roxycodone for resale back in Kentucky. This is a significant amount of medication compared to the typical dose prescribed by a doctor, and the prescription limit currently proposed by the State Legislature. This aspect of the pain clinic research is the most significant, relating to crime, drug addiction, and fatality, 351 of 408 and was the impetus behind the many moratoriums enacted by local and county governments in Florida, as well as the cause of the recent attention given it by the State Legislature. As for subsequent action by staff, staff will request Police incident reports on adjacent and other medical businesses for comparison purposes, and is contemplating interviewing operators of adjacent businesses to determine if such businesses are negatively impacted by a neighboring pain clinic. 4) New zoning ordinances by other local municipalities As indicated above, staff has obtained and reviewed regulations recently adopted by others to regulate pain clinics. The two ordinances obtained for review are from Delray Beach and Lantana. They are generally similar, with the exception that whereas the Delray Beach ordinance centers on their new definition of a “Medical Office”, the heart of Lantana’s ordinance is in their amended definition for a “Clinic”. The ordinance adopted by the City of Pompano Beach has not been obtained for review, as it is understood to have been written based on the content of Delray’s ordinance. Both ordinances reviewed by staff target the action of direct dispensing of controlled substances, and specifically prohibit such service at either “Medical Offices” or “Clinics” with exceptions that include (consolidated and paraphrased): A. When the amount of the dispensed substance is only for that particular treatment session including care at an emergency room of a licensed hospital; B. When the substance is administered for in-patient care at a hospital, nursing home, etc.; C. When prescribed by a health care professional in connection with the treatment of a person under the age of 16; and D. When dispensing a one-time, 72-hour emergency resupply to a patient. It is obvious that such regulations would significantly impact the ability of such businesses to dispense large quantities of controlled pain medications, which otherwise attracts those individuals motivated by addictions and criminal intent, and who are circumventing the laws established by the Federal Government and health care industry. With respect to subsequent tasks, staff will continue to review and consider any ordinances adopted by other cities or counties as part of this project. Given the lack of current advancement by the County toward adopting relevant regulations, who had originally hoped for a consolidated effort with the County’s municipalities, Staff ultimately recommends that the Commission direct staff to draft an ordinance similar to Delray’s and Lantana’s, but tailored to match the City’s zoning structure. Notwithstanding the impact of any applicable public notification requirements, a first draft of this ordinance could be prepared for consideration by the Commission within 30 days. If generally approved by the Commission, the final wording would be prepared and forwarded to the Planning and Development Board before returning to the Commission for First Reading. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Direct staff to obtain and forward specific additional information not described LTERNATIVES herein prior to preparation of an ordinance. 352 of 408 13. C LEGAL September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-140 - Authorize a EQUESTED CTION BY ITY OMMISSION second 60-day extension of the "Notice of Intent" (NOI) and moratorium to allow final processing of ordinances following the study of impacts and regulations related to adult entertainment uses. nd ER: On February 2, the Commission approved Resolution No. R10- XPLANATION OF EQUEST 21, thereby issuing a NOI to commence a temporary (180-day) moratorium allowing staff to conduct a warranted planning study on the operation and impacts of adult entertainment uses, and consider revising applicable city codes and ordinances as necessary. The additional 60 days will cover the time period existing between the planned review by the Planning & ththnd Development Board on October 26 and the planned adoption date of November 16 (2 Reading of the Ordinances). This additional time period will also allow a preliminary review by the Commission of a draft ordinance for feedback, particularly given the typically complex and controversial nature of the uses being studied. This preliminary review would likely occur at one of the two regular Commission meetings scheduled for October. The Land Development Regulations Chapter 1, Article XI, Section “F” allows for an extension of the NOI and moratorium if additional time is required for deliberation and study. Staff recommends that the temporary moratorium be extended for 60 days, thereby extending the NOI from September 29, 2010 to November 28, 2010. The additional time is necessary for the completion of draft regulations and placement into ordinance format, Board review, preliminary review by the Commission of the proposed regulations, the incorporation of any warranted changes into the ordinances and final adoption of the ordinances. 353 of 408 H? If extended, no new applications for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES businesses subject to this NOI shall be accepted or processed during the period that this Notice has been extended. This Notice of Intent shall only apply to any application processed by the City that involves an Adult Entertainment Use. Adult Entertainment Uses are defined by the Land Development Regulations, Part 3. Chapter 1. Article II. Definitions. FI: N/A ISCAL MPACT A: Not approve the resolution and maintain regulations as status quo, or not LTERNATIVES approve the resolution allowing the NOI to expire prior to adoption of intended code amendments. 354 of 408 RESOLUTION NO. R10 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AN ADDITIONAL SIXTY DAY EXTENSION OF THE “NOTICE OF INTENT” APPROVED BY RESOLUTION NO. 10- . 021; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission approved a Notice of Intent (NOI #2010-2) by Resolution R10- 021 on February 2, 2010; and WHEREAS , the Notice of Intent was to be in effect from the date of adoption and thereafter for a maximum period of 180 days, unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and; WHEREAS, on July 6, 2010, the City Commission approved a sixty (60) day extension of the Notice of Intent and moratorium to September 29, 2010; and WHEREAS, staff has recommended the temporary moratorium be extended for an additional sixty (60) days thereby extending the time period from September 29, 2010 to November 28, 2010 to allow additional time for the completion of draft regulations and placement into ordinance format, Board review, preliminary review by the Commission of the proposed regulations, and final adoption of the ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby extend the Notice of Intent #2010-2, originally approved by Resolution No. R10-021, for an additional sixty days, to expire on November 28, 2010. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA 355 of 408 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 356 of 408 14. A UNFINISHED BUSINESS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-021 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Amending the City of Boynton Beach Code of Ordinances Article I, by creating Section 2- 25, to be entitled "Code of Ethics", incorporating by reference the Palm Beach County Code of Ethics into the City's Code of Ordinances. ER: The City Commission authorized the City Attorney and the City Manager XPLANATION OF EQUEST to work with the new Ethics Commission of Palm Beach County to ascertain the procedure for an earlier participation in the Ethics Commission in advance of the November 2010 referendum. The City Attorney and City Manager met with County staff on Monday, August 23, 2010 to review the program and operation of the Ethics Commission and the Inspector General. The City Commission approved this Ordinance on First Reading on September 7, 2010. The proposal from the County would be only for Ethics Commission participation. If the City Commission authorizes the Interlocal agreement, we would not be subject to the Inspector General’s oversight. The County has determined that municipal participation in that aspect of the program must wait until it is determined that the referendum passes in November. Even then, it is anticipated that the conversion process to place municipalities under the IG’s office won’t occur until March 2011 at the earliest. The reason for this is that the fee structure for municipal participation must be developed in cooperation with the League of Cities. This means that if the City opts to join the Ethics Commission in September, there will be no cost to the City for their services. Q&A on the next page. 357 of 408 1. How does the contract fee collection system work? Comment: This item is on hold until after the referendum and will be negotiated with the cities as a group via League of Cities. The contract fee program funds the Inspector General Office not the Ethics Commission. 2. What type of contracts are covered for the fee collection and what are exempt? Comment: See #1 3. What training resources are available for Boynton Beach? Comment: The full-training resources of the Ethics Commission will be available to the City at no cost. 4. How does the training and filing requirements for elected officials work? Comment: The County filing process parallels the state system. Copies of the elected official’s state report are filed with the County. 5. What reports are required of them? Frequency? Comment: The current quarterly gift form that is filed with the state (if there is a gift over $100) continues with a copy to the County. 6. How does the ordinance affect advisory board members? Is there a filing and training requirement for them? Comment: Yes. Advisory Board members, commission and staff will be required to take the ethics training and certify same. There will also be an annual reporting requirement for those advisory board members and staff that currently do not have to file the state ethics form. This will probably be effective October 2011. 7. How does the ordinance affect staff? Is there a filing requirement for them? Comment: See answer to #6 8. Who is required to take the training and certify completion? Comment: All elected officials, all advisory board members and all staff. The Ethics Commission will develop and deliver the training to all. There may be the ability to do the training on-line. 9. How does the lobbyist registration process work? 358 of 408 Comment: This is on hold until after the referendum. Most likely, there will be a county wide registration system that could be an effective replacement to local registration programs. 10. What filing or reports are required of a municipality to the County under the terms of the ordinance? What is the frequency of any such report? Comment: This will likely be developed after the referendum and will mainly be a reporting mechanism for city issued contracts that would be subject to the fee collection system for the IG Office. 11. What areas of the ordinance have caused difficulty in terms of administration of the code and impact? Will there be changes? Comment: The main areas of concern were addressing secondary employment of staff, clarifying what constituted a conflict for an advisory board member and business dealings they might have with the county and smoothing out the waiver process if there was a conflict declared for a county advisory board member. 12. Is the CRA Automatically included? Comment: No. Steps would need to be included in the mutual approval process to include the CRA specifically. This is recommended by City staff. In response to an earlier briefing to the City Commission, the following additional questions were asked by a member of the City Commission: 1) What exactly will this Commission be reviewing? As stated on the Ethics Commission web site: The Ethics Commission receives and investigates complaints and is charged with enforcement of the Palm Beach County Code of Ethics, Lobbyist registration and Post Employment Ordinances. The commission also issues advisory opinions to county officials, employees and others subject to its jurisdiction such as county vendors, lobbyists and their employers. The Ethics Commission will perform the same functions for municipalities that consent by agreement to allow the Ethics Commission to perform those functions. 2) Who will be making decisions, since the inspector general is not going to part of the equation? Advisory opinion can be issued by the Executive Director to the Ethics Commission if the facts involve issues substantially similar to previous advisory opinions. In other cases, the Ethics Commission itself will review and issue the opinion. 3) What, if any, law will this commission be utilizing to make decisions? 359 of 408 The Palm Beach County Code of Ethics, which is currently codified in Article XIII of Chapter 2 of the Palm Beach County Code. 4) What, if any, difference will there be in the process between what exists now and this commission? The process for obtaining opinions and for the investigation and determination of violation of ethical standards is currently performed by the Florida Commission on Ethics. The Florida Commission has offices in Tallahassee. The procedures for obtaining opinions and for investigation of allegations of ethical breach are substantially the same under the State and County regulations. Proximity and expedience may be the primary distinguishing factors. The Palm Beach County Ethics Commission will also provide local training of City officials, employees and advisory board members. 5) What if any previous decisions, edict, etc will this commission be using to make its decision, if they will be making any? Great weight will be given to the State CEO opinions when the language of the County Ethics Code mirrors the State Ethics Code. Where there is similarity, the Ethics Commission will also looked to the state CEO for guidance. No state opinion is binding on the Ethics Commission, but apparently to date, the Ethics Commission has given some weight to relevant state interpretations. In preparing advisory opinions the Executive Director has advised that he will routinely check the state database of opinions for their interpretation of the issues and include relevant interpretations in the analysis. He will also examine attorney general opinions and appellate court decisions. 6) Finally, and most importantly, please describe exactly what this commission will be doing, what they expect from the city, what process is in place? I want to know exactly what we are potentially agreeing to? Once an Agreement is entered into, City officials, employees and Advisory Board Members will be required to comply with the County Ethics Code and will be subject to the jurisdiction of the Ethics Commission. The City will be required to cooperate with the ethics training required by the County. With the exception of the loss of work time By City employees for training, there is no charge for the training. The City will also be obligated to cooperate in the investigatory stage. This will include providing records and allowing access to the Ethics Commission investigatory personnel. The ILA grants the Ethics Commission these powers: (A) The Commission on Ethics shall have the authority to: (1) review, interpret, render advisory opinions and enforce the Code of Ethics, Post-employment 360 of 408 and lobbyist registration ordinances; (2) investigate legally sufficient complaints within the jurisdiction of the Commission on Ethics and conduct public hearings as provided by the Commission on Ethics ordinance; and (3) develop and deliver, or contract with other entities to develop and deliver training programs and ensure that effective and meaningful training experiences are delivered in a timely and efficient manner. (B) The Commission on Ethics shall have the power to conduct investigations, and receive full and unrestricted access to the records of the Public Entity, all elected and appointed Public Entity officials and employees, Public Entity departments, divisions, agencies and instrumentalities, contractors and other persons and entities doing business with the Public Entity and/or receiving Public Entity funds regarding any such contracts or transactions with the Public Entity. (C) In the case of a refusal to obey a request for documents or for an interview, the Commission on Ethics shall have the power to subpoena witnesses, administer oaths, and require the production of records in a manner consistent with section 162.08 Florida Statutes. The Commission on Ethics shall not interfere with any ongoing criminal investigation or prosecution of the State Attorney or the U.S. Attorney for the Southern District of Florida. (D) Where the Commission on Ethics suspects a possible violation of any state, federal or local law, or rule, regulation or policy, the Executive Director or designee shall notify the appropriate civil, criminal or administrative agencies. In the case of a possible violation of a rule, regulation or policy governing a Public Entity employee, the Executive Director or designee shall also notify the governing body of the Public Entity and the head of the Department for which the employee works. (E) The Commission on Ethics shall have the power to require officials and employees to participate in ethics training on a regular basis. (F) The Commission on Ethics’ “hotline” will receive complaints related to Public Entity operations. The Public Entity will support and assist the Commission on Ethics in publicizing the “hotline” and encouraging the reporting of ethics violations by local citizens, officials and employees. (G) The Commission on Ethics may exercise any of the powers contained in the Commission on Ethics Ordinance upon its own initiative. (H) With the exception of the initial complaint filed in a matter, all records held by the Commission on Ethics and its staff related to an active preliminary investigation are confidential and exempt from disclosure in a manner consistent with the provisions in s. 112.3188(2) Florida Statutes. (I) The Commission on Ethics and its staff shall be considered “an appropriate local official” of the Public Entity for purposes of whistleblower protection provided by s. 112.3188(1), Florida Statutes. (J) The Commission on Ethics may recommend remedial actions and may provide prevention and training services to Public Entity officials, employees, and any other persons covered by this Agreement. The Commission on Ethics may follow up to determine whether recommended remedial actions have been taken. (K) The Commission on Ethics shall monitor the costs of investigations undertaken. The Commission on Ethics shall cooperate with other 361 of 408 governmental agencies to recover restitution from other entities involved in willful misconduct in regard to Public Entity funds. (L) In any case in which the Commission on Ethics determines that the complaining party filed a frivolous or groundless complaint as defined in s. 57.105 Florida Statutes, or a complaint with malicious intent and with the knowledge that the complaint contains material false allegations, the commission shall order the complaining party to pay any costs and attorneys fees incurred by the commission and/or the alleged violator. (M) The Commission on Ethics will maintain a website and all required databases including gift reports, lobbyist expenses (after 2011), enforcement decisions and advisory opinions. (N) The Commission on Ethics shall annually prepare and publish a written report concerning the work and activities of the Office of Commission on Ethics. 7) Please list the other cities that are speaking with them, and all other cities that have decided to take a pass. Lantana is proceeding on adopting the necessary Interlocal agreements and is expected to join the Ethics Commission program in September. The City of Lake Worth has requested their staff to review early participation. The Village of Royal Palm Beach has also begun preliminary review via staff to staff. We have no information on any community that has decided to not pursue participation with the Ethics Commission following initial review. H? Please see answers to the above Q&A. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: There will be no financial impact to the City other than staff coordination costs ISCAL MPACT for the training. A: Do not proceed with the enabling ordinance at this time. LTERNATIVES 362 of 408 ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH CODE OF ORDINANCES ARTICLE I, BY CREATING SECTION 2-25, TO BE ENTITLED “CODE OF ETHICS”; INCORPORATING BY REFERENCE THE PALM BEACH COUNTY CODE OF ETHICS INTO THE CITY’S CODE OF ORDINANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN . EFFECTIVE DATE WHEREAS , the Board of County Commissioners of Palm Beach County, pursuant to its authority under Florida Constitution, Article VIII, Section 1(g), Section 125.01, Florida Statutes, the Palm Beach County Charter, and section 112.326, Florida, adopted the Palm Beach County Code of Ethics and created the Palm Beach County Commission on Ethics (Commission on Ethics); and WHEREAS, the Board of County Commissioners and the City of Boynton Beach desire to have the Code of Ethics regulations and the Commission on Ethics jurisdiction to apply to the City of Boynton Beach; and WHEREAS, the Board of County Commissioners and the City of Boynton Beach have entered into an Interlocal Agreement to provide services to the City of Boynton Beach in the same manner that as those services are provided to Palm Beach County as set forth herein; and WHEREAS, the City Commission of the City of Boynton Beach finds that adopting the Palm Beach County’s Code of Ethics is in the best interests of the citizens and residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Article I, Section 2-25 of the City’s Code of Ordinances, to be entitled “Code of Ethics”, is hereby created as follows: Sec. 2-25 Code of Ethics The City of Boynton Beach hereby adopts by reference as its own the Palm Beach County Code of Ethics, Palm Beach County Code, Chapter 2, Article XII, sections 2-441 through 2- 363 of 408 443, section 2-444(c), (d), and (e), section 2-445 through section 2-448, and the Palm Beach County Commission on Ethics, Palm Beach County Code, Chapter 2, Article V, Division 8, sections 2-254 through 2-260.10, as may be amended from time to time. Section 3. The Palm Beach County Code of Ethics and Commission on Ethics ordinances in existence as of the effective date of this Ordinance are hereby incorporated by reference and attached hereto as Exhibits 1 and 2 respectively. Section 4. All references to county government provided for in the Palm Beach County Commission on Ethics and Code of Ethics ordinances, including but not limited to county elected and appointed officials, county employees, county divisions and departments, shall be deemed as reference to the corresponding elected and appointed officers, divisions and departments of the City of Boynton Beach as appropriate to effectuate the intent of this Ordinance. Section 5. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. 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 8. This Ordinance shall become effective immediately. FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove 364 of 408 ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner- Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 365 of 408 366 of 408 367 of 408 368 of 408 369 of 408 370 of 408 371 of 408 372 of 408 373 of 408 374 of 408 375 of 408 376 of 408 377 of 408 378 of 408 379 of 408 380 of 408 381 of 408 382 of 408 383 of 408 384 of 408 385 of 408 386 of 408 387 of 408 388 of 408 389 of 408 390 of 408 391 of 408 392 of 408 393 of 408 394 of 408 14. B UNFINISHED BUSINESS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-120 - Approve an EQUESTED CTION BY ITY OMMISSION interlocal agreement with Palm Beach County for Ethics Commission Oversight. (TABLED ON SEPTEMBER 7, 2010) ER: The City Commission authorized the City Attorney and the City Manager XPLANATION OF EQUEST to work with the new Ethics Commission of Palm Beach County to ascertain the procedure for an earlier participation in the Ethics Commission in advance of the November 2010 referendum. The City Attorney and City Manager met with County staff on Monday, August 23, 2010 to review the program and operation of the Ethics Commission and the Inspector General. The enabling Ordinance was approved on September 7, 2010 on first reading and is scheduled for second and final reading September 21, 2010. Adoption of the enabling Ordinance is a prerequisite to the adoption of the Resolution authorizing the Interlocal Agreement. If the Commission does not approve or defers the adoption of the enabling Ordinance no action on this agenda item is required. The proposal from the County would be only for Ethics Commission participation. If the City Commission authorizes the Interlocal agreement, we would not be subject to the Inspector General’s oversight. The County has determined that municipal participation in that aspect of the program must wait until it is determined that the referendum passes in November. Even then, it is anticipated that the conversion process to place municipalities under the IG’s office won’t occur until March 2011 at the earliest. The reason for this is that the fee structure for municipal participation must be developed in cooperation with the League of Cities. This means that if the City opts to join the Ethics Commission in September, there will be no cost to the City for their services. 395 of 408 Once an Agreement is entered into, City officials, employees and Advisory Board Members will be required to comply with the County Ethics Code and will be subject to the jurisdiction of the Ethics Commission. The City will be required to cooperate with the ethics training required by the County. With the exception of the loss of work time By City employees for training, there is no charge for the training. The City will also be obligated to cooperate in the investigatory stage. This will include providing records and allowing access to the Ethics Commission investigatory personnel. The ILA grants the Ethics Commission these powers: (A) The Commission on Ethics shall have the authority to: (1) review, interpret, render advisory opinions and enforce the Code of Ethics, Post-employment and lobbyist registration ordinances; (2) investigate legally sufficient complaints within the jurisdiction of the Commission on Ethics and conduct public hearings as provided by the Commission on Ethics ordinance; and (3) develop and deliver, or contract with other entities to develop and deliver training programs and ensure that effective and meaningful training experiences are delivered in a timely and efficient manner. (B) The Commission on Ethics shall have the power to conduct investigations, and receive full and unrestricted access to the records of the Public Entity, all elected and appointed Public Entity officials and employees, Public Entity departments, divisions, agencies and instrumentalities, contractors and other persons and entities doing business with the Public Entity and/or receiving Public Entity funds regarding any such contracts or transactions with the Public Entity. (C) In the case of a refusal to obey a request for documents or for an interview, the Commission on Ethics shall have the power to subpoena witnesses, administer oaths, and require the production of records in a manner consistent with section 162.08 Florida Statutes. The Commission on Ethics shall not interfere with any ongoing criminal investigation or prosecution of the State Attorney or the U.S. Attorney for the Southern District of Florida. (D) Where the Commission on Ethics suspects a possible violation of any state, federal or local law, or rule, regulation or policy, the Executive Director or designee shall notify the appropriate civil, criminal or administrative agencies. In the case of a possible violation of a rule, regulation or policy governing a Public Entity employee, the Executive Director or designee shall also notify the governing body of the Public Entity and the head of the Department for which the employee works. (E) The Commission on Ethics shall have the power to require officials and employees to participate in ethics training on a regular basis. (F) The Commission on Ethics’ “hotline” will receive complaints related to Public Entity operations. The Public Entity will support and assist the Commission on Ethics in publicizing the “hotline” and encouraging the reporting of ethics violations by local citizens, officials and employees. 396 of 408 (G) The Commission on Ethics may exercise any of the powers contained in the Commission on Ethics Ordinance upon its own initiative. (H) With the exception of the initial complaint filed in a matter, all records held by the Commission on Ethics and its staff related to an active preliminary investigation are confidential and exempt from disclosure in a manner consistent with the provisions in s. 112.3188(2) Florida Statutes. (I) The Commission on Ethics and its staff shall be considered “an appropriate local official” of the Public Entity for purposes of whistleblower protection provided by s. 112.3188(1), Florida Statutes. (J) The Commission on Ethics may recommend remedial actions and may provide prevention and training services to Public Entity officials, employees, and any other persons covered by this Agreement. The Commission on Ethics may follow up to determine whether recommended remedial actions have been taken. (K) The Commission on Ethics shall monitor the costs of investigations undertaken. The Commission on Ethics shall cooperate with other governmental agencies to recover restitution from other entities involved in willful misconduct in regard to Public Entity funds. (L) In any case in which the Commission on Ethics determines that the complaining party filed a frivolous or groundless complaint as defined in s. 57.105 Florida Statutes, or a complaint with malicious intent and with the knowledge that the complaint contains material false allegations, the commission shall order the complaining party to pay any costs and attorneys fees incurred by the commission and/or the alleged violator. (M) The Commission on Ethics will maintain a website and all required databases including gift reports, lobbyist expenses (after 2011), enforcement decisions and advisory opinions. (N) The Commission on Ethics shall annually prepare and publish a written report concerning the work and activities of the Office of Commission on Ethics. H? Please see answers to the above Q&A. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: There will be no financial impact to the City other than staff coordination ISCAL MPACT costs for the training. A: Do not proceed with the Interlocal agreement at this time. LTERNATIVES 397 of 408 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY ALLOWING THE PALM BEACH COUNTY COMMISSION ON ETHICS TO EXERCISE THE AUTHORITY, FUNCTIONS AND POWERS GRANTED BY THE COMMISSION ON ETHICS ORDINANCE AS TO THE CITY’S OPERATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Interlocal Agreement permits the City of Boynton Beach to participate in the Ethics Commission portion of the County program while not being subject to the Inspector General’s oversight; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Inlerlocal Agreement between the City of Boynton Beach and Palm Beach County allowing the Palm Beach County Commission on Ethics to exercise the authority, functions and powers granted to it by the Commission on Ethics Ordinance as to the City of Boynton Beach’s operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Agreement between the City of Boynton Beach and Palm Beach County allowing the Palm Beach County Commission on Ethics to exercise the authority, functions and powers granted to it by the Commission on Ethics Ordinance as to the City of Boynton Beach’s operations, a copy of said Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. 398 of 408 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 399 of 408 INTERLOCAL AGREEMENT This Interlocal Agreement (“Agreement”) is made on ____________________, 2010, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida ("Public Entity"), and Palm Beach County, a political subdivision of the State of Florida (“County”), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. W I T N E S S E T H WHEREAS , Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS , the Palm Beach County Commission on Ethics Ordinance (the Commission on Ethics Ordinance) permits the Commission on Ethics of Palm Beach County (“the Commission on Ethics”), subject to approval by the Board of County Commissioners, to negotiate agreements or memoranda of understanding with municipalities, special districts, and other public offices and entities, authorizing the Commission on Ethics to exercise any and all authority, functions and powers set forth in the Commission on Ethics Ordinance for the benefit of such Public Entity. WHEREAS, Public Entity wishes to have the Commission on Ethics exercise such authority, functions and powers for Public Entity’s benefit. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to have the Commission on Ethics exercise the authority, 400 of 408 functions and powers granted by the Commission on Ethics Ordinance as to Public Entity’s operations. Section 2. Representative/Monitoring Position The County’s representative/contract monitor during the term of this Agreement shall be Alan S. Johnson, Executive Director, whose telephone number is (561) 233-0724. The Public Entity’s representative/contract monitor during the term of this Agreement shall be Public Entity’s City Manager, Kurt Bressner, whose telephone number is (561) 742-6010. Section 3. Effective Date and Term This Agreement shall take effect upon execution of this Agreement by the Board of County Commissioners. This Agreement will then be in effect for one (1) year. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party. In the event the County adopts countywide ethics regulations pursuant to its charter authority which supersede the ethics ordinances subject to this Agreement, this agreement will terminate upon the effective date of the countywide ethics regulations. Upon notice of termination by Public Entity or termination by superseding regulations, any ongoing Public Entity investigations being conducted by the Commission on Ethics pursuant to this Agreement shall continue until completed. Section 4. Responsibilities and Duties The Commission on Ethics shall exercise any and all authority, functions and powers provided for in the Commission on Ethics Ordinance and Code of Ethics Ordinance in regard to Public Entity’s operations. Those functions, authority and powers include the following:  The Commission on Ethics shall have the authority to: (1) review, interpret, render advisory opinions and enforce the Code of Ethics, (2) investigate legally sufficient complaints within the jurisdiction of the Commission on Ethics and conduct public hearings as provided by the Commission on Ethics ordinance; and (3) develop and deliver, or contract with other entities to develop and deliver training programs and 401 of 408 ensure that effective and meaningful training experiences are delivered in a timely and efficient manner. (B) The Commission on Ethics shall have the power to conduct investigations, and receive full and unrestricted access to the records of the Public Entity, all elected and appointed Public Entity officials and employees, Public Entity departments, divisions, agencies and instrumentalities, contractors and other persons and entities doing business with the Public Entity and/or receiving Public Entity funds regarding any such contracts or transactions with the Public Entity. (C) In the case of a refusal to obey a request for documents or for an interview, the Commission on Ethics shall have the power to subpoena witnesses, administer oaths, and require the production of records in a manner consistent with section 162.08 Florida Statutes. The Commission on Ethics shall not interfere with any ongoing criminal investigation or prosecution of the State Attorney or the U.S. Attorney for the Southern District of Florida. (D) Where the Commission on Ethics suspects a possible violation of any state, federal or local law, or rule, regulation or policy, the Executive Director or designee shall notify the appropriate civil, criminal or administrative agencies. In the case of a possible violation of a rule, regulation or policy governing a Public Entity employee, the Executive Director or designee shall also notify the governing body of the Public Entity and the head of the Department for which the employee works. (E) The Commission on Ethics shall have the power to require officials and employees to participate in ethics training on a regular basis. (F) The Commission on Ethics’ “hotline” will receive complaints related to Public Entity operations. The Public Entity will support and assist the Commission on Ethics in 402 of 408 publicizing the “hotline” and encouraging the reporting of ethics violations by local citizens, officials and employees. (G) The Commission on Ethics may exercise any of the powers contained in the Commission on Ethics Ordinance upon its own initiative. (H) With the exception of the initial complaint filed in a matter, all records held by the Commission on Ethics and its staff related to an active preliminary investigation are confidential and exempt from disclosure in a manner consistent with the provisions in s. 112.3188(2) Florida Statutes. (I) The Commission on Ethics and its staff shall be considered “an appropriate local official” of the Public Entity for purposes of whistleblower protection provided by s. 112.3188(1), Florida Statutes. (J) The Commission on Ethics may recommend remedial actions and may provide prevention and training services to Public Entity officials, employees, and any other persons covered by this Agreement. The Commission on Ethics may follow up to determine whether recommended remedial actions have been taken. (K) The Commission on Ethics shall monitor the costs of investigations undertaken. The Commission on Ethics shall cooperate with other governmental agencies to recover restitution from other entities involved in willful misconduct in regard to Public Entity funds. (L) In any case in which the Commission on Ethics determines that the complaining party filed a frivolous or groundless complaint as defined in s. 57.105 Florida Statutes, or a complaint with malicious intent and with the knowledge that the complaint contains material false allegations, the commission shall order the complaining party to pay any costs and attorneys fees incurred by the commission and/or the alleged violator. (M) The Commission on Ethics will maintain a website and all required databases including gift reports, voting conflict disclosures, final orders and advisory opinions. 403 of 408 (N) The Commission on Ethics shall annually prepare and publish a written report concerning the work and activities of the Office of Commission on Ethics. Section 5. Funding and Budgeting by Public Entity All costs associated with the duties and responsibilities of the Commission on Ethics are funded by The Palm Beach County Board of County Commissioners. County funding shall include all staff services and other resources to be provided in furtherance of this Agreement. Section 6. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: County Public Entity Section 7. Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. Section 8. Filing A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 9. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 404 of 408 Section 10. Remedies This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 11. Time of the Essence The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. Section 12. Equal Opportunity Provision Commission on Ethics and Public Entity agree that no person shall, on the grounds of race, color, religion, sex, age, national origin, ancestry, marital status, sexual orientation, gender identity and expression, or disability 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. Section 13. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 14. Severability In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. [The remainder of this page intentionally left blank] 405 of 408 406 of 408 Section 15. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. ATTEST PALM BEACH COUNTY, FLORIDA, THROUGH ITS BOARD OF COUNTY Sharon R. Bock, Clerk & Comptroller COMMISSIONERS By:_____________________________ By:_________________________________ Clerk __________________, Chair (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By:____________________________ By:_________________________________ County Attorney ________________, Commission on Ethics ATTEST: CITY OF BOYNTON BEACH, FLORIDA By:____________________________ By:_________________________________ Janet M. Prainito, MMC, Clerk Jose Rodriguez, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ James A. Cherof, City Attorney 407 of 408 14. C UNFINISHED BUSINESS September 21, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 21, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint members to 7-member independent Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency Board. thth ER: The interviews were conducted August 24 and September 7, XPLANATION OF EQUEST 2010. The interviewees were the following: James Buchanan Edward Cairo R. Reed Daniel Michael Grosh Nancy Hogan Mark Karageorge Revia Lee David Madigan Dr. Martha Meeks-Light Genevieve Morris The next step in the process would be the appointment of the board members. H? The City Commission continues to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES operate as the Community Redevelopment Agency Board so there would be no affect on City programs or services. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 408 of 408