Agenda 08-05-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, AUGUST 5, 2014
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Joe Casello
Vice Mayor – District IV
David T. Merker
Commissioner – District I
Mack McCray
Commissioner – District II
Michael M. Fitzpatrick
Commissioner – District Ill
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items:
These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section
entitled “Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule – some meetings have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Merker
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Approve changing the date of the first meeting in September from Tuesday,
September 2nd to Wednesday, September 3rd to have First Public Budget
Hearing on the Proposed FY 14/15 Budget be in accordance with the Truth in
Millage (TRIM) calendar.
B. Public Budget Hearing dates/times to adopt FY 14/15 Budget, Millage Rate and
Fire Assessment - Wednesday – 9/3/14 beginning at 6:30 p.m.; Thursday –
9/11/14 beginning at 6:00 p.m.; Tuesday – 9/16/14 beginning at 6:30 p.m. in
City Hall Commission Chambers.
C. Announce the Primary Election will be held on Tuesday, August 26, and the
Early Voting Period will be Monday, August 11 to Sunday, August 24. The
Ezell Hester, Jr. Community Center will be one of the fourteen locations in
Palm Beach County at which people can vote early, and will be open from 10
am to 6pm daily.
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:
Arts Commission: 1 regular and 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
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Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular and 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Veterans Advisory Commission: 1 alternate
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. R14-064
A. - Approve agreement between the
City of Boynton Beach and the Education Foundation of Palm Beach County to
purchase trees and to make improvements to the Galaxy Scrub
PROPOSED RESOLUTION NO. R14-065
B. - Authorize the City Manager to
execute a software license agreement with MedaPoint, Inc. of Austin, TX for
the use of "AdvanceClaim" EMS/Ambulance Billing Software. This agreement
has a startup cost of $3,900 and a usage fee of 0.89 per billable claim payable
monthly and has an initial term of one (1) year.
PROPOSED RESOLUTION NO. R14-066
C. - Adopt the City of Boynton Beach's
Community Development Block Grant (CDBG) One Year Action Plan for fiscal
year 2014/2015, and the contracts for sub-grantees to reflect the proposed
expenditures. Adoption includes the reprogramming of prior years' funding of
$385,683.
PROPOSED RESOLUTION NO. R14-067
D. - Approve changes to and authorize
City Manager to sign a contract and related documents between the City of
Boynton Beach and Selectron Technologies, Inc., of Portland, Oregon for
hosted services for an interactive voice responsive (IVR) system with web
interface for a "not-to-exceed" amount of $300,000 as a result of RFP #051-
2825-13/TWH "RFP FOR INTERACTIVE VOICE RESPONSE SYSTEM".
PROPOSED RESOLUTION NO. R14-068
E. - Ratify the actions of the South
Central Regional Wastewater Treatment and Disposal Board at their July 17,
2014 meeting and give authorization to do the following:
1) Accept the 2014/2015 Wastewater and Reclaim O&M Budgets;
2) Replace Section XVI "Employment of Relatives" of the Board rules.;
3) Accept the 2014/2015 Organization Chart and Salary Ranges;
4) Maintain the reclaim user rate for Hunters Run, Country Club of Florida,
Quail Ridge, Delray Dunes and Pine Tree for fiscal year 2014/2015 at
$.2000/1,000 Gallons;
5) Establish reclaim user rate at $0.18598/1,000 Gallons to consumers Delray
Beach, Boynton Beach and South Central Regional for fiscal year 2014/2015;
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6) Establish wastewater user rate (O&M at $1.0739/1,000 Gallon and R&R
Reserves at $0.2000/1,000 Gallon) to Delray Beach and Boynton Beach for
fiscal year 2014/2015
F. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility
Fund for the nine (9) month period ended June 30, 2014.
G. Approve the Award for "ANNUAL SUPPLY OF PVC SCHEDULE 40 AND 80
IRRIGATION SUPPLIES" Bid #059-1412-14/MFD to the lowest, most
responsive, responsible bidders meeting all specifications on an "AS NEEDED"
basis to the following two (2) companies as primaries to a group: Ferguson
Enterprises (Group SCH80) and FIS Outdoor Inc. (Group SCH40). Also
approve the award to John Deere Landscapes as the secondary vendor to both
groups. These items will be ordered on an "AS NEEDED" basis and the
estimated annual expenditure is $60,000.
H. Reject all four (4) proposals received in response to the Request for Proposals
(RFP) No. 035-2821-14/DJL "CONSTRUCTION MANAGEMENT SERVICES
FOR RAW WATER MAIN SECTION C" and re-advertise.
I. Accept the resignation of Christine Stella, a regular member of the Financial
Advisory Committee.
J. Approve the minutes from the Regular City Commission meeting held on July
16, 2014
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R14-069
A. - Authorize the City Manager to
execute a contract with Man-Con, Incorporated of Deerfield Beach, FL for the
Central Seacrest Corridor Utilities Improvements project, Bid No. 034-2821-
14/DJL in the amount of $8,142,973.50 plus a 10% contingency of
$814,297.35, if needed, for staff approval of change orders for unforeseen
conditions for a total expenditure of $8,957,270.85, as the most responsive,
responsible bidder.
PROPOSED RESOLUTION NO. R14-070
B. - Approve Budget Amendment for
the Fleet Maintenance Internal Service Fund for the Fiscal Year 2013-2014,
amending the appropriated budget from $7,328,709 to $8,588,112 and;
2) Approve the purchase of 9 replacement vehicles and an additional vehicle
for Utilities; for a total of 10 units in the amount of $1,304,885.18. The
purchases will utilize the following contracts/bids and vendors; Florida Sheriff's
Contract #13-11-0904 (Palm Peter Built Truck Centers), Florida Sheriff's
Contract #13-21-0904 (Duval Ford Fleet Sales), Florida Sheriff's Contract #11-
10-1202 (Sutphen Corporation) and National Joint Powers Alliance (NJPA)
contract #022014 (Hi-Vac Corporation)
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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
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
A. Request of Commissioner Merker to discuss Human Rights Council's proposed
Boynton Beach Civil Rights ordinance and domestic partnership benefits
13. LEGAL
PROPOSED ORDINANCE NO. 14-012 - FIRST READING - PUBLIC
A.
HEARING
- Approve the "Emergency Medical Services Ordinance" to establish
the new fee structure and rates for Emergency Medical Transport services by
Boynton Beach Fire Rescue Department
14. FUTURE AGENDA ITEMS
A. Discuss impact of pending legislation legalizing restricted use of medical
marijuana. TBD
B. Hear presentation from All Aboard Florida - 9/3/14
C. Development Department to bring forward an ordinance establishing a
certificate of use program - TBD
D. Public Works to bring forward an ordinance revising monthly refuse charges to
single-family and multi-family residences to be effective 10/01/14 - TBD
15. ADJOURNMENT
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NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A
RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060
AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR
THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE
AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE
AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
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ATURE F
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DMINISTRATIVEEW USINESS
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve changing the date of the first meeting in
EQUESTED CTION BY ITY OMMISSION
ndrd
September from Tuesday, September 2 to Wednesday, September 3 to have First Public
Budget Hearing on the Proposed FY 14/15 Budget be in accordance with the Truth in Millage
(TRIM) calendar.
ER:
Staff is requesting the date of the first meeting in September
XPLANATION OF EQUEST
ndrd
be changed from Tuesday, September 2 to Wednesday, September 3 in order to
hold the First Public Hearing on the proposed FY 14/15 Budget in accordance with the
Truth in Millage (TRIM) calendar.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Public Budget Hearing dates/times to adopt FY
EQUESTED CTION BY ITY OMMISSION
14/15 Budget, Millage Rate and Fire Assessment - Wednesday – 9/3/14 beginning at 6:30 p.m.;
Thursday – 9/11/14 beginning at 6:00 p.m.; Tuesday – 9/16/14 beginning at 6:30 p.m. in City Hall
Commission Chambers.
ER:
Public Meetings have been scheduled to adopt the FY 14/15
XPLANATION OF EQUEST
Budget and Millage, and to adopt the FY14/15 Fire Assessment. They will be held in
the City Hall Commission Chambers:
Wednesday – 9/3/14 6:30 p.m. First Public Budget Hearing to Adopt FY
14/15 Proposed Budget
Thursday – 9/11/14 6:00 p.m. Special Commission Meeting to Adopt Final
Fire Assessment Resolution
Tuesday – 9/16/14 6:30 p.m. Second Public Budget Hearing to Adopt
Final Millage Rate and FY 14/15 Final Budget
The Meetings will be advertised per Sunshine Law.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Announce the Primary Election will be held on
EQUESTED CTION BY ITY OMMISSION
Tuesday, August 26, and the Early Voting Period will be Monday, August 11 to Sunday, August
24. The Ezell Hester, Jr. Community Center will be one of the fourteen locations in Palm Beach
County at which people can vote early, and will be open from 10 am to 6pm daily.
ER:
To provide Boynton Beach residents information regarding
XPLANATION OF EQUEST
the Early Voting Period and location.
H?
The meeting room at the Hester
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Center will not be available for programming during this period.
FI:
None
ISCAL MPACT
A:
Do not make the announcement.
LTERNATIVES
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5. A
ADMINISTRATIVE
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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DMINISTRATIVEEW USINESS
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ONSENT GENDAEGAL
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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 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular and 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Veterans Advisory Commission: 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.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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GENDA TEM
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ONSENT GENDAEGAL
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IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-064 -
EQUESTED CTION BY ITY OMMISSION
Approve agreement between the City of Boynton Beach and the Education Foundation of Palm
Beach County to purchase trees and to make improvements to the Galaxy Scrub
ER:
The City of Boynton Beach and the Education Foundation of
XPLANATION OF EQUEST
PBC share the mission to utilize the Galaxy Scrub to further environmental education,
environmental stewardship, environmental research and environmental curricula serving
all ages and educational levels.
The City has been awarded a $10,000.00 Urban and Community Forestry grant and has
budgeted an additional $20,000.00 to re-establish the native scrub site by removal of
nuisance exotics, re-planting native trees and creating a raised bed seedling nursery in
addition to providing hands-on educational opportunities for Galaxy Elementary School
students and the public.
When the Palm Beach County School District previously owned title to the Galaxy Scrub
parcel, the Education Foundation was awarded a $20,000.00 grant from the Bachelor
Foundation to fund the purchase of trees and to make improvements to scrub area.
The property title has since then been transferred back to the city for restoration of the
scrub. Since the Education Foundation cannot utilize the grant and the Bachelor
Foundation could not transfer the grant to the city, the City of Boynton Beach and the
Education Foundation have agreed to partner in the project. The Education Foundation
will pay for specific items within the project Scope of Work (see Proposed Budget
attached) using funds from the Bachelor Foundation grant, with the permission of the
Bachelor Foundation.
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The attached agreement specifies the responsibilities of each party. City staff has been
working with the Galaxy Elementary School Principle, Edward Capitano, to establish
curricula for students to participate in the project for the 2014-2015 school year. The
city’s Urban and Community Forestry grant must be completed by January 2015,
however, work in the scrub is planned to continue as additional funding opportunities
are identified.
H?
Environmental Stewardship of our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
natural scrub areas are identified in the Conservation Element of the city’s Climate
#4.5.1.13
Action Plan Implementation Strategy which references “implementation
strategies for conserving natural-area features” within the city. This project also
addresses the City adopted SE Florida Regional Climate Change Compact Regional
Climate Action Plan (RCAP). Under Natural Systems, the goal is to “Implement
monitoring, management, and conservation programs designed to protect natural
systems and improve their capacity for climate adaptation.” This project directly
NS-5
addresses RCAP Strategy : Maintain or restore areas of habitat to facilitate native
NS-6
species population stability and habitat shifts resulting from climate change and :
Coordinate and implement invasive exotic species prevention and control efforts to
minimize the diversity and abundance of habitat-homogenizing exotic plants and
animals by emphasizing prevention of new invasions. By leveraging additional funding
through a partnership opportunity with the Education Foundation, the City will be able to
implement the first phase of the Galaxy Scrub project and help protect the gopher
tortoises which reside within the scrub area.
FI:
$10,000 from Urban and Community Forestry Grant (in CIP)
ISCAL MPACT
$20,000 from City (CIP Project RP1401 in FY13/14 approved
budget, account number 304-4221-572-6310)
$20,000 from Education Foundation Bachelor Grant
A:
Not approve agreement and have $20,000 less to implement the
LTERNATIVES
Galaxy Scrub project.
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RESOLUTION NO. R14-064
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR TO SIGN AN
AGREEMENT WITH THE EDUCATION FOUNDATION
OF PALM BEACH COUNTY TO PURCHASE TREES AND
TO MAKE IMPROVEMENTS TO THE GALAXY SCRUB;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach and the Education Foundation of Palm Beach
County share the mission to utilize the Galaxy Scrub to further environmental education,
environmental stewardship, environmental research and environmental curricula serving all ages
and educational levels; and
WHEREAS
, the City has been awarded a $10,000.00 Urban and Community Forestry
grant and has budgeted an additional $20,000.00 to re-establish the native scrub site by removal
of nuisance exotics, re-planting native trees and creating a raised bed seedling nursery in addition
to providing hands-on educational opportunities for Galaxy Elementary School students and the
public; and
WHEREAS,
the Agreement specifies the responsibilities of each party; and
WHEREAS
, upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to approve the Agreement Between the City of
Boynton Beach and the Education Foundation of Palm Beach County to Purchase Trees and to
Make Improvements to the Galaxy Scrub and authorize the Mayor to sign the Agreement.
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
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approve the Agreement Between the City of Boynton Beach and the Education Foundation of
Palm Beach County to Purchase Trees and to Make Improvements to the Galaxy Scrub and
authorize the Mayor to sign the Agreement, a copy of which is attached hereto as Exhibit “A”.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC,
City Clerk
(Corporate Seal)
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AGREEMENT BETWEEN THE CITY OF CITY BOYNTON BEACH AND THE
EDUCATION FOUNDATION OF PALM BEACH COUNTY TO PURCHASE TREES AND
TO MAKE IMPROVEMENTS TO THE GALAXY SCRUB
, made and entered into on the day of 2014 by and
THIS AGREEMENT
between:
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(hereinafter referred to as “CITY”)
AND
THE EDUCATION FOUNDATION OF PALM BEACH
COUNTY
a Florida Not for Profit Corporation
3300 Forest Hill Blvd. Bldg E-50-116
West Palm Beach, Florida 33406
______________________________
______________________________
______________________________
______________________________
(hereinafter referred to as "FOUNDATION")
W I T N E S S E T H:
WHEREAS
, CITY AND FOUNDATION (hereinafter collectively referred to as the
"Parties") desire to purchase trees and make improvements to the Galaxy Scrub to re-establish
the native scrub site by removal of the nuisance exotics, re-planting native trees and creating a
raised bed seedling nursery in addition to providing hands-on educational opportunities for
Galaxy Elementary School students and the public (the “Project”); and
WHEREAS,
the Parties share the mission to utilize the Galaxy Scrub to further
environmental education, environmental stewardship, environmental research and environmental
curricula serving all ages and educational levels; and
WHEREAS,
the FOUNDATION has been awarded a $20,000.00 grant from The
Bachelor Foundation to fund the purchase of trees and to make improvements to the Project; and
WHEREAS,
the CITY has been awarded a $10,000.00 Urban and Community Forestry
grant, and has agreed to budget an additional $20,000.00 to re-establish the native scrub site by
removal of the nuisance exotics, re-planting native trees and creating a raised bed seedling
nursery in addition to providing hands-on educational opportunities for Galaxy Elementary
School students and the public; and
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WHEREAS
, the Parties have negotiated and desire to enter into this Interlocal
Agreement ("Agreement") to define the terms and conditions under which the parties will fund
and improve the Galaxy Scrub; and
WHEREAS,
CITY and FOUNDATION have determined that it is mutually beneficial and
in the best interests of the citizens and residents of both Parties to enter into this Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION
of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1.
The above recitals are true and correct and are incorporated herein.
Section 2.TERM OF AGREEMENT
2.01This agreement shall be effective upon the approval of both parties, and shall remain in
effect until January 31, 2015, unless earlier terminated pursuant to Section 8 of this
Agreement.
Section 3. DUTIES AND RESPONSIBILITIES OF CITY
3.01CITY shall budget, appropriate and spend $30,000.00 for the improvement, re-
nourishment and educational components of the Galaxy Scrub Project.
3.02CITY shall manage the Projectproject and be responsible for contracting and negotiating
with all vendors.
3.03CITY shall coordinate payment with the FOUNDATION’s representative. CITY agrees
that it will identify each budget item that will be paid by each party. CITY agrees that
only expenses that directly relate to the purchase of trees or site improvements shall be
directed to the FOUNDATION.
3.04CITY shall direct each vendor to invoice the City directly for the budget items relating to
the Urban & Community Forestry Grant and the City’s additional funds.
3.05CITY shall ensure that each vendor agreement specifically states that the expenses related
to the FOUNDATION shall be invoiced directly to the FOUNDATION.
3.06CITY agrees to take all reasonable efforts to complete the project Project by January 31,
2015.
Section 4. DUTIES AND RESPONSIBILITIES OF FOUNDATION
4.01FOUNDATION shall budget, appropriate, and spend $20,000.00 for the improvement
and re-nourishment of the Galaxy Scrub Project, provided the expenditures are in
accordance with the Batchelor Foundation.
4.02FOUNDATION shall appoint a Project Representative to work with the CITY’s Project
Manager as a point of contact throughout the project.
4.03FOUNDATION shall agree to pay for improvements to the Project including site
preparation, removal of nuisance exotic vegetation, pathways through the scrub site that
directly relate to the purchase of trees or site improvements, and purchase and planting of
treesas set forth in 3.03.
4.04FOUNDATION shall be responsible for direct payment to the vendor for the budget
items relating to the Bachelor Foundation grant.
4.05FOUNDATION shall pay invoices in a timely manner.
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4.06FOUNDATION shall notify the CITY’s Project Manager immediately if there is any
problem with the invoices or other concerns.
Section 5. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE
5.01CITY is a municipal agency as defined in §768.28, Florida Statutes, and agrees to be fully
responsible for the acts and omissions of its agents or employees to the extent permitted by law
while they are employed by the CITY. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the State of
Florida to be sued by third Parties in any matter arising out of this Agreement.
5.02The FOUNDATION agrees to be fully responsible for the acts and omissions of its agents or
employees while they are employed by the FOUNDATION. FOUNDATION shall
indemnify and hold harmless CITY, its respective officers, trustees, agents, employees,
servants and instrumentalities, from any and all liabilities, losses or damages including
attorney’s fees and costs of defense, which they may incur as a result of claims, demands,
suits, causes of action or proceedings of any kind or nature arising out of, relating to or
resulting from the FOUNDATION’s actions or inactions under this Agreement. The
provisions of this indemnification clause and the duty of the FOUNDATION to indemnify
shall survive the expiration or termination of this Agreement.
5.03CITY is a state agency as defined by §768.28, Florida Statutes. CITY shall furnish
FOUNDATION with written verification of liability protection in accordance with state law
prior to or at the time of execution of this Agreement.
Section 6. PUBLIC RECORDS
6.01FOUNDATION shall comply with the applicable provisions of Chapter 119, Florida
Statutes. Specifically, FOUNDATION 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 public 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, Fla. Stat., 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.
The failure of FOUNDATION to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the other party shall enforce the Default in
accordance with the provisions set forth in Section 8.
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Section 7. ASSIGNMENT
7.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the prior written consent of the other party as evidenced by action by its governing body.
Section 8. TERMINATION/DEFAULT
8.01 This Agreement may be terminated by CITY upon thirty (30) calendar days written
notice upon the adoption of a resolution adopted by the governing body of the CITY,
effective upon delivery of a certified copy of the resolution to the FOUNDATION.
8.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific performance of this Agreement on an expedited basis, as the
performance of the material terms and conditions contained herein relate to the health,
safety, and welfare of the residents subject to this Agreement. Failure of any party to
exercise its right in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to perform by
the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall be
without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity.
Section 9. COMPLIANCE WITH LAWS
9.01 CITY and FOUNDATION shall comply with all statutes, laws, ordinances, rules,
regulations and lawful orders of the United States of America, State of Florida and of any
other public authority which may be applicable.
Section 10. VENUE, ATTORNEYS FEES, AND COSTS
10.01Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated
in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
10.02If either party is required to employ the services of an attorney to resolve any dispute or
disagreement arising directly or indirectly from or under this Agreement, to enforce any of
the terms, provisions, covenants or conditions of this Agreement, or remedy any breach of
this Agreement, the prevailing party shall be entitled to recover from the other party the
prevailing party’s attorney's & fees charged for such services.
Section 11. GOVERNING LAW
11.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 12. ENTIRE AGREEMENT
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12.01 This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in full force and effect.
Section 13. SEVERABILITY
13.01 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
Section 14. CONTRACT ADMINISTRATORS
14.01 The Contract Administrators for each party shall be as follows:
CITY: Glenda Hall_________________
Forestry and Grounds Manager_________________
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Telephone (561) 742-6228______________
Facsimile (561) ______________
FOUNDATION: Mary Kay Murray_____________________
Executive Director_________________________
Education Foundation of Palm Beach County, Inc
_________________________ 3300 Forest Hill Blvd. Bldg E-50-116
West Palm Beach, FL 33406
Telephone (561) 357-7659___________
Facsimile (561) ___________
Section 16. NOTICES
16.01 Whenever either party desires to give notice to the other, such notice must be in writing
and sent by United States mail, return receipt requested, courier, evidenced by a delivery
receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice.
CITY: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
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Copy To: James A. Cherof, Office of the City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
FOUNDATION: Mary Kay Murray_____________________
Executive Director_________________________
Education Foundation of Palm Beach County, Inc
_________________________ 3300 Forest Hill Blvd. Bldg E-50-116
West Palm Beach, FL 33406
Telephone (561) 357-7659___________
_____________________
_________________________
_________________________
Copy To: _____________________
_________________________
_________________________
Telephone No. _____________
Facsimile No. ______________
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the EDUCATION
FOUNDATION OF PALM BEACH COUNTY have caused these presents to be executed in
their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH
a municipal
corporation organized and existing under the laws
of the State of Florida
By: __________________________________
JERRY TAYLOR, Mayor
ATTEST:
City Clerk
Approved as to form:
____________________________________
City Attorney
THE EDUCATION FOUNDATION OF PALM
BEACH COUNTY
_________________________________ By:_______________________________
WITNESS
________________________PRESIDENT
_________________________________
WITNESS
Corporate Seal
_________________________________
SECRETARY
STATE OF FLORIDA )
) SS.
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgements, personally appeared ______________________________, as ___________
of _______________________________, personally known to be the person described in, or
who produced ______________________________ as identification, and who executed the
foregoing and acknowledged before me that (s)he executed the same.
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WITNESS my hand and seal in the County and State aforesaid on this _____ day of
____________, 2014.
___________________________________
My Commission Expires: NOTARY PUBLIC
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6. B
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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. R14-065 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to execute a software license agreement with MedaPoint, Inc. of
Austin, TX for the use of "AdvanceClaim" EMS/Ambulance Billing Software. This agreement has
a startup cost of $3,900 and a usage fee of 0.89 per billable claim payable monthly and has an
initial term of one (1) year.
ER:
The Fire Rescue Department has the responsibility for
XPLANATION OF EQUEST
billing patients and/or the patient’s insurance(s) utilizing an ambulance billing software
that was purchased in 2007. The current software has become inadequate due to age
and lack of updates/progression. The department is requesting authorization for the
use of a new internet based computer software program for EMS Transport Billing
functions.
H?
The AdvanceClaim
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
EMS/Ambulance Billing Software is web-based enabling the users to process insurance
claims efficiently and reduce the amount of denials through the use of one
clearinghouse (Emdeon contracted through MedaPoint, Inc.). Currently, staff utilizes
eight (8) different websites to verify information (insurance, address, etc…) and receive
payments, which is time consuming causing the billings to be at 45 days (time from
transport to billed).
FI:
It is believed that with AdvanceClaim EMS/Ambulance Billing Software,
ISCAL MPACT
the gap of the billings can be narrowed down to approximately five (5) days thus
increasing the revenue. The start-up cost is $3,900 and can be funded from budget line
001-2210-522-49-17.
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A:
Maintain the current software and clearing houses with an annual
LTERNATIVES
maintenance cost of $3,750 and out of date features causing delays in EMS Transport
Billing.
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RESOLUTION NO. R14-065
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A SOFTWARE LICENSE AGREEMENT WITH
MEDAPOINT, INC., OF AUSTIN TEXAS, FOR THE USE
OF “ADVANCECLAIM” EMS/AMBULANCE BILLING
SOFTWARE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Fire Rescue Department has the responsibility of billing patients and/or
the patient’s insurance utilizing an ambulance billing software that was purchased in 2007; and
WHEREAS
, the current software has become inadequate due to age and lack of
updates/progression and therefore the department is requesting authorization for the use of a new
internet based computer software program for EMS Transport Billing functions; and
WHEREAS
, upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to approve a Software License Agreement with
MedaPoint, Inc., of Austin, TX for the use of “AdvanceClaim” EMS/Ambulance Billing
Software and authorize the City Manager to enter into a Software License Agreement with a
startup cost of $3,900 and a usage fee of 0.89 per billable claim payable monthly with an initial
term of one (1) year.
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 Software License Agreement with MedaPoint, Inc., of Austin, TX for the use of
“AdvanceClaim” EMS/Ambulance Billing Software and authorize the City Manager to enter into
a Software License Agreement with a startup cost of $3,900 and a usage fee of 0.89 per billable
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claim payable monthly with an initial term of one (1) year, a copy of which is attached hereto as
Exhibit “A”.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC,
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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. R14-066 - Adopt
EQUESTED CTION BY ITY OMMISSION
the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action
Plan for fiscal year 2014/2015, and the contracts for sub-grantees to reflect the proposed
expenditures. Adoption includes the reprogramming of prior years' funding of $385,683.
ER:
The City of Boynton Beach is entering its eighteenth
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 3, 2014,
meeting. The Commission approved the recommended grant amounts, which included
reprogrammed funding from prior years.
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 .............................................................. 100,000
Community Caring Center ............................................................................ 46,728
Neighborhood Renaissance ......................................................................... 60,683
SUB GRANTEE AMOUNT ...................................................................... $222,411
Planning & Administration ............................................................................ 90,638
City of Boynton Beach Recreation Department .......................................... $10,000
Fair Housing Initiatives ................................................................................. $5,000
Housing Rehabilitation & Delivery .............................................................. 350,826
Economic Development ............................................................................. 185,000
TOTAL ..................................................................................................... $863,875
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FI:
The City of Boynton Beach expects to receive $478,192 in CDBG funds
ISCAL MPACT
for FY 2014/2015, with $222,411 to be granted to four (4) sub-grantees. The remaining
grant dollars will assist with administrative costs, providing summer camp scholarships
through the City’s Recreation and Parks Department, allow for housing rehabilitation
and associated administrative costs, and provide matching grant and/or incentive funds
for Economic Development and job creation. An additional $385,683 in unexpended
funds from previous years will be allocated.
$478,192.00 $385,683.00
CDBG FY
PROJECT 2014/15 REPROGRAMMED
Aid to Victims of Domestic Abuse $15,000
City - Summer Camp Scholarships $10,000
Community Caring Center $46,728
PUBLIC SERVICES - 15% of GRANT $71,728.00
Boynton Beach Faith-Based CDC $70,000 $30,000
Neighborhood Renaissance $40,000 $20,683
Economic Development $185,000
Housing Rehab & Delivery $200,826 $150,000
Planning & Admin - 20% of GRANT $90,638
Fair Housing - falls under Planning & Admin $5,000
TOTAL GRANT BREAKDOWN $478,192 $385,683
A:
None at this time.
LTERNATIVES
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RESOLUTION R14-066
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 2014/2015;
AUTHORIZING THE CITY MANAGER TO SIGN THE
AGREEMENTS WITH THE SUB-GRANTEES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach is in its eighteenth 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 3, 2014 meeting; and
WHEREAS
, approval of the One Year Action Plan will fund services to the community
that are eligible under the CDBG program and provided to our community by various
organizations.
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 2014/15, a copy of which is attached hereto.
Section 3. The City Manager is authorized to sign the Agreements between the City
of Boynton Beach and the sub-grantees.
Section 4. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
_______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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. R14-067 -
EQUESTED CTION BY ITY OMMISSION
Approve changes to and authorize City Manager to sign a contract and related documents
between the City of Boynton Beach and Selectron Technologies, Inc., of Portland, Oregon for
hosted services for an interactive voice responsive (IVR) system with web interface for a "not-to-
exceed" amount of $300,000 as a result of RFP #051-2825-13/TWH "RFP FOR INTERACTIVE
VOICE RESPONSE SYSTEM".
ER:
This matter came before the City Commission and was
XPLANATION OF EQUEST
approved on January 7, 2014 via Resolution R14-007, a copy of the Agenda Cover
Sheet from the meeting is attached. Subsequent to the approval, modifications were
made to the contract so re-approval of the contract is requested.
H?
A state of the art interactive voice
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
response system with web interface will allow the City to accept calls and receive
payments after business hours; send late notices to account holders; allow callers to log
into their utility account and securely access account information; update contact
information which would be especially helpful for seasonal residents changing the
mailing address; and allow the customer the ability to stop service.
FI:
Funding has been budgeted in the Utilities CIP Project #WTR150,
ISCAL MPACT
account 403-5000-536-31-90
A:
Do not approve the revisions to the contract.
LTERNATIVES
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RESOLUTION NO. R14-067
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
REAPPROVING THE CONTRACT FOR “INTERACTIVE VOICE
RESPONSE SYSTEM” WITH SELECTRON TECHNOLOGIES, INC., OF
PORTLAND, OREGON, FOR HOSTED SERVICES FOR AN
INTERACTIVE VOICE RESPONSE SYSTEM WITH WEB INTERFACE
FOR AN AMOUNT NOT-TO-EXCEED $300,000.00; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT AND RELATED
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS
, on January 7, 2014 the City Commission approved via Resolution R14-
007, an award of a Contract with Selectron Technologies, Inc., for Interactive Voice
Response (IVR) System, RFP, #051-2825-13/TWH; and
WHEREAS
, subsequent to the approval, modifications were made to the Contract
which require reapproval by the City Commission; and
WHEREAS,
the City Commission, upon recommendation of staff, deems it to be in
the best interests of the citizens and residents of the City of Boynton Beach to reapprove a
contract with Selectron Technologies, Inc., for Interactive Voice Response System in an
amount not–to-exceed $300,000.00 and to authorize the City Manager to execute a contract
and related documents between the City of Boynton Beach and Selectron Technologies, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, hereby reapproves the Contract for Interactive Voice Response
System with Selectron Technologies, Inc., of Portland, Oregon in an amount not–to-exceed
$300,000.00 and authorizes the City Manager to execute a contract and related documents
between the City of Boynton Beach and Selectron Technologies, Inc, a copy of which is
attached hereto as Exhibit “A”.
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Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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VENDOR CONTRACT FOR AN
INTERACTIVE VOICE RESPONSE (IVR) SYSTEM
“”
THIS CONTRACT is entered into between the City of Boynton Beach, hereinafter referred to as
SELECTRON TECHNOLOGIES, INC., of Portland, OR
“the City”, and hereinafter referred
to as “the Vendor”, in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1.PROJECT DESIGNATION. The Vendor is retained by the City to provide
Hosting/Management and maintenance of an Interactive Voice Response System in
connection with the project designated.
2.SCOPE OF SERVICES. Vendor agrees to perform the services, identified in Exhibits A-C
of the Vendor’s Master Services and Hosting Agreement attached hereto and incorporated
herein by reference, including the provision of all labor, materials, equipment and supplies
and to perform all the services provided hereunder.
No modifications will be made to the original scope of work except as agreed to by the parties
in writing.
3.TIME FOR PERFORMANCE. Work under this Contract shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required in an agreed upon timeframe by the Parties. The Vendor
shall furnish the City with a proposed work schedule based on deliverable milestones within
180 days from the project kick-off meeting which shall be scheduled after all of the contracts
are signed.
4.TERM: This Contract shall be for a period of five (5) years commencing on the date the
Contract is executed by the City. Renewal of the Agreement shall be upon approval of both
parties.
5.PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for
services rendered under this Contract as follows:
$300,000.00
a. The total contract price not too exceed , shall be the maximum total amount of
payment to vendor for services provided under this Contract for the entire term of the
Contract.
b. Payment for the work provided by Vendor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Vendor shall not
exceed the total contract price without express written modification of the Contract signed by
the City Manager or his designee.
c. The Vendor will submit invoices to the City in accordance with Exhibit A of the Vendor’s
Master Services and Hosting Agreement. Such invoices will be reviewed by the City, and
upon approval thereof, payment will be made to the Vendor in the amount approved.
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e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Vendor’s records and accounts pertaining to this Contract are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Contract. Copies shall be made available upon request.
6.COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by
this Contract, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this Contract.
7.INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this
contract professional liability insurance in the amount of $1,000,000 per occurrence to $2
million aggregate with defense costs in addition to limits.
Said professional 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
Contract.
8.COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, 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 Vendor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12.DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it
under this Contract, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13.ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this
Contract without the express written consent of the City.
16.DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Contract, which cannot be resolved through negotiations, shall be submitted to a court of
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competent jurisdiction in Palm Beach County, Florida. This Contract shall be construed
under Florida Law.
17.NOTICES.
Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Lori LaVerriere, City Manager
Notices to Vendor shall be sent to the following address:
Selectron Technologies, Inc.
th
12323 SW 66 Avenue
Portland, OR 97223
Attn: Todd Johnston
18.INTEGRATED CONTRACT. This Contract, together with attachments or addenda,
(Including Vendor’s Master Services and Hosting Agreement and its related Exhibits)
represent the entire and integrated Contract between the City and the Vendor and supersedes
all prior negotiations, representations, or Contracts written or oral. This Contract may be
amended only by written instrument signed by both City and Vendor.
19.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. Effective July 1, 2013, Section
119.0701, Fla. Stat., the contractor shall:
19.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
19.2. Provide the public with access to such public 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, Fla. Stat., or as otherwise provided by law;
19.3. 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
19.4 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 of the agency.
Failure of the contractor to comply with the provisions set forth in this General Condition
shall constitute a Default and Breach of the Agreement with the City.
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DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH SELECTRON TECHNOLOGIES, INC.
_________________________________ __________________________________
City Manager Vendor
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
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VENDOR CONTRACT FOR AN
INTERACTIVE VOICE RESPONSE (IVR) SYSTEM
“”
THIS CONTRACT is entered into between the City of Boynton Beach, hereinafter referred to as
SELECTRON TECHNOLOGIES, INC., of Portland, OR
“the City”, and hereinafter referred
to as “the Vendor”, in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
9.PROJECT DESIGNATION. The Vendor is retained by the City to provide
Hosting/Management and maintenance of an Interactive Voice Response System in
connection with the project designated.
10.SCOPE OF SERVICES. Vendor agrees to perform the services,identified in Exhibits A-C of
the Vendor’s Master Services and Hosting Agreement attached hereto and incorporated
herein by reference, including the provision of all labor, materials, equipment and supplies
and to perform all the services provided hereunder.
No modifications will be made to the original scope of work except as agreed to by the parties
in writing.
11.TIME FOR PERFORMANCE. Work under this Contract shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required in an agreed upon timeframe by the Parties. The Vendor
shall furnish the City with a proposed work schedule based on deliverable milestones
[SRW1]
within 180 days from the project kick-off meeting which shall be scheduled after all of the
contracts are signed.
12.TERM: This Contract shall be for a period of five (5) years commencing on the date the
Contract is executed by the City. Renewal of the Agreement shall be upon approval of both
parties.
13.PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for
services rendered under this Contract as follows:
$300,000.00
a. The total contract price not too exceed , shall be the maximum total amount of
payment to vendor for services provided under this Contract for the entire term of the
Contract.
b. Payment for the work provided by Vendor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Vendor shall not
exceed the total contract price without express written modification of the Contract signed by
the City Manager or his designee.
c. The Vendor will submit invoices to the City in accordance with Exhibit A of the Vendor’s
Master Services and Hosting Agreement. Such invoices will be reviewed by the City, and
upon approval thereof, payment will be made to the Vendor in the amount approved.
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e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Vendor’s records and accounts pertaining to this Contract are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Contract. Copies shall be made available upon request.
14.COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by
this Contract, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this Contract.
15.INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this
contract professional liability insurance in the amount of $1,000,000 per occurrence to $2
million aggregate with defense costs in addition to limits.
Said professional 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
Contract.
16.COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, 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 Vendor,
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.
14.DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it
under this Contract, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
15.ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this
Contract without the express written consent of the City.
18.DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Contract, which cannot be resolved through negotiations, shall be submitted to a
[SRW2]
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court of competent jurisdiction in Palm Beach County, Florida. This Contract shall be
construed under Florida Law.
19.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: Lori LaVerriere, City Manager
Notices to Vendor shall be sent to the following address:
Selectron Technologies, Inc.
th
12323 SW 66 Avenue
Portland, OR 97223
Attn: Todd Johnston
20.INTEGRATED CONTRACT. This Contract, together with attachments or addenda,
(Including Vendor’s Master Services and Hosting Agreement and its related Exhibits)
represent the entire and integrated Contract between the City and the Vendor and supersedes
all prior negotiations, representations, or Contracts written or oral. This Contract may be
amended only by written instrument signed by both City and Vendor.
21.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. Effective July 1, 2013, Section
119.0701, Fla. Stat., the contractor shall:
19.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
19.2. Provide the public with access to such public 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, Fla. Stat., or as otherwise provided by law;
19.3. 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
19.4 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 of the agency.
Failure of the contractor to comply with the provisions set forth in this General Condition
shall constitute a Default and Breach of the Agreement with the City.
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DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH SELECTRON TECHNOLOGIES, INC.
_________________________________ __________________________________
City Manager Vendor
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
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6. E
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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. R14-068 - Ratify
EQUESTED CTION BY ITY OMMISSION
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
July 17, 2014 meeting and give authorization to do the following:
1) Accept the 2014/2015 Wastewater and Reclaim O&M Budgets;
2) Replace Section XVI "Employment of Relatives" of the Board rules.;
3) Accept the 2014/2015 Organization Chart and Salary Ranges;
4) Maintain the reclaim user rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray
Dunes and Pine Tree for fiscal year 2014/2015 at $.2000/1,000 Gallons;
5) Establish reclaim user rate at $0.18598/1,000 Gallons to consumers Delray Beach, Boynton
Beach and South Central Regional for fiscal year 2014/2015;
6) Establish wastewater user rate (O&M at $1.0739/1,000 Gallon and R&R Reserves at
$0.2000/1,000 Gallon) to Delray Beach and Boynton Beach for fiscal year 2014/2015
ER:ER:
On July 17, 2014, 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.
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.
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RESOLUTION NO. R14-068
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 17, 2014, 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
17, 2014, as set forth on the attached Exhibit “A”, and authorizes the City Manager and City Clerk to
execute said Ratifications.
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 July 17, 2014, 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.
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PASSED AND ADOPTED
this _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_______________________________
Mayor – Jerry Taylor
________________________________
Vice Mayor – Joe Casello
________________________________
Commissioner – David T. Merker
________________________________
Commissioner – Mack McCray
_______________________________
Commissioner- Michael M. Fitzpatrick
ATTEST:
________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. F
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2013 -14 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Fund for the nine (9) month period ended June 30, 2014.
Explanation of Request
:This report summarizes the estimated funding sources and
the adopted expenditure budgets for the City’s General Fund and Utility Fund for the
nine (9) month period ended June 30, 2014 (75% of the fiscal year). The analysis
compares:
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility
ISCAL MPACT
Fund.
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GENERAL FUND
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 71,267$ 61,57186%$ 69,643$ 58,66384%2%5%
Expenditures$ (71,267)$ (53,514)75%$ (69,643)$ (51,749)74%2%3%
Excess (Deficit)$ -$ 8,057$ -$ 6,914
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes
and other revenues provide funding sources of $54.3M or 76% of our total $71.2M
General Fund budget estimate for FY 2013-14. Transfers from other funds (non-
revenues) provide $16.9M or 24% of the total funding sources to balance our $71.2M
General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 36% - $ 25.3M – Property taxes less Tax Increment Financing to the CRA
2. 40% - $ 29.0M – All other revenues plus General Fund Balance
3._24% - $ 16.9M – Transfers from other funds
100% - $ 71.2M – Total funding sources
The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills;
the net property taxes of $25.3M in FY 2013-14 represent a 10% increase in property
tax revenue or an increase of $2.6M from FY 2012-13.
To balance the budget in FY 2013-14, it required transfers from other funds of $16.9M
representing 24% of all funding sources.
Actual Funding Sources Realized:
At the end of the ninth month in FY 2013-14,
revenues and transfers realized are approximately $61.57M of the budget estimate
compared to $58.66M realized to date in FY 2012-13.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA
, received to date was
$24.3M as compared to $22.7M for FY 2012-13, as noted on Exhibit A.
Other Revenues: The four major revenue sources other than property taxes:
Franchise Fees
1. realized was $3.3M or 75% actual collected compared to $3.1M or
69% in FY 2012-13.
Business Taxes
2. are due at the beginning of the fiscal year. For FY 2013-14,
approximately $1.4M or 101% has been collected compared to the FY 2012-13 amount
of $1.3M or 96%.
State Shared revenues
3. of $5.4M or 77% have been collected in FY2013-14 as
compared to $5.1M or 76% received in FY 2012-13.
Public Safety revenues
4. at this point is ahead of the budgeted amount; $3.7M or
92% was received compared to $3.4M or 86% for FY 2012-13.
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Special Assessment revenues,
5. related to Fire and Rescue, in the amount of
$4.7M or 95% has been collected compared to $4.7M or 97% in FY 2012-13.
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 2.3% from
$69.6M to $71.2M. The budget increase was due to the cost of doing business,
providing funding for additional landscaping, wage increases and increases for
insurance costs.
Actual Expenditures –
General Fund expenditures for the nine month period ending
June 30 (75% of the fiscal year) are $53.5M that is 75% of the $71.2M expenditure
appropriation for FY 2013-14.
The table at the top of Exhibit B displays actual expenditures of $53.5M or 75% of the
FY 2013-14 budget. At this point in the fiscal year, spending levels are slightly ahead
compared to the $51.7M or 74% actual spending levels in FY 2012-13 for this same
period.
UTILITY FUND
The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase
from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of
an estimated $49K into the fund balance for FY 2013-14.
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 39,167$ 31,39180%$ 37,719$ 28,98377%4%8%
Expenditures$ (39,167)$ (28,468)73%$ (37,719)$ (27,460)73%4%4%
Excess (Deficit)$ -$ 2,923$ -$ 1,523
For the nine month period in FY 2013-14,
Revenues realized are $31.39M (80%) of the annual budget estimate.
Expenditures incurred are $28.47M (73%) of the annual appropriated budget.
This resulted in revenues in excess of expenditures yielding a surplus of approximately
$2.9M.
The following provides brief comments on the Utility Fund revenues and expenditures to
date.
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Revenues (Exhibit C) -
The $31.39M in FY 2013-14 actual revenues and fund balance
have increased over the $28.98M in FY 2012-13, because of two factors:
Water Sales - $14.57M equivalent to 81% of the annual estimate, compared to
$14.04M or 78% at this point in FY 2012-13.
Water Service Charge - $783K equivalent to 174% of the annual estimate,
compared to $363K at this point in FY 2012-13, due to stricter enforcement of
fees associated with delinquent accounts and the reconnection of water service.
Sewer Service - $13.16M equivalent to 78% of the annual estimate, compared to
$12.63M or 76% at this point in FY 2012-13.
In FY 2013-14, $ 49K is being recognized as an added increase to fund balance,
compared to an added increase of $ 1.2M in FY 2012-13.
Expenditures (Exhibit D)
– Utility Fund FY 2013-14 expenditures to date are $28.47M
or 73% of the annual appropriation compared to expenditures of $27.46M or 73% for
the prior fiscal year.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. G
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the Award for "ANNUAL SUPPLY OF
EQUESTED CTION BY ITY OMMISSION
PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid #059-1412-14/MFD to the lowest,
most responsive, responsible bidders meeting all specifications on an "AS NEEDED" basis to the
following two (2) companies as primaries to a group: Ferguson Enterprises (Group SCH80) and
FIS Outdoor Inc. (Group SCH40). Also approve the award to John Deere Landscapes as the
secondary vendor to both groups. These items will be ordered on an "AS NEEDED" basis and
the estimated annual expenditure is $60,000.
: S4,2014–S3,2015
CONTRACT PERIODEPTEMBER EPTEMBER
ER:
XPLANATION OF EQUEST
On July 9, 2014, Procurement Services opened and tabulated five (5) bids for PVC and
Irrigation Supplies. These supplies are used for the repair and maintenance of irrigation
systems for City maintained properties. All bids were reviewed by the Warehouse
Manager. It was determined to recommend this award be by group to two (2) primary
.
vendors and one (1) secondary vendorThere has been an increase in the annual
expenditure of these commodities in the last year due to additional median
maintenance. The award is as follows:
Ferguson Enterprises
Primary Vendor for Group SCH80
Items # 100 - 178
FIS Outdoor
Primary Vendor for Group SCH40
Items # 1 – 99
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John Deere Landscapes
Secondary Vendor for Groups SCH40 and SCH80
Items # 1 - 178
The purpose of the secondary vendor is to provide products when the primary cannot
due to shortages or delivery times.
The decision to award by group is due to the fact that the majority of items were low
with a particular vendor for SCH40 and another with SCH80. To award item by item
would force a vendor to ship orders less than $5.00, which in turn the vendor would
more than likely opt out of the bid. Grouping the award allows for higher dollar orders
which will insure delivery.
Below is the number of items awarded to each vendor by group which formed the basis
of the award. The winning bid is in Bold and the secondary award is in Italics.
Ferguson
SCH80
SCH40
69 Items
5 Items
FIS Outdoor
SCH40
SCH80
78 Items
3 Items
HD Supply
SCH40 SCH80
5 Items 3 Items
John Deere Landscapes
SCH40 SCH80
12 Items 4 Items
Lion Plumbing
SCH40 SCH80
0 Items 2 Items
Previous years’ expenditures:
FY 13/14 $54,202.41
FY 12/13 $19,200.18
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The purpose of this bid is to secure a source of supply for the purchase of PVC and
Irrigation Supplies. These supplies will be ordered on an “AS NEEDED BASIS” and
stocked within the City’s Warehouse.
FI:ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCKANNUAL EXPENDITURE
502-0000-141-0100 $60,000
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A:
LTERNATIVES
Obtain quotes on an “as needed” basis which would not be cost effective.
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO: Tim Howard, Director of Financial Services
FROM: Michael Dauta, Warehouse Manager
DATE: July 16, 2014
SUBJECT: Irrigation Bid # 059-1412-14/MFD
I reviewed the tabulation sheet sent from your office. The evaluating factor used
was price. The annual estimated expenditure is $60,000. Last year’s expenditures
were $54,202.41. The previous year’s expenditures were $19,200.18. The increase
is due to the maintenance of the medians.
My recommendation is to award by group. One award for SCH40 group and
another award for SCH80 group. The award will be for two (2) vendors as the
primaries for their respective group and one (1) vendor as the secondary to both
groups. The award is as follows:
Ferguson Enterprises
Primary Vendor for Group SCH80
Items # 100 - 178
FIS Outdoor
Primary Vendor for Group SCH40
Items # 1 – 99
John Deere Landscapes
Secondary Vendor for Groups SCH40 and SCH80
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Items # 1 - 178
The purpose of the secondary vendor is to provide products when the primary
cannot due to shortages or delivery times.
The decision to award by group is due to the fact that the majority of items were
low with a particular vendor for SCH40 and another with SCH80. To award item
by item would force a vendor to ship orders less than $5.00, which in turn the
vendor would more than likely opt out of the bid. Grouping the award allows for
higher dollar orders which will insure delivery.
Below is the number of items awarded to each vendor by group which formed the
basis of the award. The winning bid is in Bold and the secondary award is in
Italics.
Ferguson
SCH80
SCH40
69 Items
5 Items
FIS Outdoor
SCH40
SCH80
78 Items
3 Items
HD Supply
SCH40 SCH80
5 Items 3 Items
John Deere Landscapes
SCH40 SCH80
12 Items 4 Items
Lion Plumbing
SCH40 SCH80
0 Items 2 Items
In addition to the overall low prices, the following vendors are offering a discount
for items not listed on this bid.
Ferguson 10%
FIS Outdoor 25%
HD Supply Waterworks 76%
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John Deere Landscapes 75%
Lion Plumbing 75%
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6. H
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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:
Reject all four (4) proposals received in response to
EQUESTED CTION BY ITY OMMISSION
the Request for Proposals (RFP) No. 035-2821-14/DJL "CONSTRUCTION MANAGEMENT
SERVICES FOR RAW WATER MAIN SECTION C" and re-advertise.
ER:
The City issued Request for Proposals (RFP) No. 035-2821-
XPLANATION OF EQUEST
14/DJL "CONSTRUCTION MANAGEMENT SERVICES FOR RAW WATER MAIN SECTION
C" to provide construction management services and resident project representative services
during the construction of Section C of the Raw Water Main pipeline, which connects the western
wellfield to the East Water Treatment Plant.
The RFP was advertised and submittals were due on June 11, 2014 at 2:00 p.m. The
City received and opened four (4) proposals. Subsequent to the opening of the
proposals and after discussing the scope of work included in the RFP with the Utilities
Director, staff believes it is in the best interest of the City to reject all four (4) proposals
and allow the Utilities Director to review and make any modifications to the scope of
services that he believes are warranted and re-advertise.
H?
Rejection of these proposals will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
add some time to award a contract for these services but the Utilities Director is
comfortable with that and would like to have time to review the scope of services and
possibly make changes to the scope.
FI:
None at this time.
ISCAL MPACT
A:
None.
LTERNATIVES
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6. I
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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 resignation of Christine Stella, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Financial Advisory Committee.
ER:
Christine Stella sent an email explaining other work
XPLANATION OF EQUEST
commitments prevent her from being a member of Financial Advisory committee and
attending the meetings.
H?
The Financial Advisory Committee
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will have a vacancy.
FI:
N/A
ISCAL MPACT
A:
None
LTERNATIVES
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6. J
CONSENT AGENDA
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
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, 2014
The City Commission met on July 16, 2014 and minutes were prepared from the notes
taken at the meetings. The Florida Statutes provide that minutes of all Commission
meetings be prepared, approved and maintained in the records of the City of Boynton
Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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7. A
BIDS AND PURCHASES OVER $100,000
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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. R14-069 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to execute a contract with Man-Con, Incorporated of Deerfield
Beach, FL for the Central Seacrest Corridor Utilities Improvements project, Bid No. 034-2821-
14/DJL in the amount of $8,142,973.50 plus a 10% contingency of $814,297.35, if needed, for
staff approval of change orders for unforeseen conditions for a total expenditure of
$8,957,270.85, as the most responsive, responsible bidder.
ER:
On May 9, 2014, the City of Boynton Beach advertised an
XPLANATION OF EQUEST
Invitation to Bid for the Central Seacreast Corridor Utilities Improvements project, Bid No. 034-
2821-14/DJL. Bid proposals were received and publicly opened on June 25, 2014. Four
(4) bids were received, and Man-Con, Incorporated (Man-Con) who’s bid was identified as
the low bidder. The City’s construction management consultant for the project, Mathews
Consulting, reviewed the bid proposals and conducted reference checks for the three
(3) lowest bidders. Mathews Consulting contacted the references for Man-Con and
received satisfactory feedback, and recommends award of the Construction Contract to
Man-Con in the amount of $8,142,973.50. Man-Con’s handwritten bid stated
$8,142,993.50; however, once all of their bid quantities were summed in a spreadsheet,
the bid actually equals $8,142,973.50. This is only a $20 error, and it does not affect the
bid order. Man-Con is the lowest bidder providing the best value to the City of Boynton
Beach. Attached are Mathews Consulting’s recommendation letter and the bid
tabulation sheet for all bidders.
The work under this project consists of water main replacement, stormwater system
upgrades including new exfiltration trench, pavement overlay and miscellaneous
upgrades to driveway aprons and sidewalks, within an area bordered on the north by
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Boynton Beach Boulevard, on the east by the FEC Railroad, on the south by Woolbright
Road, and on the west by Interstate 95, considered as Phase 1 or Contract 1of the Central
Seacreast Corridor Utilities Improvements project.
H?
This project will replace all existing
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
old and undersized water mains within the project area, eliminate piping and services in
rear easements, improve the current and future water service and supply to the
residents within the area, provide overall neighborhood improvements such as new
driveway aprons, swales, and exfiltration trenches in identified flood-prone areas, and
asphalt overlay on all the streets affected by the project. Fire hydrants will also be
added for adequate fire protection for the neighborhood.
FI:
The total funding for the project including the 10% contingency is
ISCAL MPACT
$8,957,270.85. Funding is available in account numbers
403-5000-590-96-02 project WTR106,
403-5006-590-65-02 project WTR106,
403-5010-533-65-02 project WTR106,
403-5000-590-96-07 project STM022,
403-5006-590-65-09 project STM022, and
403-5010-538-65-09 STM022.
A:
This is an important neighborhood utility improvement project for the
LTERNATIVES
City, and there are no feasible alternatives at this time.
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RESOLUTION NO. R14-069
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF A CONTRACT TO MAN-CON,
INCORPORATED FOR THE CENTRAL SEACREST CORRIDOR
UTILITIES IMPROVEMENTS PROJECT, BID #034-2821-14/DJL, IN
THE AMOUNT OF $8,142,973.50 PLUS A 10% CONTINGENCY IN
THE AMOUNT OF $814,297.35, IF NEEDED, FOR A TOTAL BUDGET
APPROPRIATION OF $8,957,270.85; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
on May 9, 2014, the City of Boynton Beach advertised an Invitation to Bid
for the Central Seacrest Corridor Utilities Improvements Project, Bid No. 034-2821-14/DJL; and
WHEREAS,
four bid proposals were received and publicly opened on June 25, 2014 and
Man-Con Incorporated’s (Man-Con) bid was identified as the low bidder; and
WHEREAS,
the City’s Construction Manager for the project, Mathews Consulting,
reviewed the bid proposals and conducted reference checks for the three (3) lowest bidders; and
WHEREAS,
as a result of the bid evaluation-due diligence performed staff is
recommending the award of the contract to Man-Con Incorporated as the lowest bidder
providing the best value to the City of Boynton Beach; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award a
contract to Man-Con Incorporated for Bid #034-2821-14/DJL for the Central Seacrest Corridor
Utilities Improvements Project, in the amount of $8,142,973.50 with a 10% contingency in the
amount of $814,297.35 for a total budget appropriation of $8,957,270.85.
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.
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Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
award a contract to Man-Con Incorporated for Bid #034-2821-14/DJL for the Central Seacrest
Corridor Utilities Improvements Project, in the amount of $8,142,973.50 with a 10%
contingency in the amount of $814,297.35 for a total budget appropriation of $8,957,270.85, a
copy of which is attached hereto as Exhibit “A”.
Section 3. The City Manager is authorized to execute the contract on behalf of the
City Commission.
Section 4. This Resolution shall become effective immediately upon passage.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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PASSED AND ADOPTED
this _____ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONSTRUCTION CONTRACT
CENTRAL SEACREST CORRIDOR UTILITIES IMPROVEMENTS – PHASE 1
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as “CITY”, and MAN-CON, INCORPORATED, 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 5, 2014, by Resolution No.:________, the CITY Commission
authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 034-
2821-14/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: “CENTRAL SEACREST
CORRIDOR UTILITIES IMPROVEMENTS – PHASE 1, Invitation to Bid #034-2821-14/DJL.
Article 2. CONSULTANT.
Mathews Consulting,Inc. (“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 _540_ 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
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CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the CITY, Two Thousand One-Hundred Dollars ($2,100.00) for each
day that expires after the time specified in paragraphs 3.1 for substantial completion until the
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 Five Hundred Twenty-
Five Dollars ($525.00) 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
($8,142,973.50)
Contract Documents, the aggregate amount of this Contract
Eight Million One-Hundred Forty-Two Thousand Nine Hundred Seventy-Three Dollars and Fifty
Cents.
(Written)
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.
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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:
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 June 4, 2014
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Attn:
Addendum No. 2, Dated June 6, 2014
Addendum No. 3, Dated June 18, 2014
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: Jose Huertas, Senior Project Manager Attn: Director of Finance
City of Boynton Beach
100 E. Boynton Beach Boulevard 100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425 Boynton Beach FL 33425
Tel (561) 742-6487 Tel (561) 742-6311
Fax (561) Fax (561) 742-6316
And if sent to the CONTRACTOR shall be mailed to:
Man-Con Incorporated
3460 SW 11 th Street
Deerfield Beach, FL 33442
Attn: Guy A. Mancini
Tel: (954)427-0230
Fax: (954)427-8133
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.
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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.
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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
Approved as to Form: Attest/Authenticated:
__________________________ __________________________________
Office of the City Attorney Secretary
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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
______________________________________________ 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.
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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.
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Signed and sealed this __________ day of ____________________, 20____.
_______________________________________
Principal (Seal)
________________________________
Witness
_______________________________________
Title
_______________________________________
Surety
________________________________
Witness
_______________________________________
Attorney-in-Fact
END OF PERFORMANCE BOND
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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 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
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_____________________________ 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 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.
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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
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CITY OF BOYNTON BEACH
WARRANTY OF TITLE
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)
END OF WARRANTY OF TITLE
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7. B
BIDS AND PURCHASES OVER $100,000
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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. R14-070 -
EQUESTED CTION BY ITY OMMISSION
Approve Budget Amendment for the Fleet Maintenance Internal Service Fund for the Fiscal Year
2013-2014, amending the appropriated budget from $7,328,709 to $8,588,112 and;
2) Approve the purchase of 9 replacement vehicles and an additional vehicle for Utilities; for a
total of 10 units in the amount of $1,304,885.18. The purchases will utilize the following
contracts/bids and vendors; Florida Sheriff's Contract #13-11-0904 (Palm Peter Built Truck
Centers), Florida Sheriff's Contract #13-21-0904 (Duval Ford Fleet Sales), Florida Sheriff's
Contract #11-10-1202 (Sutphen Corporation) and National Joint Powers Alliance (NJPA)
contract #022014 (Hi-Vac Corporation)
ER:
The Fleet Maintenance Division recommends the purchase
XPLANATION OF EQUEST
of (9) nine replacement units ahead of schedule due to severe damage and the units
not being cost effective to repair. Additionally, a trailer mounted sewer cleaner will be
added to the Utilities fleet. Attached is a spreadsheet (Exhibit 1) indicating vendor,
number of units ordered, user department, bid/contract information and cost.
The 9 replacement units are 3708, 4641, 4713, 4359, 3709, 4605, 4637 (Police
Department), 1676 (Solid Waste Department) and 804 (Fire Rescue).
The aforementioned units have been prefunded since their inception in to the fleet.
Below is a synopsis of the condition of each vehicle issue:
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Units 3709 (Dodge Magnum Scheduled FY14-15 replacement), 4641(Ford
Crown Victoria FY14-15 Replacement), 4359 (Chevy Caprice FY 18-19
replacement), are police vehicles that were involved in collisions and were
deemed totaled. Aside from annual pre-funding, funds were attained through
subrogation and risk management. Thus far Risk Management has transferred
$24,000 for unit 4359 and $5,138 for unit 4641. Risk Management currently in
working with an insurance company to acquire funds through subrogation for unit
3709.
Units 3708 (Dodge Charger FY 14-15 Replacement), 4713 (Ford Crown Victoria
FY14-15 Replacement), 4605(Ford Crown Victoria FY 14-15), 4637 (Ford Crown
Victoria), are units that were not cost effective to repair when factoring vehicle
resale value.
Unit 804- (2001 Pierce Arial Ladder) scheduled replacement is in FY14-15. Its
annual prefunding amount has been $53,000.The unit has major pump issues
and various malfunctions that hinder its operation as a front line unit. In order to
have this unit fully functional, repairs for the ladder configuration and pump are
over $30,000. Furthermore, many of the replacement parts are obsolete.
Unit 1676- (2006 Automated Residential Garbage Truck)- This unit is scheduled
to be replaced next fiscal year (14-15). Currently, this is used as a front line unit
and has had numerous breakdowns. If approved, the replacement will be used
as a front line unit and 1676 will be used as a reserve. This will put the City’s
residential automated trucks back at full capacity with 4 front line & 2 reserve.
Utilities have budgeted for a trailer mounted sewer/jetter cleaner. This will increase
productivity and inspection of sewer laterals. This unit will be used for preventative
maintenance and repairs procedures in regards to sewer lines. The Fleet Maintenance
Division will now place this unit in the replacement program.
All agencies have complied with public contract bid requirements that equal or exceed the City of
Boynton Beach bid requirements
The Fleet Maintenance Division intends to award the following vendors for purchases as
follows:
A. Palm Peter Built Truck Centers $252,504 off of the Florida Sheriffs contract #
13-11-0904 for 1676’s replacement for the Solid Waste Department
B. Duval Ford $229,522 off of the Florida Sheriffs Association Contract #13-21-
0904 for 7 units to the police department
C. Sutphen Corporation $777,377.08 off of the Florida Sherriff’s Contract # 11-
10-1202 for 1 Sutphen mid-mount SL-75 Quint truck
D. Hi-Vac Corporation $45,482.10, off of the National Joint Powers Alliance
(NJPA) contract #022014 for the trailer mounted sewer cleaner.
The total of these purchases are $1,304,885.10, Fleet Maintenance Fund’s portion is
$1,259,403.08 and Utilities Fund’s portion is $45,482.10. All of these vehicles will be delivered
after 10/01/2014, payment will be made in FY14/15.
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H?
The units being purchased will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
follow a lifecycle allowing maximum vehicle efficiency that minimizes annual
maintenance charged to each of the operating departments and reducing downtime.
FI:
ISCAL MPACT
The funding for the trailer mounted sewer cleaner has been budgeted under Utilities
account 401-2815-536-64-02.
The funding for remainder of these purchases will be added to the FY2013-2014 budget
and will be charged to the Fleet Maintenance Fund, account #501-2516-519-64-33.
A:
To defer or not purchase selected replacement or new vehicles beyond
LTERNATIVES
those already deferred in the FY 2013/14 budget cycle. However, deferring purchases
will increase departmental maintenance costs.
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RESOLUTION R14-070
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND
ENDING SEPTEMBER 30, 2014; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,
a final budget was approved by the City Commission on September 17,
2013, for the 2013-2014 fiscal year; and
WHEREAS
, the Fleet Maintenance Division recommends the purchase of nine (9)
replacement units ahead of schedule due to severe damage and the units not being cost
effective to repair; and
WHEREAS,
the units being purchased will follow a lifecycle allowing maximum
vehicle efficiency that minimizes annual maintenance charged to each of the operating
departments and reducing downtime; and
WHEREAS,
in order to accomplish this the Fleet Maintenance Internal Service Fund
will need to be amended for the fiscal year 2013-14, amending the appropriated budget from
$7,328,709 to $8,588,112; and
WHEREAS,
the City Commission of the City of Boynton Beach deems it to be in the
best interests of the residents and citizens of the City of Boynton Beach to approve the
amendment to the adopted budget of the City of Boynton Beach, Florida, for the fiscal year
beginning October 1, 2013, and ending September 30, 2014, by increasing the Fleet
Maintenance Internal Service Fund for the purchase of nine (9) replacement vehicles and an
additional vehicle for Utilities for a total of ten (10) units by increasing the previously
appropriated sum of $7,328,709 to $8,588,112.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
amends the fiscal year 2013-2014 adopted budget, a copy of such amendments are attached
hereto as Exhibit “A” and the appropriations set out therein for the fiscal year beginning
October 1, 2013 and ending September 30, 2014, to maintain and carry on the government of
the City of Boynton Beach.
Section 3. That there is hereby appropriated the sum of $8,588,112, increased from
the original appropriated sum of $7,328,709, to the Fleet Maintenance Internal Service Fund
for the purchase of nine (9) replacement vehicles and an additional vehicle for Utilities for a
total of ten (10) units.
Section 4. This Resolution shall become effective immediately upon passage.
(Remainder of page intentionally left blank)
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PASSED AND ADOPTED
this ______ day of August, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor - Jerry Taylor
_______________________________
Vice Mayor – Joe Casello
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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12. A
NEW BUSINESS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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 of Commissioner Merker to discuss
EQUESTED CTION BY ITY OMMISSION
Human Rights Council's proposed Boynton Beach Civil Rights ordinance and domestic
partnership benefits.
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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13. A
LEGAL
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-012 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve the "Emergency Medical Services Ordinance" to
establish the new fee structure and rates for Emergency Medical Transport services by Boynton
Beach Fire Rescue Department
ER:
The City has been billing for ALS/EMS transport services
XPLANATION OF EQUEST
since 1992 and has utilized third party billing companies and has done the billing in-
house. The responsibility of the billing has remained in house since 2007.
This ordinance establishes the updated rates for Emergency Medical Transport services
provided by the fire rescue department effective 10/01/2014 and authorizes an annual
adjustment to the rate structure through September 30, 2019. After reviewing the
charges for these services in the surrounding municipalities, staff recommends updating
the City’s charges effective 10/1/14. As well as codifying other administrative actions
that affect EMS Billing for transport services in accordance with departmental standard
operating guidelines and policies.
H?
This establishes a clearly defined
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
EMS Transport rate structure through September 30, 2019 and will increase the
revenue collected for those services
FI:
The rate change anticipates an increase in revenues for FY 2014/2015
ISCAL MPACT
by an estimated $200,000 and annually thereafter by an additional $20,000 through
September 30, 2019.
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A:
Leave rates the same as they are; no increase in revenues for transport
LTERNATIVES
services.
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ORDINANCE NO. 14-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S CODE
OF ORDINANCES TO AMEND THE TITLE TO CHAPTER 23 TO
READ “TAXATION, ASSESSMENTS AND FEES;” TO CREATE A
NEW ARTICLE V IN CHAPTER 23 TO BE ENTITLED
“EMERGENCY MEDICAL SERVICES FEES AND CHARGES,” TO
ADD A NEW SECTION 23-55 TO BE ENTITLED “DEFINITIONS”
TO PROVIDE FOR DEFINITIONS, A NEW SECTION 23-56 TO BE
ENTITLED “EMERGENCY MEDICAL SERVICES
TRANSPORTATION FEES AND CHARGES” TO PROVIDE FOR
THE FEES AND CHARGES, AND A NEW SECTION 23-57 TO BE
ENTITLED “COLLECTION OF EMERGENCY MEDICAL
SERVICES TRANSPORTATION FEES AND CHARGES” TO
PROVIDE FOR COLLECTION; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, the City Commission finds it in the best interest of the City to create a
new Article V in Chapter 23 to provide for and confirm fees and charges for Emergency
Medical Services Transportation, and the collection thereof; and,
WHEREAS,
the City Commission finds it in the best interest of the City that the title
to Chapter 23 of the City’s Code of Ordinances be corrected to reflect its contents, and provide
for the inclusion in the future of assessments and fees as may be authorized by the City
Commission
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a part of this Ordinance.
Section 2
. The Code of Ordinances of the City of Boynton Beach is hereby amended
to amend the title of Chapter 23 as follows:
CHAPTER 23. TAXATION, ASSESSMENTS AND FEES
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Section 3
. The Code of Ordinances of the City of Boynton Beach is hereby amended
by amending Chapter 23 to add a new Article V, to be entitled “Emergency Medical Services
Transportation Fees and Charges” by adding a new a new Section 23-55 to be entitled
“Definitions,”, a new Section 23-56 to be entitled “Emergency Medical Services
Transportation Fees And Charges,” and a new Section 23-57 to be entitled “Collection Of
Emergency Medical Services Transportation Fees And Charges,” as follows:
ARTICLE V. EMERGENCY MEDICAL SERVICES TRANSPORTATION FEES
AND CHARGES
Sec. 23-55. Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a) Basic life support (BLS) services include the treatment of medical emergencies by a
qualified person through the use of techniques such as patient assessment, cardiopulmonary
resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen,
application of medical anti-shock trousers, administration of a subcutaneous injection using
a premeasured auto-injector of epinephrine to a person suffering an anaphylactic reaction,
and other techniques described in the Emergency Medical Technician Basic Training Course
Curriculum of the United States Department of Transportation.
(b) Advanced life support services means the treatment of life-threatening emergencies through
the use of techniques such as endotracheal intubation, the administration of intravenous
fluids, medications, telemetry, cardiac monitoring, cardiac defibrillation, and the use of
external pacemakers by a qualified paramedic. Advanced life support services are classified
in two categories as follows:
(1) Advanced life support, level 1 (ALS1): Where medically necessary, the provision of an
assessment by an advanced life support (ALS) provider and/or the provision of one or
more ALS interventions. An ALS intervention is defined as a procedure beyond the
scope of an EMT-Basic as defined in the National EMS Education and Practice
Blueprint.
(2) Advanced life support, level 2 (ALS2): Where medically necessary, the administration
of at least three (3) different medications and/or the provision of one (1) or more of the
following ALS procedures:
• Manual defibrillation/cardioversion.
• Endotracheal intubation.
• Central venous line.
• Cardiac pacing.
• Chest decompression.
• Surgical airway.
• Intraosseous line.
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Sec. 23-56. Emergency Medical Services Transportation Fees and Charges.
(A) The fees and charges for emergency medical transportation services are as follows:
Effective October 1, 2014:
(1) BLS Transport Fee .....$610.00
(2) ALS1 Transport Fee .....610.00
(3) ALS2 Transport Fee .....770.00
(4) Mileage .....12.00
Effective October 1, 2015:
(1) BLS Transport Fee .....$630.00
(2) ALS1 Transport Fee .....630.00
(3) ALS2 Transport Fee .....790.00
(4) Mileage .....12.50
Effective October 1, 2016:
(1) BLS Transport Fee .....$650.00
(2) ALS1 Transport Fee .....650.00
(3) ALS2 Transport Fee .....810.00
(4) Mileage .....13.00
Effective October 1, 2017:
(1) BLS Transport Fee .....$670.00
(2) ALS1 Transport Fee .....670.00
(3) ALS2 Transport Fee .....830.00
(4) Mileage .....13.50
Effective October 1, 2018:
(1) BLS Transport Fee .....$690.00
(2) ALS1 Transport Fee .....690.00
(3) ALS2 Transport Fee .....850.00
(4) Mileage .....14.00
Sec.23-57. Collection of Emergency Medical Services Transportation Fees and Charges.
(A) The Fire-Rescue Department will submit bills to patients or to the patient's insurance carrier
for the provision of Basic Life Support or Advanced Life Support transportation.
(B) The Boynton Beach Fire-Rescue Department has established the Standard Operating
Guidelines for EMS Transportation Billing Policies, Procedures and Collections. The
Administration and Finance Officer is hereby authorized to adjust the accounts as stated in
the policy.
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(C) The City may collect delinquent charges through any and all available legal remedies.
(D) The City Finance Department is hereby authorized to accept assignment at the maximum
allowable rate of Medicaid, Medicare, and Palm Beach County Health Care District benefits.
(E) The City Finance Department is hereby authorized to negotiate payment settlements of
outstanding debts owed to the City for emergency services rendered when the debtor is
unable to satisfy the outstanding balance due.
Section 4.
City Staff is authorized to take all steps necessary to effectuate the intent
of this ordinance.
Section 5
. It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re
lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or
phrase in order to accomplish such intention.
Section 6
. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 7
. If any clause, section, or other part or application of this Ordinance shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications remaining in full force and effect.
Section 8
. This Ordinance shall become effective upon adoption.
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS ___ DAY OF
__________________, 2014.
PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ON THE SECOND AND FINAL READING, THIS ___
DAY OF __________________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
__________________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor –Joe Casello
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
________________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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14. A
FUTURE AGENDA ITEMS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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:
Discuss impact of pending legislation legalizing
EQUESTED CTION BY ITY OMMISSION
restricted use of medical marijuana. TBD
ER:
Vice Mayor Casello requested a future agenda item for
XPLANATION OF EQUEST
discussion of the impact of this legislation on city zoning, business licenses, etc. This
item will be scheduled for an August commission agenda.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
444 of 447
14. B
FUTURE AGENDA ITEMS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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:
Hear presentation from All Aboard Florida - 9/3/14
EQUESTED CTION BY ITY OMMISSION
ER:
As a result of discussions at the Budget Workshop on July
XPLANATION OF EQUEST
nd
22, the Commission has requested a future agenda item for discussion of the impact
of this project. All Aboard Florida representatives will attend our Sept. 3, 2014
Commission Meeting to answer any questions the Commission and public may have.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
445 of 447
14. C
FUTURE AGENDA ITEMS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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:
Development Department to bring forward an
EQUESTED CTION BY ITY OMMISSION
ordinance establishing a certificate of use program - TBD
ER:
As part of the FY14/15 proposed budget staff is requesting
XPLANATION OF EQUEST
establishing a certificate of use program with an appropriate fee. Development will bring
forward an Ordinance requesting the establishment of this program and the fee
structure.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
August 5, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 5, 2014
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:
Public Works to bring forward an ordinance
EQUESTED CTION BY ITY OMMISSION
revising monthly refuse charges to single-family and multi-family residences to be effective
10/01/14 - TBD
ER:
As part of the FY14/15 proposed budget staff is requesting
XPLANATION OF EQUEST
an increase in the monthly refuse charge for single-family and multi-family residences of
$1.00 per month. Public Works will bring forward an Ordinance addressing this with
anticipated effective date of 10/1/14.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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