Agenda 01-03-12 Searchable
The City of
100 E. Boynton Beach Boulevard ● (561) 742-6000
Boynton Beach
Boynton Beach
TUESDAY, JANUARY 3, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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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).
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1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Holzman
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. Proclaim the month of January 2012 as National Mentoring Month. Receiving the
proclamation will be Gary Graham, Community Outreach Coordinator for the
Children's Services Council of Palm Beach County.
B. Proclaim January 16, 2012 as the commemoration of Dr. Martin Luther King, Jr. Day
C. Announce the Movies of the Ave film for January 6, 2012
D. Announce Sunday Funday on Sunday, January 8, 2012
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. Accept the resignation of Willie Pearl Wilson, a regular member of the Library Board
B. Accept the resignation of Donn Davenport, a regular member of the Art Commission
C. Accept the resignation of Nubia Richman, an alternate member of the Arts
Commission
D. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
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E. Confirm the nomination of Honorary Members of the Veterans Advisory Commission
as Hilda Girtman Pitts, Wilbur Jean Sims, Larry Goldgeier, BG Albin Irzyk, Marvin
Liebensohn, Angelina Milano (deceased) and Kurt Leuchner..
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. Accept the written report to the Commission for purchases over $10,000 for the month
of November 2011.
B. Approve release of the performance bond in the amount of $109,071.46 for the
paving, grading, and drainage improvements to Minor and High Ridge Road in
association with the Imagine Charter School project.
C. Approve reduction of the performance bond by the amount of $103,064.40 for the
restoration guarantee of SE 34th Avenue right of way.
D. Accept the FY 2011 -12 Budget Status Reports of the General Fund & Utility Fund
Revenues & Expenditures for the two (2) month period ended November 30, 2011.
E. Approve the minutes from the City Commission regular meeting held on December 6,
2011 and the Special City Commission Meeting on December 13, 2011.
F. Approve the purchase of an Ion Chromatograph from Fisher Scientific at a price of
$43,271.04 by utilizing the State of Florida Contract #490-000-07-1 for Laboratory and
Safety Supplies and Equipment.
G. PROPOSED RESOLUTION NO. R12-001 - Approve (a) the issuance of Utility System
Revenue Bonds, Series 2012, not to exceed $55,000,000 and (b) approve related
administrative authorizations
H. PROPOSED RESOLUTION NO. R12-002 - Approve Agreement with Federal
Property Registration Corporation (F.P.R.C.) for a one-year period for administration
of the City's Vacant Property Registration Ordinance
I. Approve the appointment of Carisse LeJeune, Interim Assistant City Manager, as a
voting member of the Staff Steering Committee to the Southeast Florida Regional
Climate Change Compact Counties (Compact), to represent the municipalities of Palm
Beach County.
J. PROPOSED RESOLUTION NO. R12-003 - Approve the assessment of the cost of
nuisance abatement on properties within the City of Boynton Beach
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K. PROPOSED RESOLUTION NO. R12-004 - Approve the Services Agreement
between the City of Boynton Beach and Boynton Beach Faith Based CDC (the
"Provider"), authorizing the City to enter into an agreement to provide funding in the
amount of $1,225 to Boynton Beach Faith Based CDC as a partner in the
implementation of the Gang Prevention and Intervention Grant.
L. PROPOSED RESOLUTION NO. R12-005 - Approve five (5) agreements for services
for Community Development Block Grant (CDBG) sub-recipients previously approved
for funding by Resolution R11-080 on August 2, 2011
M. PROPOSED RESOLUTION NO. R12-006 - Approve the Interlocal Agreement
between the City and School Board of Palm Beach County for the mutual use of
facilities
N. PROPOSED RESOLUTION NO. R12-007- Approve the Interlocal Agreement
between the City and the Town of Lantana for a Water Main Interconnection
O. PROPOSED RESOLUTION NO. R12-008 - Authorize Interim City Manager to
execute an Agreement with MD Now Medical Centers, Inc. to provide Physician
Services for the City of Boynton Beach
7. BIDS AND PURCHASES OVER $100,000
A. Award the Bid for "THE PURCHASE OF UNIFORMS - TWO YEAR CONTRACT" Bid
# 015-1412-12/MFD to Special Products Group, who met all specifications. The
estimated annual expenditures is $134,000, with all items purchased on an as-needed
basis.
B. PROPOSED RESOLUTION NO. R12-009 - Approve and authorize the Interim City
Manager to execute an Agreement with Caler, Donten, Levine, Porter & Veil, P.A. of
West Palm Beach, FL for Financial Auditing Services for the City of Boynton Beach for
the fiscal years ending 09/30/11, 09/30/12, 09/30/13, 09/30/14 and 09/30/15 with audit
fees for each fiscal year of $96,650, $98,580, $100,550, $102,560 and $104,600,
respectively. RFP #001-1410-12/TWH
C. PROPOSED RESOLUTION NO. R12-010 - Approve the piggy-back of Manatee
County RFP #11-1065FL with Siemens Water Technologies for ODOR AND
CORROSION CONTROL SERVICES with an anticipated expenditure of
approximately $200,000
D. PROPOSED RESOLUTION NO. R12-011 - Approve and authorize the Interim City
Manager to sign Amendment No. 2 to amend the scope of services for Task Order
#U07-20-01 with Wantman Group, Inc. for the Regional Force Main and Lift Station at
Pence Park project
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
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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.
None
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
A. Approve request by Lake Worth Christian School to hold a fundraising carnival on
school property. Applicant: Jim Adams/Bob Hook for LWCS.
B. Discuss adoption of a resolution supporting Police and Fire Pension Reform.
13. LEGAL
A. PROPOSED ORDINANCE NO. 11-032 - SECOND READING - AMEND
PROVISIONS OF CHAPTER 2, ARTICLE VI, SECTION 2: CITY PARKS AND
RECREATION IMPACT FEE OR LAND DEDICATION. APPLICANT: CITY-
INITIATED
B. PROPOSED ORDINANCE NO. 11-033 - SECOND READING - AMENDING
SECTION 2-41 OF THE CODE OF ORDINANCES ESTABLISHING REVISED
REDISTRICTING BOUNDARY MAPS
C. PROPOSED ORDINANCE NO. 11-034 - SECOND READING - PROVIDING FOR AN
AMENDMENT TO THE PENSION PLAN FOR THE GENERAL EMPLOYEES
WHICH CONTAINED A SCRIVENER’S ERROR IN THE DEFINITION OF
“ACTUARIAL EQUIVALENCE
14. FUTURE AGENDA ITEMS
A. 1st Qtr update on Mae Volen Transportation Program - 1/17/12
B. 3rd & 4th Qtr 2011 combined Climate Action Plan update - 1/17/12
C. Brand Promise Committee Report - 2/7/12
D. Revisions to restrictions for vehicle size in residential districts - TBD
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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.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 3, 2012
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RACC:Proclaim the month of January 2012 as National
EQUESTED CTION BY ITY OMMISSION
Mentoring Month. Receiving the proclamation will be Gary Graham, Community Outreach Coordinator
for the Children's Services Council of Palm Beach County.
ER: By proclaiming January 2012 as National Mentoring Month, the
XPLANATION OF EQUEST
City Commission provides an opportunity to recognize and commend the efforts of mentoring
volunteers and mentoring programs and raise community awareness of the importance of
mentoring.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: Not allow proclamation
LTERNATIVES
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PROCLAMATION
WHEREAS,
mentoring provides an exemplary opportunity for youth in
Palm Beach County to have more positive role models in their lives; and
WHEREAS,
mentoring is connecting caring adult volunteers with young
people in our schools and communities to promote their successes, encourage
healthy behaviors, and build stronger communities; and
WHEREAS,
mentoring volunteers give time and support, share a skill or
experience, and are willing to share knowledge; and
WHEREAS,
mentoring assists youth in maintaining good attendance,
improving academic achievement, and improving high school graduation
rates; and
WHEREAS
, research shows that mentored youth are 52% less likely to
skip a day of school, 46% less likely to start using drugs, and 27% less likely
to start drinking.
WHEREAS,
mentoring is a true partnership, requiring businesses,
volunteers, administrators, teachers, students, parents, and private and public
community members to work together to provide a successful program; and
WHEREAS,
mentoring volunteers contribute significantly to enhance
community involvement and civic enjoyment opportunities.
WHEREAS,
National Mentoring Month provides an opportunity to
recognize and commend the efforts of these programs and raise community
awareness of the importance of mentoring;
NOW THEREFORE,
I, ______________________do hereby proclaim
the month of January, 2012 as:
National Mentoring Month
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:Proclaim January 16, 2012 as the commemoration of Dr.
EQUESTED CTION BY ITY OMMISSION
Martin Luther King, Jr. Day
ER: In 1986, the third Monday in January was established as a national
XPLANATION OF EQUEST
holiday honoring the birth of Dr. King. This year, Monday, January 16, 2012 will be observed
th
as the 26 celebration of Dr. King’s birthday.
H? None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: None
ISCAL MPACT
A: Not to provide a proclamation
LTERNATIVES
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P R O C L A M A T I O N
Whereas, Martin Luther King, Jr. was born in Atlanta, Georgia on January 15, 1929: and
Whereas, Martin Luther King, Jr. was a preeminent civil rights leader who awakened the nation’s
conscience to the need for social, political and economic freedom for Black people through nonviolent
protest; and
Whereas, the eloquence of Martin Luther King Jr. on behalf of Black people and all minorities helped
America to have a dream of a nation where all people can live and work together as one; and
Whereas, the death of Martin Luther King, Jr. was a great loss to all who believe in freedom and
equality for all men and women;
Now, Therefore, I, Jose Rodriguez, Mayor of the City of Boynton Beach, do hereby proclaim Monday,
January 16, 2012 as
“Martin Luther King, Jr. Day”
in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing
the cause of brotherhood and sisterhood among all people.
In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,
Florida, to be affixed at Boynton Beach, Florida, this 3rd day of January, Two Thousand and Twelve.
Jose Rodriguez, Mayor
City of Boynton Beach
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:Announce the Movies of the Ave film for January 6, 2012
EQUESTED CTION BY ITY OMMISSION
ER: Friday, January 6, 2012
On , the Boynton Beach CRA and the City of
XPLANATION OF EQUEST
LARRY CROWNE PG-13
Boynton Beach will present a Movies on the Ave film screening, featuring
starring Tom Hanks and Julia Roberts.
This FREE event will take place from 7:00 to 9:00 at
PM PM
the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just
GTE
east of Seacrest. Gourmet Food Trucks will be on-site for your dining pleasure. Please bring your
folding chairs or blankets. Parking onsite, no pets please
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:Announce Sunday Funday on Sunday, January 8, 2012
EQUESTED CTION BY ITY OMMISSION
ER: Sunday, January 8, 2012
On , the Boynton Beach CRA will present
XPLANATION OF EQUEST
Sunday Funday’s at the Boynton Harbor Marina. The event will feature all types of games including a
sports center with 6 different sports, a putting green, a bounce house and face painting and balloon
animals. This FREE event will take place from 1:00 to 4:00. Adults can enjoy live music and food
PM
and drinks provided by Two Georges Waterfront Grille. There is ample parking onsite, in the parking
garage and at the NE corner of N. Federal Hwy. and Ocean Avenue.
No pets please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Budgeted in CRA line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ADMINISTRATIVE
January 3, 2012
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RACC:Accept the resignation of Willie Pearl Wilson, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Library Board
ER: Willie Pearl Wilson has submitted an email resigning as a regular
XPLANATION OF EQUEST
member of the Library Board due to personal reasons.
H? The Library Board will have a vacant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
position.
FI: None
ISCAL MPACT
A: None
LTERNATIVES
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ADMINISTRATIVE
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RACC:Accept the resignation of Donn Davenport, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Art Commission
ER: Donn Davenport has submitted an email resigning as a regular
XPLANATION OF EQUEST
member of the Arts Commission due to personal /health reasons.
H? The Arts Commission will have a vacant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
position.
FI: None
ISCAL MPACT
A: None
LTERNATIVES
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ADMINISTRATIVE
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RACC:Accept the resignation of Nubia Richman, an alternate
EQUESTED CTION BY ITY OMMISSION
member of the Arts Commission
ER: An email was received advising Nubia Richman wanted to be
XPLANATION OF EQUEST
removed from the list of members of the Arts Commission.
H? The Arts Commission will function without
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
one alternate member.
FI: None
ISCAL MPACT
A: None
LTERNATIVES
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ADMINISTRATIVE
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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
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ADMINISTRATIVE
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RACC: Confirm the nomination of Honorary Members of the
EQUESTED CTION BY ITY OMMISSION
Veterans Advisory Commission as Hilda Girtman Pitts, Wilbur Jean Sims, Larry Goldgeier, BG Albin
Irzyk, Marvin Liebensohn, Angelina Milano (deceased) and Kurt Leuchner..
ER: At the November 9, 2011 Veterans Advisory Commission meeting
XPLANATION OF EQUEST
seven individuals were nominated to serve as honorary members. Establishing Ordinance No.
05-047 Section 2-188 (g)(1) provides as follows:
“The Veterans Advisory Commission may nominate ten (10) individuals to serve as honorary
members of the Veterans Advisory Commission. . .”.
“The Veterans Advisory Commission shall forward the names of the ten individuals who are
nominated to the position of honorary members to the City Commission who shall then confirm
the nomination by a majority vote of the City Commission”.
Based on the meeting of November 9, 2011 and by vote of the Veterans Advisory
Commission, Chuck Magazine, City Employee Representative to the Veterans Advisory
Commission, submitted the following names as honorary members:
Ms. Hilda Girtman Pitts
Ms. Wilbur Jean Sims
Mr. Larry Goldgeier
BG Albin Irzyk
Mr. Marvin Liebensohn
Ms. Angelina Milano (Deceased)
Mr. Kurt Leuchner
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H? The Veterans Advisory Commission will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have seven honorary members.
FI: None
ISCAL MPACT
A: The Veterans Advisory Commission will have no honorary members.
LTERNATIVES
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CONSENT AGENDA
January 3, 2012
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of November 2011.
ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the
purchases for November 2011:
Purchase Order Vendor Amount
120420 Laserfiche $ 19,940.00
120422 Jeffrey Allen, Inc. $ 21,690.00
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
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these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
A: None
LTERNATIVES
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6. B
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
rd
CMD: January 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve release of the performance bond in the amount of
EQUESTED CTION BY ITY OMMISSION
$109,071.46 for the paving, grading, and drainage improvements to Minor and High Ridge Road in
association with the Imagine Charter School project.
ER: Approve release of the performance bond #929501607 in the
XPLANATION OF EQUEST
amount of $109,071.46 for the paving grading, and drainage improvements within the Palm
Beach County ROW associated with the Imagine Charter School project.
MG3 Developer Group, LLC submitted a performance bond in the amount of $109,071.46
to insure the completion of the paving, grading, and drainage improvements for the Imagine
Charter School project located in the Minor Road and High Ridge Road right of way.
The Palm Beach County Department of Engineering and Public Works has inspected the
improvements and found them to be in full compliance with the approved plans.
The Building Division requests release of this performance bond.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: None
ISCAL MPACT
A: None
LTERNATIVES
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6. C
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
rd
CMD: January 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve reduction of the performance bond by the amount
EQUESTED CTION BY ITY OMMISSION
th
of $103,064.40 for the restoration guarantee of SE 34 Avenue right of way.
ER: The Public Works Department Engineering Division requests
XPLANATION OF EQUEST
approval of the reduction of the performance bond #105516862 TR#7987 by the amount of
th
$103,064.40 for the restoration guarantee of SE 34 Avenue right of way. This will leave the
remaining $11,451.60 (10%) to be held by the City for a period of one (1) year from the date of
this approval as the warranty against defect.
Wal-Mart Stores East, LP dba Store 5911 submitted a performance bond in the amount of
th
$114,516.00 to ensure the completion of the restoration for the 34 Avenue watermain
extension project.
Shah, Drotos & Associates has certified that improvements were done in accordance with
the approved plans.
The Public Works Engineering Division has inspected the improvements and found them to
be consistent with the approved plans.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: None
ISCAL MPACT
A: None
LTERNATIVES
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6. D
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the FY 2011 -12 Budget Status Reports of the
EQUESTED CTION BY ITY OMMISSION
General Fund & Utility Fund Revenues & Expenditures for the two (2) month period ended November
30, 2011.
Explanation of Request:This report summarizes the estimated funding sources and the
adopted expenditure budgets for the City’s General Fund and Utility Fund for the two (2) month
period ended November 30, 2011 (17% of the fiscal year). The analysis compares
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H? The annual budget is what provides and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
controls the resources for City programs and services.
FI:The annual budget and results to date for the General Fund and Utility Fund
ISCAL MPACT
follow.
GENERAL FUND
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FY 2011-12FY 2010-11FY 2012 vs. 2011
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 65,142$ 10,41416%$ 68,551$ 8,413 12%-5%24%
Expenditures$ (65,142)$ (17,958)28%$ (68,551)$ (12,538)18%-5%43%
Excess (Deficit)$ -$ (7,544)$ -$ (4,125)
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other
revenues only provide funding sources of $42.8 M or 66% of our total $65.1 M General Fund
budget estimate for FY 2012. Transfers from other funds (non-revenues) provide $22.3 M or a
large 34% of the total funding sources to balance our $65.1 M General Fund budgeted
expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA
2. 31% - $ 20.3 M – All other revenues
3._34% - $ 22.3 M – Transfers from other funds
100% - $ 65.1 M – Total funding sources
The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the property
taxes levied of $22.5 M in FY 2012 represent a 6.4% increase in property tax revenue or an
increase of $.3 M from FY 2011. To balance the budget in FY 2011, it required transfers from
other funds of $22.3 M representing 34% of all funding sources.
Actual Funding Sources Realized: For the two months in FY 2012, revenues and transfers
realized are $ 10.4 M or 16% of the budget estimate compared to $8.4M or 12% realized to
date in FY 2011.
Property Taxes: To date, as noted on Exhibit A, $2.6 M in property taxes have been received.
Other Revenues: The three major revenue sources other than property taxes are Franchise
Fees (realized $.8 M or 20% actual collected), State shared revenues (on target $.9M or 15%
collected), and Public Safety revenues (at this point $300K or 8% collected).
Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers
from other funds each month. This will result in 100% realization of this funding source for the
year.
Expenditures (Exhibit B)
Budgeted Expenditures: Overall, appropriations decreased approximately 5% from $68.5 M
to $65.1 M. The decrease impacted all departments with the larger decreases coming from
Fire and Building departments
Actual Expenditures – General Fund expenditures for the two (2) month period ending
November 30 (17% of the fiscal year) are $ 17.9 M that is 28% of the $65.1 M expenditure
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appropriation for FY 2012.
The table at the top of Exhibit B displays actual expenditures of $ 17.9 M or 28% of the FY
2012 budget. At 28%, we are ahead of spending levels compared to the 18% actual spending
levels in FY 2011 for this same period. This increase is due to the one-time payment at the
beginning of the year for the annual pension obligation as opposed to monthly or bi-weekly
payments in previous years. This change in practice has saved the City approximately $1 M
annually for all funds.
UTILITY FUND
The FY 2012 annual expenditure budget of $32.2 M represents a $.3 M increase from the FY
2011 budget of $31.9 M. The operational forecast may yield an estimated $6.8 M fund balance
increase for the year based on the budget.
For the two (2) month period in FY 2012,
Revenues realized are $ 5.2 M (16%) of the annual budget estimate.
Expenditures incurred are $5.7 M (18%) of the annual appropriated budget.
This results in an excess of expenditures over revenues of $ .5 M.
FY 2011-12FY 2010-11
FY 2012 vs. 2011
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 32,217$ 5,25016%$ 31,967$ 5,498 17%1%-5%
Expenditures$ (32,217)$ (5,773)18%$ (31,967)$ (5,383)17%1%7%
Excess (Deficit)$ -$ (523)$ -$ 115
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) - The $ 5.2 M in FY 2012 actual revenues and fund balance increase
are on target compared to the $ 5.5 M to date in FY 2011, because of two factors:
Water Sales - $ 2.9 M equivalent to 16% of the annual estimate, compared to $2.8 M
(17%) at this point in FY2011.
In FY 2012, $ 6.8 M is being recognized as an added increase to fund balance,
compared to an added increase of $ 4.3 M in FY2011.
These factors should provide for adequate bond debt service coverage.
Expenditures (Exhibit D) – Utility Fund FY2012 expenditures to date are $ 5.7 M or 18% of
the annual appropriation compared to expenditures of $ 5.3 M or 17% for the prior fiscal year.
This increase is due to the one-time payment at the beginning of the year for the annual
pension obligation as opposed to monthly or bi-weekly payments in previous years. This
change in practice has saved the City approximately $1 M annually for all funds.
A: Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. E
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on December 6, 2011 and the Special City Commission Meeting on December 13, 2011.
The City Commission met on December 6, 2011 and December 13, 2011 and minutes were
prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City of
Boynton Beach.
H? A record of the actions taken by the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
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6. F
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC: Approve the purchase of an Ion Chromatograph from
EQUESTED CTION BY ITY OMMISSION
Fisher Scientific at a price of $43,271.04 by utilizing the State of Florida Contract #490-000-07-1 for
Laboratory and Safety Supplies and Equipment.
ER: The Utility Department operates a Laboratory that is certified
XPLANATION OF EQUEST
through the National Environmental Laboratory Accreditation ConferenceNELAC) to perform
(
a variety of analytical tests to monitor the quality of our drinking water. One of the instruments
in daily use is the Ion Chromatograph. This instrument is used to monitor the following anions
(negatively charged ions); Fluoride, Nitrate, Nitrite, Sulfate, Chloride and Orthophosphate.
Some of these results require a fast turnaround in order that we maintain the required water
quality parameters as detailed by the Environmental Protection Agency (EPA) and the local
health department. The State contract complies with the public contract bid requirements and is equal
to or exceeds the requirements of the City of Boynton Beach.
The existing equipment is 11 years old and in need of replacement.
H? The Utility is mandated to follow the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
regulations as set forth in the Florida Administrative Code and the Federal Register. This
instrument is required to ensure timely conformance with these regulations.
FI: The funding for Replacement Laboratory Equipment is included in the FY11-
ISCAL MPACT
12 budget under project WTR103 in the Utility CIP.
403-5000-590-96-02 WTR103 – Replace Laboratory Equipment
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A: The alternative is to send out all of the analysis to an external laboratory.
LTERNATIVES
Unfortunately the response time will be inadequate for us to be able to control the water
production process properly.
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6. G
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-001 - Approve (a)
EQUESTED CTION BY ITY OMMISSION
the issuance of Utility System Revenue Bonds, Series 2012, not to exceed $55,000,000 and (b) approve
related administrative authorizations
ER:
On August 16, 2011, the City Commission (Resolution No. R11-088)
XPLANATION OF EQUEST
(1) Authorized and directed staff to prepare for the financing of various utility capital projects with Utility System
Revenue Bonds in the approximate amount of $20,000,000,
(2) Authorized the negotiated sale of the bonds through a public bond issuance with RBC Capital Markets
serving as the underwriter subject to City Commission approval of a contract between the City and RBC
Capital Markets, and
(3) Expressed the intent to reimburse capital expenditures incurred prior to the issuance of the bonds with
bond proceeds.
Since the initial authorization, municipal interest rates have declined and RBC Capital Markets has
brought to our attention that it will be financially beneficial to the City to prepay (refinance) all or a
portion of the City’s $29,590,000 outstanding Utility System Revenue Bonds, Series 2008, with the
issuance of the Series 2012 bonds.
The current authorization to issue bonds not exceeding $55,000,000 is determined as follows:
$20,000,000 – Financing for Utility System capital projects
$30,000,000 – Refunding Series 2008 bonds (maximum amount)
$ 5,000,000 – Providing for a 10% reserve requirement per bond resolution, if needed
$55,000,000
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Financing Utility System Capital Projects
The following large water, sewer and storm water projects over the next two years; FY 2011-12 and FY
2012-13, are included in the Utility Capital Improvement Plan (CIP) and have appropriation approval of
the City Commission.
Debt Financing to
Appropriation
ProjectCover 10%
Approval
Contingency
Lake Boynton Estates $ 1,256,000 $ 1,381,600
Manhole Rehabilitation $ 887,000 $ 975,700
Pipeline Rehabilitation $ 2,982,000 $ 3,280,200
Reuse Distribution Systems, to achieve full 8 MGD $ 2,000,000 $ 2,200,000
Seacrest Corridor Neighborhood Utility Improvements $ 5,200,000 $ 5,720,000
East Plant rehabilitation basins, offices, electrical, plumbing $ 300,000 $ 330,000
East Plant rehabilitation - ground water rule $ 700,000 $ 770,000
East Plant replacement capacity $ 4,770,000 $ 5,247,000
Totals $ 18,095,000 $ 19,904,500
Refunding Series 2008 Bonds
RBC Capital Markets through Julie Santamaria, Director, brought to our attention that it will be
financially beneficial to the City to prepay (refinance) all or a portion of the City’s $29,590,000
outstanding Utility System Revenue Bonds, Series 2008.
The Series 2008 bank loan was issued for utility improvements and has a rate of 4.22%. The
outstanding amount of $29.6 million has payments in the years 2012 - 2028. The loan can be
prepaid in part or in full on any interest payment date (5/1 and 11/1) with a premium of 1.00% in the
first 10 years and no premium thereafter.
Tax-exempt interest rates are near historical lows, and the City can refinance a portion of this debt
for savings by reducing the interest rate. The loan maturities in 2013 - 2023 totaling $13.1 million
can be refinanced at a true interest cost of 3.12%. The net present value savings are currently
$644,000, which is 4.91% of bonds refunded. This includes the prepayment premium and other
costs associated with the refunding. Local governments typically use a threshold of 3.00% of bonds
refunded to move forward with a refunding.
The refinancing will lower the City's annual payments by approximately $65,000/year in the years
2013 - 2023 due to the lower interest rate. Combining this refinancing with the City's need for the
$20 million in utility improvements creates economies of scale by sharing costs.
The remaining Series 2008 amounts maturing in years 2024 - 2028 totaling $15.9 million may be
refinanced at a later date if interest rates make the refinancing economical. Additional maturities
may be included in this refinancing if rates are lower at pricing in later January 2012 when the
bonds are sold.
RBC Capital Markets, as Bond Underwriter, will recommend a final debt structure and projected interest
rates, purchase the bonds from the City and market them nationally and locally to institutional and
individual investors.
Mark E. Raymond, Bond Counsel, serves as legal counsel drafting the Series Resolution, all
agreements and disclosure counsel preparing the Preliminary Official Statement (POS) and the final
Official Statement (OS) regarding the bond issuance working with both the City Attorney’s Office and
the Finance Department.
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The Series Resolution provides for (a) the issuance of Utility System Revenue Bonds, Series 2012, not to exceed
$55,000,000 and (b) the following related administrative authorizations.
Provides a method for fixing and determining the principal amount, interest rates, maturity
dates, redemption provisions and other details of said bonds;
Authorizes the sale of the bonds to RBC Capital Markets, LLC;
Finds necessity for a negotiated sale of such bonds;
Provides a method for approving the form of and authorizing the use of a Preliminary Official
Statement and authorizes the preparation, approval and execution of a final Official Statement
in connection with such bonds;
Authorizes the execution of a bond purchase contract and a bond registrar agreement;
Authorizes the prepayment of all or a portion of the City's Utility System Revenue Bonds, Series
2008;
Provides for certain continuing disclosure obligations of the City;
Provides for the application of the proceeds of said bonds and certain other moneys;
Authorizes the purchase of a bond insurance policy and reserve surety bond and making
certain covenants in connection therewith;
Designates the Bond Registrar for said bonds; containing certain authorizations and other
provisions; and providing an effective date.
Financial Advisor, PFM, through Jay Glover, Senior Managing Consultant, worked with staff regarding
reviews of the Rate Study as to its sufficiency to support the bond sale. In addition, they will serve as an
independent consultant to advise us and the Bond Underwriter on the timing, pricing and structure of
the bond issuance.
Engineering Consultant, CH2M Hill completed a Rate Study that was necessary to determine the water,
sewer and storm water rates needed to raise sufficient revenues to support existing Utility operations
plus the added debt service to repay bond principal and interest. The City Commission approved those
rates and they became effective in November 2011.
There is no impact on property taxes or the General Fund to pay the debt service of the new bond
issue. The repayment of Utility Revenue Bonds is supported solely by the revenues of the Utility
System from increased water and sewer rates in each year from FY 2011-12 through FY 2015-16 to
help ensure that sufficient revenues will be generated to meet the new debt service requirements along
with other financial commitments. To meet the forecasted debt service requirements and to fund the
forecasted deposits into the R&R account, water and sewer rate increases are necessary.
Overall, the water and sewer rate increases adopted by the Commission to be increased each year as
follows:
FY 2011-12 + 2%
FY 2012-13 + 3%
FY 2013-14 + 3%
FY 2014-15 + 3%
FY 2015-16 + 3%
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The increases in water and sewer rates recommended in the Rate Study by CH2M Hill were approved
by the City Commission at Public Hearings on September 20 and October 4, 2011.
H?
Issuance of the bonds will allow the Utility
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Department to advance its Capital Improvement Plan. Bond proceeds will finance both improvement as
well as renewal and replacement projects set forth in this Agenda Item.
FI:
CH2M Hill also recommends that the City issue another $20,000,000 in Utility
ISCAL MPACT
Revenue Bonds to fund additional Utility capital projects in another two to three years to finance
improvements needed to continue serving existing customers, as well as to have sufficient capacity for
new growth. While subject to bond market conditions when new debt is issued, the annual debt service
requirement is projected to increase from $5.4 M in FY 2010-11 to $8.2 M in FY 2015-16. The
additional debt service (principal and interest) requirement will be paid with the approved water and
sewer rates of approximately 2% in FY 2011-12 and 3% thereafter.
The other financial commitments of City contained in the Rate Study include:
Depositing funds ($4.3 M in FY 2011-12 to $5.3 M in FY 2015-16) into the Renewal,
Replacement and Improvement (RR&I) Account that will be used to pay for anticipated system
repairs and replacements.
Making transfers to the City General Fund of $4.5 M in all years; FY 2011-12 to FY 2015-16.
A:
Commission approval is required to issue debt. Not issuing the bonds will mean (a) not
LTERNATIVES
undertaking the critical Utility capital projects and (b) not realizing nearly one-half million dollars in debt
service savings.
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6. H
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-002 - Approve
EQUESTED CTION BY ITY OMMISSION
Agreement with Federal Property Registration Corporation (F.P.R.C.) for a one-year period for
administration of the City's Vacant Property Registration Ordinance
ER: Federal Property Registration Corporation has been the
XPLANATION OF EQUEST
Administrator of Records for Abandoned, Foreclosed and Vacant Properties for the City of
Boynton Beach since January 5, 2010. The purpose of the registration program is to provide a
more effective way for the City to manage foreclosed properties without adding staff to Code
Compliance. The City of Boynton Beach was the first City in Palm Beach County to adopt
legislation requiring lenders (mortgagees) to register vacant property to include maintenance at
the time of foreclosure filing.
The current Agreement with Federal Property Registration Corporation expires January 9,
2012. As required by the City’s procurement policies, a Request for Quotation, Quote No. 016-
2120-12/JMA was issued. On November 28, 2011, the City received and opened only one
response to the RFQ for Administrator of Record; that response was from Federal Property
Registration Corporation.
On March 1, 2011, the Commission approved an amendment to increase the total fee charged
by Federal Property Registration Corporation from $150.00 per property to $200.00 per
property with $100.00 per property distributed as revenue to the City.
Code Compliance has found the partnership with F.P.R.C. to be very successful. The total fee
proposed by F.P.R.C. in the November 28, 2011 Quote remains the same at $200.00 per
property with the City’s share at $100.00 per property.
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The new agreement period is January 10, 2012 to January 9, 2013, with the option to renew
the contract under the same Terms and Conditions for two additional one-year periods.
Agreement Period: January 10, 2012 to January 9, 2013.
H? Continuing the relationship with F.P.R.C.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides Code Compliance with the necessary tools to manage vacant properties in
foreclosure without the need for additional staff.
FI: Projected revenue for Fiscal Year 2011/2012 is $90,000.00
ISCAL MPACT
Fiscal Year Projected Revenue Actual Revenue No. of Registrations
2009/2010 - $100,200.00 1,036
2010/2011 $65,000.00 $ 94,425.00 944
2011/2012 $90,000.00
A: By Ordinance No. 09-040, Sec. 10-51.5 “Abandoned personal and real
LTERNATIVES
property”, the City of Boynton Beach is required to register vacant foreclosed properties.
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RESOLUTION R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE INTERIM CITY MANAGER AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND FEDERAL PROPERTY REGISTRATION
CORP., FOR THE ADMINISTRATION OF THE CITY’S
ABANDONED PERSONAL AND REAL PROPERTY ORDINANCE
09-040; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Federal Property Registration Corporation has been the Administrator of Records
for Abandoned, Foreclosed and Vacant Properties for the City of Boynton Beach since January, 2010;
and
WHEREAS,
the attached Agreement reduces time spent by staff contacting various lenders in
an attempt to get them to register their property and comply with the City’s Codes; and
WHEREAS
, current Agreement with Federal Property Registration Corporation expires January
9, 2012; 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 approve and authorize the City Manager to execute an
Agreement between the City of Boynton Beach and Federal Property Registration Corporation for the
administration of the City’s Abandoned Personal and Real Property Ordinance 09-040.
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 and direct the Interim City Manager and City Clerk to execute an Agreement between the
City of Boynton Beach and Federal Property Registration Corporation for the administration of the
City’s Abandoned Personal and Real Property Ordinance 09-040, a copy of which is attached hereto as
Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
FEDERAL PROPERTY REGISTRATION CORP.
This Agreement is made as of this ____ day of __________, 2012 by and between Federal
Property Registration Corp, a Florida Corporation, with offices at 6767 N. Wickham Rd., Suite 400,
Melbourne, FL 32940 (“FPRC”), and the City of Boynton Beach, a Florida municipal corporation, with
an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”).
W I T N E S S E T H:
WHEREAS,
because of an overwhelming number of mortgage foreclosures on residential and
commercial properties that are in violation of the City of Boynton Beach Code of Ordinances, the care
of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the
City of Boynton Beach; and,
WHEREAS,
in order to promptly and efficiently address the issues related to the maintenance of
foreclosed residential and commercial properties, the City Commission adopted Ordinance 09-040, the
City’s Property Registration Ordinance (the “Ordinance”); and
WHEREAS,
pursuant to the Ordinance the City desires to enter into this Agreement with FPRC
in order to provide services authorized pursuant to Ordinance 09-040, to register vacant, abandoned, and
foreclosed properties so that the City can properly address violations of the City’s property maintenance
codes (hereinafter “foreclosed property”).
WHEREAS,
FPRC will also provide an electronic registration process that is cost-free and
revenue-generating for the City.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1.FPRC RESPONSIBILITIES
A.FPRC will cite the City’s ordinance to mortgagees and proactively contact those that file
a public notice of default, lis pendens, foreclosure action, and or take title to real property via
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foreclosure or other any legal means. FPRC will electronically provide for registration of
foreclosed properties in violation of applicable City ordinances.
B.FPRC will pay for all expenses related to registration of all foreclosed property, and all
administrative costs and fees related thereto. FPRC will investigate, report, or take corrective
measures monthly to update property status of all foreclosed property electronically registered
and in compliance with the relevant City ordinances.
C.FPRC will charge a fee of Two Hundred Dollars ($200.00) per applicant to register all
mortgagees who comply with Ordinance (“Registration Fee’). FPRC shall remit fifty percent
(50%) of the Registration Fee to the City in consideration of the services provided. FPRC shall
forward payment of the City’s portion of the registration fee to the City’s Finance Department no
th
later than the 5 day of the month during the term of this Agreement.
D.FPRC agrees to provide a website for the registration of each foreclosed property in order
to enable compliance with the City’s ordinances. The website will direct registrants to the City’s
website, and further direct traffic, via a hyperlink, to VacantRegistry(dot)com The website
found at VacantRegistry(dot)com will automatically allow lenders and/or responsible parties to
comply with the City’s Codes.
E.FPRC, will execute the City’s website Link agreement and meet all City IT security, and
anti-viral requirements.
2.Indemnification:
A.FPRC shall indemnify and save harmless and defend the City, its trustees, elected and
appointed officials, agents, servants and employees from and against any claim, demand or cause
of action of whatsoever kind or nature arising out of error, omission, or negligent act of FPRC,
its agents, servants or employees in the performance of its obligations pursuant to this
Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or
property, judgments, reasonable attorney’s fees, paralegal expenses, and court costs at both the
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trial and appellate levels arising out of or in connection with the operations permitted under this
Agreement.
B.The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by FPRC and requires a specific
consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and
00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by FPRC. Furthermore, the parties understand and agree
that the covenants and representations relating to this indemnification provision shall serve the
term of this Agreement and continue in full force and effect as to the party's responsibility to
indemnify. FPRC will indemnify and hold City harmless for any negligent acts of FPRC or for
any violation of any intellectual property laws, contracts or statutes.
3.TERM. This Agreement will terminate one (1) year from the date it is executed by the City. In
addition, the parties may agree to renew this Agreement for an additional two one (1) year terms.
4.TERMINATION. This Agreement may be terminated by either Party with or without cause,
immediately upon thirty (30) calendar days written notice. Upon termination by City, FPRC shall cease
all work performed hereunder and forward to City any Registration Fees owed to the City.
5. CONTRACT DOCUMENTS: The following list of documents which are attached hereto as
exhibits to this Agreement shall be incorporated into this Agreement, as if fully set forth herein by
reference:
A.Request for Quotation for Administrator of Records for
Abandoned/Foreclosed/Vacant Properties – Quote #016-2120-12/JMA;
B.Response to Request for Quotation submitted by FPRC dated November 28,
2011;
C.City Ordinance 09-040, dated September 14, 2009;
6.INSURANCE. FPRC shall provide and maintain in force at all times during the Agreement with
the City, such insurance, including Workers’ Compensation and Employer’s Liability Insurance,
Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions
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Insurance as will assure to CITY OF BOYNTON BEACH the protection contained in the foregoing
indemnification undertaken by FPRC.
A.Workers’ Compensation Statutory limits with $100,000 Employers Liability.
B.Commercial General Liability Insurance with limits of no less than $1,000,000.00.
Bodily injury shall include operations and premises liability, products and completed
operations, owners, and contractors protective liability and personal injury liability.
C.Business Auto Liability coverage is to include bodily injury and property damage arising
out of operation, maintenance or use of any auto, including owned, non-owned and hired
automobiles and employee non-ownership with limits of not less than $1,000,000.00 per
occurrence.
D.Errors and Omissions Insurance limits of liability provided by such policy shall be no less
than $1,000,000.00 to assure City the indemnification specified herein.
E.A Certificate of Insurance acceptable to the City shall be provided listing the above
coverages and providing 30 days prior written notice to the City in the case of
cancellation. The City shall be named as an additional insured and a certificate holder on
the Commercial, General, Automobile, and Professional. Liability Policies with a waiver
of subrogation on the Workers’ Compensation/Employer’s Liability Policy. A copy of
the certificate shall be mailed to the City’s Risk Management Department at the time
FPRC executes this Agreement.
7.OWNERSHIP AND USE OF DOCUMENTS. All documents, records, applications, files and
other materials produced by FPRC in connection with the services rendered pursuant to this Agreement
shall be the property of the City, and shall be provided to City upon request. FPRC shall be permitted to
retain copies, including reproducible copies, of drawings and specifications for information, reference
and use in connection with FPRC’s endeavors. In the event of termination of this Agreement, any
reports, records, documents, forms, and other data and documents prepared by FPRC whether finished
or unfinished shall become the property of the City, and shall be delivered by FPRC to the City Manager
within seven (7) days of termination of this Agreement by either party. Any compensation due to FPRC
shall be withheld until all documents are received as provided herein.
8.AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS.
A.City shall have the right to audit the books, records and accounts of FPRC that are related
to this Agreement. FPRC shall keep such book, records, and accounts as may be necessary in
order to record complete and correct entries related to this Agreement. FPRC shall preserve and
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make available, at reasonable times for examination and audit by the City, all financial records,
supporting documents, statistical records, and any other documents pertinent to his Agreement
for the required retention period of the Florida Public Records Act (Chapter 119, Florida
Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum
period of three (3) years after termination of this Agreement, unless FPRC is notified in writing
by the City of the need to extend the retention period. Such retention of such records and
documents shall be at FPRC's expense. If an audit has been initiated and audit findings have not
been resolved at the end of the retention period or three (3) years, whichever is longer, the books,
records, and accounts shall be retained until resolution of the audit findings. If the Florida Public
Records Act is determined by the City to be applicable to FPRC's records, FPRC shall comply
with all requirements thereof; however, no confidentiality or non-disclosure requirement of
either federal or state law shall be violated by FPRC. Any incomplete or incorrect entry in such
books, records, and accounts shall be a basis for City’s disallowance and recovery of any
payment upon such entry.
B.In addition, FPRC shall respond to the reasonable inquiries of any successor companies
and allow and successor companies to receive working papers relating to matters of continuing
significance. In addition, FPRC shall provide a complete copy of all documents papers to the
City, prior to any final payment, in accordance with this Agreement.
9.INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer
relationship between the parties. It is the intent of the parties that FPRC is an independent contractor
under this Agreement and not the City’s employee for all purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance
law. FPRC shall retain sole and absolute discretion in the judgment of the manner and means of
carrying out FPRC’s activities and responsibilities hereunder. FPRC agrees that it is a separate and
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independent enterprise from the City, that it has full opportunity to find other business, that it make its
own investment in its business, and that it will utilize a high level of skill necessary to perform the work.
This Agreement shall not be construed as creating any joint employment relationship between FPRC and
the City and the City will not be liable for any obligation incurred by FPRC, including but not limited to
unpaid minimum wages and/or overtime premiums.
10.NOTICES. Whenever any party desires to give notice unto any other party, it must be given by
written notice, sent by registered United States mail, with return receipt requested, hand delivery or
facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the
remaining party, at the places last specified, and the places for giving of notice shall remain such until
they shall have been changed by written notice in compliance with the provisions of this section. Notice
shall be deemed to have been given upon receipt. For the present, FPRC and the City designate the
following as the respective places for giving of notice:
CITY: City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attention: City Manager
Copy To: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
FPRC: Rodney R. Brace, President
Federal Property Registration Corp.
6767 N. Wickham Road, Suite 400
Melbourne, FL 32940
Telephone No. (321) 421-6639
Facsimile No. (321) ________
11.ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered, under any circumstances, by FPRC without the prior written consent of City.
For purposes of this Agreement, any change of ownership of FPRC shall constitute an assignment which
requires City approval. However, this Agreement shall run to the City and its successors and assigns.
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12.AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
13. CONTINGENT FEES. The parties acknowledge that Geoffrey B. Sluggett and Associates,
Inc., Relationship Manager, Independent Contractor and Consultant of FPRC will receive a fee or a
commission, to be paid by FPRC, as a result of the parties executing this Agreement. Geoffrey B.
Sluggett and Associates, Inc. is not a full-time employee of FPRC and performs services for others.
14.BINDING AUTHORITY. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the party
for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
15.LAWS AND ORDINANCES. FPRC shall observe all laws and ordinances of the City, county,
state, federal or other public agencies directly relating to the operations being conducted pursuant to this
Agreement.
16.EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, FPRC shall
not discriminate against any firm, employee or applicant for employment or any other firm or individual
in providing services because of sex, age, race, color, religion, ancestry or national origin.
17.WAIVER. Any failure by City to require strict compliance with any provision of this
Agreement shall not be construed as a waiver of such provision, and City may subsequently require
strict compliance at any time, notwithstanding any prior failure to do so.
18.SEVERABILITY. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have been
held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
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19.GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with
venue lying in Palm Beach County, Florida.
20.ATTORNEY’S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the
prevailing party shall be entitled to recover reasonable attorney’s fees, paralegal expenses, and costs,
including fees and costs incurred at all pretrial, trial and appellate levels.
21.ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement
between the CITY and the FPRC and supersedes all prior negotiations, representations or agreements,
either written or oral.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year
first above written.
CITY OF BOYNTON BEACH
Attest:
By:_______________________________
Lori LaVerriere, Interim City Manager
__________________________
City Clerk ____ day of _________, _____ (date)
APPROVED AS TO FORM:
By_____________________________ City
Attorney
FEDERAL PROPERTY REGISTRATION
CORP.
Attest: By: ______________________________
Rodney R. Brace, President
_____________________________
Print Name: ___________________ Date:___________________
Title: ________________________
(SEAL)
STATE OF FLORIDA )
) SS
COUNTY OF ST. JOHNS )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared ___________________________ of Federal Property Registration Corp. who is
personally known to me or has produced _________________________________ as identification, and
acknowledged execution of the foregoing Agreement as the proper official of Federal Property
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Registration Corp. of for the use and purposes mentioned in it and that the instrument is the act and deed
of the Corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this _______ day of __________________________, 2012.
_________________________________
NOTARY PUBLIC
My Commission Expires:
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6. I
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the appointment of Carisse LeJeune, Interim
EQUESTED CTION BY ITY OMMISSION
Assistant City Manager, as a voting member of the Staff Steering Committee to the Southeast Florida
Regional Climate Change Compact Counties (Compact), to represent the municipalities of Palm Beach
County.
ER: The City of Boynton Beach has been invited to represent the
XPLANATION OF EQUEST
municipalities of Palm Beach County on the Compact’s Staff Steering Committee. The
Compact was entered into by Broward, Miami-Dade, Monroe and Palm Beach Counties in
January 2010. Specific accomplishments of the Compact include the development of
regionally-consistent methodologies for mapping sea-level rise impacts, assessing
vulnerability, and understanding the sources of regional greenhouse gas emissions.
Collectively, these work products provide the foundation for the Compact’s Regional Climate
Change Action Plan. The plan contains one hundred (100) action items within six (6)
categories, including:
Sustainable Communities and Transportation Planning
Water Supply, Management and Infrastructure
Natural Systems and Agriculture
Energy and Fuel
Risk Reduction and Emergency Management
Outreach and Public Policy
Previously, Palm Beach County held two (2) votes on the Staff Steering Committee; one (1)
vote representing the county and one (1) vote representing the municipalities. Going forward
into the implementation phase of the Compact’s Climate Change Action Plan, it was decided
by Compact members that those votes be split, with one (1) vote going to a municipality to
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represent the other local governments in Palm Beach County. Due to Boynton Beach’s
reputation for being a leader in Sustainability, we have been invited to participate as the voting
member representing all the municipalities in the county. On January 18, 2012, at the Palm
Beach County League of Cities General Membership meeting, Palm Beach County will
nominate the City of Boynton Beach as that voting member. Staff respectfully requests that
the City Commission approve and support our participation in the Compact in order for
Boynton Beach to accept the nomination.
A copy of the Southeast Florida Compact Counties Draft Regional Climate Change Action Plan
is attached for your review. The Appendices can be downloaded at
http://www.southeastfloridaclimatecompact.org/index_files/Page648.htm
The Compact will be accepting comments for a 60-day period ending Friday, February 10,
2012 at which time the comments will be presented to the respective Boards of County
Commissioners of the Compact Counties. Staff is currently reviewing the plan in comparison
with our own Climate Action Plan for comment.
H? Boynton Beach was the first municipality
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
in Palm Beach County to adopt by resolution a comprehensive Climate Action Plan, complete
a Greenhouse Gas Emissions Inventory, adopt a Green Building Program, and successfully
implement our CAP for over one year (and still on-going). Through our participation in the
Palm Beach County City Sustainability Collaborative, we have the mechanism to reach out to
all other municipalities within the county to share information and receive feedback to
adequately represent the “voice” of Palm Beach County local governments as the liaison to the
Collaborative. Having a voice during the implementation phase is very important to Palm
Beach County municipalities as determinations are made for how funds flowing into the county
for mitigation and adaptation are distributed. We need to guard against unfunded mandates
that negatively impact and restrict growth. And we need to pay very close attention to
Adaptation Action Area designations incorporated into local comprehensive plans and regional
planning documents. The local governments of Palm Beach County need to be represented
and the City of Boynton Beach is a logical choice. In the words of Oscar Wilde, “We’re either
at the table or on the menu.”
FI: Staff time only.
ISCAL MPACT
A: Not approve staff participation in the Compact.
LTERNATIVES
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6. J
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-003 - Approve the
EQUESTED CTION BY ITY OMMISSION
assessment of the cost of nuisance abatement on properties within the City of Boynton Beach
ER:
XPLANATION OF EQUEST
In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the
attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted
vendor. The Building Official notified each property owner of the charge for abatement. There was no response within the
required 30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the
procedure. The property owners were again issued a letter which offered an opportunity to pay the invoice within an additional
30-day period. The attached list contains the names of the property owners who have still not responded to our
correspondence.
At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm
Beach County within 30 days of adoption of the Resolution. Prior to sending a certified copy of the Resolution to the County
for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay
the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment
when the certified copy of the Resolution is sent to the County for recording. Thirty days after a certified copy of the
Resolution is recorded, the property owners will receive, by certified mail, a certified copy of the Resolution and another letter
stating the unpaid balance will accrue interest at a rate of 8% per annum.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
This process allows us to place liens on the properties in order to reimburse the City for the services that
were provided when the nuisances were abated.
A:
LTERNATIVES
The alternative would be to not place liens on the properties and not collect for the service provided.
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RESOLUTION NO. R12-____
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE
COSTS OF ABATEMENT OF CERTAIN NUISANCES
AGAINST THE OWNERS OF THE PROPERTIES
INVOLVED, AUTHORIZING THE CITY ATTORNEY AND
CITY CLERK TO INITIATE RECORDING OF LIEN; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, the City Manager or his designated representative of the City of Boynton Beach,
Florida, acting on and on behalf of the City, has pursuant to Section 10-5 of the Code of Ordinances of
the City of Boynton Beach, found and determined that the condition of certain property or parcels of
land as hereinafter described violate Section 10-2 and 10-3 of said Code by reason of the existence of
excessive growth of weeds, grass, vegetation or other noxious plants or other offensive substance
detrimental to the health and welfare of the residents of the City, thereby constituting a nuisance; and
WHEREAS
, the owners of the parcel(s) of property hereinafter described were duly notified in
accordance with Section 10-5 of the City Code of Ordinances and were required to abate the nuisance,
as describe din the Notice t Owners within the prescribed period of time; and
WHEREAS,
said nuisance was not abated as required; and
WHEREAS,
pursuant to and in accordance with the procedure set forth in Chapter 10 of the
Code of Ordinances of the City of Boynton Beach, the City abated said nuisance; and
WHEREAS
, the City Manager or his authorized representative has made a report of costs
actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is
hereinafter described;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
Section One: The Whereas clauses set forth above are true and correct and incorporated herein
by this reference.
Section Two: The City Commission of the City of Boynton Beach assesses the cost of nuisance
abatement against those properties and in the amounts set forth as listed in Exhibit “A”. The City
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Attorney and the City Clerk are authorized to prepare and record such instruments, in addition to this
Resolution, as necessary to perfect a City lien against the properties.
Section Three: The City Clerk shall provide written notice to the property owners of the subject
properties in accordance with Section 10-9 of the City Code of Ordinances.
Section Four. This Resolution shall become effective thirty (30) day following date of passage.
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rd
PASSED AND ADOPTED this 3 day of January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor
_______________________________
Vice Mayor
_______________________________
Commissioner
________________________________
Commissioner
ATTEST:
_______________________________
Commissioner
____________________
City Clerk
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6. K
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-004 - Approve the
EQUESTED CTION BY ITY OMMISSION
Services Agreement between the City of Boynton Beach and Boynton Beach Faith Based CDC (the
"Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $1,225 to
Boynton Beach Faith Based CDC as a partner in the implementation of the Gang Prevention and
Intervention Grant.
ER: The Palm Beach County Criminal Justice Commission (CJC) has
XPLANATION OF EQUEST
been awarded a $324,901 Youth Gang Prevention and Intervention Grant through the U.S.
Department of Justice. This funding will be used to enhance the existing community–based
comprehensive anti-gang strategy. The CJC will implement the strategy by providing funding to
enhance the current operations of the Youth Empowerment Centers (YECs) in Palm Beach
County.
At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County
Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention
and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment
Center through March 31, 2012.
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 March 31, 2012.
H? This will add a very popular program to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the YEC that will help attract teens and that will act as a deterrent towards gang activity. The
Boynton Beach Faith Based CDC‘s instructor, Ricky Petty, has held classes at the YEC for
several years. He has an excellent track record and his classes are very well attended by the
teens. The employment skills class helps the teens develop job interview skills. It will teach
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the youth where to look for jobs, how to dress, the proper language to use during interviews
and how to write a resume.
FI: The County has approved the funding for the YEC. The Boynton Beach Faith
ISCAL MPACT
Based CDC submitted a budget of $1,225 to run their program. All expenses submitted for
reimbursement will fall within the approved budget.
The City will be reimbursed via the County for all expenses incurred. Funds have been
budgeted in account #105-3320-572-49-17 in the amount of $72,353 to cover the cost of
services agreements for the Gang Prevention and Intervention Grant.
A: Do not approve the Services Agreement.
LTERNATIVES
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RESOLUTION R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY
MANAGER AND CITY CLERK TO EXECUTE A YOUTH EMPOWERMENT
CENTER SERVICES AGREEMENT WITH BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORPORATION, FOR SUB-GRANT FUNDING
IN THE AMOUNT OF $1,225.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Palm Beach County Criminal Justice Commission has been awarded a
$324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice; and
WHEREAS
, the Criminal Justice Commission will implement an anti-gang strategy by
providing funding to enhance the current operations of the Youth Empowerment Centers in Palm Beach
County; and
WHEREAS
, at the November 3, 2010 Commission Meeting, the Interlocal Agreement with the
Board of County Commissions was approved which allowed the City to receive the funding from the
Gang Prevention and Intervention Grant; and
WHEREAS
, the City of Boynton Beach was granted $71,352.75 to support the Boynton Beach
Youth Empowerment Center; and
WHEREAS
, Boynton Beach Faith Based CDC submitted a budget of $1,225.00 and all
expenses submitted for reimbursement will fall within the approved budget.
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 Interim City Manager and City Clerk to execute a Youth Empowerment Center
Services Agreement with Boynton Beach Faith Based CDC including a sub-grant in the amount of
$1,225.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A”
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of January, 2012.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Vice Mayor – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. L
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-005 - Approve five
EQUESTED CTION BY ITY OMMISSION
(5) agreements for services for Community Development Block Grant (CDBG) sub-recipients previously
approved for funding by Resolution R11-080 on August 2, 2011
ER:
The sub-grantees have submitted required budgets, scopes of services,
XPLANATION OF EQUEST
and timelines for performance as addendum to the contracts for services to be performed.
H?
The impact is the provision of much needed
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services that are eligible under the CDBG program provided to our community by various organizations,
and the emphasis on growth of the economy. These factors meet the City’s objectives and priorities as
set forth in the Five Year Consolidated Plan. The sub-grantees are as follows:
Review Committee Commission
Recommendation Approval
Aid to Victims of Domestic Abuse $17,500 $17,500
Boynton Beach Faith Based CDC $100,000 $65,000
Community Caring Center $45,400 $45,400
Community Caring Center dba “Ocean Avenue Green Market” $25,000 $25,000
City of Boynton Beach Recreation & Parks Department $9,000 $9,000
FI:
A total of $161,900 has been awarded to these grantees for fiscal year 2011/2012 and
ISCAL MPACT
will be charged to the CDBG Grant account number 110-3430-513-49-17.
A:
None at this time.
LTERNATIVES
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RESOLUTION R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF
AGREEMENTS FOR SERVICES BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA, AND SUB-RECIPIENTS OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS (CDBG); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach receives Federal Grant Funds earmarked for
distribution for community development block grants; and
WHEREAS
, the City of Boynton Beach desires to enter into Agreements with five qualified
sub-recipients, who have previously submitted all necessary documentation required, including budgets,
scopes of services, and timelines for performance; and
WHEREAS
, a copy of each Agreement is attached hereto and made a part hereof;
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 Agreements between the City of Boynton Beach, Florida and sub-recipients, as
follows:
1.Aid to Victims of Domestic Abuse $17,500.00
2.Boynton Beach Faith Based CDC $65,000.00
3.Community Caring Center $45,000.00
4.Community Caring Center dba “Ocean Avenue Green Market” $25,000,00
5.City of Boynton Beach Recreation and Parks Department $9,000.00
Section 3. This Resolution will become effective immediately upon passage.
rd
PASSED AND ADOPTED
this 3 day of January.2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
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______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Woodrow L. Hay
______________________________
ATTEST: Commissioner – Marlene Ross
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. M
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-006 - Approve the
EQUESTED CTION BY ITY OMMISSION
Interlocal Agreement between the City and School Board of Palm Beach County for the mutual use of
facilities
ER: The purpose of the agreement is to enable the School Board and
XPLANATION OF EQUEST
the City to utilize each other’s recreational facilities and provide a procedure for authorizing the
use of the School Board’s recreation facilities by City-affiliated recreation groups and
organizations.
H? The School Board and the City agree to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
make facilities available for use according to Priority of Use (as defined in the agreement) at no
cost or expense, except as otherwise provided for in the agreement.
FI: N/A
ISCAL MPACT
A: Do not approve the agreement.
LTERNATIVES
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RESOLUTION R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
SCHOOL BOARD OF PALM BEACH COUNTY FOR THE
MUTUAL USE OF RECREATIONAL FACILITIES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
it is the desire of the City and the School Board of Palm Beach County to
enter into an Interlocal Agreement for the mutual use of recreational facilities; and
WHEREAS
, the School Board and the City recognize the benefits to be derived by
utilizing each other’s facilities thereby minimizing the duplication of facilities; and
WHEREAS,
the parties will use the attached Agreement to enable the Board and City to
utilize each other’s recreational facilities and provide a procedure for authorizing the use of the
Board’s recreational facilities by City-affiliated recreation groups and organizations that have
been approved by the parties.
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 Mayor and City Clerk to execute the Interlocal Agreement between the
City of Boynton Beach and School Board of Palm Beach County, a copy of which is attached
hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
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Mayor – Jose Rodriguez
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. N
CONSENT AGENDA
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-007- Approve the
EQUESTED CTION BY ITY OMMISSION
Interlocal Agreement between the City and the Town of Lantana for a Water Main Interconnection
ER: The purpose of the agreement is to make provision for either party
XPLANATION OF EQUEST
to be able to supply the other with water in an emergency situation. The interconnection
between the two water distribution systems already exists and this agreement renews the
provisions regarding operation of the valves and payment for water used.
H? This will enhance the ability of the utility to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have access to emergency supplies of water. There are other connections between our
distribution system and other utilities of a similar nature. The South Florida Water Management
District encourages the use of these interconnections.
FI: There will be no cost to the city unless we buy water from the town of Lantana.
ISCAL MPACT
We will receive payment for any water used by them.
A: Do not approve the agreement.
LTERNATIVES
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RESOLUTION R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE INTERLOCAL AGREEMENT
WITH THE TOWN OF LANTANA, PROVIDING FOR WATER
MAIN INTERCONNECTION; AUTHORIZING THE INTERIM
CITY MANAGER AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Town of Lantana and the City of Boynton Beach have water mains on or near
Hypoluxo Road between Seacrest Boulevard and US 1; and
WHEREAS,
this agreement will provide for the interconnection for either party to be able to
supply the other with water in an emergency situation.
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. This Commission does hereby approve and authorize the Interim City Manager
and City Clerk to execution an Interlocal Agreement with the Town of Lantana to provide for a water
main interconnection, a copy of which Agreement is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH
AND
TOWN OF LANTANA
FOR
WATER MAIN INTERCONNECTION
THIS INTERLOCAL AGREEMENT made and entered into this _______ day of ___________,
2012, by and between the City of Boynton Beach, a Florida municipal corporation with its principal
address at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as
the "City", and the Town of Lantana, a Florida municipal corporation with its principal address at 500
Greynolds Circle, Lantana, Florida 33462, hereinafter referred to as the "Town" for Water Main
Interconnection.
W I T N E S S E T H
WHEREAS, the Town and the City have water lines installed in close proximity to each other
along Hypoluxo Road between Seacrest Boulevard and San Castle Boulevard in Palm Beach County,
Florida; and
WHEREAS, the Town and the City desire to guard against the potential danger of failure of
water service to customers within their service areas and to enhance their respective water distribution
systems interconnectedness for security, emergency, and vulnerability preparedness; and
WHEREAS, interconnections for water distribution systems is encouraged by the South Florida
Water Management District and the Environmental Protection Agency to provide alternative sources of
treated water in the event of an emergency or system failure; and
WHEREAS, on September 2, 2003, the Town and the City entered into an Interlocal Agreement
for Water Main Interconnection for a term of five (5) years; and
WHEREAS, on November 16, 2004, the Town and the City entered into a First Addendum to
Interlocal Agreement for Water Main Interconnection to amend the cost sharing sections of the
Agreement relating to the design and construction of the water main interconnections; and
WHEREAS, the Town and the City failed to renew the September 2, 2003 Interlocal Agreement
for Water Main Interconnection, which has now expired; and
WHEREAS, it is in the best interests of both the Town and the City to enter into this new
Agreement to ensure that potable water will continue to be available in an emergency situation; and
WHEREAS, the Town and the City desire to address their mutual concern by entering into this
Florida Statutes.
Interlocal Agreement pursuant to Section 163.01,
NOW THEREFORE, in consideration of the mutual promises contained herein, the Town and
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the City agree as follows:
SECTION 1: PURPOSE.
The Town’s water system will remain connected to the water system
of the City in accordance with the mutually agreeable specifications and in accordance with contract
documents entitled "Town of Lantana Water Main Interconnections," dated September 2, 2003, prepared
by Mathews Consulting, Inc. Such water main interconnection(s) between the Town and the City shall
hereinafter be referred to as the "Interconnection(s)” or “Project.”
SECTION 2: LOCATION OF INTERCONNECTIONS
.
The two (2) Interconnection(s) governed by this Agreement are located as follows:
a.The first Interconnection is located on the northeast corner of Hypoluxo Road and
South 13th Court near Seacrest Boulevard ("Interconnection No. 1").
Interconnection No.1 ties into the Town's eight (8”) inch water main on the north
side of Hypoluxo Road and the City's eight (8”) inch water main on the south side
of Hypoluxo Road.
b.The second Interconnection is located on the southeast corner of Hypoluxo Road
and San Castle Boulevard("Interconnection No. 2"). Interconnection No. 2 ties in
the Town's eight (8”) inch water main on the north side of Hypoluxo Road and the
City's eight (8”) inch water main on the south side of Hypoluxo Road.
c.The Interconnect(s) will be controlled by two valves, one of which will be
operable by the Town and one of which will be operable by the City.
Each party shall be responsible for monitoring and inspecting their respective water distribution systems
and shall jointly inspect the Interconnects.
SECTION 3: INTERCONNECTION; PROCEDURES; CONDITIONS.
The
Interconnection(s) will be controlled by two (2) valves (for each meter); one (1) of which will be
operable by the Town and one (1) of which is operable by the City. In the case of a planned or
unplanned water system disruption or other emergency causing a water service disruption or emergency
water service failure in either the Town or the City (a “Water Service Emergency”), the valve of the
party not experiencing the Water Service Emergency (the “Supplying Party”) may be opened so as to
permit the flow of water to the party experiencing the Water Service Emergency (the “Receiving
Party"). No supply of water to the Receiving Party shall be provided except in case of a Water Service
Emergency and only under the following terms and conditions as determined at the sole discretion of the
Supplying Party:
a.A sufficient surplus of potable water exists to meet the Supplying Party’s
anticipated water demands;
b.The Supplying Party may limit the amount of water to be supplied in order to
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meet the Supplying Party’s anticipated water demands;
c.The Supplying Party may limit the hours or days of supply in conjunction with the
estimated demands on either party’s water system;
d.The Supplying Party may condition the provision of water upon the requirement
that the Receiving Party impose use restrictions on its customers as prescribed by
the Supplying Party; and
e.The Supplying Party may place an automatic expiration date upon Water Service
Emergency supply period which may be extended only by the Supplying Party's
City/Town Manager.
SECTION 4 INTERCONNECTION MEASUREMENT AND COSTS.
The potable water
used will be measured by eight (8”) inch turbine meters with a capacity of three thousand five hundred
(3,500) gallons per minute. Charges for metered water use through the Interconnection shall be at the
prevailing lowest commodity rate of the Supplying Party for non-residential customers at the time the
potable water is supplied. No capacity or other fixed charges shall be assessed. Adjustments to said
charges shall be made by written addendum to this Interlocal Agreement. When water is utilized
through the Interconnection, the meter or meters shall be read concurrently by the City and the Town on
st
approximately the first (1) business day of each month. Monies owed by the Receiving Party to the
Supplying Party for water consumed during a Water Service Emergency under the terms of this
Agreement shall be paid to the Supplying Party within thirty (30) days after the furnishing of a invoice
for the Interconnection water service. Invoices will be provided for each thirty (30) day increment, or
portion thereof, during the duration of a Water Service Emergency.
SECTION 5 INTERCONNECTION REQUEST AND TERMINATION.
Upon the
occurrence of a Water Service Emergency, a written communication from the City/Town Manager or his
authorized designee of the Receiving Party requesting the opening of the Interconnection valve, setting
forth the nature of the Water Service Emergency and providing an estimated duration of the Water
Service Emergency (the "Interconnection Request") shall be faxed or e-mailed, if at all possible, at least
forty-eight (48) hours prior to the start of such Water Service Emergency. The Interconnection Request
by the Receiving Party is the only communication necessary prior to a water service supply decision by
the Supplying Party. Notwithstanding the above, in the event of an actual emergency where advance
notice cannot be provided, the Supplying Party's Manager or his designee may authorize the opening of
the Interconnection valve without the Interconnection Request, but the Interconnection Request must be
then provided and a decision to open the Interconnection valve must be reviewed by the applicable
Town or City Staff members within twenty-four (24) hours of valve opening in order that certain
conditions as set forth hereinabove at Section 3 may be imposed or to allow the Supplying Party the
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right of refusal of the request as provided for herein at Section 7. A request to discontinue the water
service through the Interconnection at the end of a Water Service Emergency must be provided by fax or
e-mail by the Receiving Party's City/Town Manager or his authorized designee at least forty-eight (48)
hours prior to the proposed shut-off of the Interconnection valve.
SECTION 6 TERM; RENEWAL.
It is understood by both parties that the term of this
Interlocal Agreement is five (5) years. This Interlocal Agreement may be renewed for additional five
(5) year periods upon the mutual, written consent of the parties, which consent must be reached by the
parties prior to the expiration of the term or any extended term. In the event that the Interlocal
Agreement is not renewed, this Interlocal Agreement shall automatically terminate at the end of the five
(5) year term.
SECTION 7 RIGHT OF REFUSAL.
Each party to this Interlocal Agreement expressly
acknowledges the right of either party to refuse to provide the Emergency Water Service, as set forth in
this Interlocal Agreement, if the City/Town Manager of the Supplying Party which refuses the
Interconnection Request determines that the provision of such service would not be in the best interest or
would constitute a danger to the health, safety and welfare of its citizens, for any reason whatsoever. In
the event of such a refusal, the parties agree that neither party has a claim against the other for the
exercise of the Supplying Party’s right to refuse the provision of water service under this Agreement.
SECTION 8: LIABILITY.
The parties to this Interlocal Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or omissions of the other party, and each party
agrees to be responsible for its own acts, omissions, negligence, and willful misconduct, and the acts,
omissions, negligence, and willful misconduct of its employees, officers, and agents. Nothing contained
herein shall be construed as a waiver, by either party, of the liability limits, protections, and immunities
Florida Statutes
established in Sec. 768.28, .
SECTION 9: GOVERNMENTAL POWERS.
Both parties acknowledge that this an
Florida Statutes
Interlocal Agreement under Chapter 163, , and that each party shall retain all legislative
authority with regard to its respective governing body. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents or employees of any
public agency when performing their respective functions within the territorial limits for their respective
agency shall apply to the same degree and extent to the performance of such functions and duties of
those officers, agents, or employees extra-territorially under the provisions of any Interlocal Agreement.
All provisions of this Agreement calling for the expenditure of ad valorem tax revenue by either the City
or the Town are subject to annual budgetary funding, and should either party involuntarily fail to fund
any of their respective obligations pursuant to this Agreement, this agreement may be terminated.
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SECTION 10: NOTICE.
Any and all notices required or permitted to be given hereunder shall
be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return
receipt requested.
As to CITY: And As to TOWN:
Lori LaVerriere, Interim City Manager Utilities Department Michael Bornstein, Town Manager
City of Boynton Beach City of Boynton Beach Town of Lantana
Attn: Kofi Boateng, Utilities Director
100 E. Boynton Beach Boulevard 500 Greynolds Circle
Boynton Beach, Florida 33435
124 E. Woolbright Road Lantana, Florida 33462
Fax (561) 742-6011 Boynton Beach, Florida 33435 Fax (561) 540-5011
Email: laverrierel@bbfl.us Fax (561) 742-6298 Email: mbornstein@lantana.org
Email: boatengk@bbfl.us
SECTION 11: GOVERNING LAW.
This Agreement shall be construed in accordance
with the laws of the State of Florida and venue shall be in Palm Beach County.
SECTION 12: SEVERABILITY.
In the event any provision of this Agreement shall be
deemed to be invalid or void under any applicable law, the remaining provisions hereof shall not be
affected and shall continue in full force and effect.
SECTION 13:EFFECTIVE DATE.
This Interlocal Agreement shall take effect upon its
execution by both parties and upon being filed with the Clerk of the Circuit Court.
SECTION 14: ENTIRE UNDERSTANDING.
This Interlocal Agreement constitutes the
entire agreement between the parties. This Interlocal Agreement may be amended only in writing,
executed by both parties to this Interlocal Agreement.
SECTION 15: FILING WITH CLERK OF COURT.
This Interlocal Agreement shall be
executed in triplicate by both parties and filed for record by the Town with the Clerk of the Circuit Court
Florida Statutes.
of Palm Beach County, Florida pursuant to Section 163.01(11),
IN WITNESS WHEREOF,
the parties have hereto set their hands and seals this ______
day of ____________, 2012.
CITY OF BOYNTON BEACH TOWN OF LANTANA
________________________________ ______________________________
Lori LaVerriere, Interim City Manager Michael Bornstein, Town Manager
Attest: Attest:
________________________________ _______________________________
Janet Prainito, City Clerk Crystal Gibson, Town Clerk
(CITY SEAL) (TOWN SEAL)
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Approved as to form: Approved as to form:
_________________________________ _________________________________
James A. Cherof, Esq., City Attorney R. Max Lohman, Esq., Town Attorney
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6. O
CONSENT AGENDA
January 3, 2012
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ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R12-008 - Authorize
EQUESTED CTION BY ITY OMMISSION
Interim City Manager to execute an Agreement with MD Now Medical Centers, Inc. to provide Physician
Services for the City of Boynton Beach
ER: On November 15, 2011, the Commission authorized the Interim
XPLANATION OF EQUEST
City Manager to execute an Agreement for Physician Services with Solantic Walk-In Urgent
Care. Shortly after this authorization was provided, Solantic Walk-In Urgent Care announced it
would be closing its Boynton Beach facility on December 31, 2011.
As physician services are not subject to competitive solicitation requirements under Florida
Statutes, the Human Resources staff requested Willis of Florida, the City’s Benefits
Consultant, to negotiate with a qualified firm or physician to provide physician services,
including office space, exam rooms and equipment, for the City of Boynton Beach. Willis of
Florida negotiated acceptable terms with MD Now Medical Centers, Inc to provide these
services.
Attachments
Solantic Notice of Closure
Willis Execuitve Summary and Recommendation
Physician Services Comparison
H? This Agreement will allow the City to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
continue to provide its contractually obligated annual employee physicals as well as have a
uniform provider for conducting pre-employment physicals.
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FI: Costs for pre-employment and contractual employee (firefighter) annual
ISCAL MPACT
physicals have been included in the Adopted FY11/12 Budget.
A: Not providing authorization for the Interim City Manager to execute this
LTERNATIVES
Agreement would leave the City without a vendor to provide necessary Physician Services
effective January 1, 2012.
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RESOLUTION NO. R__-___________
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A ONE (1) YEAR PROVIDER AGREEMENT FOR
“PHYSICIAN SERVICES” WITH MD NOW MEDICAL CENTERS,
INC AS THE PROVIDER FOR PHYSICIAN SERVICES FOR ALL
NEW EMPLOYEES AND REQUIRED ANNUAL PHYSICALS FOR
FIREFIGHTERS; AUTHORIZING THE INTERIM CITY MANAGER
TO EXECUTE THE PROVIDER AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the City Commission of the City of Boynton Beach, upon recommendation of
staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into a
Provider Agreement with MD Now Medical Centers, Inc., providing for pre-employment
examinations and required annual physicals for firefighters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves the one
(1) year Provider Agreement for physician services between the City of Boynton Beach and MD
Now Medical Centers, Inc.
Section 3. The Interim City manager is hereby authorized to execute the Provider
Agreement with MD Now Medical Centers, Inc., a copy of which agreement is attached hereto as
Exhibit “A”.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of January 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
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_______________________________
Vice Mayor – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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WILLIS EMPLOYEE BENEFITS
800 Corporate Drive, #350
Ft. Lauderdale, FL 33334
Website: www.willis.com
Executive Summary
Purpose: To identify a vendor to provide physician services, including office space, exam rooms and equipment,
to the City of Boynton Beach. The City desires to establish a strong, sound and mutually beneficial relationship
with a physician or firm.
Background: The City of Boynton Beach entered into a contract for physician services with Bethesda Healthcare
System that ends December 2, 2011. By way of contract between Bethesda and Solantic, physicians’ services
are being provided to the City by Solantic at the contracted pricing between the City and Bethesda.
At the request of the Human Resources staff of the City of Boynton Beach, Willis of Florida developed an
Informal Request for Pricing for a qualified firm or physician to provide physician services, including office space,
exam rooms and equipment, to the City of Boynton Beach.
The IRFP included a Scope of Services for Firefighters, as well as Police and General Employees. The vendors
approached were asked to provide us with a breakdown of their costs for services as outlined in the Scope of
Services provided by the City.
Analysis: The IRFP was distributed by Willis on August 10, 2011.
The vendors approached are as follows: Solantic Walk-In Urgent Care, City of Delray Beach CareHere Clinic,
MedExpress Urgent Care and U.S. Healthworks.
MedExpress Urgent Care did not respond to our Request.
City of Delray Beach CareHere Clinic, U.S. Healthworks and Solantic Walk-In Urgent Care all provided pricing for
the Scope of Services, which is illustrated on the attached spreadsheet.
Solantic Walk-In Urgent Care provided the most competitive pricing, and after Willis negotiated for additional
pricing relief from Solantic, they agreed to rates that are, in most instances, equal to or lower than the current
pricing, as well as the pricing provided by each responding vendor. In addition, Solantic has agreed to a 3 year
rate guarantee, and their clinics are open from 8 a.m. to 8 p.m. seven days a week.
Recommendation: After careful review of the criteria provided by the City, and the proposals submitted by the
vendors, Solantic Walk-In Urgent Care has provided a proposal that most closely meets or exceeds the
requirements outlined in the City’s Scope of Services, and the City has been satisfied with the services provided
by Solantic.
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Update: Since Commission approval for the City of Boynton Beach to partner with Solantic Walk-In Urgent
Care, Solantic has advised Willis and the City of their intention to close down their clinics in Palm Beach County,
effective December 31, 2011.
The Human Resources staff of the City of Boynton Beach, requested assistance in securing an alternate option to
Solantic for physician services. Willis contacted MDNow to determine if they had any interest in providing said
services to the City. Willis provided MDNow with the same information that was distributed at the time of the
original IRFP on August 10, 2011. MDNow responded by providing their pricing for the services outlined in the
IRFP, which is included in the comparison attached.
Recommendation: Based on the pricing provided by MDNow, and after numerous phone conversations with
MDNow’s Medical Director, it is Willis’ recommendation that the City of Boynton Beach contract with MDNow
for Physician Services for the following reasons:
1.MDNow’s pricing, in most instances, is less costly than those of US Healthworks and in some instances
less costly than CareHere.
2.MDNow serves Boynton Beach with locations that are open 7 days per week, 12 hours per day – 8 a.m.
to 8 p.m.
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PROVIDER AGREEMENT FOR “PHYSICIAN SERVICES”
WITH MD NOW MEDICAL CENTERS, INC.
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
City”, and MD Now Medical Centers, Inc., hereinafter referred to as “the Provider,” in consideration of
the mutual benefits, terms, and conditions hereinafter specified effective January 4, 2012.
1.
PROJECT DESIGNATION. The Provider is retained by the City to perform Physician Services in
connection with the project designated.
2.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A” attached
hereto, and incorporated herein by reference, including the provision of all labor, materials,
equipment and supplies. No modifications will be made to the original scope of work without the
written approval of the City Manager or his designee.
3.TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written
notice by the City to the Provider to proceed. Provider shall perform all services and provide all
work product required pursuant to this agreement.
4.TERM: The term of this Agreement shall commence on January 4, 2012. The Agreement will be
for a period of one (1) year with an option for two (2) additional one (1) year renewals.
5.PAYMENT. The Provider shall be paid by the City for completed work and for services rendered
under this agreement as follows:
a.Payment for the work performed by Provider shall be made as outlined on Exhibit “A” attached
hereto, on an as needed basis without express written modification of the agreement signed by
the City Manager or his designee.
b.The Provider may submit invoices to the City once per month during the progress of the work for
partial payment for project completed to date. Such vouchers will be reviewed by the City, and
upon approval thereof, payment will be made to the Provider in the amount approved.
c.Final payment of any balance due the Provider 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.
d.Payment as provided in this section by the City shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e.The Provider records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of this Agreement. Copies shall be made available upon request.
6.OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other materials
produced by the Provider in connection with the services rendered under this Agreement shall be the
property of the City whether the project for which they are made is executed or not. The Provider
shall be permitted to retain copies, including reproducible copies, of documents, records, and other
materials for information, reference and use in connection with Physician’s endeavors.
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7.COMPLIANCE WITH LAWS. Provider 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.
8.INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to Provider’s own employees, or damage to property occasioned by a
negligent act, omission or failure of the Provider.
9.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this
agreement Malpractice Insurance along with comprehensive general liability insurance with a
minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and
$1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the
amount of $1,000,000 per occurrence to $2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days
prior written notice to the City. Certificates of Coverage as required by this section shall be delivered
to the City within fifteen (15) days of execution of this Agreement.
10.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an
independent contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to Provider, or any employee of Provider.
11.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the Provider to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other
than a bonafide employee working solely for the Provider, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
12.DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
13.ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
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14.NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15.TERMINATION. This Agreement may be terminated as follows:
a.By either Party for Cause (defined for purposes of this Agreement as an incurred breach of the
provisions hereof), if the terminating Party has provided the other Party with written notice of the
matter or matters constituting Cause for termination and the Party receiving such notice has not
cured such matter or matters within thirty (30) days of receipt.
b.In the event of the death of a member, partner or officer of the Physician, or any of its
supervisory personnel assigned to the project, the surviving members of the Physician hereby
agree to complete the work under the terms of this agreement, if requested to do so by the City.
This section shall not be a bar to renegotiations of this agreement between surviving members of
the Consultant and the City, if the City so chooses.
16.DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
17.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attention: Julie Oldbury, Director of Human Resources
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
MD Now Medical Centers, Inc.
2272 N. Congress Avenue
Boynton Beach, Florida 33426
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18.INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Provider and supersedes all prior
negotiations, representations, or agreements written or oral. This Agreement may be amended only
by written instrument signed by both City and Provider.
DATED this _____ day of ________________________________________, 20_____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
City Manager MD Now Medical Centers
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
“EXHIBIT A”
SCOPE OF SERVICES
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City of Boynton Beach
2012-2013 Professional Services and Fees MD Now Medical Centers, Inc.
FIREFIGHTER SERVICES
A. Drug & Alcohol Testing - 10 panel $35
B. Fire Department Annual Physicial $100
C. Fire Department Annual Physicials (with Stress Test) $275 or $350 w/echocardiogram
C1. Fire Department Annual Physicials (without Stress test) $100
D. Firefighter New Hire Evaluation (with Stress test) $275 or $350 w/echocardiogram
D1. Firefighter New Hire Evaluation (without Stress test) $100
E. Firefighter Testing for Infectious Disease $75
F. Fire Rescue Fitness Evaluation (Wellness Program) $95
Additional Testing Services PPD $15
Chest X-ray (as needed) $50 (1 view) / $70 (2 views) with interpret.
Drug Test (10 panel) $35
Tetanus (as needed) $40
Hepatitis B Series (as needed after hire) $60 each/$180 for series of 3
Hepatitis B Booster (as needed) $60
Hepatitis A Series (for Technical Rescue and Dive Team) $90 each/$180 for series of 2
Titers (quantitative) $25 each
CRP Blood Test (when cardiac risk factors indicate) $25
PSA (males over 40) $25
Stress Test $175 or $250 w/echocardiogram
Flu Shot $20
POLICE AND GENERAL EMPLOYEES
A. Drug & Alcohol Testing - 10 panel $35
B. Flu Shots $20
C. Police Officer New Hire Evaluation $100
D. General Employees new hire pre-employment exam $65
E. Police Testing for Infectious Disease $75
Additional Testing Services PPD $15
Chest X-ray (as needed) $50 (1 view) / $70 (2 views) with interpret.
Drug Test (10 panel) $35
Tetanus (as needed) $40
Hepatitis B Series (as needed after hire) $60 each/$180 for series of 3
Hepatitis B Booster (as needed) $60
Hepatitis A Series (for Technical Rescue and Dive Team) $90 each/$180 for series of 2
Titers (quantitative) $25
CRP Blood Test (when cardiac risk factors indicate) $25
Stress Test $175 or $250 w/echocardiogram
Flu Shot $20
Lead Testing for Range Instructors Only $20
PSA (males over 40) $25
Rate Guarantee 2 years
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7. A
BIDS AND PURCHASES OVER $100,000
January 3, 2012
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ETTLEMENTS
RACC:Award the Bid for "THE PURCHASE OF UNIFORMS -
EQUESTED CTION BY ITY OMMISSION
TWO YEAR CONTRACT" Bid # 015-1412-12/MFD to Special Products Group, who met all
specifications. The estimated annual expenditures is $134,000, with all items purchased on an as-
needed basis.
: JANUARY4,2012–JANUARY3,2014
BIDTERMPERIOD
ER:
On December 8, 2011, Procurement Services opened and tabulated five
XPLANATION OF EQUEST
(5) bids for The Purchase of Uniforms (i.e. trousers, shorts, work shirts, vests, jumpsuits, etc.). All bids
were reviewed by the Warehouse Manager. One vendor, Dana Safety did not have the required
location in Palm Beach County and was therefore deemed as non-responsive. It is recommended to
.
award the bid in whole to Special Products Group
The term of the bid is for a two (2) year period with the City’s option to renew for two, one (1) year
extensions. The award is based on category of uniform by employee separated into three groups
(Police, Fire and General Employees). Based on price and type of uniforms, the following numbers of
items are the lowest:
(PD = Police / F = Fire / G = General Employee)
PDFGTotal
Dana Safety *
0 0 0 0
Designlab 2 1 0 3
Global Trading**
1 1 2 4
JR Manno 2 1 1 4
Special Products 10 4 2 16
Total Bid Items 15 7 5 27
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*Note: Dana Safety Supply did not have a location in Palm Beach County and therefore do not meet
specifications.
**Note: Items 6,7,8,9,10,12,27 were not awarded to Global Trading because the type of items quoted
did not meet bid specifications.
Being that Special Products Group was the lowest bidder for the majority of items pertaining to Police
and Fire, and tied for General Employee, it is recommended to award all items to Special Products
Group.
By selecting one vendor it saves man hours on tracking, checking and following up on orders. All items,
with the exception of items # 5 and # 22, are not stocked inventory. They are ordered when requested
by the departments. (Special Products Group was the lowest vendor on item # 5 and item # 22.) One
location for all non-stocked uniforms helps streamline the process and makes it easier.
In addition, Special Products Group quoted:
25% off list discount on various manufacturers for Police & Fire gear and accessories; and
25% off list price for items not listed on in the bid.
Last year’s expenditures were $127,499.60 and the previous year’s were $140,914.50. This year’s
expenditures will be an estimated $134,000.
H?
The purpose of this bid is to establish a contract
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
for the purchase of uniforms and accessories for the Police and Fire Departments and the General
Worker.
FI:
Funds are included in FY2011-12 Budget under individual departments/divisions for
ISCAL MPACT
these purchases.
A:
Obtain quotes on an “as needed” basis which would not be cost effective.
LTERNATIVES
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
Tim Howard, Deputy Director of Financial Services
TO:
FROM:
Michael Dauta, Warehouse Manager
DATE:
December 12, 2011
SUBJECT:
Uniform Bid # 015-1412-12/MFD
I reviewed the proposals sent from your office. The evaluating factors used were A) Pricing B) Brand C)
Type of Uniforms. My recommendation is a sole award to Special Products Group.
Last year’s expenditures were $127,499.60 and the previous year’s were $140,914.50. This year’s
expenditures will be an estimated $134,000.
The award is based on category of uniform by employee. Which are separated into three groups (Police,
Fire and General Employees.)
Based on price and type of uniforms the following number of items are the lowest:
(PD = Police / F = Fire / G = General Employee)
PDFGTotal
Dana Safety *
0 0 0 0
Designlab 2 1 0 3
Global Trading**
1 1 2 4
JR Manno 2 1 1 4
Special Products 10 4 2 16
*Note: Dana Safety Supply did not have a location in Palm Beach County and therefore do not meet
specifications.
**Note: Items 6,7,8,9,10,12,27 were not awarded to Global Trading because we asked for 5.11 uniforms
and they offered Tru-Spec.
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Being that Special Products Group is the majority in Police and Fire, and tied for General Employee, it
is recommended to award all items to Special Products Group.
By going with one vendor it saves man hours on tracking, checking and following up on orders. All
items, with the exception of items # 5 and # 22, are not stocked inventory. They are ordered when
requested by the departments. (Special Products Group was the lowest vendor on items # 5 and # 22.)
One location for all non-stocked uniforms helps streamline the process and makes it easier.
In addition, the following is a %off list price from Special Products Group for items not listed on bid.
Cairns 25%
Bianchi 25%
Blackhawk 25%
Safariland 25%
Gould and Goodrich 25%
Blackington 25%
5.11 25%
Mixon 25%
Bayly 25%
Magnum 25%
Rockey 25%
Bates 25%
Original Swat 25%
Thorogood 25%
Tru-Spec 25%
Under Armor 25%
Blauer 40%
Additional Discount for items not listed on bid 25%
CC: Barry Atwood, Director of Finance
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7. B
BIDS AND PURCHASES OVER $100,000
January 3, 2012
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ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R12-009 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize the Interim City Manager to execute an Agreement with Caler, Donten, Levine, Porter & Veil,
P.A. of West Palm Beach, FL for Financial Auditing Services for the City of Boynton Beach for the fiscal
years ending 09/30/11, 09/30/12, 09/30/13, 09/30/14 and 09/30/15 with audit fees for each fiscal year of
$96,650, $98,580, $100,550, $102,560 and $104,600, respectively. RFP #001-1410-12/TWH
ER: On December 12, 2011, the City opened and tabulated nine (9)
XPLANATION OF EQUEST
proposals to our RFP #001-1410-12/TWH for a “Five Year Contract for Financial Auditing
Services”. An Audit Committee was approved by the City Commission on October 18, 2011
comprised of the Director of Financial Services, Deputy Director of Financial Services and
Budget Manager for the purpose of reviewing proposals and recommending a CPA firm to
conduct the annual audit of the City’s financial statements.
The Audit Committee evaluated the proposals, including compensation as one of the factors.
The Committee ranked the proposals, individually, based on evaluation criteria outlined in the
RFP. The Committee met on December 14, 2011 to discuss their scoring and ranking of the
proposals. Each member’s scores were tabulated and averaged to arrive at the final score for
each firm and the final overall ranking. The Committee’s top three (3) ranked proposals are:
1. Caler, Donten, Levine, Porter & Veil, P.A. 96
2. Grau & Associates 92
3. Nowlen, Holt & Miner, P.A. 90
The Committee’s recommendation is to award the contract Agreement to Caler, Donten,
Levine, Porter & Veil, and P.A. as the highest-ranked qualified firm.
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H? The purpose of this RFP was to seek the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services of an independent certified public accounting firm to provide external independent
auditing services to the City for a period of five (5) years beginning with an audit of the financial
statements of the City for the fiscal year ending September 30, 2011. The auditor will express
an opinion on the fair presentation of the City’s financial statements as a result of the annual
audit. In addition, they will perform a single audit, if required, on federal and state grants
received by the City. The Auditor General of the State of Florida requires an annual audit be
performed each year.
FI: The City’s FY 2011-12 adopted budget includes sufficient funding for the initial
ISCAL MPACT
year of this Agreement. Subsequent years’ fees will be included in the appropriate budget
cycles. The total cost for the five (5) years is $502,940. Compensation for the audits for each
year shall be as follows:
FYE 09/30/11 - $ 96,650
FYE 09/30/12 - $ 98,580
FYE 09/30/13 - $ 100,550
FYE 09/30/14 - $ 102,560
FYE 09/30/15 - $ 104,600
$ 502,940
Previous fiscal years’ audit fees were
FYE 09/30/10 - $105,000
FYE 09/30/09 - $102,000
A: In accordance with F.S. 218.391 (4) (b) since compensation was one of the
LTERNATIVES
factors used by the Committee in evaluation of proposals, the governing body shall select the
highest-ranked qualified firm or must document in its public record the reason for not selecting
the highest-ranked qualified firm.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD AND AUTHORIZING
THE INTERIM CITY MANAGER TO EXECUTE A FIVE (5)
YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES
WITH CALER, DONTEN, LEVINE, PORTER & VEIL, P.A.,
FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2011,
2012, 2013, 2014 AND 2015; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
on December 12, 2011, Procurement Services opened and tabulated nine (9)
proposals to the RFP #001-1410-12/TWH for a “Five Year Contract for Financial Auditing
Services”; and
WHEREAS,
after review and evaluation by the audit committee which was appointed by the
City Commission on October 18, 2011, it has been determined appropriate by staff to recommend
award of this RFP to Caler, Donten, Levine, Porter & Veil, P.A., of West Palm Beach, Florida as the
highest ranked qualified firm; and
WHEREAS
, upon recommendation of staff, the City Commission of the City of Boynton
Beach does hereby approve the award of RFP #001-1410-12/TWH to Caler, Donten, Levine, Porter
& Veil, P.A., of West Palm Beach, Florida.
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 five (5) year contract for Financial Auditing Services to Caler, Donten, Levine, Porter
& Veil, P.A., for services for the fiscal years ending September 30, 2011, 2012, 2013, 2014 and
2015.
Section 3. That the Interim City Manager is hereby authorized and directed to execute a
Contract between the City of Boynton Beach and Caler, Donten, Levine, Porter & Veil, P.A., a copy
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of which is attached hereto.
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of January, 2012.
CITY OF BOYNTON BEACH
___________________________
Mayor – Jose Rodriguez
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner – Woodrow L. Hay
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONSULTANT AGREEMENT FOR
“FIVE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES”
THIS AGREEMENT, ENTERED INTO THIS _____ DAY OF , 2012, BETWEEN THE CITY OF
BOYNTON BEACH, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, HEREINAFTER REFERRED
TO AS THE “CITY”, AND CALER, DONTEN, LEVINE, PORTER & VEIL, P.A., A FLORIDA CORPORATION,
AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, HEREINAFTER REFERRED TO AS THE
“AUDITOR”.
1. SCOPE OF EXAMINATION:
(a)The AUDITOR will audit the CITY’S general purpose financial statements in
accordance with generally accepted auditing standards, Section 11.45, Florida
Statutes, and Chapter 10.550 of the rule of the Auditor General.
(b)The scope of the audit shall include all entities operating under the CITY and all
audits now required by State and Federal authorities, including those under the
Single Audit Act of 1984 (compliance audits).
(c)The financial and compliance audits shall be in accordance with all State and
Federal laws and regulations relating to audit standards, requirements and
guidelines.
2. TERM:
The term of the agreement shall be for the period of five (5) years to cover the
fiscal years September 30, 2011, September 30, 2012, September 30, 2013,
September 30, 2014 and September 30, 2015, with one (1) additional one-
year renewal at the same terms, conditions, and prices, subject to vendor
acceptance, satisfactory performance and determination that renewal will be in
the best interest of the City
3. TIMING OF THE WORK:
(a)AUDITOR shall use reasonable efforts, subject to laws, regulations and
professional standards applicable to complete the services required in accordance
with dates to assure completion for the Comprehensive Annual Financial Report
(CAFR) for meritorious review, but no later than the time allocated by Section
11.45 Florida Statutes and Chapter 10.550 of the rules of the Auditor General.
(b)CITY understands that the proper and timely completion of AUDITOR’S services
hereunder require the reasonable cooperation of CITY, its agencies, and their
respective officers, directors, employees, other personnel and agents. CITY agrees
to provide all such reasonable cooperation requested by AUDITOR and agrees to
be responsible for the performance of the officers, directors, employees, other
personnel and agents of the CITY and its agencies. Failure to provide the
assistance agreed to by the AUDITOR and CITY at the commencement of or
during audit field work shall be cause for extension of deadlines and/or additional
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compensation to the AUDITOR at the average hourly rate stipulated in the
contract.
(c)AUDITOR may make reasonable use of CITY data processing facilities to
perform testing and sampling techniques in connection with the audit, with the
realization that data personnel must be given consideration to effectively perform
day-to-day requirements.
4. COMPENSATION:
(a)Compensation for the audits, as defined in Section 1, shall be as follows:
FYE 09/30/11 Audit $ 96,650.00
FYE 09/30/12 Audit $ 98,580.00
FYE 09/30/13 Audit $ 100,550.00
FYE 09/30/14 Audit $ 102,560.00
FYE 09/30/15 Audit $ 104,600.00
(b)AUDITOR will invoice the CITY for work performed under this agreement for Fiscal
Year 2011 and each succeeding year on the basis of the percentage of the work
completed. AUDITOR’S final invoice shall indicate the distribution of the total fee
to the various fund accounts as requested by the Finance Department. It is expressly
understood that any incidental or out-of-pocket costs incurred by AUDITOR are
covered by the total compensation and are not to be billed separately.
Invoices received from the AUDITOR pursuant to this agreement will be reviewed
and approved by the Finance Department, indicating that services have been rendered
in conformity with the agreement.
5. CHANGES IN SERVICES:
CITY and AUDITOR recognize that the scope of services and compensation under this agreement
are predicated upon current audit requirements imposed by laws, regulations and
professional standards relating to such services. CITY and AUDITOR further recognize that the
scope of services and compensation under this agreement are predicated upon
expectations of reasonable cooperation with AUDITOR by CITY pursuant to this agreement,
and the absence of any irregularities or extraordinary circumstances which might
necessitate the extension of audit services beyond the normal scope of auditing services.
Should irregularities, the absence of such reasonable cooperation, increase in the level of services
required under applicable law, regulations or professional standards, or other unforeseen
conditions be encountered which might necessitate the extension of auditing work beyond
the scope of normal auditing procedures, AUDITOR agrees to advise CITY promptly in writing
of the circumstances and to request an equitable adjustment in the maximum fee before
significant additional time is incurred by AUDITOR. Any such requests for adjustments shall be
in writing and shall contain a detailed explanation of why the adjustments are necessary.
CITY and AUDITOR agree to negotiate in good faith to determine an equitable adjustment
in the maximum fee. Should CITY and AUDITOR be unable to agree upon an equitable
adjustment within 14 days of AUDITOR’S written request, or such other tie period as agreed
upon in writing by CITY and AUDITOR, either party may, notwithstanding any other
provision in the agreement, terminate this agreement upon seven (7) days notice to the other
party. CITY shall be liable for time charges actually incurred by AUDITOR except for any
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such additional time which has been included as a result of the circumstances necessitating
adjustment.
6. ADDITIONAL SERVICES:
In the event that the CITY and AUDITOR mutually agree that AUDITOR will provide
additional services, the terms and total fee will be negotiated separately for each proposed
project.
7. CONSULTATION WITH AUDITOR GENERAL AND COGNIZANT AGENCY:
CITY expressly permits AUDITOR to consult with the Auditor General of the State of Florida and the
federally designated “Cognizant Agency” on any matter pertaining to the Audit which, in
the judgment of the AUDITOR, would be important to the conduct of its audit or its report on
the results hereof.
8. TRUTH-IN-NEGOTIATION CERTIFICATE:
Signature of this agreement by the AUDITOR shall act as the execution of truth-in-
negotiation certificate certifying that the estimated time charges and expense used to
determine the compensation provided for in this agreement are accurate, complete and
current as of the date of this agreement.
FIELD WORK:
For the first year of the engagement, planning of the audit field work should commence
immediately after the execution of this professional services agreement. AUDITOR shall use
reasonable efforts, subject to laws, regulations and professional standards applicable to the
services hereunder to complete the field work at such time necessary to meet the timing
requirements.
PREPARATION OF FINANCIAL STATEMENTS
:
(a)The statements to be audited will be prepared by Financial Services Department
in accordance with generally accepted accounting principles. AUDITOR will
submit any proposed adjusting journal entries to the Financial Services
Department for approval in a timely manner.
(b)CITY understands and agrees that the underlying books and records of account
must be properly closed as required by Florida Statutes to maintain the
independence of the AUDITOR and allow the AUDITOR reasonable time to meet
the completion dates of the audit.
(c)AUDITOR will publish CITY’S Comprehensive Annual Financial Report using
the CITY’S format and provide thirty (30) bound copies for distribution and a .pdf
file that can be used for electronic submission.
SUPPORT PERSONNEL:
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Throughout the audit engagement, support personnel will be made available by CITY
to provide assistance for tasks, such as identifying locations of required records and
documentation and gathering needed records and supporting information, with the realization
that support personnel must be given consideration to effectively perform day-to-day
requirements.
CANCELLATION OF AGREEMENT
:
Either CITY or AUDITOR may cancel this agreement for fiscal years subsequent to
the first year of this agreement by written notice to the other party given not later than seven
(7) calendar months (February 28) prior to the end of the fiscal year next subject to audit.
The parties agree that such cancellation on its part shall be only for cause and after
appropriate discussion with the other party.
Notwithstanding the foregoing paragraph of this section, AUDITOR may resign or
CITY may terminate AUDITOR as CITY’S auditor and terminate this agreement at any time
as required in accordance with the laws, regulations and professional standards applicable to
the type of services provided under this agreement.
EXCUSABLE DELAYS
:
The AUDITOR shall not be considered in default by reason of any failure in
performance if such failure arises out of causes reasonably beyond the AUDITOR’S control
and without its fault or negligence. Such causes may include, but are not limited to: acts of
God; the CITY’S omissive and commissive failure; natural or public health emergencies;
labor dispute; and severe weather conditions.
CONTINGENT FEES:
14.
The AUDITOR warrants that it has not employed or retained any company or person
to solicit or secure this agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm, other that a bona fide employee working solely for
the AUDITOR, any fee, commission, percentage, gift, or any other consideration contingent
upon or resulting from the award or making the agreement.
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NON-DISCRIMINATION:
The AUDITOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, sex, age, or national origin.
INDEPENDENT CONSULTANT RELATIONSHIP
:
The AUDITOR is, and shall be, in the performance of all work services and activities under
this agreement, an Independent Contractor, and not an employee, agent, or servant of the
CITY. All persons engaged in any of the work or services performed pursuant to this
agreement shall, at all times and in all places, be subject to the AUDITOR’S sole direction,
supervision and control.
The AUDITOR shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects, the AUDITOR’S relationship and the
relationship of its employees to the CITY shall be that of an Independent Contractor and not
as employees or agents of the CITY.
The AUDITOR does not have the power or authority to bind the CITY in any promise,
agreement or representation other than specifically provided for in this agreement.
SEVERABILITY:
If any term or provision of this agreement, or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
agreement or the application of such terms or provisions, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this agreement shall be deemed valid and enforceable to the
extent permitted by law.
ENTIRETY OF CONTRACTUAL AGREEMENT
:
The CITY and the AUDITOR agree that this agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed
by the parties hereto.
AMENDMENTS AND MODIFICATIONS
:
No amendments and/or modifications of this agreement shall be valid unless in writing and
signed by each of the parties.
NOTICE:
All notices required in this agreement shall be considered delivered when received by
certified mail, return receipt requested, or personal delivery and if sent to the CITY, shall be
mailed to:
E. Barrett Atwood, Sr., Director
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Financial Services Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
and if sent to the AUDITOR, shall be mailed to:
Firm Caler, Donten, Levine, Porter & Veil, P.A.
Contact Scott L. Porter
Address 505 South Flagler Drive, Suite 900
West Palm Beach, FL 33401
AUDITOR’S PROPRIETARY INFORMATION AND WORKPAPERS:
All work papers of AUDITOR shall remain the property of AUDITOR. In addition, to the
extent that AUDITOR utilizes any of its property (including, without limitation, any
hardware or software of AUDITOR or any proprietary or confidential information or trade
secrets of AUDITOR) in performing the services hereunder, such property shall remain the
property of AUDITOR and the CITY shall acquire no right or interest in such property.
INDEMNIFICATION:
Consultant shall indemnify, defend and hold harmless the City, its offices, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to Consultant’s own employees, or damage to property occasioned
by a negligent act, omission or failure of the Consultant during the time period this contract
is in effect.
INSURANCE:
The AUDITOR shall obtain all insurance required by the CITY as shown on Attachment ‘A’
which becomes a part of this agreement. The insurance must remain in force throughout the
terms of this agreement.
WHEREFORE, THE PARTIES HAVE SIGNED THIS AGREEMENT ON THE DATE FIRST ABOVE WRITTEN.
CITY OF BOYNTON BEACH
_________________________ ______________________________
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City Manager Auditing Firm
Attest/Authenticated: ______________________________
Title
__________________________ (Corporate Seal)
CITY CLERK
Approved as to Form: Attest/Authenticated:
_________________________ ___________________________
Office of the City Attorney Secretary
PALM BEACH COUNTY INSPECTOR GENERAL
ACKNOWLEDGMENT
The Contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this contract, and
in furtherance thereof may demand and obtain records and testimony from the Contractor and
its subcontractors and lower tier subcontractors.
The contractor understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of the Contractor or its subcontractors or lower tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed
by the municipality to be a material breach of this contract justifying its termination.
_______________________________
CONTRACTOR NAME
By_____________________________
Title: ___________________________
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Date: ___________________________
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7. C
BIDS AND PURCHASES OVER $100,000
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-010 - Approve the
EQUESTED CTION BY ITY OMMISSION
piggy-back of Manatee County RFP #11-1065FL with Siemens Water Technologies for ODOR AND
CORROSION CONTROL SERVICES with an anticipated expenditure of approximately $200,000
ER: The City of Boynton Beach Water Utilities Department utilizes
XPLANATION OF EQUEST
Hydrogen Peroxide to control Hydrogen Sulfide (HS) by dosing the chemical at various lift
2
stations within the wastewater collection system. The HS is used both to control odor and also
2
to inhibit corrosion in the sanitary sewer collection system. The Utilities Department will be
utilizing the Manatee County RFP #11-1065FL to purchase the chemical and supporting
analysis from Siemens Water Technologies. The County contract complied with the competitive
bid requirements and is equal to or exceeds the requirements of the City of Boynton Beach.
The existing agreement expired at the end of December 2011 and has been replaced by this
new agreement which continues through November 2012 with an option for 4 additional 1 year
extensions upon approval by the board of Commissioners of Manatee County. The cost for the
chemical including the support services to monitor the system performance is .39 cents per
pound.
H? Odor control is an important function of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the operation of the wastewater collection and pumping system to minimize any adverse
environmental issues for customers living or operating in proximity to our pumping stations.
Failure to do so will result in potential air quality issues.
FI: Our expenditure history is as follows
ISCAL MPACT
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FY 2008/2009 - $214,648.65
FY 2009/2010 - $234,901.14
FY 2010/2011 - $194,600.00
A:
LTERNATIVES
Siemens Water Technologies was the only vendor responding to the recent RFP by Manatee
County. The Utility Department has been evaluating other potential chemicals or treatment
processes but to date has not found an acceptable alternative.
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RESOLUTION NO. R-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE PIGGY-BACK OF THE MANATEE
COUNTY RFP #11-1065FL WITH SIEMENS WATER TECHNOLOGIES CORP.,
FOR ODOR AND CORROSION CONTROL SERVICES WITH AN ANTICIPATED
ONE YEAR EXPENDITURE OF APPROXIMATELY $200,000.00; PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the Boynton Beach Utilities Department uses hydrogen peroxide to control
odor and inhibit corrosion in the sanitary sewer collection system; and
WHEREAS
, the City is currently piggy-backing a contract that Siemens has in place with
Manatee County which expires at the end of December 2011 and will be replaced by this new
Agreement which shall continue through November 2012 with an option for 4 additional 1 year
extensions; and
WHEREAS
, the City of Boynton Beach Utilities Department desires to piggy-back the
Manatee County RFP #11-1065FL with Siemens Water Technologies for Odor and Corrosion
Control Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City Of Boynton Beach, Florida, hereby
approves the piggy-backing of the Manatee County RFP #11-1065FL with Siemens Water
Technologies Corp for the Odor and Corrosion Control Services with an anticipated one-year
expenditure of approximately $200,000.00.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this _____ day of January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
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______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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7. D
BIDS AND PURCHASES OVER $100,000
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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. R12-011 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize the Interim City Manager to sign Amendment No. 2 to amend the scope of services for Task
Order #U07-20-01 with Wantman Group, Inc. for the Regional Force Main and Lift Station at Pence Park
project
ER: In 2007, the City issued Task Order U07-20-01 to Wantman Group,
XPLANATION OF EQUEST
Inc. under the Utilities Department’s General Consulting and Engineering Services Contract to
provide design related services for an alternate force main on the east side of the City to the
South Central Regional Wastewater Treatment Plant and for a new wastewater lift station at
Pence Park.
Wantman Group completed the design in 2008 which included two (2) separate sets of plans:
(1) the force main pipeline sections and (2) the Lift Station at Pence Park. The projects were
to be bid and constructed independent of one another, but were considered as constituent
projects that were interdependent upon one another.
In late 2008, the City issued Amendment No. 1 to Task Order U07-20-01 to Wantman Group
for construction related services, which split the work into three construction contracts: (1)
Force Main Open Cut (OC) sections, (2) Force Main Jack and Bore (J&B) sections, and (3) the
Lift Station at Pence Park. During the development of Amendment No. 1, it was assumed that
two of the three construction periods would overlap, and the contract time for all three
contracts was assumed to be a total of eighteen (18) months. This provided a significant
economy of scale by constructing two portions of the work concurrently.
However, the actual construction of the Force Main Open Cut and Jack and Bore phases of
the force main project took longer than originally anticipated which resulted in additional
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manhour expenditures for Wantman Group. Furthermore, the City received a bid protest
during the award of the construction contract for the Lift Station at Pence Park, and all bids
were ultimately rejected. Due to these circumstances, Wantman Group can no longer provide
their services for their original fee since the construction of the Force Main Open Cut and
Pence Park Lift Station did not occur concurrently and the economy of scale has been lost.
The Utilities Department and Wantman Group have developed a revised scope of services to
the Task Order which addresses the additional manhours that were required for the Force
Main Open Cut and Jack and Bore portions of the work and services for the rebidding the Lift
Station at Pence Park project. Since the original General Consulting and Engineering Services
Contract has expired, the City intends to issue a separate Request for Qualifications (RFQ) to
obtain the services of a consulting engineer to provide Construction Management services for
the construction phase of the Lift Station at Pence Park project.
Since Wantman Group is the design engineer and Engineer of Record (EOR) for the project,
the City must retain Wantman Group to oversee design impacts and answer design-related
questions that may arise during the construction phase on an as-needed basis (time and
material with a not to exceed amount). The revised scope outlined in Amendment No. 2
identifies these specific services as part of Task 3.
H? The construction of the Lift Station at
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Pence Park will improve the operational flexibility of the Utilities Department’s wastewater
pumping system. The Lift Station is designed to pump wastewater through the new force main
from the Lift Station at Pence Park to the South Central Regional Wastewater Treatment Plant.
If a shut down of the existing force main along Congress Avenue is required in the future, the
wastewater flow will be redirected through the new force main.
FI: The following is a breakdown of the amended Task Order funding:
ISCAL MPACT
Task 1 – Manhour Adjustment for OC and J&B $ 89,490 (Lump Sum)
Task 2 – Rebidding Services $ 14,660 (Lump Sum)
Task 3 – EOR Services During Construction $ 32,500 (Time & Material)
$136,650
The CIP has funds available for these services in Utilities Account No. 403-5000-590-96-03
SWR114. The remaining balance of $136,666.11 on Wantman Group’s Purchase Order is
sufficient to cover the amended Task Order funding, and no increases to the Purchase Order
are required.
A: Reject Wantman Group’s request for additional compensation for the Force
LTERNATIVES
Main Open Cut and Jack and Bore portions of the project. Since Wantman Group is the
design engineer and Engineer of Record (EOR), the City must retain Wantman Group to rebid
the Lift Station at Pence Park project and answer design-related questions that may arise
during the construction phase.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING EXECUTION BY THE INTERIM CITY MANAGER OF AMENDMENT NO.
2 TO TASK ORDER NO. U07-20-1 WITH WANTMAN GROUP, INC., TO AMEND THE
SCOPE OF SERVICES FOR THE REGIONAL FORCE MAIN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
The City Commission approved Task Order #U07-20-1 on February 20, 2007, for
the Wantman Group, Inc., to provide professional design, permitting and bidding services for the
Regional Force Main Project; and
WHEREAS,
Amendment No. 1 to Task Order #U07-20-1 was issued in 2008 which split the
work into three construction contracts; and
WHEREAS
, the City and the Wantman Group, Inc. have developed a revised scope of services t
the Task Order which addresses the additional manhours that were required for the Force Main Open
Cut and Jack and Bore portions of the work and services for the rebidding of the Lift Station at Pence
Park project; 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 execution of Amendment No. 2 to Task Order No. U07-20-1 with the Wantman Group, Inc., to
amend the scope of services.
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 execution by the Interim City Manager of Amendment No. 2 to Task Order No. U07-
20-1 with the Wantman Group, Inc., to amend the scope of services for the Regional Force Main
Project, a copy of which is attached hereto as Exhibit “A”.
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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12. A
NEW BUSINESS
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RACC:Approve request by Lake Worth Christian School to hold a
EQUESTED CTION BY ITY OMMISSION
fundraising carnival on school property. Applicant: Jim Adams/Bob Hook for LWCS.
ER: Representatives for the Lake Worth Christian School have
XPLANATION OF EQUEST
submitted an application for special events to allow the school to hold its 3rd annual
fundraising carnival on the school campus located at 7592 High Ridge Road, within a
residential zoning district. This upcoming event would be similar to the prior events held in
2010 and 2011, again featuring amusement rides, carnival games and various food and non-
alcoholic beverage concessions. The application indicates that music is not provided. The
rdth
event is scheduled to be conducted on February 23 (6pm to 10pm), February 24 (6pm-12
th
midnight), and February 25 (12 noon to 12 midnight).
The subject application is again being reviewed as a special event; however, recall that staff
has previously forwarded this item to the Commission given its potential conflict with zoning
regulations. Until December of 2010 when the new LDR was adopted, the zoning regulations
only allowed “carnivals” within the M-1 zoning district. Although the zoning code is intended to
regulate principal uses, and not necessarily temporary events, staffs interpretation is that a
special event should not conflict with the general zoning provisions, particularly given that
special events are approved administratively. Although the new LDR changed the provisions
applicable to carnivals, omitting the use “Carnivals” and substituting it with a new general use
category called “Outdoor Entertainment”, the uses that fall under this general group heading
would only be allowed in the C-3 and PCD Zoning Districts. Further, such uses would require
conditional use approval and must be at least 1,000 feet from a residential use.
Again, staff supports the approval of this temporary event, and only recommends that the
approval be conditioned upon the requirement that no general carnival employees would stay
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overnight on the school campus. Late evening disturbances from the carnival workers
generated a compliant from nearby residents during the first event in 2010.
The Commission is also requested to advise staff whether the current process of approving
such unique events should continue, or whether it is desired that such uses be handled
administratively through the current special events process. Staff will then consider and
propose any code amendments necessary to facilitate the desired process.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: Not approve subject request.
LTERNATIVES
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12. B
NEW BUSINESS
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RACC:Discuss adoption of a resolution supporting Police and Fire
EQUESTED CTION BY ITY OMMISSION
Pension Reform.
ER: One of the top legislative priorities for the Florida League of Cities
XPLANATION OF EQUEST
is the reform of the City Police Officer and Firefighter Pension Plans and Disability
Presumptions to make the pensions sustainable, sound and secure. The Florida League of
Cities is urging municipalities to let their legislators know that their city supports Florida House
Bill (HB) 365 and Florida Senate Bill (SB) 910. Attached are two sample resolutions (a long
and short version) for consideration, along with some key message points on the issue.
H? Not applicable at this time.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: Not applicable at this time.
ISCAL MPACT
A: Not to discuss possible adoption of resolution.
LTERNATIVES
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Key Messages to Communicate to Public
Safeguarding municipal pensions is a critical issue for Florida’s 410 cities, towns and villages.
Politically driven police and fire fighter pension mandates imposed on municipalities by lawmakers in
Tallahassee are driving costs up and increase the potential for misuse of the system.
The current taxpayer-funded pension structure is broken. It is unstable, unsustainable and unreliable for
future police officers and firefighters. The time has come to fix the system by implementing responsible
reform that protects pensions for the future.
The pension issue is incredibly complicated. It is important to communicate the concerns of Florida’s
municipalities in a way that is easy for people to understand and framed appropriately to win the public
policy debate.
Under the umbrella “pension reform now” message, key supporting message
elements include:
1. Respect work of police officers and firefighters -- and protect taxpayers.
2. Identify how the current pension system is unsustainable, unsound and unsustainable.
3. Support responsible reforms to protect pensions so they will be there for future generations
of police officers and firefighters and safeguard taxpayer dollars.
This messaging approach is supported by scientific research that shows when it comes to police and
firefighter pensions, Floridians are most concerned by issues related to disability determination and
those who retire and make a large sum of money at an early age.
Research shows our most effective messages must communicate support for these key elements:
Enacting responsible reforms to protect pensions for future generations.
Closing loopholes that increase potential for misuse of the system.
These are the strongest points to make to win the debate and bring people to our side of the issue.
In this messaging, we are positioned to be advocates for responsible pension reform that puts the system
on a more stable footing for the future.
we support well-deserved pensions for police and firefighters that are sound,
The bottom line is,
secure and sustainable – not only for current officers and firefighters, but for those who choose to
protect and serve in the future
.
Pension Reform Now: Key Message Points
Umbrella Message
We need pension reform now and support making responsible changes so good sound,
secure and stable pensions will be there for current and future police and firefighters who
step up and answer the call to protect and serve our communities now and in years to
come.
Supporting Message Statements
Responsible Pension Reform Honors Police and Firefighters’ Service
We all deeply honor and respect the service provided by police officers and firefighters. That’s
why current and future officers and firefighters deserve a pension system that is sound,
sustainable and reliable.
We appreciate the work police and firefighters do but when it comes to their pensions, here are
the facts:
The current police and firefighter pension system is full of Tallahassee mandates that
o
unsustainable, unstable and unreliable
have helped make it .
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breaking the bankhurting
Police and firefighter pensions are in many communities and
o
service delivery
.
Taxpayers deserve to know that their hard-earned tax dollars are not creating inflated
o
windfall lifetime annuities.
I Support Responsible Pension Reform to Protect Pensions for Current and Future
Generations.
protects local taxpayers and ensures good pensions
I support responsible pension reform that
will be available for current and future generations
of police officers and firefighters. Police
and firefighter families are taxpayers, too. They also deserve to have a pension plan that is
sound, stable and sustainable
, and benefits should be available to those who truly suffer in the
line of duty illnesses.
Pension Reform Protects Local Taxpayers
We’ve all worked hard to tighten our belts and ensure every taxpayer dollar local government
is so critical to protecting your hard-earned tax
receives is wisely spent. Responsible reform
dollars
.
broken
The current pension system is and must be fixed.
It allows some police officers or firefighters to retire early and make more than $80,000 a
o
year … before they turn 50.
It allows officers and firefighters with active lifestyles to claim disability and retire early
o
while collecting full benefits – some even draw disability and leave service to take other
physically demanding jobs.
It automatically assumes a police officer with high blood pressure or a breathing
o
condition contracted that illness on the job and allows them to retire early on disability –
even if the cause of the illness is due to family history or their lifestyle and not their job.
responsible pension reform reign in unchecked
To protect local taxpayers, is needed now to
benefit growth, and put police and firefighter pensions on a strong, secure and sustainable
footing for the future
.
Local government is the government closest to the people – and the one taxpayers trust the most.
allows local government – not Tallahassee – to determine
We need pension reform that
salaries and benefits for police and firefightersrespect home rule
. Let’s and allow cities to
deal with local problems locally
.
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Long Version Specific to HB 365 and SB 910:
Draft Resolution on Police and Firefighter Pension and Disability Presumption Reforms
2011-________
A RESOLUTION OF THE [CITY/TOWN/VILLAGE OF_________] SUPPORTING POLICE
OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION
REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT
AND FUTURE POLICE OFFICERS AND FIREFIGHTERS.
(Please add any additional information specific to the City/Town/Village)
WHEREAS,
the [City/Town/Village] deeply honors and respects the services provided and sacrifices
made by police officers and firefighters, and desires to provide current and future police
officers and firefighters with a pension system that is sound, sustainable and reliable.
The [City/Town/Village] also desires to protect local taxpayers from unsustainable and
unsound pension levels. The [City/Town/Village] supports responsible reforms that
protect pensions so they will be there for future generations of police officers and
firefighters and safeguard taxpayer dollars; and
WHEREAS,
a priority of the [City/Town/Village] is for the Florida Legislature to address numerous
legislative actions it has taken throughout the past 40 years relating to the
[City’s/Town’s/Village’s] police and firefighter defined benefit pension plans. These
actions have had significant negative fiscal impacts on the [City/Town/Village] and its
taxpayers. The legislative reforms the [City/Town/Village] is seeking do not provide
cities with a “hand-out” from or a “bail-out” by the Legislature relative to police and
firefighter pensions. Rather, the [City/Town/Village] seeks reasonable and responsible
changes to state law to “level the playing field” and allow cities to determine and
implement police and firefighter pension reform at the local level; and
WHEREAS,
in 2011, the Florida Legislature passed SB 1128, which took important initial steps in
reforming city police and firefighter defined benefit pension plans. The legislation
addressed several issues, including prohibiting “spiking” of pension benefits by
restricting the use of overtime and unused sick or annual leave payments for pension
purposes; eliminating the requirement that increases in police and firefighter member
contributions to the pension plan must also include increases in pension benefits; and
creating a task force to study issues with various disability presumptions for firefighters
and police and corrections officers. Importantly, the 2011 bill did not address the 1999
legislative mandate to perpetually provide “extra” pension benefits to police and
firefighters with insurance premium tax revenues; and
WHEREAS,
prior to 1999, cities were largely free to bargain with local police and firefighter unions,
or provide for the non-unionized police and firefighters, the pension benefits that best
fit the priorities and needs of the city and its police and firefighters. In 1999, the Florida
Legislature amended Chapters 175 and 185, Florida Statutes, relating to city police and
firefighter defined benefit pensions to require that additional city insurance premium
tax revenues (taxes on property and casualty insurance premiums) over a base amount
be used to provide only “extra” pension benefits to police officers and firefighters. An
“extra” pension benefit is a pension benefit that must have been given to police and
firefighters after 1999 and the benefit must be greater than a pension benefit provided
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to general city employees. In aggregate numbers, this mandate has required cities and
city taxpayers to provide more than $460 million in new “extra” pension benefits to
police officers and firefighters since 1999. This mandate to keep providing “extra”
pension benefits is not sustainable, rather the [City/Town/Village] needs the flexibility
to use insurance premium tax revenues for the current or a decreased level of police and
firefighter pension benefits to meet the [City’s/Town’s/Village’s] budget constraints;
and
WHEREAS,
due to severe budget constraints and rapidly increasing personnel costs, the
[City/Town/Village] has attempted to reduce pension costs for general employees,
police and firefighters. Numerous other cities have also either attempted or considered
reducing pension benefit levels for police and firefighters to levels below those in effect
before the 1999 legislative pension mandates. The state Division of Retirement
interprets current law to say that if a police or firefighter pension benefit is reduced to a
level below the 1999 level, the pension plan will violate state law and the city would
forfeit all insurance premium tax revenues. Thus, when cities attempt to bring police
and firefighter pension costs under control, the cities’ actions are frequently blocked by
the Division of Retirement; and
WHEREAS,
the Florida Legislature has provided that health conditions relating to heart disease,
hypertension or tuberculosis suffered by a firefighter, law enforcement officer or
correctional officer are presumed to be job related. These “disability presumptions” are
applicable to both workers’ compensation and disability pension claims and have
introduced significant opportunities for abuse in the police and firefighter pension
system. Courts have interpreted the presumption laws so favorably toward these
employees that cities and other government employers basically cannot overcome the
presumption and show the health condition was not work related. A Task Force on
Public Employee Disability Presumptions is currently meeting to make findings and
recommendations to the Legislature. Changes to presumption laws being considered by
the Task Force include requiring an employee to meet age and employment
requirements, allowing a presumption to be overcome by a preponderance of evidence,
and allowing certain individual risk factors to be considered when applying the
presumption, such as tobacco use, weight/diet, genetics and lifestyle choices. All of
these proposals are designed to bring a fairer balance to the application of presumption
laws. It is important to remember that just because an individual does not have a
disability presumption does NOT mean they cannot make a workers’ compensation or
disability pension claim. Rather, it just means that the individual must show the health
condition is work related, just like every other employee who makes a workers’
compensation or pension claim; and
WHEREAS,
beginning in 1986, the Florida Legislature transferred all operational and administrative
control of city police and firefighter defined benefit pensions to legislatively created
boards of trustees. These boards of trustees run afoul of local control and are separate
legal entities apart from a city that exercise broad powers outside a city’s control, such
as directing all investments of the pension fund; hiring plan attorneys, actuaries and
other professionals; and making regular and disability pension determinations. In spite
of being legislatively created entities and not locally controlled, all costs and expenses,
including investment losses, incurred by the boards of trustees of pension plans
ultimately become a cost to the city because the city is responsible for paying for all
pension benefits. Additionally, boards of trustees are not required to provide fiscal
transparency or accountability for substantial amounts of public funds; and
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WHEREAS,
HB 365 by Representative Fred Costello and SB 910 by Senator Alan Hays have been
filed for consideration during the 2012 legislative session. HB 365 and SB 910 would
responsibly promote increased police and firefighter pension stability, security and
sustainability by making the following changes to current state law:
1. Collective Bargaining Over Retirement Benefits and Revenues:
Allow cities and
police and firefighter unions to collectively bargain the retirement benefits provided
pursuant to, and the use of insurance premium tax revenues provided under,
Chapters 175 or 185, Florida Statutes.
2. Alternative Retirement Plans:
Allow cities to unilaterally transition to a defined
contribution plan, the Florida Retirement System, or another retirement program for
police and firefighters and continue to receive insurance premium tax revenues to
pay for the retirement expenses.
3. Boards of Trustees Fiscal Transparency and Accountability:
Require statutorily
created police and firefighter pension boards of trustees to adopt and operate under
an administrative expense budget, and require a detailed accounting of pension
boards of trustees’ expenses.
4. Fiscally Responsible Retirement Plan Termination:
Require police and
firefighter pension boards of trustees and cities to work together for a fiscally
responsible distribution of plan assets if a city must terminate its police or
firefighter retirement plan.
5. Clarify (Again) Police Overtime Used for Retirement Purposes:
Clarify (due to
an incorrect interpretation by the Division of Retirement of the law passed in 2011)
that police officers may use up to 300 hours per year in overtime compensation
when calculating retirement benefits as provided in the plan or collective bargaining
agreement, and that police officers are not entitled to the use of a minimum of 300
hours per year in overtime compensation for retirement purposes.
6. Disability Presumptions:
Reform current statutory disability presumptions for
firefighters, law enforcement officers and correctional officers relating to health
conditions caused by tuberculosis, heart disease or hypertension to require the
employee to meet age and employment requirements, allow the presumption to be
overcome by a preponderance of evidence, and allow certain individual risk factors
to be considered when applying the presumption.
NOW, THEREFORE, BE IT RESOLVED BY THE [COUNCIL/COMMISSION] OF THE
[CITY/TOWN/VILLAGE OF __________FLORIDA:
],
Section 1.
That the [City/Town/Village] hereby supports police and firefighter pension and
disability presumption reforms in general, and as more specifically provided in HB 365
and SB 910 for the 2012 Florida legislative session.
Section 2.
That the [City/Town/Village] hereby requests the Florida Legislature to allow cities and
police and firefighter unions to collectively bargain the retirement benefits provided
pursuant to, and the use of insurance premium tax revenues provided under, Chapters
175 or 185, Florida Statutes.
Section 3.
That the [City/Town/Village] hereby requests the Florida Legislature to allow cities to
unilaterally transition to a defined contribution plan, the Florida Retirement System, or
another retirement program for police and firefighters and continue to receive insurance
premium tax revenues to pay for the retirement expenses.
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Section 4.
That the [City/Town/Village] hereby requests the Florida Legislature to require
statutorily created police and firefighter pension boards of trustees to adopt and operate
under an administrative expense budget, and require a detailed accounting of pension
boards of trustees’ expenses.
Section 5.
That the [City/Town/Village] hereby requests the Florida Legislature to require police
and firefighter pension boards of trustees and cities to work together for a fiscally
responsible distribution of plan assets if a city must terminate its police or firefighter
retirement plan.
Section 6.
That the [City/Town/Village] hereby requests the Florida Legislature to clarify that, due
to an incorrect interpretation by the Division of Retirement of the law passed in 2011,
police officers may use up to 300 hours per year in overtime compensation when
calculating retirement benefits as provided in the plan or collective bargaining
agreement, and that police officers are not entitled to the use of a minimum of 300
hours per year in overtime compensation for retirement purposes.
Section 7.
That the [City/Town/Village] hereby requests the Florida Legislature to close loopholes
that promote abuse in the police and firefighter system and amend current statutory
disability presumptions for firefighters, law enforcement officers and correctional
officers relating to health conditions caused by tuberculosis, heart disease or
hypertension to require the employee to meet age and employment requirements, allow
the presumption to be overcome by a preponderance of evidence, and allow certain
individual risk factors to be considered when applying the presumption.
Section 8.
That the [City/Town/Village] urges the Florida Legislature to pass and the Governor to
approve the above responsible reform recommendations relating to police and
firefighter pension plans and disability presumptions in the 2012 legislative session.
Section 9.
That the [City/Town/Village] Clerk is directed to transmit a copy of this resolution to
Governor Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc.
Section 10.
That this resolution shall be effective upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE [CITY COUNCIL/ COMMISSION OF
THE CITY/TOWN/VILLAGE OF ___________], FLORIDA, THIS DAY OF
______________
____________, 2011.
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Short Version:
Draft Resolution on Police and Firefighter Pension and Disability Presumption Reforms
2011-________
A RESOLUTION OF THE [CITY/TOWN/VILLAGE OF_________] SUPPORTING POLICE
OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION
REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT
AND FUTURE POLICE OFFICERS AND FIREFIGHTERS.
(Please add any additional information specific to the City/Town/Village)
WHEREAS,
to honor their service now and in years to come, current and future police officers and
firefighters in the [City, Town, Village of _________] deserve pension plans that are
sound, secure and sustainable; and
WHEREAS,
[City, Town, Village of _________] opposes unfunded mandates from the Florida
Legislature that have created a pension plan system for local police officers and
unstable, unsustainable and unreliable for current and future
firefighters that is
police officers and firefighters; and
WHEREAS,
the Florida Legislature has imposed significant unfunded mandates onto the [City,
Town, Village] relative to the operation of the [City’s, Town’s, Village’s] police officer
and firefighter defined benefit pension plans by mandating minimum pension benefit
levels and mandating the use of revenues to fund pension plan costs; and
WHEREAS,
the Florida Legislature has provided that health conditions related to heart disease,
hypertension or tuberculosis suffered by a police officer or firefighter are presumed to
be job related, and these “disability presumptions” are applicable to both workers’
compensation and disability pension claims; and
WHEREAS,
the Florida Legislature has written and the courts have interpreted the disability
presumption laws so favorably toward these employees that cities and other
government employers basically cannot overcome the presumption and show the health
condition was not work related; and
WHEREAS,
the Florida Legislature transferred all operational and administrative control of police
and firefighter pension plans from the [City/Town/Village] to a legislatively created
board of trustees, a separate legal entity apart from the [City, Town, Village] that
exercises broad powers outside the [City’s/Town’s/Village’s] control, and is not
required to provide fiscal transparency or accountability for substantial amounts of
public funds; and
WHEREAS,
the [City, Town, Village] is seeking immediate mandate relief from the Florida
Legislature and requests the Legislature to untie its hands so that it can responsibly
address its pension and other personnel issues locally and in a manner that best serves
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its taxpayers, stops potential pension abuse and protects pensions for current and future
generations of police and firefighters.
NOW, THEREFORE, BE IT RESOLVED BY THE [COUNCIL/COMMISSION] OF THE
[CITY/TOWN/VILLAGE OF __________FLORIDA:
],
Section 1.
That the [City/Town/Village] hereby supports responsible police and firefighter defined
benefit pension and disability presumption reforms to ensure sound, secure and stable
pensions will be there for current and future police and firefighters.
Section 2.
That the [City/Town/Village] believes local issues should be addressed locally and
hereby requests the Florida Legislature to remove itself from the local collective
bargaining process between the [City/Town/Village] and its police and firefighters.
Section 3.
That the [City/Town/Village] hereby requests the Florida Legislature to remove
mandates establishing minimum pension benefit standards for police and firefighter
pensions, remove the requirement to provide new, extra pension benefits to police and
firefighters, and allow the [City/Town/Village] to use insurance premium tax revenues
to pay for the level of pension benefits for police and firefighters that meets the needs
and priorities of the [City/Town/Village].
Section 4.
That the [City/Town/Village] hereby requests the Florida Legislature to enact
responsible reforms to bring a fairer balance to the application of disability presumption
laws relating to certain health conditions suffered by firefighters and police officers by
requiring a police officer or firefighter to meet age and employment standards, allowing
a disability presumption to be overcome by a preponderance of the evidence, and
allowing certain individual risk factors to be considered when applying a disability
presumption, such as tobacco use, weight and diet, genetics and lifestyle choices.
Section 5.
That the [City/Town/Village] hereby requests the Florida Legislature to impose
reasonable fiscal transparency and accountability standards on legislatively created
police and firefighter pension boards of trustees.
Section 6.
That the [City/Town/Village] urges the Florida Legislature to pass and the Governor to
approve the above responsible pension reform recommendations relating to police and
firefighter pension plans and disability presumptions in the 2012 legislative session.
Section 7.
That the [City/Town/Village] Clerk is directed to transmit a copy of this resolution to
Governor Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc.
Section 8.
That this resolution shall be effective upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE [CITY COUNCIL/ COMMISSION OF
THE CITY/TOWN/VILLAGE OF ___________], FLORIDA, THIS DAY OF
______________
____________, 2011.
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13. A
LEGAL
January 3, 2012
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RACC:PROPOSED ORDINANCE NO. 11-032 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Amend provisions of Chapter 2, Article VI, Section 2: City Parks and Recreation Impact Fee
or Land Dedication. Applicant: City-initiated
ER: The park and recreation impact fee, charged to residential
XPLANATION OF EQUEST
development, provides a source of revenue to fund construction or improvement of the City’s
parks necessitated by growth. It ensures that all future development creating an impact on
park and recreational facilities within the City will bear a proportional share of the cost.
The methodology used to generate the impact fee schedule is based on the replacement costs
of parks and facilities, which fluctuate over time. Since the last update of the impact fees in
July of 2006, there have been major decreases in property values as well as significant
changes in pricing of facilities. As a result of these changes, the proposed impact fees are
substantially reduced.
Legal requirements. Florida Statutes, Chapter 163.31801 now requires that the calculation of
impact fee be based on the most recent and localized data. The City’s
Comprehensive Plan stipulates that the park and recreation impact fee should be reviewed
every other year. The proposed update will bring the City in compliance with these
requirements.
Sources of data. The average cost of vacant land was provided by the 2010 Palm Beach
County Appraiser’s database. Staff obtained cost estimates for facilities from three park
development/construction firms - Recreational Design and Construction, AECOM, and West
Construction. The first two firms provided estimates for 2001 and 2006 calculation of impact
fees. West Construction recently completed construction of improvements to Wilson and
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Jaycee parks, and has nearly completed construction of the Congress Avenue Community
park; it is a contractor with extensive local experience. The estimates were also compared to
park construction data obtained from Palm Beach County, and reviewed by staff of Broward
County and the City of Boca Raton. As AECOM figures were determined to be
underestimated, staff used the average of the West Construction and Recreation Design and
Construction pricing in the impact fee calculations. The average civil and site development cost
per park acre was provided by West Construction.
Changes in methodology. There are no changes in the overall methodology. However, due to
data collection changes in the 2010 Census, the only source of the update for the person-per-
dwelling unit figures is the Census Bureau’s American Community Survey (ACS). Staff used
the ACS data, but had to combine the single-family detached and attached dwellings since the
ACS provides no breakdown for population residing in these two dwelling categories.
Moreover, dwellings in buildings containing two-to-four units were added to the table, since the
household size for these dwellings differed significantly from the other two categories.
Proposed impact fees per dwelling unit:
Type of Dwelling Unit Impact fee per dwelling
Single-family, detached or attached $875
Dwellings in buildings containing 2 to 4 units $678
Multi-family (dwellings in buildings containing 5 or more units) $595
Current impact fees per dwelling unit:
Type of Dwelling Unit Impact fee per dwelling
Single-family, detached $1,418
Single-family, attached $1,045
Multi-family $924
For further information and documentation, see attached ordinance.
H? See Fiscal Impact
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: The substantially reduced figures in the updated impact fee schedule reflect
ISCAL MPACT
the current economic environment. The balance of impact fee trust fund, currently at about
$258,000, is unlikely to grow significantly for the foreseeable future, as residential development
activity in the region remains dormant, especially in the for-sale housing sector. Although rental
rd
demand has been strong nationwide, the Palm Beach County apartment vacancy rate in 3
quarter was 7.1%, above the U.S. average of 5.6%.
It should be noted that while park construction has slowed due to funding availability (for both
for construction and maintenance), existing park resources within the City are adequate to
meet the recommended level of service standard for park acreage as indicated in the City’s
Comprehensive Plan. Worst case, the future construction of planned park space will be timed
with the slower accumulation of impact fee dollars, and/or identification of additional funding
sources for park construction and maintenance.
A: This update is required by state law. Staff proposes this update based on the
LTERNATIVES
best available data and a professionally-accepted methodology. Staff does not propose an
558 of 584
alternative methodology or recommend the use of an outside consultant to conduct this
analysis and update due to cost, and the likelihood that the consultant would use core data
similar to what was used by staff.
559 of 584
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 2, ARTICLE VI, “IMPACT
AND SELECTED FEES”, SECTION 2, “CITY PARKS AND RECREATION
FACILITIES IMPACT FEE OR LAND DEDICATION” TO RE-CALCULATE THE
IMPACT FEES BASED ON THE MOST RECENT AND LOCALIZED DATA OF
THE REPLACEMENT COSTS OF PARKS AND FACILITIES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, Florida Statutes, Chapter 163.31801 now requires that the calculation of impact fee
be based on the most recent and localized data; and
WHEREAS
, the City’s Comprehensive Plan requires that the park and recreation impact fee be
reviewed every other year; and
WHEREAS,
the last modification of the park and recreation impact fees was by Ordinance 06-
057 in July 5, 2006; and
WHEREAS
, the City impact fee methodology is based on the replacement cost of parks and
recreational facilities; and
WHEREAS,
the City has conducted a review of the current level of impact fees and has made
recommendations to the City Commission regarding modification of fees, based on the decrease of
property values and significant changes in pricing of facilities that have occurred since the fees were
last modified.
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.
Chapter 2 “Land Development Process”, Article VI, “Impact and Selected Fees”,
of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby
amended as follows:
General.
A.
1. Purpose and Intent. This section is enacted to ensure that future land development within the
city provides land and facilities for park or recreational purposes in accordance with the Open Space and
560 of 584
Recreation Element of the Comprehensive Plan adopted by the city. The imposition of a park and
recreation facilities impact fee is to provide a source of revenue to fund the construction or improvement
of the city park system necessitated by growth, as delineated in the Capital Improvement Element of the
Comprehensive Plan. The purpose of this section is to ensure that all future residential land
development creating an impact on park and recreational facilities within the city shall bear a
proportionate share of the cost of capital expenditure necessary to provide such facilities in accordance
with the Open Space and Recreation Element of the Comprehensive Plan adopted by the city.
2. Applicability. A park and recreation facilities impact fee is hereby imposed on the
construction of any type of new residential dwelling unit. For the purposes of this section, a residential
use shall be construed to be any such use that is listed under the "residential and lodging" category
shown in the use matrix (see Chapter 3, Article IV, Section 3.D.). A residential use shall include the
residential component of mixed-use developments, or the conversion of any existing non-residential use
to a new residential use. The provisions of this section however, shall not apply to accessory dwelling
units, bed and breakfast, hotel and motel establishments, and nursing homes (as defined by the state).
3. Terms and Definitions. See Chapter 1, Article II for the terms and definitions associated
with impact fees.
4. Waiver. Any request to waive a city impact fee shall be in accordance with City Code of
Ordinances Part II, Chapter 8, Economic Development, Section 8-1.
Deleted:
Time of Impact Fee Payment. , or prior to approval of a plat
B. Payment of park and recreation facilities impact fees or transfer
or replat application in accordance with
of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance of a building
Chapter 2, Article III, Section 2,
Impact Fee Calculation.whichever occurs first.¶
permit (see Chapter 2, Article IV, Section 2). C. The formula used to
develop park and recreation facilities impact fee assessment is set forth in accordance with the
Deleted:
0.004700
following:
Deleted:
$543,292
Deleted:
$2,553.47
1. Table 2-3. Costs Per Capita: Methodology. The cost per capita is calculated by multiplying
Deleted:
0.000259
the standard quantity of park land and facility by average cost per facility. The standard quantity is
Deleted:
$100,000
based on actual provision. The land value is the average assessed value per acre of all vacant parcels
Deleted:
$25.90
within the city of two (2) acres or more. Average development cost has been added to the average
Deleted:
0.000198
assessed value to account for basic civil and site development costs.
Deleted:
$60,000
Deleted:
$11.88
Deleted:
0.000122
Standard per Capita Average Cost per Cost per Capita
Component
Deleted:
$225,000
Facility
Deleted:
$27.44
Land Acres 0.002456 $275,626 676.89
Deleted:
0.000061
Deleted:
$595,000
Playgrounds 0.000249 $192,500 $47.84
Deleted:
$36.30
Basketball Courts 0.000219 $$152,500 $33.44
Deleted:
0.000061
Handball/Racquetball Courts 0.000117 $225,000 $26.31
Deleted:
$655,000
Deleted:
$39.96
Baseball/Softball Fields - Youth 0.000073 $300,000 $21.93
Deleted:
0.000025
Baseball/Softball Fields - Adults 0.000029 357,500 $10.45
Deleted:
$560,000
Deleted:
Football/Soccer Fields 0.000029 $355,000 $10.38 $14.00
Deleted:
0.000473
Tennis Courts 0.000453 $120,000 $54.38
Deleted:
$60,000
Deleted:
$28.35
561 of 584
Cost Per Capita
Shuffleboard Courts 0.000234 $46,250 $10.82
Deleted:
0.000244
Deleted:
$25,000
Picnic Areas 0.000351 $57,200 $20.07
Deleted:
$6.10
Fitness Trails (Stations) 0.000029 $92,500 2.70
Deleted:
0.000320
Deleted:
$50,000
TOTAL COST PER CAPITA $915
Deleted:
$16.01
ADJUSTED COST PER Adjustment ($915 x 0.36)* $329
Deleted:
0.000030
CAPITA
Deleted:
$100,000
Deleted:
$3.05
. *Based on park improvement budgets over the last five (5) fiscal years, 64 percent (64%) of the
Deleted:
$2,762.45
cost of park development is anticipated to be paid by the city, with the remaining thirty six percent
(36%) covered by funds from the trust fund established for deposition of impact fees. In the calculation
of adjusted cost per capita, other revenues that are being used to pay for new parks and recreation
Deleted:
2. Table 2-4. Adjustment
facilities and for improvement of existing facilities are subtracted from the total per capita cost.
Rate
Deleted:
eighty-one
Deleted:
81
Deleted:
generated
2. Table 2-4. Cost Per Dwelling Unit (Impact Fee) Methodology. The cost of parks and
Deleted:
nineteen
recreational facilities per dwelling unit is the impact fee. It is calculated by multiplying the park and
Deleted:
19
recreational facility cost per person (after the credit reduction for other revenues) by the average number
Deleted:
In the calculation below, other
of persons per dwelling unit in a given type of structure:
revenues that are being used to pay for
new parks and recreational facilities and
for improvements of existing facilities are
subtracted from the total per capita cost,
as shown: ¶
Total Investment
Deleted:
3
Deleted:
5
Type of Net Persons Per Impact Fee Per
Unfunded Dwelling Unit* Dwelling Unit
Dwelling Unit
Cost Per
Deleted:
$525
Capita
Deleted:
2.70
Single-Family, Detached or Attached* $329 2.66 $875 Formatted: Centered
Deleted:
$1,418
Dwellings in buildings containing two $329 2.06 $678
(2) to four (4) units*
Formatted
Deleted:
Single-family, Attached
Deleted:
$525
Multi-Family (dwellings in buildings $329 1.81 $595
Deleted:
1.99
containing five (5) or more units*)
Deleted:
$1,045
*As per Census definitions. The persons-per-unit numbers are currently based on the Census
Bureau 2008-2010 American Community Survey estimates.
Deleted:
$525
Table 2-5. Impact Fee Amount.
D. The established park and recreation facilities impact fee per
Deleted:
1.76
residential unit is as follows:
Deleted:
$924
Deleted:
2000
Impact Fee per Dwelling Unit
Type of Dwelling Unit
Deleted:
data.
Deleted:
6
Single-Family, Detached or Attached $875
Deleted:
$1,418
562 of 584
... [1]
Formatted Table
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted Table
Dwellings in buildings containing two (2) to $678
Deleted:
Single-family, Attached
four (4) units
Deleted:
$1,045
Multi-Family (dwellings in buildings containing $595
Deleted:
$924
five (5) or more units)
Credit Towards Impact Fee Imposition.
E. Where a building(s) consisting of one (1) or more
dwelling units is demolished for redevelopment purposes and replaced by another building of one (1) or
more dwelling units the developer of the redevelopment project can request a credit for all or part of any
Deleted:
, there shall be
previous park and recreational impact fees paid to the City for the building(s). The burden is on the
Deleted:
against the payment of the
fees originally paid or assessed.
developer to submit proof of previous payment of park and recreation impact fees. Following
application, City staff shall determine the amount of credit to be given based on a cost per dwelling unit
basis. If the number of units being constructed in redevelopment are equal to or less than the number of
units that previously existed on the property and impact fees were previously paid, the developer will be
assessed no additional park and recreational impact fees. If the number of units being constructed in
redevelopment is greater than the number of units that previously existed on the site and impact fees
were previously paid, the developer will be charged additional impact fees only for the number of new
units that exceeds the original number of units.
Land Donation in lieu of Impact Fee.
F. Some or all of the park and recreation facilities impact fee
Deleted:
as
obligation may be satisfied by dedication of land to the city for park and recreation facilities. The
Deleted:
Obligation Satisfaction
process of donation may be initiated by the applicant or the city upon the formal filing of a development
application and prior to the completion of staff reviews. When staff anticipates the need for a land
dedication in lieu of an impact fee, staff shall notify the property owner/applicant at the pre-application
conference. Staff's notification to the property owner/applicant shall include a statement that only the
City Commission has the authority to decide when a land dedication will be required in lieu of the
payment of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to the
City Commission.
Section 3.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
Section 4.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance 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.
Authority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately.
FIRST READING this ___ day of ___________, 2011.
SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2012.
563 of 584
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
564 of 584
13. B
LEGAL
January 3, 2012
COBB
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AIRF
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CMD: January 3, 2012
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PENINGSUBLIC EARING
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A/P UB
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NO
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-033 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Amending Section 2-41 of the Code of Ordinances establishing revised redistricting
boundary maps
ER: The City Charter stipulates that; “The election districts shall be of
XPLANATION OF EQUEST
equal population, compact, proportional and logically related to the natural internal boundaries
of the neighborhoods within the city. The principal of non-discrimination and one man/one vote
shall be adhered to strictly”. These districting requirements in the City Charter are consistent
with generally accepted standard practice and the legal rulings and guidelines that emanate
from the 1965 Voting Rights Act and its Amendments.
Due to substantial population imbalance across the districts significant boundary adjustments
need to be made to reach a reasonable population balance by district. The smaller districts
must add population/territory and the largest district will need to release territory and thus
population to several of its neighboring districts. To reestablish population balance, District 2
must expand significantly and District 1 and District 3 also need increased population.
At the October 18, 2011 City Commission meeting, Florida Atlantic University (FAU), the
consultant contracted to facilitate the redistricting process, presented four (4) separate
alternatives for the City Commission’s consideration. The motion was made to accept
Alternative B and was passed on a 3-2 vote with Mayor Rodriguez and Commissioner Ross
dissenting.
H? Alternative B uses I-95 as the boundary
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
between District 1 and District 3 in the southern part of the city. This straightens out the current
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irregular boundary in that area. Alternative B also has relatively modest population deviation
and it shifts the downtown marina into District 3. (See attached Alternative B District Map).
FI: None
ISCAL MPACT
A: None. Redistricting is required by City Charter.
LTERNATIVES
566 of 584
ORDINANCE NO. 11-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE III.
ELECTIONS. SECTION 2-41. VOTING DISTRICTS, OF THE CODE OF
ORDINANCES, ESTABLISHING REVISED REDISTRICTING BOUNDARY
MAPS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS
, pursuant to Section 17(G) of the Charter of the City of Boynton Beach, the
geographic boundaries for each of the four (4) voting districts of the City Commission have been
revised; and
WHEREAS
, the City Commission deems the adoption of this Ordinance to be in the best
interests of the citizens and residents of the City of Boynton Beach, Florida;
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. Chapter 2. Administration, Article III, Section 2-41 is hereby amended by
deleting (1), (2), (3) and (4) in their entirety, and adding a revised (1), (2), (3) and (4) as follows:
District No. 1.
(1) COMMENCING at the centerline intersection of Boynton Beach Boulevard
and the centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of Boynton Beach
Boulevard to the centerline intersection of NW 8th Street and the POINT OF BEGINNING; thence run
southerly along the centerline of NW 8th Street and SW 10th Street to the centerline intersection of
Woolbright Road; thence run easterly along the centerline of Woolbright Road to the centerline
intersection of Interstate 95 (S.R. 9); thence run southerly along the centerline of said Interstate 95 (S.R.
9) to the easterly extension of the centerline of the Lake Worth Drainage District (LWDD) Lateral 30
Canal; thence run westerly along the centerline of said LWDD Lateral 30 Canal to the city's western
corporate limits; thence run northerly, easterly and northerly along the city's western corporate limits to
a point on the centerline of the C. Stanley Weaver/Boynton Beach Canal; thence run easterly along the
centerline of the C. Stanley Weaver/Boynton Beach Canal to the centerline intersection of Congress
Avenue; thence run northerly along Congress avenue to the centerline intersection of Gateway
Boulevard; thence run easterly along the centerline of Gateway Boulevard to the centerline intersection
of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal; thence run southerly along the
centerline of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal to the centerline
intersection of Old Boynton Road; thence run easterly, southeasterly and southerly along the centerline
of Old Boynton Road to the POINT OF BEGINNING.
District No. 2.
(2) COMMENCING at the centerline intersection of Boynton Beach Boulevard
and the centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of Boynton Beach
Boulevard to the centerline intersection of Old Boynton Road and the POINT OF BEGINNING; thence
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run northerly, northwesterly, and westerly along the centerline of Old Boynton Road to the centerline
intersection of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal; thence run
northerly along the centerline of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal to
the centerline intersection of Gateway Boulevard; thence run easterly along the centerline of Gateway
Boulevard to the centerline intersection of Interstate 95 (S.R. 9); thence run northerly along the
centerline of said Interstate 95 (S.R. 9) to the city's northern corporate limits; thence run easterly,
southerly and easterly along the city's northern corporate limits to the centerline of the Intracoastal
Waterway; thence run southerly along the centerline of said Intracoastal Waterway to the centerline of
thth
easterly extension of NE 4 Avenue; thence westerly along the centerline of easterly extension of NE 4
Avenue to the centerline of Federal Highway (U.S. 1); thence run southerly along, the centerline of
Federal Highway to the centerline of Boynton Beach Boulevard; thence run westerly along the
centerline of said Boynton Beach Boulevard to the POINT OF BEGINNING.
District No. 3.
(3) BEGINNING at the centerline intersection of Boynton Beach Boulevard and
thth
the centerline of SW 10 Street/NW 8 Street; thence run easterly along the centerline of said Boynton
Beach Boulevard to the centerline of Federal Highway (U.S. 1); thence run northerly along the
th
centerline of Federal Highway to the centerline of NE 4 Avenue; thence run easterly along the
th
centerline of NE 4 Avenue and its easterly extension to the centerline of the Intracoastal Waterway;
thence run southerly along the centerline of said Intracoastal Waterway and the city's eastern corporate
limits as located to the east side of the Intracoastal Waterway and periodically adjacent to the corporate
limits of the Town of Gulfstream to a point on the centerline of said Intracoastal Waterway at the city's
southern corporate limits adjacent with a portion of Palm Beach County; thence run westerly, southerly
and northwesterly along the city's southern corporate limits crossing South Federal Highway south of
Gulfstream Boulevard to a point on the west right-of-way line of Old Dixie Highway and the centerline
of Gulfstream Boulevard being the city's southern corporate limits with the City of Delray Beach; thence
run westerly along the city's southern corporate limits and the centerline of Gulfstream Boulevard and
along the southern subdivision line of the HILLS AT LAKE EDEN, P.U.D. as recorded in Plat Book 79,
Pages 89 and 90, according to the Public Records of Palm Beach County, Florida, to the centerline of
Interstate 95 (S.R. 9); thence run northerly along the centerline of Interstate 95 (S.R. 9) to the centerline
intersection of Woolbright Road; thence run easterly along the centerline of Woolbright Road to the
thth
centerline intersection of SW 10 Street/NW 8 Street; thence run northerly along the centerline of SW
thth
10 Street/NW 8 Street to the centerline intersection of Boynton Beach Boulevard and the POINT OF
BEGINNING.
District No. 4.
(4) BEGINNING at the centerline intersection of the C. Stanley Weaver/Boynton
Beach Canal and the city's western corporate limits; thence run northerly, westerly, southerly, westerly,
northerly, easterly, northerly, easterly and northerly to the city's northern corporate limits, said northern
corporate limits being also the north right-of-way line of Hypoluxo Road; thence run easterly along the
city's northern corporate limits to the to the centerline of Interstate 95 (S.R. 9); thence run southerly
along the centerline of said Interstate 95 (S.R. 9) to the centerline intersection of Gateway Boulevard;
thence run westerly along Gateway Boulevard to the centerline intersection of Congress Avenue; thence
run southerly along Congress Avenue to the centerline intersection of the C. Stanley Weaver/Boynton
Beach Canal; thence run westerly along the centerline of the C. Stanley Weaver/Boynton Beach Canal to
the POINT OF BEGINNING.
Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
568 of 584
Section 4. 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 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ____ day of December, 2011.
569 of 584
SECOND, FINAL READING AND PASSAGE this _____ day of
January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
570 of 584
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13. C
LEGAL
January 3, 2012
COBB
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CMD: January 3, 2012
OMMISSION EETING ATE
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-034 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Providing for an amendment to the Pension Plan for the General Employees which
contained a scrivener’s error in the definition of “Actuarial Equivalence”
ER: The Ordinance 10-028 provided for an amendment to the Pension
XPLANATION OF EQUEST
Plan for the General Employees contained a scrivener’s error in the definition of “Actuarial
Equivalence.” This Ordinance corrects the error. The benefits under the Plan are measured
using the “interest rates, mortality and other actuarial tables in effect under the plan.” There
has been no change in the assumptions under the plan.
H? It will have no effect on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services, but will make the Ordinance consistent with the Board’s action and the pension
administration.
FI: None.
ISCAL MPACT
A: None.
LTERNATIVES
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14. A
FUTURE AGENDA ITEMS
January 3, 2012
COBB
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CMD: January 3, 2012
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
st
RACC:1 Qtr update on Mae Volen Transportation Program -
EQUESTED CTION BY ITY OMMISSION
1/17/12
ER: Per the request of the Commission, staff will prepare quarterly
XPLANATION OF EQUEST
status reports on ridership of the Mae Volen Transportation Program.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
581 of 584
14. B
FUTURE AGENDA ITEMS
January 3, 2012
COBB
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CMD: January 3, 2012
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
rdth
RACC:3 & 4 Qtr 2011 combined Climate Action Plan update -
EQUESTED CTION BY ITY OMMISSION
1/17/12
ER: Staff continues to further the implementation strategies and every
XPLANATION OF EQUEST
quarter a report will be provided to the City Commission on the status of implementation of the
strategies listed in Section 4 of the Climate Action Plan.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
582 of 584
14. C
FUTURE AGENDA ITEMS
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 3, 2012
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:Brand Promise Committee Report - 2/7/12
EQUESTED CTION BY ITY OMMISSION
ER: The Brand Promise Committee is charged with
XPLANATION OF EQUEST
the fulfillment of the next two steps of the City’s Branding Initiative, the Brand
Assessment* and development of the Brand Promise*. The Committee members will
jointly develop the Promise with recommended Action Steps. A final draft of
the Promise will be presented to the Boynton Beach City Commissioners for their
review/comments/approval at their February 7, 2012 meeting.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
583 of 584
14. D
FUTURE AGENDA ITEMS
January 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: January 2, 2012
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:Revisions to restrictions for vehicle size in residential
EQUESTED CTION BY ITY OMMISSION
districts - TBD
ER: Development staff will provide draft ordinance revisions for
XPLANATION OF EQUEST
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
584 of 584
Page 562: [1] Deleted MatrasH 11/9/2011 8:10:00 AM
In the calculation below, other revenues that are being used to pay for new parks and
recreational facilities and for improvements of existing facilities are subtracted from the
total per capita cost, as shown:
Less Credit: Net Unfunded
Total Investment
Percent Other Revenues Cost per Capita
Cost Per Capita
$2,762.45 81% $525