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Agenda 08-06-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, AUGUST 6, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello Commissioner – District IV Lori LaVerriere 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). 2 of 520 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Rev. Randall Gill - First Presbyterian Church C. Pledge of Allegiance to the Flag led by Mayor Taylor 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. Accept presentation by Andrea Bradley, President and CEO of Palm Healthcare Foundation, regarding City of Boynton Beach's participation in the Let’s Move Commit to Change Campaign. B. Tribute to Reverend Lance Chaney C. Presentation by the Lake Worth Drainage District given by Patrick A. Martin, PE, Director of Engineering for the LWDD. D. Request a private attorney-client session of the City Commission to discuss pending litigation in the following cases: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY 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. The following openings exist: 3 of 520 Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Planning and Development Board: 1 regular Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate B. Authorize Vice Mayor Hay, as the City of Boynton Beach Voting Delegate to the Florida League of Cities to support or oppose proposed resolutions submitted by the FLC Resolutions Committee at the 87th Annual Conference, according to consensus of the City Commission. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments PROPOSED RESOLUTION NO. R13-068 A. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Fenel Mene for the property at 1124 Peak Rd, Lantana, FL PROPOSED RESOLUTION NO. R13-069 B. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Sashi L. Maharaj & Sheerin M Maharaj for the property at 3695 Edgar Ave, Boynton Beach, FL. C. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the nine (9) month period ended June 30, 2013. PROPOSED RESOLUTION NO. R13-070 D. - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal years 2013/2014 PROPOSED RESOLUTION NO. R13-071 E. - Accept the offer of $6,000 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Diane Dolphin of 318 Glen Arbor Terrace, Boynton Beach, Florida, 33426, in the amount of $50,000, and Waive the Right of First Refusal for this same property. PROPOSED RESOLUTION NO. R13-072 F. - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for James and Karen Hannigan of 2389 S.W. 13th Way, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. 4 of 520 G. Approve additional funds in the amount of $4,152 for an estimated total annual expense of $28,500 to Thyssen-Krupp Elevator for elevator service in City facilities. Thyssen-Krupp is an authorized vendor via The Cooperative Purchasing Network (TCPN) Contract #R5042. Blanket Purchase Order #130388 H. Approve the Vehicles/Equipment submitted by Public Works/Fleet Maintenance for disposal. PROPOSED RESOLUTION NO. R13-073 I. - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their July 18, 2013 meeting and give authorization to do the following: 1) Approve the Third Amended Interlocal Government Agreement for biosolids processing and recycling ("Agreement") on the express condition that this agreement shall not be finalized by SCRWT&DB and delivered to the Authority until the Authority provides written confirmation that it has the funds on hand ($2,037,588) to pay SCRWT&DB and that upon delivery of the Agreement to the Authority, the Authority will pay SCRWT&DB the sum of $2,037,588; 2) Amend paragraph 5, Section 4 of "Vacation Leave" of the Board Rules; 3) Add the following subsection to section 5 "Sick Leave" of the Board Rules; 4) Accept the 2013/2014 Organizational Chart and Salary Ranges; 5) Establish user rate (O&M at $1.0326/1,000 Gal and R&R reserves at $0.1985/1,000 Gal) to Delray Beach and Boynton Beach for fiscal year 2013/2014: 1.2311/1,000 Gal; 6) Establish reclaim user rate at $0.19813/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for fiscal year 2013/2014; 7) Accept the 2013/2014 Wastewater and Reclaim O&M Budgets J. Approve the piggyback of General Services Administration (GSA) Contract GS- 27F-0002V (SBSA) & GS-27F-0003V with Office Elements (Adden Furniture distributor) with the same terms, conditions, specifications and pricing for the purchase of bunk room furniture for Fire Station #3 in the amount of $28,233.23 K. Approve payment of $14,272.50 to Hy-Byrd, Inc. of Lake Worth, Florida as final payment on Blanket Purchase order #130494 for a total purchase order amount of $32,877.50 for plan review and inspection tasks on an "as-needed basis." Hy-Byrd, Inc. was selected from written quotes in connection with this blanket purchase order. Accordingly, purchase orders exceeding $25,000 requires the City Commission approval. PROPOSED RESOLUTION NO. R13-074 L. - Approve Third Amendment to Professional Services Agreement with American Traffic Solutions "ATS" M. Approve the minutes from the Regular City Commission meeting held on July 16, 2013 PROPOSED RESOLUTION NO. 13-075 N. - Authorize the City Manager to enter into agreements with Jon D. Gurney, P.A. and James D. Stokes to provide 5 of 520 Special Magistrate services for the local hearings of the Red Light Camera violations. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R13-076 A. - Approve a contract with Ric-Man Construction Florida, Inc. for the Raw Water Main - Section B project, Bid No. 041-2821-13/DJL in the amount of $3,112,000 plus a 10% contingency of $311,200 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $3,423,200. PROPOSED RESOLUTION NO. R13-077 B. - Approve the piggy-back of the GSA contract # GS-07F-9491G with Xylem for the purchase of four Dri-Prime Pumps to provide back-up pumping at Lift Stations 708, 102, 207 & 922 for a total price of $157,008.80. The GSA contract meets or exceeds the competitive procurement process required by the City of Boynton Beach. PROPOSED RESOLUTION NO. R13-078 C. - Approve a one-year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA Healthcare for the plan year October 1, 2013 through September 30, 2014 as provided under the Terms of the contract with CIGNA and the City of Boynton Beach. PROPOSED RESOLUTION NO. R13-079 D. - Approve provider agreement with Metropolitan Life Insurance Company of Plantation, FL (MetLife) for City's "FULLY INSURED DENTAL PLAN", this is the last renewal period provided for under RFP #060-1610-11/JMA. PROPOSED RESOLUTION NO. R13-080 E. - Approve and authorize a Two Year Agreement between Vision Service Plan Insurance Co. (VSP) and the City of Boynton Beach for Vision Insurance per the Request for Proposal for a "Two Year Contract for a Fully Insured Vision Plan" for the Employees of the City of Boynton Beach; RFP No.: 052-1610-13/JMA 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 6 of 520 10. CITY MANAGER’S REPORT A. Presentation of Police Department Management Study report by Berkshire Advisors for acceptance by the City Commission in connection with RFP #067- 2110-12/TWH "A POLICE DEPARTMENT MANAGEMENT STUDY" 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Re-establishing a Community Investment Fund for distribution by the Mayor and Commissioners for qualified programs or projects - 8/20/13 B. Establishing a Special Event Grants Program - 8/20/13 C. Establishing an Economic Development Special Events Incentive Program - 8/20/13 D. Announcement of First Budget Hearing to Adopt Proposed Budget at the regularly scheduled City Commission Meeting to be held on September 3, 2013 at 6:30 p.m. in the City Hall Chambers. E. Announcement of Second Budget Hearing to Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers. F. Announcement of Special City Commission Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT 7 of 520 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY- FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK 8 of 520 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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 presentation by Andrea Bradley, President EQUESTED CTION BY ITY OMMISSION and CEO of Palm Healthcare Foundation, regarding City of Boynton Beach's participation in the Let’s Move Commit to Change Campaign. ER: In April 2013, the City of Boynton Beach participated in the XPLANATION OF EQUEST inaugural Let’s Move Commit to Change Campaign, produced by Palm Healthcare Foundation in partnership with CBS-12. The City of Boynton Beach Team, comprised of 150 employees, citizens and business owners, moved a total of 79,981 minutes in the month of April, logging the most minutes by any team within Palm Beach County. The City’s main event was a Let’s Move BOYNTON Walk held on April 24, 2013, supported by community partners Bethesda Health and Pathways to Prosperity. The City received significant media coverage. CBS-12 aired four separate interview segments on the morning news (Vice-Mayor, City Manager and 4 employees). Let’s Move BOYNTON was also posted on 20 different social media platforms and received local print. Andrea Bradley will present awards:  To the department who logged the most minutes: I.T.S. - 10,331minutes o  To the top three employees who logged the most minutes: Melissa Dyer, Occupation Licenses - 5,230 minutes o st Debbie Reamsynder,1 floor Communications - 5,045 minutes o 9 of 520 Rani DeMarco, Fire Department - 4,358 minutes o The 2014 Let’s Move Campaign will be held in January. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 10 of 520 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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: Tribute to Reverend Lance Chaney EQUESTED CTION BY ITY OMMISSION ER: The City of Boynton Beach has prepared a tribute to recognize XPLANATION OF EQUEST the dedicated and unselfish community contributions by Reverend Lance Chaney, Pastor of the St. John Missionary Baptist Church for over 10 years. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 11 of 520 t R I b u t e Reverend Lance Chaney, having led the St. John Missionary Baptist Church as Pastor, for over 10 years, was a pillar within the City of Boynton Beach and will be missed by the community he served. At St. John Missionary Baptist Church, Reverend Chaney brought a ministry of extraordinary blessings, phenomenal growth and a light to Boynton Beach. He not only blessed the St. John Missionary Baptist Church with his presence, but that of his lovely wife Marilane and three beautiful children Alex, Ashley and Allison, who have also brought the community much joy. Reverend Chaney’s leadership and love of people was exemplified through the growth and strong bonds of unity that today exist in the St. John Missionary Baptist Church family. Reverend Chaney attended the University of Arkansas at Pine Bluff, where he served as President of Student Government and was a member of the Alpha Phi Alpha Fraternity and the NAACP. He also earned a degree in Business Administration, and a Leadership Certificate, from Harvard School of Divinity and Masters of Divinity at Knox Theological Seminary. The City of Boynton Beach reaped the benefits and fruits of his labor. His ability to touch lives extended beyond the Boynton Beach Community into several Palm Beach County organizations, such as the Roots Cultural Festival, MLK Community Celebration, Social Security Administration, Forums on Affordable Housing and Education, Correction Task Force for the Criminal Justice Commission of Palm Beach County, State Attorney Advisory Board, Haiti Relief Efforts and many more. Reverend Chaney had an extremely positive impact on the City of Boynton Beach Community and we were blessed to have partnered with him. Now, therefore , I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize with this Tribute REVEREND LANCE CHANEY for his commitment and leadership in uniting many communities, including the City of Boynton Beach. In witness whereof , I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of August, Two Thousand and Thirteen. ___________________________________ Mayor Jerry Taylor, Mayor ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 12 of 520 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation by the Lake Worth Drainage District EQUESTED CTION BY ITY OMMISSION given by Patrick A. Martin, PE, Director of Engineering for the LWDD. ER: The Lake Worth Drainage District manages the water XPLANATION OF EQUEST resources in southeastern Palm Beach County, Florida. Among its many roles and responsibilities, the staff at the LWDD has committed to participation in Community Outreach and education. The LWDD has partnered with the City of Boynton to provide information and education on the issues of flood mitigation and preparedness. H? This presentation will educate the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES citizens on the important role of the LWDD and flood mitigation and preparedness. FI: None ISCAL MPACT A: Not to allow the presentation. LTERNATIVES 13 of 520 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Request a private attorney-client session of the City EQUESTED CTION BY ITY OMMISSION Commission to discuss pending litigation in the following cases: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY ER: Pursuant to Section 286.011(8), Florida Statutes, I am XPLANATION OF EQUEST requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY I will announce who will need to be in attendance and the Commission must set the date, time and approximately length of the requested private session. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 14 of 520 15 of 520 5. A ADMINISTRATIVE August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Planning and Development Board: 1 regular Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate . 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. 16 of 520 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 17 of 520 18 of 520 19 of 520 20 of 520 21 of 520 22 of 520 23 of 520 24 of 520 25 of 520 26 of 520 5. B ADMINISTRATIVE August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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: Authorize Vice Mayor Hay, as the City of Boynton EQUESTED CTION BY ITY OMMISSION Beach Voting Delegate to the Florida League of Cities to support or oppose proposed resolutions th submitted by the FLC Resolutions Committee at the 87 Annual Conference, according to consensus of the City Commission. ER: The Florida League of Cities Resolutions Committee is XPLANATION OF EQUEST charged with considering official resolutions relating principally to constitutional, congressional and commemorative issues. The committee will review and vote on each resolution and forward the committee’s recommendations to the League’s membership at the League’s Annual Conference Business Session, which will take place on Saturday, August 17, 2013 at the Orlando World Center Marriott in Orlando, Florida. At the Business Session, Vice Mayor Hay as voting delegate for the City of Boynton will vote on the Report of the Resolutions Committee (see attached Proposed Resolutions). By consensus of the City Commission, Vice Mayor Hay will vote to support or oppose the following Proposed Florida League of Cities 2013 Resolutions: City of Sweetwater – Resolution 2013-01 1. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. EXPRESSING APPRECIATION TO SWEETWATER, FLORIDA, FOR ITS SUPPORT OF MANNY MARONO AS PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. City Government Week – Resolution 2013-02 2. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. RECOGNIZING THE WEEK OF OCTOBER 20-26, 2013, AS “FLORIDA CITY GOVERNMENT 27 of 520 WEEK,” AND ENCOURAGING ALL FLORIDA CITY OFFICIALS TO SUPPORT THIS CELEBRATION BY PARTICIPATING IN THE “MY CITY: I’M PART OF IT, I’M PROUD OF IT!” ACTIVITIES. Viva Florida 500 – Resolution 2013-03 3. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. TH COMMEMORATING FLORIDA’S 500 ANNIVERSARY. th Florida Association of City Clerks 40 Anniversary – Resolution 2013-04 4. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. COMMENDING TH THE FLORIDA ASSOCIATION OF CITY CLERKS FOR ITS 40 ANNIVERSARY. Municipal Financing – Resolution 2013-05 5. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. URGING THE ADMINISTRATION AND CONGRESS TO PRESERVE THE CURRENT TAX- EXEMPT STATUS OF MUNICIPAL BONDS AND REJECT ANY PROPOSAL THAT WOULD REDUCE OR ELIMINATE THE FEDERAL TAX EXEMPTION ON INTEREST EARNED FROM TAX-EXEMPT MUNICIPAL BONDS. Marketplace Fairness Act / Streamlined Sales Tax – Resolution 2013-06 6. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. URGING CONGRESS TO PASS LEGISLATION THAT WOULD GRANT STATES THE AUTHORITY TO COMPEL ONLINE AND CATALOG RETAILERS TO COLLECT SALES TAX. Community Development Block Grant Funding (CDBG) – Resolution 2013 - 7. 07 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. URGING CONGRESS TO MAINTAIN FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG). H? Some of the Proposed Resolutions OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a direct impact on funding levels for the City of Boynton Beach. FI: Not known at this time. ISCAL MPACT A: Not authorize Vice Mayor Hay to vote on proposed resolutions. LTERNATIVES 28 of 520 29 of 520 30 of 520 31 of 520 32 of 520 33 of 520 34 of 520 35 of 520 36 of 520 37 of 520 38 of 520 39 of 520 40 of 520 41 of 520 42 of 520 43 of 520 44 of 520 6. A CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-068 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Fenel Mene for the property at 1124 Peak Rd, Lantana, FL ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Federal Highway. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 45 of 520 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 46 of 520 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND FENEL MENE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1124 Peak Road, Lantana, Florida (PCN: 00-43-45-09-09-000- 2330); and WHEREAS , the parcel covered by this agreement includes a single-family home located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. 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 and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Fenel Mene, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. 47 of 520 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 48 of 520 49 of 520 50 of 520 51 of 520 52 of 520 53 of 520 54 of 520 55 of 520 56 of 520 57 of 520 6. B CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-069 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Sashi L. Maharaj & Sheerin M Maharaj for the property at 3695 Edgar Ave, Boynton Beach, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area south of Gateway Blvd. between Lawrence Rd and North Congress Ave. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 58 of 520 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 59 of 520 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND SASHI L. MAHARAJ AND SHEERIN M. MAHARAJ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 3695 Edgar Avenue, Boynton Beach, Florida (PCN: 00-43-45- 19-02-004-0132); and WHEREAS , the parcel covered by this agreement includes a single-family home located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. 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 and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Sashi L. Maharaj and Sheerin M. Maharaj, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. 60 of 520 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 61 of 520 62 of 520 63 of 520 64 of 520 65 of 520 66 of 520 67 of 520 68 of 520 69 of 520 70 of 520 6. C CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the nine (9) month period ended June 30, 2013. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the nine (9) month period ended June 30, 2013 (75% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 71 of 520 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 58,66285%$ 65,142$ 54,94984%6%7% Expenditures$ (68,822)$ (51,749)75%$ (65,142)$ (48,854)75%6%6% Excess (Deficit)$ -$ 6,913$ -$ 6,095 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $52.2 M or 75% of our total $68.8 M General Fund budget estimate for FY 2012-13. Transfers from other funds (non- revenues) provide $16.6 M or 25% of the total funding sources to balance our $68.8 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 28.6 M – All other revenues plus General Fund Balance 3._25% - $ 16.6 M – Transfers from other funds 100% - $ 68.8 M – Total funding sources The property tax rate for FY 2012-13 was increased from 7.1941 mills to 7.6000 mills; the net property taxes of $27.0 M in FY 2012-13 represent a 5.6% increase in property tax revenue or an increase of $.7 M from FY 2011-12. To balance the budget in FY 2012-13, it required transfers from other funds of $16.6 M representing 25% of all funding sources. Actual Funding Sources Realized: At the end of the ninth month in FY 2012-13, revenues and transfers realized are approximately $58.6 M of the budget estimate compared to $54.9 M realized to date in FY 2011-12. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $22.7 M as compared to $21.6 M for FY 2011-12, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $3.1 M or 69% actual collected compared to $3.2 M or 71% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.3 M or 96% has been collected which is almost equivalent to the FY 2011-12 amount of $1.34 M or 90%. State Shared revenues 3. of $5.0 M or 76% have been collected in FY2012-13 as compared to $4.8 M or 75% received in FY 2011-12. Public Safety revenues 4. at this point is on track with the budgeted amount; $3.3 M or 72 of 520 88% was received compared to $3.2 M or 82% for FY 2011-12. 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 increased approximately 5.7% from $65.1 M to $68.8 M. The budget increase was due to increased pension and health care costs. Actual Expenditures – General Fund expenditures for the ninth month period ending June 30 (75% of the fiscal year) are $51.7 M that is 75% of the $68.8 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $51.7 M or 75% of the FY 2012-13 budget. At this point in the fiscal year, we are at the same spending levels compared to the $48.8 M or 75% actual spending levels in FY 2011-12 for this same period. UTILITY FUND The FY 2012-13 annual expenditure budget of $36.7 M represents a $.7 M decrease from the FY 2011-12 budget of $37.4 M. The operational forecast may yield an estimated $2.2 M fund balance increase for the year based on the budget. FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 36,758$ 28,26377%$ 37,397$ 27,80674%-2%2% Expenditures$ (36,758)$ (27,460)75%$ (37,397)$ (23,387)63%-2%17% Excess (Deficit)$ -$ 803$ -$ 4,419 For the ninth month period in FY 2012-13,  Revenues realized are $28.2 M (77%) of the annual budget estimate.  Expenditures incurred are $27.4 M (75%) of the annual appropriated budget. This results in revenues in excess of expenditures yielding approximately $ 803 K. The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $28.2 M in FY 2012-13 actual revenues and fund balance increase are on target with the $27.8 M to date in FY 2011-12, because of two factors:  Water Sales - $14.0 M equivalent to 78% of the annual estimate, compared to $13.3 M or 72% at this point in FY 2011-12. 73 of 520  In FY 2012-13, $ 2.2 M is being recognized as an added increase to fund balance, compared to an added increase of $ 1.7 M in FY 2011-12. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY 2012-13 expenditures to date are $27.4 M or 75% of the annual appropriation compared to expenditures of $23.3 M or 63% for the prior fiscal year. The increase is due to a budgeted transfer to the Utility Renewal/Replacement capital fund that is in the FY 2012-13 budget. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 74 of 520 75 of 520 76 of 520 77 of 520 78 of 520 6. D CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-070 - Adopt EQUESTED CTION BY ITY OMMISSION the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal years 2013/2014 ER: The City of Boynton Beach is entering its seventeenth XPLANATION OF EQUEST year of receiving Federal Grant funds. The One Year Action Plan has been developed with the activities recommended and approved by the Commission at the June 18, 2013, meeting. The Commission approved the recommended grant amounts. H? Approval of the One Year Action OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Plan will fund services to the community that are eligible under the CDBG program and provided to our community by various organizations. Aid to Victims of Domestic Abuse............................................................ $ 15,000 Boynton Beach Faith-Based CDC ................................................................ 70,000 Community Caring Center ............................................................................ 39,327 SUB GRANTEE AMOUNT ...................................................................... $124,327 Planning & Administration ............................................................................ 92,436 City of Boynton Beach Recreation Department .......................................... $10,000 Fair Housing Initiatives ................................................................................. $5,000 Housing Rehabilitation & Delivery .............................................................. 230,419 TOTAL GRANT AMOUNT ....................................................................... $462,182 Economic Development (from previous year unexpended funds) .............. 187,000 TOTAL ..................................................................................................... $649,182 79 of 520 FI: The City of Boynton Beach expects to receive $462,182 in CDBG funds ISCAL MPACT for FY 2013/2014, with $124,327 to be granted to three (3) sub-grantees. The remaining grant dollars will assist with administrative costs, providing summer camp scholarships through the City’s Recreation and Parks Department, and allowing for housing rehabilitation and associated administrative costs. An additional $187,000 in unexpended funds from previous years will be allocated toward Economic Development. A: None at this time. LTERNATIVES 80 of 520 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH’S COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2013/2014; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in its seventeenth year of receiving Federal Grant Funds; and WHEREAS , the One Year Action Plan has been developed with the activities recommended and approved by the City Commission at their June 18, 2013 meeting. 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 the adoption of the City of Boynton Beach’s Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2013/14, a copy of which is attached hereto. Section 3. This Resolution will become effective immediately upon passage. 81 of 520 PASSED AND ADOPTED this ___ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ ATTEST: Commissioner – Joe Casello _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 82 of 520 83 of 520 84 of 520 85 of 520 86 of 520 87 of 520 88 of 520 89 of 520 90 of 520 91 of 520 92 of 520 93 of 520 94 of 520 95 of 520 96 of 520 97 of 520 98 of 520 99 of 520 100 of 520 101 of 520 102 of 520 103 of 520 104 of 520 6. E CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-071 - EQUESTED CTION BY ITY OMMISSION Accept the offer of $6,000 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Diane Dolphin of 318 Glen Arbor Terrace, Boynton Beach, Florida, 33426, in the amount of $50,000, and Waive the Right of First Refusal for this same property. ER: Ms. Dolphin purchased her home for $183,000 in January of XPLANATION OF EQUEST 2007 with assistance from the City of Boynton Beach’s first time homebuyer program. The City’s second mortgage, in the amount of $75,190, is a zero interest (0%) lien that runs concurrent with the first mortgage. Ms. Dolphin has suffered a substantial loss of income in recent years, and is about to be foreclosed upon. She was able to secure a buyer for the property, and her bank agreed to a short sale in the amount of $50,000; an appraisal of the property substantiates this information. This is in accordance with the short sale policy previously approved by the Commission. H? As most foreclosures are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES inevitable once Lis Pendens has been filed, it is in the City’s best interest to allow the property to be transferred to a new homeowner, which will help keep the neighborhood stabilized, and receive some form of monetary recoupment though small. FI: Should the property go into foreclosure, the City has virtually no ISCAL MPACT hope of regaining any funding, and there is no indication as to how the long the property would stay vacant in the neighborhood. Allowing the short sale and bank’s offer of $6,000 will allow the City to regain dollars to subsidize its current housing assistance funds. 105 of 520 A: Not to allow the short sale, and force the City into costly legal action LTERNATIVES with almost no chance of regaining any funds. 106 of 520 RESOLUTION R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE OFFER OF $6,000 AS SETTLEMENT OF THE CITY’S SECOND MORTGAGE AS A RESULT OF A PROPOSED SHORT SALE FOR DIANE DOLPHIN BASED ON THE CITY’S SHORT SALE POLICY FOR FIRST TIME HOMEBUYER ASSISTANCE PROGRAM; WAIVER OF RIGHT OF FIRST REFUSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, with the assistance of the City of Boynton Beach’s first time homebuyer assistance program Diane Dolphin purchased her home at 318 Glen Arbor Terrace, Boynton Beach, Florida for $183,000 in January of 2007; and WHEREAS , the City of Boynton Beach’s second mortgage in the amount of $75,190 is a zero interest (0%) lien that runs concurrent with the first mortgage; and WHEREAS, rather than be foreclosed upon, the homeowner was able to secure a buyer for the property and their bank has agreed to a short sale in the amount of $50,000; and WHEREAS, the proposed settlement offer is in accordance with the City’s Short Sale Policy for the City’s First Time Homebuyer Assistance Program; and WHEREAS , the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to accept the offer of $6,000 as settlement of the City’s second Mortgage as a result of the proposed short sale for Diane Dolphin and to authorize the Mayor to execute the Waiver of Right of First Refusal. 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 107 of 520 accepts the offer of $6,000 as settlement of the City’s Second Mortgage as a result of the proposed short sale for Diane Dolphin. Section 3. The Mayor is authorized to execute the Waiver of Right of First Refusal, a copy of which is attached hereto as Exhibit “A”. Section 4. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ________________________________ Vice Mayor – Woodrow L. Hay ________________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick ________________________________ Commissioner – Joe Casello ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Reso - Accept Dolphiin Short Sale.doc 108 of 520 109 of 520 110 of 520 111 of 520 112 of 520 113 of 520 114 of 520 115 of 520 116 of 520 117 of 520 118 of 520 119 of 520 120 of 520 121 of 520 122 of 520 123 of 520 124 of 520 125 of 520 126 of 520 127 of 520 128 of 520 129 of 520 130 of 520 6. F CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-072 - EQUESTED CTION BY ITY OMMISSION Approve Subordination Agreement allowing for a subordination of the City's Mortgage for James th and Karen Hannigan of 2389 S.W. 13 Way, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. EXPLANATION OF REQUEST: Subordination is the acceptance of new charges, claims or mortgages on a given property by a lender in first position on a mortgage. In subordination, the original lender looses its first or priority position on the property and becomes subordinate to the new charge, claim or mortgage. In this case, Mr. & Mrs. Hannigan purchased their home through the City’s First Time Homebuyer Program in 2008. Their current mortgage was financed on July 8, 2008, with Freedom Mortgage for $109,620 at 6.75% maturing August 1, 2038. The Hannigans want to refinance their home through Residential Finance Corporation to a current 25 year, FHA streamline mortgage for $103,426, at 4.50%. In doing so, they will reduce their monthly payments by $188.64. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: There is no affect to city programs or services; the Hannigans are merely taking advantage of the current lower interest rates and looking for financial relief. FISCAL IMPACT: There is no fiscal impact, as the City would still maintain its initial investment in the project of $29,000.00. ALTERNATIVES: Not to subordinate the mortgage. 131 of 520 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY’S MORTGAGE WITH JAMES HANNIGAN AND KAREN HANNIGAN IN FAVOR OF RESIDENTIAL FINANCE CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF RESIDENTIAL FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. 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 City Manager to execute a Subordination Agreement in favor of Residential Finance Corporation for James Hannigan and Karen Hannigan. 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 the request for subordination of the City’s Mortgages and authorize the City Manager to execute the Subordination Agreement for James Hannigan and Karen Hannigan in favor of Residential Finance Corporation, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 132 of 520 PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 133 of 520 This Instrument Prepared by: Stacey R. Weinger, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the “Agreement”) is made this _____ day of August, Residential 2013 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY") in favor of Finance Corporation (“Residential”). W I T N E S S E T H: WHEREAS, the CITY is the owner and holder of that certain promissory note and mortgage in the original principal amount of Twenty Nine Thousand and 00/100 Dollars ($29,000.00), executed on July 8, 2008, which Mortgage was recorded on July 14, 2008 in Official Records Book 22754, Page 0939 of the Public Records of Palm Beach County, Florida (hereinafter referred to as the “Mortgage”) by James Hannigan and Karen Hannigan, husband and wife (collectively referred to as the “Mortgagors”), and WHEREAS, Mortgagors are the owners in fee simple of the following described real property (the “Property”), which Property is encumbered by the Mortgage: Lot 13, Block 79, PLAT OF SEVENTH SECTION PALM BEACH LEISUREVILLE, according to the Plat thereof, as recorded in Plat Book 29, Page 145 of the Public Records of Palm Beach County, Florida. Parcel Control No. 08-43-45-29-12-079-0130 WHEREAS, Residential has agreed to refinance the Mortgagors loan, and grant a mortgage loan to the Mortgagors in the amount of $103,426.00 to be secured by a first mortgage encumbering the Property (hereinafter the “New Mortgage”), provided that the CITY’s Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount of $103,426.00 given by Mortgagors to Residential, of even date and simultaneously recorded herewith in the Public Records of Palm Beach 134 of 520 County, Florida. This subordination is only to the extent of the $103,426.00 loan and does not apply to any addition or future advances which may be made under the New Mortgage. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on August _____, 2013. CITY OF BOYNTON BEACH, a Signed, sealed and delivered Florida municipal corporation in the presence of: ____________________________ _______________________________ By: Lori LaVerriere, City Manager ____________________________ STATE OF FLORIDA COUNTY OF PALM BEACH Lori LaVerriere, The foregoing instrument was acknowledged before me on this day of August, 2013 by City Manager of theCity of Boynton Beach , on behalf of the CITY, who is either personally known to me or has produced a Florida Driver’s License as identification. ________________________________ NOTARY PUBLIC 135 of 520 136 of 520 137 of 520 138 of 520 139 of 520 140 of 520 141 of 520 142 of 520 143 of 520 144 of 520 145 of 520 146 of 520 147 of 520 148 of 520 149 of 520 150 of 520 151 of 520 152 of 520 153 of 520 154 of 520 155 of 520 156 of 520 157 of 520 158 of 520 6. G CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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 additional funds in the amount of $4,152 EQUESTED CTION BY ITY OMMISSION for an estimated total annual expense of $28,500 to Thyssen-Krupp Elevator for elevator service in City facilities. Thyssen-Krupp is an authorized vendor via The Cooperative Purchasing Network (TCPN) Contract #R5042. Blanket Purchase Order #130388 ER: The Public Works – Building & Grounds Division currently XPLANATION OF EQUEST has Blanket Purchase Order #130388 in the amount of $24,348. Thyssen-Krupp’s services include testing/inspections and repairs for seven (7) two-stop elevators based on the TCPN Contract #R5042. The increase is necessary due to newly mandated pressure testing for each elevator and a couple of unforeseen repairs that required parts. H? The State of Florida requires that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES elevators be registered annually with a Certificate of Operation and part of the compliance is that each elevator be under maintenance/service contract. Otherwise, the elevator(s) would have to be locked down at the first floor stop and not operated which would hinder accessibility to the upper floors. FI: Funding is being transferred in Account #001-2511-519-49.17 (Facilities ISCAL MPACT Management) and is available in Account #001-2612-571-46.20 (Schoolhouse Museum). A: Shut-down the elevators and be in violation of Federal ADA mandates. LTERNATIVES 159 of 520 160 of 520 161 of 520 162 of 520 163 of 520 164 of 520 165 of 520 166 of 520 167 of 520 6. H CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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: Motion to approve the Vehicles/Equipment EQUESTED CTION BY ITY OMMISSION submitted by Public Works/Fleet Maintenance for disposal. ER: Fleet Maintenance is submitting thirty six (36) items to be XPLANATION OF EQUEST disposed at auction utilizing the City of Boynton Beach contracted vendor JJ Kane. The proceeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. Public Works/ Fleet Maintenance requests Commission’s review, evaluation and approval to sell the surplus vehicles/equipment. H? The disposal of obsolete, damaged OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City’s fixed asset records. FI: The majority of the revenue generated from the sale of surplus ISCAL MPACT vehicles/equipment will be placed in the Fleet Maintenance Fund, and credited to the revenue account# 501-0000-365-01-00. The funds are use for the future procurement of vehicles/equipment. Proceeds from certain items that were originally purchased from other funds such as Golf or that were confiscated by the Police Department will be deposited into the appropriate funds. A: To hold public auction with staff which has been done in the past, but LTERNATIVES after expenses, it was not in the best interest of the City. 168 of 520 169 of 520 170 of 520 6. I CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-073 - Ratify EQUESTED CTION BY ITY OMMISSION the actions of the South Central Regional Wastewater Treatment and Disposal Board at their July 18, 2013 meeting and give authorization to do the following: 1) Approve the Third Amended Interlocal Government Agreement for biosolids processing and recycling ("Agreement") on the express condition that this agreement shall not be finalized by SCRWT&DB and delivered to the Authority until the Authority provides written confirmation that it has the funds on hand ($2,037,588) to pay SCRWT&DB and that upon delivery of the Agreement to the Authority, the Authority will pay SCRWT&DB the sum of $2,037,588; 2) Amend paragraph 5, Section 4 of "Vacation Leave" of the Board Rules; 3) Add the following subsection to section 5 "Sick Leave" of the Board Rules; 4) Accept the 2013/2014 Organizational Chart and Salary Ranges; 5) Establish user rate (O&M at $1.0326/1,000 Gal and R&R reserves at $0.1985/1,000 Gal) to Delray Beach and Boynton Beach for fiscal year 2013/2014: 1.2311/1,000 Gal; 6) Establish reclaim user rate at $0.19813/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for fiscal year 2013/2014; 7) Accept the 2013/2014 Wastewater and Reclaim O&M Budgets ER:ER: On July 18, 2013, the South XPLANATION OF EQUESTXPLANATION OF EQUEST Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on the item that is now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. 171 of 520 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI : N/A ISCAL MPACT A: Do not ratify the actions of South Central Regional Wastewater LTERNATIVES Treatment and Disposal Board. 172 of 520 RESOLUTION NO. R13-_____ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON JULY 18, 2013, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of July 18, 2013, as set forth in the attached Exhibit “A”. 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 does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on July18, 2013, as set forth on the attached Exhibit “A” and authorizes the City Manager and City Clerk to execute said Ratifications. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA _______________________________ Mayor – Jerry Taylor ________________________________ Vice Mayor – Woodrow L. Hay ________________________________ Commissioner – David T. Merker ATTEST: ________________________________ Commissioner – Michael M. Fitzpatrick _________________________ ____________________________ Janet M. Prainito, MMC Commissioner- Joe Casello City Clerk (Corporate Seal) 173 of 520 174 of 520 175 of 520 176 of 520 177 of 520 178 of 520 179 of 520 180 of 520 181 of 520 182 of 520 183 of 520 184 of 520 185 of 520 186 of 520 187 of 520 188 of 520 189 of 520 190 of 520 191 of 520 192 of 520 193 of 520 194 of 520 195 of 520 196 of 520 197 of 520 198 of 520 199 of 520 200 of 520 201 of 520 202 of 520 203 of 520 204 of 520 205 of 520 206 of 520 207 of 520 208 of 520 209 of 520 210 of 520 211 of 520 212 of 520 213 of 520 214 of 520 215 of 520 216 of 520 217 of 520 218 of 520 219 of 520 220 of 520 221 of 520 222 of 520 223 of 520 224 of 520 225 of 520 226 of 520 227 of 520 228 of 520 229 of 520 230 of 520 231 of 520 232 of 520 6. J CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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 piggyback of General Services EQUESTED CTION BY ITY OMMISSION Administration (GSA) Contract GS-27F-0002V (SBSA) & GS-27F-0003V with Office Elements (Adden Furniture distributor) with the same terms, conditions, specifications and pricing for the purchase of bunk room furniture for Fire Station #3 in the amount of $28,233.23 BT:O24,2008O24,2013 ID ERM CTOBER THRU CTOBER ER: Fire Station #3 began the construction of bunk rooms at the XPLANATION OF EQUEST beginning of June 2013 (R13-043). At the time of pre-construction, the only item discussed was the construction; it was later discovered that the furniture to outfit the rooms was needed as well. Currently, the furniture at Fire Station #3 is inadequate for an individual room due to the dimensions of the rooms and built-ins as part of the construction. Each room will contain one bed and three lockers to be shared by three different firefighters (one person per shift per room). The anticipated date of completion of the construction project is the beginning of October 2013 and the lead time for the fabrication of the furniture is eight weeks. The furniture needs to be at Fire Station #3 before the contractor is done with the project which will allow for adjustments as needed. The GSA contract process meets or exceeds the competitive procurement process of the City of Boynton Beach H? In order to function and perform OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES firefighting duties, members must have a place to rest during their 24 hour shift. Without 233 of 520 the proper furniture to fit the rooms, the firefighters would not have a suitable place to rest nor would they be able to perform their duties fully alert. FI: Purchase price of $28,233.23 will be paid from the Fire Donation ISCAL MPACT account number 691-5000-590-04-97. A: The City of Boynton Beach could issue its own bid for the purchase of LTERNATIVES bunks and lockers. 234 of 520 235 of 520 236 of 520 237 of 520 238 of 520 239 of 520 240 of 520 6. K CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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 payment of $14,272.50 to Hy-Byrd, Inc. of EQUESTED CTION BY ITY OMMISSION Lake Worth, Florida as final payment on Blanket Purchase order #130494 for a total purchase order amount of $32,877.50 for plan review and inspection tasks on an "as-needed basis." Hy- Byrd, Inc. was selected from written quotes in connection with this blanket purchase order. Accordingly, purchase orders exceeding $25,000 requires the City Commission approval. ER: The Building Department requested a blanket purchase XPLANATION OF EQUEST order #130494 to Hy-Byrd, Inc. based on written quotes for plan review and inspection tasks on an “as-needed basis” in December 2012. According to the City’s purchasing policy purchase orders under $25,000 require three (3) written quotes, which was provided. The purpose of utilizing this vendor was to supplement the Building Department’s work force to assist in plan review and inspections services when the demand increases or when City staff is unavailable in order to provide appropriate processing time for these requests and customer service. Once it was determined that this method was effective, the City prepared and advertised an RFP in April 2013 for these services. On June 18, 2013 the Commission awarded a contract to a primary and secondary vendor as a result of this RFP process. The Blanket Purchase Order #130494 was to provide the procurement method for paying for these services until the RFP was advertised and awarded. Unfortunately the Department experienced a sudden retirement of a Building Field Inspector the first of June. This created an additional need for the services from Hy-Byrd under the blanket 241 of 520 purchase order until the RFP was awarded on June 18, 2013. The additional services thru June 17, 2013 has caused the blanket purchase order #130494 to total $32,877.50, which requires the approval of the City Commission. Attached is a memo from the Building Department detailing the circumstance surrounding this purchase. H? This will provide the needed OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES approval in accordance with the City’s Purchasing Policies as to purchase orders in excess of $25,000 requiring approval by the City Commission. FI: Funding is available for this purchase order in account #001-2411-524- ISCAL MPACT 49.17. A: Not approve the payment of the expenses in excess of $25,000. LTERNATIVES 242 of 520 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 13-0029 Tim Howard, Director of Financial Services TO: Andrew P. Mack, Building Official/City Engineer FROM: July 23, 2013 DATE: Hy-Byrd, Inc. RE: Purchase Order #130494 Invoice #3427 Please accept this memorandum as background information regarding the above referenced invoice and purchase order. As part of the Building Divisions current operating procedures we utilize Hy-Byrd, Inc. on an as needed basis to supplement our work force to complete plan review and inspection tasks. In the past these services were paid on a 121 because of the as needed nature and the total amount of the costs involved. In November of 2012 per our discussion it was determined that a request for proposals (RFP) was required to obtain a contract for plan review and inspection services to supplement our work force in the Building Division. th On November 30, 2012 the Building Division solicited three (3) proposals from vendors to obtain a purchase order to allow the Building and Procurement Divisions enough time to properly prepare the RFP. th On December 4, 2013 a blanket purchase order #130494 was issued to Hy-Byrd, Inc. in an amount not to exceed $25,000 dollars. The purchase order amount was projected based on historical costs and would allow for enough time to complete the RFP process. th On April 26, 2013 the RFP was completed and a notice was advertised in the Palm Beach Post. th On May 20, 2013 the proposals were publically opened. Proposals were then evaluated by a selection committee based on the RFP criteria and the committee findings were presented to the thth Procurement Division on June 11, 2013. On June 18, 2013 the contract was awarded to the Primary vendor, Hy-Byrd, Inc., and the Secondary Vendor, GFA, International by the City Commission. Memorandum #13-029 243 of 520 th July 17, 2013 Page 2 th On June 4, 2013 Glen Steg, Building Field Inspector while on approved sick leave submitted his formal notice to retire. This was a sudden and unexpected retirement and has required the Building Division to utilize the inspection services of Hy-Byrd, Inc. for a fulltime field inspector during the month of June 2013 and ongoing until the position can be filled. During the transition time between the close out of purchase order #130494 and the issuance of the contract from the RFP the Building Division will need to exceed the authorized $25,000 dollar amount of purchase order #130494 in the amount of $6,395.00. As you can see from the above information and timeline this was an unforeseen event. If it was not for the unanticipated retirement of our Building Field Inspector we would have been able to close out purchase order #130494 as planned and transition to the new contract with Hy- Byrd, Inc. from the RFP. At your earliest convenience please prepare an agenda item to the City Commission to authorize the additional cost above the $25,000 dollars for the final invoice from Hy-Byrd, Inc. which will close out PO#130494. If you have any questions or need any further information please contact me in the Building Division at 561.742.6366. Thank you for your cooperation in this matter. XC: Nancy Byrne, Director of Development Attachments S:\Development\BUILDING\Memos\2013 Memos\13-029 Memo to Tim Howard_Hy-Byrd_Invoice#3427.doc 244 of 520 245 of 520 246 of 520 247 of 520 248 of 520 249 of 520 250 of 520 251 of 520 252 of 520 253 of 520 254 of 520 255 of 520 256 of 520 6. L CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-074 - EQUESTED CTION BY ITY OMMISSION Approve Third Amendment to Professional Services Agreement with American Traffic Solutions "ATS" The City entered into an Agreement with ATS on August 3, 2009 ER: XPLANATION OF EQUEST to implement a red light camera enforcement program in the City pursuant to City Ordinance 08- 034. On September 16, 2010, the City and ATS amended the Agreement (the “First Amendment”). On December 18, 2012 the City and ATS amended the Agreement (the “Second Amendment”) to place cameras at five (5) additional approaches. On June 18, 2013 the City Commission adopted Ordinance No. 13-019 establishing the City’s local hearing process for Red Light Camera citations. This is a result of the Governor signing Florida House Bill 7125 (“HB 7125”) which became effective July 1, 2013. The new legislation requires the City to conduct hearings at the Notice of Violation (NOV) stage, which requires the original Agreement between the City and ATS be amended in writing and duly executed by the parties. The third amendment (attached) will incorporate the services that the City will require of ATS to comply with the new legislation. This amendment provides for the vendor H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to incorporate required information into the noticing process and to work with the City as to the local hearings that are a result of the passage of HB 7125. 257 of 520 This amendment will allow for some additional mailing and administrative costs FI: ISCAL MPACT to be incurred by the vendor which in turn will be paid for by the City but has been accounted for in the development of the City’s administrative fine of $85 that the Commission as previously approved. The administrative fine is allowed under the HB7125 to recover the costs of the local municipality holding the hearings. The City Commission can elect not to enter into the Third Amendment. A: LTERNATIVES 258 of 520 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM AND AUTHORIZING EXECUTION OF THE THIRD AMENDMENT BY THE CITY MANAGER AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,in 2009, the City entered into an Agreement with American Traffic Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to City Ordinance 08-034; and WHEREAS , on September 16, 2010 and December 18, 2012, the City and ATS amended the Agreement; and WHEREAS , on June 18, 2013 the City Commission established the City’s local hearing process for Red Light Camera citations pursuant to Florida House Bill 7125; and WHEREAS , the Agreement between the City and ATS requires amendment to incorporate the services that the City will require of ATS to comply with the new legislation; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Third Amendment to Professional Services Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program and authorize the City Manager and City Clerk to execute the document. 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. 259 of 520 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the City Manager and City Clerk of the Third Amendment to Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program, 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 August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 260 of 520 261 of 520 262 of 520 6. M CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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 July 16, 2013 The City Commission met on July 16, 2013 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 263 of 520 264 of 520 265 of 520 266 of 520 267 of 520 268 of 520 269 of 520 270 of 520 271 of 520 272 of 520 273 of 520 274 of 520 275 of 520 276 of 520 6. N CONSENT AGENDA August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. 13-075 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to enter into agreements with Jon D. Gurney, P.A. and James D. Stokes to provide Special Magistrate services for the local hearings of the Red Light Camera violations. ER: The City Commission approved Ordinance No. 13-019 on XPLANATION OF EQUEST June 18, 2013 establishing the City’s local hearing process for Red Light Camera citations. As part of the local process the City needs to appoint at least one (1) Special Magistrate to consider appeals of these citations. The Ordinance also provided for the qualifications of the Special Magistrate. The City received inquiries from three (3) attorneys expressing interest in serving in this capacity. After reviewing the information provided from the attorneys the City decided to extend an offer to two (2) attorneys to serve as Special Magistrates for the City. The City intends to hold the hearings weekly in the Commission Chambers and have the Special Magistrates rotate on a monthly basis and if possible cover for each other in the event of a scheduling conflict. The intent is to have the hearings on the same day each week to start, with the possibility of adjusting the schedule based on caseload. The City would provide the necessary equipment and background documents for the Special Magistrates to conduct the hearings. 277 of 520 The attached agreements contain the following conditions for each Special Magistrate:  Compensation of $140/hour with no additional charge for mileage, travel time or incidentals;  Two (2) hour minimum on hearing session days;  City will compensate for actual time spent for any necessary training for the ATS system or pre hearing preparation H? Entering into these agreements for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Special Magistrate services will provide a necessary component for the City to conduct local hearings for Red Light Camera citations as outlined in Ordinance No. 13-019 that was approved by the Commission on June 18, 2013. FI: The estimated annual costs for these services were part of developing ISCAL MPACT the Administrative Fine of $85.00 per violation that was previously approved by City Commission to recover the costs of the City holding these hearings as allowed by the legislation that went into effect as of July 1, 2013. A: Not to enter into these agreements and either do a formal bid process LTERNATIVES or not hold the local hearings and cease the red light camera program. 278 of 520 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH APPOINTING JON D. GURNEY, P.A., AND JAMES D. STOKES TO SERVE AS SPECIAL MAGISTRATE FOR LOCAL RED LIGHT CAMERA HEARINGS; AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR SPECIAL MAGISTRATE SERVICES WITH EACH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Commission has adopted Ordinance No. 13-019 establishing a Special Magistrate to preside over local red light camera hearings; and WHEREAS , Jon D. Gurney, P.A., and James D. Stokes meet the requirements set forth in the City of Boynton Beach Code to serve as Special Magistrates to preside over local red light camera hearings as needed; and WHEREAS , Jon D. Gurney, P.A., and James D. Stokes do not currently prosecute red light camera violations and do not intend to prosecute such violations in the foreseeable future; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to appoint Jon D. Gurney, P.A., and James D. Stokes to serve as Special Magistrates and to authorize the City Manager to enter into Agreement for Special Magistrate Services with each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are incorporated herein by this reference. Section 2 : That the City Commission of the City of Boynton Beach, Florida hereby appoints Jon D. Gurney, P.A., and James D. Stokes, to serve as Special Magistrates and authorizes the City manager to enter into Agreement for Special Magistrate Services with each, copies of which are attached hereto as Exhibit “A” and “B” respectively. 279 of 520 Section 3: This resolution shall become effective upon its passage and adoption by the City Commission. PASSED AND ADOPTED this _________ day of __________, 2013. CITY OF BOYNTON BEACH _______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 280 of 520 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES THIS AGREEMENT, made and entered into the ____ day of ____________________, 2013 by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Boynton Beach Blvd, Boynton Beach,, FL 33425 (hereinafter referred to as "CITY"), AND Jon Gurney, P.A., a sole practitioner having the business address th 3770 NW 59 Avenue, Miami, FL 33166 (hereinafter referred to as "SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, the City of Boynton Beach (“City”) has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for enforcement of violations of the City’s Code of Ordinances and other violations of law through the use of Special Magistrates; and, WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008-034, which authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red light violations within the City; and, WHEREAS, In 2010, the Florida Legislature adopted the “Mark Wandall Traffic Safety Program,” § 316.0083, Florida Statutes (the “State Act”), which, among other things, expressly preempted to the State the subject matter of using unmanned cameras/monitoring devices, referred to as traffic infraction detectors, in the State Act as defined therein, to enforce violations of red light indications on traffic control devices as of July 1, 2010; and, WHEREAS, on July 20, 2010, the City Commission adopted Ordinance 2010-015, to conform the City’s Code of Ordinances to the State Act; and, WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed legislation, Chapter 2013-160, Laws of Florida, which provides for municipalities to conduct local hearings for persons that receive Notices of Violation (NOV) and request a hearing to contest such NOV; and, WHEREAS, at its meeting of June 18, 2013, the City Commission adopted Ordinance 2013-019 to conform the City’s red light camera program to the new State Act; and WHEREAS, at its meeting of June 18, 2013, the City Commission, pursuant to Ordinance 2013-019, authorized the City Administration to take all steps necessary to implement the red light camera Notice of Violation hearings required by state law, including the hiring of Special Magistrates; and 281 of 520 WHEREAS, Jon Gurney, P.A. (hereinafter referred to as the “SPECIAL MAGISTRATE”) is qualified to serve a Special Magistrate; and WHEREAS, the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II, Section 5(a) of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in order to set out the terms and conditions of employment related to this appointment; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and Jon Gurney, P.A., agree as follows: Section 1. Recitals. The recitals and findings set forth above are hereby adopted by reference and incorporated herein as if fully set forth in this section. Section 2. Services. A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by adjudicating red light camera cases that may be assigned to SPECIAL MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings shall be established by the CITY and may be amended from time to time. SPECIAL MAGISTRATE understands that Special Magistrates will be utilized for hearings on a rotational basis. SPECIAL MAGISTRATE is authorized to hear any and all red light camera matters as specified by Florida law and authorized by the City Code. B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written order, which shall include findings of fact and conclusions of law, shall be promptly prepared and executed by SPECIAL MAGISTRATE, either electronically or manually, in the manner specified by the CITY and in compliance with the State law. The CITY shall be responsible for furnishing a copy of the order to the applicable parties. C. SPECIAL MAGISTRATE is an independent contractor under this Agreement. Services provided by SPECIAL MAGISTRATE shall not be as an officer or an employee of the CITY. D. SPECIAL MAGISTRATE is a member in good standing of the Florida Bar engaged in the private practice of law. E. SPECIAL MAGISTRATE has no existing client relationship which would pose a conflict of interest to his service as a Special Magistrate for CITY. SPECIAL MAGISTRATE does not currently prosecute red light camera violations in any 282 of 520 form and does not intend to prosecute such violations in the foreseeable future. Should SPECIAL MAGISTRATE commence prosecution of red light camera violation cases, SPECIAL MAGISTRATE shall not be permitted to adjudicate the CITY’S red light camera cases, and this agreement shall terminate immediately without any further action required by the CITY. Section 3. Payment. A. CITY agrees to pay SPECIAL MAGISTRATE One Hundred Forty Dollars and 00/100 ($140.00) per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE under the conditions set forth in this agreement. Such invoice shall be submitted to: City of Boynton Beach, Attention: Accounts Payable, 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425. C. Payment shall be made monthly to the SPECIAL MAGISTRATE at: Jon Gurney, P.A. th 3770 NW 59 Avenue Miami, FL 33166 Section 4. Term of Agreement. A. This Agreement shall be effective upon the approval of the City Commission and shall be effective until terminated by the CITY or as otherwise provided herein. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City Commission and without cause. B. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty (30) calendar days’ written notice to the CITY. Section 5. Amendments; Assignments. A. No modification, amendment or alteration in the terms of conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party without the prior written consent of the CITY. 283 of 520 THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 284 of 520 IN WITNESS WHEREOF , the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. CITY ATTEST: CITY OF BOYNTON BEACH, FLORIDA: ____________________________________ ____________________________________ Janet Prainito, City Clerk BY: LORI LAVERRIERE, City Manager APPROVED AS TO FORM: _________________________________ OFFICE OF THE CITY ATTORNEY SPECIAL MAGISTRATE ______________________________________ Jon Gurney, P.A. State of ____________ County of ____________ The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the ______ day of _____________________, 2013 by (Magistrate), Esquire. WITNESS my hand and official seal __________________________ Notary Public, State of ________________________________ Printed, typed or stamped name of Notary Public exactly as commissioned Personally known to me, or Produced identification: __________________________ (type of identification produced) 285 of 520 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES THIS AGREEMENT, made and entered into the ____ day of ____________________, 2013 by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Boynton Beach Blvd, Boynton Beach,, FL 33425 (hereinafter referred to as "CITY"), AND James D. Stokes, a sole practitioner having the business address 100 Rialto Place, Suite 700, Melbourne, FL 32901 (hereinafter referred to as "SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, the City of Boynton Beach (“City”) has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for enforcement of violations of the City’s Code of Ordinances and other violations of law through the use of Special Magistrates; and, WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008-034, which authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red light violations within the City; and, WHEREAS, In 2010, the Florida Legislature adopted the “Mark Wandall Traffic Safety Program,” §316.0083, Florida Statutes (the “State Act”), which, among other things, expressly preempted to the State the subject matter of using unmanned cameras/monitoring devices, referred to as traffic infraction detectors, in the State Act as defined therein, to enforce violations of red light indications on traffic control devices as of July 1, 2010; and, WHEREAS, on July 20, 2010, the City Commission adopted Ordinance 2010-015, to conform the City’s Code of Ordinances to the State Act; and, WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed legislation, Chapter 2013-160, Laws of Florida, which provides for municipalities to conduct local hearings for persons that receive Notices of Violation (NOV) and request a hearing to contest such NOV; and, WHEREAS, at its meeting of June 18, 2013, the City Commission adopted Ordinance 2013-019 to conform the City’s red light camera program to the new State Act; and WHEREAS, at its meeting of June 18, 2013, the City Commission, pursuant to Ordinance 2013-019, authorized the City Administration to take all steps necessary to implement the red light camera Notice of Violation hearings required by state law, including the hiring of Special Magistrates; and 286 of 520 WHEREAS, James D. Stokes (hereinafter referred to as the “SPECIAL MAGISTRATE”) is qualified to serve a Special Magistrate; and WHEREAS, the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II, Section 5(a) of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in order to set out the terms and conditions of employment related to this appointment; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and James D. Stokes, agree as follows: Section 1. Recitals. The recitals and findings set forth above are hereby adopted by reference and incorporated herein as if fully set forth in this section. Section 2. Services. A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by adjudicating red light camera cases that may be assigned to SPECIAL MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings shall be established by the CITY and may be amended from time to time. SPECIAL MAGISTRATE understands that Special Magistrates will be utilized for hearings on a rotational basis. SPECIAL MAGISTRATE is authorized to hear any and all red light camera matters as specified by Florida law and authorized by the City Code. B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written order, which shall include findings of fact and conclusions of law, shall be promptly prepared and executed by SPECIAL MAGISTRATE, either electronically or manually, in the manner specified by the CITY and in compliance with the State law. The CITY shall be responsible for furnishing a copy of the order to the applicable parties. C. SPECIAL MAGISTRATE is an independent contractor under this Agreement. Services provided by SPECIAL MAGISTRATE shall not be as an officer or an employee of the CITY. D. SPECIAL MAGISTRATE is a member in good standing of the Florida Bar engaged in the private practice of law. E. SPECIAL MAGISTRATE has no existing client relationship which would pose a conflict of interest to his service as a Special Magistrate for CITY. SPECIAL MAGISTRATE does not currently prosecute red light camera violations in any 287 of 520 form and does not intend to prosecute such violations in the foreseeable future. Should SPECIAL MAGISTRATE commence prosecution of red light camera violation cases, SPECIAL MAGISTRATE shall not be permitted to adjudicate the CITY’S red light camera cases, and this agreement shall terminate immediately without any further action required by the CITY. Section 4. Payment. A. CITY agrees to pay SPECIAL MAGISTRATE One Hundred Forty Dollars and 00/100 ($140.00) per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE under the conditions set forth in this agreement. Such invoice shall be submitted to: City of Boynton Beach, Attention: Accounts Payable, 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425. C. Payment shall be made monthly to the SPECIAL MAGISTRATE at: James D. Stokes 100 Rialto Place, Suite 700 Melbourne, FL 32901 Section 5. Term of Agreement. A. This Agreement shall be effective upon the approval of the City Commission and shall be effective until terminated by the CITY or as otherwise provided herein. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City Commission and without cause. B. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty (30) calendar days’ written notice to the CITY. Section 6. Amendments; Assignments. A. No modification, amendment or alteration in the terms of conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party without the prior written consent of the CITY. 288 of 520 THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 289 of 520 IN WITNESS WHEREOF , the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. CITY ATTEST: CITY OF BOYNTON BEACH, FLORIDA: ____________________________________ ____________________________________ Janet Prainito, City Clerk BY: LORI LAVERRIERE, City Manager APPROVED AS TO FORM: _________________________________ OFFICE OF THE CITY ATTORNEY SPECIAL MAGISTRATE ______________________________________ James D. Stokes State of ____________ County of ____________ The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the ______ day of _____________________, 2013 by (Magistrate), Esquire. WITNESS my hand and official seal __________________________ Notary Public, State of ________________________________ Printed, typed or stamped name of Notary Public exactly as commissioned Personally known to me, or Produced identification: __________________________ (type of identification produced) 290 of 520 291 of 520 292 of 520 293 of 520 294 of 520 295 of 520 296 of 520 297 of 520 298 of 520 299 of 520 300 of 520 301 of 520 302 of 520 7. A BIDS AND PURCHASES OVER $100,000 August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-076 - EQUESTED CTION BY ITY OMMISSION Approve a contract with Ric-Man Construction Florida, Inc. for the Raw Water Main - Section B project, Bid No. 041-2821-13/DJL in the amount of $3,112,000 plus a 10% contingency of $311,200 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $3,423,200. ER: On March 15, 2013, the City of Boynton Beach advertised XPLANATION OF EQUEST an Invitation to Bid for the Raw Water Main - Section B project, Bid No. 041-2821-13/DJL. Bid proposals were received and publicly opened on April 24, 2013. Twelve (12) bids were received, and Ric-Man Construction Florida, Inc. (Ric-Man Construction) was identified as the apparent low bidder. The Engineer of Record for the project, Erdman Anthony, conducted reference checks for the three (3) lowest bidders. While reviewing the bid submittals, it was found that the low bidder, Ric-Man Construction, had a past litigation with the City. After confirming with the City Attorney that the prior issues had been settled it was decided that a pre-award meeting with the vendor would be in the best interest of the City. Subsequently, a pre-award meeting was scheduled to ensure that Ric-Man Construction and the City had a thorough understanding of their roles and responsibilities in connection with this contract in an effort to avoid issues similar to those in the past. The pre-award meeting was held on July 10, 2013 with representatives of Ric-Man Construction, Erdman Anthony, and City staff. At the conclusion of the meeting, Erdman Anthony, Procurement/Finance, and the Utilities Department recommended awarding the contract to Ric-Man Construction as the lowest responsive, responsible 303 of 520 bidder. Attached are the Procurement/Finance memorandum, Erdman Anthony’s recommendation letter, and the detailed bid tally sheet for all bidders. The scope of work for this project includes approximately 9,500 linear feet of 36-inch raw water main with all fittings, valves, and connections along the Woolbright Road corridor from the intersection of Woolbright Road and Military Trail to the intersection of Woolbright Road and Congress Avenue, a portion of which is within the Lake Worth Drainage District right-of-way. H? This project, known as Section B, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES represents the second pipe segment of a 6-mile raw water main pipeline which will connect the western wellfield to the East Water Treatment Plant to meet the future water demand of the residents and businesses within the Utilities Department’s service area. This project is in accordance with the City’s Water Use Permit from the South Florida Water Management District. Section A has been completed, and Section C will be bid later in 2013. FI: The total authorized funding for the project including the 10% ISCAL MPACT contingency is $3,423,200. Funding is available in the Utilities CIP Project WTR136, account number 404-5010-533-65-01. A: Not to award this bid and re-bid the project. This is a critical project in LTERNATIVES accordance with the City’s Water Use Permit from the South Florida Water Management District, and as such staff recommends awarding to Ric-Man Construction. 304 of 520 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND RIC-MAN CONSTRUCTION FLORIDA, INC., FOR RAW WATER MAIN – SECTION B PROJECT IN RESPONSE TO BID NO. 041-2821-13/DJL IN THE AMOUNT OF $3,112,000 PLUS A 10% CONTINGENCY OF $311,200 FOR UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE OF $3,423,200; AUTHORIZING EXECUTION BY THE CITY MANAGER AND CITY CLERK ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,on April 24, 2013 Procurement Services received and opened twelve (12) bids in response to Bid 041-2821-13/DJL for Raw Water Main – Section B project; and WHEREAS , after reviewing the bids submitted, Erdman Anthony, Procurement Services and the Utilities Department all recommend awarding the Contract to Ric-Man Construction Florida, Inc., as the lowest, most responsive, responsible bidder who met all specifications; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Contract for Raw Water Main – Section B project with Ric-Man Construction Florida, Inc., in the amount of $3,112,000 plus a 10% contingency of $311,200 for a total expenditure of $3,423,200. 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 a Contract with Ric-Man Construction Florida, Inc., for Raw Water Main – Section B project in the amount of $3,112,000 plus a 10% contingency of $311,200 for a total expenditure of $3,423,200 and authorize the City Manager and City Clerk to execute the 305 of 520 Contract, 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 August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 306 of 520 307 of 520 308 of 520 309 of 520 310 of 520 311 of 520 312 of 520 313 of 520 314 of 520 315 of 520 316 of 520 317 of 520 318 of 520 319 of 520 320 of 520 321 of 520 322 of 520 323 of 520 324 of 520 325 of 520 326 of 520 327 of 520 328 of 520 329 of 520 330 of 520 331 of 520 332 of 520 333 of 520 334 of 520 335 of 520 336 of 520 337 of 520 338 of 520 339 of 520 340 of 520 341 of 520 342 of 520 343 of 520 344 of 520 345 of 520 346 of 520 347 of 520 348 of 520 349 of 520 350 of 520 351 of 520 352 of 520 353 of 520 354 of 520 355 of 520 356 of 520 357 of 520 358 of 520 359 of 520 360 of 520 361 of 520 362 of 520 363 of 520 364 of 520 365 of 520 CONSTRUCTION CONTRACT RAW WATER MAIN – SECTION “B” THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as “CITY”, and RIC-MAN CONSTRUCTION FLORIDA, INC., a corporation authorized to do business in the State of Florida, hereinafter referred to as the “CONTRACTOR”. WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of August, 6, 2013, by Resolution No.:________, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.:041-2821-13/DJL, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: Raw Water Main – Section “B”, Invitation to Bid #041-2821-13/DJL. Article 2. CONSULTANT. Erdman Anthony (“CONSULTANT”) has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 270 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, Two Thousand and Thirty Dollars ($2,030) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the 366 of 520 WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Two Thousand and Thirty Dollars ($2,030) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from the application of unit prices to the quantities shown in the Bid Form or the not to exceed: combination of both) Three Million, One Hundred and Twelve Thousand ($3,112,000.00) (Written) (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 367 of 520 a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SubCONTRACTORs or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor’s Performance and Payment Bond 7.6 General Conditions 7.7 Supplementary Conditions 7.8 Technical Specifications 7.9 Drawings 7.10 Addendum No. 1 Dated April 9, 2013 Addendum No. 2 Dated April 18, 2013 368 of 520 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Copy to: Procurement Services Division Attn: Christopher Roscheck, Engineer Manager Attn: Director of Financial Services Attn: City of Boynton Beach 100 E. Boynton Beach Boulevard 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Boynton Beach FL 33425 Tel (561) Tel (561) 742-6311 Fax (561) Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: RIC-MAN CONSTRUCTION FLORIDA, INC. 3100 S.W. 15 th Street Deerfield Beach, Florida 33442 Attn: Daniel Mancini Tel: 954-426-1221 Fax: 954-426-1226 Article 9. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. MISCELLANEOUS. 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 369 of 520 ARTICLE 12 – PUBLIC RECORDS 12.1 The City of Boynton Beach is a public agency subject to Chapter, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 12.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 17. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF , the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH ______________________________ ____________________________ City Manager Contractor Attest/Authenticated: ____________________________ Title _________________________________ (Corporate Seal) City Clerk 370 of 520 Approved as to Form: Attest/Authenticated: __________________________ __________________________________ Office of the City Attorney Secretary PERFORMANCE BOND BOND NO.:___________ NOTE:Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted along with this Form. One (1) set of originals will be required. KNOW ALL MEN BY THESE PRESENTS : that __________________________________ (insert name of Contractor) ________________________________________________________ as Principal, (address or legal title of Contractor) hereinafter called Contractor, and __________________________________________________ (name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of ____________________________________________________ Dollars ($_____________________), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS , Contractor has by written agreement dated ______________________________, 20____, entered into a contract with Owner for 371 of 520 ______________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. 372 of 520 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. 373 of 520 Signed and sealed this __________ day of ____________________, 20____. _______________________________________ Principal (Seal) ________________________________ Witness _______________________________________ Title _______________________________________ Surety ________________________________ Witness _______________________________________ Attorney-in-Fact END OF PERFORMANCE BOND PAYMENT BOND BOND NO.:___________ NOTE:Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted along with this Form. One (1) set of originals will be required. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS : that ___________________________________ (insert name of Contractor) ________________________________________________________ as Principal, (address or legal title of contractor) hereinafter called Principal, and ___________________________________________________ (name and address of Surety) ____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter 374 of 520 called Owner, for the use and benefit of claimants as herebelow defined, in the amount of _______________________________________________________________________ Dollars ($_____________), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS , Principal has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ __________________________________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond 375 of 520 is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this __________ day of ____________________, 20____. _______________________________________ Principal (Seal) __________________________________ Witness _______________________________________ Surety __________________________________ Witness _______________________________________ Attorney-in-Fact END OF PAYMENT BOND CITY OF BOYNTON BEACH WARRANTY OF TITLE 376 of 520 STATE OF FLORIDA COUNTY OF__________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a Florida Corporation (______) Check One a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 20___ ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) 377 of 520 7. B BIDS AND PURCHASES OVER $100,000 August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-077 - EQUESTED CTION BY ITY OMMISSION Approve the piggy-back of the GSA contract # GS-07F-9491G with Xylem for the purchase of four Dri-Prime Pumps to provide back-up pumping at Lift Stations 708, 102, 207 & 922 for a total price of $157,008.80. The GSA contract meets or exceeds the competitive procurement process required by the City of Boynton Beach. ER: The utility department has been installing back-up XPLANATION OF EQUEST equipment at many of the high priority lift stations to ensure continuation of service during power emergencies such as post a major storm event. The Dri-Prime pumps are a suitable alternative to a generator as they utilize less fuel and have special sound proofing to minimize noise in busy neighborhoods. The units are installed permanently at the lift station and the pump only operates when required and otherwise shuts down. The following stations have been chosen based upon the station loading and the capacity of the wet well: 708 – Sunny South 102 – St. Andrews 207 – Colonial Club 922 – Nautica Sound H? The pumps will provide on-site OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES back-up to existing systems and improve the reliability of the wastewater collection system, reducing the risk of a sanitary sewer overflow. 378 of 520 FI: Funds are available in the CIP Budget in account 403-5000-535-65.04, ISCAL MPACT Project SWR 108. A: Do not provide back-up pumping at these stations and rely upon mobile LTERNATIVES generators being brought to the site when weather conditions permit. 379 of 520 380 of 520 381 of 520 382 of 520 383 of 520 384 of 520 385 of 520 386 of 520 387 of 520 388 of 520 389 of 520 390 of 520 391 of 520 392 of 520 393 of 520 394 of 520 395 of 520 396 of 520 397 of 520 398 of 520 399 of 520 RESOLUTION NO. R13- _____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACKING OF A GSA CONTRACT #GS- 07F-9491G WITH XYLEM FOR THE PURCHASE OF FOUR DRI-PRIME PUMPS AS BACK-UP PUMPS FOR LIFT STATIONS 708, 102, 207 & 922 FOR A TOTAL PRICE OF $157,008.80; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utility Department has been installing back-up equipment at many of the high priority lift stations to ensure continuation of service during power emergencies such as a post major storm event; and WHEREAS, Dri-Prime pumps are a suitable alternative to a generator as they utilize less fuel and have special sound proofing to minimize noise in busy neighborhoods; and WHEREAS, City staff recommends piggy-backing of the GSA contract #GS-07F- 9491G with Xylem for the purchase of four Dri-Prime Pumps to provide back-up pumping at Lift Stations 708, 102, 207 & 922 for a total price of $157,008.08. 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 hereby approves the piggy-backing of the GSA contract #GS-07F-9491G with Xylem for the purchase of four Dri-Prime Pumps to provide back-up pumping at Lift Stations 708, 102, 207 & 922 for a total price of $157,008.08. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of August, 2013. 400 of 520 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael T. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 401 of 520 7. C BIDS AND PURCHASES OVER $100,000 August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-078 - EQUESTED CTION BY ITY OMMISSION Approve a one-year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA Healthcare for the plan year October 1, 2013 through September 30, 2014 as provided under the Terms of the contract with CIGNA and the City of Boynton Beach. PROVIDERAGREEMENTPERIOD:OCTOBER1,2013THROUGHSEPTEMBER30,2014 ER: A Request for Proposal (RFP) 046-1610-10/CJD was issued XPLANATION OF EQUEST for Group Benefits Medical Claims Administration (TPA) Services - a Fully Insured Medical Plan by Procurement Services. The Proposals were opened on June 2, 2010 with five healthcare companies responding to this RFP. The City’s Human Resources staff (Review Committee) ranked the proposals based on criteria stated in the RFP. CIGNA received the highest ranking with a score of 95 out of a possible 100 points. The City’s Insurance Committee, a cross functional team with representation from the Unions and general employees met to review the proposals. The Insurance Committee and the Review Committee recommended awarding the medical insurance agreement for the period October 1, 2010 through September 30, 2011 to CIGNA Healthcare as the most responsive, beneficial healthcare plan. On July 20, 2010, Commission approved Resolution No. R10-094 authorizing the City Manager and City Clerk to execute the Provider Agreement with CIGNA Healthcare. Under the Term of the Provider Agreement, the City has the option to extend for three additional one-year periods. On July 5, 2011 the City Commission approved Resolution No. R11-072 that approved a one-year extension period from October 1, 2011 through 402 of 520 September 30, 2012. On September 4, 2012 the City Commission approved Resolution No. R12-093 that approved a one-year extension period for the period October 1, 2012 through September 30, 2013. The City’s benefit consultant, The Gehring Group, requested a quote from CIGNA, the current health insurance carrier, for extension period of October 1, 2013 through September 30, 2014. CIGNA Healthcare has provided a renewal quote that keeps the plan benefit the same but increases the monthly premium by approximately 10.86%. (Attached Proposal #1120031) The impact on the monthly rates would be: Current Renewal Increase Employee $660.85 $732.62 10.86% Employee + Spouse $1,282.05 $1,421.28 10.86% Employee + Children $1,189.54 $1,318.72 10.86% Employee + Family $1,473.70 $1,683.74 10.86% This offer was a result of discussions with The Gehring Group (the City’s Benefits Consultants) and reviewing the City’s claims experience and various factors that are utilized to determine a plan’s rate structure. After reviewing the City’s claims experience and CIGNA’s renewal offer, it was the opinion of Gehring that it would be to the City’s benefit to accept CIGNA’s renewal quote to continue with the fully insured plan for the plan year October 1, 2013 thru September 30, 2014. The annual expenses for the Health Insurance Plan for the current and previous fiscal years are as follows: FY 2010/2011 $5,290,202.68 FY 2011/2012 $4,904,166.08 FY 2012/2013(to date) $4,652,778.20 H? An extension of the current OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Provider Agreement for healthcare services will provide continued health coverage for City employees and dependents. 403 of 520 FI: Estimated City expense for Health Insurance premiums for FY 2013- ISCAL MPACT 2014 will see an increase of 10.86% compared to the current amount in Fiscal Year 2012-2013. This increase has been taken into account in the FY2013-2014 proposed budget. A: Do not extend current provider agreement and issue new RFP for LTERNATIVES Health Insurance program for the upcoming year. 404 of 520 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING A ONE YEAR EXTENSION OF A PROVIDER AGREEMENT FOR RFP #046-1610-10/CJD “GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLANS” WITH CIGNA CORPORATION, FOR MEDICAL INSURANCE FROM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on July 20, 2010, the City Commission of the City of Boynton Beach approved the award of a Provider Agreement to CIGNA HealthCare for Group Benefits Medical Claims Administration Services and/or Fully Insured Plan for the one year term from October 1, 2010 to September 30, 2011; and WHEREAS, the Provider Agreement had the option to extend the Agreement for three additional one-year periods; and WHEREAS , this extension is the third of the three additional one-year periods to extend; 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 one year extension of a Provider Agreement with CIGNA HealthCare for the medical insurance plan for a term commencing October 1, 2013 to September 30, 2014, for all city employees. 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 a one year extension of the Provider Agreement to CIGNA HealthCare for the medical insurance plan for a one year term commencing October 1, 2013 to September 30, 2014 for all city employees, a copy of which is attached hereto as Exhibit “A”. 405 of 520 Section 3. The City Manager and City Clerk are authorized to execute the Provider Agreement with CIGNA HealthCare. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 406 of 520 407 of 520 408 of 520 409 of 520 410 of 520 411 of 520 412 of 520 413 of 520 414 of 520 415 of 520 416 of 520 417 of 520 418 of 520 419 of 520 PROVIDER AGREEMENT FOR “GROUP BENEFITS: MEDICAL COVERAGE FULLY INSURED PLAN” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to _CIGNA HealthCare________________ as “the City”, and , hereinafter referred to as “the Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROVIDER 1.PROJECT DESIGNATION. The Provider is retained by the City to perform 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. Also to incorporate information outlined in Proposal #1120031 included in Exhibit “A”. No additional modifications other than those described in the Proposal #1120031 letter will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement. 4.TERM: October 1, 2013 through September 30, 2014. 5.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: Monthly basis per eligible employee and dependent for medical coverage invoiced by Provider. 6.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7.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. 8.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. 420 of 520 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. 9.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. 10.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. 11.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. 12 ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. 13. 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. 14. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Provider. b..In the event of the death of a member, partner or officer of the Provider, or any of its supervisory personnel assigned to the project, the surviving members of the Provider 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 Provider and the City, if the City so chooses. 15. 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. 421 of 520 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 ATTN: Patricia Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 140 Sunrise, FL 33323 ATTN: Tina Velez 17. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 5.Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 6.Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; 7.Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 8.Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 14. 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. 422 of 520 DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ Interim City Manager Provider Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary Rev. 1/22/91 “EXHIBIT A” SCOPE OF SERVICES 423 of 520 7. D BIDS AND PURCHASES OVER $100,000 August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-079 - EQUESTED CTION BY ITY OMMISSION Approve provider agreement with Metropolitan Life Insurance Company of Plantation, FL (MetLife) for City's "FULLY INSURED DENTAL PLAN", this is the last renewal period provided for under RFP #060-1610-11/JMA. PAP: October 1, 2013 thru September 30, 2014 ROVIDER GREEMENT ERIOD ER: The City awarded a provider agreement to MetLife for the XPLANATION OF EQUEST City’s Fully Insured Dental Plan on August 2, 2011 as a result of RFP #060-1610- 11/JMA for the period October 1, 2011 thru September 30, 2012. The RFP allowed for the City to renew for two (2) additional one (1) year periods. The City renewed for the period October 1, 2012 thru September 30, 2013. The Gehring Group requested a renewal quote from MetLife on behalf of the City for the period October 1, 2013 thru September 30, 2014. The initial renewal quote from MetLife included a 14% rate increase, after additional discussions MetLife revised their renewal quote down to a 7% rate increase. After reviewing the City’s claims experience and reviewing the renewal quote, the City’s benefit consultant, The Gehring Group, recommended that the City accept the renewal quote from MetLife with the 7% rate increase. The renewal quote has the same Dental Plan Benefits with proposed monthly rates as follow: 424 of 520 Current Effective 10/1/13 Employee $27.55 $29.48 Employee + Family $77.06 $82.45 The annual expenses for the Dental Plan for the current and previous fiscal years are as follow: FY 2010/2011 $ 297,883.98 FY 2011/2012 $ 258,809.40 FY 2012/2013(to date) $ 213,995.88 H? Providing the dental plan as part of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City’s overall benefit package to employees assists in recruiting and maintaining employees. FI: The expected increase in dental premium costs were included in the ISCAL MPACT preparation of the FY 2013/14 budget. A: Do not approve the renewal Provider Agreement for the City’s Dental LTERNATIVES Plan with MetLife and re-issue a bid for the City’s Dental Plan. The City’s Benefits Consultant (Gehring Group) and staff recommend renewing the City’s Dental Plan to MetLife. 425 of 520 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE RENEWAL OF A PROVIDER AGREEMENT WITH METROPOLITAN LIFE INSURANCE COMPANY OF PLANTATION, FLORIDA FOR THE RFP #060-1610-11/JMA “FULLY INSURED DENTAL PLAN” TO METROPOLITAN LIFE INSURANCE COMPANY OF PLANTATION, FLORIDA FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROVIDER AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND METROPOLITAN LIFE INSURANCE COMPANY FOR DENTAL COVERAGE; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on August 2, 2011, the City Commission awarded a Provider Agreement to MetLife for the City’s Fully Insured Dental Plan as a result of RFP #060-1610-11/JMA; and WHEREAS, the RFP allowed for two (2) additional one (1) year period renewals of which the City has already used one renewal; 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 renewal of the Provider Agreement for the RFP #060-1610-11/JMA “Fully Insured Dental Plan” to Metropolitan Life Insurance Company of Plantation, Florida for the period October 1, 2013 through September 30, 2014 and authorizes the City Manager to execute the Provider Agreement between the City of Boynton Beach and Metropolitan Life Insurance Company for dental coverage. 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 the renewal of the Provider Agreement for the RFP #060-1610-11/JMA “Fully Insured 426 of 520 Dental Plan” to Metropolitan Life Insurance Company of Plantation, Florida for the period October 1, 2013 through September 30, 2014. Section 3. The City Manager is authorized to execute the Provider Agreement with Metropolitan Life Insurance Company for dental coverage, a copy of which is attached hereto as Exhibit “A”. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 427 of 520 428 of 520 429 of 520 430 of 520 431 of 520 432 of 520 433 of 520 434 of 520 PROVIDER AGREEMENT FOR GROUP BENEFITS: FULLY INSURED DENTAL PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to _Metropolitan Life Insurance Company (MetLife)_ as “the City”, and , hereinafter referred to as “the Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. FULLY 12.PROJECT DESIGNATION. The Provider is retained by the City to provide a INSURED DENTAL PLAN for the City of Boynton Beach. 13.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. 14.TIME FOR PERFORMANCE. Work under this agreement 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 for the period beginning October 1, 2013 thru September 30, 2014, unless an extension of such time is granted in writing by the City. 15.TERM: This Agreement shall be for a period of one (1) year commencing on October 1, 2013 thru September 30, 2014. 16.PAYMENT. The Provider shall be paid by the City for services rendered under this agreement as follows: a. The monthly premium based on number of enrollees for the City’s FULLY INSURED DENTAL PLAN , as referred to herein, for services provided under this agreement for the entire term of the Agreement b. The Provider’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 17.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications 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 drawings and specifications for information, reference and use in connection with Provider’s endeavors. 18.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 19.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 435 of 520 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. 20.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 21.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. 22.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bona-fide 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 bona-fide 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. 23.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. 24.ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 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. a. The City reserves the right to terminate this Agreement at any time by giving thirty 436 of 520 (30) days written notice to the Provider. 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 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Provider shall be sent to the following address: Metropolitan Life Insurance Company ATTN: Eric Ryan 1200 South Pine Island Road Suite 770 Plantation, FL 33324 18. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 9.Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 10.Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; 11.Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 12.Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 15. 19. 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. 437 of 520 DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Provider Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary EXHIBIT “A” Scope of Services See attached Renewal Letter dated May 9, 2013 from MetLife. 438 of 520 7. E BIDS AND PURCHASES OVER $100,000 August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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. R13-080 - EQUESTED CTION BY ITY OMMISSION Approve and authorize a Two Year Agreement between Vision Service Plan Insurance Co. (VSP) and the City of Boynton Beach for Vision Insurance per the Request for Proposal for a "Two Year Contract for a Fully Insured Vision Plan" for the Employees of the City of Boynton Beach; RFP No.: 052-1610-13/JMA AGREEMENTTERM:O1,2013S30,2015 CTOBER THROUGH EPTEMBER ER: On June 26, 2013, Procurement Services received and XPLANATION OF EQUEST opened six proposals in response to the RFP for a Two Year Contract for a Fully Insured Vision Plan. The Evaluation Committee included the City’s HR Director and the Benefits Administrator, along with the Gehring Group, the City’s Benefits Consultant, who reviewed all proposals and ranked them accordingly. The Evaluation Committee recommends awarding this agreement to Vision Service Plan Insurance Co. as the most responsive, responsible proposal meeting all Procurement requirements. The RFP gives the City of Boynton Beach the option to renew the agreement at the same terms and conditions for three (3) additional one-year (1) periods subject to vendor acceptance, satisfactory performance and determination that renewal and pricing will be in the best interest of the City. 439 of 520 The monthly premiums would change as follows: Current VSP-Choice Plan Effective 10/1/13 Employee $ 3.84 $ 3.50 Family $16.60 $10.66 This results in a decrease of approximately 8.8% in the employee monthly premium and a 35% decrease in the family monthly premium. The annual expenses for the Vision Plan for the current and previous fiscal years are as follow: FY 2010/2011 $ 35,983.49 FY 2011/2012 $ 32,647.68 FY 2012/2013(to date) $ 27,016.46 H? The vision insurance is provided as OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a benefit to full time employees of the City. The vision insurance covers annual eye exams for the employee and a portion of the lens and frame costs for eyeglasses and contact lenses. Employees have the option of paying the cost to add their families to the vision plan. The recommended vision provider, VSP, has proposed reduced rates that will save the City premiums on the employees, but the larger savings are passed on to the employee with a more dramatic reduction of premiums. FI: The City pays for the Employee premium and with the recommended ISCAL MPACT vendor and plan, VSP-Choice Plan, the City will save approximately 8.8% based on the current year’s monthly premium. Employees who pay for family coverage will save approximately 35%. A: Not to award the two year agreement and issue a new bid for a fully LTERNATIVES insured vision plan. 440 of 520 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING A TWO YEAR AGREEMENT FOR VISION INSURANCE FOR CITY EMPLOYEES IN RESPONSE TO RFP #052-1610-13/JMA WITH VISION SERVICE PLAN INSURANCE COMPANY (VSP); AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on June 26, 2013, Procurement Services received and opened six (6) proposals which were reviewed by the review committee and sent to the City’s Consultant, Gehring Group for technical expertise; 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 award a Provider Agreement with Vision Service Plan Insurance Company (VSP) vision plan for a two (2) year term commencing October 1, 2013, with three additional one (1) year renewal options for all city employees. 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 award a Provider Agreement to Vision Service Plan Insurance Company (VSP) for Group Benefits: Fully Insured Vision Plan for a two (2) year term commencing October 1, 2013, with three additional one (1) year renewal options for all city employees. Section 3. The City Manager and City Clerk are authorized to execute the Provider Agreement with Vision Service Plan Insurance Company, a copy of which is attached hereto as 441 of 520 Exhibit “A”. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 442 of 520 443 of 520 444 of 520 445 of 520 446 of 520 447 of 520 448 of 520 449 of 520 450 of 520 451 of 520 452 of 520 453 of 520 454 of 520 455 of 520 456 of 520 457 of 520 458 of 520 459 of 520 460 of 520 461 of 520 462 of 520 463 of 520 464 of 520 465 of 520 466 of 520 467 of 520 468 of 520 469 of 520 470 of 520 471 of 520 472 of 520 473 of 520 474 of 520 475 of 520 476 of 520 477 of 520 478 of 520 479 of 520 480 of 520 481 of 520 482 of 520 483 of 520 484 of 520 485 of 520 486 of 520 PROVIDER AGREEMENT FOR GROUP BENEFITS: FULLY INSURED VISION PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to VISION SERVICE PLAN INS. CO. (VSP) as “the City”, and , hereinafter referred to as “the Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. FULLY 25. PROJECT DESIGNATION. The Provider is retained by the City to provide a INSURED VISION PLAN for the City of Boynton Beach. 26. SCOPE OF SERVICES. Provider agrees to perform the services, identified in RFP No. 052- 1610-13/JMA; and to provide benefits under their “Choice Plan” for the proposed rates of $3.50/per employee per month, and $10.66/per employee and family per month as outlined in Exhibit “A” attached hereto and incorporated herein by reference. No modifications will be made to the original scope of work without the written approval of the City Manager or her designee. 27. TIME FOR PERFORMANCE. Work under this agreement 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 for the period beginning October 1, 2013 thru September 30, 2015, unless an extension of such time is granted in writing by the City. 28. TERM: This Agreement shall be for a period of two (2) years commencing on October 1, 2013. The City of Boynton Beach may renew the contract at the same terms and conditions, for three (3) additional one-year periods subject to vendor acceptance, satisfactory performance and determination that renewal and pricing will be in the best interest of the City. 29. PAYMENT. The Provider shall be paid by the City for services rendered under this agreement as follows: a. The monthly premium based on number of enrollees for the City’s FULLY INSURED VISION PLAN , as referred to herein, for services provided under this agreement for the entire term of the Agreement b. The Consultant’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 30. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 31. 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. 32. INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 487 of 520 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. 33. 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. 34. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bona-fide 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 bona-fide 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. 35. 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. 36. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the written consent of the City of Boynton Beach. 37. 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. 38. TERMINATION. The City reserves the right to terminate this Agreement at any time by giving ten (30) days written notice to the Provider. 39. 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. 488 of 520 40. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 ATTN: Julie Oldbury, Director of Human Resources/Risk 41. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall:  Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service;  Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law;  Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and  Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 14. 489 of 520 42. 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 Provider Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 490 of 520 EXHIBIT A 491 of 520 492 of 520 493 of 520 494 of 520 10. A CITY MANAGER’S REPORT August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of Police Department Management EQUESTED CTION BY ITY OMMISSION Study report by Berkshire Advisors for acceptance by the City Commission in connection with RFP #067-2110-12/TWH "A POLICE DEPARTMENT MANAGEMENT STUDY". ER: The City entered into an agreement with Berkshire Advisors XPLANATION OF EQUEST of Bay Village, Ohio on September 18, 2012 as a result of the City issuing the above RFP for “A Police Department Management Study” to create a concise report outlining the current operations of our Police Department and any opportunities for improvement. Based on the review of proposals received on August 22, 2012, staff recommended entering into an agreement with Berkshire Advisors of Bay Village, OH to perform a Police Department Management Study for the City of Boynton Beach. This is the executive summary of the report by Berkshire Advisors reviewing their process, assessment and recommendations for the City to review and consider. Berkshire is providing a presentation of the executive summary to the City Commission; the full report is available on the City’s website. Once accepted the report will be reviewed by the City Manager. 495 of 520 H? The goal of this Study will be to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provide the City with an overall evaluation of the City’s Police Department. FI: N/A ISCAL MPACT A: Not to accept the report prepared by Berkshire Advisors. LTERNATIVES 496 of 520 497 of 520 498 of 520 499 of 520 500 of 520 501 of 520 502 of 520 503 of 520 504 of 520 505 of 520 506 of 520 507 of 520 508 of 520 509 of 520 510 of 520 511 of 520 512 of 520 513 of 520 514 of 520 14. A FUTURE AGENDA ITEMS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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: Re-establishing a Community Investment Fund for EQUESTED CTION BY ITY OMMISSION distribution by the Mayor and Commissioners for qualified programs or projects. - 8/20/13 ER: A Community Investment Fund would provide a source of XPLANATION OF EQUEST discretionary funding to support projects and activities in the City which are accessible and beneficial to the citizens of the City. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 515 of 520 14. B FUTURE AGENDA ITEMS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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: Establishing a Special Event Grants Program - EQUESTED CTION BY ITY OMMISSION 8/20/13 ER: Present a draft program for the application, evaluation and XPLANATION OF EQUEST awarding of City grants for special events funding requests by private sector and non- profit agencies. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 516 of 520 14. C FUTURE AGENDA ITEMS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 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: Establishing an Economic Development Special EQUESTED CTION BY ITY OMMISSION Events Incentive Program - 8/20/13 ER: Present a draft program for the application, evaluation and XPLANATION OF EQUEST awarding of economic development incentives for special events funding requests that promote the City as a place of destination in line with the City’s economic development program. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 517 of 520 14. D FUTURE AGENDA ITEMS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of First Budget Hearing to Adopt EQUESTED CTION BY ITY OMMISSION Proposed Budget at the regularly scheduled City Commission Meeting to be held on September 3, 2013 at 6:30 p.m. in the City Hall Chambers. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 518 of 520 14. E FUTURE AGENDA ITEMS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of Second Budget Hearing to EQUESTED CTION BY ITY OMMISSION Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 519 of 520 14. F FUTURE AGENDA ITEMS August 6, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 6, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of Special City Commission EQUESTED CTION BY ITY OMMISSION Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 520 of 520