Agenda 10-16-12 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, OCTOBER 16, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
Mack McCray
Vice Mayor – District II
Vacant
Commissioner – District I
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
Breeze into Boynton Beach –
America’s Gateway to the Gulfstream
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items:
These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section
entitled “Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule – some meetings have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor McCray
D. Brand Promise Statement
E. 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. Presentation by the League of Woman Voters given by Mark Schneider
B. Announce the Boynton Beach Haunted Pirate Fest
C. Proclaim the week of October 21 - 27, 2012 as Florida City Government Week.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
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
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PROPOSED RESOLUTION NO. R12-110
A. - Approve the expenditure of
$27,506.85 for the annual renewal of the Grants Network Master Subscription
and Service Agreement with eCivis.
PROPOSED RESOLUTION NO. R12-111
B. - Approve and authorize the
execution of an Agreement between the City of Boynton Beach and Project
Cast in the amount of $21,695.01 of Community Development Block Grant
funding.
C. Accept the written report to the Commission for purchases over $10,000 for the
month of September 2012.
D. Approve utilizing the State of Florida Contract #680-050-12-1-1 with Lawmen &
Shooters Supply for approximately $43,000 for the following: ammunition, gun
parts, and cleaning supplies.
E. Approve the minutes from the regular City Commission meeting held on
October 2, 2012
PROPOSED RESOLUTION NO. R12-112
F. - Approve piggyback of City of
Stuart Bid No. 2012 - 278 with Tanner Industries Inc. of Southampton, PA, with
the same terms, conditions, specifications and pricing. This bid will be utilized
for the procurement of ammonia at the estimated annual expenditure of
$30,000.
PROPOSED RESOLUTION NO. R12-113
G. - Approve piggyback of Palm Beach
County Bid No. 12-064RR/SWC with Morton International, Inc. of Chicago, IL,
with the same terms, conditions, specifications and pricing. This bid will be
utilized for the provision of granular sodium chloride (salt) at the estimated
annual expenditure of $65,000.
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R12-114
A. - Approve Bid No.: 066-2730-
12/DJL, Sod and Sod Installation to five (5) contractors as primary and
secondary suppliers. This is a Southeast Florida Governmental Purchasing
Cooperative Bid for twenty (20) municipalities with the City of Boynton Beach
as Lead Agency. The total bid amount is estimated at $1,687,144 for all
participating cities for the initial two (2) year period. The City of Boynton Beach
anticipated expenditure is $14,744 for the initial period.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approval of negotiated settlements in case of Corti/Doucette v. City of Boynton
Beach
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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
None
13. LEGAL
PROPOSED ORDINANCE NO. 12-017
A. - Rescinding Ordinance 11-029 to
allow adoption of the Palm Beach County Lobbyist registration Ordinance in
lieu of City regulation of lobbying activities
14. FUTURE AGENDA ITEMS
A. Scheduling of City Commission Workshop to discuss future of City Hall
Campus - TBD
B. Consideration of entering into an ILA with Palm Beach County for payment of
Inspector General fees directly to County - 11/7/12
C. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12
D. Volunteer Advisory Board program outline - 12/04/12
E. Presentations by consultants being considered for the Police Department
Management Study - 11/7/12
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
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16. 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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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 16, 2012
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October 16, 2012
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RACC:
Presentation by the League of Woman Voters
EQUESTED CTION BY ITY OMMISSION
given by Mark Schneider
ER:
Mr. Mark Schneider from the League of Woman Voters will
XPLANATION OF EQUEST
give a brief presentation on the three main ballot issues on the upcoming November
election including the eleven (11) constitutional amendments, the two (2) county
initiatives, and the judicial retention.
H?
This presentation is designed to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
educate the public on the main ballot issues.
FI:
N/A
ISCAL MPACT
A:
Not to allow the presentation.
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 16, 2012
COBB
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October 16, 2012
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RACC:
Announce the Boynton Beach Haunted Pirate Fest
EQUESTED CTION BY ITY OMMISSION
ER:
The Boynton Beach Haunted Pirate Fest is presented on
XPLANATION OF EQUEST
Saturday and Sunday October 27 & 28 from 10:00 a.m. to 5:00 p.m. each day. This
st
FREE event will take place on E. Ocean Avenue between Seacrest and NE 1 Street.
There will be continuous entertainment on three stages, which will include; Pirate Stunt
Shows, Sword Fights, Pirate Re-enactments and Live Music. Vendors will be onsite
with an assortment of hand made items and Food and Drinks will be available for
purchase.
The Schoolhouse Children’s Museum will present a Spooktacular Haunted House…a
$5.00 fee will be charged to benefit the museum.
Ample free parking is available in the surrounding area.
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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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 16, 2012
COBB
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AIRF
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CMD:
October 16, 2012
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RACC:
Proclaim the week of October 21 - 27, 2012 as
EQUESTED CTION BY ITY OMMISSION
Florida City Government Week.
ER:
Florida City Government Week offers an important
XPLANATION OF EQUEST
opportunity to spread the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the people.
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, city government is the government closest to most citizens, and the one
with the most direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is dependent
upon public commitment to and understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the responsibility to pass
along their understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize the
important role played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to all the
citizens of Florida that they can shape and influence this branch of government which is
closest to the people; and
WHEREAS, Florida City Government Week offers an important opportunity to convey to
all the citizens of Florida that they can shape and influence government through their
civic involvement.
Now therefore, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim October 21 – 27, 2012 as:
FLORIDA CITY GOVERNMENT WEEK
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
th
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 16 day of
October, Two Thousand and twelve.
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5. A
ADMINISTRATIVE
October 16, 2012
COBB
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October 16, 2012
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ETTLEMENTS
RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for 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
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
October 16, 2012
COBB
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October 16, 2012
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-110 -
EQUESTED CTION BY ITY OMMISSION
Approve the expenditure of $27,506.85 for the annual renewal of the Grants Network Master
Subscription and Service Agreement with eCivis.
ER:
The City of Boynton Beach Grants Team has been
XPLANATION OF EQUEST
successfully using eCivis’ grant management products to research and track grant
opportunities and awards for the past eleven years. In 2007, the City Commission
approved entering into a Grants Network Master Subscription and Service Agreement
with eCivis, via Resolution No. R07-032. The Agreement is automatically renewed for
successive one year terms unless either party provides written notice to the other party
prior to the end of the term indicating the party’s intent to terminate this Agreement
effective at the end of the current October 31, 2012 term.
H?
Renewal of the Grants Network
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Master Subscription and Service Agreement will enable the Grants Team members to
continue to efficiently seek grant opportunities and manage grant awards. Grants
Network: Tracking & Reporting web-based system maximizes the coordination of, and
visibility into, the grants process, mitigates turnover issues, increases our award rate,
and centralizes all files. The system provides citywide use and oversight by the Grants
Coordinator and the Finance Department.
Staff has compared this product to other grant management products on the market and
by far this surpasses the competition. (See attached comparison.) Grants Network is
designed specifically for local governments and offers much more than basic grant
management. There is no other product that provides access to a centralized federal,
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state, local and foundation grant database, grant management and reporting tools, a
training component and organizational wide oversight.
The Master Subscription and Service Agreement includes access to a database of local,
state and federal grant opportunities, on-line/on-demand training at no additional cost,
news and legislative updates on grant opportunities, and a project level document
repository for our annual single audit. This allows the auditor on-line access to all grant
related documents. This also enables the City to move towards a more paperless
process. Our return on investment is evident year after year as staff researches
effectively manages millions of federal, state and local grant dollars using eCivis Grants
Network.
FI:
In FY2011, 20 grant awards totaling $6,491,101 were managed by
ISCAL MPACT
departments using eCivis’ Grants Network. In addition to preparing grant applications,
staff closed out 12 federal, state and local grants worth $2,305,644 as projects were
completed.
The City of Boynton Beach receives substantial discounts due to our long standing
relationship in testing grant research and management products with eCivis. The
renewal rate has not increased since FY 2008/09. The total cost for Grant Network
Research, Tracking & Reporting, and KnowledgeBase service is $27,506.85. This
expense is included in the adopted FY2012/2013 General Fund budget and will be
taken from the Grants Team account #001-1210-512-64-14.
A:
Not renew the Master Subscription and Service Agreement and
LTERNATIVES
dramatically decrease our ability to efficiently and effectively seek and manage grants
citywide.
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RESOLUTION NO. R12-____
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE GRANTS NETWORK MASTER
SUBSCRIPTION AND SERVICE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND ECIVIS, INC; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach Grants Team has successfully been using
eCivis grant management products to research and track grant opportunities and awards for the
past eleven years; and
WHEREAS,
the current Agreement approved by the City Commission in 2007 expires
on October 31, 2012; and
WHEREAS,
the City Commission of the City of Boynton Beach, upon recommendation
of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton
Beach to approve the Grants Network Master Subscription Agreement between the City of
Boynton Beach and eCivis, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the Grants Network Master Subscription Agreement between the City of Boynton Beach
and eCivis, Inc., and authorize the Interim City Manager to execute same, a copy of said
Agreement is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2012.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner –
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC,
City Clerk
(Corporate Seal)
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6. B
CONSENT AGENDA
October 16, 2012
COBB
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CMD:
October 16, 2012
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RACC:
PROPOSED RESOLUTION NO. R12-111 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize the execution of an Agreement between the City of Boynton Beach and
Project Cast in the amount of $21,695.01 of Community Development Block Grant funding.
ER:
The City Commission, at its July 17, 2012 meeting, approved
XPLANATION OF EQUEST
Resolution R12-078 which authorized support for Economic Development match
funding for Project Cast as a recipient of State of Florida Target Industry Tax Refund
Program participant. This effort supports a new light industry business to be located
within Quantum Corporate Park, bringing new jobs to the City of Boynton Beach. This
light industrial business has been prequalified for the State of Florida’s Qualified Target
Industry Tax Refund (QTI) program creating high skill jobs for new or expanding
businesses, both large and small.
In concert with the QTI award, the City Commission has also authorized the expenditure
of up to $30,000 in additional assistance from our current CDBG funding to offset the
Cost of Building Permit fees associated with interior renovations necessary for this start-
up company. (Ref. Reso. R12-063)
H?
This new business coming to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
City of Boynton Beach will create jobs for low to moderate income residents of the City
of Boynton Beach. This project is eligible as a Special Economic Development Activity
under the Community Development Block Grant (CDBG) Program, and does not require
that the business be located within the target area. The regulation does however
require that low- and moderate income persons benefit from the program. In order for
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the business to receive the tax incentives from the State, the employer must meet the
required wage goals, and maintain the jobs over a minimum four-year period.
FI:
Community Development Block Grant funds will be used to provide the
ISCAL MPACT
offset for Building Permit Fees in the amount of $21,695.01. A minimum of ten (10) new
jobs will be brought to the City of Boynton Beach.
A:
Not to support this program.
LTERNATIVES
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT WITH “PROJECT
CAST” FOR ECONOMIC DEVELOPMENT MATCH
FUNDING IN THE AMOUNT OF $21,695.01; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
at its July 17, 2012 meeting, the City Commission approved support for
Economic Development match funding for Project Cast as a recipient of State of Florida Target
Industry Tax Refund Program; and
WHEREAS,
this light industrial business which will be located within Quantum
Corporate Park, has been prequalified for the State of Florida’s Qualified Target Industry Tax
Refund program creating high skill jobs for new or expanding businesses, both large and small;
and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to authorize the Mayor and City Clerk to
execute an Agreement with “Project Cast” for Economic Development Match Funding in the
amount of $21,695.01.
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 hereby authorizes the Mayor and City Clerk to
execute an Agreement with “Project Cast” for Economic Development Match Funding in the
amount of $21,695.01, a copy of which Agreement 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 October, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner –
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
October 16, 2012
COBB
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October 16, 2012
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RACC:
Accept the written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of September 2012.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to 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
September 2012:
Purchase Order Vendor Amount
120920 National Air Conditioning $ 10,125.00
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 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.
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FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. D
CONSENT AGENDA
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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 utilizing the State of Florida Contract
EQUESTED CTION BY ITY OMMISSION
#680-050-12-1-1 with Lawmen & Shooters Supply for approximately $43,000 for the following:
ammunition, gun parts, and cleaning supplies.
CP:S28,2012S27,2013
ONTRACT ERIOD EPTEMBER THROUGH EPTEMBER
ER:
XPLANATION OF EQUEST
Utilize the State of Florida Contract #680-050-12-1-1 with Lawmen & Shooters Supply
for approximately $43,000 for the following: ammunition, gun parts, and cleaning
supplies. This includes not only ammunition officers carry in their duty weapon, but also
all training/qualification ammunition (45 caliber, 40 caliber, 223 caliber, and 9mm).
The State of Florida has renewed this contract for the period September 28, 2012 thru
September 27, 2013. The State of Florida competitive bid procedures meets or exceeds the
City's procurement requirements.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
It will allow the department to procure the necessary supplies for the department’s
weapons.
FI:
ISCAL MPACT
The $43,000 will come from FY 2012/13 departmental budget (account 001-2110-521-
52-50).
A:
LTERNATIVES
The City could issue its own bids for these items.
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6. E
CONSENT AGENDA
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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 regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on October 2, 2012
The City Commission met on October 2, 2012 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
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City 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
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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. R12-112 -
EQUESTED CTION BY ITY OMMISSION
Approve piggyback of City of Stuart Bid No. 2012 - 278 with Tanner Industries Inc. of
Southampton, PA, with the same terms, conditions, specifications and pricing. This bid will be
utilized for the procurement of ammonia at the estimated annual expenditure of $30,000.
BIDTERM:
S24,2012THROUGHS23,2013with the option to
EPTEMBER EPTEMBER
renew for two (2) additional one-year periods.
The City of Stuart complied with Public Bid requirements equal to or exceeding the City of
Boynton Beach requirements.
ER:
The main principle in water treatment is the disinfection of
XPLANATION OF EQUEST
water. Ammonia is critical to the water treatment process as it is combined with sodium
hypochlorite to form chloramines, which kill bacteria in water. These chloramines are
also long-lasting thereby ensuring the distribution of safe potable water to the
consumer.
Storage tanks for ammonia, if not owned, are typically leased by the vendor providing
the ammonia. As such, the storage of ammonia provided by one vendor is not allowed
in tanks provided by a separate vendor. In an effort to reduce costs, the Utilities
department acquired quotes for tanks; these costs ranged from $14,000 for a
refurbished tank to $32,000 for a new one. The Utilities department currently leases
tanks from Tanner Industries Inc. at $1 per year, making the utilization of their product
the cheaper and more feasible solution.
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H?
Water quality is of utmost
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
importance to the water treatment plants. Little or no ammonia usage would result in the
rapid deterioration chlorine residuals thereby posing risks to public health and
preventing the plants from meeting state and regulatory water quality standards.
FI:
Funds are budgeted in account: 401-2811-536-52-35. Recent fiscal
ISCAL MPACT
expenditure is as follows:
FY 09/10 - $20,139
FY 10/11 - $20,173
FY 11/12 - $27,647
A:
The City of Boynton Beach could issue its own bid for the purchase of
LTERNATIVES
ammonia.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE “PIGGY-BACK” OF A CITY OF STUART,
FLORIDA BID #2012-278 WITH TANNER INDUSTRIES,
INC., FOR THE PROCUREMENT OF AMMONIA FOR
AN ESTIMATED ANNUAL EXPENDITURE OF $30,000;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
City staff has confirmed that the City of Stuart has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s
requirements; and
WHEREAS,
upon recommendation of staff, it is the City’s desire to “piggy-back” a
City of Stuart Bid #2012-278 from September 24, 2012 to September 23, 2013, with the
option to renew for two (2) additional one-year periods with Tanner Industries, Inc., for the
procurement of ammonia for an estimated annual expenditure of $30,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the “piggy-back” of a City of Stuart Bid #2012-278 from September 24, 2012 to
September 23, 2013, with the option to renew for two (2) additional one-year periods with
Tanner Industries, Inc., for the procurement of ammonia for an estimated annual expenditure
of $30,000.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of October, 2012.
CITY OF BOYNTON BEACH, FLORIDA
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________________________________
Mayor – Woodrow L. Hay
___________________________________
Vice Mayor – Mack McCray
___________________________________
Commissioner –
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. G
CONSENT AGENDA
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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. R12-113 -
EQUESTED CTION BY ITY OMMISSION
Approve piggyback of Palm Beach County Bid No. 12-064RR/SWC with Morton International,
Inc. of Chicago, IL, with the same terms, conditions, specifications and pricing. This bid will be
utilized for the provision of granular sodium chloride (salt) at the estimated annual expenditure of
$65,000.
BIDTERM:
A20,2012THROUGHA19,2013
UGUST UGUST
ER:
On-site chlorine generators (OSGs) were installed at both
XPLANATION OF EQUEST
the East and West Water Treatment Plants; only the East plant OSG is operational at
this time. Sodium chloride (salt) is combined with water to produce a brine solution
which, in turn, is used by the OSGs to generate sodium hypochlorite (liquid chlorine) via
electrolysis. This process requires the procurement of sodium chloride in large
quantities. By piggybacking the PBC Bid, the City receives the lower pricing based on
the much larger quantities used by the County.
Palm Beach County (PBC) complied with Public Bid requirements equal to or exceeding the City
of Boynton Beach requirements.
H?
Water quality is of utmost
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
importance to the water treatment plants. Little or no chlorine usage would pose great
risks to public health and would prevent the plants from meeting state and regulatory
water quality standards.
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FI:
Funds are budgeted in account: 401-2811-536-52-35.
ISCAL MPACT
The projected expenditure includes the salt usage associated with the anticipated
utilization of the OSGs at both water treatment plants.
Recent fiscal expenditure is as follows:
FY 10/11 - $14,637
FY 11/12 - $36,950
A:
The City of Boynton Beach could issue its own bid for the purchase of
LTERNATIVES
bulk sodium chloride.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE “PIGGY-BACK” OF A PALM BEACH COUNTY,
FLORIDA BID #12-064/SWC WITH MORTON
INTERNATIONAL, INC., FOR THE PROVISION OF
GRANULAR SODIUM CHLORIDE FOR AN
ESTIMATED ANNUAL EXPENDITURE OF $65,000;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
City staff has confirmed that Palm Beach County has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s
requirements; and
WHEREAS,
upon recommendation of staff, it is the City’s desire to “piggy-back” a
Palm Beach County Bid #12-064/SWC with Morton International, Inc., for the provision of
sodium chloride for an estimated annual expenditure of $65,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the “piggy-back” of a Palm Beach County Bid #12-064/SWC with Morton
International, Inc., for the provision of sodium chloride for an estimated annual expenditure
of $72,000.
Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this ______ day of October, 2012.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Woodrow L. Hay
___________________________________
Vice Mayor – Mack McCray
___________________________________
Commissioner –
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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7. A
BIDS AND PURCHASES OVER $100,000
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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. R12-114 -
EQUESTED CTION BY ITY OMMISSION
Approve Bid No.: 066-2730-12/DJL, Sod and Sod Installation to five (5) contractors as primary
and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid
for twenty (20) municipalities with the City of Boynton Beach as Lead Agency. The total bid
amount is estimated at $1,687,144 for all participating cities for the initial two (2) year period. The
City of Boynton Beach anticipated expenditure is $14,744 for the initial period.
:N1,2012O31,2014.
The bid is for an initial two
BID PERIOD
OVEMBER THROUGH CTOBER
(2) year period with three (3) additional one (1) year extensions.
ER:
The Southeast Florida Governmental Purchasing
XPLANATION OF EQUEST
Cooperative Group comprised of forty-five (45) agencies was created to utilize the
buying power of combined requirements for common basic commodities/services to
promote cost savings and cost avoidances to each entity. The City of Boynton Beach
was requested as lead agency to solicit a bid for Sod and Sod Installation to replace an
existing bid currently with Broward College.
The purpose of the solicitation is to establish a bid with two (2) Contractors as primary
and secondary to furnish, deliver, and install various species of sod to include but not
limited to St. Augustine: Floratam, Palmetto, Bahia, Argentine, Pensacola; Bermuda:
Tifway 419 “Certified”, Tifway 419 “Uncertified”, Tifgreen 328, Celebration, Tif Dwarf;
Pasaplum Sea Dwarf; Sealsle Supreme Paspalum “Certified”; Ultimate Flora Zoysia;
and Centipede.
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Invitation to Bid No.: 066-2730-12/DJL was issued, and notification was sent to one-
hundred and eight (108) firms, including fifty-one (51) supplemental bidders from the
City’s vendor database through the City’s e-Procurement system, demandstar.com.
Ten (10) bidders downloaded the Bid package including three (3) firms identified as
small business owners. At bid opening of August 29, 2012, five (5) bidders submitted
proposals for consideration. As a result, several bidders are recommended for award
as the lowest responsive, responsible bidders as attached.
H?
The Utilities and Public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Works/Parks departments utilize these services to ensure that the aesthetics of areas
affected by certain construction is reinstated to its original condition. This action will
also mitigate certain liabilities to the general public by addressing rough areas along
pathways.
FI:
The estimated annual expenditure of $$7,372 has been included in the
ISCAL MPACT
City’s FY 12/13 budget.
A:
Twenty (20) municipalities to include the City would be required to seek
LTERNATIVES
individual bids that could conceivably be cost prohibitive as the volume buying
opportunity will be lost.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD
OF BID #066-2730-12/DJL FOR SOD AND SOD
INSTALLATION TO FIVE (5) CONTRACTORS TO BE
UTILIZED BY THE SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE GROUP
IN AN ESTIMATED EXPENDITURE FOR THE CITY OF
BOYNTON BEACH OF $14,744.00 FOR THE INITIAL TWO
YEAR PERIOD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Southeast Florida Governmental Purchasing Cooperative Group
comprised of forty-five agencies was created to utilize the buying power of combined
requirements for common basic commodities/services to promote cost savings and cost
avoidances to each entity; and
WHEREAS,
on August 29, 2012, Procurement Services opened the five (5)
proposals which were submitted; and
WHEREAS
, as a result, several bidders (Mullings Engineering Services, LLC.,
Odum’s Sods, Inc., South Florida Grassing, Inc., Sunset Sod, Inc., and Tropical Landscaping
and Lawn Maintenance, Inc.) are being recommended for award as the most responsive,
responsible bidders; and
WHEREAS
, a primary and a secondary contractor shall be assigned by item and /or
group to each of the geographical areas of the Southeast Florida Governmental Purchasing
Cooperative Group (North South and Central).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the award of Bid #066-2730-12/DJL to Mullings Engineering Services, LLC.,
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Odum’s Sods, Inc., South Florida Grassing, Inc., Sunset Sod, Inc., and Tropical Landscaping
and Lawn Maintenance, Inc., for a period of two initial years with three additional one year
renewals, as either primary or a secondary contractor assigned by item and /or group to each
of the geographical areas of the Southeast Florida Governmental Purchasing Cooperative
Group (North, South and Central).
Section 3. The City of Boynton Beach’s anticipated expenditure for the initial
two year period is $14,744.00.
Section 4. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this ______ day of October, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner –
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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8. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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:
Approval of negotiated settlements in case of
EQUESTED CTION BY ITY OMMISSION
Corti/Doucette v. City of Boynton Beach
ER:
XPLANATION OF EQUEST
Defense Counsel: Benjamin Bedard, Roberts Reynolds Bedard & Tuzzio
Plaintiff Counsel: Stephen W. Gomberg
Incident: On November 1, 2008, City Police officers executed a search warrant on
Access Express Towing at 1330 West Industrial Avenue, Boynton Beach, FL. This is
related to an investigation regarding alleged illegal towing activities. During the course
of this litigation, a recent court case did not rule favorably on the legal position taken by
the City reference to the arrests of the plaintiffs. Negotiations occurred resulting in a
recommended settlement of $17,500 each for Debra Corti and Jessica Corti, and $500
for Diana Doucette.
H?
Recommendations for settlements
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
of claims of this nature are part of the ongoing responsibilities of the Risk Management
Department.
FI:
Settlements will be charged to the Risk Management budget expense
ISCAL MPACT
line item 522-1710-519-49.20, Self-Insured Losses, for first and third party claims.
A:
Failure to approve settlements will result in claim being litigated. Value
LTERNATIVES
of this entire case at trial is estimated at $100,000+. Defense trial legal costs are
estimated at $35,000.
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The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerierre
Interim City Manager
THRU:
Carisse Lejeune
Interim Assistant City Manager
FROM:
Charles J. Magazine
Risk Manager
DATE:
October 16, 2012
SUBJECT: Corti/Doucette et al v. City of Boynton Beach
Date of Loss:
November 1, 2008
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 75,000 Expenses: $ 101,881
Demand
: Original: $ 175,000 Final: $ 50,500
Offer
: Original: $ 5,500 Final: $ 35,500
SETTLEMENT$ 35,500
:
X
NOTE:
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ -0- $101,881
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 35,000 : $100,000+
JUDGEMENT$ -
:
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE
:
On November 1, 2008, City Police officers executed a search warrant on Access
Express Towing at 1330 West Industrial Avenue, Boynton Beach, FL. This is related to
an investigation regarding alleged illegal towing activities. During the course of this
litigation, a recent court case did not rule favorably on the legal position taken by the
City reference to the arrests of the plaintiffs. Negotiations occurred resulting in a
recommended settlement of $17,500 each for Debra Corti and Jessica Corti, and $500
for Diana Doucette.
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Cjm/Claimaut/Corti-Doucette02 10-16-12.doc
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13. A
LEGAL
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ATURE F
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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
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-017 -
EQUESTED CTION BY ITY OMMISSION
Rescinding Ordinance 11-029 to allow adoption of the Palm Beach County Lobbyist registration
Ordinance in lieu of City regulation of lobbying activities
ER:
On December 20, 2011, the Palm Beach County
XPLANATION OF EQUEST
Commission adopted the Palm Beach County Lobbyist Registration Ordinance
providing a centralized lobbyist registration system for the County and all municipalities
in the County. The Palm Beach County Ordinance became effective April 2, 2012. A
copy of the County Lobbyist Registration Ordinance, in codified form, is attached. The
County Ordinance applies to any municipality that does not have a conflicting ordinance
in effect. City Ordinance 11-029 is a conflicting Ordinance which currently prohibits
application and enforcement of the Palm Beach County Lobbyist Registration
Ordinance. This Ordinance, if adopted by the City Commission, will rescind the City’s
Lobbyist Registration Ordinance and clear the way for enforcement of the County’s
Ordinance.
H?
The City Clerk’s office will no
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
longer be required to maintain lobbyist registration records. Lobbyists will register with
the County and the County will maintain a County-wide data base. Additionally, after a
preliminary investigation by the City Manager and a determination that a violation may
have occurred, the Palm Beach County Commission on Ethics picks up the
investigation and has the enforcement authority.
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FI:
The City will save administrative costs associated with maintaining the
ISCAL MPACT
lobbyist registration bank of data. Attorney fees associated with lobbyist appeals under
the City Ordinance will no longer be incurred.
A:
Take no action and leave the City lobbyist registration rules and
LTERNATIVES
regulations in affect.
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ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, RESCINDING CITY ORDINANCE 11-029 WHICH
REQUIRED REGISTRATION OF LOBBYISTS AND
ELECTING TO REGULATE LOBBYING ACTIVITY UNDER
THE PALM BEACH COUNTY LOBBYIST REGISTRATION
ORDINANCE; PROVIDING FOR CONFLICT, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS,
On December 20, 2011, the Palm Beach County Commission adopted the
Palm Beach County Lobbyist Registration Ordinance providing a centralized lobbyist
registration system for the County and all municipalities in the County which took effect on
April 2, 2012; and
WHEREAS
, The County Ordinance applies to any municipality that does not have a
conflicting ordinance in effect; and
WHEREAS
, City Ordinance 11-029 is a conflicting Ordinance which currently prohibits
application and enforcement of the Palm Beach County Lobbyist Registration Ordinance; and
WHEREAS
, This Ordinance, if adopted by the City Commission, will rescind the City’s
Lobbyist Registration Ordinance and clear the way for enforcement of the County’s Ordinance;
and
WHEREAS
, the City Commission finds that it would be in the best interest of the public
for lobbyists to be registered and regulated under a County-wide system.
NOW, THEREFORE, BE IT ORDAINED 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 incorporated herein and made a part hereof.
Section 2.
Ordinance 11-029 is hereby rescinded in its entirety. All provisions
regarding lobbyists, lobbyists registration and enforcement of lobbyist activity contained in the
City Code of Ordinances shall be deleted.
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Section 3.
The provisions regarding lobbyist registration shall hereinafter be
governed by the Palm Beach County Lobbyist Registration Ordinance as amended from time to
time by Palm Beach County.
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 5.
If any clause, section, or other part or application of this Ordinance shall be
held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
or invalid part or application shall be considered as eliminated and so not affecting the validity of
the remaining portions or applications remaining in full force and effect.
Section 6.
This Ordinance shall not be codified.
Section 7.
This Ordinance shall become effective on passage.
FIRST READING
this ________ day of __________________, 2012.
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SECOND, FINAL READING AND PASSAGE
this _____day of _______________,
2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner –
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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14. A
FUTURE AGENDA ITEMS
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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:
Scheduling of City Commission Workshop to
EQUESTED CTION BY ITY OMMISSION
discuss future of City Hall Campus - TBD
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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:
Consideration of entering into an ILA with Palm
EQUESTED CTION BY ITY OMMISSION
Beach County for payment of Inspector General fees directly to County - 11/7/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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:
Capital Facility Charge Update Study - Amending
EQUESTED CTION BY ITY OMMISSION
Ordinance - 12/4/12
ER:
The results of the study will be presented along with
XPLANATION OF EQUEST
recommendations for improvements in this program. This is an Economic
Development Implementation Plan (EDIP) action item.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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:
Volunteer Advisory Board program outline -
EQUESTED CTION BY ITY OMMISSION
12/04/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. E
FUTURE AGENDA ITEMS
October 16, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 16, 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:
Presentations by consultants being considered for
EQUESTED CTION BY ITY OMMISSION
the Police Department Management Study - 11/7/12
ER:
The top three ranked firms have been contacted and will
XPLANATION OF EQUEST
present a 10-15 minute presentation of their proposal. Questions will follow. There will
be no cost to the City. The proposers will pay for their travel.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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