Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
05-19-09 Regular Meeting
ëØÖÈÑÜË úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ëèñøê ÷îë íèûñôú íüëéôúôíüéôîï éÈØÊÙÜÄ ðÜÄ íèûñôú úîððøïé éÕØ ÍÈÛÑÔÚ ÔÊ ØÏÚÎÈËÜÖØÙ ÉÎ Î××ØË ÚÎÐÐØÏÉÊ ÆÔÉÕ ÉÕØ ÎËÙØË ëØÖÈÑÜË Î× ÍËØÊØÏÉÜÉÔÎÏ ÛØÔÏÖ ÜÊ ×ÎÑÑÎÆÊ úÔÉÄ êÉÜ×× ÍÈÛÑÔÚ ÚÎÐÐØÏÉÊ úÎÐÐÔÊÊÔÎÏ ÙÔÊÚÈÊÊÔÎÏ ðØØÉÔÏÖ ÜÏÙ Î××ÔÚÔÜÑ ÜÚÉÔÎÏ úÔÉÄ úÎÐÐÔÊÊÔÎÏ ÐØØÉÔÏÖÊ ÜËØ ÛÈÊÔÏØÊÊ ÐØØÉÔÏÖÊ ÜÏÙ ÉÕØ ËÔÖÕÉ ÉÎ ÍÐ öØÏØËÜÑÑÄ ËØÐÜËÒÊ ÛÄ ÜÏ ÔÏÙÔÇÔÙÈÜÑ ÆÔÑÑ ÑÔÐÔÉ ÙÔÊÚÈÊÊÔÎÏ ËØÊÉÊ ÆÔÉÕ ÉÕØ úÎÐÐÔÊÊÔÎÏ íÈÛÑÔÚ ÛØ ÑÔÐÔÉØÙ ÉÎ ÉÕËØØ ÐÔÏÈÉØÊ ÎË ÑØÊÊ éÕØ ðÜÄÎË ÎË ÍËØÊÔÙÔÏÖ Î××ÔÚØË ÕÜÊ ÙÔÊÚËØÉÔÎÏ ÉÎ õØÜËÔÏÖÊ ÜÙÓÈÊÉ ÉÕØ ÜÐÎÈÏÉ Î× ÉÔÐØ ÜÑÑÎÚÜÉØÙ ÍÐ ùØÑËÜÄ ûØÜÚÕ úÔÉÄ õÜÑÑ ü íÈÛÑÔÚ õØÜËÔÏÖÊ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÊÍØÜÒ ÎÏ ÔÉØÐÊ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ û úÎÐÐØÏÉÊ ÜÏÙ ôÏÌÈÔËÔØÊ ÎÏ ïÎÏüÖØÏÙÜ ôÉØÐÊ ×ËÎÐ ÉÕØ íÈÛÑÔÚ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÛØ ÕØÜËÙ ÚÎÏÚØËÏÔÏÖ ÜÏÄ ÐÜÉÉØË ÆÔÉÕÔÏ ÉÕØ ÊÚÎÍØ Î× ÓÈËÔÊÙÔÚÉÔÎÏ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ éÕØ úÎÐÐÔÊÊÔÎÏ ÐÜÄ ÆÔÉÕÕÎÑÙ ÚÎÐÐØÏÉ ÎË ÙÔËØÚÉ ÉÕØ úÔÉÄ ðÜÏÜÖØË ÉÎ ÉÜÒØ ÜÚÉÔÎÏ ÎÏ ËØÌÈØÊÉÊ ÎË ÚÎÐÐØÏÉÊ ú ëØÖÈÑÜË üÖØÏÙÜ ÜÏÙ ÷ÔËÊÉ ëØÜÙÔÏÖ ôÉØÐÊ íÈÛÑÔÚ ÔÏÍÈÉ ÎÏ ÜÖØÏÙÜØÙ ÔÉØÐÊ ÎÉÕØË ÉÕÜÏ ÉÕÎÊØ ÉÕÜÉ ÜËØ ÊÍØÚÔ×ÔÚÜÑÑÄ ÊØÉ ×ÎË Ü ×ÎËÐÜÑ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÊÕÜÑÑ ÛØ ÜÑÑÎÆØÙ ÆÕØÏ ÜÖËØØÙ ÛÄ ÚÎÏÊØÏÊÈÊ Î× ÉÕØ úÔÉÄ úÎÐÐÔÊÊÔÎÏ êôöï ôï êõøøé íËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ÔÏÙÔÇÔÙÈÜÑÊ ÆÔÊÕÔÏÖ ÉÎ ÜÙÙËØÊÊ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÎË ÏÎÏÜÖØÏÙÜØÙ ÔÉØÐÊ ÊÕÎÈÑÙ ÊÔÖÏ ÔÏ ÎÏ ÉÕØ ÊÕØØÉ ÑÎÚÜÉØÙ ÎÏ ÉÕØ ËÔÖÕÉ ÊÔÙØ Î× ÉÕØ ÙÜÔÊ ô× ÄÎÈ ÜËØ ÏÎÉ ÜÛÑØ ÉÎ ÙÎ ÊÎ ÍËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ ÐØØÉÔÏÖ ÄÎÈ ÐÜÄ ÊÉÔÑÑ ÜÙÙËØÊÊ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÎÏ ÜÏ ÜÍÍËÎÍËÔÜÉØ ÔÉØÐ éÕØ ÍËÔÐÜËÄ ÍÈËÍÎÊØ Î× ÉÕØ ÊÔÖÏÔÏ ÊÕØØÉ ÔÊ ÉÎ ÜÊÊÔÊÉ ÊÉÜ×× ÆÔÉÕ ËØÚÎËÙ ÒØØÍÔÏÖ éÕØËØ×ÎËØ ÆÕØÏ ÄÎÈ ÚÎÐØ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÉÎ ÊÍØÜÒ ÍÑØÜÊØ ÚÎÐÍÑØÉØ ÉÕØ ÊÔÖÏÔÏ ÊÕØØÉ Ô× ÄÎÈ ÕÜÇØ ÏÎÉ ÜÑËØÜÙÄ ÙÎÏØ ÊÎ üùùëøêêôïö éõø úîððôêêôîï üÉ ÉÕØ ÜÍÍËÎÍËÔÜÉØ ÉÔÐØ ÍÑØÜÊØ ÊÉØÍ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÜÏÙ ÊÉÜÉØ ÄÎÈË ÏÜÐØ ÜÏÙ ÜÙÙËØÊÊ ×ÎË ÉÕØ ËØÚÎËÙ üÑÑ ÚÎÐÐØÏÉÊ ÐÈÊÉ ÛØ ÜÙÙËØÊÊØÙ ÉÎ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÜÊ Ü ÛÎÙÄ ÜÏÙ ÏÎÉ ÉÎ ÔÏÙÔÇÔÙÈÜÑÊ üÏÄ ÍØËÊÎÏ ÐÜÒÔÏÖ ÔÐÍØËÉÔÏØÏÉ ÎË ÊÑÜÏÙØËÎÈÊ ËØÐÜËÒÊ ÎË ÆÕÎ ÛØÚÎÐØÊ ÛÎÔÊÉØËÎÈÊ ÆÕÔÑØ ÜÙÙËØÊÊÔÏÖ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÊÕÜÑÑ ÛØ ÛÜËËØÙ ÛÄ ÉÕØ ÍËØÊÔÙÔÏÖ Î××ÔÚØË ×ËÎÐ ÊÍØÜÒÔÏÖ ×ÈËÉÕØË ÈÏÑØÊÊ ÍØËÐÔÊÊÔÎÏ ÉÎ ÚÎÏÉÔÏÈØ ÎË ÜÖÜÔÏ ÜÙÙËØÊÊ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÔÊ ÖËÜÏÉØÙ ÛÄ Ü ÐÜÓÎËÔÉÄ ÇÎÉØ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ÐØÐÛØËÊ ÍËØÊØÏÉ üííøññüéø íëîúøùèëøê íÑØÜÊØ ÛØ ÜÙÇÔÊØÙ ÉÕÜÉ Ô× Ü ÍØËÊÎÏ ÙØÚÔÙØÊ ÉÎ ÜÍÍØÜÑ ÜÏÄ ÙØÚÔÊÔÎÏ ÐÜÙØ ÛÄ ÉÕØ úÔÉÄ úÎÐÐÔÊÊÔÎÏ ÆÔÉÕ ËØÊÍØÚÉ ÉÎ ÜÏÄ ÐÜÉÉØË ÚÎÏÊÔÙØËØÙ ÜÉ ÉÕÔÊ ÐØØÉÔÏÖ ÊÈÚÕ ÍØËÊÎÏ ÆÔÑÑ ÏØØÙ ÉÎ ØÏÊÈËØ ÉÕÜÉ Ü ÇØËÛÜÉÔÐ ËØÚÎËÙ ÔÏÚÑÈÙØÊ ÉÕØ ÉØÊÉÔÐÎÏÄ ÜÏÙ ØÇÔÙØÏÚØ ÈÍÎÏ ÆÕÔÚÕ ÉÕØ ÜÍÍØÜÑ ÔÊ ÛÜÊØÙ éÕØ úÔÉÄ ÏØÔÉÕØË ÍËÎÇÔÙØÊ ÏÎË ÍËØÍÜËØÊ ÊÈÚÕ ËØÚÎËÙ ïæ ÊÉ üÇØÏÈØ ùØÑËÜÄ ûØÜÚÕ éÕØ úÔÉÄ ÆÔÑÑ ×ÈËÏÔÊÕ ÜÈÅÔÑÔÜËÄ ÜÔÙÊ ÜÏÙ ÊØËÇÔÚØÊ ÉÎ Ü××ÎËÙ ÜÏ ÔÏÙÔÇÔÙÈÜÑ ÆÔÉÕ Ü ÷ÑÎËÔÙÜ ÙÔÊÜÛÔÑÔÉÄ ÜÏ ÎÍÍÎËÉÈÏÔÉÄ ÉÎ ÍÜËÉÔÚÔÍÜÉØ ÔÏ ÜÏÙ ØÏÓÎÄ ÉÕØ ÛØÏØ×ÔÉÊ Î× Ü ÊØËÇÔÚØ ÍËÎÖËÜÐ ÎË ÜÚÉÔÇÔÉÄ ÚÎÏÙÈÚÉØÙ ÛÄ ÉÕØ úÔÉÄ úÎÏÉÜÚÉ ùÎÈÖ êÐÔÉÕ ÜÉ íÕÎÏØ ÕÎÈËÊ ÍËÔÎË ÉÎ ÉÕØ ØÇØÏÉ ÔÏ ÎËÙØË ×ÎË ÉÕØ úÔÉÄ ÉÎ ÜÚÚÎÐÐÎÏÙÜÉØ ÄÎÈË ËØÌÈØÊÉ üÙÜÍÉÔÇØ ÑÔÊÉØÏÔÏÖ ÙØÇÔÚØÊ ÜËØ ÜÇÜÔÑÜÛÑØ ×ÎË ÐØØÉÔÏÖÊ ÔÏ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÷ÜÅ úÕÜÐÛØËÊ ëøöèñüë ðøøéôïö üöøïùü ëîññ úüññ ôïçîúüéôîï íñøùöø î÷ üññøöôüïúø éî éõø ÷ñüö üöøïùü üííëîçüñ üííëîçüñ î÷ ðôïèéøê ðÜÄ ëØÖÈÑÜË ðØØÉÔÏÖ ü ðÜÄ §êÍØÚÔÜÑæÎËÒÊÕÎÍ ðØØÉÔÏÖ û íëîúñüðüéôîïê ëØÚÎÖÏÔÃÔÏÖ êÉÈÙØÏÉ üÐÛÜÊÊÜÙÎËÊ úÕØÑÊØÜ ûËÜÏÙÉ êÎ×ÔÜ øÑÑÔÏÖÊÆÎËÉÕ ðÜÉÉÕØÆ ÷ØÑÙÐÜÏ ü ðÜÉÉÕØÆ òÎÏÙÃÔØÑÜ óÜÚÌÈØÑÔÏØ ñÎÆØÑÑ ùÜÏÔØÑÑØ éËÈÛÎÆ ÜÏÙ ëÎÛØËÉ æØÔÑ íëøêøïéüéôîïê üïîïø úîïêøïé üöøïùü úÔÉÄ ðÜÏÜÖØË ëØÚÎÐÐØÏÙÊ üÍÍËÎÇÜÑ üöëøøðøïéïèééôïö øïöôïøøëê î÷ ÷ñîëôùü ôïúüÍÍËÎÇØ ÜÏ üÖËØØÐØÏÉ ÆÔÉÕ ü ïÈÉÉÔÏÖ øÏÖÔÏØØËÊ Î× ÷ÑÎËÔÙÜ ôÏÚ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË ÍØË×ÎËÐÔÏÖ ÉØÊÉÔÏÖ Î× ÚÎÏÊÉËÈÚÉÔÎÏ ÐÜÉØËÔÜÑÊ ×ÎË ÉÕØ üËØÜ ü ëØÚÑÜÔÐØÙ æÜÉØË êÄÊÉØÐ úÎÏÉËÜÚÉ ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ×ËÎÐ æÜÉØË ÜÏÙ êØÆØË ÷ÈÏÙîÉÕØË ôÐÍËÎÇØÐØÏÉÊëØÚÑÜÔÐ æÜÉØË éËÜÏÊÐÔÊÊÔÎÏ üðøïùðøïé ïî éî éõø çøïùîë üöëøøðøïéøëùðüï üïéõîïä üïù û üêêîúôüéøê ôïú üÍÍËÎÇØ ÜÏÙ ÜÈÉÕÎËÔÃØ ÉÕØ ðÜÄÎË ÉÎ ØÅØÚÈÉØ üÐØÏÙÐØÏÉ ïÎ ÉÎ ÉÕØ çØÏÙÎË üÖËØØÐØÏÉ ÆÔÉÕ øËÙÐÜÏ üÏÉÕÎÏÄ ÜÏÙ üÊÊÎÚÔÜÉØÊ ôÏÚ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË ÉÕØ ÏÙ ÚÎÏÊÉËÈÚÉÔÎÏ ÜÙÐÔÏÔÊÉËÜÉÔÎÏ ÊØËÇÔÚØÊ Î× ÉÕØ ÐÜÊÉ ÜËÐ ÊÔÖÏÜÑÊ ÜÉ ÉÕØ ÔÏÉØËÊØÚÉÔÎÏ Î× êæ üÇØÏÈØ ÜÏÙ æØÊÉ üÉÑÜÏÉÔÚ üÇØÏÈØ ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ×ËÎÐ öØÏØËÜÑ úÎÏÊÉËÈÚÉÔÎÏ ÷ÈÏÙúÜÍÔÉÜÑ îÈÉÑÜÄêø ïø ÊÉ êÉËØØÉ îÏØæÜÄ íÜÔË ëøêîñèéôîï ïî üÍÍËÎÇØ ëØÊÎÑÈÉÔÎÏ ïÎ ÊÈÍÍÎËÉÔÏÖ ÉÕØ ØÊÉÜÛÑÔÊÕÐØÏÉ Î× Ü êÔÊÉØË ú êÚÕÎÎÑÊ íËÎÖËÜÐ ÉÎ ÛØ ÜÙÐÔÏÔÊÉØËØÙ ÛÄ êÔÊÉØË úÔÉÔØÊ Î× ùØÑËÜÄ ûØÜÚÕ ôÏÚ ù êøñøúéôîï î÷ øüöñø ïøêé õîðøûèäøë üÍÍËÎÇØ ÕÎÐØÛÈÄØË öÔÏØÉÉØ ñÎÈÔÊ ×ÎË ÉÕØ øÜÖÑØ ÉÕ ïØÊÉ ÍËÎÍØËÉÄ ÑÎÚÜÉØÙ ÜÉ ïæ üÇØÏÈØ ÜÏÙ ÜÍÍËÎÇØ Î× ÔÏ êõôí ÙÎÆÏ ÍÜÄÐØÏÉ ÜÊÊÔÊÉÜÏÚØ ×ÈÏÙÊ ×ÎË ÉÕØ ÕÎÐØ ÍÈËÚÕÜÊØ ÷ÈÏÙÔÏÖ ÆÔÑÑ ÛØ ÜÇÜÔÑÜÛÑØ ×ËÎÐ ïØÔÖÕÛÎËÕÎÎÙ êØËÇÔÚØÊîÉÕØË úÈËËØÏÉ úÕÜËÖØÊõÎÐØÎÆÏØË êÈÛÊÔÙÄ øüêøðøïé ùøøù üöëøøðøïéðôùéîæï ùøñëüäüÍÍËÎÇØ ÜÏ ØÜÊØÐØÏÉ ÜÖËØØÐØÏÉ ×ÎË Ü ø ÆÜÉØË ÑÔÏØ ÜÉ ÉÕØ ðØÙÔÚÜÑ ûÈÔÑÙÔÏÖ ÜÉ ÉÕØ ðÔÙÉÎÆÏ ùØÑËÜÄ íÕÜÊØ ô ÍËÎÓØÚÉ ÑÎÚÜÉØÙ ÜÉ ñÔÏÉÎÏ ûÎÈÑØÇÜËÙ üðøïùðøïé ïî éî éõø üöëøøðøïé÷ñîëôùü õôöõæüä íëîùèúéê ôïú ÷ üÍÍËÎÇØ ÜÏÙ ÜÈÉÕÎËÔÃØ ÉÕØ ðÜÄÎË ÉÎ ØÅØÚÈÉØ üÐØÏÙÐØÏÉ ïÎ ÉÎ ÉÕØ üÖËØØÐØÏÉ ÆÔÉÕ ÷ÑÎËÔÙÜ õÔÖÕÆÜÄ íËÎÙÈÚÉÊ ôÏÚ ÷õí ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË ÐÔÚËÎÊÈË×ÜÚØ ÍÜÇÔÏÖ Î× ØÅÔÊÉÔÏÖ úÔÉÄ ÊÉËØØÉÊ ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ×ËÎÐ ïØÔÖÕÛÎËÕÎÎÙ êØËÇÔÚØÊôÐÍËÎÇØÐØÏÉÊ îÉÕØËûÔÒØÍÜÉÕÊ êÔÙØÆÜÑÒÊ ÉÕ ö êíøúôüñ øçøïé ëøìèøêé î÷ óèñä ÷øêéôçôéôøê üÍÍËÎÇØ Ü ÊÍØÚÔÜÑ ØÇØÏÉ ËØÌÈØÊÉ ×ÎË ÉÕ ÉÕØ Î× óÈÑÄ ÷ØÊÉÔÇÔÉÔØÊ ÔÏÚÑÈÙÔÏÖ ÖËÜÏÉÔÏÖ Ü ÉØÐÍÎËÜËÄ ÈÊØ ÍØËÐÔÉ ÍØË ñùë êØÚÉÔÎÏ ÷ ×ÎË ÉÕ ÉÕØ ÚÑÎÊÈËØ Î× üÉÑÜÏÉÔÚ üÇØÏÈØ ×ËÎÐ ÉÕØ ØÜÊÉ ÊÔÙØ Î× ïøêø üÇØÏÈØ ÉÎ îÚØÜÏ ûÎÈÑØÇÜËÙ ÜÏÙ ×ËÎÐ ÉÕØ ÊÎÈÉÕ ÊÔÙØ Î× éÕÎÐÜÊ êÉËØØÉ ÉÎ ÉÕØ ÏÎËÉÕ ÊÔÙØ Î× ðÔËÜÐÜË ÎÏ îÚØÜÏ ûÎÈÑØÇÜËÙ ×ËÎÐ ÏÎÎÏ ÉÎ ÜÍÍËÎÅÔÐÜÉØÑÄ ÐÔÙÏÔÖÕÉ ÉÎ ÆÜÔÇØ úÎÙØ Î× îËÙÔÏÜÏÚØÊ êØÚÉÔÎÏÊ ªúÎÐÐØËÚÔÜÑ øÏÉØËÍËÔÊØÊ© ÜÏÙ ªüÊÊØÐÛÑÔØÊ© ÉÎ ÜÑÑÎÆ ÜÊÊØÐÛÑÄ ÎÏ ÉÕØ ÛØÜÚÕ ÜÏÙ ÇØÏÙÎËÊ ÉÎ ÜÑÑÎÆ ÜÑÑ ÛØÜÚÕ ÍÜËÒÔÏÖ ÑÎÉÊ ÉÎ ËØÐÜÔÏ ÎÍØÏ ÉÎ ÜÍÍËÎÅÔÐÜÉØÑÄ ÐÔÙÏÔÖÕÉ ÜÏÙ ÉÎ ÜÍÍËÎÇØÊÉÜ×× ÊÈÍÍÎËÉ ×ÎË ÊØÚÈËÔÉÄ ÜÏÙ ÉËÜ××ÔÚ ÚÎÏÉËÎÑ ÊÉËØØÉ ÛÜËËÔÚÜÙÔÏÖ ÜÏÙ ÛÜÏÏØË ÕÜÏÖÔÏÖ ÏØÆ ÑÜËÖØ ÊÉÜÖØ ÜÏÙ ÊÐÜÑÑ ÊÉÜÖØ ÊØÉ ÈÍ ÜÏÙ ÈÊØ øðê ÊÈÍÍÎËÉ ÈÊØ Î× úÔÉÄ ÖØÏØËÜÉÎË ÊÔÖÏÜÖØ ÜÏÙ ÚÑØÜÏ ÈÍ ÜÏÙ ÉËÜÊÕ ËØÐÎÇÜÑ ëøçôøæ î÷ üííøüñüûñø ñüïù ùøçøñîíðøïé ûîüëù üúéôîïêüÚÚØÍÉ ÉÕØ ÜÚÉÔÎÏÊ õ ÜÏÙ ÙØÚÔÊÔÎÏÊ ÐÜÙØ ÛÄ ÉÕØ ñÜÏÙ ùØÇØÑÎÍÐØÏÉ ûÎÜËÙÊ ×ÎË ÉÕØ ÍØËÔÎÙ ðÜÄ ÉÕËÎÈÖÕ ðÜÄ üæüëù î÷ ûôùê üïù úîïéëüúéê ô ûÔÙ ÜÆÜËÙ ÉÎ üÉÑÜÏÉÔÚ ëØ×ËÔÖØËÜÉÔÎÏ ÔÏ ÉÕØ ØÊÉÔÐÜÉØÙ ÜÏÏÈÜÑ ÜÐÎÈÏÉ Î× ×ÎË ÉÕØ ÜÏÏÈÜÑ ÚÎÏÉËÜÚÉ ×ÎË ÜÔË ÚÎÏÙÔÉÔÎÏÔÏÖ ÊØËÇÔÚØÊ ÜÏÙ ËØÍÜÔËÊ ×ÎË ÇÜËÔÎÈÊ úÔÉÄ ÛÈÔÑÙÔÏÖÊ ÷ÈÏÙÔÏÖ ÉÎ ÛØ ÍËÎÇÔÙØÙ ×ËÎÐ ÇÜËÔÎÈÊ ÙØÍÜËÉÐØÏÉÜÑ ÛÈÙÖØÉÊ úÎÏÉËÜÚÉ ÜÆÜËÙ ÉÎ ðÚúÜÛØ ûËÎÉÕØËÊ úÎÏÊÉËÈÚÉÔÎÏ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË ËØÏÎÇÜÉÔÎÏÊ ÉÎ ÉÕØ üÉÑÜÏÉÔÚ ùÈÏØÊ íÜËÒ ëØÊÉËÎÎÐ ûÈÔÑÙÔÏÖ ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ×ËÎÐ öØÏØËÜÑ úÎÏÊÉËÈÚÉÔÎÏ ÷ÈÏÙëØÍÜÔË ðÜÔÏÉØÏÜÏÚØ êØËÇÔÚØÊüÉÑÜÏÉÔÚ ùÈÏØÊ ëë ëØÏÎÇÜÉÔÎÏ ÜÏÙ üÉÑÜÏÉÔÚ ùÈÏØÊ ûÎÜËÙÆÜÑÒ úÎÏÉËÜÚÉ ÜÆÜËÙ ÉÎ æØØÒÑØÄ üÊÍÕÜÑÉ íÜÇÔÏÖ ôÏÚ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË ÉÕØ ïÜËËÎÆÔÏÖ Î× üÉÑÜÏÉÔÚ üÇØÏÈØ íËÎÓØÚÉ ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ÔÏ öØÏØËÜÑ úÎÏÊÉËÈÚÉÔÎÏ ÷ÈÏÙîÉÕØË ôÐÍËÎÇØÐØÏÉöÜÉØÆÜÄ ðÔÏÔÍÜËÒÊý ô íÈËÚÕÜÊØ ÜÆÜËÙ ÉÎ úÎÏÉÜÔÏØË êÄÊÉØÐ øÌÈÔÍÐØÏÉ úÎ ôÏÚ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË ÉÕØ ÍÈËÚÕÜÊØ Î× ÎÏØ æÜÄÏØ êÈÍØË êØËÔØÊ ÄÙ ËØÜË ÑÎÜÙØË ÉËÜÊÕ ÚÎÐÍÜÚÉÎË ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ×ËÎÐ öÜËÜÖØ ÷ÈÏÙðÜÚÕÔÏØËÄøÌÈÔÍÐØÏÉçØÕÔÚÑØ ëØÊÉÎËÜÉÔÎÏ ëøöèñüë üöøïùü ëøìèøêé ÷îë ôïñôøè íüëòôïö êíüúøúèé êéøüòõîèêø ü ëøêéüèëüïé úÎÏÊÔÙØË Ü ËØÌÈØÊÉ ×ËÎÐ úÈÉ ÜÏÉ ÑÎÚÜÉØÙ ÜÉ øÜÊÉ üÉÑÜÏÉÔÚ üÇØÏÈØ ×ÎË ÉÕØ ÍÈËÚÕÜÊØ Î× ÉÆÎ ÔÏÑÔØÈ ÍÜËÒÔÏÖ ÊÍÜÚØÊ ÜÉ Ü ÚÎÊÉ Î× ÉÎ ÜÚÚÎÐÐÎÙÜÉØ ÜÏ ØÅÍÜÏÊÔÎÏÚÎÏÇØËÊÔÎÏ Î× ÈÊØ ìÈÜÊÔóÈÙÔÚÔÜÑ õØÜËÔÏÖ ëøìèøêé ÷îë ôïñôøè íüëòôïö êíüúøöëøüé üðøëôúüï ûøüèéä î÷÷ôúø üïù û êõîæëîîðúÎÏÊÔÙØË Ü ËØÌÈØÊÉ ×ËÎÐ öËØÜÉ üÐØËÔÚÜÏ ûØÜÈÉÄ î××ÔÚØ ÜÏÙ êÕÎÆËÎÎÐ ÑÎÚÜÉØÙ ÜÉ ïÎËÉÕ êÆÔÏÉÎÏ üÇØÏÈØ ×ÎË ÉÕØ ÍÈËÚÕÜÊØ Î× ×ÎÈË ÔÏÑÔØÈ ÍÜËÒÔÏÖ ÊÍÜÚØÊ ÜÉ Ü ÚÎÊÉ Î× ìÈÜÊÔóÈÙÔÚÔÜÑ õØÜËÔÏÖ èê ðîùô÷ôúüéôîï÷ñîëôùü ùøíüëéðøïé î÷ éëüïêíîëéüéôîï ÷ùîé ú ÉÕ üÈÉÕÎËÔÃØ ÊÉÜ×× ÉÎ ÍËÎÚØØÙ ÆÔÉÕ ÙØÊÔÖÏ Î× ÍØËÐÜÏØÏÉ ÐÎÙÔ×ÔÚÜÉÔÎÏÊ ÉÎ èê ÛØÉÆØØÏ êø êÉËØØÉ ÜÏÙ öØÎËÖØ ûÈÊÕ ûÎÈÑØÇÜËÙ ÜÏÙ ÜÈÉÕÎËÔÃØ ÉÕØ ðÜÄÎË ÉÎ ÆËÔÉØ Ü ÑØÉÉØË ÉÎ ÉÕØ ÷ÑÎËÔÙÜ ùØÍÜËÉÐØÏÉ Î× éËÜÏÊÍÎËÉÜÉÔÎÏ ÷ùîé ËØÌÈØÊÉÔÏÖ ÉÕÜÉ ÷ùîé ØÏÉØË ÔÏÉÎ ÜÏ ÜÖËØØÐØÏÉ ÆÔÉÕ ÉÕØ úÔÉÄ ÉÎ ÎÛÑÔÖÜÉØ ÉÕ ÷ùîé«Ê êøïø üÇØÏÈØ ëØÊÈË×ÜÚØ ëØÊÉÎËØ ÜÏÙ ëØÕÜÛÔÑÔÉÜÉØ ëëë ×ÈÏÙÔÏÖ ÉÎ ÉÕØ úÔÉÄ ×ÎË ÔÐÍÑØÐØÏÉÜÉÔÎÏ öëøøï éüêò ÷îëúø ÷ôïüñ ëøíîëé ëØÇÔØÆ ÊÉÜ×× ËØÚÎÐÐØÏÙÜÉÔÎÏÊ ÚÎÏÚØËÏÔÏÖ ÉÕØ öËØØÏ ù éÜÊÒ ÷ÎËÚØ ëØÍÎËÉ ÜÏÙ ÍËÎÇÔÙØ ÙÔËØÚÉÔÎÏ ËØÖÜËÙÔÏÖ ÔÐÍÑØÐØÏÉÜÉÔÎÏ ëøù ñôöõé úüðøëü çøïùîë êøñøúéôîï úÎÏÊÔÙØË ÉÕØ ÊØÑØÚÉÔÎÏ Î× üÐØËÔÚÜÏ éËÜ××ÔÚ ø êÎÑÈÉÔÎÏÊ üéê ×ÎË ÉÕØ ëØÙ ñÔÖÕÉ úÜÐØËÜ íËÎÓØÚÉ ë÷í ÜÏÙ ÍËÎÇÔÙØ ÙÔËØÚÉÔÎÏ ÉÎ ÊÉÜ×× ÉÎ ÏØÖÎÉÔÜÉØ Ü ÚÎÏÉËÜÚÉ ÆÔÉÕ üéê üííîôïéðøïé î÷ éõø úôéä üééîëïøä úÎÏÊÔÙØË ÜÍÍÎÔÏÉÐØÏÉ Î× ÉÕØ úÔÉÄ üÉÉÎËÏØÄ ÜÏÙ ÷ ÉØËÐÊ Î× ØÐÍÑÎÄÐØÏÉ üííîôïéðøïé éî éõø ùøñëüä ûøüúõ õîèêôïö üèéõîëôéä üÍÍÎÔÏÉ ÎÏØ ËØÖÈÑÜË ö ÐØÐÛØË ÉÎ ÉÕØ ùØÑËÜÄ ûØÜÚÕ õÎÈÊÔÏÖ üÈÉÕÎËÔÉÄ ×ÎË ÜÏ ÈÏØÅÍÔËØÙ ÉØËÐ ØÏÙÔÏÖ óÈÑÄ ûÜÊØÙ ÈÍÎÏ ÉÕØ ËÎÉÜÉÔÎÏ ÊÄÊÉØÐ ÉÕØ ËØÚÎÐÐØÏÙÜÉÔÎÏ ×ÎË ÜÍÍÎÔÏÉÐØÏÉ ÆÔÑÑ ÛØ ÐÜÙØ ÛÄ úÎÐÐÔÊÊÔÎÏØË ÷ØÉÃØË êØÜÉ C. ORDINANCE NO. 17-09 (SECOND READING/SECOND PUBLIC HEARING):Consider an ordinance accepting the recommendations contained within the West Settlers Historic District Resurvey Report including extending the Period of Significance to 1970, and reclassifying 7 properties from non-contributing to contributing and amending the Land Development Regulations to amend the boundaries of the West Settlers Historic District to provide for the removal of the Atlantic Grove Development. D. RESOLUTION NO. 21-09: Consider approval of Resolution No. 21-09 authorizing the City to sell property that the City acquired from Palm Beach County for unpaid taxes located at 46 NW 12th Avenue, Delray Beach, Florida, to Ginette Louis for affordable housing~urposes. E. ORDINANCE NO. 23-09: Consider a City-initiated amendment to the Land Development Regulations (LDR, amending Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications" 2.4.5, "Procedures for Obtaining Development Approvals", to provide master development plan approval authority to the Historic Preservation Board, with associated fees and processes. F. ORDINANCE NO. 24-09: Consider a City-initiated amendment to the Land Development Regulations (LDR, amending Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.40(4), "Litigation Preventing Construction", to provide consistency with approval durations throughout the LDR. G.ORDINANCE NO. 25-09: Consider a City-initiated amendment to the Land Development Regulations (LDR) Section 4.4.3, "Single Family Residential (R-1) District", Subsections 4.4.30 and 4.4.3(G) to provide development standards and supplemental regulations to encourage the redevelopment of the Carver Square Brownfield Area. H. ORDINANCE NO. 26-09:Consider an ordinance amending Chapter 71, "Parking Regulations", to allow the City to add certain costs of collection fees to any unpaid balance owed the Cites 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MAY 5, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 5, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by "Dr." William "Bill" Quick with the Federation of Christian Ministries President Emeritus. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated Item 7.A. has been removed from the Agenda due to a request from Perry DonFrancisco. Mayor McDuffie requested that Item 9.A., Bid ProtestBid Award/Oceanside Beach Service, Inc. be postponed to a date certain of June 2, 2009. Mr. Eliopoulos requested that Item 8.B. Service Authorization 06- 05.01/Currie Sowards Aquila Architects be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Also, Mr. Eliopoulos requested that Item 8.C., Amendment No. 1 to the Pompey Park Booster Club, Inc. be removed from the Consent Agenda and moved to Item 7.A.A., Presentations. The City Manager requested that Item 8.H.2., Purchase Award to Gulfstream Sports Group be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. 05/05/09 Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of April 14, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the Regular Meeting of April 21, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. National Safe Boating Week -Mav 16-22, 2009 Mayor McDuffie read and presented a proclamation proclaiming May 16- 22, 2009 as National Safe Boating Week in Delray Beach, Florida. Tom Kegan, U.S. Coast Guard Auxiliary Flotilla 36 of Boca Raton came forward to accept the proclamation and gave a few brief comments. 6.B. National Public Works Week -Mav 17-23, 2009 Mayor McDuffie read and presented a proclamation proclaiming the week of May 17-23, 2009 as National Public Works Week in Delray Beach, Florida. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation and gave a few brief comments. 6.C. Emergency Medical Services Week -Mav 17-23, 2009 Mayor McDuffie read and presented a proclamation proclaiming the week of May 17-23, 2009 as National Emergency Medical Services Week in Delray Beach, Florida. Chief James and Chief Victor Williams came forward to accept the proclamation and Chief James gave a few brief comments. 6.D. Recognizing Eta Phi Beta Sorority, Incorporated Mayor McDuffie read and presented a proclamation hereby recognizing and commending Eta Phi Beta Sorority, Incorporated and encouraged all of our residents to join in this recognition and congratulate the members of the Eta Phi Beta Sorority for their support of the community. -2- 05/05/09 7. PRESENTATIONS: 7.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, Mr. Eliopoulos stated he does not believe the Commission needs to move Item 8.C. to Item 7.A.A. Therefore, Mr. Eliopoulos suggested that Item 8.C. be moved back to the Consent Agenda. Mr. Eliopoulos moved to amend the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 7.B. "Spotlight on Youth" -Janet Meeks Janet Meeks, Education Coordinator, speaking on behalf of the Delray Beach Youth Council, stated she had the honor this year to work with about 20 students from all over Delray Beach and attend different schools. Mrs. Meeks stated they meet at the 505 Teen Center every other Tuesday and noted that they are a service organization and provided a lot of service hours to the community over the year. At this point, three students came forward and gave a brief summary of some of the service projects they worked on this year and the projects that they will be working on for next year. 7.C. Historic Preservation Board Awards Recognition Toni Del Fiandra, member of the Historic Preservation Board (HPB) since August 2006 and the Chair since August of 2007, presented the following winners of the 4t Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the preservation and rehabilitation of historic properties throughout the city, or provided compatible new development within a historic district. Eligible projects are those that were approved by the Board and issued Certificates of Occupancy within the last year. The design categories and recipients for this year include: SITE IMPROVEMENTS -Residential 109 Dixie Boulevard Del-Ida Park Historic District • Sarah Greeley, Property Owner EXTERIOR ALTERATIONS -Residential 103 NW 3rd Avenue West Settlers Historic District Bryce Newell and Jodie MacLellan, Property Owners -3- 05/05/09 EXTERIOR ALTERATIONS -Non-Residential 135 NW 5th Avenue West Settlers Historic District • Delray Beach Community Redevelopment Agency, Property Owner • David Miller & Associates, Architect NEW SIGNAGE 120 North Swinton Avenue Old School Square Historic District • Boueri Engineering; Rabih and Shannon Boueri, Property Owners • MacLaren Signs, Sign Designer ADDITIONS AND RENOVATIONS -Residential 212 Seabreeze Avenue, Sewell C. Biggs House Individually Designated Site • Virginia Courtenay, Property Owner • Currie, Sowards, Aguila Architects, Architect NEW CONSTRUCTION -Residential 23 8 SE 7th Avenue Marina Historic District Daniel & Anita Dietrich, Property Owners Eliopoulos Architecture, Inc., Architect • Delray Garden Center, Landscaping ADDITIONS AND RENOVATIONS -Non-Residential 120 North Swinton Avenue Old School Square Historic District • Rabih and Shannon Boueri, Property Owners • Randall Stofft Architects, Architect A. Grant Thornbrough & Associates, Landscape Architect • Boueri Engineering Engineers PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION Ethel Sterling Williams History Learning Center (f/k/a "Hunt House") 5 NE 1st Street, Delray Beach Historical Society Old School Square Historic District • Delray Beach Historical Society • Bridges, Marsh, and Associates, Inc., Architect • Morning Thunder Construction, General Contractor -4- 05/05/09 Di~by Brides, Brides, Marsh, and Associates, Inc., congratulated the City Commission, the Delray Beach Historical Society and everyone involved. In addition to the above projects, the Historic Preservation Board (HPB) added an additional award category. The "Preserve Delray Award" is in response to the City's recent designation as a Preserve America Community and will annually recognize a different property owner who continually preserves their significant piece of Delray Beach history. The HPB selected Margaret "Peg" Bowen, property owner of the Marine Villas at 110 Marine Way, as the 1st Annual Preserve Delray Award recipient. 7.D. Conceptual Design Plans for Martin Luther King, Jr. Boulevard - Kimley-Horn and Associates Alberta McCarthy stated this is a presentation for the Martin Luther King, Jr. Drive Streetscape Improvements. Ms. McCarthy stated the original committee that started working on this concept came from Rosetta Rolle. Ms. McCarthy stated she is the Chairperson of the committee that ensued after Mrs. Rolle had gotten ill and was not able to continue this project. Ms. McCarthy gave special thanks to the Community Redevelopment Agency, Vincent Wooten, and the City of Delray Beach. She stated the person who helped them at their table was Al Berg, Assistant Director of Community Improvement. In addition, Ms. McCarthy gave a special thank you to the committee that actually participated which consisted of Angeleta Gray, Daisy Fulton, George and Lottie Williams, and Deirdra (Roper) Thomas. Ms. McCarthy recognized Rhonda Young who passed away but she was an enthusiastic member for the time that she was on the committee. Jonathan Haigh, Landscape Architect with Kimlev-Horn and Associates, gave a brief PowerPoint presentation on the Martin Luther King, Jr. Drive Streetscape Improvements Project. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of April 16, 2009, increasing the charge to certain golf courses for reclaimed water. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. AMENDMENT NO. 1 TO THE POMPEY PARK BOOSTER CLUB, INC. AGREEMENT: Approve Amendment No. 1 to the Agreement with Pompey Park Booster Club, Inc. to provide that the City, in addition to the Booster Club, may sell food/concessions during games and the profits will go to all Pompey Park sports programs. -5- 05/05/09 8.D. AMENDMENT NO. 3 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No. 3 to the agreement between the City and Palm Beach County for Disaster Recovery Initiative (DRI) funding of the extensions of Mango Road and S.W. 7th Avenue project, extending the deadline for completion to July 31, 2009. 8.E. PROPOSAL/JCD SPORTS GROUP, INC. /DELRAY BEACH MUNICIPAL GOLF RESTAURANT: Approve a proposal received from JCD Sports Group, Inc. to reduce operations on Mondays and Tuesdays from May 11, 2009 through September 30, 2009 for the Delray Beach Municipal Golf Restaurant. 8.F. GRANT APPLICATION/FLORIDA EMERGENCY MANAGEMENT AGENCY/ 2009 ASSISTANCE TO FIREFIGHTERS: Authorize submission of a grant application to the Federal Emergency Management Agency for the 2009 Assistance to Firefighters Grant. 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 20, 2009 through May 1, 2009. 8.H. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Dell in the amount of $61,038.44 for additional disk storage space for the City's data network. Funding is available from 334-6111-519-64.11 (General Construction Fund/Machinery/Equipment/Computer Equipment). 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 8.B.). At this point, the Commission moved to Item 9.A.A. (formerly Item 9.A.A. SERVICE AUTHORIZATION 06-05.01/CURRIE SOWARDS AGUIL,A ARCHITECTS: Approve Service Authorization No. 06-05.01 in the amount of $13,250.00 to Currie Sowards Aguila Architects for additional professional design services required for the Old School Square Window Replacement Project. Funding is available from 334-4151-572-46.08 (General Construction Fund/Repair and Maintenance Services/OSS Window Replacement). -6- 05/05/09 Richard Hasko, Director of Environmental Services, stated this item is a request for approval of an addendum to a service authorization with Currie Sowards Aguila Architects and it has to do with the hurricane proof storm windows at Old School Square. He stated the City has grant funding through FEMA for the windows portion of the project. Mr. Hasko stated staff had an initial service authorization with the consultant to do some investigative and design work in terms of the attachments of the new frames and hurricane proof windows to the building. He stated this is a historic building so there was some attention that needed to be paid to that. Mr. Hasko stated staff had a meeting with the Old School Square staff and Board members to discuss some of the other issues that they might run into. He stated one of the major issues was the condition of the actual wood in the framing of the windows. After much discussion, Mr. Hasko stated staff decided that it would be beneficial to pull 3-4 existing windows out to see exactly what they are dealing with and in concert with that effort staff was going to do some more detail design work for any replacement that was required above and beyond just the mounting details for the windows and frames themselves. Mr. Hasko stated that during the course of the meeting it established the need for this additional work on the part of the consultant. Also, he stated the Old School Square Board expressed desire that the City look at the doors on the buildings as well since they were going to hurricane proof the windows. The primary reason for that is because it was physically impossible for staff to protect that many windows with three floors up in time for a storm. Mr. Hasko stated staff was not concerned at that time with the doors because those were easily shuttered in a short period of time. However, Mr. Hasko stated in looking at the entire structure in both buildings and the gym, staff felt that it might be beneficial to add a scope to this project as an ad alternate to this bid to take a look at what could be done with the existing doors and try and get them up to code but at the same time maintain the integrity of the historical appearance. Mr. Eliopoulos thanked Mr. Hasko and his staff and Bill Branning of BSA on the Old School Square Board and stated when we go out to bid without these drawings, we are setting ourselves up with a lot of change orders. He stated staff has been working with Old School Square and BSA. In addition, Mr. Eliopoulos stated with regards to the consultant service authorization, he stated the firm and the price are fine but expressed concern over the project description and he requested that Mr. Hasko go back to them and put more into this. Mr. Hasko stated they are in a continuing contract with the City as one of our consultants. Mr. Eliopoulos stated his other concern is the lump sum of the $13,250.00 and reiterated that he does not have a problem with the price but he would like to see staff go back and break down these fees (i.e. $10,000.00 for the construction documents; then break that down into bidding and permitting into a fee, and at the end you have review of shop drawings and construction administration). direction. The City Attorney stated this item can be approved with Mr. Eliopoulos' -7- 05/05/09 Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.B.) subject to Mr. Eliopoulos' recommendations, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. Purchase award to Gulfstream Sports Group in the amount of $57,368.00 for the replacement of bleachers at the Hilltopper Stadium. Funding is available from 115-0000-248-80.00 (Special Proiects Fund/After School Program), 115-4101-572-49.90 (Special Proiects Fund/Other Current Charges) and 115-4914- 572-55.27 (Special Proiects Fund/Recreational Supplies/Golf Supplies Linda Karch, Director of Parks and Recreation, stated this item is to award the replacement of the bleachers for the Hilltopper Stadium to Gulfstream Sports Group in the amount of $57,368.00 per contract #047-FF09 issued by the School Board of Dade County. Hilltopper stadium is located on the northeast corner of the Old Atlantic High School site at 2501 Seacrest Boulevard, Delray Beach. On April 7, 2009, the City entered into an agreement fora 20 year lease with the Palm Beach County School Board to acquire and utilize Hilltopper Stadium. The City committed to upgrading the facilities including but not limited to bleacher replacement, bathroom and field renovations, irrigation and sod replacement. Staff solicited quotes for the replacement and installation of a 10 row elevated bleacher with ADA accessibility and stair access including a 4 inch concrete slab. The quoted prices the City received were from Gulfstream Sports Group for $57,368.00, Bliss Products and Services, Inc. for $73,565.00, Seating Constructors USA, Inc. for $83,207.50. In order to meet the deadline for all athletic activities played at the stadium the Parks and Recreation Department would like to proceed with the purchase of these bleachers. The quote from Gulfstream Sports Group is priced according to the School Board of Dade County's contract and is recommended for the purchase. Ms. Karch stated the City has been working with the Palm Beach County School Board to remove the track around the field, staff is still doing the sub grade where they worked to remove the overhead utility power so that this can go underground, and they have also contracted for engineering costs. She stated the City has shared those three things with the School Board. Ms. Karch stated what the Parks and Recreation Department has done is acquired quotes for the following things including the bleachers (1) boundary survey for the facility, (2) quote for $14,000.00 for the restroom renovation which includes upgrading the men's and ladies rooms (ADA accessible), (3) install a new ADA accessible water fountain, (4) received a quote for under $5,000.00 to paint the press box, the metal storage facility and also the outside of the bathrooms, (5) repair fencing, (6) install new landscaping (area where the bleachers were removed they will sod and landscape), (7) sod replacement (the school is doing the sod replacement for the track area and the City will be doing the sod replacement for areas within the field that needs doing, (8) install irrigation. Ms. Karch stated the City has been working diligently with the school to try and get all these upgrades in place in time for the opening of Hilltopper stadium in late August for the Delray Rocks Football Team. -8- 05/05/09 Mr. Bernard stated he would like to hear from the representatives from Delray Rocks because he wants to know whether or not the Commission should proceed with approving this purchase award because he is not sure if the Delray Rocks want to play at Hilltopper Stadium or if they want to play at Atlantic High School. Mr. Bernard asked how much is budgeted to spend for Hilltopper Stadium. In response, Ms. Karch stated for most of the things she said it is just under $100,000.00 and additionally there is about $17,000.00 that the City is sharing with the School Board. Richard Hughes, Representative from Delray Rocks, stated the consensus is that they would rather play at Atlantic High School as opposed to Hilltopper Stadium. He stated one of the reasons is the proximity and accessibility to Atlantic High School and noted that the work that needs to be done at Hilltopper Stadium will not be ready until late August. Mr. Hughes stated in the event that Hilltopper Stadium is not ready in late August, the Delray Rocks will have no place to play. Mr. Bernard asked if this is a timing issue. Mr. Hughes stated construction timing is only one of many issues with the Hilltopper site. He stated in addition there are issues with not enough parking, the possibility of double booking with the adjacent soccer complex, and the safety issue. The City Attorney stated the City has a "use" agreement with the Palm Beach County School District for the use of that field (park north of Temple Sinai that the City owns which Atlantic High utilizes). The City of Delray Beach has an agreement with the School Board that gives them exclusive use from 3:00-6:00 p.m. throughout the year for soccer, football, and sorts of practices that they can do at that site. The City Attorney stated this agreement expires in 2010 but it was part of an exchange for the City being able to use the field house at the old Atlantic High School site for basketball. Mr. Hughes clarified that he is talking about the Delray Rocks actually utilizing the football stadium at the new Atlantic Community High School. Mayor McDuffie stated the decision tonight is to invest money in Hilltopper or to not invest money in Hilltopper if there are no plans to go there. However, he stated the City of Delray Beach just negotiated a 20-year lease with them and the City has no control over the School District and the facilities that they own except the one the City just leased. Mayor McDuffie stated the City Commission cannot make any kind of commitment to Mr. Hughes about utilization of an existing field in a current high school. The City has no right to do this because the field belongs to the School District of Palm Beach County. Mr. Eliopoulos stated he had the opportunity to meet with Dr. Josh Smith, former Commissioner David Randolph, and a few others. He stated one of the main concerns expressed was the fact about playing at the new Atlantic High School. Mr. Eliopoulos stated his main concern is the kids. He stated the day that there was a Ribbon Cutting Ceremony for the Seacrest Soccer Complex, there was no parking and there was construction going on with Plumosa. Mr. Eliopoulos stated at that time the Delray Rocks came to the Commission and he was under the assumption that Hilltopper was the Delray -9- 05/05/09 Rocks home and it needed to be fixed. He stated he does not recall that night about the Delray Rocks wanting to be moved to Atlantic High School. Mr. Eliopoulos stated in dealing with Parks and Recreation his intentions have always been not the cost of renovating Hilltopper but getting it ready for the Delray Rocks and addressing safety issues with regard to the bleachers, etc. Mr. Eliopoulos stated as of last month a concern was expressed about whether Hilltopper Stadium will be ready for August and the Commission has been reassured that it will be. He heard the possibility that some parents would say if the Delray Rocks cannot play at Atlantic High School then they will cancel the season. Mr. Eliopoulos commented about the Budget problems with the School Board and he went out to look at the field at the new Atlantic High School and he questioned whether or not they will be able to maintain it. With regard to safety, Mr. Eliopoulos stated the City would be maintaining Hilltopper and it would be maintained for the safety of the children. Mr. Hughes stated Commissioner Eliopoulos is one of many that has said either personally or through email that the site will be ready in time for the Delray Rocks. However, Mr. Hughes asked if there is a Plan B if Hilltopper Stadium is not ready in time. The City Manager stated Plan B is Atlantic High School and Dr. Weigel has assured him that if Hilltopper Stadium is not ready that she would make the field available for the Delray Rocks. Kenneth Gray, supports the Delray Rocks Program and stated he would like to see that the Delray Rocks stay at Hilltopper Stadium and support the change that the field is going through right now. Mr. Gray stated when Atlantic High School plays football on a Friday night these kids (the Delray Rocks) play on a used field which is not lined up properly and they are playing after the Atlantic High boys play football. He stated he would hope that the field at Hilltopper Stadium will be kept in mint condition so that when the Delray Rocks play this field will be looking fresh and not being used after a Friday night football game after Atlantic High has beat the field up and no lines are on the field. Mr. Gray stated he understands there is a change coming on at Atlantic High School regarding the old field and he would like to see that the money be put into the Delray Rocks Program. Mr. Hughes stated the Delray Rocks have always played on an Atlantic High field from when it was Seacrest to Atlantic High. He stated for 45 years it has never been a problem and does not see that being a problem now. Mr. Hughes stated any field that the Delray Rocks play on should be well maintained whether it is at Hilltopper Stadium or at the new Atlantic. Dr. Josh Smith, Jr., 3616 Avenue De Gien, Delray Beach, stated since October 2008 the African-American community and the Pompey Park Advisory Committee has expressed a desire to have the Atlantic High School Football facility as their preference. He stated the reason being is because there are law abiding taxpaying citizens in Delray Beach, Atlantic is a community high school, the Delray Rocks is a -10- 05/05/09 community entity, and the African-American community feels as though they should have the right to play the games at a facility within the community in which they live. Dr. Smith stated it is approximately 1-2 miles to Atlantic High School and between 5-7 miles to Hilltopper Stadium. He stated he believes that the City by virtue of exchange of dialogue between the Principal of Atlantic High School and the Parks and Recreation Department have been aware of the desire of the African-American community since 2008. Dr. Smith stated they received a copy of the Interlocal Agreement for the first time last week. He stated their desires were expressed and the question was raised "Is it possible that what has been done can be undone?" Dr. Smith stated they did not receive a definitive answer at that point and no one seemed to know. He stated in an analysis of the Interlocal Agreement there is a clause that indicates that either party can cancel the agreement with a 30 day written notice to the other party. Dr. Smith stated at this particular point considering the circumstances that the African-American community would request of the School District and/or the City of Delray Beach to cancel the Interlocal Agreement and restructure it so that Atlantic High School would be the facility that the Delray Rocks would be playing at. Dr. Smith stated with regard to the City Manager's comment that he received assurances from the Principal of Atlantic High School, it would seem that would be a violation of the Interlocal Agreement because the Interlocal Agreement states that the site that the Delray Rocks would be playing at mandated by the Interlocal Agreement would be Hilltopper Stadium. Dr. Smith stated if in fact that stadium is not ready at the time the season starts and the Delray Rocks play their games on Atlantic High School field; it appears that it would be a violation of the Interlocal Agreement because the Atlantic High School facility is not the facility that is mandated by the Interlocal Agreement. Dr. Smith stated he expresses the desires of a significant percentage of the African-American community. David Randolph, 105 N.W. llth Avenue, Delrav Beach, stated Atlantic Community High School was placed in its present location as a result of many things that got the school there. He stated there is no reason that the Principal of Atlantic High School will not talk to the African-American community but will talk to the City. Mr. Randolph stated he made an attempt to do his part and make certain that the total community of Delray Beach do what's right to maintain the image that we have set worldwide. He stated Delray Beach is lovable place and let's prepare it to keep it that way. Mr. Randolph stated he does not know who is talking to Dr. Weigel but they will not be downtrodden by anyone including Dr. Weigel. Dedrick Straghn, Attorney, 26 S.W. 5t'' Avenue, Delrav Beach, stated he was part of the eight member contingent that went to Atlantic High School to speak to Dr. Weigel regarding this issue. Mr. Straghn stated this was not a decision made hastily and they have issued several letters of correspondence to the School District and to Dr. Kathy Weigel personally. Mr. Straghn stated in addition to that correspondence he has been a part of several meetings where Dr. Weigel was a member and she indicated and expressed desire to formulate a better relationship with the African-American community as 52% of the student population at Atlantic High School consists of black students (i.e. African-American, African, and people of Haitian decent). He stated what Dr. Weigel is telling them in these meetings and her actions are two different things. Mr. Straghn -11- 05/05/09 stated the only thing that they have seen from Dr. Weigel is a propensity to consistently lie to how she desires to mend the relationship between Atlantic High School and the African-American community. Mr. Straghn stated he has several documented pieces of correspondence where she told them that the issue of using the field was not her decision to make but was the decision of the City of Delray Beach. Mr. Straghn stated when he sent correspondence to Superintendent Art Johnson he contradicted everything Dr. Weigel said and said that the season was solely at the hands of the Principal as long as it is in line with the school's usage of the field for various activities as well as the Interlocal Agreement. Mr. Straghn stated instead of having an applicable conversation with her, Dr. Weigel chose to have the police. He stated the eight member contingent consisted of the five senior citizens, himself, and two other individuals that made up that eight. Mr. Straghn stated he was going to speak on an issue so for them to call the police on them when all they wanted to do was have a meeting with the principal to address their concerns was outrageous. Mr. Straghn stated he has reviewed the Interlocal Agreement and he does not see anything in the agreement that will prohibit this program from using Atlantic High School and noted he has expressed this concern with Ms. Karch, Commissioner Eliopoulos as well as Commissioner Bernard. Mr. Straghn stated if the Superintendent holds true that Dr. Weigel has the unilateral right to make that decision, then he feels she needs to be a part of it. Mr. Straghn stated from what he can tell Dr. Weigel has stayed in the background and made phone calls to the City Manager and Commissioners to take up the fight for her as opposed to having her stand up and say whether or not she wants the Delray Rock Program to use the field and, if not, give them a viable reason as to why they cannot do that. Mr. Straghn stated the Delray Rocks have used Hilltopper Stadium for 45 years and during that period someone has operated it whether it was Seacrest High School or Atlantic High School and maybe 3 or 4 of those years Dr. Weigel was Principal. He stated it worked there and it can work at the new Atlantic High School Mr. Straghn urged the Commission to listen to the voices of the students that are playing for this program because those kids make up a large contingent of the future Atlantic High School team and the coaches have come from the Delray Rocks Program. He stated Atlantic High School has gone to the playoffs five of the last six seasons with children that have come from the Delray Rocks Program and they have benefited from what this program has done for the school Mr. Straghn urged everyone to sit down and discuss this matter more thoroughly and come up with a resolution that will best benefit not only the School District and Atlantic High School but the Delray Rocks Program. Dr. Smith stated the Interlocal Agreement was effective April 10, 2009 and they met with Ms. Karch on March 30, 2009 and noted this is a ten day period. He asked how much money could have been spent in a ten (10) day period that the City could end up losing. Mr. Bernard stated the item was brought up at the April 7, 2009 City Commission meeting which had the opportunity to have public comments and for people to come address the issues at that meeting so the notice was placed and Dr. Smith could have had the opportunity to review that agreement. Dr. Smith stated how much money has been expended within a ten (10) day period that the City is in a position of possibly losing if in fact Hilltopper Stadium is not a site that the Delray Rocks will play in. -12- 05/05/09 The City Manager stated the City is developing the Hilltopper Stadium as a primary field for the Delray Rocks. He stated they have first choice to use it but if the Delray Rocks never play there we still need this facility. The City Manager stated this has always been envisioned as part of the Soccer Complex. He stated the City of Delray Beach wanted to purchase Hilltopper Stadium but the School District would not sell the City this piece because they said if they put a middle school there they need athletic fields and were not willing to give up ultimate control of it. The City Manager stated the City needs the stands and the field to service the Delray Rocks but if the Rocks never use it the City still needs it for competitive soccer events where they need stands and the extra field is needed when there are large events. The City Manager urged the Commission to separate these two issues and approve the stands and move forward with that and still deal with where the rocks are going to play at some future date. With regard to the fields being done in time, Ms. Karch stated almost everything that the City has going on a lot of it is in-house and the City has been assured by the contractor who is going to be doing the bathrooms that he has no problem with this timeframe. Ms. Karch stated the bleachers are a key element and there is at least a six week lead time once staff orders the bleachers. She stated if the Commission postpones awarding this contract for the bleachers that could set staff behind. Ms. Karch stated staff sees this as a viable field whether the Delray Rocks play on there or not. She stated with regard to their comments about the agreement with the school just went into affect the City is just now hearing about them wanting Atlantic High School as their primary field and noted this is late as well Ms. Karch stated she and Mayor McDuffie met with them in December and she believed that their number one choice was having Pompey Park as their home field and staff discussed why it is not really practical at this time. She stated they were informed at that time that the City was moving forward with Hilltopper Stadium. Ms. Karch stated she spoke to some members of the Booster Club and told them that this item for the Agreement with the Palm Beach County School District was going to be on the Agenda several weeks ago so they were aware of the item on the Agenda. Ms. Karch urged the Commission to move forward with this item. Mayor McDuffie stated he is surprised because his first communication with the Delray Rocks Boosters that had any inkling that we had something was November 2007. He stated he sent an email to the Delray League National Group and the Soccer Group asking what issues they had with their facilities and he received a response back from a parent who also had children in the Delray Rocks Program who said what about the Rocks. Mayor McDuffie stated discussions ensued from that point on and for the better part of the year now since the grand opening of the soccer fields when the Commission met the Rocks there and they had seen the new soccer fields and were comparing those to Hilltopper Stadium and were dismayed about the condition of Hilltopper versus the new soccer facility. Mayor McDuffie stated the City had tried to purchase Hilltopper Stadium and the School District would not sell it to the City. He stated he had several lengthy meetings with the Booster Club and they went through different scenarios that they would like to see and the number one choice if the City could have done it would be to put a football field on Pompey Park. Mayor McDuffie asked the City Engineer to go out and find an alignment that would possibly work on Pompey Park -13- 05/05/09 to put a football field. He stated Mr. Krejcarek brought back three different alignments on Pompey Park none of which worked. Mayor McDuffie stated you cannot fit a football field on Pompey Park. During this time, the meetings with the Booster Club group continued and they discussed the findings that they had. Mayor McDuffie stated to his understanding the choice at that time was to remediate Hilltopper Stadium and noted that there were some problems with some stands that were going to have to be taken out, there were maintenance issues, irrigation issues, and they had to change the power. He stated his choice tonight after speaking to the people that he has spoken to would still be to move ahead with what we are doing now. Mayor McDuffie stated anytime that we can find some park space that we can put to use for our children we need to acquire it and use it. He stated the City has a 20 year lease on this already signed and supports moving ahead with this. Mr. Eliopoulos stated that if the Delray Rocks have first rights to Hilltopper Stadium and it being their place and their home, he stated the Delray Rocks would not have to wait on Atlantic High for any of their things and noted that he is surprised that we would want to go drastically this way. Mr. Eliopoulos asked why the community wants the Delray Rocks to play at Atlantic High School when the City can fix everything and have a new field at Hilltopper Stadium. Mayor McDuffie stated the City's negotiations with Hilltopper before these schools are built have absolutely unobstructed use of those fields versus playing behind someone or having to fall in line behind whatever sports are going on at Atlantic. He stated the Delray Rocks would have the right to play on those fields not falling behind anyone else and not subject to the maintenance of the School Board. Mayor McDuffie stated the City maintains the soccer fields and that same type of maintenance would continue to Hilltopper because it is the adjacent piece of property. He stated even when the schools are built there will be two ball fields and they will be moved to the home plate to each ball field (one to the southwest corner and the other to the northeast corner) and the football field will stay entirely intact. Mayor McDuffie stated the Delray Rocks would have utilization of this until the schools are built at which time they would still have utilization that exceeds what could possibly be imagined even if the Commission could negotiate something with Atlantic High School. Mr. Hughes asked what would happen after the schools are built. Mayor McDuffie stated in the lease agreement there is a time of utilization now during the weekdays and on the weekend and that time is not interrupted by any school time. He stated when the schools are built and the kids start using the schools then during the school day during the week the Delray Rocks would not have utilization of the fields. However, Mayor McDuffie stated after the school day they would have utilization of the fields and on the weekends from 10:00 a.m. - 10:00 p.m. Mr. Eliopoulos stated after so many years of the Delray Rocks playing at Hilltopper Stadium and that being their home and now that the City is going to improve it why would the community want to play at Atlantic High School Mr. Hughes stated the option changed and back then the Hilltopper Stadium was the only place the Delray -14- 05/05/09 Rocks could play. In addition, Mr. Hughes expressed concern over the distance of Hilltopper Stadium versus Atlantic High School and stated 1 mile versus 3-4 miles is a big difference. Dr. Smith stated for years the Delray Rocks did not have a second alternative and they just recently had this second alternative which is a community school within their community. He stated Hilltopper Stadium is not within the community and is not within the municipality of Delray Beach because it sits in a County pocket. Dr. Smith stated given the two alternatives they prefer to utilize the facility within their community as opposed to an alternative that is not within their community and is significantly farther from Pompey Park than Atlantic High School. Mr. Frankel stated there are legitimate concerns of where the Delray Rocks want to play and that is an issue that should be investigated. However, the Commission is not here to debate that or to vote on that. Angela Randolph stated it is her understanding that prior to the Delray Rocks playing on a Saturday that the Village Academy football team will be playing on a Friday night. She asked who will be responsible for cleaning up or patching up the field so it will be ready on Saturday morning for the Delray Rocks to play. Mrs. Randolph stated she wants to be reassured that if the Rocks are going in on Saturday morning playing that they have full reign of this field if someone else is going to be using the field on a Friday night who will ultimately be responsible for ensuring that the field is up for playing as well as all of the trash, etc. Ms. Karch stated in the agreement it talked about the Village Academy using the field and it did state that they are responsible for maintaining the fields in the condition that it is given to them and believes that the City would have the authority to not have them play if they went against anything in the agreement. She stated the City has its maintenance staff there on Saturday mornings just to make sure that the Rocks have a field to play on. Mr. Bernard moved to approve Item 9.A.A.A. (formerly Item 8.H.2.), seconded by NIr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; NIr. Bernard - No; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No. Said motion passed with a 3 to 2 vote, Commissioner Bernard and Commissioner Fetzer dissenting. At this point, the time being 7:53 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9. REGULAR AGENDA: 9.A. BID PROTESTBID AWARD/OCEANSIDE BEACH SERVICE, INC.: Consider a bid protest filed by Oceanside Beach Service, Inc., regarding beach equipment rental concession; Request for Proposal (RFP) No. 2009-18 and consider awarding the bid to Oceanside Beach Service, Inc. (Quasi- Judicial Hearing) -15- 05/05/09 Mr. Fetzer moved to postpone the bid protest filed by Ocean Beach Service, Inc. to a date certain of June 2, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:54 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 20-09: Approve Resolution No. 20-09 adopting the final assessment roll for the S.W. 8th Avenue Special Assessment District. The caption of Resolution No. 20-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT ROLL FOR THE SW 8Tx AVENUE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES ABUTTING SW 8Tx AVENUE BETWEEN SW lOTx STREET AND SW llTx STREET, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE (The official copy of Resolution No. 20-09 is on file in the City Clerk's Randal Krejcarek, City Engineer, stated this item is to request Commission approval of the final assessment resolution for the paving of S.W. 8th Avenue between S.W. 11th Street and S.W. 10th Street. On August 21, 2007, the City Commission approved Resolution No. 46-07 which established the preliminary assessment roll based on an estimated cost of the road construction improvement at $206,000.00 of which the abutting property owners would pay $49,200.00. Mr. Krejcarek stated construction was completed on this street and the final construction costs was $99,013.77 so the final assessment to the abutting property owners was adjusted appropriately and that final amount was $23,616.00. He stated the reason for this project is to provide paved access to those properties that are along S.W. 8th Avenue between S.W. 10th Street and S.W. 11th Street. Mr. Krejcarek stated there were three properties that were not included in the assessment district. The first one is on the southeast corner of S.W. 8th Avenue and S.W. 10th Street and the reason that one was included was because its only access came off of S.W. 10th Street not off of S.W. 8th Avenue. The -16- 05/05/09 other two properties that were excluded were 1013 and 1015 S.W. 8th Avenue and the reason they were excluded was because when those two houses were built as part of the building permit they contributed to the paving so they already paid their portion of the assessment to that project. Staff recommends approval of the final assessment resolution. Mr. Krej carek noted a change to Exhibit "A" and stated staff added the annual amounts which were not on the original exhibit. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 20-09, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 20-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard - No. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. 10.B. ORDINANCE NO. 16-09 (FIRST READING/FIRST PUBLIC HEARING): Consider an ordinance accepting the recommendations contained within the Old School Square Historic District Resurvey Report including extending the Period of Significance to 1965 and reclassifying 23 properties from non-contributing to contributing. If passed, a second public hearing will be held on May 19, 2009. The caption of Ordinance No. 16-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 23 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, stated adoption of this ordinance would adopt the recommendations of the Old School Square Historic District Resurvey Report which includes the expansion of the period of -17- 05/05/09 significance to 1965 and reclassifies 23 properties from non-contributing to contributing. Mr. McDonnell stated Ordinance No. 16-09 also contains two attachments: Attachment A -Old School Square Historic District Resurvey Report, and Attachment B -Old School Square Historic District property list including dates of construction, architectural styles, and classifications. At its meeting of April 1, 2009, the Pineapple Grove Main Street Committee (PGMS) recommended approval; at its meeting of April 13, 2009, the Downtown Development Authority (DDA) reviewed Ordinance No. 16-09 and recommended approval with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request; at its meeting of April 15, 2009, the Historic Preservation Board (HPB) reviewed Ordinance No. 16-09 and recommended approval with a 4 to 0 vote; at its meeting of April 16, 2009, the Community Redevelopment Agency (CRA) reviewed Ordinance No. 16-09 and recommended approval with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. Staff recommends approval of Ordinance No. 16-09 adopting the recommendations in the resurvey report including the expanded Period of Significance to 1965 and reclassification of 23 properties. Mayor McDuffie declared the public hearing open. Cheryl Abramson, owner of 21 N.W. 2"d Street, Delrav Beach, stated she bought this property ten years ago to put her business in and they have been working out of that location. Ms. Abramson stated they redeveloped the property and loves Delray Beach. She stated when she received notification that these changes were going to be made she was very concerned on many levels. Ms. Abramson stated she has been a member of the National Trust for Historic Preservation for more than ten years and she travels all over to look at historic properties. She expressed concern why this period from 1945-1965 was a period of significance and why her property would have any historic value at all. Ms. Abramson stated she has seen 20 out of the 23 properties proposed and has spoken with 14 of the owners or their representatives. She stated out of the 14 she spoke with all 14 were against their property being reclassified. Ms. Abramson read an email into the record from Michael Zimny who is with the State of Florida Division of Historic Resources. Ms. Abramson stated at this point more information needs to be provided as to why this is historically significant and why these 23 properties on a one- by-one basis are considered historic and worthy of preserving. Don Morikami (L,andscape Architect), 326 N.E. 1st Avenue, Delrav Beach (one of the 23 homes listed to be considered contributing), expressed concern about the compliance of the report, the requirements and criteria for historic districts and the contributing designation. Mr. Morikami also expressed concerns about the quality and state of the Old School Square District and what the intent, purpose, and land use designation and the vision is for this corridor. He stated he is concerned with 21 N.W. 21st Street and 326 N.E. 1st Avenue. Mr. Morikami stated when historic districts are designated as periods of significance each period of significance has its singular -18- 05/05/09 important and special characteristic. He questioned the time period to 1965 which relates more to development and in that context all development even fifty years from now can be deemed historic. NIr. Morikami stated in the Old School Square Historic Arts District in 2006 the City Commission hired the Treasure Coast Regional Planning Council to conduct a Master Plan specifically for the area south of Atlantic Avenue on Swinton Avenue. He stated one of the issues is dealing with the conversion of historic cottages from residential to commercial uses and the building code impact. Mr. Morikami stated there is a problem with the entire Swinton corridor in that it is one thing to designate them as contributing but there is physical evidence that there is inaction, or even decline, or no residency. He stated LDR Section 4.5 is geared to a certain development criteria based on residences being at the front of the house and in his case he has some very unique conditions. NIr. Morikami gave a brief PowerPoint slide presentation and stated the slides relate to some of the properties that have been included in this current list, existing properties for sale, and in some cases for unoccupied properties. He stated we need better guidelines and policies that allow them to save the buildings. NIr. Morikami stated there are design guidelines but there are also economic guidelines. He stated all these homes are for sale, for lease, or unoccupied. NIr. Morikami thanked City staff and Amy Alvarez, Historic Preservation Planner, for providing the background information and research for him. Susan Kozawa Morikami, 326 N.E. 1St Avenue, Delray Beach (Land Planner stated what they see at their house is the little 600 square foot accessory building and somehow their house is on the list as being contributing. She asked how this can be a significant structure and if her property is designated historic, there is an amazing amount of guidelines and approvals that they have to go through to get anything developed on the property. Mrs. Morikami stated she would like for their property to be annulled from being a historic structure because there is no redeeming value to it and asked the Planning Department why they feel her property is contributing. Mark Krall, 190 S.E. Stn Avenue, Delrav Beach (Attorney representing the owner of the Doc's Restaurant parcel and the Dunkin Donuts arcel stated the property owners have come to the conclusion that they oppose the designation of the Doc's parcel as contributing within the Old School Square Historic Arts District. Mr. Krall stated the restaurant is currently leased to a tenant operator and it has had several different business owners in the past. He stated approximately 12 years ago the restaurant was shut down and was vacant. Subsequently, NIr. Krall stated the restaurant was brought back to life by the owners and remodeled to resemble a combination of the Doc's ice cream restaurant and the owner's prior fast food restaurant which they had in Long Island, New York. The menu concept has changed several times over the years and their current structure has no architectural significance. There have been numerous changes to the property, the signage has changed, awnings have been added as well as outdoor tables and bathrooms, air conditioners are on the room, the back of the building is unsightly but it can be seen clearly from Atlantic Avenue. Mr. Krall stated the business has historically struggled and currently the tenants are paying rent below market rate and there is no guarantee as to how long the business will survive in the future. He stated both the Doc's parcel and the Dunkin Donuts parcel are leased to -19- 05/05/09 separate tenants and the parcels are tied together by a cross parking agreement which was previously required by the City. Mr. Krall stated it has been the long-term intent of the property owner to redevelop the Doc's parcel and the Dunkin Donuts parcel into something that the City would be proud of and noted these properties are also contiguous to property already owned by the CRA. Mr. Krall stated the property owner feels that they should not be confined to the substandard structure currently situated on the property and urged the Commission to not consider the Doc's property as contributing but rather consider it as non-contributing or at least afford the property owner to opt out of the contributing designation in the future. There being no one else from the public who wished to address the Commission regarding Ordinance No. 16-09, the public hearing was closed. Mr. Eliopoulos stated he is in favor of moving this forward to a second reading; however, he would like the consultant present at second reading of this ordinance and to make a presentation. He briefly discussed the history of the historic districts and the surveys. Mr. Eliopoulos stated the City has come far with the historic districts. He stated the market is difficult right now and he respects the comments that were made about houses for sale, etc. but at the same time he is not going to sacrifice historic neighborhoods for a current trend that he believes will turn around. Mr. Fetzer concurred with Commissioner Eliopoulos that he would like to move this forward for second reading but he would like more information from the consultant regarding the rationale behind this. Mayor McDuffie stated it is a little disingenuous to just use "age" alone to determine something as being a contributing structure and historic. He stated it needs to meet several other criteria and he too would like to hear the report from the consultant as well although he supports moving this ordinance forward to second reading. Mr. Eliopoulos moved to approve Ordinance No. 16-09 on First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No; Mr. Bernard - No; Mayor McDuffie -Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Commissioner Bernard dissenting. 10.C. ORDINANCE NO. 17-09 (FIRST READING/FIRST PUBLIC HEARING): Consider an ordinance accepting the recommendations contained within the West Settlers Historic District Resurvey Report including extending the Period of Significance to 1970, and reclassifying 7 properties from non-contributing to contributing and amending the Land Development Regulations to change the boundaries of West Settlers Historic District to provide for removal of the Atlantic Grove Development. If passed, a second public hearing will be held on May 19, 2009. The caption of Ordinance No. 17-09 is as follows: -20- 05/05/09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF WEST SETTLERS HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1970 AND RECLASSIFYING 7 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (5), "WEST SETTLERS", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE WEST SETTLERS HISTORIC DISTRICT AND AMENDING THE WEST SETTLERS HISTORIC DISTRICT BOUNDARIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, stated this ordinance would adopt the recommendations of the West Settlers Historic District resurvey report including the Period of Significance (POS) to 1970, reclassification of 7 properties, and amending the southern district boundary. At its Workshop Meeting of March 12, 2009, the City Commission reviewed the following recommendations of the Final Survey Report of the West Settlers: (1) Amend the southern boundary by removing the Atlantic Grove development and (2) extend the Period of Significance (POS) to 1970 (currently spans to 1947) and reclassify 7 properties from non-contributing to contributing. At its meeting of April 13, 2009, the Downtown Development Authority (DDA) reviewed Ordinance No. 17-09 and recommended approval; at its meeting of April 15, 2009, the Historic Preservation Board (HPB) reviewed Ordinance No. 17-09 and recommended approval; at its meeting of April 16, 2009, the Community Redevelopment Agency (CRA) reviewed Ordinance No. 17-09 and recommended approval, the Planning and Zoning Board reviewed Ordinance No. 17-09 and -21 - OS/OS/09 recommended approval with a 6 to 0 vote. Staff recommends adopting the recommendations in the resurvey report including the expanded Period of Significance to 1970, reclassification of 7 properties, and amendment of the district boundaries. Mayor McDuffie declared the public hearing open. Bryice Newell, 103 N.W. 3rd Avenue, Delray Beach, supports being deemed historic and stated he is very proud to live in a historic district like the West Settlers. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17-09, the public hearing was closed. Mr. Bernard moved to approve Ordinance No. 17-09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 20-09: Consider an ordinance amending Chapter 33, Article IV "City Police and Firefighters Retirement System," at Section 33.63, "Optional Forms of Benefits," to provide fora "Pop-Up" feature as an optional form of retirement benefit upon the election of a plan member; providing for severability; providing for inclusion in the City Code. The caption of Ordinance No. 20-09 is as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 33 ARTICLE IV "CITY POLICE AND FIREFIGHTERS RETIREMENT SYSTEM" AT SECTION 33.63 "OPTIONAL FORMS OF BENEFITS" TO PROVIDE FORA "POP-UP" FEATURE AS AN OPTIONAL FORM OF RETIREMENT BENEFIT UPON THE ELECTION OF A PLAN MEMBER; PROVIDING FOR SEVERABILITY; FOR INCLUSION IN CITY CODE; AND AN EFFECTNE DATE. (The official copy of Ordinance No. 20-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -22- 05/05/09 The City Attorney stated this is an optional feature that is actuarially sound but if there is a death it allows the pensioner to have the normal form of retirement. Mr. Fetzer stated that the actuaries advised the City that there is no actuarial cost impact. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 20-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 21-09: Consider an ordinance amending Chapter 33, "Police and Fire Departments", subheading "Pensions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 33.65, "Administration", to provide for a City Commissioner to serve as an appointed member of the Board of Trustees. The caption of Ordinance No. 21-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.65, "ADMINISTRATION", TO PROVIDE FOR A CITY COMMISSIONER TO SERVE AS AN APPOINTED MEMBER OF THE BOARD OF TRUSTEES; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance provides that of the two public members; one of them may be a City Commissioner. She stated it keeps in tact the Mayor, or at the Mayor's designation, the Assistant City Manager being eligible as well as the other members of the Board. - 23 - OS/OS/09 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-09, the public hearing was closed. Mr. Frankel stated at the Organizational Meeting he asked to continue to serve on the Police and Fire Pension Board. He stated he served on the Board for a little over a year before he had to resign due to his election to the City Commission. Mr. Frankel stated during the time he was on the Board, he attended many of the educational seminars and he requested to continue and asked that the Commission support the amendment. Mr. Eliopoulos moved to adopt Ordinance No. 21-09 on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.E.1. APPOINTMENTS TO THE POLICE AND FIREFIGHTERS PENSION BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two (2) year term ending April 22, 2011 and one (1) regular member to serve an unexpired term ending on June 30, 2010 to the Police and Firefighters Pension Board of Trustees. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mr. Eliopoulos moved to reappoint Mel Sacharow as a regular member to the Police and Firefighters Pension Board of Trustees to serve a two (2) year term ending Apri122, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint Commissioner Adam Frankel as a regular member to the Police and Firefighters Pension Board of Trustees to serve an unexpired term ending June 30, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 22-09: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.105, "Administration by Retirement Committee", to amend the committee membership. The caption of Ordinance No. 22-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT -24- 05/05/09 PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE"; TO AMEND BOARD MEMBERSHIP; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 22-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the purpose of this ordinance is to state that one of the members may be either the Mayor or a City Commissioner serving and not having a dual office holding problem because it is an additional duty. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 22-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:34 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to the Police Benevolent Association (PBA) Hall in Boynton Beach, the City Manager stated in late 2006/2007 the City started having issues with the PBA regarding maintenance and use of the property among other issues located at 1025 Mission Hill Road Boynton Beach. The City Attorney's office scheduled a meeting with the Directors of that organization and drafted a new lease which addresses various issues since the current 99 year lease that was signed in 1969 was silent as to several issues regarding the property. The PBA refused to sign the new lease since they stated the current lease was valid. The City Manager stated around July 2008 the City received complaints from the neighbors that the PBA was allowing parties to occur that were disturbing the quiet enjoyment of the neighborhood property. Since then, the City Attorney's office has researched and reviewed several legal opinions regarding the current lease. In November 2008, the City Manager stated the City received further - 25 - OS/OS/09 information regarding the PBA allowing for a stripper extravaganza to be held at the property. Upon receiving this information, the City sent a Cease and Desist letter on November 11, 2008. The City Manager stated the City received a response that the PBA would not continue with this event. He stated for several months after sending the Cease and Desist letter the property remained relatively free of complaints. The City Manager stated recently, however, there were several complaints that the party activities at the property have commenced again. He stated the City responded by sending another letter on April 17, 2009 advising the PBA to cease and desist from having parties which are disturbing the neighborhood explaining that they are to remedy the situation because the City can take action that may result in termination of the current lease. The City Manager stated the City has not received a response as of yet from the PBA and the City Attorney's office spoke recently with Ms. Folsom (a neighbor) on April 22, 2009 and discussed the issues and ramifications on the property as well as requesting that the neighbors keep the City updated to recent activities of the property. Ms. Folsom advised that she would keep the City abreast of any further activity. The City Attorney's office is currently researching various legal remedies including but not limited to breach of lease and injunctive relief. The City Manager stated once the research is completed, staff will seek further direction from the City Commission as to further action regarding the property. Secondly, the City Manager stated Ms. Alford is requesting a turn lane onto Atlantic Avenue (intersection at N.W. 12th Avenue and West Atlantic Avenue) and that they would like to have a dedicated right-turn lane for southbound traffic on S.W. 12th. The City Engineer has had conversations with FDOT and they will see if there is sufficient room to add this additional lane. He stated if there is room, then they will try to accommodate the request. In response to Mr. Jacquet's comments at the April 21st meeting, the City Manager stated the Community Patrol Division has assigned this matter to an officer for follow up and documentation. The City Manager stated Mr. Jacquet had made a comment about fights and other disturbances occurring in front of his business. The City Manager stated the Police Department is to keep him informed and if he receives further information he will pass that on to the Commission. 11. From the Public. 11.B.1. Marv Alford, 31 N.W. 14th Avenue, Delray Beach, stated she spoke to the City Engineer with regard to the turn lane and he informed her that they came out and they were going to see if it could be done. Ms. Alford asked if she and the President of the Association can be present when they come out to make their assessment. 11.B.2. Vinnie Gray, Palm Beach County Police Benevolent Association, stated for the record, the PBA Hall in Boynton Beach is of no affiliation with the PBA that the Commission is familiar with. Mr. Gray stated that is a separate entity and non- profit organization that is not affiliated with them. -26- 05/05/09 At this point, the time being 8:40 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 14-09: Consider annexation (via Agreement for Water Service), asmall-scale Future Land Use Map (FLUM) Amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Road. If passed, a public hearing will be held on May 19, 2009. The caption of Ordinance No. 14-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD APPROXIMATELY 1,760 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-1- AAA (SINGLE FAMILY RESIDENTIAL); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, stated this ordinance is for a voluntary Annexation (via Agreement for Water Services), Future Land Use Map (FLUM) amendment -small scale from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac) and -27- 05/05/09 rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Road. At its meeting of April 20, 2009, the Planning and Zoning Board held a public hearing to reconsider the annexation, Future Land Use Map (FLUM) amendment and rezoning requests. Mr. McDonnell stated with regard to the Palm Beach County notice, it was sent to the County and they acknowledged the request was consistent with Chapter 171 F.S. and that they had no objection. He stated the notice was also provided to the Interlocal Plan Amendment Review Committee (IPARC) and to date staff has received no objections. Staff recommends approval. Mr. Fetzer moved to approve Ordinance No. 14-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 23-09: Consider aCity-initiated amendment to the Land Development Regulations (LDR) to provide master development plan approval authority to the Historic Preservation Board, with associated fees and processes. If passed, a public hearing will be held on May 19, 2009. office.) The caption of Ordinance No. 23-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTIONS 2.2.6, "THE HISTORIC PRESERVATION BOARD", 2.4.3, "SUBMISSION REQUIREMENTS", 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS" 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS"; TO PROVIDE MASTER DEVELOPMENT PLAN APPROVAL AUTHORITY TO THE HISTORIC PRESERVATION BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. - 28 - OS/OS/09 Mark McDonnell, AICP, Assistant Director of Planning and Zoning, stated currently in the LDRs we have a Master Plan Development Plan Process and only the Planning and Zoning Board approves those for certain development projects only in certain zoning districts. Mr. McDonnell commented about the application for the Sundy House two years ago and they had a Master Development Plan. He stated at the time staff applied the same process as if it were the Planning and Zoning Board. Mr. McDonnell stated staff thought it was due time that they actually incorporate the authority of approval of Master Development Plans when properties are in historic districts or are individually listed properties and grant this authority to the Historic Preservation Board (HPB). Staff recommends approval. Mr. Bernard moved to approve Ordinance No. 23-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 24-09: Consider aCity-initiated amendment to the Land Development Regulations (LDR), Subsection 2.4.4(F)(4), "Litigation Preventing Construction", in order to make the time limit on approval consistent with other sections of the LDR. If passed, a public hearing will be held on May 19, 2009. The caption of Ordinance No. 24-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.4, "GENERAL PROCEDURES" PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(F)(4), "LITIGATION PREVENTING CONSTRUCTION", IN ORDER TO EXTEND THE TIME FRAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, stated this is essentially a housekeeping item and noted staff amended the Code elsewhere to increase the timeframe for approval from 18 months to 24 months. However, when these changes were made elsewhere in the LDRs, this reference dealing with the litigation was inadvertently missed. -29- 05/05/09 Mr. Eliopoulos moved to approve Ordinance No. 24-09 on FIRST Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 25-09: Consider aCity-initiated amendment to the Land Development Regulations (LDR) Section 4.4.3, "Single Family Residential (R-1) District", Subsections 4.4.3(F) and (G) to provide development standards and supplemental regulations to encourage redevelopment of the Carver Square Brownfield Area. If passed, a public hearing will be held on May 19, 2009. The caption of Ordinance No. 25-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", SUBSECTIONS 4.4.3(F), "DEVELOPMENT STANDARDS", AND 4.4.3(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE DEVELOPMENT STANDARDS AND SUPPLEMENTAL REGULATIONS TO ENCOURAGE THE REDEVELOPMENT OF THE CARVER SQUARE BROWNFIELD AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, stated all of the homes that were in this 2 block area have been raised and noted that this is a Brownfield Area. The City would like to encourage a redevelopment of these properties and allow development that would occur that would maximize the use of the property. Mr. McDonnell stated the essence of the amendment is to reduce the front yard setback from 25 feet to 20 feet but still allow a five foot encroachment of the front porch into the front yard setback. The side street setback would be reduced from 15 feet to 10 feet. In addition, Mr. McDonnell stated this would provide larger rear yards for the redevelopment of those two blocks and would promote a unique streetscape and require that all the irrigation be connected to the public water system. At its meeting of April 20, 2009, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Staff recommends approval. -30- 05/05/09 With regards to the soil, Mr. Eliopoulos stated remediation has been done and asked if this soil has actually been compacted and is ready to be built on or is that something that the developer would have to do. Mr. Eliopoulos stated the City is running into having unsuitable soil with Miller Park right now and asked if that is going to be part of that developer's agreement. In response, Mr. McDonnell stated final certification by Florida Department of Environmental Protection (FDEP) for redevelopment of the lots is anticipated by July. Mr. Bernard moved to approve Ordinance No. 25-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 26-09: Consider an ordinance amending Chapter 71, "Parking Regulations", to allow the City to add certain costs of collection fees to any unpaid balance owed the City. If passed, a public hearing will beheld on May 19, 2009. The caption of Ordinance No. 26-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.999, "PENALTY", SUBPARAGRAPH (B), "CIVIL PENALTY" TO ALLOW THE CITY TO ADD CERTAIN COSTS OF COLLECTION FEES FROM A REGISTERED COLLECTION AGENCY TO ANY UNPAID BALANCE OWED THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated this ordinance follows a State Statute that allows the City to collect all costs. Mr. Fetzer moved to approve Ordinance No. 26-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:50 p.m., the Commission moved to Item 9.B. of the Regular Agenda. -31- 05/05/09 9.B. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/POLICE BENEVOLENT ASSOCIATION: Consider ratification of a Collective Bargaining Agreement with the Police Benevolent Association (PBA), for the period of October 1, 2008, through September 30, 2009. Bruce Koeser, Human Resources Director, stated highlights of the Collective Bargaining Agreement include it is a one-year contract for the period of October 1, 2008-September 30, 2009, overtime rates of time and one-half will apply after 84 hours have been worked, a 5% step movement so that those that were topped out will receive an increase this year, and change of holiday options. In addition, Mr. Koeser stated take home vehicles will also change to de minimis use. Staff recommends approval of this agreement. Vinnie Gray stated the PBA will be back in two months for negotiations again. Mr. Frankel inquired about whether or not the contract can be for two or three years. Mr. Gray stated the City would have to carry the benefits from the first year into the second and third year. Mr. Koeser stated this is a financial economic issue from year to year. Mr. Frankel stated with this contract where would Delray fit with the other Police agencies in Palm Beach County. Mr. Koeser stated Delray Beach fits pretty well from a wage perspective. They are a little above median and from a benefits perspective Delray Beach is doing very well. Mr. Bernard stated he has been through so many meetings and negotiations and he is happy that everyone has come to an agreement. He stated because of the fact that the PBA, the City, and Mr. Koeser have worked so hard to get something done he is happy that they are able to move forward. Mayor McDuffie commended Mr. Koeser for all his hard work. Mr. Eliopoulos moved to approve the ratification of the Collective Bargaining Agreement with the Police Benevolent Association (PBA) for the period of October 1, 2008-September 30, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Bernard (Seat #4). Mr. Bernard moved to appoint Alson Jacquet as a regular member to the Planning and Zoning Board to serve an unexpired term ending August 31, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - -32- 05/05/09 Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer stated he would like to defer his appointment to the regular meeting of May 19, 2009. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the League of Cities Board Meeting on April 22, 2009, the League determined that there would be no dues increased for the coming year in view of the financial challenges most of us face. He stated Mike Borstein, Town Manager of Lantana, was appointed to the County's overall Economic Development Program Committee that they have. He stated that they had a good presentation at the General Membership Meeting that Commissioner Bernard also attended on the Workforce Alliance and their programs. Secondly, he stated Attorneys in Tampa filed a Class Action suit naming all the cities in the State over business taxes claiming that they should not be taxed since they are regulated by DPR. The court has dismissed all the other cities so only the ones in Hillsborough County are still included in the suit. The City Attorney stated the City Commission voted to opt out of that one earlier in litigation. With regard to the one-way pairs situation, the City Manager stated the City made a request to the County to go ahead with the conversion of North Swinton Avenue and N.E. 1st so that N.E. 1st could be converted to two-way between North Swinton Avenue and either 2"d Avenue or 4th Avenue. The County indicated that they would provide a cost for just this intersection and staff has made many numerous unsuccessful attempts to get status information on N.E. 1st at 5th Avenue and S.E. 1st at 5th Avenue. The City Manager stated once we get the information on S.E. 1st at S.E. 5th Avenue we will contact the abutting property owners to obtain a temporary easement because there will have to be new poles installed. He stated eventually they will need mast arms at this intersection but that would be done as part of the overall US-1 project. The City Manager stated at N.E. 1st and 5th Avenue there is a wind design issue. He stated the existing poles are so old that it is nearly impossible to perform any wind loading calculations and FDOT will not permit any signal head modifications until this information is provided. Staff has met with FDOT numerous times to try to work out a temporary solution where no new poles would need to be placed. The City Manager - 33 - OS/OS/09 stated FDOT has offered some options and these options were forwarded to Palm Beach County Traffic. He stated the next step is to have Palm Beach County Traffic to resubmit their plans to FDOT that include one of the options proposed. The City Manager stated his understanding from the communication he saw from Commissioner Abrams was that Palm Beach County Traffic is going ahead although they seemed pessimistic about the outcome. The City Manager stated Commissioner Eliopoulos had expressed concerns about dogs at 917 Lake Drive. There is no regulation in the City with regard to the number of dogs or cats you may have. The City's ordinance addresses dog bites, viciousness, running at-large and mistreatment. He stated the Animal Control Officer investigated this complaint in January and made three field visits to the property during the month. The small dogs were younger and have since grown. The City Manager stated because of the City's concerns, the owner installed an underground electric shock fence to control the animals. In the back, the owner has installed a chain link fence to control all the dogs. Return visits were scheduled in February and no new incidence was observed. In response to the latest problems our officer returned to the site and spoke to the owner about the City's concerns. The address will be continuously monitored for dogs-at-large and the problem may subside as the owner appears to be in the process of relocating. The City Manager stated we could have gotten atwo-year contract with Police if we had committed ourselves to continuing step increases next year which means costs would go up 5% and staff felt that they could not make that commitment. He stated the step increases will stop on September 30th unless they get a new agreement in place. The City Manager stated one of the challenges this year is because of the language in the previous contract step increases have continued while the City has been negotiating which is something that we do not budget for so we have to make adjustments for that. The City Manager stated they will not continue into next year until the City gets a new contract in place. He expressed concern about Dr. Smith presenting the Delray Rocks as if it belongs to the African-American community. The City Manager stated one of the things that the City has been concerned about is the perception of having segregated sports leagues. He stated it is certainly overwhelmingly African-American youngsters that participate in it now and the City would like to see more diversity in the Delray Rocks. The City Manager stated the Hilltopper Stadium is in the City limits and it is about 2 t/z miles from Pompey Park. He stated if you go any direction from any part of the city 7 miles, you are well outside the City limits because Delray Beach is about 4 miles square. The City Manager stated Dr. Smith was misinformed on those two points. Lastly, the City Manager stated his father-in-law passed away and they had his burial and memorial service this weekend. The City Manager stated two of his sons spoke at his funeral and his youngest son had gone with his grandfather to the 60th Anniversary of D-Day in 2004 and he shared things that he learned from his grandfather there that no one else in the family knew. -34- 05/05/09 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he would like to see the Commission move forward with the appointment of a new City Attorney. It was the consensus of the Commission to place the appointment of the new City Attorney on the May 19, 2009 Agenda. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos expressed his condolences to the City Manager and his wife over the loss of his father-in-law. Secondly, Mr. Eliopoulos stated there is going to be a Workshop Meeting with the Delray Beach Housing Authority to discuss what they do and what their purpose is. He stated he would also like to see a Workshop again with the Community Land Trust (CLT) and the Community Redevelopment Agency (CRA). It was the consensus of the Commission to hold a Workshop Meeting on Tuesday, May 26, 2009 to discuss the rolls of the CRA and the CLT. Mr. Eliopoulos stated he and Commissioner Bernard attended the Eagle's Nest Opening which was a really great turnout. Mr. Eliopoulos stated it is great that we can get programs for our youth and hopes the City can continue this. He stated with regard to the Delray Rocks he does not know what will happen at Atlantic High School and does not know what options we have. Mr. Eliopoulos stated Hilltopper might be Plan A and Plan B and feels we have to keep working out some of these issues. He stated his concern was to make sure that we do have a facility for them. Mr. Eliopoulos stated when looking at the cost and what it takes for the City to actually get a football field with bleachers, etc. he feels this was a good financial move for the City. Mr. Eliopoulos commented about an email with regards to Old School Square and opening up on Pineapple Grove the entrance for cars to use the garage, etc. He suggested that Richard Hasko, Director of Environmental Services or Randal Krejcarek, City Engineer sit with Francisco Perez-Azua and go over the issues. The City Manager stated he met with Mr. Perez-Azua and that was one of things he discussed and he is going to take a look at it and do some sketches on the plans to see if it would really work. - 35 - OS/OS/09 13.C.3. Mr. Bernard Mr. Bernard stated this morning it was Career Day at Pine Grove Elementary School and he had the chance to dress up and play attorney. He thanked the Principal, the teachers, and the students at Pine Grove Elementary and he is very happy with the product that he is seeing at Pine Grove. Secondly, Mr. Bernard commented about youth sports and stated we need to get our priorities straight in terms of what are youth sports about. He stated he is seeing all these racial tensions that are being created in regards to youth sports and feels that we need to decide what our priorities are in terms of how we are going to fund these youth sports because in these tough economic times it still goes back to what are our core services that we need to provide to our citizens. Mr. Bernard stated we need to think about how the City's decision affect the youth sports and eventually look at how this is going to affect these kids because he is seeing racial problems that are being created in terms of the City's involvement in baseball, soccer, and football. 13.C.4. Mr. Frankel Mr. Frankel expressed his condolences to the City Manager over the loss of his father-in-law. Secondly, he thanked Commissioner Fetzer for his consideration in nominating him to the Police and Firefighters Pension Board of Trustees. Mr. Frankel stated he is having a problem with his neighborhood where a developer is not adhering to basic cleanliness standards so the City Attorney helped his neighbors and himself. Mr. Frankel stated he attended Circle on the Square last week and it was a nice event and well attended. He stated it was nice to see everyone at the Paradise Bank event and feels this is a tremendous addition to the community. Mr. Frankel stated Paradise Bank made a very nice donation to Mayor McDuffie's charity and noted this was very kind of them. Mr. Frankel stated he is looking forward to the Old City Limits (IL Bacio) opening tomorrow and the Bed Race Parade in Pineapple Grove on Thursday. Lastly, he commented about the email from Ken MacNamee regarding Waste Management and underpayments a little over $40,000.00 has been made. In his opinion, Mr. MacNamee has taken a lot of time and gone out of his way and it seems like there is a major issue here. Mr. Frankel applauds Mr. MacNamee for what he is doing for the City and hopes that whatever steps need to be taken in the appropriate manner is being done. -36- 05/05/09 13.C.5. Mayor McDuffie Mayor McDuffie stated he had the opportunity to speak at Morikami Elementary School and he had a wonderful time. Secondly, he stated he missed Circle on the Square this year because he attended the TED Center Gala and it was a great evening. Mayor McDuffie stated they raised some money but in speaking with Seabron his donations went down 60% so it is a tough time for the non-profits trying to stay afloat. He stated this makes the donation from Paradise Bank even nicer. Mayor McDuffie stated he had lunch with Jamie Titcomb from the Palm Beach County League of Cities today and asked if the City Commission is going to buy a table for the luncheon (12:00 noon) on Friday, May 29, 2009. He stated he spoke to Palm Beach County Commissioner Abrams and to see if the City can get any help. Mayor McDuffie stated he will try to take it to a Metropolitan Planning Organization (MPO) Meeting as well. Mayor McDuffie stated it would help in the Old School Square Garage if people could come eastbound and then you would have a very intuitive way into the garage. Mayor McDuffie stated he and Commissioner Bernard had the opportunity to go to Eta Phi Beta and Sharon Austin came as the keynote speaker. Mayor McDuffie stated it was suggested that a hotel be put in the City of Delray Beach that normal people can afford to stay in. He stated it would be nice if there could be a family-type hotel in the community. He stated he spoke at a Green Drinks Event in which the Mayor of West Palm Beach, Boynton Beach, Boca Raton, and Delray Beach were invited to speak. Mayor McDuffie stated every city was represented with the exception of Mayor Jerry Taylor with the City of Boynton Beach who sent a representative in his place. Mayor McDuffie stated the 1% sales tax for fire services passed; however, this still has to go to referendum. Lastly, Mayor McDuffie commented about the Delray Rocks and stated he has met with the Rocks Booster Club multiple times himself and multiple times with Linda Karch. Mayor McDuffie stated he and Commissioner Bernard had two meetings set up. Mayor McDuffie stated at the first meeting 1-2 people showed up and at the second meeting nobody showed up. He stated when they finally did get things going well and got the full Board there Atlantic High School was not a topic; it was first and foremost build it on Pompey Park and second was Hilltopper. Mayor McDuffie stated although he respects their right to go anywhere they want to go, it is very confusing. He concurred with comments expressed with Commissioner Eliopoulos that we need to move ahead. -37- 05/05/09 Brief discussion followed regarding the condition of the football field at Atlantic High School. The City Manager stated Dr. Weigel informed him that she did not want the Delray Rocks there; however, if they had no where else to go, in order to accommodate the kids, she would allow it. Mayor McDuffie stated when he spoke to Dr. Weigel she indicated that the condition of her field is horrible right now and she is worried about the safety of the kids that are out there now. Mayor McDuffie stated what the Commission is doing is saying we are going to build a park and the City has already negotiated the lease. He stated that the people from the public who expressed concern regarding the Delray Rocks can pursue things with the School District. With regard to the comments expressed by the public regarding the Delray Rocks, Mayor McDuffie stated they want the City of Delray Beach to be facilitators and sit down together. Mr. Bernard stated since they are City officials they have their boundaries in terms of what they should do and does not feel that the City should get involved in terms of what goes on with the School Board and the School District. Mr. Bernard stated the City Commission has to decide exactly what they are going to do to not overstep their boundaries because the Commission does not want them to dictate what the Commission does in the City of Delray Beach. Mayor McDuffie stated he very strongly believes that the Commission did do what they were asked to do. Commissioner Bernard stated when he and Mayor McDuffie met with the Delray Rocks at Pompey Park they discussed Pompey Park being their first option but he does not think that the City went back to convey the message that we were going to move forward with Hilltopper Stadium. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:32 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 5, 2009, which Minutes were formally approved and adopted by the City Commission on -38- 05/05/09 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -39- 05/05/09 SPECIAL/WORKSHOP MEETING May 12, 2009 A Special/Workshop Meeting of the City Commission of the City of Delray Seach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, May 12, 2009. Roll call showed Present - Commissioner G ary P. E liopoulos Commissioner Fred B. Fetzer Commissioner Mackenson Bernard Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - David T. Harden, City Manager Also present were - Doug Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Nelson S. McDuffie called the special rr~eeting to order and announced that it had been called for the purpose of considering the following Item: SPECIAL MEETING AGENDA 1. BASELINE BUDGET SUBMISSION/CHILDREN S SERVICES COUNCIL (CSC)/BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing staff to submit the baseline budget funding request for Fiscal Year 2009 /2010 to the Children s Services Council of Palm Beach County in the amount of $792,852.00 for the program and services associated with the Beacon Center at Village Academy. Mrs. Lula Sutler, Director of Community Improvement, presented this item. She stated that she would like to submit the budget to the Childress Services Council of Palm Beach County which is about a 2% increase in the amount of funding to be received by the City. Mr. Fetzer moved to approve submission of the Children's Services Council (CSC) baseline budget ffunding for Fiscal Year 2009/2010, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed 5-0 Mayor McDuffie adj oumed the Special Meeting at 6:02 p.m. 05 /12 /2009 WORKSHOP AGENDA 1. Presentation of Comprehensive Annual Financial Report Fiscal Year ending September 30, 2008 Mr. Scott Porter of Caler, Donten, Levine, Druker, Porter & Veil, P. A., provided a financial overview of the City of Delray Beach, Florida Comprehensive Annual Financial Report for the fiscal year ended September 30, 2008. It was the consensus of the Commission that the Comprehensive Annual Financial Report for fiscal year ending September 30, 2008 was an excellent report. 2. Delray Beach Housing Authorit~pdate Mrs. Dorothy Ellington, President and Chief Executive Officer of the Delray Beach Housing Authority (OSHA) presented this item. She introduced the board members present at the meeting. She discussed the history of the DBHA and provided an overview of staff functions, various programs, funding and new projects. She advised that the redevelopment of Carver Estates is at a standstill because of unresolved issues with the developer but mediation is scheduled Mrs. Ellington discussed the goals of the organization. Mr. Eliopoulos asked if DBHA served 1,100 families currently or if this is their goal and would the number change. Mrs. Ellington advised that 1,100 is the number of families currently served; the number could change if more federal money becomes available. She discussed the voucher program and the initial poor construction of Carver E states. Mr. Fetzer inquired about the status of the Hope VI Funding. Mrs. Ellington stated they were informed that they do still qualify for the Hope VI funding Hov\ever, applying for the funding will still have to be discussed with the DBHA board Mr. Bernard asked if the office space on 5~ Avenue would also include residential units and would the units be market rate. He also asked if the units would be green and sustainable. Mrs. Ellington advised there would be three (3) two-bedroom units on top. Mr. Frankel asked where the mediation with Auburn Group will be held Mayor McDuffie inquired about the money on hold for the Replacement Housing Factor Fund Commission thanked Mrs. Ellington for her presentation. -2- 05/12/09 3. Presentation of Utility Rate StudX Mr. Richard Hasko, Director of Environmental Services, introduced this item. Also present from CH2M Hill was Dave Green and Luis Munoz. Mr. Hasko discussed the financial plan for water/sewer, water/sewer rates, rate restructuring, bill distribution, impact fees and reclaimed water rates. He discussed possibly doing a block rate structure. He stated there is a legitimate reason to revisit water sewer impact fees which have not been increased since 1992. Mr. Green gave an overview of the utility rate study. Mr. Fetzer advised it is necessary to have a proactive approach and look at all of these things. Mr. E liopoulos concurs with Mr. Fetzer and stated we should also look at reclaim use. Mr. Bernard asked if there is a different phase for reclaimed water. Mayor McDuffie stated that he liked the direction the City is heading towards with water rates and water consumption. Commission t11an1<ed Mr. Greene for his presentation 4. Discussion regarding Charges to the Town of Gulfstream for Fire-Rescue Services Mr. Douglas Smith, Assistant City Manager, introduced this item and discussed Mr. Harden s reasons for the change in charges. Mr. Smith introduced Sill Thrasher, City Manager, Town of Gulf Stream, to the Commission. Mr. Fetzer asked if the final comments of David T. Hardery City Manager, were in the backup information. Mr. Smith advised the comments are in the back up material Fire-Rescue Chief David James read an initial statement into record He discussed some of the priorities and the resources needed both human and fiscal to address years of operational growth Mr. Eliopoulos asked Mr. Smith if the rates for Gulf Stream would be the same as Delray Beach in the new proposal. He would like to make sure that all recommendations and comments are reviewed Mr. Smith explained howthe different charges were calculated and projected Mr. Frankel advised that Lieutenant James Tabeek did a great job providing information He inquired on the cost to fully staff Fire Station No. 2 and expressed his wish to have this station fully staffed He also asked about the upgrades and the estimated cost. He questioned when the contract with Highland Beach was negotiated -3- 05/12/09 Assistant Fire Chief Charles Stravino advised the cost to staff Fire Station No. 2 would be approximately $400,000.00 which includes benefits. Assistant Chief John Tomaszew~ki stated the contract was negotiated with Highland Beach in 1993 initially as a 10-year agreement and was re- negotiated in 2003. Mayor McDuffie asked if Fire-Rescue dispatches out of Highland Beach. Assistant Fire Chief Tomaszewski stated that Mr. Hardens proposal did not address the Fire- Rescue Capital Improvement Program. Mr. Sill Thrasher, City Manager of Gulf Stream, commented on proposed contract for the Town of Gulf Stream. Mr. Eliopoulos stated he respects the Town of Gulf Stream and Mr. Thrasher, however; the City of Delray Beach should have looked at the contract first. Mr. Fetzer commented on the sequence of how the contract was reviewed and approved He mould support using the Highland Beach rate contingent on fully staffing Fire Station No. 2. Mr. Bernard advised the Commission was supposed to meet before the proposed contract was presented to Gulf Stream. He also stated he agreed with Mr. Frankel that Fire Station No. 2 needs to be funded immediately. Mr. Frankel advised that Fire Station No. 2 should be funded prior to September 30, 2009. Mr. McDuffie expressed how unfortLUlate that the process was done backwards and that the contract was not reviewed prior to going to Gulf Stream. Mr. Fetzer asked if there is a timeframe in mind when Commission can get a budget proposal and be aware of the impact of the additional Fire Station No. 2 cost before the agreement is finalized with Gulf Stream. Mayor McDuffie discussed the DR 420 to be received from the Palm Beach County Property Appraiser on June 1, 2009. After the millage rates are reviewed, the City would have a better idea of what could be funded He proposed holding off on telling what the number would be for Gulf Stream. Mr. Thrasher commented regarding a possible one (1) year contract with Gulf Stream. Mr. Bernard recommended the City get a one (1) year contract with the terns as suggested by the Fire-Rescue Departmealt and fully staff Fire Station No. 2. Mr. Fetzer stated he does not have enougi~ information to determine if we will be able to staff Fire Station No. 2. -4- 05/12/09 1VIr. Eliopoulos mentioned that he would rather Dave an extended contract with Gulf Stream for a little lower amount instead of losing them after one year. 1VIr. Smith stated once the numbers are received in June and the City Manager can look at the budget staff can come back to Commission. Mayor McDuffie recommended that this item not be brought back to Commission at the next meeting and wait until we receive the numbers in June. He also explained that Fire Station No. 2 needs to be fully staffed immediately from the current budget if possible. It is the consensus of the Commission to wait until the City receives the numbers from the Palm Beach County Property Appraiser in June. 5. Procedures for Securing Professional Services for Issuance of Bonds 1VIr. Joseph Safford, Finance Director presented this item. He gave an overview of staff recommendations which are in compliance with the Govemmealt Finance Officers Association (GFOA) best practices. 1VIr. Frankel asked how perception problems would be addressed Mrs. Susan Ruby, City Attorney, discussed the GFOA recommended practices, Request for Proposals (RFPs) and Request for Quotes (RFQs). 1VIr. Fetzer stated he is satisfied with the outline provided by 1VIr. Safford, recommended by Usher L. Brown and GFOA. 1VIr. Eliopoulos stated he concurred with 1VIr. Fetzer. 1VIr. Bernard inquired if the Palm Beach County Qerk's recommendations were incorporated with the Cites report or was it compared Mrs. Ruby advised that the County has a large govemmealt with many different bonds issued 1VIr. Bernard suggested that the City take a look at the Counts recommendations and compare and contrast. 1VIr. Smith suggested staff bring back a formal written policy to commission and any changes will be incorporated It is the coi~sensus of the Commission for this to be brought back to the Commission at a future meeting -5- 05/12/09 6. Possible interim use of Old School Sduare Garage Retail Space Mr. Smith introduced this item. He advised that staff mould like to do some temporary uses of Old School Square Retail Space rather than sell with current market conditions. Mr. Smith discussed some of the ideas proposed by staff for the space. Mrs. Ruby advised that the property is still on the market under contract and interest is expressed from time to time for office use. Ms. Diane Colonna, Executive Director of Community Redevelopment Agency, discussed her concerns with the property. Mr. Hasko, Director of Environmental Services, tallced about some of the improvements that mould have to be done to the building, but he does not knowwhat the cost will be. Mr. Bernard stated that staff needs to figure what the cost will be so that Commission can make an informed decision. Mr. Fetzer concurs. Mr. Eliopoulos asked how long is the City legally obligated on the contract for the sale of Old School Square Retail Space through Ms. Ingrid Kennemer. He also inquired how the City decides usage of the space. Mrs. Ruby advised that Ms. Kennemer was just renewed for six (6) months. Mayor McDuffie advised that Pineapple Grove will appreciate the space being temporarily used to help drive business in the area. He questioned how long it would be before Phase I of Old School Square Park is kicked off. Mr. Franciso Perez-Azua, Director of Economic Development, discussed bathrooms and proper codes and advised that the project has to be done right. Mr. Rich McGloin, Public Arts Advisory Soarcl, asked about the options to restrain the use. He suggested it is not practical to go into a project like this and still have the property on the market. Mayor McDuffie discussed options for the space. He explained that the City could lose the value of selling the space. Mr. Frankel stated he is conflicted due to the fact that the cost of doing a market could be used for Fire Station No. 2. Mr. E liopoulos advised the City to seize the opporhmity. Mr. Fetzer suggested the City come up with a Plan S because of the economy. He supports moving ahead with this and doing a feasibility study. -6- 05/12/09 Ms. Colonna discussed using only a portion of the space. Lori Nolan, Green Market Manager, discussed market possibilities. She advised that the people in Pineapple Grove Dave expressed an interest in this. She stated it would Dave to be sustainable all year long Mr. E liopoulos suggested only a portion of the 10,000 square feet space be used It was the consensus of the Commission for something to be brought back at a future date; possibly at the July 14, 2009 Workshop. Mayor McDuffie adj oumed the Special/Workshop Meeting at 10:02 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Special/Workshop Meeting of the City Commission held on Tuesday, May 12, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -7- 05/12/09 WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future world conflicts; and WHEREAS, the relationship between the people of Miyazu, Japan, and Delray Beach, Florida, actually began at the turn of the century when the Florida East Coast Railway helped Jo Sakai establish the Yamato Colony along the railroad near Boca Raton; and WHEREAS, among those early settlers was George Sukeji Morikami, whose hometown was Miyazu, Japan, and who later donated his land near Delray Beach to Palm Beach County and the land is now home to the Morikami Museum and Japanese Gardens; and WHEREAS, the Sister City program serves as a vehicle to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan established a Sister City affiliation in April 1977; and WHEREAS, during the past 32 years our communities have had city officials and citizens exchange visits and have established Student and Business Exchange Programs. Delray Beach Sister Cities is enthusiastically sending its sixth Student Exchange delegation to Miyazu on June 12, 2009; and WHEREAS, the relationship between Miyazu and Delray Beach brings about a great sense of brotherhood, friendship and amity between our two great cities. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize Chelsea Brandt Sophia Ellingsworth Matthew Feldman Matthew Kondziela Jacqueline Lowell Danielle Trubow Robert Weil as Student Ambassadors representing both the City of Delray Beach and the Student Bodies of Atlantic High School, American Heritage School and Boca Raton High School. We send our best wishes for good health and fortune to all the citizens, and especially the Students, of Miyazu, Japan, and extend our hands in friendship and peace. MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 19, 2009 AGREEMENT/NUTTING ENGINEERS OF FLORIDA, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve an Agreement in the amount of $16,465.00 between Nutting Engineers of Florida, Inc. and the City for performing testing of construction materials for the Area 11A Reclaimed Water System Contract 3 Project #2008-048.3. BACKGROUND On April 21, 2009 Commission approved a contract award for the Area 11A Reclaimed Water System Contract 3 Project. Contract 3 involves the construction of the reclaimed transmission and distribution system on the barrier island, from the east side of the Intracoastal Waterway at Lowry Street north to Beach Drive. The project includes the installation of 16", 10" and 6" C-905 PVC pipe throughout the residential neighborhood. Nutting has been contracted to provide professional engineering services for the other two Area 11A Projects; Contract 1 at $1,630 and Contract 2 at $2,455.55. The attached agreement with Nutting Engineers of Florida, Inc. for Contract 3 is for construction material testing services to include: density testing using nuclear gauge for roadway, subgrade and base course and utility backfill; laboratory moisture density proctor tests; limerock bearing ratio test; soil classification tests; concrete cylinder testing, slump test, temperature, curing compression tests; and professional engineer services for overview, consultation, site visits, and reporting. The fee schedule is attached as Exhibit "A" to the Standard Form of Agreement. A location map is also attached for your reference. The City has received grant funding for this project in the amount of $1,118,000 through the South Florida Water Management District (SFWMD). The grant program requires that the project be completed by August 31, 2009. FUNDING SOURCE Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff recommends approval of an Agreement in the amount of $16,465.00 between Nutting Engineers of Florida, Inc. and the City for performing testing of construction materials for the Area 11A Reclaimed Water System Contract 3 Project. ~ T ~~~~ ~~~ ~ t~~~~~i`~i~I ~ TH€~ ~~~I~" made this day of 20,~, by and bet~~~reen the ~€~°~` ~~ ~~ ~~~~ thereinafter called ~€T~~") and I~u~tincd Enc~inee~-s of ~[orida, Pnc, ~herei~~after called CCT~~.~~`~}. f~i~~~~~ ~ ~R The ~~`' and tine ~t~T~~.~~`€~~ in consideration of tl~o rrtut~ca€ covenants hereinafter set fo~h, agree as folPo~s: `i. T[;e undersigned ~~`~~~~'[~ hereby represents that he has carefui[y examined a[! Contract documents, and :j~€li perform the contractua€ requirements pursuant to al€ covenants and conditions. 2. TI~e ~~ s ~~'€~€~, as evidenced by fibs execution of this contract, ac€c~~o~~r[edges that it has examined the physica[ characteristics of the job requirements. The ~~~t~C ~ ~t~ furthef` ac€cno~~rledgss that the bid price includes all costs ar~d expenses required for the satisfactory completion of the contracts requirernenta, 3. Thu ccntract bet~reen the ~~~'~' and the ~~€~~°.~~~~ include the foil©v~ing cltac~.~ments ~~hich are attached hereto and Incorporated herein by reference of the fa[ic~r,~ing: ~~Tt~~~ ~~~~~~~ ~~~ ~~~ ~~~~ Standard [=orrn of Agreement ~-5 Corporate Acnot~rledgmei~f~'` ~ Certificate 7 Insurance Requirements 8 _i_ Sa~~~ie knsurarca For[ `drug F[-ea ~fVork Flace ~a[~titication `~~ proposal (Sched~ie c~ rcir9J ~:Ci lCJit `'A" Addenda numbers 0 to ~ 0 ~, inclusive, and any modifications, including Change a['ae['s, d~[iy de[ivored after execution of ~i~is Agracme[~t. ~. The C~~T~A~T'~~ shall have ~ ~~ days to cor~`~piete tha ~ro~ect. ~. This agreement shaft Eav governed lay the laws o~ the Stata ai Ficrida as i~lo~~ and he[°ea~ter in iorGe. The venue ror actions arising out o~ this agreement shall he ~aln~ Beach County, Fforida. 6. A4l notices, requests, demands, and ©ther given it` ~erso[~affy delivered or mai(eci, certified r~[ail, return receipt requested, tta the fi©ilawing addresses: !~s to~ City. City of ae(ray Beach, r~t. '~fl0 ~11N ~stAvenue aef ray ~3each, FL 3344 As to CaNTRAG T OR: Nutting r~t~ineers of Florida. 1[~c. ~~~~} Ne tune k~trive Boynfnn Beach F;_ X3426 7. The ~€~i'~~°~A~~'~t~ shalE neat, vrithout prior ~ritren consent ci the SET`, assign any portion raf its interest under this contract and, speciflcaily, the ~~'~:~~~T~r~ shah not assign any moneys due ar to became due L~itha~[t the prior ~~rritten consent a; tl~e E`"~ ~. ~~_ n1 ~~ the G~~ uir?dS ni~`tl5c i c`~. 1 i-~a G~~~ ~ ` ~~~~`~ .~~ ~ G~ each `~~ s, `-.s pa. ~nu;~~, S11%jaeSSOrS, a5i[gns aCld iLg~= i•E(3E'~Sci"li~tl~~°5 io the tither ~l~~~ he!"~}© In ~"cs~~C% ra 8Ez ~Gl1VcClallr5, aC,~rGer'i?^I"?I5 atl~ t7E~[IgatiC7nS Ct7fltalEi~d Irl t["}G- Cpi?ir~Ct dC~i?['i~nTS, ~. in coi~sidera',an of ten dcatilars ~~10.~~) and atl~er Valt=a[~Ee cor:sideraticr~, th,a Gi~~~~.~~ ~ shat[ defend, indemnify and sa~~~ ha {~ iess the G[ ~ ~', ins aiiic~i`s; agents and emplayees, frnm or on accouni of ais~y lia~il`rties, damGges, lc~ssas and costs TWC~CVcd C]I" ~ sLiStalll~d by lily f~er~Gn ~C ~EC~anS by C71" ii'i GCCIScC~E~ei G? (~T ~I~Ty negligence (encludi~~c~ the sn4e negiigance of the G~)s recftlessnes5 ar intent}nnal t~,rrct~gfu[ miscand~ct of iha ~~~ ~ E ~~~.~~ and any ~arsans er-3~fa}~ed ar uti[i?ed ~y 'the ~~~ ~ i~~ ~ ~ in iha ~ar}or's~ia[ Ica of this ~=n~ect. ~`~ ~ i ~r~ agrees Ehai nPgliger~t, r2cf~less er intor~tioi~a[ ~rnngful ~;€scanduct inciudcs, but is na [united to, use of any ir~~pro~e~' n~ateria[s ai' ;ia[~iiities, da;~uges, [cssLs ar casts cauaad ~y oi• an aGC,ount a= the use of ar~y irrpraper materia#s. ~~ ~ ~,~.~~`~~ agrees that negiic~enz, raciness er inten~ianal ~~rongful mist©nduct also includes but us not limned to the vialation of any ~aderal, State, Gaunty nr Giiy [avvs, l~y~laws, ardi»ances ar regi.~lations by the ~€~~~"1~~~GE~, his su~cantractnrs, agents, servants or employees. ~~~~~~~C~~ fur~~ ;er agrees sa defend, indemnify and save harmless the ~[ i ~ frni"n a[l sunh clain~ts artd foes, ar~d fra:rt a.ny and al[ suits anc~ act[ons of eVary name and descriptian that may be Brought against the ~ ~ `~ an accaunt of any claims, fees, raya[ties, or posts or anl,~ invei~tian or pats~t, ar~d frarn any and al suits Qnd actions ti7ai may oe ~rt~ug[~t against the ~~~`~~ for thy-~~ini~~ingern~nt of any and a(I paients a~- patent nights c[aimed by any ~ersan, f;rr~, ar nar~arat[an. _;_ i i~~ inder;~nificaiio~~ prflvided above. sl~~a'l obllr~a$~ shP ~`~~ ~ ~~ ~ ~ to deiet7d ~~. i3ls C'{t~f~ ~:%r-x~t';Se Cdr ~i~ (~IuVtC3'~ ICr SL~Ci1 Cici~r'zs~, c`~~ il~u° ~~ a ~`~ O}~LkGlls ~[?t,~ i~tld 3.~ ciairns cr [iaLili~y and alf st~l~s and ac`~inns aE evs~'y tame aE~d d~ascintiantnar E~~ay bs broug~~ agains~ ~i~e ~~ ~ ~ ~~'nicl~ may resui't ~ror~~ '<:i~e c~eraiicns a~~d ac~iviiies under -~'nis Ccn~rarri ~,~~'nati,,Wr i:hu cons~rucuan o~e~'Qi:ior~s ba r~ricrrr~ed by 3~e ~~~`~r~~~`~, i,s sul~can~ractor cr by an}fone dir>~c~l`s~ er indirecd;,~ emp[oysd b~~ eiiher, l his $. r in~erf~n(n~aLiC3n 1rICiL1d~5 a~i Cr:SS anC~ iC~S inGl~r{Ii~C~ rzT~C'Cne~y15 Eu~S cfld GC7S~S L anal aRd nrJ~~il~Ie ieV~ls, i he € s ~ ~~~iii pay io ~l~e ~~~~ € ~ € ~€~ ~~e sr~cci iu cansidera`f:ion o~ yen dollars and c~i~~er acre ,and vaiual~ic considUraicn as speci~ic consid°ra~ir~n for ~t~ ind~mnitication Provided ~erelR. ~urri~ermoie, tie ~~~~1~~~~~~ acknrawledgvs ~h~.~ tf;e did price incl~,~des said aa~~s:dera~ic~n icr she r~de~~niriaa~ion ac-ovi5~~on. ~~. I l"Eis ~greernen~ shall ~e considered null and void unless signed b'~ bath she ~~~~"~~~ ~ ~C ar~d ~h^ ~~ ~`~. ~€ ~ . i ire ccn~r~c~ documents ccns~i~uiE/ she enure ag~~eement bei~~f~en she ~~'~`~ and she ~~€~ i i~ € ~~ arid may only be alie~-ed, a~~nanded car re~ea{ed by a dt~iy exec~red ~ri~en ir~s~rc~ment. -~- ~ ~~~~~~~~ ~~~[~~~~, ~h~ p~~~u~ h~rGio i3a~~c ~n~c~~ed ¢I~is ~C7~~2mclii, t~Ee day a~~ y~~~~ ~i~u~ ~.bov~ '~,~~i~ei~. ~i~~S-: y: City Gierk clt;~ 1,;~~~~~r A~r~v~r~~,as to farm: C~iy A~to~°r~ey CQl~ I ~ ~1~: ~ ~ in Eng' eers oi: F~or~da, Inc. 3Y : f Richard C. Wohlf a?-tf-, V .P . (°~i~~t or type na~-ne an~i titiej (sEE?~) -5- ~~~~r 5 j~ ~e~ ~ ~ ~/~~~ (Print ~r ~ pe name anti title} ~ 1 A! ~ OP Florida ~[~~~ (`~ gP ~'a~m BeaoYt ! he Tof er~~ir~~ ir~stirutr~~nE v.fas acitnQVtirled~ed ~~Eot`e me ti•ti~ ~ day ~~ 2Q by Richard c o Wahlart~ (;~~tr,e ai~ oii~er ~. x..• ~ Florida SC~te cr or a~en., ~i~l~ d~ ~,stc~..r or age~~}; c~ piac~ ~~ ir}cr~rpQratic~~~ cor~ora~ior~, ~n bek~aEz of the coy°pQration. ~iel~(~e i~ ~~erspnaliy ~r~a~vrt to m~e} (er has ~r~duced i~~~iiiica~icr~) ar~d i~as used hisf~et- ersonall know _~~ (i~pe a~ ider~ti~icafi~~} as ;den~i~icat€crf. S~~na~ cf Perscn'~afci€~g Ackt~o~~vfedgmer~~ ~'~Y``~~;P ~LI~~~L.dl.1~LEk~ ~zaS••" ~ Commission Di:3 641 i~ q~:a~ ~}(~31C8s ~Un~ ~~, 20~~ dame ~G Ac`s 'ov~rl~ -~~ Primed ar 5ta~~peci -~- ~fi ~ar~oration;. ~~~Tim.. ~ ~i..DRIGf~ CaL1[~ I `C Oi Palm ~3each .~ SS 1 ~ ~~~~~ ~~~~`[i:°`~ ghat a ~r.eetlr:g t~s Lhe Boaid o~ ~i~ectors o~ Nut_~i~ ~~in~ers ~~ ~~~~~.r a car~cratia.rr under the fati~rs of the Mate of ~lnrida held nn J . 2I~ the iollo~ving resoluti€~n teas duly ~ass~d and adr~ted; "~~~~.~~'~, that Richard C, Wohlfarth as vice President o~ ti-~e cnr~oratio~~, helshe is hereby authorized to exeGUts tl~e Agre~rnent dated ~ , ?~~. betwee~~ the Cl{yap Qe3ray ~eaGh, ~ Iarlda-and this cor~c~ratiar~, and 'that his executir~n thereof, attested icy the Sect'eiar~F oT the Gor~oratian and v~ith coiperate seal aiiix8d, shaii l~n the aEiicial act and deed ai thls cor~c~ratic~n". i-urther cep Eiiy Eha~ said rescl€~tiarf is €~ovu In iuii i{~rG2 anti erect. E~ ~ € ~~~~ ~~i~~~~t~~, [have hereur~.to set my hand and mixed the c~iiiciai ~_..~ seal ~1' tl?f.' Garporatlo~~ thl~ _ ~Ga~ O1' mm ' ~ -- {Secretar (Seal) `.'>~~;,,, ELIZAB~~H l_. BlJ`i•L~~' '' ' ~. Commission f3D 648115 '~ iris 1~ne 11, 2b11 F'%,t ~~w Bond2dlfii~3[mfFalnln8u~~ABC~' 47ff1® ~~ . '~ ° i~'~~.r~.~~Cs~ ~~~UI~~~~fl~~ E ,~. GE~1=i~.L LI"1 C~QnLFSQ? 1rt:C; ~~ ~fiflr I~~14' %Ont'~r'nEa cr 5<i~ll f7rvGL!?'~rld !;°idllit=iii I~LIr€r!~ ~i~c ictiit tat 1 1~SLiru~"_I'FL.G d~%h~ ~~'G~~. WPQ` `d ~'r° TII`;t~5 S~c~_,,d i~ ~~Cd£~iS~I'S #,~f~?O {-?~~ E~GiLiSiV ~n~~dt cS Q?':Ei3r:!1S~ Sc`cvtj, SSE €il~'li'.t5 ~rt(~ ~FpdS OT 11~151i;w1~GL Si'li?~f c:CC?~,CiCf`f EC %i1c ~G€Ic:.1~'v[l",~ :1?iRfliJ!~Cf`i r~~L":i ~i:+cCii.=; ~~ ~ I~ Ear al! ,ri ~Id ~~~s ~~~' ~~Q~~itdry '~ ~~^~rkdf'S COJI~ wr~ef~cn - C01fyr2S~ iQ D~ }~ . r ~' ~:...P~ F' i~`S i? Q4I';i~~fw51C~ SA,~iill ~~";c w,~~~'~'~iG~~i~,iB ~tEic ~n~ i ~c€€"~I ~ ~1j~~'. ER ~L~Q[~`nE1, u"1S { ii'iF .. ~o;€cy riiust in11!~c~ Err3~foy~~'s t.i~i[i~y ~~tijith a iimi`_ct `i~l],~ga aacit ~cc6~~u~% '1 CQI;'i~rEf?rt5.ftf° C~n~,~l I/i83?ijiid -~dVerd~Q I"i'1L'wi. ~~ ~%01'~c~ rJn ~ iC~iTl i~Q ri:Qrc resirc~~a ~h~n ~~~ f~test eti~dn a~ifiily Carib ~#~~nsi~v Cunu,ai I~aE~Ifi::y ~ airy Tf~'d ~~ Tlll~ Il«41~.C1G° c~.i-~~cas Glii~w ~n~ i~ ~!s~ It~icli.~cu, e) fi+fii~ii~ur'<~ lirr'~tts of S~DO,G~~ pUt ncc~rr~ric~ co~~i,:>sd single fir~it {ar Eudify, in~l~ty Liaini[;iy std ~rraerty gar:-~gu L.i~~iii?y. ~`~-;'~crili8,5 ~fl'di (~~f;rcil~r3S, Q~ InClc~~itC{c';5: ~Gtli aG%GiS. . d~ i~rd~u~s a;r~Jdr Gampl~~Gd G~peraticRS. aj h~Ip ux>alusil~n ;Ur Lndwra;-~uRd, ~.~~i~siQn ar CcfEa€~.se h~zat'~s. ,~'s. ~1.lsiilcSS r~Lii+.] ~b~{>-.V ° ~t,~er~C~c fC~LiSL i~w uliGr~eQd dE~ ~ {~~~1 RC1 ;~IQrc~ rcS~[C~Er~ €112T~ i:f'l° ~ctc5'~ cdl~iE~I1 Qi ih ° ~uslnLss r;~1LQ ~QIEC~~ diuC~ ~~ ~Ctw ii'ISL('21iQu~ ~Wi~iCc D:?i~e ~Rd ]";°EUSt 1hCIISCj~: fl~ I~fli~iCi~'1?ii! LI~iIS t7f ~~~~,~~~ b5roG~u[r?S3~e GQrFl~fil~C7 SfnG~fB 3illI1L;~Cf ~Qa'tiy In~us;~ f~ia~iiiE}~ a~-,d r c~~ari~ D~rra~e ~~ ?airility. . b) ~ ~~~WT,e~ ~l~hi~ies. c) ~-f;r~d and I~i~R-G~:+R~d 11~hiGfe~. d; .~~fay~r f~~r-Gv~r,er5~~:p. a C~ii'~E~a~~ ~~ fns~r~r~c~ - G~rCiid~~~s ~~ ail ini;E~r~ncW e~ri~wt~us'ng tf~e Ins~tl~ncv GDVEi"~~i° >S'p'"'~ryQiTi°ij 1i"1 i.f'€ti f]i'~'f1u~.iS ~I?5iiC~r<rc f~.i"f(7i1~115<rG'l;t~i ;]rit7i rp G1~t1lnlciiGc~ i ~il~ C~ ~:~ark. ! IIB~ rdf5!~13-Qt1 Ccf?~TIC~icS Gt if1SL ~3~~iiCe 5ll~u~~~ i'di GRi1f ~~;T3un ?$1~ '~J1~E& E~.1' DtiI1CtES ~raul~ed, ~~t sluff af~c refier vp~c't;iuaile7 to :his vid ~E?d sac~~in~ and t~° abo~,e 132racr~bflS Iri 3GCOrt3HriCB ~*~It#i 1~JhICh SSCfI fi ~SUi'crF~° i5 ~7C-iRCZ illCFSfSiI ={1, ni~C} Si`~21I Sic1B ~hS~ &LfiMI-1 4i'i511i'~CSC? i8 E'~Ql~?€'BC~iiSf S:ICti ~Y'GCIr~l3i.5 t3~'~I"i15 srdl~l~f aC~. E Il5 tt1CCc65'~1~ Llts~ci'Vd[If fnGiL~~:: Lil~^^ CfiV dF ~~~rS`~ ~3~¢Gt~ ~S 3f~L]I~Qt'?'r~l i~iatlrEia, IT ~h2 irEIlt~f €nSi!I~riC~u ~xpirvs prig; to ~~e ~oirpieaoi~ ©f thw Mork, r~n~e.~al c~r~EiiQa~es rf;~a[I ~e iurt-~Ish~d ~tirt~ (afJ} ~~ays p~tor try ;.ham ~~e ~7 ~~~p~ratidr~. rr'~sd, uR~xErthe Ganc~liaioR s~cuon dc~r~u Ir5r~~nc~ ~~i'xi7~C~u~si"1 L!l~':Mni'~S -cil~uc~Vl3rit~~ MR~ `'~L[t s'~l1LIC~ LL] i4f SQC~1 r3nLICG sir~il i:~~Caso rya din':igar~~n ~` f~i<f~it3t}f o~ ary kind E~pcn ti~~ ~~npaRy, Its ~gerl:s ar r e~rwSdnt~z'i~E1ld" ShSif Iny Gi'E7'SScCf OLIL+QS It;G1C~i.dCp Oii tE`~~ c'~it2C-h~{~ °~`~uR`~Q:B ui Ins~RU~ ~EiZ's31G:.Ly''. irt5r~ ~i G~ Cat L£~IQa 1 S~R`~',S:@. h~~~ r~`"~'#~av'~ - ~S - PRnDUC~R (56I~776-9DflI. FAX (56I)4~7-673G ~ Coll~inst>rartf~, Alter, ~amE~ert, Inc. 23 E anfuskee Street 5 THtSGERT~FICATf=1SISSUEDASA~dfATTEROFI~."-"-t~R~fATIOf~ F?t~L`~A~tRCOh~FERSh~C~R4dtia5llFOPdTHEGERT~FfGRiE HDf_L~EF2. THIS GERTfFICATE GOES NdT A~iEMf~, E~TEhIII OR ALTEF: THE COEIER,4GE AFFC3RDEf~ f3Y T HE pOLfGfES SE~04fd. Suite Ib2 7upi ter, f=€. 33477 1f~5UREF:S AEFORpIP~d COVERAGE P~AIC # €~SU~sD €~utting Engineers of F'~arida, Ine. l l€asuRERA: Amerisure l~L~tua1 Tns C:r~ W ~'r`Ld~.iini~ ~nV~IE'C3C6lTIC.Rtal OF Fiar-[tia, IYEC. II~SURFR6; ,!([73"cC"~ISCdr2 ~flsL[1'aC3Ge CC} ~.~~D f~~E3'~ESF3E El~~V~ INaURERCI Boyntc~ra Bead, FE. 33426 Ir~suReRD~ ~:nv~#z~r;~~ T iiE POLICIES OE I!~SL)RANCE LfSTE© BEI_ON+ HAVE BEEN ISSUED TD THE INSURED NA)JIEDABC?VE FpR THE POLFGY PERIOE] il4'aICATEQ. PJOTVJ[THSTAEdDING ,".NY REC)UIREMENT, TERI/f CSR CDNl71TlON OF Afv`Y C4NTRAGT OR OTHER DOCUMENT 1h~ITH F2ESPECT TO SA+HfCH THIS DERTIFICA T E IL>L4Y EE ISSUER DR M?,Y PERTAIN, THE INSIJRANGE AFFDftE~E© EYTHE POLICIES DESGRIBEQ HEREIN ES SU6.3ECT TC3 ALL THE TERMS, EXGLUSEC}NS AN[J GONDiTION5 GF SUCEi ROLICfES. AGGREGA T E LiIV!#TS St?OWN (VERY HAVc BEEN REDL#GEQ 8Y ~AED CLAIMS, INSR ADD' ~, 7YP,'= pF €k5U3tANCE POLICY NUf,;;BER POLICY E'rFECTIVE T ,~ 1 POi.1CY cXl'1RgTCpN rrvl _ L EMITS __ GENERAL LIA 81Lli7 GL2C3I&7J.8Q1, ~I./~~/z~~~ CM I.~D ~/~dTEg EAGH~DCCURREn`CE 5 ~,~~'7 (I(Ijj ~ GOFJ~fJiERC1AL GEhiERkt LIABILITY DAI~M1.R ~c~0 RCNTEO rp} ~(~ (~{~}~ 5 CLF,I#J5 NADE ~ OCGJR MER EXP {Aroy one person) 5 ~ r ~~~ Ik X XCt€ & C~3`~'TRACTIJAL aeRSOnIAL ~ ADV In€JURr ~ s ~. ~ ADD f {If)D X BF FRDP €!7t[>3 IfVCL cENE-RALMGGREGFiF ~ s 2,f~Dfl,DQQ GEIJ'L ACy:sR ECxATF_ Lil,iiT APPLIeS PER; ~ PRDp;JCTS - COh4PlOF' AGG 5 ~ , Q(}~ ~ ©(}~' PDLICY X JECDT COC AUT p A4OB]L.E U4AHEL[TY CAI-~~7~5~ - O~/CD I./~~Q~ t?I-/~1/Z~Id Gai~6tN cp SINGLE LIEJIT AIiY AUTO (Ea accideni) 5 ~ r Q~~ x ~~~ X fiLL OVdNEO AUTOS BODILY IN,iURY SC'riEDULED AUTOS iPer pArsar} 5 X HIriED AIiTOS $43DILY ilt.[URY ~.' NON-OVdNErJAUTgS (Peraccideni) ~ PROPERTY GAfJ.AGE (Per accidenlJ 5 cAP~`.RE L€a61LETY AUTO a1tiLY - EA ACCk'JENT S ANY kUTC DTHER THAN Efi ACC S AUTD DNLY: AGG $ E%C>:55fliEdEBRELLALiABILITY_ CU2f3417Zt3 ~I/Q1/Zf)~9 E}I.~~Z~ZdYQ .:.AC3~i~pCCURRkNCE ~ S $,~(j{I~{}(}~ Yi OCCUR ~Gi.AlA95FAAPE AGGREGATE S Slf3ttD,D€~D ~5 DEDUC T tBLE ) 5 RE7ENTION~ 5 ~ S Wni2KERS DE7lJPEfr'SATION AND ~C~©17#75 /~f1f3$ 07/Dl f}7/~1/2~09 X v.c s~Ar7- pTH- . EEwPPLOYERS' I.IASILIIY ANY PROPRIETDRfPARTNERrXEGUT!VE E,L~ EACH ACCiDsNT 5 1 , p{j{q ~ {)(j fl ai"r'ICERfhAEIJ~BEft E%GLlJ0 ED7 c EL. D15EASv - EA EthPLGYE.. $ I,., {~(}() [j(j(} K yes, descrihe under 5°EGi;,L P32DV?Sf6N5 beEow ~ E.L. DISEAS=_ • POLICY LIfJ~I"f $ 1 , 0{}{} ~ QQ~ oTlaeR cP~1lsc~z.~. o1/a~1~~~~ cox/ozfzoxo ~436 (?D4 cheduled Equip#~ent r A ~~,500 ~7eductible €]EBCRti'Tkfl ht OF C7PERA T IDI+€6 ! LDCA E IDiSS 1 VEHICLES 1 EXCLV61ghS ADDED 3Y E.NOG RSE:i~ENT t SP EGIAL PRAVt510 N5 it}~ of f7elray BeacE~ is named as additianal insur°ad fr?r general liability as required per ~r~~teli osrttract. f7elray (~E'8e~35 C~t~ Q@- 1€~Q N.~. ~.St AveStuc' €7elray Bead, F~ 3344 SHDULF3 ANY OF THE ABpVE pESGRIBEt7 PiaL1CEES SE CANCI=LLED 6l=FORE THE e XPIRATIOC! DATE TH ER=O~, TkE i$SUING IN'SCfREfi L1~iLL EN?Dc^AVOR TO M.4i[, 3 ~ OAYS 1rYftiTTEN NOTICE TO T'HE C ER71FiCAi£ HOL-ER NAME+3 TD THE LCI:i, BU7 FAILU]ZE TO MAIL SUGH NOTICE SHALL IR4PDSE ND D3LIGATIGN pR LLARiLiTY OF AFh'PM1 KJ7'D UPON THc f~76URER, ITS A€3 cNT5 aR REP RESSNTAT#V65, Acd~z~a a~ t2aazrns} l 1 t 4 ©.~~~R~ CQRf~ORAT~O~! ~saa ~~~~~~ If the certifiUste ~©Ider is an ADDiTIL~t~AI~ If~SI.~RED, the ©oiiey(ies) must ~e endorsed. A statement an this ceE ~iFicate does not confer rights tQ the cer~i irate holder in iieu of such endorsement{s). If 8;.1CRdGATfO(~ IS WAIVED, subject fa the terms and conditions of the policy, certain policies may recuir e an endorsement. A stater;-~ert an il,3is cer`ifteate does not confer rights to the certifcate hflider in lieu ~.f such endorsement{s). E71SG~A[~IE~ The Certificate of Insurance on tl~e reverse side of this forn~ does not constitute a cor~tract'r3et~~een the issuing insurer{s), auth.arized represeniatfue or producer, and the c~rtiTicate holder, nnr does it a;firrrtatiuely or negative€y amend, extend or slier the coverage afiarded by the policies listed thereon. l~G~f~t7 ~5 (2(}~il~Sy `" ~ ~D ~id5 ~X w c'^`.rERC:. E711}i C.'; t~l`4~cil u~ C~;~ V~!~~~C `ti%cFi~+J Sil~iTiliS c GQtilii~'CiDil lfd#`C~ ti If.~ci-iiile,a} ' IS%, ; s 3.., v~ ~ ~ rr.,"--Gv 4{i'GI'~~'F~ D , c~~,`~i„~.fG~ 1~,~~>`T `~~GL',~El liv4{ r~€d'~-~op~S~i ~.t~I-G~I~rI?;~ i~, y~ 1~3uJu~ ~. '~i~~ li .~ ! i v € L~~.~J~~ a=~Gfi~ia a~~~~!~ic5- i ;, ti; <UG~-`<fGc'F~t~'i<~?:~C~ ~r.iciwCi~c 3~ ara,,~~ilcd ~5 iD~~C1+V ~: t I~>=}'~ I lvr~:}- ~I~.. ~iL',~; JCc1i;i?I?C= 5i~~,;} I?Q ~i'~DTl 4 ~USS€G~S~~S '~+`.~:'~; W-!~L7-~T~c l~r~'ilil7!~.r, 1;~:fs~CSC`Gi~ZS. 'E~1filEfiVci" ~~irf~.s ~7C 1ilQ'D Ji~S ><~~j;~C;'1 ~G, G~US~ i}d1iR ~S~WGi (3 ~~iCC, ~U=~I1V, ~i1C~ ca - ~ cO b,! `i, C~=-`Q dr ~~ isV { =GISLiC~~ GU%dQ`slftS4CS? iOi ~}:~ ~~GC'<.1CEt'P.WCi! Os .CGC~T"iFTl'QL~i1W5 ~7f CCCi'Tr'~CL^} ~u1~'~IGES, 4 ~ILl i~CQIIFv~ 5€7~ r'3 ~7LiS'itcSS L~1nS':-;rl`ii~cS illS~ I~':'RS Ill-iG~~ri"~u3'f~~ ~ Eifi~~-°l~~c 1~irCi-~,~ri~R? ~fUiys~i"i3 S~cz~~ 1~c CS1~ci3 ~=;c~1 W'i1CK ifl `R° alFti~r~ '~1"DC°SS. ~5~2b'ii5~`3E>a ~CCQ~C'll1`US i0f I~f`d=n,~SiRg LIB ~-'E?S'~~1if} G~ ~0~~~+~`v'a~ t~ i3Ql~~ ~s ~E ZQ~ VE1+~s~i'~ ~1a~G ~ ~I"t1f~-i~~ ht~!~~iu~r3Gc Qi'D~f`Si~. r~5 SF3~ ~c~QR ~UiJ1UIl%G[7'D ~Ss~t urliQ SE,~Q~['lE3'L3 ~ C~i?i~` i~i,~t Li !G iii-I"i~ -~Gil,a~?~S iU~f~ ~h"IL}l iE?:. ~G~jtJ"cke~Rt",_.t ~~~~r.~11 ~fr":cfi ~: ;~ ~~~!& -1~ ~L'~1:5}~WS ~ SiniD(Ii"'Ri f:vi,~;`ER~ ~?~i~~G~C=~ ~'=~- u`?r! s.~ftinb``~?:} i~STl=iss..iEa~~vr .~ C11S~3~Ui~GRr U}S~uI1S!f1~, ~`idS6uSS4C'f'1, of LSB iGi r~ CGi~lil"G'~}E(~e sU~Slnii!s~ ;S ~'lfuj'tl~iv~ 's f1 ~G n 3 i ^" T ~ '"T°-d S GPI' S~.:~..il ti~~l~-~~au~ ~~r~ ~~-c€~i#t~ ~i i~ ~~~i~~s ~~=a t~t~i~I ~e ~~C ;~ a~~ rise ~rtl~.cy~~~ i~r vioE~ r ~i~i,l~f%Q{l, .. ~~ ! rIS fEi iil lRfDsl IrS c[71C3?G~tS ~Gu~U'~ ~7E tlnClc'~.D€~ ~Sf ~F~~~ ~~'11SG 3R iRD'+~r~f~:;~fuCE, tha ~'~'SI{lw4S~S j7C}l+~l i;'i Ci'rw€t''f~1'Iil?g ~ C}i!I~-~I'M.8 1~r'Gf;~i~Jta~r', a;~yr H11Gf}~(~w Gf7-1~ C[}t;T35~~~RC~, t~iT&G}(~[i~f{Cf7, S;"~~ c;fiF3}d~Ec'~ ~SSI~P~,#1Cu ~`+ICQ1-,~CTiS S!"G{ iu 1;~fi~iii~S L~i~Tr€-[~u`~ ~c s':i":~StC~ L~C37 ~I€'e~~Li~G~'U'.7 il~'~L; j~~ GUGC'3 ~~~~GLI~#~!S- ~1 ~~€!5 €stifl ~¢U~o c~Gll E~~i{~jlc~ uCi~~~?t~ 11"1 ~CG1'I~iil~ LIf~ Cai?1Sii6{lsLi°S DT ~C7R~!"~>~:!~c~~ 5~1~/IGES r}7~l QC~ 1~ i~°1" uIC~ ~ CG7Gj7 01 ~is~'' ~i~T~R'r+:r`l~ SI?c::I~BC~ !ft SL}.35°C,L}C1fi ~~~- ^~ iT1 i~"~ 5i~t:il;wfli 5' wC? iD~ k>l SL1z~5cCtl~i1 ~~},'x!115 it3iil it©~CifBS ~i Q C{~L,C~'QwS ~?1µ~~ ~6 C,~RC13?1D#1 C3i \'4~3fICii1L7 G;'I %il° GQfi"1fCNJ{~;ilcS Of Cr',3l1Lt?GFUi~~ SEiV1GES Xi~~t c'a:"C' 41fI~Qf~~, iilB cCl'i~iU~~E tr,l1~~ ^~~#4s~ ~~ If':G ~°fTT7S Di I~1~ 5t:~.cl~Ri~1i at?d U~'i~;~^~lGI~`;/ G~j {1~ ~wf C€;5 D~ ii?@ S~.ctcCTlEi'aL aflf]' ,rJ?~~ [1d~li~ Ls'~G 81"R:C~G~~~i DF 6ir~ CCf}ViCi]UR QT} Qif ~''.~a f]F ~E1fIi~ df frtQ~D GO RTEl1~E, °'>;C, ~G€~. tfiD{~Ti{]Il D~ G c~LEI` 8~~ Qf s3T u~R~ GOiIiCG}1gr,~ S'_i~~i.3RGG ~~\'V GT ~RD ~I'liv~] ~tcQ%cS >?i 5fiy n53i~, TDi" ~ Vidi,ii3Gf1 DCGUfI`fil~ LR T,.f12't~irGl"K€7~3CU' (;D i~icl' I}?Sil Ti'Sc'~ ti~J Gr,~5 ~ii:Df SL;C~1 CB{1lrIG?tQfl. ~~ I }115 Fif#"fl !~]€7GSc& ~ 8~?',C~DT il€1 Ds" fECYLiIf~ `fly' ~3s~.l5iwC~GF'~ ~3fT~1f}3i2sfC1i1 ER ~ d~4Ci u~'i?1S@ ?~a{SscCiG~ DC fwi1~~I~EinfiGfl ~rQ~T~RI !T StlGf1 i5 ;aV~fl@~fw !fT ~11D eC11T~I[~)rcC'S CDI?"~iiC:ill~, ~~ ;1~~ ~I_:~S(aj'~~ ~~~ha Is ~a ~ol;vlcted. ~~ ! [ll~ 'E{'CfT list[[} CC3C?~~;1LfD i.~ ~~I4~ r~ ~[}DC~ 3"a~LI7 ~IiGf~ ~.O I'r`;~I.iilalR S, eil"l.[~-iT'Ec ~!~'Ji1C~IDQ~ ifafCtl~il 4i7lD~E!T1Ef1~~laR Di iilt5 S~GLfRFI. ~~1~Tu~~ira EnS ~ne~,: ~ 'da, once ~g~r~4i-1f l ~ .. ~ ~ F ~ ~ ~ ~ i i of Fforida inc. ~ Fstabiished 1967 pC9~i9' P~c~je~i A~ v~r i~n~f~lk'~?E°Y9i 13~®fVe~t~r~e rive ~~~eairsa~ Beach, Flgrida 33426 56~-736-4900 ~'~i! Free: $77-rdti°rT'fP4G (6~8-464) Fax:561-737-997 Broward 954-941-8700 St. Lucie 772-408-1050 Miami-Bade 305-557-3083 ~rvvv~a e°~a~~f bs~~ea~~7g~s~:e~s.~a~aas cu ~:~ May 11, 2009 Exhibit "A" ~~ ~ City of Delray Beach ~ 434 South Swinton Avenue ~' Delray Beach, Florida 33444 ~. Attn: Rafael Ballestero, Deputy Director of Construction ° Cell: 561.243.72971Engineering Department: 561.243.73201f=ax: 561.243.7060 Email: balfestera@ci.delray-beach.fl.us ~,~ ~ Re: Construction Material Testing Services Prnpasal/Agreement a Area 11 A Reclaimed Water System Contract Na. 3, Project No. 2008-048.3 ~_ Defray Beach, Florida s:. -~s Dear Mr. Ballestero: ~ Submit#ed herein is Nutting Engineers of Florida, Inc. (NE} proposallagreement for performing ~. °.~ testing of construction materials at the referenced project. ~, °~:i Pr~aject ®escriptlon We understand that the project consists of the installation of a new reclaim water line ~ located west of A1A between Beach Drive and Lowery Street. The installation will utilize directional drilling and open cut construction. ~~ `%' Based on our understanding of the proposed construction, below in our scope of work and fee ~.~ schedule. Scotae of U1lortc and Fee Schedule Perform density testing using nucfear gauge for roadway, °~~ ~ subgrade and base course and utility backfifl 600 tests x $22.00/test $13,200.00 c~ ~ Laboratory moisture density proctor test 6 tests x $85.OOltest $510.00 ~ Limerock bearing ratio (LBR} test ~ 1 test x X225.00/test $225.00 .~ ~.a Sail cfassifiaatian (sieve analysis} 6 tests x $60.00/test $300.00 ~3FFICES Palm Beach IVliami-aac~e St. Ltac~ie Percent passing #20D sieve (wash sieve} 6 tests x $50.OOltest $3Q0.00 Perform concrete testing including casting four or five cylinders per set, slump test, temperature, curing, compression tests and reporting 3 sets x $60.00/set $180.00 Senior level field technician stand-by if required during road closures 20 hours x $40.00/hour $800.00 Professional engineer for overview, consultation, site visits, review and reporting 1 d hours x $95.OOlhour $950.00 Total Not To Exceed $16,465.00 UVe will perform testing services as requested by the City of Delray Beach. You will be charged only for tests and inspections performed. For time aver 8 hours on a normal work week day and on weekends the unit rates wi11 be increased by 1.50. Respectfully Submitted, NUTT'lNG ENGI ERS ®F l*LQRIDA, iNC. ~~~ Richard C. ohlfarth, P.E. #50858 Director of Engineering cc. Fritz Mackey -Construction Services, Scott Ersland City of Delray Area 1 to Reclaimed Water Sys Contract 3 prop/fm/jc _ ~ - ~ - R~ i ,~._~ > ~ of Florida Inc.' Established 1967 ~ (s~ ~ ~~~~° E~,~~ AREA 11 A RECLAIMED WATER ~A~:o4/~'~/loos d ENVfR®fVMENTAE. SERVIC~~ ®EPARTM~fVT SYSTEM CONTRACT ~ ~"~"``""~ Fr Opp 434 60llThi SVVIE~fl"4N aV~NUE, ©B~tAY BEACH, P CYFq~A 33444 2008-048.3 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, P.E. Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MAY 19, 2009 AMENDMENT N0.2 TO THE VENDOR AGREEMENT/ERDMAN ANTHONY & ASSOCIATES ITEM BEFORE COMMISSION This item is before the Commission to approve/authorize the Mayor to execute Amendment #2 to the Vendor Agreement with Erdman Anthony and Associates, Inc. for the construction administration services of the mast arm signals at the intersection of SW 2nd Avenue and W Atlantic Avenue Project #2008-39. The cost for these services is $2,400.00 and will be paid for by the CRA. BACKGROUND As part of the tri-party agreement between the City, Library and County, the City was responsible for the construction of the permanent signalization at the intersection of SW 2nd Avenue and Atlantic Avenue. The County and CRA contributed funds towards construction and design of the permanent installation. Erdman Anthony was asked to submit a proposal for the design of the trombone mast arm signals at SW 2nd Avenue and Atlantic Avenue because of the similar work completed along Atlantic Avenue. Upon completion of the design, Erdman Anthony submitted Amendment #1 to provide shop drawing review, response to requests for information, construction observation, and permit closeout of the Mast Arm and Electrical Components of the project, while City would do the Roadway/Civil elements of the project. Amendment #2 provides for construction administration activities including periodic pay application review for items covered in the previous amendment, quantity verification, and material certification and testing document review. These items were inadvertently excluded from the previous amendment to this agreement. FUNDING SOURCE Funding will be available in account #334-3162-541-65.88, as provided by the CRA. RECOMMENDATION Staff recommends approval. C'ITE' ®ili I~ELRA~' ll3EACI~ C®l~1SIJLTi1lG SER.VTCE AL'TI-I®RIZA'I'I®1~ AI~EhIi)~IEI~r~' I~®. 2 I. PIS®JECT DESC`RIPTI~I~T This Amendment No. 2 provides for additional construction administration services during the estimated six {6} month construction time frame, and shall become part of the Agreement dated February 20, 200$ between the parties and that all of the terms and conditions contained in that Agreement, which are not amended by this Amendment No. 2, shall govern. The project limits are as follows: Intersection of SW 2'~a Avenue and SR 806/West Atlantic Avenue. II. SC®PE ®1F SERVICES I'Yaase V -Canstr~xcttan Adml~~strataaaa Phase ._ as - e~-~o~c _ av A~~licati „ns ,,,,,,~.. , _ ®,, aid ~uantitV Verificatkar~ Consultant shall perform periodic field observations and ~x~easurements with representatives of the City, and Contractor, as requested to verify quantities of installed electrical/signalization items spawn in the tabulation of quantities on sheet 2 of the construction plans. City shall perform field observations and measurements to verify quantities of installed civil/roadway items and approve all pay requests submitted by the contractor. Task L7 ~-~- I~ac~rae~at I~evteva~ far I~'llaterial Certification at~d 'I`est>n Consultant shall review document submittals for material certification and. testing in compliance with the plans and specifications. Document review shall be limited to electrical/signal items including; Concrete Mix Design, Cross-Hole Sonic Logging (CSL} Test Reports, Directional Bore Path Report, Drill Shaft Installation Plan and Reinforcing Steel. Material Certifcation. ASSI.TIVIP'I'I~l~S Work described herein is based upon the assumptions listed below. If conditions differ from those assuzxzed in a manner that will affect schedule of Scope of Worlc, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in caxnpletion schedule or compensation to Consultant will be negotiated with City. Services to be provided by the City and other related key assumptions include: 1. City shall provide construction inspection services as needed. Consultant shall coazdinate periodic inspections for electricallsignalizatian items only. 2. City shall review and approve Contractor Pay Requests. Consultant shall perform periodic field observations and traeasurements as needed to verify quantities of installed electrical/signalization items on3y. III. TIl1!X~ ®~" PER1F`®~IAI~TCE The estimated completion dates for this work will be as follows {starting at written notice-to-proceed}. Engineering Services Phase V - Constt~ction ~V. C®iVIPEN~AT>6®N Time per Phase Cuzx~ulative Time 6 months 6 months The compensation for services provided shad be billed nn an hourly basis plus reiirbursable expenses for each phase of work, up to the following ~~ot to exceed cost for each phase. En in~~ Services Estimated 1~'ees Phase V -Construction Phase ~ 2,400.00 Out-of=Pocket Expenses $ 0.00 Total Project Cost $ 2,400.00 IlFotcs: (1) Out-gf.l'ocketExpen~es include the following: printing/reproduction undpostage. K:(Business-Develnpmer~tlProg~osalstDelray BeachlWest 2nd Ave SignallWest 2nd Ave - SR806 Signal A~aendment 2.doc This service authorization is approved continge~~t upon the City's acceptance of and. satisfaction witri the cornpietion of the services rendered in the previous phase or as encompassed by the previous service authorizations. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DEI.,RAY BEACH: Date Mayor CONSULTANT: Erdman Anthony Date ~~ .~ a I3y: Attest: Approved as to Lel;al Sufficiency and Form Witness ~-\~ Attest: ~ ''~ ~ ~~~ ~~ BEFORE ME, the fore oing instrument, this ~ day of ~_, 2C~ ,was ,~ aclcnowled~ed by ~~~~5 ~- i ~3`t on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this ~ ~"t ~- day of 'Yt ~ , 200 Notary Public State of Florida My Commission Expires: ~, "~, ~a~~y, pGS~i xe ar riond~ . ~. ~i+x~h~Ply ~ Fl~ath `~ ,, ~ Ply Gr~rnml~sfarr IJfJ7~9p05 ~e~r¢~ x~irrx~p~/i31201~ `~~ ESTIMATE OF WORK EFFORT - SIGNALIZATION K:\Business-Development\Proposals\Delray Beach\West 2nd Ave Signal\[SR 806 @ SW 2nd Ave Const Admin Services. Name of Project: SR/806/W. Atlantic Ave. @ SW 2nd Ave Signal Replacement Consultant Name: Construction Administration Services Consultant No.: Date: Estimator: Phase No. Task Description Principal Senior PE Professional Engineer Inspector/ CEI Designer/ CADD Tech Clerical $160.00 $140.00 $115.00 $100.00 $85.00 $50.00 0 Construction Administration Services 00000 OI Task 1.6 -Verify Quantities for Payment 000 16 0 OI Task 1.7 -Document Review for Certifications ~~~®~ ~I 0 Subtotal 000 24 0 0 OI ~~~~~ ~I ~~~~~ ~I ~~~~~ 0 Subtotal 00000 0 ~I Total Staff Hours ~ ~ ~ 24 ~ 0 ~I 0 Total Staff Cost $0.00 $0.00 $0.00 $2,400.00 $0.00 $0.00 $0.00 SR 806 @ SW 2nd Ave Const Admin Services rev hours estimate.xls Fee Sheet -Prime Page 1 of 1 Anthony__of Florida, Inc. (hereinafter called VEND®R)- VVITNESSETH: The CITY and the VEND®R in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: ~o~REEI~ENT D®cttr~ENT ds) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Service Authorization ~ Schedule Pricing E3reakdown I~~~E Nun~~ERs ~ -~. 5 7-9 1 d-11 12-1 C 17 Addenda numbers to inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: James F. Noth. PE. PSM Vice President Erdman Anthan of Florida Inc. 1402 Royal Palm Beach Blvd., Bldg. 500 Ro of Pafm Beach FL 33411 7. The VEND®R shall not, without prior written consent ofi the CITY, assign any portion ofi its interest under this Agreement and, specifically, the i/END®R shalt not assign any moneys due or to become due without the prior written consent of the CITY, 8. The CITY and the IiENDCDR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. The 1/END®R shall indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, Fosses and casts 2 received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY, recklessness or intentional wrongful misconduct of the VEN®®R and any persons employed or utilized by the VEN®®~. in the perFormance of this Agreement. VENI3OR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VEN®CR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any - Federal, State, County or City laws, by-fawn, ordinances or regulations by the VEN®OR, its agents, servants or employees. VEN®OR further agrees to indemnify and save harmless the CITY from all such claims and fees, and from any and all suits andlor damages or claims that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The VEN®®R will pay the CITY's reasonable Attorney's fees if the VEN®®R is found negligent in an action requiring defense by the CITY. 10. This Agreement shall be considered null and void unless signed by both the VEN®®R and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY ar~d the VEN®®~ and may only be altered, amended or repeated by a duly executed written instrument. 3 [N ~llTfdES51~VFiERE®1=, the parties hereto have executed this Agreement, the day and year #irst above written. AT T: CIT.. °~F~ RAY BEACH, I~ORIDA y: City Clerk ~ ~ I ~ a ~ ~ :Mayor A~roved as to form: City Attorney iT[ SS Fr=~~ ~ '~_~~ -rte ~ {please type or print name} (please type or print name) VENDOR: By: (p[e e t r print name) C®RIP®RATE A.~KN®V!(LE®GMENT STATE OF ~ `;g COUNTY OF 1 ~4 The foregoing instrument was acknowledged before me this ~ day of ' ~ , 2D by ,'~ "~~.- -.~~-._----(name of officer ~..,..- . or agent, title of officer or agent}, of ~ ~,~~ ~ , ~~,~J ~~„' ~ (state or place of incorporation) corporation, on behalf of the corporation. Nef~e is (personally known to me} ( ) and has used hislher type of identification) as identification. P Si ture of Pe on Taking Ack wledgment Name of Acknowledger Typed, Printed or Stamped CERTiFlCATE STATE OF F1_QRIDA COUNTY OF Palm Beach (If Corporation) SS f NERE~"Y CEFtTiFY that a meeting of the Board of Directors of Erdman Anthony of Florida, [nc., a corporation under the laws of the State of Florida held nn February 1, 2008, the following resolution was duly passed and adopted: "RES®LVE®", that James F. Moth, as Vice President of the corporation, he is hereby authorized #o execute the Agreement da#ed February 1, 2008, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corpora#e seal affixed, shall be the official act and deed of this corporation". I further cerkify that said resolution is now in full force and effect. ~N ~IITNESS V~HERE~F, I have hereunto set my hand and affixed the official seal of the corporation this day of ~~- 2008. ( e retary) (Seal) s INBl1RAl\€CE: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain In force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY {or for such duration as it otherwise specified hereinafter), the following Insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT`S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. - 2. Comprehensive Generai Liability with minimum limits of one million dollars ($1,000,000.00} per occurrence combined single limit for Bodily Injury i-.iability and Property Damage Liability. Coverage must be afforded on a form o more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than lS0 Endorsement GL 21 Ofi (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed- by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations -CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300;000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 4. Professional Liability insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Ran e L'emit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 -Above 1,000,000 Coverage shall be afforded on a farm acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used far any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the fnregning Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30} days notice of cancellation andlor restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragr=aphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon reques#, the CONSULTANT shall provide copies of all other insurance policies. 5. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. Far Native of Cancellation andbr Restriction; the policies must be endorsed to provide the CITY with thirty X30) days notice of cancellation andlor restriction. 7. The COf~SULTANT'S insurance, includirtc~ that applicable to the CITY as an Additfanal Insured, shaft apply on a primary basis. tl,~ru ~~ Y ~~ ~~ ~&.~ z>AretMMraorrvrrl C171f15tf17 ' PR(3i7LFCER TH15 CEF~TIFtCATE IS tSSUEb A5 A NtATTEt~ OF €I~FORMATIQN ,:~s,9ncoast tt35Urance ASSpeiattrs ONLY Af~D COYF'i=R3 NO RIQN"fS UPCJA~ Tt~1= Cf:RTIFfGATE J, SOX 226fi8 HOLDER. THIS CERTIFICATE Dt3E5 NOT AI1rEND, IwX7ENt1 (3R ALT ER THE CQ~IERAGE AFFQRI:SED BY THE POLICIES EiELD1N, i"arrrpa, FL 33622-Z6fi8 s~ 3 zss-52on INSURED I~ISURE~rs AFFORDING CC3~ERAGI: NAIC # INSUIa~RA: United States Fic#etity & Guaranty 25887 INS11RE~s: 5t. Pauf Fire & 1Narine Insurance Co 247f7 frd3uRER c XL Specialty tnsLlrance Company 137885 INSUF~r~R o~ Iridel'tty & Guaranty Ins Underwriters 25879 4NSUHER ~: .-..~.. ........_.-..._.. i COVERAGES THE PQLIGiES OF INSUF:RNCE LiSTl=4 6CLOW t{AV~ BEEN 1SSURB TO TWE EI+SSURECS R{f~UEU ABL]VE FOSP THE POLICY PcRIQO tSdDICP,TED. i`IaN,f',THSTANC3iNG ANY REt,3LiIREMEf+IT. TERPA 6R CfJNCIITiON OF ANY CONTI2AC i OR OTHER GCJCUMENT WITH f2ESPECT TO WN€CH THIS CEF2TIFICATE MAY 3E lSSi~E© fJR MAY PERTAIN, THE lNSURANCC kFF(?Rf7EG EY THE POLICIES 6E:5CRIBEi7 HEREIN 15 5L1(3JEC'f TC ALL THE T°ERMS, EXGLUSI:JNS ANI7 CONpITIONS OF SUCH POLICIES. AGGREGATE LIMITS S:-EOWN NlAY HftVE CiEEN REr7UCED t3Y RA[t] CLAIMS. tNSR LTR 4O'L NSR S TYPEOF1flSURANCE- - _ - - - f~ POLICY NUMBER ~ POLICY EFFECTIVE f]A'CE MM#D!7 P6L[CV EXPIRATION pAT~ MM! C3fY1" LEMfiS ,A, }} I GENERRLLIRBtf.ITY 1 gQt';gt~6 ~`'~©71817 ~ EACHOCCURREtvCE _ 5 i c~v~ ~~Q €( ~~. COMMERGIALGENERALL€AI3€LITY ~ r rJAt.AAG~TbRENTED PR_MI ~ l;=a c,c a re e Sab~pl)~ ~ GLA[.MS MA©E ~ QCCJR ~ ~4fiEq EXP {Ary onB person; $'~ {}x(IQE'~ _____~_.. ~ FE'#ZSONAL & AC7V INJURY ,.. . ~s11ffO0 ©~O s NERRLAGGRCGATE . i GE . $~.~(}Q Q~j~'D N'L AGGREGATE LINT ARFLlES RER; ~-E~ C i PRODUCTS - COrvIPlOP AGG ] $2 ~}©{} ~I3Q } I ppL{CY ' JECT 3 Lt7C E ~ ; Ai1T - l3i;IOBSLELIAl3iLITY ~ ~otlota6 l~rlflttl7 L74ASINE[3 S€NCnLE L1?A€T 3 ; I ~ ~ ~ ANY AUTO € k ~ (Ea accid~nl} S7 ~©~ ~QO r r 1 ? ALL OWNED AUTCS I [ € - 90E31LY fNJUf2Y ~ _ SCHEOVLEO RfJTL7S ~ (Per persanj 5 X HIRcD RUTOS j Y tNJUF:Y Bqp€€ .. E x NF7N-64NNE.1]AIiT05 1i 1 . (Perzcclden,; S I! PRUPERTY D4NiAGE spar sacidanZ) 5 ~ GARAGE LIABfLITY AUTO ONLY " EA~ACCI>7ENT 5 ANY AUTO t3TNcR THAN ER ACC g ~ AtJTC (JNLY: AGC, iF J I { ~ EXCE551US!#9RELLA LIABILITY '----- EACW OCCURRENCE $ » ~..~ 1 I I III OGGUR CLAI;AS MAL}P ] ~ AGGREGATE ___._, . S ._.______. I ~ ~ 5 r OEt7UCT1BLE 5 RETENTEON S I ~ $ B WORKERS COINPENSATION AND ~~}~ ~~{)i"j ~~~~ g7Q~ 1 3( rWC 9TA7'U- ©TH- ~ ' ;=PIIPLOYERS'LIARI LITY Y ~'RQPAIETORlPAF~ThERlEXGUTIV= ' E.L.EAC,HAt^CtDE€~fT "`""'"" s1,17(IQ,ttO~ i AN 6PFECcR1MEM13EREXCI,UbED'7 ~ I i E,L, DISEASE-EAENIf'LgYEE -'"~"~' ~1,pi}p,€~UD s ~ If ya5, describe under SPRCIkLPROVIB#aNSbelaw E.L,DISEASE-POLICYLIhh1T .~1,0a4,€104 C OTHER Iryrp{G'&SlOnai i i 1 07113177 j f}~t~'~Y~$ ~'t,~~Q,O~}d PEE' Ct21ti"i Liabllifiy ~ 1 ! ~ $2,OOO,D00 annl agr, 6ESCRIPTICSN OF OPERATt(7N5 ! L4CAT€C5N$ T Vi~HICC.1r5 F EXCLUS{L3N5 ADAECi EsY ~NQt3R5Ef~1ENT ! SPEGIA€. PFtOVI51pNS L3213[11#ry 15 WS'it~~n On ~ CIa19?iS RT~CIe; anCl 1'€rpOF-t@£i iIaSIS. l I~rR~a~35idT~~ CC s i~~e 47 ~i ~reral Gl1~1[r~vCE ln~ VI~In~L; i`slif E,~ ~S?'4/j {a~S. CERTIFICATE HpLU~K E:Afk€l:?=LLAI IUi~3 3 5HnULp ANY £1P THE AQOVE pc9CRf5E(7 POLICIES Bc GANCELLED HEFORE THE EX{'lF2ATIOM City flF Lletray Beactl DATE THEFiECF, THE tSSU1NG 1^ISURER WILL ENpEAVflR TO AnAIL ,__~~___ CJAY5 WRITTEN ~R3A~ ~4Gtt€ Sv/Intran Avenue NOTICE TO THE CERrIFtCATE HOLt3ER NAMET7 70 TH6 LEFT, 8UT FAILURE 70 AO SO SHALL ~,.,- Relray Beach, fit,. ~3~~4 IMWOSF NO OaLSGATiON OR LIABILSTY OF ANV KINp U?ON TEiE IN5Ur~ER, ITS AGENTS OR AEA"' ORIZEB REP4E5ENTATiVE f}~1.,e~.a.~ Q.COF~D 25 (2aa111aej 1 pf 2 #51~63971fVI14Fs993 ~J~Id Q AGC~RD C~SRIs©RATIOIV 1988 If the certificate holder is an ArJt~fTIONAi_ INSUF~~C~; the palicy(ies) n'susi be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s;. If SUBRUGATiON IS WAlVBI?, subject to the terms and candifions of the policy, certain policies may require an endorsement. A staternertt on this certificate does eat c~anfer rights to the certificate ha'der in lieu of such endarserrcpnt(s}, ~35CLAItt?fER The Certifcate ofi Insurance on the reverse site of this farm does not constitute a contract t;etween _- thte issuing insurer(s), authorized representstive or producer, and the certificate holder, ear does it aff"irrr~atively cr negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC~ii~ 25-5 {ao(S4?~~} 2 of 2 #5146937t~l946993 CITE ®F DEL,FtA~' 1~EACII COIlTSLTI[.'1'~NG ~ERVICE~ AUTIT®~IZ~iTi®N I. PR®~ECT I}ESCRIPTI®t~ The scope of this Servies Authorization is, but not limited to providing geatechnical services, survey services, final design, perx~.ittirzg, and bidding services for the proposed yeast arm traffic signal at West 2"d Avenue and SR S06/West Atlantic Avenue. The project limits are as follows: ~ Intersection of West 2"d Avenue and SR 406/West Atlantic Avenue. I~. SCOPE E)1F` SlC1~VICE~ _ Prase I °Studv and Rep©r't Phase Not Applicable. Phase ~~ °Preliminar~ Design Phase Not Applicable Phase III-Final Design Phase 1. Consultant shall provide final design phase services in accordance with City of Delray Beach and FDOT Standards. 2. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. Tn addition, potential underground and aboveground existing utilities wi11 be identified. 3. Coordination. with utility agencies shall be performed to collect retard information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 4. Consultant shall prepare eonstr~ction drawings which shall include: cover sheet, tabulation of quantities, general notes, signal plan sheets (2}, interconnect details, mmast arm tabulation and trombone mast arm. structure details conforming to the requirements of the FDOT, Palm Beach County and the City of Delray Beach. Consultant shall prepare the engineering desiga~ elements on topographic survey information prepared by Consultant's surveyor using MicroStation Version $ in compliance with F]7OT' design criteria. Final plans will. also be provided in the latest version of AutoCAD. S. Contract documents consisting of "front-end" documents (provided by the CITY) and technical specifications shall conform to City of Delray Beach Standards and the FOOT Standard Spccifications for road and bridge work. 6. Drawings and specifications (four copies) shall be submitted for City review at SO%, 75% and 100% stages. 7. At the SO%, 75% aid 1.00% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the compacted Final design drawings and specifications approved. by the City. The cost opinion. shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 8. Consultant shall attend kick-off meeting and two (2) design meetings with the City and provide a written summary of the issues discussed. 9. Consultant shall provide internal QA/QC reviews an the 50%, 75% and i00% -- Design Documents (e.g. drawings, specifications and cost estimates). 10. Consultant shall furnish the 100% design drawings at a drawing scale of 1" 40' far plan sheets and will be produced in l 1"x1.7" format in accordance with current Florida Department of Transportation (FOOT) design standards. Specifications shall be provided in electronic (PDl~ & WORD) format and all files shall be provided on CD. The final plans will be provided to the City in Adobe Acrobat pdf and AutoCAD formats. Phase IV -Biddin.~INe~otiatior~ Prase 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipzment and lobar). It is anticipated that work shall. be awarded under a single construction contract. Consultant shall provide twenty-five (2S) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend. mandatory pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide suppleimental information ar clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and. in assembling and awarding contract fox construction. Consultant shall submit to City a written recommendation concerning contract award. 5e Consultant shall furnish. all bid information to the Cifiy in electronic format to be used in conjunction with `°A~enzand Star°~. Phase V -C®nstreacti~sn Adre~inistratia~ Pl~sase Upon completion of the final design phase, die Consultant shall submit an Addendum. to this service authorization for approval of fees for construction phase services to be provided in accordance with, Section ll1-E of the Agreement with the City {if requested by City). Otlicr -Permittln~ At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to deteranine potential permitting requirements, Agencies anticipated to have jurisdiction over the project include: the Florida Department of Transportation {FDOT} and the Palm Beach County Traffic Division {PBCTD) Permit applications shall be completed for FDOT and PBCTD as required. Associated permit application fees shall be determined by Consultant and paid by City. ®ther -Ge©teclzn.~cal Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: 1 Perform. two (2} standard penetration lest (SPT) borings to an average depth of fifteen (l S} feet. The tests will be conducted i~~ opposite quadrants of the intersection for use in the design of the signal pole foundations. 2 Evaluate field data collected and provide geotechnical engineering evaluation r. eport. Other-Field verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording approximate horizontal location of affected utilities within the project limits. This task is included as an optional service to be used if existing utility data is insufficient. ASSUIVIPTIOlo1S Work described herein is based upon the assumptions listed, below. if conditions differ from those assumed in a manner that will affect sel~edule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1 _ City will provide Consulta~~t record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 7 calendar days of NTP. 2 City personnel will assist in field verification of affected existing City facilities. This includes painting the locations of water z~ains, force rraains, sanitary sewers and laterals in the field for the surveyor. 3 City will be responsible for acquisition of easements (including ternpoxaryj, if required. 4 City is responsible for all permitting fees, including costs of public notification in local newspapers. 5 A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item. 6 The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with. any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Worlc. AI)I)ITI®I~AL. SERVICE Consultant shall provide additional engineering services relating to the installation of this mast arm signal that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from tl~e City Manager. The Notice-to-Proceed, issued shall contain the following information anal requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIDE ®F FERFORM.~NCE The completion dates for this work will be as follows (starting at written notice-to- proceed}. Refer to attached Project Schedule. Engineering Services Tune per Phase Cumulative Time Phase III -Final Design (l } 6 weeks 6 weeks* Permitting (2} A weeks 10 weeks Phase IV -Bidding ~ 8 weeks 1.8 weeks {1)Geotechnical, survey and Utility Field Verification will be completed during Phase III -Final Design time period. (2} Permitting will be commenced during Phase III --Final Design time period. * The schedule is based upon cozzducting a review meeting within "1 calendar days after City receives tlae Submittal. All review comments shall be provided to Consultant within 7 calendar days after City receives the submittal An adjustment to the overall schedule wily be required in case the review meeting takes longer to be conducted and/or obtaining cornanents takes longer to receive. ZV. COI~P111~SAT~®1~ The compensation for services provided shall he billed on an hourly basis plus reimbursable expenses for each phase of work, up to the following not to exceed cost for each phase. l~ineering Services Estimated Fees Phase III -Final Design Phase $ 21,610.00 Phase IV -Bidding Phase $ 6,230.00 Permitting $ 5,360.00 Surveying $ 1,000.00 Geotechnical $ 2,500.00 Field Veril`icatian $ 1,000.00 Out-of Pocket Expenses $ 500.00 Total Project Cost ~ 38,E®U.O(E Notes: (1)Out-af-Pocket Expenses include the fallowing: printing/reproduction and postage. E.S1'IMATF. OF W©RK ~:I+FE11tT - SEGNAI,IZA"t'tOi!' K_li3vsiaess-©FVr!opmeaflProposaslE7e!iay BB3cFlN!osE 2nd Ave Signa!liwas4 2nC Ave ~ SP2 8^5 Siena! E]esi~n MestP Name of Project: West 2nd Ave @ SRl806iWest Atlantic Ave Consultant Name; Traffic Signa! Design Consultant No.: Date: Fctimatnr Phase No. Principal Senior PE Professional Designer! Clerical Task Description engineer CADD Tech $160.00 $940.00 $115.00 $85.00 ~5R.00 Itl Fina! Dosign Phase Task 1 _ irield Recon 3 ._. .. ,., _ >-- Task 2 -Utility Coordination ~ ~ 4 f Task 3 -Signal Plans 8 ______- _-_____1 16 24 40 `p Task 4 -Contract Does ® ®® 24 C WTask 5 -Plan Submittals ~3-...~.... ~ 6 3 C Task 6 -Cost Estimates L '~ 6 6 3 ~~``~'`~~ Task 7 -Meetings ~~ ........ 1,J .. _.......... .._......__ ~ti~~ Task 8 - QAI£1C reviews 6 Task 9 -Final Submiital 2 4 ~ 3 4 ~~ ~~ ~ ~ Subtotal 30 42 42 50 C _-- _ --- -- 37 ~[ 1V Bidding Phase ~ ,, ,.. ~ Task 1 -Bid Assistance 3 ~ 4 _-._~,,~~ Task 3 _ Addenda and RFI`5 2 ~ 4 ~.~~ ~ ~ ~ 2 2 ~ ' ~~~ ~__~~~ ~ ~ Task 4 -Bid Evacuation ~ ~ ____~ ~ ~ , , ~ I ~ l r ~~l = Task 5 ~ Demand Star data Subtotal ~ "--- ~ 13 ~ 12 ~~ 10 12 ~ 6 ~ ~~~ _ - - lather Permitt~n 8 16 16 ~SurveyEngg ~~-.I -- technical {Subcansuli G t eo an ) ~~ ~0~ Utility Field Verification Subconsultant) Subtotal ~~ 'i6 16 0 0 ..... - __ - - _ - - - _ - - _ - -- - - - Total Staff Hours 51 70 68 62 43 0 0 Tote! SEafF Cost $8,160.00 $9,SOOAO $7,820 00 $5,270.00 $2,150.00 $0.00 $0.00 West 2nd Ave @ SR 806 Signal Design Mast Arm_hours estimate.xls Fee 5heef -Prime Page 1 of t ~~ CE~T°lFICr4TE F LI~lL.ITY !N[J~1IV~ ozi`ia'iio s' PRODUCER (58S) 546-3747 FAX (585)424-2798 First Niagara Risk Management, Inc. 777 Canal View Boulevard TH15 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGI= AFFORDED BY THE POLICIES BELOW. Suite 100 Rochester, NY 14623 INSURERS AFFORDING COVERAGE NAIC # INSURED Erdman Anthony Of FlOrlda, T61C. INSURER A: Hartford Casualty 29424 2165 Brighton Henrietta - 1NSURERB Hartford Underwriters 30104 Tawnl i ne Road INSURER c Rochester, NY 14623 wsuRERO: INSURERIW COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU(D TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDICATED. NpTWITHSTANDING ANY RE(~UIREMENT, TITRN! OR CONDITION 01= ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI5 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TFiE PpLiCI'iES UESCRiBED HEREIN IS SUBJECT TO ALL THE TERNSS, EXCLUS{ONS AND CpNDIT1pNS OF SUCH PDLIC€ES. AGGREGATE LIMITS SHAWN MAY HAVE BEEN REDUCED BY PAID CLAEMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PODGY EXPIRATION LIMITS GENERAL LIABILITY OIUUNTI4139 Ol/07./28©~ O1/Q~-/ZQQg EACH DCCURRcNCE $ 1 (~QQ Q(] ' X COMMERCIAL GENERAL LEA6fLITY DAMAGE TO RENTEO S 308 . QQo CLAIMS MADE ®OCCUR MED EXP {Any one persfln} $ 1B } OQ A AERSONAL & ADV IN3i3RY $ ], r BQQ r ©>~ GENERAL AGGREGATE $ 2 , OOO , 00 GEN'L AGGREGATE LIM17 APP(,€rMS PER: PRODUCTS - GDMPlDP AGG $ 2 s QQQ ~ ©(} POLICY X PRO- JEGT LDC AUT OM081LE LIABILITY OIUUNTI4139 01/01/200$ 01/01/2009 COM8INEO 5€NGLE LIMET X ANY AUTO fEa accident} $ ~. , QQ©, OQ ALL DWNEI] AUTOS BODILY INJURY $ A SCNtwDUtEp AUTOS {Per person} X H1RE~7AUTOS BODILY lNJ URY $ X NQN-DWNEDAUTDS (Per accident) PROPERTY DAMAGE P i $ ( er acc dent) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO EA ACC DTHERTHAN $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY DIXHUT'13389 O1/O1/2UU8 01/01/2009 EACH OCCURRENCE $ 1Q, QQQ j (}B OCCUR ~ CLAIMS MADE AGGREGATE $ 7,Q f QQQ s Q© A E $ DEDUCT€BLE $ X RETENTION $ 1®, 00 ~ $ WORKERS COMP@NSATION AND ' B1WBP54570 O1/Ol/zaps Ol/U1/2009 X WC STATU- DTH- B EMPLOYERS LIABILITY ANY PROPRIETDWPARTNER+EXECU7IVE E.L. EAGH AGGIDENT $ ~., OOO ~ BO OFPICl=WMEMBER EXCLUtJtwD7 E.L. DISEASE - <wA EMPLOYE 5 ~ , 0©0, (}Q !f yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 , OOB , OQ OTHER DESCRIPTION OP OPERATIONS 1 LOCATIONS! VEHICLES ! EXCLU510N5 ADDED BY ENDORSEMENT! SPECIAL PROVSIONS ity of Bel ray Beach is additional insured under the General Liability policy on a primary and ancontributory basis only in regard to work performed by the insured for the certificate molder hen required by executed written contract. roject: City of Bel ray Beach 2nd Ave/ SR 806 Signal 5HOULD qNY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TR MAIL 3© GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NgMEt7 TO THE LEFT, (7 ty of Del ray Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE Np OBLIGATIQN OR LIABILITY 100 N . W . 1st AVenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Delray Beach, FL 33444 AUTHOR¢EDREPRESENTATIVE Gerard Wenzke/.76AItBE ~- ACORD 25 (20©3108} ©ACORD CORPORATION 1388 i~lP®RTANT If the certificate balder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate balder in Iieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). DISCL/~IMER The Certificate of Insurance an the reverse side of this form does not constitute a contract between the issuing insurer{s), authorszed representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ,~eoR©ss ~~ooAios~ CSR MR 4~'~~4C3 CEN~°TIFICT'E ®F L[e4~IL IT'Y INSU NCE DATE (MMIpD1YYYY} u e . ERDMA-~. oz ~.~ na PROnucER THIS CERTiF'ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Poole Professional - NY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4 n1 Edgewater Pl r Ste .18n ALTER THE COVERAGE AFFORDE^ BY THE POLICIES BELOW. Wakefield MA n188n Phane:781-245-54nn FaxC:781~-245-5463 1NSUftERSAFFORDINGCOVERAGE ~~iAtC# INSURED I INSURERA'. x~ecialty Insurance Co. 37885 INSURER B: Erdman Anthany of Flaridar Tnc. INSURER C: 2165 Brighten Iienrietta T-L Rd Rochester i~TY 14623-2755 INSURER D. --~------.......- f INSURER E, COVERAGES THE POLICIES DF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICD INDICATED. NOTWITHSTANDENG ANY REQUfREM1=NT, TERM qR CONp171gN pF ANY CONTRACT OR gTHER bgGUMENT WETH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICES DESORIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSEONS AND CONDITfONS OF SUCH POLIC`:ES. AGGREGATE LIMITS ShiOW N MAY HAVE SEEN REDUCED BY PAID CLAIMS. iNSF~; LTR ADD' ~ NSRD, TYPE OF INSURANCE POLICY NUMBER P LIGY EFF~TIVE GATE MMIDDIY POL[ ~VRTP.T~~ON~T DATE MMlDD! _...._,-~ LIMITS i` ~ GE NERAL LfAf3fLITY ~ ~ EAGR gCGURRENCE ''i g5 ~~~~ I COMMERCIAL GENERAL LIABILETY f i j PREMISES (Ea occurencej ~ $ ' ~ CLAIMS MADE ~~ OCCUR ~ ~ ~ f ~ MED EXP (Any one person) S ~~~~..~,.,_~ _ i PERSgNAL a ADV INJURY ^~^„-.~,,,~_..~ __, ~__ ~ ~ GENIWRALAGCREGATE I $ GEN'LAGGREGATELIMITAPPUESPER.I' ~` PRODUCTS-COMPIgPAGG .. __~_,,,,, $ A POLICY PRO- LOC ~ JECT ~ .. AUTOM061LE LIABILITY ~ ~ CDMBINEO SINGLE LIMIT ANY AUTO l I (Ea accident} I $ ALL OWNED AUTOS ~ BODILY INJURY ~~~ $ . ~ SCHEDULED AUTOS ~ t---- '~! (Per person) HIREF3 AUT05 ~ I BgDlLY INJURY ~ NQN-gWNEDAUTgS ~ fPeraccidenl) ~ $ i PROPERTY DAMAGE ~' ~ (Per accident) $ ~ ARAGE LlA63L1TY I ~ AUTO ONLY • EA ACCIDENT ~ $ ; ~ ~ ~ ANY AUTO j OTHER THAN EA ACC ~~ ~ ~ ,,,, 5 ~~~ 1 AUTO ONLY: AGG $ I EXpESSlUMBRELLA L€ABILITY I ~ EACH OCCURRENCE 5 I I ~ I OCCUR ~ CLAIMS MAO j ! AGGREGATE ~ $ ~ ~' j __-._.. ~~''~..-_W.__._. _ ~~ DEDUCTIHLE RETENTION 5 $ WORKERS COMPENSATION AND 3 ~ 70RY LIMITS ER I EMPLOYERS' LIABILITY I ANY PROPR[ETOWPARTNERIEXECLITIVE E~L. EACH ACCIDENT $ OI=1=lCER![wFMBER EkCLUDEb7 ~ E.L. DISEASE - EA EMPLOYEE, $ 1 ! I# yes, describe ceder SPECIAL PROVISIONS below l 3 ~ E.L. DISEASE -POLICY LIMIT ~ ~ °° ~' ~" ~"' 5 I OTHER A ~ .~~~ a?~ € DPR96ns146 n4/15/n7 n4/15/n8 Per elai~I S~.r oon, one 1 I R>jTxa DATE 1/i/1s54 A re ate $2rnnn,nnn DESG RIPTipN DF OPERATEONS ! LOCATION51 VEHICLES 1 EXCLUSfONS ADDED BY ENDORSEMENT f 3PECfAL PROVISIONS For professional liability coverage, the aggregate limit is the total insurance available for all covered claims presented within the policy period. The limit will be reduced by payments of indemnity and expense. RE: City of Delray Beach 2nd Ave/SR 8n6 Signal CERTiFiCATE HOLDER CANCELLATION D~+~~_ ~ SHOULD ANY DF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING ENSURER WILL ENDEAVOR TO MAIL 3 n DAYS WRFTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SD SHALL City a f Del ray Beach IMPOSE ND OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENSURER, 3TS AGENTS OR ~.nn N.W. ~.st Avenu® REPRESENTATIVES. Delray Beach &'L 33444 ACORD 25 (2001108y ~ ~ .......... :ORPORATION 1988 CITE ®F DELRAY SEACI~ C®1~~UL,'I'TNG SERVICE ~,[1TH®RIZA'I'I®l~i ~.1~]ENI)1VIENT NO. 1 I'R®JECT I)ESCRII'TI~I®i ~' t,`-c°~C~~ The Consultant lzas completed the final design, permitting and bidding services for the proposed mast arm traffic signal at West 2"~ Avenue and SR SOG/West Atlantic Avenue. This AYnendn~ent No. 1 provides for construction administration services during the estimated six (6) month construction tune frame, and shall become part of the Agreement dated l~ ebruary 20, 200$ between the parties and that all of the teens and. conditions contained in that Agreement, which are not amended by this Amendment No. 1, shall govern. Tl~e project limits are as follows: Intersection of West Z"d Avenue and SR 80C/West Atlantic Avenue. II. SC®PE ®F SER~ICFS I'Ixase ~J -C®atstruetion Ad~xti~lstration Phase Task I1 - Precox~struction Con;lerence Consultant shall attend a preconstruction conference with representatives of the City, Contractor,lkDC]T and any utility companies requested to attend. City shall prepare, in writing, minutes of conference. 'Task 1.2 - Shay Ilraevi~~ Review Consultant shall review shop drawings and product submittals for general conformance with the design intent and provisions of the Contract Docuxx~ents. Shop drawing review shall be limited to signing and pavement marking and signal items. ~a~k 1.3 - Resaond ~Q Requests fmr Information. (RFI's) Consultant shall respond to RFI's submitted in writing by the contractor regarding the intent of the design elements as depicted in the bid documents. Task I.4 - Construetic~n ®bservation Consultant shall perform fzeld observations for the installation. of drilled shaft foundations, mast arms and signal change aver. Task 1.5 - Per~ait Closeo~€€ Consultant shall certify to the FDQT based on visible features, observations and as- built drawings prepared by the Contractor, that the project was constructed in accordance with tl~e plans and specifications submitted as part of the permit application. Upon substantial completion of the work, an acceptance letter from Palm Beach County Traffic Division will be requested. ASSUIVIIPTI®NS Work described herein is based upon the assumptions listed below. If conditions differ fioFn those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation. to Consultant will be negotiated with City. Services to be provided by the City and other related key assumptions include: 1 City shall provide construction inspection services as needed. 2 City shall review and approve Contractor Pay Requests. E4DIDITI®1~~Ali , SE~tVIC`ES Consultant shall provide additional engineering services relating to the installation of this mast ar~xa signal that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during implementation of the scope of services. Se~°vices performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from. the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A tune established far completion of the work. III. TIME ®F PEItF®IANCE The estimated completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Phase V --T Construction b months 6 months Imo. C®MP~I~S.A'TT®l~ The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work, up to the following not to exceed cost for each phase. En ineering-,Services Estiz~ated Fees Phase V - Constntction Phase $ 14,400.00 Out-of-Pocket Expenses $ 100.00 Total Project Cast ~ 14,§00.00 Notes: ~1) Out-o_f=Pocket Expenses include the following.• printingh^epr^oduction and postage. K:1Business-I~evelopn~eaatli'roposalslDelray BeachlWest 2nd Ave SignallWest 2nd Ave - SRSOb Signal Amendment l .doc This service authorisation is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incura•ing any further liability. The CONSULTANT rrtay commence work an any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CONSULTANT: Erdman Anthony .Date f ~ ( ~ ~~ f By: (Seal} t n e s s~,,,,,,,,,,,,,,,,,,,, Attest: Approved as to Legal Sufficiency artd Form ~. • ~C ~~.~ Witness t q Attest: ;~/~~-~~~c ~ ~ `f~~-~ BEFORE ME, the fo~egoir~g instrument, this ~ day of ~ ~~.- 00 was 1 acknowledged. by ~,~~~ ~-. ~.1Z~'1 on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seat in the County . d State afoeesai his day of ~~~- , 2(3{J Notary Public State of Florida ~Iy Commission Expires: w`~4}RY .,~ry!rr. `WIC7®GR~Y ll. I~1.1'e~ll ~: :~ ~iY COt~P~IBSiQi~ ~ QD 2969# q~. ~ EXPIRES: March i3, 2GYi8 `''$~Rrt~~ E1oru{~dThru Notary Public Underwriters CITY OF DELRAY BEACH: T~. FR®M. SUBJECT ®ATE, ~]epa~menf ®f ~nvee-®nrr~enfef Services //~/~; /~~/~S _.----_- ®avid Harden, City f'~anager ~ r, ~~ ~~ Tirr~othy Tack, Project Manager ES®lCRA } ~ ~. Project 1Vo. 2008-039 `:, ~, S.R.. 806 (W. Atlantic Ave.} at S~lV 2nd Ave Signal Replacement ;~~~ :~~.~09 Please execute the three attached copies of Amendment No. 1 to S.R. 806 (W. Atlantic Ave.} at SW 2nd Ave Signal Replacement in the amount of ~14,500.OQ. Amendment No. 1 provides for construction administration services during the estimated six (6) month construction time frame, and shall become part at' the Agreement dated February 20, 2008 between the parties and that aff of the terms and conditions contained in that Agreement, which are not amended by this Amendment No. 1, shaft govern. Construction Administration service includes preconstruction meetings, shop drawing review, response to requests for information, construction inspection and permit closeout during the construction of S.R. 806 (W. Atiantic Ave.) at SW 2nd Ave Signal Replacement. Funding will be provided by the CRA and is available from account # 334-3162-541.65-88. Once you Dave signed the service authorizations, please return them to me. Attachments cc: Richard Hasko, P.E., Director of Env. Svcs. Randai Krejcarek, P.E., City Engineer S: VEngAdminlProjectsV20f)8V2008-039lOFFIClALICvrastaxrctivn Adrninstrativn Authoa~izativra.Mem.v tv Harden.dvc www. delrayesd. com DELRAY BEACH .,, .® 1993 2001 SW 2"d Ave @ W Atlantic Ave 1/9/2008 Delray Beach GIS MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager THROUGH: Lula Butler, Director Community Improvement Janet Meeks, Education Coordinator DATE: Apri129, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MAY 19, 2009 RESOLUTION N0.22-09 ITEM BEFORE COMMISSION City Commission consideration of a Resolution supporting the establishment of a Sister Schools Program to be administered by Sister Cities of Delray Beach, Inc. BACKGROUND Sister Cities of Delray Beach wishes to establish a Sister Schools program. It will connect a Delray Beach school with a school located within our participating Sister Cities of Miyazu, Japan, and Moshi, Tanzania. The Sister Schools Mission is to `promote peace through mutual respect, cooperation, and understanding, one student, one school at a time." Sister Schools Goals are to: . Integrate the Sister Cities model of citizen diplomacy into youth and education • Offer "people to people" connections to students . Motivate cultural exchange and global awareness among students through project-based learning Sister School partnerships can be with individual classes or the entire school. Teachers and Principals in the paired Sister Schools participate in collaborative projects ranging from pen-pals to exchange programs. Thus, allowing our youths to experience the cultural exchange similar to those that occur in Sister Cities partnerships around the world. David Schmidt, Chairman of the Delray Beach Sister City Program presented to the Education Board their proposal to establish Sister Schools. Pivotal to their success to launch a Sister Schools program in Miyazu, Japan, and Moshi, Tanzania is support from the local government. The Education Board was very impressed with the presentation and unanimously recommends the City Commission pass a Resolution supporting the establishment of a Sister Schools program, which will then be forwarded to Sister Cities International. RECOMMENDATION The Education Board recommends that City Commission supports the establishment of Sister Schools via Resolution 22-09. RESOLUTION N0.22-09 A RESOLUTION OF THE CITY OF DELRAY BEACH SUPPORTING THE ESTABLISHMENT OF SISTER SCHOOLS BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, UNITED STATES OF AMERICA AND THE CITIES OF MIYAZU, JAPAN AND MOSHI, TANZANIA WHEREAS, the Sister City Program, administered by Sister Cities International, focuses on four key themes, one of which is youth and education; and WHEREAS, Delray Beach has many years of a successful sister-city experience with NTiyazu, Japan and Moshi, Tanzania; and WHEREAS, the Delray Beach E ducation Board and the Delray Beach City Commission, on behalf of the people of Delray Beach and those within their city governmealt, support and encourage opporhmities for mutually beneficial practical exchanges in the field of youth and education, namely sister schools programs for youth NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida supports the Sister Cities of Delray Beach, Inc. to engage the Cities of Miyazu, Japan and Moshi, Tanzania in the exchange of the Sister Schools Program. Section 2. That Sister Cities of Delray Beach, Inc. affirms it is dedicated to youth exchanges in the form of Sister Schools, and declares its intent to abide by laws, by Sister Cities International guiding principles and such youth exchange procedures as maybe agreed upon by the cities of Delray Beach, Miyazu and Moshi. Section 3. That the City Clerk is hereby directed to provide copies of the resolution to the Sister Cities of Delray Beach, Inc. PASSED AND ADOPTED in regular session on this the 19th day of May, 2009. MAYO R ATTEST: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MAY 19, 2009 SELECTION OF EAGLE NEST HOMEBUYER ITEM BEFORE COMMISSION Commission approval of homebuyer for Eagle Nest property and approval of down payment assistance funds. BACKGROUND On November 22, 2005 the City, CRA, Chamber of Commerce, Palm Beach County School Board and Atlantic High School Career Academy (also known as Eagle Nest) entered into amultiparty/interlocal agreement to build the first Eagle Nest project. As a result, the Atlantic High School Construction Academy has completed construction of a three bedroom/two bath, 1500 square foot, single-family home located at 46 NW 12~' Avenue. As part of the multiparty/interlocal agreement, the City agreed to provide a first time homebuyer through its Renaissance Program and assist the buyer in qualifying for and obtaining a mortgage. At the August 19, 2008 meeting, Commission selected a first, second and third ranked application so that the Neighborhood Services Division could move forward in securing a buyer for the property. However, since the August 19, 2008 meeting, the loan status of all three original applicants is such that none are mortgage eligible to purchase the home. Upon learning this, the Neighborhood Services Division contacted the Delray Beach Community Development Corporation (CDC), to inquire if any applicants in their pipeline were interested in purchasing the Eagle Nest home. The Delray Beach CDC identified Ms. Ginette Louis, a Delray Beach resident who is a first time homebuyer and single parent to two children. Based on SHIP income eligibility guidelines, Ms. Louis' household is classified as very-low income (family of three, earning less than $33,950). Approval is requested so that Ms. Ginette Louis may purchase the Eagle Nest House and receive $75,000 in down payment assistance funds. FUNDING SOURCE SHIP - 118-1924-554-49.20 will be available after mid-year budget amendment. RECOMMENDATION Staff recommends approval so that Ms. Ginette Louis may purchase the Eagle Nest House and receive $75,000 in down payment assistance funds. MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 14, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 19, 2009 EASEMENT DEED AGREEMENT /MIDTOWN DELRAY ITEM BEFORE COMMISSION Approval of easement agreements for a water line at the Medical Building at the Midtown Delray Phase I project, located at 4800 Linton Boulevard. BACKGROUND An additional easement is required for a water main installed at the Medical Building in order to provide sufficient City access for any maintenance and operation activities associated with that water main. The additional easement consist of a 3-foot wide and a triangular section as shown in exhibits. RECOMMENDATION Staff recommends approval. ,'' '~I~:~_f~r"~'~. a~ to.~r~ ~~ ~~' _ _._ t~~~; b aid ~~~r~ ~d~o ~~a~~ ~:~ ~vih a. rraaiira ac4dr~ss ter c;~l.~ ~ :_ ~_.. "~..~, ~,_~~. Spite ~t ~a. ~ ~'., ~ arC~7 cif ~e ~~€ apart; az~ ~~ ~:: ~ ~~~.` '~ ti r: ~ E_ ~ ,; ~: -; i~h ~ i~ ~i~i~~~; adds°ess €~ P ~C1 1~1.. l st ~veue, ~3~Iray ~~i, 'coda :~'~ ~~~~, .. ~:•~i~i~a~ ~~~ra~i~z~ are '~i ; ~eaeh ~€~~z~~Y9 ta~~ af'ic~r€da, ~a~y afi~ ~~~re~~ p~~: 'I'~ES"~'~~. TIC ~~, ~~y c~~ ~~ r~~,part, ~r ar~d iri ~cs~~i~r~.~i~ cif ~ rr~~zai prc,~niss herein ccsntai~~~d aid ~afi~er acs aid valua~~ c~nsid~°~~s~, d~~s ks~r~s ~'C, ar~ain~ set d ~°~1eas~ i~nt~r ~~ ~~ a t:~~ se~~a~c~ ark, iCs s~~~~ssc~rs-and assis, ~ right cif moray aid ~ea~ ~as~er~t ~'c~r ~~ pr~~e oaf the car~st~~i~ti~r~ are n~air~~~an~~ ~~ ~~tdr° ~i~a °~ii~li:i°ccii. a~ tr~~ right; 1il~~rty, a~~ a~ti~~riC tcs e~ztr up~~i and c~ ii7s~~, ~a~~rat, mad rnai~iir~ suc3~ ~vat~r a~~t i~ under, a~rc~ss, C~r'c~~t~i Arad et~st~raq ~~cr; r~d~~ ~r ithi~~ ~~ ~I~~~~g descr€be rap~~~ ~catec~ in Paign ~~~.~h ~~surty, 'lcrrid~, tQTit~ E~~~i~Ti3~i ~tsr~csai~~t ~a~d ca~~t~~iv~ w~~ this r~g~ iath~ ~artg3er i :~:d~r: ~n the ~, ~...~.,, ~~'ti~ ~~~d paa-ty, its sCf~.csors anal assigns, of i~gr~ss aid ~~~s ~s~r~r ~s cs~t i;~at c~~iarz ~r~-~lan~i ~~cri~d ~~c~~e, t~ ~~f~ct the p~rpc~se~ ~~°ti~~ a~e~z~t; ~s ~~^°r~ss~d: l~~:ria~ter. That ~hi~ easernen~ shah b s~xb~~t ~rl~ e .:s~~: sc.rrsn~; z°estr~~tzcan, and t'~serr!ati€~r~s of retard. 'ghat the pa~5' ~s~"the first dart a~~e~es t~ ~a~~~d~ fir the release o~' suardinatc~ ~fa~ aid ~l! ~srtgn~es aX` i~~~ ~na~r~~er~ng zs ~a~ient, Tie rt oaf tie ~xr~t ~a~t alsta a~~re~s to art na Sild - a ~~~t and ~t~s~r ia~d f eastr~~tir~ a~ ~~rn~ errien~s ~ the acr-~e- ~k ~~ t~~icrsta€~~i that a drpltic~~ a~`su~:h cc~r~s~r~eti~, ail lads d~sFv _'~~i~ :~l~y a~ a r~e~u~t cif ~~i~la ~~nstz-kiai~ ert'~~~e~ tl~~r~rsr~, ~jill b~.re~tar~d to ifs anal c~r'ie c~~~cliti~~~ =it€s~ati ~xp~r~ to the grapy ~~r: ai~~ of t~s~ first dart dci~~ h~ra~~~ full~~ warrant the titi~ to said is xd wi11 def~ncE the sar~~a, a~irr~t t Ea~fi~~ lairs a all ersans wi~azrrsaev~r ~iairn~c ~t tl€rcru~ir crr- ~irid~r it, t~rat at ~ ~;a~d r~~Fret ar?d l~~r~l r~tiiarit'~ tri grant tli~ ~17Citre-d~sri~d ~aserrrtit and ghat tea s~r~~ is t~ri~n~~ls~r"acf ~xast as prc~vic~ abr~v~. There t1~~ cor~t~xt of tip ~as~zrz~r~t 3e claws car er-its, the ~rn~ ~l~ail iriclucie the ,~~scc~ssar•5 ar• as~i~~a,s af" t1~~ arti~~. I t~~T~~~ Jill=l~.l~.C~, tl~~ parties to tiffs a~ _.-~ l~e~ set 4l~eit lends and s~al,~ tics dad aid ~~ar first a~sav~ wr-i~tn. '`ITN ~~ ~: (narrze pr~nte ar ty°~se~l? y; ar~aI~ .i.. errrla~r ITSE '~: ,. m ,.-... ~ , (ira~rr pa°itit~d ar ~d~ ~'C~i..J~I'I""~ '.~~4 '~ Tla ~ar~in~; istruane t was acls~~ied~e before ra~~ his ~: day af° 2l~(3 b ~~~ _ ne ff~or ar ~~rat~, a ~---- ~ ----- ~~ I rnc€~ ara~iarr ~a oz-~ ~C. __-- (r~arrae of aar~~srtiar~~ ~~ ~~ ~ ~ ~ ~+~ (t~t~ ear place ~r` ~ atiazi,.cirr Behalf of the ~eat~r~r-ati~rrr. l-e is 1 ~asc~zr~liv rr~swri tai ~ or h pranced ~~~ ~t~~ of iderr~ifacationj as i~ntifi~atiri grid ditllda'~i nQt take aag. i~af~.re apt hii~ - ,..a~„ ~~~°~~ I~a~i~an - - . ~r~zissl~a ~'~76~~~42 ~~ra~i~ ~&>t kT~4NT3C na~rvt;~~; ct~ , t'se 1 BEING A .~.OO FOOT WfDE STRIP OF LAND LYING fN TRACT 'H ; PLAT OF MIDTOWN DELRAY AS RECORDED fN. P>r4 r raCJJK 11.>, pAGE 87 Lnr rNE pUal fr .R£GCIRDS (~F PALlb1 BEACH COUNTY,- FLC7RIDA. THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED A.S F(JLLOWS: COMMENCING AT THE" SGUTHEAST CORNER OF SAND TRACT "H'; THENCE NOh•'TH D1°.~D'15" WEST ALONG THE EAST LINE" Of SAND TRACT "N", 78.4.E FEET TO A PCl/NT OIV A LINE AT IS 1.50 FEET NORTH OF AND PARALLEL WITH THE' NORTH SIDE OF A 12.Qp FOOT WATER EASE-ME'NT A5 SHOWN ON SAfIJ PLAT OF MIDTOWN DELR,4 Y, SAID POINT ALSO BEING THE POINT OF B£GINNING,• THENCE SOUTH 88"41 2 f " WEST ALONG 5AlD PARALLEL LAVE" AND THE' CENTERLINE OF SAID 3.44 FOOT WfDE STRIP, 126.64 FEET TO THE TERMINUS OF 5A1D 3.04 FOOT WIDE STRIP. ~ ~~~~ ~s ~~~~ 1. BEARINGS SHOWN HEREON REFER TG NORTH D7'30`t5" WEST ALONG TH£ EAST LINE OF TRACT 'fd ; PLAT OF h91DTOWN DELRAY AS RECORDED fN PLAT BOOK 1 i 9, PAGES 8T, ALL OTHER BEARINGS ARE RELATIVE THERETI7. 2. THE 5/DE5 OF THE ABOVE DESCRIBED EASEMENT SHALL ,PE LENGTHENED OR SHORTENED, AS NECESSARY, !N C7ROER TO MAINTAfN A CONTINUOUS STRIP OF LAND 3, 00 FOOT fN WIDTH AND TO fNTERSECT EXfSTING EASEMENTS, PROPERTY LINES AND RfCNT-OF-WAY E3F RECORCI. 3. THIS IS NOT A BOUNDARY SURVEY f HEREBY CERTIFY THAT THE" SKETCH SHOWN HEREON IS 1f TRUE AND CORRECT REPRESE"NTAT/ON Cf TH£ ACCOMPANYfNG DESCR/PT!(7N AND COMPLIES WIrH :1'HE`"``7~"CE{NICAL STANDARDS SET FORTH IN CHAPTE"R 61G17-6, FA. C. BY THE FLORIDA BOARD Of~.PROFE',~`si~Ci1NAL~`URVEYORS AND eVfAPPER.S, PURSUANT TO SECTION 472.T}Z~; FLfJRiDA S7"ATUTES. NOTW'~ALlt3„-1JNL`~5~~;~g~LE'D WfTH S'URVL"Y(}R'S EA980S5E~fJ SEAL AND SIGNATURE: ~'- ~ ~~ `~~:,a~~: 'P~l~."', .~ r,:.~ ~.W 1/ f ~ ~ /y/ By.....~-.__....`-......... ~ i _~ iW ~ _--_..- G Y;` ;LIAMS P S M FLORIDA C .~IFICATION'No. 4817 OR THE `F./RM.. , vEii ~F3' L~'~£TEdt S,l1.ElVP~f7 fASf,ONC LJlA'~ SURYEYlRS A1JD L4ND PIAKNE) CERTif7CATf OF AUFNOR72;d TiCN N6. Ld L24f 907 NOR7NPOINT PAf1XlYAY, SUIFE 30t WEST PAI.lI! BEACif, Fl.DRfOA .fiS4l1T-~ f:J5.T PHONE (5SI) lPS-7178 FAX (SStf 4TS°-7`9.22 - iM~eb 51Ve: n*ww. fr®arsevsv.com ~- - ~ ~` 1 1 ~ -~.~ -.. 1 I r "`, ~ ~ I ~ ! ~~~ ~ ~ ~ j ~ rRACT ,~k„ ;, ~ ~ . 1 ~ .~a r ~~- ~~~ ro Irv ©~«a r (PB i 1 1,PG. 87~ ~ ~ ( ~ ff 1 1 I ~ ~ I ~ ~ ~ CENf'ERLiNE' OF 3' WIflE ~"A~'EMENf" i ~ ~z' wArER eASFMENr ~ POIN7" of B~GINN/NG-' ~~ ~ ~ ~ I i ~ ~,~~~- I ~~~ / ~ ACCESS E,4.SEMENT w ~ ~ ~~' ~~ ~ (Pe r s r, PG, s~~ ~ I ~ , ~ ~ ~ `~ ~ j ~ ~ ~ ~ ~°°~---~ J ~ P4fNT OF CpMMEIVCEI~fEN1' I ~ 1 / ~ sour»E.asr corrN~R a~ ' j --..._ TRACT "H', PLAT OF ~ E I ~ r...,~ ,~ ,,.r~ nr! rnnrn r'a7' PG. ~~"" -.,.y ~o n ~ h i ~t -"` a ° ~. ""' a ~ ~ ~ ~ u ~ o g4g V A ~~ ~ A\n~4~~a M~ QO" &~ °O 4 >~f1Y a ~m N• R r•4~+wturar w~ aaD~nw~cro soo+1 gyros as ~cr~ ae a~~s ~ , ~~v~a~c~~ " ° ° IGAT~It ~4S £~~3 ,l~lb~ -Cf~R P37~~Y/9/p~LR.4 f° ~i~ ~eg~'FP L°~LJMT$'I~Z.~3~7f~i4 ~~ Nll FSX ~~ idwn .5/ ~~~r ]l9MW i~M-~i Pu mr ~~xrBrm.~ .-~ _. __..... n~~.a ~c~eo~ts~aa~~~t~aY 1 :~ s ~ ~ss®~.~r~~, rr~c. UV© 3UR~E•YORS AJVQ l.APfp !'1.4N1Y~'CxS ct~rrrrcars of qurito,¢tzgno~v rro. ie 4241 90t A'flpTNP()1Nr AAAKWAY. 3f!!FE 301 IMEST PALM KCAGI, FLORIQ4 33407-1533 PHOId( (581) 476-7178 FAX (5B1) 478--7922 Wsb Sfia: ww w. V'rseruwey.oorre T4 hFLC x1'%OR7 SACICFLfECAIS~PRFiT-iAS-IGP D3-tl6-0.9AWC ~'repared ty~: ~~'L1'R.1~: Et.:~3~~uz.l~utt, esq. r'ity Jait~rn~y's ~#i^w I~e(r~a~ 5~~.;:h, FEc~rida 33~~4 ~~:~ ~~ °~ ~l`~~i~~T`i'~_i~, made this d,y of __ 2(~t?9, by d ia~teen idtan ~el~a~, ~I~C, ~uitll a tnailin~ ad~re~s c~~''b4~~ on~~es~ ~v~. ~~ie 2U4 ~e~ ~tnn: ~L 3~4R'~, part~r a£ tkic ~r~t a~; aid the ~~'~'"~'' (~ ~~"k' 1~~~~Ii; •~rith a rnaii~r2~ address e~f t40 1°~,, 1st A~~zsue, T~~1ra~ ~acli9 ~i~iaida 33444, a xc~~ni.cipal oc~r~rc~ratic~~ z alx Desch `ous~ty, Mate of>pl+arida, party c~i" the second part: I'~'~~5~'~'t.. That the ~~~Y cif the first part, for aid i. corisicler~.titsr~ of tk~e m~tua~ proise~ herein coi3~a~a~ed and tither food aid ~a3uat~~e cc~nsideratiaris, does hereby grit, 'bar~;airA, sell and release uzttes the party oi' the sect~r~d post, its s~cces~ors and assigns, a ~i~ht of u~~y ar~d pLrpetu~l ea~err~ent'f€~r the purpose of th:e c€~a~structioz~ ar~d n~aintenarfce ~f a water yin tIIJltt7 ~~:~~:~?ld :~S"~w ric~r~;t5 Iiiw€r,.t_s~rT ~n~ ~~tl~nrity frt f.r®de?s F~por?..~I~C~ t~ i~Cta~i;; [~pPraYe4 ~F3~ ?~Ea~l~l~~ln such water xnairt: vuell under; across, tnrt~ogh snd upon, over, ender or ~rithii~ the rolto~in~; described. property iticated lit Palm beach C~,unty, P'I€~rida, fo-grit: IE~~l l~Tt~J~d fee xhihit"`~'; Ct~hc(irs~iit ara.d coextensive urth this right is the f~rtl~er right .i~ the ply ~f the se~rad party, :its su~cess~srs aril assigns, csf ir~~ress and egress t~ver and ot~ #hat,portion of band described ~b4ve, tc~ eff`ect fhe purp~-ses o~tii~ caserrient, as expressed l~erei~after. That this easement shall be s~ibje~ Drily ter tiit~sc easezxacnts, z'estrictiorts, and, rescr~ati€~ns €~~ reco~~.. What file ply c~~the ~"tr~t pad agrees. fib. provide ~'€ir the release car s~~,oxciinataa~ f ar~y anti alb z~xr~rtga~es or liens cncurtri~rex~in~ ibis easerx~erit. The party of tlae`first dart atso agrees to erect z~h tauilding car effect arty atiier kind of ec~nstructiori or improvements upor4 the above- . clescril~ed prap~rty. It is ortd~:rstond that upors cc~znletion oi'sucl~ corisfructic~r~, all Ia~ds disturt~cii thereby as a result ~f each con.structic~n.per~'©rri~eti thereon, will be r~:st~red to its<ariginal .car:liire ct~~dition v~itlrout e~pensd to the property owzxer. i•'arty of the first part daes hereby fully warrant tl~i title to said tend d will defar~d the sarnc aair~st tl~u law~'u! claims of a!l acc~ss~r~s wht3n~SOe~er clairr~ed by, thran~h ar €~rider it, that it Baas load ri~t~t and lawful authr~~rit;r to rant the abase-deseril~ed casc~nent and that the same is unenc~ttn3~e~-~;d exc~~t a.s prt~vided abo~xe. 'There t~~e ccax~ke~t of this Easen~ezzt t3eec! allc~v~rs ~sr p~rs-r~its, tlae same sha3t include tl~c succcssc~rs or assi~r~s of tote parties. IN ~~'IT~iE55 ~II-I~R4~, the parties to this Ea§err~e~t Deed set their bands and seals tl~e day ar~d year first above t~/ritten. ~.1 IT>~i ~ #I (name p~i~zted or typed} pART~ ~F'I'f-~ FiT ~1"i' B y. Ir~iat~a~in~ errsber l"CI~SS #'?: ~narne printed tsr ed) ST~.T~ ~p ~ ~ C~ CQ~.TI~1'r`~' ~F l"fit The fore~;air~~; inst~°urr~~rtt arras a~l~na~ied~~d before me this ~ ~ day of • '?~~~ ~,yl.~'~ ~..,r/ na e ,~f fficer pr a,cr~t), of {~~ ~~~!~ t ~c~.,l,.~,.._._ (~~arr~e o~ ca s~zatian ~~~ (State or place c~i' ~ ) incorporatia~sJ ca'sprattot~, on behalf of the corporation. ~IZe is crsonall~~ l~no~rn to me or has produced ~~~ type of identi~catia~n} as iderrtii'"icatit~n and didldic not tale an aat3~. _-_..-, Si~~nattzre of l~iota~y 'ublic ~oT~~~~r~~c~s~~~o~~?er~~ State of t(tG~'Gc..~-- ~ommiss4s~n # I~Ti6~U; 42 tSl~.AI/) µ~'',,:..,-° L~pia`eS. SAP. I7,2CtJ~ Ii03SP~liB TEIHA ltrLANT7C Rt3:Vtlt.1'G C17 ; i^i(' BFfNG A PARCEL OF LAND LYING IN TRACT "H'; PLAT OF MIDTOYVN DELRAY AS RECORDED 1N PLAT BOOK 111, PAGE 87 /N THE'" PUBLfC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBE"D AS FDLLOWS.• COMMENCING AT THE" SOUTHEAST CORNER DF SAID TRACT "H';• THENCE" NORTH Df'30'75" WEST ALONG THE FAST LINE OF .SAID TRACT "H'; 60.98 FEET TO THE POINT OF BEGINNINC;• THENCE" CONTINUE NDRTlf D7 "30'f5" WEST ALONG SAID FAST LINE 3.97 FEET TD A POINT (7N THE SOUTH SfDE OF A f 2.00 FOOT WATER EASEMENT AS SHOWN ON SAID PLAT OF MIDTOWN DELRAY; THENCE SOUTH 88°49`21" WEST ALONG SAID SOUTH LINE, f 9. D,2 FFET,• THENCE SOUTH 79 °32'(~ f " EAST, f 9.45 FEET TD THE POINT DF BEGINNING. ~~~~~' ~~ 1, BEARING5 SHOWN HEREON REFER TD NORTH 07"3"0'15" WEST ALONG THE FAST LINE OF TRACT "H", PLAT DF ~IIpTOWN DELRAY AS RECORDED IN PLAT BOOK 177, PAGES 87; ALL OTHER BEARINGS ARF RELATIVE' THERETO. .2. THIS IS NDT A BOUNDARY SURVEY. 1 HEREBY CERTIFY THAT THE SKETCH SHAWN HEREON 1S ,~ TRUE AND CORRECT REPRF5FNTATION DF THE ACCD~I9PANYING DE'SCRIPTIDN AND COMPLIE'S W/TH•-','S'HE"`'`7E~GHN/CAL .STANDARDS SE"T f"ORTH IN CHAPTER 6'IG1T-6, F.A_C. BY THE FLORIDA BOARD O~'~'ROFE"SSi~N~tL~.SURVEYDRS AND MAPPERS, PURSUANT TD SECTION 472.027, FLORIDA STATUTES. NOT' l~A~1D~„~/,NL~,SS.,,~SE.~LF~1,WlTH S'URVEYOR'S EMBOSSED SEAL AND K n ~ ~h ~ ~ 1 ._, ~ -' >. ~' a ".: BY.' _ _ ' A . ~ r ~sm~~,, r~J:rVl: T/D7u NO. 48'77 FIRM 6 jz ~ ' ~, '"' old`~7"G°~'/~~l#~LBL~'v~.'~~~+'~~8~ L4h'b S'flIFYEYOlPS aQND LrldV~ f'LANN~fi~.5' ~ M e ~~'~~ ~" `° e~ l?C• T{~ATER ~AS~llli~'8~~64 ceanFrcar~ aF aurNO.arznrrrrN No. is ty.xr gnr NorrmPrxNr ~aaxw.ar, surre avr ~ ~ ~ '~ n"^ ~ ~ "a a m !~l~T(7V8f/9f SSgL.s$A #' w]'• ta ~ 'A iY~SF PA1.+Ii BFiiG'il. rYdRfiJA .3.A'4A7-795! ' b ~~ kY ~/~~~a~~~.~~r~iq PNDNE (~+&if K7S-3778 FAX (56!) 47R-7S~ZP srr narc. Renaeass EAHIBITA Web srfa: www_trsmurvey.aam ous~ ver r~yniuer4Pwnl nrze r~raer_s+~rrKrFC,aFSiuup essrroP aopst~xo~ ax-ecz urrurr CtSY:pMY. rvEr ~4ueawlr.~rrl nrre mE~vrs~rcrr+Lrt~uarslPxerr»r~s-ruv or-or-ae.ae~ i _ ~, I '~- -~ I ' ~. ~ ~ '' ~ --.. ~ ~ ~- ~... ~ I ~-~ ~. J l { -,.. 1 TRACT "l~" ~ ~ ° PL.4 T O~ ft91~TDl~f+! CI~LI'~! Y ~~ (PB 1 f f,PG. 87~ l 1 I {{ { i II I ~ } 12' WATER ~AS~~r~~vr I (PB 11 f,PG. 87) 7 YY ~ ~ 19.x2' S 7932'f11 " £ 19. ~5' ~ ~ ~ _.._ _......~ ~~~ / ~ ~ ~ ~ P~ ~ ~ A CCFSS E"A 5EME7J7" ~ k qry` / / J / / / ~ ~ J P©INT C1F COMMENCElvfE~IT 5C1UTh'EAS'T G'OC~h1E"R OF `[ ' `. ~ TRACT H ; PEsI T OF 7 - A 11 (`~ ~~ -- ~ T©Wld ,DELRAY (P9. f 7 f, ~- f ~-~Ilru r Inld- nr! rr~er.n "%1"` -~. PG. 8Tj- _.._•_ N Q130'15" !y 3.97' Of BEG/NNING M ~ b n ~ ~, ~v ~ ~.. ^~ ~ m V -._.. .,~ ~~~~ ~ J 7'~81s^! s IYd~F'.# ~~DiBl4'~.4Y~11~Y' ~..~ ___ ;~A rF~'*~c°p -..-----~....--.,.--~.. ~'IC~SC6~Al~®d~~'~u'CJ~dF~T/CDR/ LAN}1 SURYEI`ORS ~dNO f.~dNd PLe9NNERS C ~~ ~.~TE~ ~pS~~`~'dl4~' FC7Fd C[RAf7G!]E aF AVTNORIZA7ION NO. LB I24F ~ m~ ~~ 5 , 4 ~ ~ ~f'/~3"®1'I~APTL3~L,}~ Y sar xr,RS~IPaNr vaRxsvar, suue .rar ~~ °' ti ~"° oY ~~iZ.lb/~.~(,`¢SCC$F.dN7"'Y',~`ECd4%Di4 mss vaue s~Aer+, rcoastxa near-rsas Q m y g ~ PHONE (58rf 478-7778 FAX (567j 47B-.7922 en osta: q~stxws EXIIIBITrI W®b Slre: www.trrmwrvuy.cam m xoHSknmcan 7nat[WM £5Mr tlwp 5fp/zGnD e: rs:Zt 19tr Eat xmr r~m~ua mrrn rirrv vvnaar ..vsrr~ im .ian.N ,~..n.w ~._.,T_...n~m LOCATION MAP ol~ Ge Rd Location of Medical Bldc at Midtown Delray Site 5/15/2009 Delray Beach GIS MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 13, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 19, 2009 AMENDMENT NO. 1 TO AGREEMENT/FLORIDA HIGHWAY PRODUCTS, INC. ITEM BEFORE COMMISSION Requesting Commission approval/authorization for Mayor to execute a contract amendment with Florida Highway Products Inc. (FHP) for microsurface paving of existing City streets. Total cost of this amendment is $38,738.30. BACKGROUND On April 21, 2009, FHP was awarded the City's annual resurfacing contract utilizing a process called microsurfacing. The cost of this project was $195,150.54. The City of Delray Beach has received Community Development Block Grant (CDBG) funding that can be used to offset some of the cost of this resurfacing contract. As a result the contract with FHP has to be amended to include all federal requirements. The availability of the grant funding also allows the City to resurface more streets in the CDBG target area. Streets to be added include: NW 3rd Av - NW 2nd St to NW 3rd St NW 8th Av - Atlantic Av to NW 1st St NW 13th Av -Atlantic Av to NW 2nd St NW 14th Av -Atlantic Av to NW 2nd St Attachments include contract amendment, federal requirements, cost estimate and locations maps. FUNDING SOURCE 118-1965-554-63.11 RECOMMENDATION Staff recommends approval. AMENDMENT NO. 1 TO THE AGREEMENT WITH FLORIDA HIGHWAY PRODUCTS, INC. THIS AMENDMENT NO. 1 to the Agreement is entered ~ into this day of 2009, by and between the City of Delray Beach, Florida, a Florida municipal corporation ("City") and Florida Highway Products, Inc. ("FHP") WITNESSETH: WHEREAS, the City recently received Federal grant money regarding the upkeep of streets in certain areas of the City; and WHEREAS, the City recently entered into a contract with FHP regarding the resurfacing of certain streets in the City; and WHEREAS, the parties wish to add certain streets in the area that is subject to the grant funds. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Amendment. The Agreement is hereby amended as follows: The City wishes to add the following streets to the project: NW 3rd Av - NW 2nd St to NW 3rd St NW 8t" Av - Atlantic Av to NW 1St St NW 13t" Av -Atlantic Av to NW 2nd St NW 14t" Av -Atlantic Av to NW 2nd St The cost of paving the streets is listed in Exhibit "A", attached hereto and incorporated herein, and the work shall be completed within 60 days of the execution of this Amendment. FHP shall also comply, in addition to the terms and conditions listed in the underlying agreement, to the provisions listed in Exhibit `B", attached hereto and incorporated herein, for the resurfacing of the streets listed above. 3. Full Force and Effect. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESS: (print or type name) STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor FLORIDA HIGHWAY PRODUCTS, INC. By: Name Printed: Title: The foregoing instrument was acknowledged before me this day of 2009 by of a corporation, on behalf of the corporation. He/She is personally known to me/or has produced (as identification). Signature of Notary Public 2 d~~f ,~ ,~. ir-ics,rieda r-iTaway t~'~rn~d ircts. Inc. 1 .,i~ ! ~ ~T'~': r",:' 1' 1 _`_. L~„ aiw .. !""_. 43i-ti66.4?~tJ Z'dY.: ~T,3~7€3"~l]1 TC}: Randal L. ICrejcarek P. E. City of Delray Beach 434 5W Swinton Delray Beach, Fl. 33844 56I-243-7298 Type of work: Date:1/OS/2009 job Location:Delray Beacll Salesperson: P. Carlisle Project Mgr: Est. Start Date: Match April if a>avlicable, see attached Street list Item r" Description Estimated Quantity ITnits Unit Price Extended. Price $ - Double Micro Surface Treatment 7622 SY $ 3.59 $ 27,362.95 Crack Seal (estimated) 30fl Ga] $ 16.00 $ 4,800.00 leveling/ Rui Fill (estimated) 15 Ton $ 239.00 $ 3,5$5.00 $ - $ - $ - $ - $trir~ing (see attarll.ed list) 7 ~" 2,990.32 $ 2,990.32 $ - $ - `~ - S - S - Quotatianprepared by: 'fltis is a quotation on the goods named., subject to the conditions anted below: SllbtOtal $ 3$,73$.30 (All material is guaranteed to e as specified- All work to be competed in a workmanlike manner according to standard practices. AIL alterations or deviation from the above specifications involving extra casts will be execctted only upnn written orders, and will become an extra charge over the above proposal estima{e. Our wprkers are hiliV covered by Total Based Oil. Est. Qty~S $ 3$,735.30 \ame Thank you far considering Florida Highway 1'raducts, for your Pavexr-ent and Roadway ~Jfanagement needs. Page 1 of 1 i=ederai Labor Standards Provisions u,5. Department of Housing and Urban Development Office of Labor Relations Applicabllfty The Prq}gct or Program to which the construction work covered by this contract pertains is being assisted by the United States aF America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (k} Mlnlmum Wages. All laborers and mechanics em- ployed or working upon the site of the work will he paid uncondi- tionally and not lass often than once a week, and without subse- quent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secre- tary of Labor under the Cgpeland Act (29 CFR Bart 3), the full amounE of wages and bona tide fringe bane#lts (or cash equiva- lents thereof} due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, re- gardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Wotan Act an behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv}; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weakly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classi- fication of work actually performed, wsEhout regard to skill, except as provided in 29 CFFi 5.5(a)(4). Laborers or mechanics per- forming work in more than one classification may be compensated at the rate specified for each classification for the time acteally worked therein: Provided, That the employer's payroll records accurately set Earth the time spent In each classification in which work is performed. The wage determination (including any addi- tional classification and wage rates con#ormed under 29 CFR 5.S(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at ail times by the contractor and its subcontractors at the site of the work fn a prominent and accessible, place where it can be easily seen by the workers. (li) (a) Any class of laborers or mechanics which is not fisted in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage deter- mination. HUD sfrall approve an additional classification and wage rate and fr'snge benefits therefor only when the following criteria have been mgt (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2} The classification is utilized in the area by the construction industry; and {3} The proposed wage rate, including any bona fide fringe ben• efits, bears a reasonable relationship to the wage rates contained in the wage determination. (ls) if the contractor and the laborers and mechanics to be em- ployed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee #o the Administrator of the }Wage and Hour Division, i:mployment Standards Administration, U.5. Department a# La• bor, Washington, D.C. 20210. The Administrator, ar an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HU^ or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification ar their representatives, and HUD or its designee do not agree an the proposed classifioation and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommenda- tion of HUD ar ifs designee, to the Administrator for determina- tion. The Administrator, or an authorized representative, will is- sue a determinatlonwithin 30 days of receipt and so advise HUD or its designee ar will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and budget under OMB Control Number t2tS- 0140. ) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para- graph, shall be paid to alt workers performing work in the classili- catian under this contract from the first day on which work is per- formed in the classification. {ill} Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay an- otherbona fide fringa benefit or an hourly cash equivalent thereof. (iv} If the contractor does not make payments to a trustee or other third person, the contractor may consider as pare at the wages of any Taborer or mechanic the amount of any costs rea- sonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis-Bacon Act have been met. The Secretary ofi Labor may require the contractor to sat aside in a separate ac- count assets for the meeting of obligations under the plan or pro- gram. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Witttholding. HIJD ar its designee shall upon its own action or upon written request of an authorized representative of the De• partment of Labor withhold or cause to be withheld from the con- tractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued pay- ments or advances as may be considered necessary to pay la- borers and m®chanics, including apprentices, trainees and help- ers, employed by the contractor or any subcontractor The foil amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, ail or part form WUU•4~1t] (07!2003) ...1 V.,...I F.....L i7A.1 i Previous edttton Is obsolete Page t of 4 of the wages required by the contract, HUD ar its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary io cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written native to the contractor, disburse such amounts withheld for and nn account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall malts stash disbursements in the case of direct Davis-Bacon Act contracts, 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shalt be maintained by the contractor during the course of the work preserved for a period of three years thereaf- ter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secu- rity number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types describod in Section I(b)(2}(B) of the Davis-bacon Act), deity and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5,5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan ar program described in Sac- tlon I(b)(2)(B) of the Davis-Bacon Act, the contractor shall main- tain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially re- sponsible, and that the plan or program has been communicated in writing to the laborers nr mechanics affected, and retards which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the reties and wage rates prescribed in the applicable programs, (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (Ii} (aa) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUp or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set nut ac• curately and completely all of the information required to be main- tained under 29 GFR 5.5(a)(3)(i). This information may be submit- ted in any form desired. Optional Form WH-347 is available for this purpose and may be purnhased from the Superintendent of Documents (Federal Stock Number 029-005-00014-4 ), U. S. Gov- erzlmen# Printing Office, Washington, DC 20402. The prima con- tractor is responsible for the submission of Copies of payrolls by all subcontractors, (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "State- ment of Compliance; signed by the contractor or subcontractor or his or her agent who pays ^r supervises the payment of the per- sons employed under the contract and shall certify the following: (i) Thal the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 {a)(3)(i) and that such information is Correct and complete; (2) That each laborer ar mechanic (including each helper, ap- prentice, and trainee) employed an the contract during the payroll period has beam paid the #ufl weekly wages earned, without re- bate, either directly or indirectly, and that no deductions have been made either directly or indirectly Pram the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as speci#ied in the appli- cable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set Earth on the reverse side of Opticnaf f=orm WH-3a7 shall sat- isfy the requirement for submission of the "Statement of Compli- ance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of tfie above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 1$ and Section 23t of Title 31 of the Uniked States Cade. (iii) The contractor ar subcontractor shall make the records re- quired under subparagraph A.3.(i) available far inspection, copy- ing, or transcription by authorized representatives of HUD ar its designee or the Department of Labor, and shall permit such rep- resentatives to interview employees during working flours on the jab. tf the Contractor or subCOn#ractor fails to submit the required records or to make therm available, MUD or its designee may, after written notice to ttte contractor, sponsor, applicant ar owner, take such action as may be necessary to cause the suspension of any further payment, advance, ar guarantee of funds. Furthermore. failure to submit the required records upon request ar to make such records available may be grounds for debarment action pur- suant to 29 CFR 5.12. 4. Apprentices and Trainees. (I) Apprentices. Apprentices wilt be permitted to work al less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. ^e- j3artment of Labor, Employment and Training Administration, Of- fice of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his nr her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who is oat individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where apprppriatej to be eligible for probationary employment as an apprentice, The allowable ratio of apprentices to journeymen on the jab site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program, Any worker listed on a payroll at an ap- prentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the Classification of work actu- ally performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination For the wprk actually performed. Where a contractor is performing construction on a project in a locality other than chat in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rata speci#ied in the registered program for the apprentice's level of progress, expressed as a percentage of the farm MUD-4010 {07/20Q3) rel. hlandbook 1344.1 Previous edition is obsolete Page 2 of 4 journeymen hourly rate specified in the applicable wage determi- nation. Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program. If the appren- ticeship prvgramdoes not specify #ringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage deter- mination for the applicable classification. If the Administrator de- termines that a dif#event practice prevails far the applicable ap- prentice o#assification, #ringas shall be paid in accordance with that determination. In the event the pffica of Apprenticeship Train- ing, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- prenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the wark performed until an acceptable program is ap- proved, (il) Trainees. Except as provided in 29 GFR 5.16, trainees wit! not be permitted to work at less than the predetermined rate far the work performed unless they era employed pursuant to and individually registered in a program which has received prior ap- proval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the jab site shall not be greater than permitted under the plan approved by the Employment and Train- ing Administration. Every trainee must be paid at not less than the rate specified in the approved program far the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accardance with the provisions of the trainee program. if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship pragramassociated with the corresponding journeyman wage race on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the pay- roll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Adminis- trationshall be paid not Tess than the applicable wage rate on the wage determination Far the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less then the applicable wage rate on the wage determination far the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the con- tractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the wark performed until an acceptable program is approved. (iii) t=quay employment opportunl#y. The u#ilization of apprsn- tices, irainee5 and journeyman under 29 GFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The cantrac- tarshall comply with the requirements of 29 CFR Part 8 which era incorporated by reference in this contract 7. Contract termination; debarment, A breach of the contract clauses in 29 CFR 5.5 may too grounds for termination of the con- tract and for debarment as d contractor and a subcontractor as provided in 29 CFR 5.92. S. Compliance with Davis-Bacon and Rotated Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorpp- ratad by reference in this contract 9. Disputes concerning labor standards. Disputes arising cut of the labor standards provisions of this contract shall not be sub- ject to the general disputes clause of this contract. Such disputes shall be resolved in accardance with the procedures of the De- partment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any pf its subcontractors) and HUD ar its designee, the U.5. ^epartment of Labor, or the employees or their repre- sentatives, 10. (#} Gertlflcatlan of Eliglhllity. By entering into this contract the contractor certifies that neither it (nor he ar she) nor any per- son or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the ^avis-Bacon Act or 29 CFR 5.t2(a)(i) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (fi} No part of this contract shall be subcontracted to any person or #irm ineligible far award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act ar 29 CFR 5.12(a)(1 } or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. {iii) The penalty for making false statements is prescribed in the U.S. Criminal Cade, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.5_G., "Federal Housing Adminis- tration iransarlions", provides in part "Whoever, for the purpose of ...influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to ba false..... shall be fined not more than $5,000 or imprisoned npt more than two years, or both:' 11. Camplalnts, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be dis- charged or in any other manner discriminated against by the Con- tractor or any subcontractor because such employee has filed any complaint ar instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicabio under this Contract to his employor. B. Contract Wark Hours and Safety Standards Act. The provi- sions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1 } Overtime requirements. No contractor or subcontractor con- fi. Subcontracts. Tha contractor pr subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUq or its designee may by appropriate instructions require, and a cppy of the applicable prevailing wage decision, and also a Clause re- quiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible For the compliance by any subcontractor ar tower tier subcontractor with all the contract clauses in this paragraph. Previous edition is obsolete Pg! fretting for any part pf the contract wark which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which ha or she is employed on such wark to work in excess of 40 hours in such work- week unless such laborer or mechanic receives compensation at a rate not less than one and one-halt times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2} Violation; liablNty for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in subpara- farm HUD•4010 (07/2[}03) ]e 3 of 4 ref. Handbook 9344.1 graph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addi- tion, such contractor and subcontractor shall be tiabla io the lJnited States (in the case of work done under contract for the District of Columbia ar a territory, to such ©istrict or ko such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 far each calendar day on which such individual was required or permit- ted to work in excess of the standard workweek of 4t) hours withou! payment of the overtime wages required by the clause set forth in sub paragraph (t) of this paragraph. (3) Wlthholdtng for unpaid wages artd liquidated damages. HU€7 or its designee shall upon its own action or upon written request of an authorized represemative of the Qepartment of La- bor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, ar any other Federally-assisted contract subject to the Contract Work hfours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such con- tractor orsubcontractar far unpaid wages and liquidated damages as provided in the ClaUSe set forth in subparagraph (2} pf fhis paragraph. (4) Subcontracts, The contractor or subcontractor shad insert to any subcontracts the clauses set forth in subparagraph (1) through (4) a# this paragraph and also a clause requiring the sub- contractors to include these clauses in any lower tier subcontracts. The prime contractor shaft be responsible for compliance by any subcantrac#or or lower tier subcontractor with the clauses sat forth in subparagraphs (1) through (4} of this paragraph. C. Health and Safety. The provisions of this paragraph C are ap- plicable only where the amount of the prime contract exceeds {Z) No laborer ar mechanic shaft be required to work in surround- ings or under working conditions which are unsanitary, hazard- ous, or dangerous to his health and safety as determined under construction safety and health standards promulgated bythe Sec- retary of Labor by regulation- (2) Tha Contractor shall comply with aA regutations issued by the Secretary of Labor pursuant to Title 28 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Con- tract Wark Hours and Safety Standards Act, 4Q USC 37Q~,,et sea. {3) "I'fhe Contractor shalt include the provisions of this para- graph in every subcontract sa that such provisions will be binding on each subcontractar_ The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and l3rban Development or the Secretary of Labor shat) dlrec# as a means of enforcing such provisions. form HUD•4p1p (0712003} ref. Handbook 1344,1 Previous edition is obsolete Page 4 of 4 Introduction his Guide has bean prepared far you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis-bacon prevailing wage require- ments. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are applicable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed m the Contract- ing officer who signed the contract for the Federal agency. Our objective here is to provide you with a guide which is simple and non- bureaucratic yet comprehensive and which wilt help you better understand and comply with Davis-Bacon labor standards. HUD's Office of Labor Relations worked closely with the Department of Labor's Wage and Hour Division to make sure chat the labor standards provisions in your contract and the specifics of complying with them represent the latest information, ]t is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-ta-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding. There are three chapters in this Guide. The frst chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what's in your contract that requires Davis-bacon compliance and your responsibilities. The second chapter deals with labor standards and payroll reporting requirements. The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been} paid and any back wages that may be due. Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the purpose of this Guide, we are assuming that a determination has already been made that Davis-Bacon wage rates are applicable. Should you wish assistance in determining whether Davis-Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HU^ Labor Relations Field staff for your area. If you don't know which staff to contact, a lisc of labor Relations field offices and their geographic areas and telephone numbers can be found on HUD's Home Page at the address below. Visit the office of Labor Relations on the World Wide Web HUD Home Page at: http://www: hudgoy/o~cesJalr Obtain additional copies of this Guide and other publications at our web site or by telephone from HUD's Customer Service Center at (800} 767-7466. Table of Contents Introduction ............................................................................................... i CHAPTER 1. Laws, Regulations, Conttracts and Responsibiiitiies - I Davis-Bacon and Other Labor Laws .................................. I - I a. The bavis-Bacon Act {DBA) ........................................................ I-1 b. The Contract Work Hours and Safety Standards Act c. The Copeland Act (Anti-Kickback Act) ........................................ I -2 d. The Fair Labor Standards Act {FLSA) .......................................... I-2 -2 Davis-Bacon Regulations ........................................................ I-2 -3 Construction Contract Provisions ...................................... I -2 1-4 Responsibility of the Principal Contractor ..................... I -3 -S Responsibility of the Contract Administrator .............. i -3 CHAPTER 2. How to Comply with Lobar Standards and Payroll Reporting Requirements SECTION 1-THE BASICS 2-! The Wage Decision ............................................................... .... 2-~ a, The work classifications and wage rates ................................. .... 2-I b. Postirl$ the wage decision ....................................................... .....2-2 2-2 Additional "Trade" Classi~catians and Wage Rates ...................................................................... .....2-2 a. Additional classification rules ................................................... .... 2-2 b. Making the request .................................................................. .....2-2 c. HUD review ............................................................................ ..... 2-3 d. DOL decision ........................................................................... .....2-3 2-3 Certifed Payroll Reports ................................................... ..... 2-3 a. Payroll formats ........................................................................ ..... 2-3 b. Payroll certifcations ................................................................ .....2-4 c. "No work" payrolls .................................... . 2-4 d. Payroll review and submission ................................................ ..... 2-4 e. Payroll retention ...................................................................... ..... 2-4 f. Payroll inspection .................................................................... .... 2-5 2-4 Davis-Bacon Definitions .......................................................... z-5 a. f_aborer or mechanic ................................................................ .. 2-5 b. Empioyee .................................................................................. .. 2-5 c. Apprentices and trainees .......................................................... .. 2-5 d. Prevailing wages or wage rates .................................................. 2-b e. Fringe benefits ........................................................................... .. 2-7 f. Overtime ................................................................................... .. 2-7 g. Deductions ................................................................................. . 2-7 h. Proper designation of trade ...................................................... .. 2-$ i. Site of work ............................................................................... .. 2-8 SECTION II -REPORTING REQUIREMENTS 2-5 Completing a Payroll Report .............................................. .. 2-8 a. Project and contractorlsubcontractor itformation ................. .. 2-9 b. Employee information ............................................................... .. 2-9 c. Work classification .................................................................... .. 2-9 d. Hours worked ........................................................................... .. 2-9 e. Rate of pay .................................................................................. 2-9 f. Grass wages earned .._. ............................................................. 3-10 g. Deductions ................................................................................ 2- I 0 h. Net pay ..................................................................................... 2-10 i. Statement of compiiante .......................................................... 2- I ~ j. Signature .................... .................................~-~,........................ 2-! I SECTION III -PAYROLL REVIEWS AND CORRECTIONS 2-6 Compliance Reviews .............................................................. z-! I a. On-site interviews ..................................................................... 2-I I b. Project payroll reviews ............................................................. 2- I Z-7 Typical Payroll Errors an d Required Corrections .................................................. 2-I I a. Inadequate payroll information ................................................. 2-12 b. Missing addresses and Socia! Security Numbers .................... 2-12 c. Incomplete payrolls .................................................................. 2- i 2 d. Classiitcations ................................................ ........................ 2-IZ e. Wage rates ................................................................................. 2-12 f. Apprentices and trainees .......................................................... 2-12 g. Overtime ................................................................................... 2-12 h. Computations ............................................................................ 2-13 I. Deductions .............................................................. .... 2-I 3 j. Fringe benefits ........................................................................... 2-13 k. Signature ........................................................... ...,.... ................ 2-! 3 !. On-site interview comparisons ................................................ z- 13 2-8 Restitution far Underpayment of Wages ..................... z- 13 a. Notification to the employer/prime contractor ..................... 2-13 b. Computing wage restitution ..................................................... 2- 14 c. Correction payrolis ................................................................... 2-I4 d. Review of correction CPR ........................................................ 2- E 4 e. Unfound workers ...................................................................... 2-14 CHAPTER 3. Labor Standards Disputes, Ac~ministratnre Reviews, Withholding, Deposits and Escrow Accounts, and Sanctions 3- I lntrvduction .......................................................................... ....... 3- f 3-2 Administrative Review on labor Standards Disputes ..................................................... 3- I a. Additiana! cfassifrcaCions and wage rates ......................................3-I b. Findings of underpayment ............................................................ 3-2 3-3 Withholding ..................................................................... .... 3-2 3-4 Deposits and Escrow Accounts ............................................ 3-3 3-5 Administrative 5anctions ....................................................... 3-4 a. DOIw debarment ...........................................................................3-4 b. HUp sanctions ............................................................................. 3-4 3-8 FaEsificatian of Certi#ied Payroll Reports ......................... 3-4 Index ....................................................................................................... A-I Acronyms and Symbols ................................................................... A-3 Davis-Bacon -- Related Web Sites ............................................... A-3 ~xh ibits HUD-4720, Project Wage Rate Sheet ............................................. A-4 WH-347, Payroll Form ..................................................................... A-5 Statement of Compliance .................................................. A-~ 3. Y '~ .~ m :;,,~ - he following paragraphs describe what the labor standards laws and n, regulations actually say and what they mean to you on HUD projects: ~ ' ' ~ ° ~ a. The ®a~is-Bacon Act (D BA} The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Lobar) to alf laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, '4 ° of public buildings or public works. ~~ ~ ~, Mast HUD construction woi-lt is trot covered by the D13A itself sure NUD s~,1d~„~, contracts directly far construction services. Most often, if Davis-B3can wags rates ~r~ply to a HUD project it is because of a labor P`ovision tor~tait~ed ire one of HUi~'s "Relatezi `~ ' Acts" such as tl~e U.S.' Hausirrg Act of 1937, tine ~lational Housing Act, the Housing: anti C:vrr7rr~unity Deveioprr~er<t Act of I X74, ti-te l~tationai Atsordai~le Housing Act of 199{x, ar~d the dative Arrrerican Hc~~rssr~g Assistance and-Serf-DPterft~i>~ation Act of 1995. The'' Related Acts are often referred to ~s the Davis-Bacon and Related :Acts or ~~~. f b. The Contract 1oVork 1-#ours and " "~~ `~' ~7~;,=~, l~W Safety Standards Act {CWHSSA) 3 ~~ CWHSSA requires time and one-half pay far overtime (O/T} hours - ~ . ~~` (over 40 in any worl<weel<} worked on the covered project. The =~~'•~` ~.:~, CWHSSA applies to both '~'" ~- '`~ direct Federal contracts and CWHSSA does not apply to prime contf acts of ~ # C10.C1013 or less. lr~- to indirect Federally-assisted addition, sorrte HUD projects a~°e not covered lay CWHSSA because contracts except where the some HUD programs only provide foaE3 guarantees or insurance. assistance is salefy in the I CWHSSA also does not apply to ct~n5truction or rehabilitatic~rt nature of a loan guarantee ar f contracts that are trot subject to Federal prevailing wage rates (e.g., insurance. CWHSSA viola- ©avis-Bacon wage testes, or HUD_determined rates for c~~eration of bons carry a liquidated public housing and lndtan block grant-assisted; housing~l. Ht~wever, damages penalty ($ l 0/day per j even :though CINNSS,4 overtime' pay is .root rerluired, 1=alt' Labor Standards Act (FLSAj overtime pay is probably still applicable. (See: violation). Intentional viola- I also Labor Rclattons Letter- SL-95-O 1, CWHSSA Covernge tf~~'esl~old for tions of CWHSSA standards `' pvertime ctr~d 17ealth and safety ~rovisrons, available on-line at the HUD can be considered for Federal Labai- RelatiQrrs Ubrary at: www.l~ud.govfofrices~rlr;~l r,t-ary:~fmj , criminal prosecution. '; c. The Copeland Act (Anti-Kickback Act) .~._ -- ----7 C14~~i Lj5 '1~ at: i The Copeland Act makes it a Federal crime far anyone to require any laborer ar mechanic (employed an a Federal ar Federally- assisted project} to kickback (i.e., give up or pay back} any part of their wages. The Copeland Act requires every employer (contrac- tors and subcontractors) to submit weelcly certifed payroll reports (CPRs) and regulates permissible payroll deductions. d. The fair Labor Standards Act (1FLSA) The FLSA contains Federal minimum wage rates, overtime (O1'T'), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. The Department of Labor {DOL} has published rules and 'instructions concerning Davis~Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title Z$ Cl"R Parts !, 3, 5, 6 Arad 7. Part ! expla'sns how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements far payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis-Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part d provides for administra- tive proceedings enforcing Federal iabor standards on construction and ServiC:e c[73~Cf'aCis. Last, Pc7P'C i SctS paramEtcrS far pr act4Ce before the Administrative Review Board. These regulations are used as the basis far administering and enforcing the laws. Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and aDavis-Bacon wage decision. These documents are often bound into the contract specifications. a. The Labor Standards Clauses The Tabor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of viola- tions, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract adminis- trator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-~55~, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used far CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction -- Public and Indian Housing Program. ®avis-Bacoet lhrage The Davis-Bacon wage decision {or wage determination) is a fisting of various construction work classifications, such as Car- penter; Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people perform- ing work in those classifications must be paid. .~ . Avis- aeon wage decisions are established by the DUL for r ': various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified A11 current DavismSacori wage from time to time to keep them current. In most ' decisions ~_ar~ Lie accesser~ on-line cases, when the contract is awarded or when construe- at ~~G cost at: tion begins, the wage decision is "locked-in" and no i,y~,t,yt,4vdolgov future modifications are applicable to the contract or project involved. --,~,,~ The principal contractor {also referred to as the prime or genera! contractor) is responsible far the full compliance of all employers (the contractor, subcontractors and any Power-tier subcontractnrs} with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his~her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.} The contract arlministratvr is responsible for the proper adminis- tration and enforcement of the Pederal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person {or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner; sponsor, architect), including providing the proper Davis-Bacon wage decision {see 112-f ,The Wage ®ecision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see 112-5, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll re- ports, and oversees any enforcement actions that may be required. The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered direaty by HUD staff usually FHA-insured multtfamify projects, the contract administrator wr!! be the HUD Labor Relations field staff: $ut many HUD-assisted projects are administered by focal contracting agencies such as Public Housing Agencies {PHAs), Indian tribes and tribafly-designated housing entities {TDHEs}, and States, cities and counties under HUD's Community Development Block Grant (CDBG} and HOME programs. !n these cases, the can- tratt adtrrinrstrator will likely be local agency staff. In either case, the guidance for you remains essenrially the same. The DOL also has a tale in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit bavis-bacon construction sites to interview construction workers or review payroll information. ~ W ~ ~_ ~. 4 iC ~ •:. p i'~d. ..~ ~. 1 ~ ~ 'y 9ny~ :F r~ a k e~wE Y~ 6.$~ i.CB.F L~ Now that you know you're on a Davis-Bacon project and you know some of the legal and practical implications, what's next? r~,~ "~ '-~iE Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Prurrrbers, Rowers, Laborers, and ---- --- - other construction work classifications that may be needed Re~nerx~b for the project. The Davis-Bacon wage decision that ! is Cantairi, applies to the project contains a schedule of work classifi- ~ specificat cations and wage rates that must be followed. If you don't i labar star have it already (and by now you should), you'll want to get ~Q~starr-fr a copy of the applicable ®avis-Bacon wage decision. ~ - a. The Wor]< Classifications and Wage Rates A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You'll want to make sure that the work classification{s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and~ar types of construction work {for example, residen- tial and commercial work} and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or focal agency staff) if you have any trouble reading the wage decision ar finding the work classification(s) you need. To rrtal<e r~eadir~g Eer~get~y wage decisions easier' for- yau, the cantract ac{n~inistratar n-~ay prepare a Praject Wage Rate Sheet ~HUt7-4720). ~'his`Sl~eet is aone-page; transcript that v~ili sht~vu oniy`the e'sassificatons and wage: rates far a p<irticulai- project. A blank copy of a Project Wage Rite Sheet is praviciecl for yo~l in the appendix. Also, a finable versian of this forrr~ is ttvaila#~le an-lure at HUID~Iips (see ~nreb address in the Appendix). Cnntact tl~e contract adrnir~istr~tor- rr~onitoring youi~ project for F assistance with a Prajert Wage Rate Sheet_ (;~2 W3~E (~LaCiSiG~f7 In t~'iP_ c ontr-act aiong with ti ~e ~~s r_!a~ Eses. See 11-3, Cantrc~.-t Arnvisiot~ :. b. Posting the Wage ~ecislan If you are the prime contractor, you wi11 be responsible for posting a copy of the wage decision (ar the Project Wage Rate Sheet) and a copy of a D4L poster called Notice to AJf Employees {Farm WH- 132 I) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won't be destroyed 6y wind or rain, etc. The Notice to A11 Employees poster is available an-line at HUDCIips {see address in the Appendix). 2-2 Additional `"T"rade" Classifications and Wage Rates What if the work classiiicatio» you need isn't an the wage decision2 If the work classification(s) that you need doesn't appear on the wage decision, you will need to request an additona! Classifica- tion and wage rate. This process is usually very simple and you'll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications, you'll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized far you here: a. Atlditionaf Classification mules Additional classifications and wage rates can be approved if: I) The requested classification is used by construction contrac- tors in the area of the project. (The area is usually defined as the county where the project is located). 2) The work that will be performed by the requested classifica- tion is not already performed by another classification that is already on the wage decision. {In other wards, if there already is an Electrician classification and wage rate on the wage decision you can't request another Electrician classification and rate.) 3) The proposed wage rate for the requested classification "fits" with the other wage rates already on the w~;e decision. {For example, the wage rate proposed for a trade classification such as Electrician must be ax {east as much as the lowest wage rate for other trade classifications already contained in the wage decision,) And, 4) The workers that will be employed in the added classification (if it is known who the workers are/will be}, or the workers' representatives, must agree with the proposed wage rate. b. Making the Request A request for additional classification and wage rate must be made in writing through the contract administrator. {lf the contract administrator is a local agency, the agency wiq send the request to the HUD Labor Relations staff.) if you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recom- mend swage rate {usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classifcation will perform. c. E-9UD ~.evieae The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. if addi- tional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) far more information, ete. If the Labor Relations review frnds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a cagy of the preliminary approval referral letter to the DOL. If the HUD Labor Relations staff doesn't think the request meets the rules and if agreement can't be reached on the proper classifaM cation or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn't be approved. The DOL still has final decision authority. You will receive a copy of the disapproval referral letter to the DOL. d. DDL Decision The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval native on the job site with the wage decision. if the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the warl< in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommen- dation approved, i -- - --- -- -- -- - #t's a#ways a gaud ides to tallz to the contract adrninistr-ator bed C classification anc# wage rate r-i?gr.rest; The contract adrnir~istrato ~ ac)vice that may save you time and increase the lil«lihood t#3at' tJsualEy. the contract aclmirtistrator- can give you an idea about 1 r~ ~ You'll need to submit a weekly certified payroll report (CPR) begin- ning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It's always a goad idea to i ~ - - ~ ~ LL u~y number the payroll reports beginning with ~ You are not requ1fe` # l and to clearly mark your last payroll far i for-m WI•-#-347: Yor the project "Final." ~ use any other type.. pan offer sdggestic~t~s ~,nd DL wi[# approve your t-equest. rat the DOE. wi#I final'y ~i~cide. 'to use Payroll at-e welcorze to a. payroll Formats contains: a}( ©f tl-re info The easiest form to use is DOL's requir°ed on t#to WH= WH-347, Payroll. A sample copy of the =---- __..--_-'::' WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDCIips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. ~.s i E' -gar i ~. Payroll Certifications The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll cea-ti~catian language is on the reverse side of the WN-347. If you are using another type of payroll format you may attach the certification from the back of the WH-347, or any other format which contains the same certification lan- guage on the WH-347 (reverse). DLL's website has Payroll instructions, and the Payr-oli Forrrr V1~H-347, in a "~illabie" PDF forr~r~at at this address: wvtvav. dal.go~r/es~'~r-r~r~s%df~ra,' far°n~s.h~,rr-r acrd at ~ltIL3Clips. ii yvu ;.u. i i~v-i r~.ui ~ccr~ v:.i I ~p~~TS cr~~15P_f~LSCIVt'.ly, i you da o~ot ~~eed to st~#~~~,~iit "r~o ~r~~~rl<" p2yr-olls'. i c. "1•!0 ~Vorlc" Payrolls "Na work" payrolls may be submitted whenever there is a temporary break in your wnrlc an the project, far example, if your firm is not needed on the project right now but you will be returning to the jab in a couple of weeks. (See Tip Box, befow, for "no work" payro!! exemption?) However, if you know that your firm wilt not be working on the project far an extended period of time, you may wish to send a short Hate to the contract adminis- trator to let them know about the break in work and to give an approximate date when your firm will return to the project. If ~~ y^vu Sen a r3nte, you n Hat need to s'e'nd ~i., Yvark" payrGllS. d. 1Payroll Review ancf Submission The prime contractor should review each subcontractor's payroll reports for compliance prior to submitting the reports to the contract administrator. Remember, the prime contractor is respon- sible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports far any project must be submitted to the contract administrator through the prime contractor. Arr aier~ pr~irr3e cor~tractar that reviews subcontractor payro#l subrnrssians Carr detect ary misunderstandings early, nreuent cost#y ur~dd~-payrr~ents and protect itself ~ frotrr financial loss should underpayments Qcct~r e. Payroll Retention Every contractor {including every subcontractor) must keep a complete set of their own payrolls and other basic records such as time cards, tax records, evidence of fringe benefit payments, for aDavis-Bacon project far at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project. f. ~-ayrali Irtspectit~n In addition to submitting payrolls to the contract administrator, every contractor {including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL. Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These de#initions can help you understand what will be required of you: a. ~.alborer or (Mechanic "Laborers" and "mechanics" mean anyone who is performing construction work an the project, including trade journeymen {carpenters, plumbers, sheet metal worlEers, etc.), apprentices, trainees and, for CWHSSA purposes, watchmen and guards. "Laborers" and "mechanics" are the two groups of workers that must be paid not less than Davis-Bacon wage rates. I) Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered "laborers" and "mechanics" for labor standards purposes for the time spent performing construction work. ~) Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. {Contact the contract administrator if ynu have any questions about whether a particular employee is excluded.) i~ Employee Every person who performs the work of a laborer or mechanic is "em~layed" regardless of any can- l tractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor t must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Nate that there are no exceptions to the prevailing wage requirements for relatives ar fnr self-employed ` laborers and mechanics. r l~elatirsns welt site (see the list of vveb addresses in the Jkj~pendix). c. Apprentices and Trainees The only workers who can be paid less than the wage rate on the wage decision for their work classification are "apprentices" and "trainees" registered in approved apprenticeship or training ar" rrtore nfc ion about workingsub- e contract ~~En-tinistratcsr ~r Relations Field Staff fot~ l~tiors Letter LR-96-Q l , tphar~ce requtremerrts ~'or xs arrd mechanics. l~abos- ~d atsler helpful Lobar sel lei lie Lal programs, including Step-Up apprenticeship programs designed for Davis-Bacon construction work. Approved programs are those which have been registered with the DOL or a DOL- recognized State Apprenticeship Council (SAC). Apprentices and trainees are paid wage rates in accordance with the wage sched- ule in the approved program. ', Most often, tine apprentice/trainee ~tivage rate Is ', expressed as a series rif per-centages tied ro the ar~~~trnt of time spent in the program. For example, 0-6 months: b5",'o; b months -~ f year: 7Q~'o; etc. The per~~entage is applied to the journeyman~s wags rate. Ors ^avis-Bacon projects, tine per~~entage mist be ', applied to th? journeyma~~'s wage rate on the ', ap~lical3le w~c~ge decision for that craft- j I) Probationary apprentice. A "probationary apprentice" can be paid as an apprentice (less than the rate on the wage decision} if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice. ~) Pre-apprentice. A "pre-apprentice", that is, someone who is not registered in a program and who hasn't been DOL- or SAC-certified for probationary apprenticeship is not consid- ered to be an "apprentice" and must be paid the full journey- man's rate on the wage decision for the classification of work they perform. ~1 RatiG+ of apnrentir_es and trainees to ;oearneymert. The maximum number of apprentices or trainees that you can use on tfre job site can not exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. d. Prevailing Wages or Wage Rates Prevailing wage rates are the wage rates listed on the wage deci- sion for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage deci- sions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe beneft rate to the basic hourly rate unless you provide bona frde fringe benefits for your employees. I) Piece-work. Some employees are hired on a piece-work basis, that is, the employee's earnings are determined by a factor of work produced. For example, a Drywall Hanger's earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter's earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked. Accurate time records must be maintained for any piece-work employees. If the weekly piece rate earnings are not sufficient, the employer must recompute weeldy earnings based upon the actual hours worked and the rate on the wage decision for the work classification{s) involved. e. Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits dv no€~ include employer payments or contributions required by ether Federal, State or loco! laws, such as the employer's contribution to Social Security ar some disability insurance payments. ,dote that tl~e total hoe_Irly wage rate paid to any laborer- or mechanic {basic vrage or basic wage plUS fringe benefits} may be no less than the total wage rate (basic wage or basic swage plE.ts fringe benefits} on t€ie wage decision for ti~eii r_raft, if the value of t#ie frlr;ge benefit{s} yat~ k''>`ovid~: is less than tic fr-logo benefit rate on the wage decision, yi~Ea will need to add the b~ilance bf the wage tl~cision fringe benefit rate to t#~e basic rate paid to the enr~~loyee. i=or exarr,pie, if the wage dr'cisicn r Pc~uires ~ (U~ hour basic r ate plus $S!hour fringe benefits, you must pay no less tl-ran that total 1'$ i 5/hour) in the basic r ate oi- basic rate plt,s whatever trrnge benefit yof.~ rt~ay prr~uE~~. You r_an meet this Qb€igation in several ways: you could pay the base tiyage and fringe benefits as stated in tl~e wage decision, or yor, tau€d pay $15 in basewag~ with'n~ fringe benefits, or you could ~y X12 basic plus ~3 fringe benefits- 'fou earl also o~-set t:l~e arnaur~t of the base wage if you pay mare its fringe benefits such as d,y paying or- $9 basic plus 'fib fr ir3ge benefits; as long as yap, meet the Iota! ;~rnount. Ti3e arr'raunt of the base viage that yo~~ nay off-set v~itl~ fr#rtge benefits is limited by C~r~ain lR5 ;~r,d FI-SA r!~tslremPn*s_ Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one~half times the regular rate of basic pay plus the straight-time rate of any required fringe ben- efits. illtll 47J ~V31C-1 Edrt L>i .j7 r:U, kl IC wd~4'jC UCI,i SSUI:E iJWil Yc[LC~ fir a tat~l of $20 per hour'. ~• You may make payroll deductions as perm'stted by ©OL Regula- tions 29 CFR Part 3. These regulations prohibit the employer from requiring employees to "kick-back" (i.e., give up) any of their earnings. Allowable deductions which do eat require prior DOL permission include emp€oyee obligations for- income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any ether legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgements and other financial obligations legally imposed against the employee. h. Proper ®esignatiors of 'Trade You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be pa'sd no less than the wage rate on the wage decision for Carpenters even if they aren't considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs. !) Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each work classification in which work was perforrr~ed only if you maintain accurate time records showing the amount of time spent in each classifica- tion. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i. Site of Work The "site of work" is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. "Site of work" can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project. ' '' ~_ ~ m~ - ~'~ What information has to be reported on the payroll form? The weekly payroll form doesn't ask for any information that you don't already need to keep far wage payment and tax purposes. 1=or example, you need to know each employee's name, address and soda.! security number; his or her wvrlc classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the .net amount paid (how much should the paycheck be made out for?). No mare informa- tion than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more informa- tion than you need to keep for IRS, Social Security and other tax and employment purposes. You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator's review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quiddy. a. Project and Contractor/5ubcontractar lnivrmation Each payroll must identify the contractor or subcontractor's name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended. b. Employee lnfarmation The first payroll on which each employee appears must contain the employee's name, address and Social Security Number. Afterward, the address and Social Security Number only need to be reported if there is a change in this information. c. Work Classi~icativn Each employee must be classified in accordance with the wage decision based on the type of work they actually perform. 1) Apprentices or Trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of chat apprentice's or trainee's registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and raxios shall also accompany the first payroll on which the first apprentice or trainee appears. 2) SpiiE classifications. For an employee chat worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the rota! gross amount earned for all classifications. d. Hours Worked The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and Iota[ weekly hours for each employee. If an employee performs work at job sites other than the project far which the payroll is prepared, those "other job" hours should not be reported on the payroll. In these cases, you should list the employee's name, classification, hours for this project only, the rate of pay and gross earnings far this project, and the gross earned far ai! projects. 1:3eductions and net pay may be based upon the employee's total earnings {for all projects) for the week. e. Rate of Pay Shaw the basic hourly rate of pay for each employee for this project. H the wage decision includes a fringe benefit and you do not participate in approved fringe benefrc programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked. I) Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee's piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration far any overtime hours. The effective hourly rate must be reflected on the certified payroll and the hourly rate may be na less than the wage rate {including fringe benefits, if any} on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is na less than the rate on the wage decision for the classification of work performed. Rer~~en~t~er, t}~e everti~~e rate. is compitt~d at ~ orie and one-half tir~~es t#~e basic rate of pay plus any fringe ber~~f;ts. for exar~~pie, if t3-re ~Nage I decision t-Pgtrires $ l OJI~c~ur basic plus $5lhorlr fringe benefits, t#~e overtime rate weld be: x$10 x I !;:~~ = `~5 = ~20,~'ho€Jr- Gross Wages Earned Show the gross amount of wages earned for work performed an this project. Note: For employees with work hours and earnings on other projects, you may show gross wages far this project over gross earnings all projects {for example, $425.4f11$~64.85) and base deductions and net pay on the "all projects" earnings. g. ®eductions Show the amounts of any deductions from the grass earnings. °~ther" deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction {that is, not required by iaw or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collec- tive bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. h. P~tet Pay Show the net amount of wages paid. Statement of Compliance The Statement o€ Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying in€armation at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b} if the wage decision contains a fringe benefit. Check- ing 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4{b} indicates that you are paying any required fringe benefit amounts directly to the em- ployee by adding the fringe benefit rate to the basic hourly rate o€ pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c}. r Oi n1y one Staterrient of Cor~pEiance is r~gtrii-ed for cacf~ employer°'s v+reei~]y;payrQ#[ no matter hc~w rnarjy pages ~ are needed to report the er~3ployee date. G j. Signature Make sure the payroll is signed with an original signature. The payrall must be signed by a principal of the firm (owner or officer such as the president, treasurer ar payroll administrator} ar by an authorized agent (a person authorized by a principal in writing to sign the payrall reports). Signature authorization (for persons other than a principal} should be submitted with the first payroll signed by such an agent. SECTIQN 111 PAYRC?LL RE°V'IEWS AND CQRRECTIC'~NS 2-€~ Compliance Reviews The contract administrator ar other inspector may visit the project site and interview same of the workers concerning their employment on the project. The bOL may also independently conduct its awn reviews (see ¶ I -5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards require- ments have been met. You wil! be notified by the contract administra- tor if these reviews find any discrepancies or errors. You will be given instructions about what steps must be taken to correct any problems. a. On-Site Interviews Every employer (contractor, subcontractor, etc.} must make their employees available for interview at the job site with the contract administrator ar other agency representative, or HUD ar DOL representative- The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay, Every effort will be made to ensure that these interviews cause as little disruption as possible to the an-going work. The interviewer will record the interview information, usually on a form HUD- I I , Record a f Employee interview, and forward the interviews to the contract administrator. b. Project Payral! Reviews The contract administrator will compare the information an the interview forms ro the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifcations are submitted (where needed); employee or other authorizations far other deductions are submitted (where needed); etc. 2-7 Tylaical Payroll Errors and Required Corrections The following paragraphs describe common payroll errors and the corrective steps you must take. a. Inadequate Payroll Inlormation If an alternate payroll format used by an employer {such as some computer payrolls} is inadequate, e.g., does not contain alt of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls an an accept- able farm. b. Missing Addresses and 5ociai SecurFty Numbers If the first payroll on which an employee appears does not contain the employee's address and Social Security Number, the employer w'rlf be asked to supply the missing information. A short note providing the information is all that is needed. c. incomplete Payrolls If the information on she payroll is not complete, far example, if work classifications or rates of pay are missing, the employer will be asked to send a corrected payroll. d. Classlfitations If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision orthe employer may request an additional Classification and wage rate (see 112-2). If reclassifica- tion results in underpayment (i.e., the wage rate paid on the payroll is less than the rate required for the new class cation), the employer will be asked to pay wage restitution to all affected reclassified employees. {see 1I~-8 for instructions about wage restitution.) e. Wage Rates If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees. i. Apprentices and Trainees If a copy of the employee's registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice's or trainee's registra- tion and/or the approved program ratio and wage schedule. li the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate fnr the classification of work they performed. g. Overtime IF the employees did not receive at least time and one-half for any overtime hours worked on the project, the fallowing will occur: I) If the project is sulaject to CINHSSA overtime requirements, the emplayar will be asked to pay wage restitution for all over- time hours worked on the project. 7'he employer may also be liable to the United States for liquidated damages computed at $ I d per day per violation. Or, 2} If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the violations to the DOL for further review, h. CW:tep:~taticar~s If the payroll computations {hours worked times rate of pay} or extensions {deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions If there are any "Other" deductions that are not identified, or if employee authorization isn't provided, or ii there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authoriza- tion or explain unusual deductions, as necessary. HdJD does not enforce or attempt to provide adv+ce an ensplayer- oblig~+tor<5 to rrrake deductions -front ~+npioye~ e<u°nings }'ar taxes or Soc+al Security. Hr~v~ever, l-{UC3 may r eier to the II~S yr ~ath~r respc~+tsib#e agency copies a{ certif~eq payroll;r-eparts that show wages paid in gross amounts (i.e., witi~o~re tax rigdUr_tiort} for its review aid apprr~nriate>~a~ion` j. Fringe ~eneitits If the wage decision contains fringe benefits but the payroll does oat indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit corrected payrolls and wilt be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate an the wage decision {basic hourly rate plus the fringe benefit rate), na correction is necessary. Ir. Signature If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compli- ance is signed by a person who is not a principal of the firm and that person has not been authorized by principal to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature(s) of a principal or other signatory. 1. ®n-Site Interview Comparisons If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear o the payroll far the date of the interview), the employer will be asked to submit a corrected payroll report. -~ _~"~~.~+•t'1 Cat" ~ 3~ E :-: ='t ' Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less per- missible and authorized deductions. a. Notification to the Employer/F'rirx~e Contractor The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during The contract administrator nay corr~municate directly vrith a subcontractor when ti-re ur~derpayrr~ents are plainly evident ar~d t}~e subcc~ntractar is cooperative. It is iaest to work tho ough tt~e pr€rrie cor~tr-actor wren the issues are corr7plex, ~r~het~ there are signifir~ant under~payr~ents anti/ar tl~e subcontractor is riot cooperative. In all cases, tl~e sui~co€~tr actor must ensure ti~at tine pr-ir~~e c~~ntractor receives a copy cif die required corrPCtive docu€7~~ntation. payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/prime contractor is allowed 30 days to correct the underpayments. Nate that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. if the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor. b. Computing Wage Reskitukian Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjust- ment rate. The adjustment rate times the number of hours involved equals the grass amount of restitution due. You may also compute wage restitution by calculating the fatal amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction Payrolls The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls # I through #b; or a beginning date and ending date}. The correction payroll will list each employee to whore restitution was paid and their work classification; the tote[ number of work hours involved (daily hours are usually not applicable for restitu- tion); the adjustment ;wage rate (the difference be±~r:een the required wage rate and the wage rate paid}; the gross amount of restitution due; deductions and the net amount actually paid. A signed Statement of Compliance must be attached to the correc- tion payroll. d. Rerriew of Correction CPEZ The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contrac- tor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a supplemental correction payroll within 30 days. e. lJnfaunef Workers Sometimes, wage restitution cannot be paid to an affected em- ployee because, far example, the employee has moved and can't be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required to place in a deposit or escrow account an amount equal to the fatal amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remain- ing in the account for unfound workers wiN be credited and/or forwarded by the contract administrator to HUD. CHAPTER 3. Labor Standards [3isputes, Administrative Reviews, Withholding, Deposits and Escrow AECOUnts, and Sanctions r 11ha~ happens when things go wrong? 3- II intraderictiiort Even in the best of circumstances, things can go wrong. in a Davis- Bacan context, "things going wrong" usually means there's a difference of opinion or a dispute about whether and to what extent underpay- ments have occurred. These disputes are usually between the contract administrator and one ar more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the Dal.; ar something as significant as investigative findings fallowing a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views I<nawn and to lessen any delays in resolving the problem ar issue. 3-2 Adrninistratirre Review on Labor Standards Qispu~tes As mentioned in the Introduction above, a dispute about labor stan- dards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include; a. Additional Classifications and Wage Hates Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wags and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer viii he required to pay any additional wages that may be necessary to satisfy the wage rate that is established. I) Reconsideration. The E?OL normally identifies the reasons for denial in its response to the request. Any interested person {for example, the contract administrator, employer, representa- tives of the employees) may request reconsideration of the decision on the additional classification request. The request far reconsideration must be made in writing and must thoroughly address the dental reasons identified by the DdL. E^mplayer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See X12-,Z{d), and also i:]OL Regulations 29 CFR l.S,) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations. 2j Administrative Review Board. Any interested party may request a review of the Administrator's decision on reconsid- eration by DOL's Administrative Review Board. DOL regulations 29 CFft Part 7 explain the procedures for such reviews. (See also 29 CFR l.9.j b. Findings of Underpayrreent Compliance reviews and other fallow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work infarmaily with you to reach such agreements, Yau will have an opportunity to provide additional information to the contract administrator that may explain apparent Inconsisten- cies and/ar resolve the discrepancies. if informal exchanges do not result in agreement, the fine! determi- nation and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing an the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquar- ters Office of Labor Relations. I) ©QL review. The DOL will review the contract administrator's report and the arguments against the findings presented in the hearing request. The DOL may affirm ar modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review; you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge {ALJ). (See DOS Regulations 29 CFR 5. ! ! {b) and 29 CFR Part (r, Rules o f Praaire for Administrative Proceedings.) 2) Administrative Review Board. Contractors and/or subcon- tractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOI, AL) in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding. 3-3 Withho{ding The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 3U days after notification to the prime contractor. ©OI_ may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. if with- holding is deemed necessary, you will be notified in writing, Oniy the amounts needed to meet the contractor's (and/or subcontractors') liability shall be withheld. Rerr~et~'tb~r: tine prime contractor, ie resi7flnsible at~ci v.~ili be heir liable for- arty wade restitution? that is roue to any wcsrjCer ~mployecf in the ~~onstruction of the project, including v~dorlcers employed L,}~ sU~~1_ontractor s and any lower-titer subcontractors. $Ee ~!-4, R~spOt~siUlrtty-of tt~e t?riricipt~! Cur~trc~ctrr, avid T?-~5', Restjtf~±i~rt for ~rcterpaym~r?t cif Wa;es In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final pay- ments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision. ©eposit~escrow accounts arc cst'abiisiifdd for one or more of tfic fvllGVvirig r eaSoiS: a. Where the parties have agreed to amounts of wage restitu- tion that are due but the employer hasn't furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the docu- mented payments are returned to the depositor. Amounts for any workers who can not be located are held in the deposit/escrow account far three years and disbursed as described in 112-8(e) of this Guide. b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated dam- ages, if applicable, that are estimated to be due. If the final deter- mination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor. If the parties agree to the investigative findings, the amounts due to the workers will be disbursed from the escrow account in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above {see 1i2-8(e) and 3-4(a)). if the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 113-4{c), below. c. 'Where tike parties are waiting for the outcome of are admin- istrati~re hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. Contractors andlor subcontractors that violate the lobar standards pro- visions may face administrative sanctions imposed by HUD and/or DOL. a. ®d~L ®ebarment Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor stan- dards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or associ- ation in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD ~anctians HUD sanctions may include Limited Denials of Partic'spation (LDPs), debarments and suspensions. I j f..Dps. HUD may issue to the employer a limited denial of participation {LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP's are found at 24 CFR 24.700-24.714. 2) Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceed- ings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for malting false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for malting false statements. HUD regula- t'tons concerning debarment and suspension are found at 24 CFR Part 24. ~:,.~ - =~~~n em~~~i ar~a~ e,~t~ Contractors and/or subcontractors that are found to have willfully falsified payroN reports {Statements of Compliance), including correc- tion certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of ~a l ,000 andlor one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code). 1 ndex Acranyms ............................................................................................... v, A-3 Additional classifications .................................................. ....................... Iii, 2-2 Administrative Review Board ......................................... .................... 1=2, 3-2 Administrative Review on Labor Standards Disputes .... ........................ v, 3- Apprentices ..................................................................... ..... iv, 2-5, z-9, 2- 12 Apprentices and trainees ................................................ ........................... 2-5 Pre-apprentice ........................................................ ........................... 2-S Probationary apprentice ......................................... ........................... 2-b Ratio of apprentices and trainees to journeymen .. ........................... 2-6 Basic Hourly Rate ............................................................ ....................2-G, 2-4 Certified Payroll reports ................................................ iii, 1-2, 2-3, 2-8, 3-4 •`No work" payralls ................................................ ........................... 2-4 Payroll certifications ............................................... ........................... 2-4 Payroll formats ........................................................ ........................... 2-3 Payroll inspection .................................................... ........................... 2-5 Payroll retention ..................................................... ........................... 2-4 Payroll review and submission ............................... ........................... ~-4 Compliance Reviews .....................:................................. ......................... 2-I I Construction Contract Provisions .................................. ........................... [-2 HtJD-2554 ............................... ... ,......................,... I -2 HUD-q0 E 0 ............................................................. ........................... I -2 HUD-5370 ................ ........... ......... I-2 Labor standards clauses .................................... ..... . .............,............ 1-2 Contract administrator ....................... iii, I -3, ~.- I -2-5, 2-! I , 2- f 4, 3-1-3-4 Contract provisions ........................................................ ............... iii, I-2, 2-l Contract Work Hours and Safety Standards Act ........... ............... iii, I - I , A-3 Copeland Act ................................................................... ....................... iii, I-2 Correction payrafls ......................................................... ..................... v, 2-14 CPR .................................................................................. ................... 2-3, A-3 CWH55A ......................................................................... ............... iii, I - I , A-3 Davis-Bacon Act .............................................................. ................ iii, I - I , I -2 Davis-Bacon Definitions .................................................. ....................... iv, 2-S Apprentices and trainees ........................................ ........................... 2-5 Fringe benefits ........................................................ ........................... 2-7 Laborer or mechanic ........................:.................... ........................... 2-5 Working foremen ................................................... ........................... 2-5 Davis-Bacon Regulations ................................................. ............... iii, l -2, A-3 Davis-Bacon Wage Decisions .......................................... ........................... I-3 Davis-bacon Act ............................................................. i ii, I - I , I -Z, 3-4, A-3 DBA ....................................................................... i ii, I -I , 1-2, 3-4, A-3 DBRA ...................................................................... ........... I-I, 3-4,A-3 Debarment ...................................................................... .............. ....v, 3-4 ...... Deductions ....................................................... iv, I -2, 2-7, 2- l 0, 2- 13, 7-14 Deposits and Escrow ...................................................... ........................v, 3-3 DOL .......................................... I -2- I -4, 2-7--2-7, 2- I I , 3- I -3-4, A-3, A-5 DOL investigator ............................................................ ......... .....,. I -4 DQL regulations .............................................................. ... 2-2, 3- I -3-4, A-3 Employee ......................................................................... ....................... iv, 2-S Fair Labor Standards Act ................................................ ............... iii, I-2, A-3 FLSA ........................................................................ ........................... A-3 Falsification .............................................................................................. v. 3-4 Findings of underpayment .................. .....................................................v, 3-2 Fringe benefits .................................... .................. iv, I -3, 2-!s, 2-7, 2-9, 2- l 3 Gross wages ....................................... ..................................................iv, 2-14 HUD Hame Page ............................... ............................................................. i HUD Labor Relations field staff ......... ..............................................i, I-3, 2-2 HUD-I I ..................,......._.................. ,.....................................................2-1 I Lobar Relations Staff ......... .................. .............................................. i, I -3, z-2 Limited Denial of Participation ........... ................................................ 3-4, A-3 Liduidated damages ............................ ...................................... l - I , 2- 12, 3-3 Local contracting agencies ................. ........................................................ l -3 Net pay ............................................... ................... .................. iv, 2-10, 2-14 Notice to Employees ......................... ........................................................ 2-2 Dn-site lnterviews .............................. ......................................................2-I 1 Overtime ............................................ .......... iv, I-!, I -2, 2-7, 2-9, 2-12, A-3 Payroll certification ............................. .................................................... iii, 2-4 Payroll errors ..................................... ............................ ...... iv, 2- l ................ Payroll format ..................................... .......................................... iii, 2-3, 2- 12 Payroll ratentian ................................. .................................................... iii, 2-4 Payroll submissions ............................ .................................................... iii, 2-4 Piece-work ......................................... .................................................2-b, 2-9 Posting the wage decision .................. ........................................................ 2-2 Prevailing wages or wage rates .......... ........................................................ 2-6 Prime contractor ............................... ....................... I-3, 2-2, 2-4, 2-14, 3-3 Principal contractor ........................... .................................................... iii, I -3 general contractor ..................... ........................................................ I-3 Project Wage Rate Sheet ................... ................................................ ~,- I , A-4 Proper designation of trade ............... .................................................... iv, 2-$ Rate of Pay .......................................... .......................................... iv, 2-9, 2- ! I Site of Work ....................................... .................................................... iv, 2-$ Spilt-classificatlon ............................_.. ..................,............,..............,.._..... 2-8 Statement of Compliance ................... .......................... 2- 10, 2- 13, 2- 14, 3-4 SreP-UP apprenticeship programs .... ........................................................ 2-b Subcontractor .................................... ................................. I-3, 2-2, 2-4, 3-I lower-tier subcontractors ......... ........................................................ I -3 Suspension .......................................... ........................................................ 3-4 Trainees ............................................... .................................. iv, 2-5, 2-b, 2-12 Typical Payroll Irrrors ......................... .................................................. iv, 2- I Unfound workers ............................... ...........................................v, 2-14, 3-3 Wage Decision .................................... .......... iii, 1-3, 2- I--2-3, 2-b-2- I ~, A-4 Wage Ftesxitution ................................. ......................... v, 2- 13, 2-14, 3-2-3-4 Computing wage restitution ...... .................................................. v, 2- l 4 Correction payralls ................... .................................................. v, 2-14 Unfound workers ...................... .................................................. v, 2-14 Withholding ........................................ .............................................v, I-2, 3-2 Work Classification ............................. iv, 2-1, 2-3, 2-b, 2-8, 2-9, 2- I I, 2- 1 4 World Wide Web ............................... ............................................................. 'r Acronyms and ymbc~~s CDBG -Community Development Black Grant CFR -Code of Federal Regulations CPR -Certified Payroll Report CWHSSA - Contr-aet Work Hours and Safety Standards Act DBA -- Davis-Bacon Act DBRA -Davis-Bacon anti ReCated Acts DOL -Department of Labor FHA -Federal Housing Administration FLSA -Fair Labor Standards Act HUD - Housing and Urban Development {Department of) IHA -Indian Housing Authority LCA -Local Contracting Agency LDP _ Limited Denial of Participation O/T -Overtime PHA -- Public Housing Agency SIT -Straight-time SAC -State Apprenticeship CouncillAgency TDHE - Tribally-Designated Housing Entity § -- Section ¶ -- Paragraph Davis-Bacon - Reiated Web Sites HUb Office of Lobar Relations: www.hudgov/oi~ices/o!r HUD Regulations: www.accessgpa.gnv/na-~fcfr/cfrita6le-searrh.html HUDCIips {Forms and Publications): www.hudclips.org/cg~/index. cgi DOL Davis-bacon and Related Aets Hamepage: www.dalgav/esa/programs/dbra/rndex. htm DOL Regulations: www.dol.gav/da!/allcrf/Title .~9/toc.htm Davis-Bacon Wage Decisions: www.wdolgrov DOL Farms: www.dalgov/esafprograms/dbra/fornas, htm '"Web addresses active as of June 2005 ~Pro'ect Wa a Ra#e Sheet .. partment of Housing,.,- ,_~ e and Urban Development Oft! a of Labor Relations AROJECT NAME: WAGE DECISION NUM6ERIMODIFICATlON NUMBER: PROJECT NUMBER: PROJECT COUNTY: WORK CLASSIFICATION BASIC HOURLY RATE BHR FRINGE BENEFITS TOTAL HOURLY WAGE RATE LABORERS FRINGE BENEFITS: $ Brickla ers S GROUP # BHR TOTAL WAGE Ca raters $ 3 Cement Masons $ ~ D all Han ers ~ ~ electricians $ $ Iron Workers $ $ Painters ~ oPERATORs FRINGE BENEFITS: $ Plumbers $ GROUP # BHR TOTAL WAGE Roofers $ ~ Sheet INeta! Workers y ~ Soft Floor La ers $ $ 7a ers ~ ~ Tile Se#ters _ $ TRUCK DRN FRINGE BEN ERS EFITS; $ OTHER CLASSIFICATIONS GROUP # 8HR TOTAL WAGE $ ~ $ $ --- , $ ~ AodITiONAL CLASSIFICATKNS HUt} Form 4x30-A WORK CLASSIFICATION BASIC HOURLY RATE FRINGE BENEFITS TOTAL HOURLY WAGE RATE pATe of HEJp SUBMISSION TO DOL DATE OF DOE APPROVAL $ $ s form HUp-472 (4312~D4) A-4 a 4 ~ ~~ Z o~ a a ~e J ~ o~ c$~ ,~ a ~' s° ~~ 7w# ~~~~ ~~ E ~~ w ~a ~ ~~ ~ ~ 'lf i q'lO O D M D D M O D D 6 b _ SNMk~N3Ci ~ ~ ~ CN ~~ - a u~ ~~ C ~ C ^ C d'g$ ~n o~ N ~~ ~~ ~~~ TlJ ~~ C ,Q m E ~m~ ~~ c ~~ ~~~ ~~~ ~~3 9 ~ ~~ ~ C R ''C ~~ a m g~. ~~~~ e~ o ~~ ~ 3 ~~~t~ Z ~~e '} c~ .E Q z '~ a a A-S 4 a w a w Z w m LL. w s,~~ a a n ,g2 ~~ ~~ ~Em ~~ o~ ,~ ~ ~~ ~~~ 0 ~ ~ ~~ .~~~~ ~m ~~-~ '~ a ~ ~~'~ c p P 3 u m~~`s L ~, ~ ~~ ~.~ m Q .g a m .~ z O a U W ~c O T d s .Q e 0 R 0 x 0 F g 0 u s v_ U 0 ~~ ~m~ m W ~ a~ ~~ g y C ~~ mm ~ C m ~ ~ _ a ~~~ ~~~ ~m _a ~ ~ ~ ~ ~ ~ ~y p ~Qp.I~~ a ~ .C7 7 ~ .O qU} j$ 3 $ .-. ~ ~ ...000999 7 7 7 .~' .Y C ~ ~ ~~ ~ ~ ~ ~ ~ s?~~m ~g~ m ~. o ~ ~ ~ ~ fig. o ~fi ~ ~~.. E Fri ~~°°~ ~'~ ~.~ ~~~ o ~~~~ ~~~~ $ u ~ ~ U ~ £~ 0 m ~ ~~ °' `d~ $~ym ~~3 ~~v~ ~~~~ ~~ ~~~m a o~ a ~ ~$ ~ ~ ~- ~ ~ € ~.~ ~~~~ ~. m m ~ ~y~1 .2pQC~~ ~ ~ N ~p y~i i~ ~n F~t9~ U N~ tl~ W C V L 5G .s ~ W ~~:~~ ~ ~~ W~~ ~ ~~~ c~m~ O ~~ ~ $.9~ ~ ~ ~ ~ a a ~ ~ ~ ~ ~ D rn ~ g'= °' 9 ~e43 m~+~~ ~ ~,~~3~ 'g ~,'~ ~ ~ _ .~ o a ~~~~ o ~Q m m ~~_ ~ e ~~~~ w ~ am g ~~~ ~ ~~~~ y ro ~ ~ ~ $ ~ ~ ~~~ ~ c cm g~-~~ ~ ~~`~n m~~$ ~ o a a~ ~ ~q L J-~ ^ FL . ~ ~ ~ ~ c pq~ ~ m G [rl Y a n a v A-!~ r~t~e ~ ~a ~ GENERAL., DECISIOL3: FL200B0037 02/08/2008 FL37 Date: February 8, 2008 Gexaeral Decision Number: FL20080037 02/08/2098 Superseded General, Decision Number: FIr20070037 State: Florida Construction Types: Highway Counties: Broward and Palm Beach Counties in Florida. }iIGHWAY CONSTRUCTIOAI PRp~ECTS (excluding tunne.is, building structures in rest area projects & railroad construction; bascule,. suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine constrcution; & other major bridges). Modification Number Publication Date 0 92/oa/299s SUFL1993-003 08/01/1993 Rates Fringes Bricklayer/Brickmason..........$ 9.50 Carpenter ......................$ 19.20 Concrete Finisher ..............$ 10.24 EJ.eCtrician ....................$ l~."73 Fence Rrectar ..................$ '7.65 Form 5etter ....................$ 9.40 Grade Checker ..................$ 7.25 Ironworkers: Reinforcing ................. $ 12.53 Structural ................... $ 12.00 Laborers: Air Tool operators.......... $ 10.19 Asphalt Rakers .............. $ 7.99 Pipeiayers .................. $ 9.29 Unskalled ................... $ 7.10 Painter ........................ $ 11.b6 Power equipment operators: Asphalt Distributor......... $ 8.22 lasphalt Faving Machine...__. $ 9.84 Asphalt Screed.............. $ 9.22 sackhoe ..................... $ 10.27 Boam Auger Operator......... $ 9.89 Buldozez~ .................... $ 9.43 file://C:\Documents and Settings\thompsond\Local Settings\Temporar... S/13/zUU9 page L OT 4 Concrete Curb Machine Operator ....................$ 14.31 Concrete Joint Saw Operatox ....................$ 17..07 Crane, Derrick, or ~7ragline ....................$ 12.50 Earthmover ..................$ 9.00 Forklift ....................$ 7.75 Front End Loader............$ 9.26 Gradall .....................$ 10.69 Guardrail Erectox...........$ 7.1.0 Guardrail Post Driver.......$ 7.79 Mechanic ....................$ '8.94 Milla,ng Machine Grade Checker .....................$ 7.39 Milling Machine Operator,...$ B.55 Motor Gradex ................$ 12.05 Mulching Machine............$ 7.25 Oiler, Greaseman............$ 9.29 Pavement Striping Machine .............._......$ 8.94. Paving Striping Machine Nozzleman ...................$ 7.69 Piledrivers: Leadsman ..................$ 12.00 Operator ..................$ 11.50 Powex Subgrade Mixer......._$ 9.46 Roper Finzsh ....................$ 8.54 Rough .....................$ 7.31 Self-prop. Rubber Tire....$ 8.31 Scraper .....................$ t7.22 Sign Erectar................$ 11.33 Small Tool Operator.........$ 7.75 Tractors, Light .............$ 7.70 Trenching Machine...........$ 9.Op Widening Spreader Machine....... ..............$ 8.54 Txaffic Controller TRAFFIC CONTROL, SPECS.AT,IST ..................$ 7.66 TRAFFIC SIGNALIZATION Installers ................$'10.37 Mechanics.................$ ].3.32 Truck drivers: 'Low-Day ................. ...$ 8.51 Multi-Rear Axie .............$ 7.54 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed fax wozk not included within the scope of the classifications Listed may be added after award only as provided in the lobar' standards contract clauses {29CFR 5.5 (a) c1) (ii)) . file://C:\Docume~ts and Settings\thomps~nd\Local 5ettzngs\Tez~parar... 5/13/2009 Wage ~ or 4 In the listing above, the "SU° designation means that rates listed under the identifier da not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.} Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance {additional classification and rate) ruling On survey related matters, initial contact, including requests £or summaries of suzveys, should be w~,th the Wage and Hour Regional Office for the area irz w}aieh the survey was conducted because those Regicnal Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe £or the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division '().S. Department of Labor 200 Constitution Avenue, N.W. Washington„ DC 20210 2.} If the answer to the question in 1.) is yes, then an interested party (those affected by the action? can request review and reconsideration from the Wage and Hour Administrator {See 29 CFR Part }..8 and 29 CFR Part 7) Write ta: Wage and Hour Ac~m~.nistrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.} that the requestor considers relevant to the issue. 3.} I£ the decision of the Administrator is not favorable, an ~.nterested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board} Write to: Administrative Review $oard file://C:\Docurnents and Settings\thompsond\Loca~ Settings\Temporar... 5/13/2009 rage ~ of ~ U.S. Depaxtment of Labor 200 Constitution Avenue, N.W. Washingtara, DC 20210 9.J All decisions by the Adrtainistrative Review Board are finai. END 4F GENERAL DECISION file://C:\Documents and Settings\thompsond\Local Settings\Temporar... ~/13/200J zI I~ ~ PROSPECT ST. > N C7 w z cn _ ~ Q...... w N.W. MART ~i \~= I~ ~_ ,~ Q z MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 11, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MAY 19, 2009 SPECIAL EVENT REQUEST/4TH OF JULY FESTIVITIES ITEM BEFORE COMMISSION City Commission is requested to endorse the 4~' of July Festivities, to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE/SE 7~' Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to approximately midnight, to waive Code of Ordinances sections 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to approve staff support for security and traffic control, street barricading and banner hanging, new large stage and small stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. BACKGROUND Attached is the event permit, budget, site plan and activity schedule for this event. The 4~' of July Festivities are sponsored by the City through the Parks and Recreation Department in partnership with the Downtown Marketing Cooperative. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Downtown Marketing Cooperative contracts with the fireworks vendor for the display and barge, assists in fundraising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. The event schedule is attached with fireworks beginning at approximately 9:00 p.m. The cost of the fireworks display, barge rental, docking fees and other costs are approximately $68,000. The City contributes $40,000 to the Downtown Marketing Cooperative to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $35,700 and are paid for through the City departmental budgets. In addition, barricade rental costs, portable lighting rental costs, crowd pleaser and port-a-let rental and sound equipment costs are approximately $3,675, which are also paid for the by the City since this is a City sponsored event. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A-1-A, approval of parking lot closure extension, and staff support as stated. V~ Event NamelTitle: City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT DELRAY BEACH ~~ { .: ~ti __. :, 1943 20Q1 Event Date(s): ~ ~ Times: Event Sponsor/Producer: ~ O111 I C~ f l1 ZX (P~F` ~~-f ~i Event Contact/Coordinator: ~~ ~ r Name: Address: ~ ~ ' `Telephone Number: E-mail Address: I ; Event DescriptionlPurpose: ., ,, ,, .. ;: Planned Activities {Outline of activities/number of activities, i.e. entertainment, c ' dren's rides, games, other programs): ~~ ~ .u p~(~. ~(~,~[?~,~5, ~ -- _ V ~ T. .w._ Number of Individuals Served Previous Year (if applicable): ~D.CX.Y~ r Descri~e the targeted population and expected attendance:. ,~,iY~ (~ t,I,~ ~ Q5 15 1 Describe how the program or proj ect. addresses community needs: _~ "~ ~ a, ~_ ~ ")® Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other) ~` ~.!'.~ ~_ ~ ~,~` ~', ~,~i ~~F Sponsor Category (please check) City, Non-Profit/Charitable ^ .Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profat attach proof of SOIc(3), c(4), c(6), C(1 D), or c(19) or (d) , ,. Event Location (Describe area boundaries of event/location): ~~~ ~~~;I ~ ~` '~~'~. ~11l;;~3 Site plan attached: yes _ no ~~, ~' ~,~~ (Site plan required far entire event site. Include locations of tents, stage, portabets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no S (If yes, attach proof of approval} Private Property Use: yes_ ~ no (If yes, attach letter giving authorization from property owner) ~ . ~.. ; ~= Event budget attached: yes no ~ ~ ~~ ~. (Required for all events) ~ ~~ Previous year Revenue/Expense summary attached: yes (Required for all events) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event: yes no (Indicated on budget) ` ~ ~~~ U:lwwdatalCreative City Collabrative Committeel5pecial Event Permit Application Final 9.6.07.doc Serving or selling alcoholic beverages: yes °" no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event): - ,~ ~ ,. Event certificate of insurance attached: yes_~ ~ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes no Will there be entertainment: yeses no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes ''® no Requesting Police assistance: yes no (traffic control/security) Will supplement with private security: yes no ~ (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: .,yes ~ no (If no how are you handling?) Requesting trash removal/clean up assistance: yes no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes no .Requesting stage use: yes no (If yes, check type) Large stage (14' x 36') ~ Small stage (16' x 21') ``;~ Half small stage (8' x 21') ^ Requesting signage: ~ - yes Type: 4'x4'Event sign Parking Signs ~~,'`~ Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: .: yes ~' no (If yes, size & power} Food-and beverage vendors: yes ~ no If yes, approximate number (Health Department approval required) yes no U:\wwdatalCreative City Collabrative Committeelspecial Event Permit Application Fina19.6.07.doc no Other vendors: (Indicate type) .;~ ~, Tents: yes___ , . . no, . If yes, How many ~ What size or size required ~ p x' / (~ (If yes, tent permits: and frre inspections may be'needed) Will the' event include amusement rides: yes no „~~,~ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event. be gated: ~ yes no X (Show on site map} Will there be a charge for the event: ~ yes no /1 (If yes, indicate ticket prices) Will there~be fireworks or other pyrotechnics: yes~_ . no (If yes, contact Fire Marshal to obtain and coinpletepermit application} Will there be cooking .with compressed gas:, yes no~_ (If yes, con#aet Fire Marshal for inspections} Will you be providing port-a-lets for the .event: yes~_ no (If yes, locate on~ite maw If no, indicate. how you will handle restroom needs} Is reserved parking requested: yes X ,~ no (If yes, indicate locations and purpose for use} n~,~ ~ ~ cwt-~~` ~.~~ ~ Scinc~a~ Fb~-~c~ .Event Permit Attachments: ~_Revenue/Expense Budget ~Revenue/Expense Recap Last Years Event , Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status ~ , General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event .45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event LT:lwwdatalSpecial Event RequestlSpecial went Permit Application FINAL: 9:607:doc- . 23 D. Event Contractor/ oordinator - Date Please print• ~r~ f ~~ ~ ,~ Please enclose the appropriate non-xeftuidable~application.fee payable.to":the City of Delray Beach, 100 N.W. ist Avenue, Delray Beach, Florida 3344,4. Required with permit application. ~ , For Staff Use Only Date Received . Z~ ~~ Application fee received ~ ,c~~Qc Delray Beach July 4th 2009 Celebration Schedule $:00 am-12:00 noon Sand Sculpting Contest presented by the Delray Beach Rotary Sunrise. 1 pm winners will be announced. Ocean Boulevard and Atlantic Avenue on the Beach. Registration Information, call 270-13$0 ext 17. 10:00 am-10:00 pm The 30 x b0 ft. American Flag will be flown near the beach, weather permitting, flying high near the intersection of Ocean Boulevard and Aklantic Avenue. 3:00 pm-Decorate Patriotic Bicycle and Scooter Parade, presented by City of Delray Beach to benefit the Delray Beach Youth Council. Atlantic Avenue at Veterans Park. Decorate your bikes and scooters and register for the Big Prizes, including a new bicycle, helmets, gift cards and much more! (event to be confirmed) 3:00-9:00 pm FREE CONCERT- Get set for dancing on the beach! Children's activities along Atlantic Avenue. 4:00 pm Parade Patriotic Bike & Scooter Parade Route will be Veterans Park to AlA at the Marriott. Open to all ages. For registration information, call 243-7231{event to be confirmed). 5:00 pm Winners announced and prizes awarded at the entertainment stage. 5:30-8:00 pm .FREE CONCERT-Dance in the streets! Entertainment on our Delray Beach Parks & Recreation Department stage! 4:00-8:00 pm Delicious Food and Beverages, prepared by local restaurants at Atlantic Avenue and A1A. 8:30 pm First Fireworks Salute...30 minutes to show time. 8:45 pm A Red, White & Blue $" Star Shell will let you know that show time is in fifteen minutes. Make sure your radios are set to Sunny 104.3 FM for the fireworks music simulcast. 8:50 pm Fireworks Celebration Introduction & Pledge of Allegiance to the giant American Flag with Mayor Woodie McDuf1•ie. 9:00 pm Fireworks Display JULY 4TH INCOMEIEXPENSES 1 2131!08 8, P ROPOSED 2009 BUDGET l1NbER ! 1 I BUDGET Actual Total BUDGET 2008 To date To Date 70 DATE (OVER} ! l INCOME: 15 633 ! onsors S ~,8~ 33,167 48,800 , p Sponsors: ! Bostons/Cafe LunalShore 1,667 [ Weiner 3,5D0 ! CPC & CD5 4.500 ! Marriott 10,000 I FPL 2,500 [ Delray Lincoln 10,000 ! Am'od Hammod 1,D00 OOD 40 000 0 ! City Grant 40,OOD Ci of Delra Beach 40,000 40, 458 , 1 000 542 ! GammissionslR ItieslSaies 1,000 Concession Income 458 0 , 0 I Merchandise & Beverage Inc. 73 625 89 800 16175 I 89 BDO 73 625 Actual Total nu~GET UNDER [ O DATE DYER} ! EXPENSES: To Date To Date 8 T 200 81 { 272 15 ! Contract Services: 65,92 , , 1 Contracts Barge u Docking 24,000 Bar e 8 Docking 20,OD0 I Contracts Fireworks Displa 49,ODD Fireworks Grucci 39,000 [ Gontract Services Music 2,OOD Entertainment 2,825 Port-o-Lets 128 ~ Sand Sculptors . Security 6,200 Security 8 Setup 3,975 2,863 3,D00 137 ! Event Supplies 3.~ Sup lies: 1 Shirts - JM Global ~ 3t38 ~ t FI s 701 [ Sundry Supplies 1.794 1,464 1,5D0 36 ! Design & Typesetting 1,500 Design & Typeset: [ Sand sculptin Brochure 250 ! RJM Advertising 1,214 0 Awards -Sponsors 0 0 D 1 Misc Println 500 (3 800) [ E uip 8 Facil' Rentals 500 EquipB, Facility Rental 4,300 4,300 , 0 0 ! Pharos Photos 0 SDO ~ 8DD ! Miscellaneous Ex nses 800 Misc. Expenses 094 1 1,D94 2,5D0 1,406 ! Accommodation 2,~0 Accommodation , 0 200 200 1 Meetings 8. Mileages 200 Meetings & Travel 0 0 1 Signs 8< Banners D 100 100 1 Mail Handling iDD Mail Handlin TOTAL EXPENSES 75,649 75,649 89,800 14,151 [ 89,800 NET JULY 4TH CARRIED FORWA RD 2 024 D 2.024 ! 0 _~ ~~ 1 ^ L 1 ~^ ~ }~ ~ ~ ~ - . ~~ r , J J 1 ~~ I 1 .~ .~ 1 +~ ~~ ' ' i _~ s i~~: -. _ __ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 14, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 19, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of May 4, 2009 through May 15, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meetin o~y 13, 2009 A. Approved (7 to 0), a request for reconsideration of certain conditions pertaining to the landscape plan for the Pineapple Grove Parking Lot, located on the east side of NE 3rd Avenue, 357 feet south of NE 4d' Street (353 NE 3rd Avenue). B. Approved (7 to 0), a request for a color change for Delray Harbor Club, an existing multiple family residential development located on the east side of South Federal Highway, south of SE lOd' Street (1035 South Federal Highway). C. Approved with conditions (7 to 0), a Class I site plan and architectural elevation plan associated with an as-built 1,232 sq. ft. roof structure along the outdoor dining area for Delray Beach Yacht Club, located on the west side of MacFarlane Drive, south of East Atlantic Avenue (110 MacFarlane Drive). D. Approved with conditions (7 to 0), a Class II site plan modification and landscape plan associated with the conversion of paved area to landscape area for the Boy's Farmers Market, located on the east side of Military Trail, south of Lake Ida Road (14378 Military Trail). E. Approved with conditions (6 to 0, Andrew Youngross stepped down), a Class II site plan modification and architectural plan associated with renovation of the existing facade, parking lot redesign and driveway configuration and associated landscaping for Delray Square I, located at the northeast corner of West Atlantic Avenue and Military Trail (4823 West Atlantic Avenue). F. Approved with conditions (7 to 0), a Class III site plan modification associated with the elimination of three (3) parking spaces and installation of a 459 sq. ft. sidewalk cafe outdoor dining area with a new canopy for Bru's Room, located on the west side of Railroad Avenue, north of East Atlantic Avenue (35 NE 2nd Avenue). Concurrently, the Board granted a waiver to LDR Section 4.6.16(H)(3)(j), eliminating the required 5' wide landscape island at the end of the parking tier adjacent to the proposed outdoor dining area. G. Approved with conditions (6 to 0, Andrew Youngross absent), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 829 sq. ft. enclosure of an outdoor dining area for La Cigale Restaurant, located on the east side of SE Str' Avenue, between SE 2nd Street and SE 3rd Street (253 SE Sd' Avenue). Historic Preservation Board Meetin of~May 6, 2009 1. Approved with conditions (5 to 0, Tom Stanley and Jason Feldman absent), atwenty-four (24) month extension of the master development plan for Historic South Swinton Avenue and Sundy House associated with the establishment of a residential-type inn on Block 61 and 70 and the expansion of the Sundy House residential-type inn, located on the east and west sides of South Swinton Avenue, south of Atlantic Avenue. The proposal adds three (3) new units at the Sundy House, fifty-seven (57) units on Block 61, and sixteen (16) units on Block 70 for a combined total of 87 residential-type inn units. 2. Approved with conditions (5 to 0), a request for a Certificate of Appropriateness for an as-built accessory structure located at 610 North Ocean Boulevard. 3. Denied (4 to 1), a request for a Certificate of Appropriateness for site improvements, including repaving the existing driveway and expanding the paved concrete area into the front yard on a non- contributing property located at 110 NE 5th Street. 4. Approved (4 to 0, Roger Cope stepped down), a request for a Certificate of Appropriateness for additions and alterations on a contributing structure located at 138 NE 5th Street. Concurrently, the Board approved a variance reducing the side (north) setback from 7'6" to 1'. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map SPRAB A. PINEAPPLE GROVE PARKING LOT 8. DELRAY HARBOR CLUB C. DELRAY BEACH YACHT CLUB D. THE BOY'S FARMERS MARKET E. DELRAY SQUARE - 1 F. BRU'S ROOM G. LA CIGALE RESTAURANT HPB 1. HISTORIC S. SWINTON AVE. AND SUNDY HOUSE 2. 610 NORTH OCEAN BOULEVARD 3. 110 NE 5TH STREET 4. 138 NE 1ST. AVENUE N - - -CITY LIMITS ~ ~ - ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT MAY 2009 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\5-19-09 --~IGIrALeasennaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 8.I.1 -REGULAR COMMISSION MEETING OF MAY 19, 2009 BID AWARD/ATLANTIC REFRIGERATION ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to Atlantic Refrigeration for the annual contract for air conditioning services and repairs for various City buildings at an estimated annual cost of $27,040.00, per Bid #2009-28. BACKGROUND Bids were received on May O5, 2009, from ten (10) contractors with two (2) statements of no bid, all in accordance with Purchasing Policies and Procedures (Bid #2009-28 on file in the Purchasing Office). A tabulation of bids is attached for your review. Staff recommends award to low bidder, Atlantic Refrigeration for the estimated annual cost of $27,040.00 per attached email dated May 11, 2009. This annual bid is a savings of $9,800.00 over the annual bid of 2006. Atlantic Refrigeration is our current awarded vendor for these services and their response time and level of services has been acceptable. FUNDING SOURCE Funding to be provided from various departments' operating budgets as needed. RECOMMENDATION Staff recommends award to Atlantic Refrigeration for the annual contract for air conditioning services and repairs at an estimated annual cost of $27,040.00, per bid #2009-28. Funding to be provided from various departments' operating budgets. Bid Opening Date: May 05, 2009 @ 3:30 PM CITY OF DELRAY BEACH BID #2009-28 AIR CONDITIONING SERVICES AND REPAIRS TABULATION OF BIDS May 05, 2009 Bid No.2009-28-Air Conditioning Services and Repairs -Annual Contract Atlantic Refrigeration Pilar Services Inc. Advanced Roofng Inc. FBM General Contrators Inc. Farmer & Irwin Corp. Hill York Georgia Metal Corp. Weatl I. HOURLY RATE OF LABOR: A. 8:00 a.m. - 5:00 p.m., Monday -Friday 1. Lead Technician/Journeyman $ 32.00 /hr. $42.00 /hr. $ 65.00 /hr. $ 60.00 /hr. $65.00 /hr. $ 63.15 /hr. $ 59.00 /hr. $ * (Rate per year est. @ 100 hrs.) $ 3,200.00 /yr $ 4,200.00 yr $ 6,500.00 /yr $ 6,000.00 /yr $ 6,500.00 /yr $ 6,315.00 /yr. $ 5,900.00 /yr. $ 9 2. Apprentice/Helper $ 10.00 /hr. $31.00 /hr. $ 35.00 /hr. $ 30.00 /hr. $55.00 /hr. $ 59.68 /hr. $ 49.00 /hr. $ * (Rate per year est. @ 50 hrs.) $ 500.00 /yr $ 1,550.00 /yr $ 1,750.00 /yr $ 1,500.00 /yr $ 2,750.00 /yr $ 2,984.00 /yr. $ 2,450.00 /yr. $ 4, B. After Hours (Overtime-Emergency Calls) 3. Lead Technician/Journeyman $ 20.00 /hr. $42.00 /hr. $ 75.00 /hr. $ 60.00 /hr. $105.00 /hr. $ 84.90 /hr. $ 85.00 /hr. $ * (Rate per year est. @ 15 hrs.) $ 300.00 /yr $ 630.00 /yr $ 1,125.00 /yr $ 900.00 /yr $ 1,575.00 /yr $ 1,273.50 /yr. $ 1,275.00 /yr. $ 2, 4. Apprentice/Helper $ 8.00 /hr. $31.00 /hr. $ 42.00 /hr. $ 40.00 /hr. $82.50 /hr. $ 74.60 /hr. $ 75.00 /hr. $ * (Rate per year est. @ 5 hrs.) $ 40.00 /yr $ 155.00 /yr $ 210.00 /yr $ 200.00 /yr $ 412.50 /yr $ 373.00 /yr. $ 375.00 /yr. $ II. PERCENTAGE MARK-UP (PARTS AND MATERIALS): 5. Percentage mark-up Amount per year estimate $20,000 xmark-up percentage 15% $ 3,000.00 20% $ 4,000.00 18% $ 3,500.00 25.0% $ 5,000.00 20% $ 4,000.00 26% $ 5,200.00 /yr. 20% $ 4,000.00 /yr. $ 5, 6. Total annual mark-up for Materials Total estimated spent on Materials $20,000 + total annual mark-up for materi 15% $ 23,000.00 /yr. 20% $ 24,000.00 /yr. 18% $ 23,500.00 /yr. 25.0% $ 25,000.00 /yr. 20% $ 24,000.00 /yr. 26% $ 25,200.00 /yr 20% $ 24,000.00 /yr. $ 25 GRAND TOTAL-GROUPS I & II (Items 1,2,3,4 & 6) $27,040.00 $30,535.00 $33,085.00 $33,600.00 $35,237.50 $ 36,145.50 $ 38,000.00 $ 41, Calculation ErrorsNendor Bid Form GRAND TOTALS SUBMITTED (see note) $ 35,500.00 $ 16,145.50 $ 18,000.00 $ 21, Note: This line shows incorrect totals submitted by vendors on the bid form; corrected totals are shown in red Page I o£ 1 N~d~l, P~tSy i`ri~!'It: Gilbert, Clayton sent. Monday, Ntay ~ ~ , 20t39 ~:~~ PM ~~: EVadai, Patsy Cc: Schmitz, James; Robinson, Amy Subject. did #200J-28 in reviewing the responses to the bid # 2009-28 (Air Conditioning Services and Repairs), I am recommending that it be awarded to Atlantic Refrigeration. Thank you, Clayton A. Gilbert 5/12f2009 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 11, 2009 SUBJECT: AGENDA ITEM 8.I.2 -REGULAR COMMISSION MEETING OF MAY 19, 2009 CONTRACT AWARD/MCCABE BROTHERS CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a contract award in the amount of $46,410.00 to McCabe Brothers Construction, Inc for the renovations to the Atlantic Dunes Park Restroom Building. BACKGROUND AtlanticDunes Park located one block north of Linton Boulevard on the beach side of A-1-A. The park is nestled on a dune within in an elevated wooded area that contains site amenities including but not limited to metered parking, nature trail, covered pavilion, picnic tables, a new boardwalk completed in 2008 and public restrooms. Originally constructed over 30 years ago, long overdue improvements to the restroom facility will include the following: new ADA compliant partition restrooms stalls, new plumbing and electrical fixtures, epoxy flooring, an overhead coiling security door, Hardi-plank exterior siding, and a thorough painting. The apparent low bidder at the time bids were received by the Purchasing Department, Certified Contractors of America has withdrawn their bid due to substantial errors in their proposal package. As a result, McCabe Brothers Construction Inc., the second lowest bidder became the lowest responsible bidder, meeting all specification requirements. McCabe Brothers Construction has successfully completed several projects for the City of Delray Beach similar in nature and will provide all labor, material and supervision necessary for the improvements to the facility per plan and specifications. The award amount also includes add alternate No.l in the amount of $3,800.00 for a pressure treated handrail cap for the entire length of the boardwalk at the recommendation of the Parks and Recreation Department. Bid tabulation (Schedule "A"), Certified Contractors of America withdrawal letter (Exhibit "B") and a location map are attached hereto for your reference. FUNDING SOURCE Funding is available from account 334-4170-572-46.07 (General Construction Fund/Repair & Maintenance Services/Atlantic Dunes RR Renovation) & 334-4170-572-63.48 (General Construction Fund/Improvements Other/Atlantic Dunes Boardwalk). RECOMMENDATION Staff recommends award of contract in the amount of $46,410.00 to McCabe Brothers Construction, Inc. for the renovations to the Atlantic Dunes Park Restroom Rehabilitation, P/N 2008-008. Bid No. 2009-07 Project 2008-008 Restroom Modifications Atlantic Dunes Bid Opening 03.27.2009 Certified McCabe Contractors Brothers *Scionti NYC VENDORS =___> of America Construction Construction Builders, Inc. All Ph TOTAL EVALUATED BID Bid Items 1-3 $ 21,710.00 $ 42,610.00 $ 44,643.00 $ 46,010.00 $ 47,i Add Alternate +Add Hand Rail $ 7,600.00 $ 3,800.00 $ - $ 1,800.00 $ 5,i Base Bid +Add Alternate Total $ 29,310.00 $ 46,410.00 $ 44,643.00 $ 47,810.00 $ 52,0' Acknowledged Receipt of Addendum 1 thru 4 Yes Yes Yes 1 thru 3 Only Ye: Drug Free Workplace Certification Received Yes Yes Yes Yes Ye: Insurance Certificate Included Yes Yes Yes No Ye: Withdrew Bid *Non Responsive See Exhibit "B" Bid (Add Alternate) Bid No. 2009-07 Project 2008-008 Restroom Modifications Atlantic Dunes Bid Opening 03.27.2009 Hennis Ha. Construction Maass Jemstone BSA Awesome Kaufman West Bui Co., Inc. Group, LLC Construction Corporation Construction Lynn, Inc. Construction Groi $ 71,010.00 $ 73,676.00 $ 78,902.00 $ 79,505.00 $ 80,408.78 $ 82,010.00 $ 82,260.00 $ 8 $ 3,900.00 $ 6,253.00 $ 5,000.00 $ 3,500.00 $ - $ - $ 2,600.00 $ $ 74,910.00 $79,929.00 $ 83,902.00 $83,005.00 $ 80,408.78 $ 82,010.00 $ 84,860.00 $ 85, Yes Yes Yes Yes Yes Yes Yes ` No Yes Yes Yes No No Yes ` No No No No No No Yes h~~~ C)~ C3~ 1 1 : S7a ~esic~er~~i~l Co. ~ ~merci~f May S, 2009 ~r^~i Mor~ri~ irIA FACSIMILE 561-243-7060 Attention: Purchasing Officer City of Delray Beach 100 NW 1 S` Avenue Delray Beach, FL 33444 a61-~?9-3~6C Project Name: IZestroom Madif cations Atlantic Dunes Park Praject No: 2008-008 Bid No: 2009-07 Bid Opening Date: March 27, 2009 Time: 2:00 p.m. To Wham It May Concern: Please be advised that the Bidder, Certified Contractars of America, Inc., files a duly noted signed written notice with the Purchasing Department of the City of Delray Beach that said contractor submitted a bid package containing a substantial mistake while preparing the bid and said bidder hereby withdraws it's bid. Please contact me at the office or my mobile phane at 954-444-4809 with any questians. ,S-itzcereiy, ~,~ ~ ~~. 'C~ig B. i~Io . President ~ `, Witness Signature: ~,,.,~;~E.-~ Date: May 5, 2009 l Print Name: Christine FIolt ~.2 Licensed Ensured Ci ~.,..,. ~,1%('~VllS i~SVG., .rte ~.i, ~CCc. i-iuGc`7i1, ~BOi~IG ~ ~v-. v ~ (~~ i, /,~-J~~~ c I,~~ `.~/,.: ~... :,:dr' VdVV`Iv.CC2TICi ;Gc.CDi~`t INVITATION TO BID CITY OF DELRAY BEACH PURCHASING OFFICE 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243-7163 BID No. 2009-07 DATE: February 16, 2009 Restroom Modifications Atlantic Dunes Park City of Delray Beach Project No. 2008-008 Sealed Proposals will be received by the undersigned at the office of the Purchasing Officer, City Hall, 100 NW 1st Avenue, Delray Beach, Florida, 33444, until Friday. March 27, 2009 at 2:00 ,gym, at which time they will be publicly opened and read aloud. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, in duplicate (one original & one copy), mailed or delivered to the City of Delray Beach, Purchasing Office, and 100 Northwest First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part with or without cause and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS SUBPJIiSSiON APvD RECEiP T OF BIDS: a) Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. b} Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. c) Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. d} All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: a) Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. b) Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices quoted will govern. c) Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. d) The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. e) Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: a) All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. b) Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is far the purpose of establ~sh...g a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. DEFAULT PROViSiON: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: a) All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. b) Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach iiiay take Such a%tioii aS it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: a) PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. b) LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. c) LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See page (s) 15 & 16 for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: a) For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. b) Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AifVARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any one or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State andlor Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85-80126215590-4 appears on each purchase order. 18. N!A 4 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 2C. RENE`JVAL: The City Manager may renew the contract, at the same terms, conditions, and prices, for N/A consecutive term(s) of N/A year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: a) Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. b) No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 22. CONFLICT OF INTEREST: a) Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or b) The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (1 C) or more in the bidder's firm or any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. CITY OF DELRAY BEACH BID #2009-07 Restroom Modifications Atlantic Dunes Park City of veiray Beach Project #2008-008 GENERAL NOTES A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to seek a firm price for the furnishing of all labor, material and equipment necessary for the Atlantic Dunes Park Restroom Modifications as per documents provided by David Miller & Associates Architects dated December 11, 2008 at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of service and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the award by the City through its authorized office, and a purchase order shall be issued to the bidder covering the same. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Defray Beach, Florida. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. E. TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The complete project must be completed within One Hundred Twenty (120) Days after Notice to Proceed date. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated. Furthermore, if the awarded Contractor fails to complete the work within the prescribed time, the awarded Contractor will pay the City of Delray Beach liquidated damages for each day the work is not completed within the prescribed time. The damage will be at the rate of $250.00 per day. F. SAFETY AND CARE OF WORK: The Contractor shall exercise safe work practices and maintain a safe work area at all times, and shall be responsible for all damages to persons or property resulting from unsafe acts, negligence, poor workmanship, or failure to maintain a clean work-site in connection with his work under this Contract. The Contractor shall be responsible for the care and protection of all work performed until completion and acceptance. G. PERMITS: The Contractor shall be required to secure all permits required to complete this contractual service. There shall be no charge to the Contractor for permits. H. CITY OCCUPATION LICENSE: If the successful Bidder is not licensed to perform work in the City of Delray Beach, the successful Bidder shall obtain an Occupational License before a Notice To Proceed will be issued. Upon notification of Tentative Award, the successful Bidder has fifteen (15) days within which to submit all documentation (insurance, Occupational License, etc.). I. INSPECTIONS: An authorized representative of the City of Delray Beach shall have the right to inspect work while in progress and at the completion thereof. After inspection, Contractor will correct any unacceptable work at no expense to the City. J. PAYMENT: Payment in full will be made after all work is completed, inspected, and accepted by the City. K. INFORMATION: Any questions in regards to the Detailed Specifications of this bid shall be addressed in writing via a-mail to diaziC~ci.delray-beach.fl.us or via facsimile 561-243-7060 until the end of the business day Eastern Standard Time March 16`" 2009 to the Engineering Department, c/o Bob Diaz, Environmental Services Complex, and 434 South Swinton Avenue, Delray Beach, Florida, 33444. Any questions in regards to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-7163. L. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from date of being placed on the convicted vendor list. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and McCabe Brothers Construction. Inc. (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS g Invitation to Bid 1-7 Standard Form of Agreement 8-12 Corporate Acknowledgment 13 Certificate 14 Insurance Requirements 15 Sample Insurance Form 16 Drug Free Work Place Certification 17 Proposal (Schedule of Pricing) Signed by Bidder 2 pages Specifications: 01110- Summery of Work 3 pages Drawings- Sheets CS-1, A-1.0, A2.0 & M.E.P.-1 4 pages Dated December 11, 2008 Addenda numbers 1 to 4 ,inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACTOR shall have 120 days total to complete the project. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: McCabe Brothers Construction. Inc. 2559 Webb Avenue #3 Delray Beach, Florida 33444 9 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every io name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY°S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnifica- tion provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the 11 day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA By: Mayor CONTRACTOR: BY: (Print or type name and title) (SEAL) 12 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF officer The foregoing instrument was acknowledged before me this day of 20_, by or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. (name of He!She is (personally known to me) (or has produced identification) and has used his/her as identification. (type of identification) Signature of Person Taking Acknowledgment Name of Acknowledges Typed, Printed or Stamped 13 CERT!FlC~TE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF } HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. official IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the corporation this day of , 20 (Secretary) (Seal) 14 1~t1F~FJ It~~J{1~~~~~'T i~~ursr?~ tha t~r'rrr raf the can~c;t wifti thy; City, tl~'~ cantractar shall ~arcar~rr°~ anr! rr?aintair? I!}5l}7'~r?C:e of tl"F!m` types ~Il°~ to tl'?w iirr},ts sp~viii:'~< ii{ par~~,raphs Vii) tcs ~~) n~.i~aaiV 'i3~(aVV. GC)~,' f~ i?P,C C:: ~.xcep2 as rath~:r~ntise st'~te+~, tt}~ ~?rncau.r}t~ ~r}~ types hf iz}~uranc~ shall canf:;rrrr tca th;w ftallawin~ r'ninirrta?r~'r requirements: V1lnrk~r's t~~ar~r!~f;nsafian ~~ (;avarac~e to ~}pply far all en}play~es far :~ tatratcary limit's in ramplianrYe ~~ith the app[ica~fe State and l°e~eral Laws. In additian, the paiicy must it?dude l~n`?plcs}Jar's Liability with ~ (irr?if caf ~1E~a,Qtl[? each arcid~:rrt. ~. t;e~~;a~~ryht:n:~ive i~eneral ~iabii ~t~r~vF~r•ar~e must be a~iarcied can a tare? !°7a r;-rar~ r~'Str3~ti~k? ff}an the I~PP~4 ~Eyifir~n ref th~~a t;r;;-n~?r~?h~?'?~ib'ru ~°ut1 'r~'1 iii ~:;ii~y ~(~iluy fPle~ r}y thr: lr}sur~sr}r.,e Sarvices C3ffic?e anc# must inc6uc~e: ~) (vlinimum limits a` ~E)~,~~1(1 per accrsrr~;nca cambined :singMe limit far ~a~liy injur}~ I lability a;°?d f~rapar~J ~arna~e l_.iability. la) F'rerr?ises andior!~~r~rati~ans. c} lndepenrtent C~antractcars. c~) ;~rc?ctucts anllcJr C~carttpl~t~tt C~aer'atians. a) h~a excir}sio=? f'ar t~Jnr_ler~rcaund, F°xnlasicar? ar t~ollaps~; ha~:arcJs. ~=`~~s„n~~~ ~:uta ~'aiic r..- cfuv~r~e~~ gnu~t b~ ~f;~,rdad car? e~ tare nc~ rr~~r~ r ~ ~tri~tivE= thr,?n the latest editi~an of t{-,e ~casir}~~~ F,.rta Nali,,~ aipacl Cs~ `h~; ;nsrarar?,:a ,UF virr; ~)ft°rce ar;d rnrsst r„^lu<~r:: ~) ~inirri~arr? L~irtaits of ~~t~t?,Ct~1D firer ar<currence combined su'r~le lirl`tit far E3adily lnjur~y I~ia~aiiity anrf lr'rcaperty C)ama~e i,.iability. ka} ~3wrr~d ~~:hicies. c) F~irect end Nor?-~wrred ~ehicies, d) i~rnplayer ~1ran~~wnerahip. ~. C%ertificate crf insurance d C~ertifiic;ates of a!I insr?rand; evidencing the insr,ranc.°r; c,aareraye specified in the previas~s insurance Adrrrinistratar ~?rior tsa corr?rr?er~?cernerat of o~rark. `l"h~ ~ir~~ ~°~rtifrt~s of in~ur~ }r}aa ~h~(I ;}flt anl~ B~arrr~ the s~a~ c?af(c ~~~, r~rovic#ed#ed. butn~.F,a~( I~;a raf~r,~,~r~ficai! 1 to this bict and ~aa#i~n.~~~ ~h~ ~baue raarac~rah~ in accordance with wl}i>rh such insurance is bein furnished and shall st~ste gnat such rnsurance is reuuirect b~ sash per r~ hs of this contract. Thr„ ~uccessfu! tasclc3er will rnrlude tffe~~ity,e~f f.~elr~_ beach ~~ ~dd~tian~i insured. If the initial it?sr,rarace exprr€as prrar to the crarr?pletiar} of the wcarrk, renewal aertifrcates shall tae frrmist}eef thirty (~t~' clays print to the date of expiration A~lsa, under the ~ancelletion section of the lras'~~~r?ce fi~e;;ificatian the ~;~rcls "eide~var ta° arici but failure to mai[ such notice sha(i ipase nc c~bligetican ar iiabi{ity of any bind u~iriar} fihe corr}pany, its agents car r~~ar~:s~~ntatiae" shall iqe crasseri ac?t as it}diratert an the attac;h~:ci "Sample of lnsur~anc~ ~:erfi acate". IrtsurRane;e ~~rtificate s~nale, r~ext_ Lea 5612437166 CITY 0= DELRAY EEACH 878 P08 DEC 21 '0~ 1@:23 ~~r'^'`'~~rj/^'y~ 7r!J 1.~~ t ~ SI ~ aS t ~ p i . lS yy~ y B, T]KTE ¢ryJlp PRODUCER .;!. '4Y i ~ ' THtS t:EfTTlF7CATE IS LSuIIED AS A YATTEA QF INFFOW~ttAAON C'Jfil Y '- C;~7n Il7S[CTtANCEy IbiC. , . AHO t:ONFF,RS H4 g1pHTS UPONTriE CERfIFTCATE.Fi0l,D6fLTHIS CERT~ICA7'E DOES HOT A4t£AIb, 1:XTExD Oil ALTER TTIE GOVERApE APFGROED BY IHE POtx~ s 82 p. Q. Ba% .A-t . .1OV(, BEST rY7°I^S*~ ncA QJG00 ivy. °.~,",i€a i F~vnuii~iu ~u`YLt ' 1 iAtyE z e"=rc~,~ , ~ 4 ~G$T GCJgBD ItaSURANCE Cp. ~~' ~ ~. ~ ""- P ~ Y INSURED ,:~,~ ,~ B CQi!~LETE COWERAGE S~1SIIRgi+FCE Cp. 77'E LE R Y:y~,~h ~ ' w=z.I.xr~~ wax>KEas ~ssac. ~' R "' C Aac n~vE ANYTOwx, ~sA oDao>, `~A Y D Y ~ ' t !E I TE~t • THIS iS TO CFJ7TTFY T}iAT POUC !@5 gFINSURAl7CE X.EaI'ED BEI.(7tN MOTMR711STAMOINCi AMY REdUU !B+IENT TER6t OR tr0ltafffl tt ' KAVE BEEN tS51,tEDTO TitE >kSl)REC• MtttLtE,Q Al$OYE FOR THE POLICY p`ER ' , O O4 IOU iNOtCATBD. AtiY CC1NTgAGT OR OZH£A BG ISSUED bft trtAY P£RTAUV, l'1 !E MRS'UAAHCE AFFORDED @Y 7r~ POUpE3 nC~C4lMEM NRTH RE.^,e~t7 TO WNILYI T}C5 CERTIFICATE MAY 7KMt5 OF SUCH PQLICIE,, ~IBEA y~REIM IS Sug,IE~[ Tp Au Tr1E T£R~tS E (( . 7 1DSION5. ANp ~0~ ~ LT TYPE GF 1N$UFLtNCE PtJllCY NUMBER t'oUC1' iFl$Chyt: °'~~ + ractLl' F.TLYUitpy I,Wg1UTY U n MITS tN TNOUSSND.. IA G~NERALLIASILfTY axle aruroa~ni ~.: CGCURREtKE ~G{IR6G.xTE ~ ~ GI.P077bt74 3-O1-4Q 3°01°-91 _ '"~`'"~' $ ~ R Rana~s X _ EJ(PLt1Sl4x S IYy,J•AP$i hlA?:SRp CT^ PFIDD Pf16PFAT'[ axA/AGE r~ ~- U ~CbMPLETEO DPERATq IS w` tDrrrRa~ru.L ~ti ~ ~ wa~xD~Ir CGrtTRncl'Das „ ~" ~co~.a nsa g 30a ~ 300 BREIAD PDf3I~I PRilPERTY DAMAGE PEkSONAL itLiURY P@FL$QNAL ttv.lUpY A AI iTOis$BiLE LUtBIL7T7 '^" AMY AUTD A[1'a776[~5 3,01-90 3-a1-91 RAr ~ . '~- tO Al170$ fPRIV. PAS5.] . ALL OwxEO AUTD$ (DTHEA TFiA! y S PRtV PPSS / ~mea ~ . . HIRED AUTDS 64" ~'~ $ xDN.09VNEb WTDS axr~arY &4RAtE LIABIL(TT D.u~nG6 ~ atkra CCMBtNEa $ ~aa _, E7CC €SS UA6igJ'TT UAI9RRF,LLtt fORtl OTHER 7ttAx t1MtlREL1.0. FdR-c ~ &COUBtwHD $ $ $ WORKSR~S` COitPEi'/SATIOK /y ) Ci.1yQ77fst)fJ ~y 3-O.I- ~~ 3-C~1-91 5YAYLIYCM4Y _ :'~.;~~~ .v...-ref '~.,.:.C.: AMO :rte":: ~ ~~ (FMJ~ACCjpExtj GMPLQYERS' LLRffi4tTY ~ ;~/Z ' ffi tDISEAS'E•PCIICY tIM1T) DTktER •:~~ $ tb~,tse.FacRE~PtDYEE1 1~T,S 7.tzf,'IIFtAN{;E AP3'I.Z.'~6BLE fi0 _ --p--3 ~••°,.••._. `-~iou secz=ioa must x'cau eaar;tlq (ss:ate sa'ect} Es belora. Crass out fadicated wordiag *CZTi' OF DET.~,Y S~}rACi xS d1`UDTEIUN9,~, IN,a`'UEEIT & pro'aide 30 da~rs T+r3.tten aat3.ce<} ~ ~ • . , CITY OF DEL;tAY BEAD 3 slttwLO ANY of tttE A~IOV~ POtIgES ~E CAHCr=um SEFOHE trlt: Ex- PIRAT DAT£ TNE#tEOF, TttE f8$yytWG COYPANY MfILL '~ 43k S, SW.LtaTC1N AFEC~ ~ YAtt ~ DAYS wlttTT>cx MoTTC~ To THE t~RT1FICATB Ma.osrt tuYEn To TitE DEFY .BEACH, F~,Q~ 7$ 33444 LlwFT. ,: AtTTHORt~D ~Pi1ESFMA7~ 7 rt.~ _.. I6 a`°„+ORD CERTIFICATE CaF LIABILITY INSl1RANCE OP ID rm DATE(MM10D1YYYY) M MCCAB-1 03 27 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Paragon Insurance Service Inc . HOLDER. THIS CERT{FICATE DOES NOT AMEND, EXTEND OR 2945 Horizon Park Drive Ste C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suwanee GA 30024 I Phone: 770-831-5669 Fax: 770-831-3363 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Landmark AmerlCari Ins M C b B h INSURER B Owners Insurance --- 32700 c a e rot ers Construction Corp. -- INSURER Q Commerce 6 industr Insurance _ Y 2559 Webb Avenue Suite 3 Delray Beach FL X3444 INSURER a: -- ----- INSURER E: GVVtKAGtJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ - - I LTR NSR TYPE OF INSURANCE POLICY NUMBER L YE FECTI1iE DATE MM/DD/YY FOLfCf EXPiRAi N DATE (MMlDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY LBA040818-00 Q2/22/09 02/22/10 PREMISES (Eaoccurence) $ 100,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 , Q Q Q X $1000 Deductible PERSONAL&ADVINJURY $1 000 QQQ per Claimant I ~ENERALAGGREGATE , , ~ ~ Qnn nnn I vv vvv -- ~ r GEN'L AGGREGATE LIMIT APPLIES PER: PRO PRODUCTS -COMP/OP AGG $ 2 r OOO , O Q O - X POLICY JECT LOC AU TOMOBILE LIABILITY ANY A T COMBINED SINGLE LIMIT $ 1 QQQ QQQ U O (Ea accident) _ r r I ALL OWNED AUTOS B X SCHEDULED AUTOS 46-761-991-00 04/11/08 04/11/09 BODILY INJURY (Per person) I $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) I PROPERTY pAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ $ -- DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND X EMPLOYERS'LIABILITY TORY LIMITS ER C ANY PROPRIETOR/PARTNERlEXECUTIVE >;Q('' 293-10-67 06/01 /Q8 06/01/09 E.L. EACH ACCIDENT - _ $ 1 r QQQ ~ QQQ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE-EA EMPLOYEE $ 1 r QQQ r QQQ SPECIAL PROVISIONS below __ E.L. DISEASE -POLICY LIMIT $ 1 QQQ QQQ OTHER , ~ DESCRIPTION OF OPERATIONS /LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS WC officer exclusion applies. 10-day notice of cancellation applies for non-payment of premium. ...-..,.. ,.+.~.~ ,.vw~.~ I:ANGtLLA TION DELRA01 ~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA City of Delray Beach 100 NW 1st Avenue Delray Beach FL 33444 AcoRD as ~soolroa~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder ig an Arl(~ITInNAI It~SURE~], tha pniirv(iacl miiat he ~nrlnr~g~, ~ ~t~tarn~nt on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certi#icate of insurance on the reverse side of this form does rot constitute a co;.tract betweeen the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. r+~,vrt~ ca ~~w uvo~ ~RU~ FREE W®RKPLA~Ir CERTIFICATE®N if identical tie bids exist, preference will be given to the vendor who submits a certification with their bid/proposal certifying they have adrug-free workplace in accordance with Section 28?.D87, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE C31t~5: {reference shall be given to businesses with drug-free workplace programs. Whenever two or mare bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids YYIII be follovaed if none of tine tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabili#ation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3} This firm gives each employee engaged in providing the commodities or con#ractua! services that are under bid a copy of the statement specified in subsection (1 }. 4} fn the statement specified in subsection (1 ), this firm notifies the employees that, as a condition of working on fihe commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nob contenders to, any violation of chapter 893 ar of any controlled substance law of the United States or any state, far a vio{ation occurring in the workplace no later than five (5} days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain adrug-free workplace through implementation of this section. .- e f - .~"°, Contractor's Name Signature ' ,~7 ~e ~BPt4t3ea~ ra ~~ _;~~aa}a6~~~ Lac ~~ s, ~, Visa ., i@3 nr~~e.~: ~ $ ~~ ~'~ "~~~. i~.+ov...»~ u~ t}t, t . 2 lr;,r;~; i ~~, ... 1Z±ll3t1 ~473'~ __ _ ~~ _. t ?•#`+ .. ~. ~ f. ;3l>Li =~ if11; .,. .'.ti _.~ ~.__... a _ ~`~. _ i9 ~'e~ ~a Restroom Modifications Atlantic Dunes Park ITEM NO. DESCRIPTION Exterior Renovation Only De ma existing, install Hardi Board, new overhead coiling door new aluminum louvers, new plumbing chase door and frame UNIT EST. QTY. UNIT PRICE (in surds) UNIT PRICE Pressure treated 2"x6" cap/hand rail Fastened with counter sunk stainless steel screws the entire length of the boardwalk less the stair riser location {hand rail already exists) GC to verify lineal foot quantity rie Hand Dryers) City standard paper dispensers (provided by the owner) num Louvers) the existing wood louver's in lieu of replacement Provide and install the specified product or equal to match existing partition layout ,,' ,:;== Proposal Page 2 of 2 SECTION 01110 SUMMARY OF WORK PART 1 -GENERAL 1.01 GENERAL A. SCOPE OF WORK ^ The project generally consists of general upgrades and new finishes to the Atlantic Dunes Park Restroom Building. Scope includes demolition, new exterior siding, new interior finishes, new plumbing and electrical fixtures. ^ City of Delray Beach Permit No 09-122705 ^ The project site is located at 1605 S Ocean Boulevard Delray Beach, just north of Linton Boulevard within the Atlantic Dunes Park Facility. ^ The contractor will provide restroom accommodations for park patrons (Port O' Potty's) minimum of 4 including a handicap compliant version as the park will remain open during renovations less the restroom facility which will remain closed in it's entirety during renovations. ^ It is the intent of this project that upon completion all surfaces within the work area appear new and finished in appearance. The GC shall direct any questions to the project manager for the City of Delray Beach in the event of discrepancies or conflicting information. Upon completion, all work shall areas are to be turned over to the City of Delray Beach in a clean and sanitary manner. B. Except as specifically noted, the Contractor shall provide and pay for: • Labor, materials, tools, construction equipment, and machinery. • Other facilities and services necessary for proper execution and completion of the work. C. The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of the City of Delray Beach. 01110-1 SiJMMARY OF WORK 1.02 STORAGE OF MATERIALS Suitable storage facilities shall be furnished by the Contractor. All materials, supplies and equipment intended for use in the work shall be suitably stored by the Contractor to prevent damage from exposure, admixture with foreign substances, or vandalism or other cause. The Engineer will refuse to accept, or sample for testing, materials, supplies or equipment that have been improperly stored, as determined by the Engineer. Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from the construction or storage site. Delivered materials shall be stored in manner acceptable to the Engineer before any payment for same will be made. Materials strung out along the line of construction will not be allowed unless the materials will be installed within one week from the time of unloading and stringing out. 1.03 PRESERVATION OF PROPERTY The Contractor shall preserve from damage all property along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the Contractor, it shall be immediately restored to its original condition by the Contractor at no cost to the Owner. In case of failure on the part of the Contractor to restore such property, or make good such damage for injury, the Owner may, after 48 hours notice to the Contractor, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this contract. 1.04 CLEAN UP The Contractor shall keep the construction site free of rubbish and other materials and restore to their original conditions those portions of the site not designated for the alteration by the Contract Documents. Clean up and restoration shall be accomplished on a continuing basis throughout the contract period and in such a manner as to maintain a minimum of nuisance and interference to the general public and residents in the vicinity of the work. The Contractor shall also remove, when no longer needed, all temporary structures and equipment used in his operation. It is the intent of this specification that the construction areas and those other areas not designated for alteration by the Contract 01110-2 SiJMMARY OF WORK Documents shall be immediately restored to original condition as upon completion of the prof ect. 1.05 PUBLIC SAFETY AND CONVENIENCE The Contractor shall at all times so conduct his work as to ensure the least possible obstruction to traffic, or inconvenience to the general public and residents in the vicinity of the work. No road or street shall be closed to the public, except with the permission of the Engineer and other jurisdictional governmental authority, if any. Fire hydrants on or adjacent to the work shall be kept accessible. Provisions shall be made by the Contractor to ensure public access to sidewalks, public telephones, and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches. No open excavation shall be left overnight except during road closing. All open excavation within the roadway shall be backfilled and a temporary asphalt patch applied prior to darkness each day. A cold asphalt patch is acceptable. 1.06 SAFETY AND OSHA COMPLIANCE A. The Contractor shall comply in all respects with all Federal, State and Local safety and health regulations. Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety and Health Administration (OSHA), Washington, DC 20210 or their regional offices. B. The Contractor shall comply in all respects with the applicable Workman's Compensation Law. 1.07 CONTRACTOR'S USE OF PREMISES A. Coordinate use of premises under direction of Engineer. B. Assume full responsibility for the protection and safekeeping of equipment and materials stored on the site. C. Move any stored Products, under Contractor's control, which interfere with operations of the Owner or separate Contractor. END OF SECTION 01110-3 SiJMMARY OF WORK C1- RESTROOM MOL Atlantic Du E. Atlantic Ave. & S. Ocean Blvd. 1 SYMBOL LEGEND 1 ROOM NAME- ROOM NAME 108 ROOM NUMBER 3 INTERIOR A 2 ~-ELEVATION NO. I SHEET NO. NO. REV151ON9 TO DRAWING ( /II /~ INDIGATINCs EXTENT OF GRANGES INSIDE CLOUDED AREA CROSS g SECTION NO.--~ ~~ SHEET NO.~-q~ WALL SECTION NO. ~ A5 936 REFERENCE NUMBER (C.5.1.) ELEVATION NO. SHEET ND. ~- DOOR NO. ROOM NO. DOOR NO. ~- WINDOW NO. ID'-0" ELEVATICN MARK ~ DETAIL A5 SHEET NO. 1 GENERAL NOTES 1 I. All Work shall ba performed In strict accordance with the Florida BuIlding Gode, 7004 edition, end 811 local ordinances. Reference to other standard speclficetlons or codes shall mean ttro laeast standard or coda adopeed and publahed. 2. The General Contractor shall be reeponelble for complying with 811 codes, ordinance9 and shall obte In and pay ror all permroe, ceruncatlona and the nke, bosh temporary, permanent end special permits when required. 3. The Contractor shell provide ell required Insurance for protection agelnst public IIeb111Ly end property damage for the dwetlon of the Work Contractor shall provide and melnta In complete orkmen's compeneetlon, buildare risk Insurance, and other n dsary Insurance a may be required. Proof o£ Insurance shall be eubmltted to the Owner prior to commencemen of Work 4. All required tests shell be preformed by an approved teeting laboratory at the Contractor's expens0. Teat results shall ba eUbmltled tp the Architect/engineer, 5. The Contractor's Request for Payment shall Include release of Ilene for all materla la, eupplles, end sub-contractors' work relating to requaet. 6. All Change Order shall ba approved by the Owner and elgned by Architect and owner prior to pommer,cement ov any chengea In the wo k ~. t shell be the reabonelbllty of the Gpnvactof to femller126 himself with all condltlone of the site relative to ezlating work and the c nsvuctlon documents prior to c ncing Work Job site measurements are the cull respprolblllty of the Contractor and/pr 5ubcontrectors. 8. The Contractor shall verlfy~all dlmenalons In the field. Discrepancies shall be reported to the Architect prlpr to the comm cement of the Work 9. The Contractor shall coordinate the work of all trades at the time the work la performed on this structwa. No additional payments shall be made for the Contractor's fe llure to correct onflicting field condltlone. Correction of defects hall be completed without edditlonal charge and shall Inc Wde replacement o repair of any other phase of Inatalletlon that may have been damaged during repair or aud,rwork 10. It le not the Intent of these plane to show every minor detail of conatructlon, the Contractor le expected to furnish and Install all Items necessary to complete final work II. Do not scale drawings eo obta In dlmenelona. Any dimenolpns n t Indicated on drawings are to be confirmed with Architect prlpr to commencement of Work o 12. Contractor eha 11 comply with all statutory raquiramente rely tad to waste dlepoeal and safety precautions as requo-ed by local ordmancea. 13. the Contractor shell clean ell arena of work after construction Is complete. All trash and debris shall be removed from Job alts at the Contractor's expense. 14. See rchitectural plane, sieve clone, data lie, and schedules for additlonel notes end InformatlOn, refer LO speclflUtlons for specific materiel requirements. 15. Gontrector shell Include In hie bId all co>ts as tinted with materla l>, handling, delivery and storage. Unless where noted pthwwise, provide call labor, material, equipment and Incidante is seary for complete Work Contractor shall w rant and guarantee all mateFlele and workmanehlp for a period of one year from dateaor anal completion and ac ptence by owner. !6. In the event of any need for special aequencln~of work !a required, the contractor shall ange a conferenc with any parties deemed na seary for the purpose pf special echeduung before Work beglne.e 11. contractor shall provide a conatructlon schedule to the Owner Indicating proposed timing prior to commencing Work 1 ELECTRICAL NOTES 1 1. 4LL ELECTRICAL WORK SHALL COMPLY WITH THE FLORIDA BUILDING CODE 2004, THE NATIONAL ELECTRICAL CODE AND ALL LOCAL CODES. 2. PROVIDE TYPEWRITTEN PANEL DIRECTORY TO INDICATE PANEL CIRCUITING. 3. VERIFY PROPER DISCONNECT SWITCHES FOR A/C UNITS. SIZED PER NAMEPWTE. 4. ALL ELECTRICAL EQUIPMENT EXPOSED TO THE WEATHER. SHALL HE WEATHERPROOF. 5. TEIE ELECTRICAL SUB-CONTRACTOR SHALL HE RESPONSIBLE FOR FULL COORDWAT[ON OF THIS WORK WTTH THAT OF THE GENERAL CONTRACTOR AND THE OTHER SUB-CONTRACTORS. e. PROVIDE ARCHITECT /ENGINEER WITH AS-BUILT DRAWINGS. T. PROVIDE A GUARANTEE AGAINST DEFECTIVE WORKMANSHff. MATERIALS ANp EQllIDMENT FOR A PERIOD OF ONE YEAR FROM THE DATE OF FINAL ACCEPTANCE BY OWNER. e. ALL POWER AND CONTROL WIRING SHALL BE HY THE ELECTRICAL SUB-CONTRACTOR. 9. ELECTRICAL 3UH-CONTRACTOR SHALL BE RESPON3®LE FOR AI,L APPLICABLE FEES TAXES ANO PERMITS. 10. WIRING DEVICES SHALL HE U.L LISTED COMMERCWL GRADE. 11. ALL CONDUIT SHALL BE RIGID GALVANIZED EXCEPT AS FOLLOWS: A: EMT MAY BE USED INDOORS, WHERE NOT SUBJECT TO ABUSE. B: PVC MAY BE USED UNDERGROUND WHERE ALLOWED BY CODE. 12. ALL WIRE SHALL BE COPPER. ~y30 AND SMAIJ},R SHALL HE SOLID THHN. /B AND LARGER SHALL BE STRANDED THHN. CONTROL WIRING SHALL BE // 14 THHN. 13. TF3ESE PLANS ARE BASED ON AYAIL4BLE WFORMAT[ON. N01'IF'Y ARCIPfELT/ OWNER OF ANY CON-THONS WHICH AFFECT PROGRESS OF CONSTRUCTION. t4. VERIFY ELECTRICAL REQUBiEMENTS OF EACH PIECE OF E@UIPMENT PRIOR TO ACTUAL CONNECTION THERE-T0. 15. ESTABLLSN FOLD LIAISON WRH PROJECT MANAGER PRIOR TO STARTING WORK. VERIFY ALL EHISfING CONDITIONS AND NOTTFY ARCHITECT /OWNER OF ANY OESCREPENCIES.. 18. ELECTRICAL SUB-CONTRACTOR SHALL VERIFY LOCATIONS AN- CONNECTIONS TO ALL ELECTRICAL EgUIDMENT FURN13HE0 BY OTHEFLB, PRIOR TO INSfALLING OUTLETS, CONDUIT STUBS ,DROPS ,ETC. VERIFY LOCATIONS OF ALL CONTROLS FURNISHED BY OTHERS. INSTALL CONTROLS AND MAKE CONNECTIONS THERETO. 1 MECHANICAL NOTES 1 1. HVAC sub-contractor shell pp ovide all labor, materials, and equipment to inatell a complete and operating a/cr system. 2. HVAC sub-contractor to provide al] required HVAC permits. 3. HVAC sub-contractor shell provide equipment of the capacities scheduled an The plane. 4. Installation shall be in ccordance with codes having juristliction. 5. Duct board ductwork shall be fabricated from I" Johnsmanvllle J-M Microeire SD/MF fiberglass ductboard and installed per m nutacturer end SMACNA rec mmentlatioas. Flexible duct shall be thermeflex M-KE or equal. pact shall be U.LMisted. 6. All err devices shall be of aluminum Co match existing. 7. Cap existing ductwork as shown on plans. H. HVAC sub-contractor shell test end balance the as quantities to those on the plans. 9. HVAC svb-contractor hall p ovde nil c tractors, relays rid thermostats. The electrical ontractor shall provide ell switches. Thermostats shall be approved by the equipment S0. Sub-contractors shall provide a written guarantee that shall w ant all workmanship and materiels Por o e (1) year during the PirsL year, shell be paired t no xpense to the owner. The compressors shall have a 5 year warranty (labor & Materials). 11. All work shall be co rdinatetl with other trades to avoid interferences that may delay progress of construction. 12. Condensate piping shall drain to roof drain as per existing. Verify existing. 13. HVAC ub-contractor shell in tall ell ceee ry ffsets, bends and transitions required to provide a complete system at no additional st to Owner. 14. A/C condensate drains sbaH be installed by A/C svb-contractor. 1 DEMOLITION NOTES 1 I. Demolltlon cpnalate of performing all demolltlon ae shown on these drawings, and of any exmtmg constructon which m lea present po9luon wnl interfere wleh new conavucuon. The Gontrector will provide end perform any cutting or patching of existing nstructlon ea shown on the drawinge, or es reasonably Inferred. 2 All debris reeulting from demolltlon and construction shell be removed entirely from the nstructlon site on a dally beak to a waste area provided by the contractor. The costa or proper disposal of all ppnatructlon debris Includlnq dumpetar's, landilll fees, etc. are the respon9lblllty or the Gpnvactor. 3. All arena t scheduled for demolltlon, which are disturbed by demolltlon, cutting, patching ror In any other way by she contractor shall be restored . All reetoratlon shall be imperceptlbla upon completion. 4. The Contractor shall ba responsible io any damage which may o ur during demolltlon to: "Exlating to remain", <gwpmant, building feewras o other rotated property or the owner. The owner may elect to repair any damage caused by the Contractor, and charge the Contractor with those costa aeeoclated with the repalre. 5. The Contractor shall be reeponalble far all meta and fees aeeoclated with the demolltlon. 6. All conatructlon pore nel are required to be femillar with the drawings and speclflcatlOna end must understand the Full reabonelblltlee ror their respective trades. T. All loose Nrnlshinge and accesaorles well be removed by owner prior to demolition. 8. Any asbestos - cants lning m terle ls, if found, moat be removed and disposed of properly. 9. Prior to c encing any work the Gontrector mwt gravies a roll schedule as well as loglatcal planleJ ror the work y ` EXIST. CONC. TILE ROOF TO REMAIN _ _ T -_ ~T ~ I ~ C ~I ~~ ~~ ~I = rC~ _ -~ C 4'~ ~ IE ~I ~• ~REMOVE E%IST. SIDING TO CMU REMOVE EXIST. LOUVERS - TYP. EXISTING FRONT ELEVATION scACD: 1/e'-r-6" EXIST. CONC. TILE ROOF TO REMAIN .__ ~~. -_ IE ~ E ~ ~ E ~.C~ ` _ J ~-REMOVE EXIST. SIDING TO CMU REMOVE EXIST. LOUVERS - TYP. EXISTING REAR ELEVATION SCALE: I/a.=L_6.. ~- NEW LIGHTNING PROTECTION ~ ~ EXIST. CONC. TILE RODE i0 REMAIN / ~ . --- - - - - ----... _ ~- EXISTING HEADER - CLAD W/ HARDI PIANK EXIST. \ ~~-. ~ TOP OF BM. __ - ....... .. ... . ~ 2 ~ ~ ® ~ ~ I-- -I L $ \ \ NEW O.H. ODOR 2083 -V.I.F. ~ HARDI BOARD TRIM - TYP. ` NEW HARDI PLANI( SIDING `- NEW LOUVERS - TYP. FRONT ELEVATION NEW LIGHTNING PROTECTION / /' --- EY,IST. CONC. TILE RODE TO REMAIN ~/~ ^w 8M. SIDE ELEVATION ~I~,~~ HCALN: I/a'.1'_O" (DPP. HAND 56S6M1A) HOLLOW METPL DOORS \ o H1 ~ `~' 3. D., ~2. FLUSH OVERHEAD DOOP, vl DOOR TYPES FRAME TYPES SCALE: 1/4"=1'-0" SCALE: t/4"=1"-C° DOOM SCHEDULE SEE SPECIFICATIONB FOR HARDWARE REQUTAENENTS DOOR FRAME HARDWARE LABEL MARY TYPE MA1'L - SIZE TTPE AT'L IffMa/dC6 1 H1 NM 3'-O"x6'-6" C1 HM HDW PER HFR HHI-I 2 B2 9T e'-4"x7'-O" V.I F. ROll.-UP DOOR RY ATLAS, ROW-LTTE ORE HY 61FR. Louv~~ seHE~u~e SASH FRAME MARK MAT'L PREFINISHED ALUM. bIZE 3'-O'W z Y'-D"H NOM. HAt'L ALUtd. REMARKS VEAIPY EXACT SIZE IN FIELD ~INISN SCHEDULE ROOM NO. ROC41 NAME FLOOR BABE b cE1LMG CEILING HEIGM REMARKb GROUND FLOOR OS 64EN B%PoXY TOPPING EPPOXY TOPPDIC EPOXY PAINT EPOXY PAINT e'-0"i 02 HOMEN BXPOXY TOPPING E%PDXY TDPPD]G EPOXY PAINT EPOXY PAINT 8'-0 f -3 Sf0RAC6 3. CONC. N A EPOXY PAINT EPOXY PAINT 8'-0"t 04 VESTIBULE E%POXT TOPPING EPOXY PAINT EPOXY PAINT 8 -0't _ '_t i I I REMOVE EXIS?. SIDING EXISTING SIDE E SALE: ~/6"_,'_6• ~ NEW I i ~. HARDWARE LEGEND EEf HW 1/2 Poir Hinges Tnresttala 1 Se[ Passage HarOware Deaaemi (t /z' mrow) 1 Se[ Weotttersiripping Lockeet Oy Best REFLECTEI scALE: 1/a"=1'-6° REAR ELEVATION -~ i 1 ~ ~. mt~ f~ ~1~ i lure xa I uw9s t i . l !I SI tl;. r.n _~ ' ` i M. hair r„L, Fl,~,w : rx _._..' i~., .... __ s+w..raa !.! ~n G1 rs P~ " ~ ___ TYPICAL HARDIE BOARD INSTALLATION DETAILS N r.s. IWW DO'W & DOOR OPENINGS T-0" WIDE AND LARGER) 2" X P.T. BUCK VJ/ 1/4"0 X 1 7/4" CONC. EMBEDMENT TAPCON W/ 1"0 WASHER AT 8"o.c., START 3" FROM CORNERS HARDI-PLANK TRIM ~ • DOOR PERIMETER (WINDOW & DOOR OPENINGS 6'-6" 'NIDE AND SMALLER) 2" X P.T. BUCK W/ i/4"0 X 1 t/4" CONC. EMBEDMENT TAPCON W/ 1"0 WASHER AL 12"o.c., START 3" FROM CORNI BUCKS TO 8E FASTENED HORIZONTALLY AND VERTICALLY TO CONCRETE BEAMS AND COLUMNS OR CONCRETE FILLED MASONRY. ix BUCKS SIMILAR, UTILIZE SHORTER TAPCONS. G.C. TO COORDINATE OPENING DIMENSIONS. TYPICAL WOOD BUCK TO CONCRETE CONNECTION DETAIL 1. EXTERIOR GLAZED OPENINGS IN BUILDINGS SHALL COMPLY WITH REOUIREN OF LOCAL AND/OR FLORIDA BUILDING CODE 2001 BY EITHER BEING DES16 IMPACT RESISTANCE OR BEING PROTECTED BY IMPACT PROTECTIVE SYSTE 2. SEE MANUFACTURER'S DATA FOR BUCK SIZE (1 x, OR 2x P.T. BUCKS.) ENSURE MINIMUM EMBED OF TAPCONS OF 1 1/4'. EXTERIOR WALL HOUSING MANUALLY OPERATED MILL- FINISHED ALUMINUM OVERHEAD ROLLING DOOR BY ATLAS, ROLL-CITE, OR EQUAL. WALL GUIDE ROLL-UP DOOR DETAIL N.r.s. NOTE: ANCHOR ASSEMBLY TO WALL PER MANUFACTURER'S INSTRUCTIONS SINK MIRROR ~ B-T90 3T36 OR EQUAL GRABBARS B-6106.99 X 36 OR EGIUAL B-6106.99 X 42 TOILET PAPER DISP. B-214 • BOBRIGK HODEL NUMBERS SHOW) -SOLID SURF. BY SANTANA SINK EPOXY PAINT ~ EPOXY BASE (STD. COLOR TC BE SELECTED BY ARCHITECT; ELEVATION - MEN SHOWN -WOMEN OPP. HANC PLUMBING NOTES ~t-2 RAND Fl J ~ TC-2 TC-1 0.10 1 ~ I 00 1 ~I / L I I i~ \ 1 '~ ~ ~ - ~ ~ X1.3 ~ 1.2B i ~ i1.12~14 NANO 1-1~ DRYER ~" I~~ %/ E DRYQtJ -- 3-t6 099 PP -- ~ ~ 093 f1 (Tm.) LEDGEND: Q E%(31TNG J-BOX ,mi / ~-vx FL000 LTG. l H rE EXST. WALL MTD. FD[TURE $ SWITCx e ~ EXIST. DUPLEX RECPT. CEWNG MOUNTED LIGHT ~, 12"x48" FLOURESCENT PP LUTAON PP-ROH P014gA PACK OCCUPANCY SENSOR. 30 MIN. DURATION FOR AUTOMATIC CONTROL OF WGHTING. PP LUTRON LOS-CDT-2000 WTT OCCUPANCY SENSOR. (30 MIN. DURATON FOR AUTO TIC CONTROL OF LIGHTING) REUSE EXL6TING NNCITON BOXES DRYER A (TYP.) 1. INSTALLATION SHALL BE IN ACCORDANCE WITH THE 200 2. ALL MATERIAL9 SHALL BE NEW ANO CODE APPROVEp. 3. VERIFY PLL EXISTING SPNRPRY PND WATER CONDITIONS IN DIE Bl BE COPPER. AlL NEW SANRARY PIPING SHALL HUBLESS C.I. OR F PIPING. 4. THE PWMBINC SUB-CONTRACTOR SHALL fURNISH A WRIDEN CUA DEFECTS IN MATERIALS AND WORKMANSHIP FORA PERIOD OF ONE OWNER. REPAIR OR REPLACE ALL WORK WHICH BECOME .,. PLUMBING SUB-CONTRACTOR SHALL PROVIDE REQUIRED 6. INSTALL PLUMBING Fl%TURE9 AS INDICATED ON THESE PUNS. COF ]. ALL E%CAVADON AND`HACKDLL AS'REOUIRED FOR•THISTPNA3E OF CONTRACT. 8. RUILOING DRAINAGE SiSTEM IS EASED ON 1/S"/ Fi. MIN. FALL P ARCHITECT / ENGINEER. 9. DO NOT SCALE FOR THE EXACT FIXTURES, PIPING EOL 10. ALL WORK SHALL RE COORpINATED WITH OTHER TRADES CONSTRUCTION. 11. WATER PIPING SHALL 9E ttPE 'L" COPPER WITN WROUGHT SOLDEI ttPE "M" WHH PkOPER SLEEVING AND NO JOINTS BELO 12. FURNISH pND INSTALL APPROVED AIR CHPMBER OR SHOCK ABSOR, PANELS AT EACH FIXTURE GROUP. 13. PLUMBING SUB-CONTRACTOR SHALL PROVIDE ACCURATE ARCHITECT / OWNER PRIOR i0 FINAL SIGNING-OFF OF 14. THESE PUNS ARE 8A3E0 ON AVAIUBLE INFORMATION. VERIFY EXAM PROVISIONS. 15. VERIFY EXACT CONNECTIONS OF ALL EOUIPMENi SUPPLIE i6. COORDINATE TIE-IN OF GAS PIPING 'KITH GAS SUPPLIER W LAV. VJ 1-2 F2 (TYP.) ELECTRICAL PLAN SCALE: 1/4"=1'-0" BATHROOM LIGHT HMe cLOCx r Exls'nNC DcxT TM(E CLACK EXISTING NEW PANEL METER 1 120/240 V ® iPH 100 AMP DiRICAT[ON AIC=10,000 TINE CLOCK 3-3 AWC IN 1 1/2" C -EXIST. FEED FROM FPL ELECTRICAL RISER ~EXISI LINE SANITARY RISEF (MEN SHOWN - WOMEN AJ ~ III A JL 1 Y~ to 1 1 1 1 V~ J.J ICJ V MARK DESCRIPTION MOUNTING LAM F1 ALUMINUM 14 i/2"x48" FLOVRESCENT FIXTURE CEILING TB 32 Y F2 FLOOD LIGHT WALL 100W F3 ENTRANCE llGHT CEILING 70 MH TYPE L°"°CE"TER MAIN BUS,DGA SERVICE ,W/3W PANEL NEUTRAL FGLL VOLTAGE 1zD/zoo MAINSMLo MOUNTING suRFACE ~ LOCATION POLES 30 SEE PLAN OEM. VA. N0. GEM. v.A. TRIP POLE I WIRE (]ESC RPTON C K r G K r DESCRIPTION WIRE TRIP POLE N0. OEM. V.A. DEM. V.A. 380 20/1 12 STORAGE AREA 1 2 FLOOD LIGHTING 12 20/l 400 380 20/1 12 WONEN3 RE9TROOM LIGHTS 3 IRRIGATION 12 20/t 1500 380 20/i 12 MEN3 RESTROOM LIGHTS 5 6 OUTSIDE POLE LIGHT 12 20/1 200 2300 20/2 10 HAND DRYER ) 8 HAND DRYER ]0 20/2 2300 s m 2300 20/2 10 HAND DRYER 11 12 HAND DRYER 10 20/2 2300 t3 1a 15 16 t] to 19 20 zt 22 z3 za 25 26 2] ze 29 30 saoD s]o0 ELECTRICAL NOTES 1. ALL ELECTRICAL WORK SHALL COMPLY ' AND ALL LOCAL CODES. 2. PROVIDE TYPEWRITTEN PANEL L 3. VERIFY PROPER DISCONNECT SS 4. ALL ELECTRICAL EQUIPMENT EX: 5. THE ELECTRICAL SUB-CONTRACTOR SHA THE GENERAL CONTRACTOR ANC 6. PROVIDE ARCHITECT / ENGINEE 7. PROVIDE A GUARANTEE AGAINST DEFEC FROM THE DATE OF FINAL ACCT e. ALL POWER AND CONTROL WIRIF 9. ELECTRICAL SUB-CONTRACTOR SHALL B 10. WIRING DEVICES SHALL BE U.L. 11. ALL CONDUIT SHALL HE RIGID A: EMT MAY HE USED INDOORS. B: PVC MAY BE USED UNDERGF 12. ALL W[RE SHALL BE COPPER. ~l0 AND CONTROL WIRING SHALL HE ~ 1 13. THEBE PLANS ARE BASED ON AVAILABLI PROGRESS OF CONSTRUCTION. 14. VERIFY ELECTRICAL REQUIREMENTS OF I5. ESTABLISH FIELD LIAISON WITH PROJEC' AN- NOTIFY ARCHITECT / OW NE 16. ELECTRICAL SUB-CONTRACTOR SHALL VI BY OTHERS, PRIOR TO INSTALLING OU17 FURNISHED BY OTHERS. INSTAL; 17. INSTALL CERTIFIED LIGHTNING PROTECT'. REVIEW AND ACCEPTANCE, COORDBNATE 0 3 0 a S~ a ar 0 i E 0 b :v ~i O N ~. Q O ~ ~' f ~Q" ~9 O ~ ~~ . ~ ~P~/ p 4~® i _ :J .--...... J Y Z Q i /~ z J ~1 4 :~ v+ c JJ } ._ ._ i r _ ~._ __ N'HII~ UP. ~~_„ _.e.. _. _. ,...,,,. ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, P.E. Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 7, 2009 SUBJECT: AGENDA ITEM 8.I.3 -REGULAR COMMISSION MEETING OF MAY 19, 2009 CONTRACT AWARD/WEEKLEY ASPHALT PAVING, INC. ITEM BEFORE COMMISSION Requesting Commission approval/authorization fo Asphalt Paving, Inc for the Narrowing of Atlantic generally consists of removal of existing pavement Total cost of this contract is $99,475.27. r Mayor to execute the contract with Weekley Avenue Project #2006-01. The scope of this work concrete curb work, sod and pavement markings. BACKGROUND The project is located on the south side of Atlantic Avenue between I-95 and SW 12th Avenue. The purpose of this project is to remove un-utilized pavement and replace it with sod. The Atlantic Avenue Gateway Feature is a subsequent project that will utilize this area, which will include the artwork, decorative lighting, and new sidewalks. This work will be accomplished by utilizing an existing contract that Broward County has with Weekley Asphalt Paving, Inc. for construction of roadways. Attached is a proposal from Weekley Asphalt Paving, Inc., a draft of the Standard Form of Agreement between City and Contractor and selected pages from contract #HZ05376B 1 between Broward County and Weekley Asphalt Paving for General Roadway and Miscellaneous Construction (if approved, the entire Broward County contract will be included with the signed copy of our standard agreement). FUNDING SOURCE Funding is provided by the CRA and is available in account #334-4141-572.68-17, Gateway Miniparks. RECOMMENDATION Staff recommends approval. WEEKLEY ASPHALT PAVING, INC. 20701 Stirling Road • Pembroke Pines • Florida 33332 BROWARD: (954) 680-8005 FAX: (954) 680-8671 WAP JOB NO.: CONTRACT NO.: H-Z-05-376-B1 COMMODITY CODE: 91395 PG NO.: DESCRIPTION: Delray Beach -Atlantic Ave Shoulder Bulb Out Bid Item Quantity Unit UnitPrice Description Proposed Amount 5 20.00 HR $147.00 Survey As Builts (Signed & Sealed) $ 2,940.00 9 224.00 ED $1.55 Work Zone Signs $ 347.20 14 1,400.00 ED $0.65 Barricade-Temp (Types I, II, VP & Drum) $ 910.00 15 56.00 ED $26.00 Advance Warning Arrow Panels $ 1,456.00 28 0.26 Acre $9,000.00 Clearing and Grubbing $ 2,340.00 29 1,271.00 SY $7.50 Removal of Existing Pavement $ 9,532.50 31 520.00 LF $10.00 Remove Concrete Curb & Gutter $ 5,200.00 34 424.00 CY $28.50 Regular Excavation $ 12,084.00 36 318.00 CY $19.20 Embankment $ 6,105.60 42 1,271.00 SY $2.90 Top Soil $ 3,685.90 74 1.00 EA $3,900.00 Inlets (Curb) Type P-5(<10') $ 3,900.00 89 1.00 EA $3,600.00 Modify Existing Drainage Structure $ 3,600.00 130 520.00 LF $51.00 Concrete Curb and Gutter (Type"F") $ 26,520.00 154 30.00 MG $45.00 Water for Grass $ 1,350.00 156 1,271.00 SY $4.95 Sod (Argentine Floratam) $ 6,291.45 170 100.00 HR $31.00 Additional Laborer (Inc all Pay/Fringe Benefits) - Sawcutting of Clean Edges, Sweep and Clean-up of Project Limits $ 3,100.00 252 1.00 AS $1,800.00 Sign (Single Post) (Less than 12-25 S.F.) $ 1,800.00 253 3.00 AS $100.00 Remove Existing Sign (Single Post) $ 300.00 268 4.00 EA $7.00 Pavement Marker (Class B) (Reflective) (Furnish and Install) $ 28.00 272 264.00 LF $0.88 Traffic Stripe (Strip) (6")(Thermoplastic) $ 232.32 279 3.00 EA $77.00 Arrows (Directional) (Thermoplastic) $ 231.00 281 1,297.00 LF $1.20 Traffic Stripe (Solid) (6") (Thermoplastic) $ 1,556.40 283 114.00 LF $2.35 Traffic Stripe (Solid) (12") (Thermoplastic) $ 267.90 285 30.00 LF $5.90 Traffic Stripe (Solid) (24") (Thermoplastic) $ 177.00 295 24.00 EA $ 30.00 Sprinkle Heads Pop-up Rotating $ 720.00 300 600.00 LF $8.00 Sprinkler Line 1" PVD Sch. 40 (includes all pipes fittings, valves, connections, excavation, backfill, restoration, boxes, etc) $ 4,800.00 TOTAL $ 99,475.27 This is only a "Budget Quote" based on what should be expected. The actual cost will be based on field measurements and as agreed to by the owner and Weekley Asphalt Paving, Inc. {~" .~: ~~ ~~~~ . . Finance and Administrative Services i7et~artrnent I't#RCW~SIlVC Dl~IS1C}~I 115 S. Andrews Avenue, f2oam 212 • Fart i.auderdafe, Florida 333G1 • 954-357-6(1f5 • FAX 954-357-8535 October 1, 2007 ~Neekley Asphalt Paving, Inc. 2~SS5 S.W. 36ct~ Street Heston, FL 33332 Attention: Daniel ~. Weekley Reference: Bid ;~# H Z 4S 376 B1 for Czeneral Roadway and Miscellaneous Constructian Dear Mr. Vi~eekley: We hereby accept yr~ur written offer to renew the above-referenced contract. 'T'his final renewal is subject to all terrrtslconditions contained in the origizxal contract. This .contract renewal is in effect far the period beginning June 27, 20U8 thru June 26, 20Qq. A copy of this notice is being forwarded to the appropriate fzser(s). Purchase C)rcler(s) will be placed as and when required. Thank you fo*i• your interest in daSng business with Broward Jaunty. Sincerely, Brenda J. Billingsley, D.iaector of the Purchasing Division Purchasing Division f r y "`QQQLLL~~'~~` `chard L ricella Constrtictior~ ~Purciza~in~ Age~rt 1Y - . _ Cc: Engineering l~ivisit~n nJB:spg .,~ .; . Josephus r~9enetion. Jr. • sue Gunzbur9ar . rCrise~n o. Brov~ xe~ Kee tY Baird a ~unty,Co>~nrtliSSioners .,..,,~ Chl • If~h8.Ll2berman >:5€aeY;RfCter;•,JOhn~. Raclstrom, Jr. • Nana Wassermarr•RU~In "'`~ www~dra~+~rtl:otg%ptirchasing ~olswax~sr SU~Mt~" Btf'? TQ: BaAFiO UF' CCl€JNTY CL3MMlSSiONIr~#S ~.~. gg Broward County Purchasing Olvision Room 212 115 S Andrews Avenue BRt3WRRp COUNTY, FLUF1lDA , . i~ .~ ~t~IJN`fY Fart lwataderdale, Florida S33ti1-18171 ~ [ ~ 1 1 i V ll 3543576065/66 .. Bidder Acknowledgment ~~1~E6~~L Ct)P~~1~"IC~NS -~-~- THESE INSTRtJCTiQNS RfdE 5TANDARD FUFi ALL CONTFtAGTS FDR COMMO€~1TIEStSERViCES lSSUEf3 BY THE F34AFIt~ OF CQUNTY CDMMiS81©Ni=RS~ TfiE S~3Af~ia C7~ Ci7llNTY COMM155tQtVEFiS MAY C1EL~Tiw, St7P~iS~1~E Ofi MOQIFY ANY qF THESE STANDAE~ta INSTRUCTIONS FflR A PARTICULAR CONTRACT BY INDICATING 5t1CH CHANGE IN THE SPECIAL tNSTRUCTIQNS Td t3idDERS t~R IN THE i31i~ SHEETS. BY ACCEPTANCE flF A PIJRCf-4AS1; (3R1]ER ISSUEt7 BY THE COUNTY, BIt?taEfi ACaRE1=S THAT ~'H~ PFtOV15fOi~IS ItVCLiJDED 1NITHIN ThttS INVITATION FQR BID StaALI_ PREVAIL. C)VER ANY CONFLICTiNC3 PROVISION WITHIN ANY STANt3ARD FORM CC3NTFtACT pF THE BlbpEta REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT Tq THE CONTRARY. 1 tl i B ~ b ~ ~ °` ~ g ~ SEALED I~tos: Thts form rinaast be L'XOCtEted and subW a€DS wILL 8E aPENEp 2:0a p n3, NtAR~N 2i, 2QR5 rrlttte(i With i~tl bid St1eEts ar-d ShOUfd 130 In ~ BB~iett and maY not bs withdrawn within 80 caien8ar days ai[ar such date anrs time. ernretope. (PLEASE INCLUDE flNE ORIGINAL SiGNEI] aIpTITLE I3If7 DOGUMIwNT IN BLtJI=INK AND gNlr F'I-IC7TQCOPY tJf=SiCNEDSIQIJOCUMENTPEI~ENVELdPE).Theface ~EAt~R61t.Ft0AE}WAYftVtt3~ibLt.AldEOt3SCOr+tST(~lOt~-SfIL.Tr~~f~tK7' of t#te envelope should cvn$ain the above address, the data and thetirr~e of bid openingg, and bId number. Bids natsubmit~ AtI bid t t d b s are su jec o . tsd an attached bId may #Se rejecte thecondltlans s{p eGifiad tiarein.Those which dv natcvmpiy gio No. HZ853768t with these conditions are subject to rejection. i. E}C'ECttTt(9id OF BID: A. Bid rrtust contalr~ art oric~inel PURCHRSING AGENTi3ANiE &7ELEPHUNE NUMBER Sl~natklre of an individual aUtharized to btrid the bidder. At1td PATTER I9S4) 357-6549 Bfd rriust foe typed yr printed in ink. The ink should be blue ink, AEI aorrectlons made by bidder to their bid must i]Ei.iVERY DATE also be initialed. Tl~a bidder's name should also appear No award e ed t if i l3 f th bid h h SEE SPECIAL INSTRUCTION qu ee r r . . e s on eac page o er wilt be made to a bidder whp is delinquent in payrrrent CASH t71sCOiJNT 7E ~s at any taxes, teas, tines, contractural debts, judgt~ients, ar any Oth6r debts due and awed t0 tl1L' County, ar iS in d8fauit an any contractual or regulatory obI't~atian to She BID GUARANTY IS ATTACHt:f7, WHEN REQiJ3REG7, EN 7FiE AMOUNT OF $ Coun#y. fay signing and submitting this bid, bidder at#osts that it is not delinquent in payment of any taxes, leas, fines, contractual debts, judgments or any other debts due and owed fa the County, nor !B tt in default an any REASON FoR Na 6irJ - eoniractual or regulatory obllgatlon to the C:auniy. In the f l d b a se, to s avant the bidder s statement is discovere bidder ~xill be subject to debarment and the Country rriay FEC3ERAL EMPLOYER I.D. orSgCiAL SECiJiat7'1' NUMBER terminateanycvntractithaswithbidder.C.Biddercertifies ~ ~~~ ~~ by signing the bid that no principles or corporate officers CUN g, SRAf1"u7FtEirT NUMBER at the firm snrere prrrtc-ples or aarpvrate officers In any ~ ~~ have been suspended or debarred other firm which ma y from doing business with Broward County within the last atov~R NANIt= three years, unless sv Hated in the bid documents. D. and all s#ate- bldderat#ssts $hat an this bid in B i y g , gn y S rrlents, oral, written vrr~therwise, made in Support Of this bid,areaccurate,trueancirorrect.8idderacknowledgi?s BID©ER MAILENG A©DRESSfCITY1STRTIP '~Q~'~~ ~~~~~ '~,~ thatinaccurate,untruthful,orincarrectstatementsmade fn suppiirt of this tiid may be used by the C6uriTy as-a. rescission of the award or i~ctian of this bid basis ffor re _ _ _.~ . t-Yt~7YO•• ~.~5. i ~~• ~~~~ , , l tarrrilnatian of the cantraet. Bidder acknowledges that ARI=A coar~ rs~~pi-IONS Na. caNTRCT ~~RSaN the tarminativrl of the can#raet because of a deterrr-ina- Elon of an inaccurate, untruthful. ar incorrect statement ~~ ~~~ -g~ . ~h~ `~~~i ~,~ `~. y~ ~Q~~ made in support of this bid may also serve as the basis • ~ far debarment of bidder pursuant to Section 21-1 t8 of the Broward County Administrative Cvde. t=Rx N '"$~ (~$Q..- $~~ ~ sii7pEr~s s-MAIL AaiaRi~ss ~ - ~Qa, ~~ p~ ~ CQfif} 2. BiF3 WtT'Ht"1RAWAI.: Na bidder may withdraw their bid before the expirationof ninety X90)calendar days from the date of bId Opening unle55 vendor Sa Hates in tI18 b[d. ,c~u-~-~„~a~t~~~ ~i~ ~~{su8r~tinrfgindi in blue ink) (COniinue[€nn rage 2) PR6NT NAM6* ~~~q~ ~~tG TITLE t~5. 'I ceAiryr EMI Shia bIQ ismedsr+'Ifmut prFer underelaniHnp,tSreemeni, ottonrwtt3onwgh eay torpareUon,llrmtrgaitaneu6mtkSing a std tortFa tame Iiemtltervieos, end 1s ine€i ratpacia tairend wlilvsuttatlutlenor6tud.1 agree fo tkWa 6y s41 condMians of tAle bid and serkify that t am authnrlxesf b sign Ehla aSd (cr iF,a aSdder, fuRher by signawre atlhla fDrrn, pages i fh~ugh 5 era atkntwiedgec3 and accepted at wail as tmr spetlai Instruerbn afree~ey # appiiesGk, farm#f43.28(Aav.1/oGj PRL~O 1 ref 6 13103 ~~. W ~~®~.3r6-~~ ~~®~~®u~l i~~. ~ ~~~-~~„z~o®s ~~~~~u~E ~~ ~~~~ ~~~ ~u~n~~~Y ~~~ >~-~ R~~ ~~ ~N® ~fw N ~3c~s ~~ ~T~U~T~t~t~ Consideraticn of indemnification $25. 0 -'~"/ *Perfprmance and ~'ayrnent Bond Premium (Not to exceed 3%) $ ~~ T *Insurance Premium (Not to exceed 3%) Group 1 Itet-ns 1-182 (raving & ©rainage) Grain 2 Items 183990 (Street Lighting) Group 3 It®ms 991-250 (Signalizatian items} J r- +~ ~ -.CSC'.. Grcaup ~ ttet~s 25'1-286 (Signing & Paverrtent ~fartcings) Group 5 items 287'-315 (Sewer Items) Group 6 Iter:~s 31~-317 (Auger Idles) _.~-,.. GRAi~ID TOTAL BIt3 RMOUNT INi~E~lNf~ICATI~N, PERF©RfEIIANCE ANA P~OYR111=NT 130N1~, INSURANCE & GR©IIPS 1 ~ 5 $~~ k .,~:~ *The Performance ar~d rayment Guaranty and Insuranaa Premium prices are not to exceed 3% o~ the total !R ~~s amount. The 3% ceiling fcr each fcr each of these pay items is not a reflection of responsiveness; it is only instruction on fire maximum amount the County viii pay far these items. Any amount in excess of 3%fcr each of these pay ltet~s will-be moved to another pay item, however, the total bid amount will not change. NAIv1E 41= CClMI~ANY CRPV~C•!'~72•aUDS APlPN{I~It1301 iAe©3.2flD6 3121AB Revf~ed Paga 23 of tY4 PRl~~iiC~~S Ci31~T'i~AGT N®. Hd9-03-2~~•!3't Bt13 NO. F~-~-05.376-f31 13lt~ SH~~`1° (C®r~tin~aed} GENEL. ROAB~~-Y Aft tSC ~i~ COWSTRE~CT€C~iV ~~N-~~~L~~~E®1VlA~~KET 1"O: BOAR[ OF C~BUNTY GC3Mi~ilSStONERS BROWARQ D(}tJlVTY, FLC7i~i[~A Ai€ bunks have been filtad in, BICB SE•fBET i~ attached t® the cantpisted "invitati~en Prsr Bid°° artd returned hereswith. in accordance vu'ith ail tern'1t5, corsditions, speci9icaticans arld rettuirennts, the bidder offers the foiiowietg; The Bnginsering Division has approximate€y $500,000 per physical year budgeted for this project." GRt~uP ~ (~~'1=t~~ 9-ia~~ I"I"I~fJi Ct7l~&M®[9lTY CL~®~ {9°i395) UIVtT' I~t3. DESCRiP'Fi®N UIVi1' C~UANTi'TY PRIG iA~diQUNT 4. t3A.T. ~1Q1~1A, Mob€€ization (Mobilize W€thin 24 Hours - ~rnergency C}nlyj f=a. 10 \ ~. Perrn€t P@es ~ IV~r3"Brflward County At... a 2a. Port Everglades Security Background Checks, I.D. Badges ~ i;Tackside Permits Ai". 1 3. iJn$uitable foil lDaterials Removal and Dispasa€ Cu. Yd. 1 ~. Florida Power ~ lAight AL. 1 5. Suer@y As Buiits (Signed & Sealed) HR 40 _. ~._ __6.... D.O T _#'iQ't-'tB,_Mol'i€€izat€on _ --- ..... ...__ _. _ ... . (Mob}€ize Within One Month) (Included in Cost For Baal €temj NlA IVlA $ 1 ~~b.abb.bb $ 1,bbtlAf~ $ 5,b€}b.Ob ~o.oo ~,. ~a.a© $__ ~ .~?. C3Q ~~c~.obo.bb ~~~.ao~b,_,,.~.,, $ 1 0{l_,,,b~ ~ 5.Ob0.40 i~~nntr ®~ ~®i~~A~x: ~1CL'Y A~P~~L'C P~i~~~lC~,1~ GR~AC-fi@~~ 2flQ5 ?J'lBf66 Page 25 of 84 ~~~trl~u~ c~~T~T ~~. iw-s-o~-2a~-~~ ~~~ f~s~. ~-~ o~M~~M~ ~ ,~ ~ f~l~ ~~~~T (~~ar~tlr~u~d) ~~~~t. ~~~~~~~ ~~t~ t~~~c~L~~~~u~ ~t~t~sT~~cTt!~t~ 61'Ei1~i C(?M~l~®>iTlf GQD~ (91395) !l~11T N®. ®E~C~IPTlC91~ l!RlIT C,$UANTIT~ PF~ICE 7. ®.Q.T. #1 ~~-6, Commeraisl rriateriai for driveway maintenance (ilmsrook) Cu. y~. 6 ~ ~_ 8. D.Q.T. #102-10, Q#6-fluty- Law Enforcement Officer M~ 40 $ ~~ ~ 9. D.Q.T. #102-50, ifVorit Zone Signs E.b 1,500 ~ 4•~~ '~~. Q.Q.T. #11.2-61, 8t~sines5 Signs ~iI. '~ ~ ~i 4 ~~"~' 11. C3.Q.T. #1t?2-69, Temporary Curia i_,k" 400 $_-_ _ - tC`~.C~ 12. G.Q.T. #102-70-1, Concrete Barrier Walk (Tervtparary) LF 50t? ~ Z.~.C~ 13. Piastio (Water-Filled) Barrier Wall (Temporary) ~2" Migh t~F 500 $ "Z'S 14. D.(~.T. #102-74-1, Barrica~fe (Terr~porary) (T"ypes i, li, VP & Drum) Eft 7,000 $ X1,6 75. D.o,T'. #102-76, Advance Warning Arraw Faneis E® 100 ~ ~~~ 1G. D.4.T. #102-77, Fligh intensity Flashing tights ~© 1,500 $ t ~ 17. G3.~.T. #1f12-9i~, Sign Variahle Message (Temporary) E® 6 $ 44 C~ Pavement Marking (Tape) (IlUhite) {Skip) t.F 300 $ 6.7t~ A~f®tlJ~1T 2~Q. ~ ~ 2. ~ `3 Z~a.t~CS ~ 2, ~,'z ~.C~6 ~ 6 t ~~7.C~ ~ ! 4.,.t~ ~ ~,ss©,~ $.T, 2~ ~c;~A•C~ $ ~~'~' . ~ ~ '2,®tC~,C~J Gi~~tiG•PG92.2~05 ?J451D6 Paga ~6 of 84 19. ©.4.T. #102-911-2, Removable pavement fillarking Tape) (~thite} Solid) LF 399 $ ~-~4 $•„, ~ ~ ~t®.OC} 20. ©.C3.T. #132-919-3, Removable Pavement Marking (Tape} ~1l~hlte) (other) SF 100 $.--- .~~.~ _ _ $ '~ ~iOpOO 29. ~.C3.T. #102-912-1, Removable Pavement Marking (Tape} (Yellow) ~Sklp) LF 300 $ ~ :7C> $ -'~ ~C)1C~~~ 22. [3.4.T. #9 Q2-912-2, Removable Pavement Marking {Tape) (Ysllovv) (Solid) LP 300 ;~ C .74 ~ 2,C~1C:3.C~3 23. p.C>.T. #102-9'12-3, Removable ~ Paverr~ertt Marking (Tape) Yellow) (Other) SF 10Q ~ 2g-fA ~ 2,~1~.C~1 24. p.C7.T. #104-101, haled Hay or Straw Ea. 900 $ l~~' $ ~ ~ ~'.~ 25. l~.U.T. #104-11, ~'loafang Turbidity Sarrier LP. 300 $ "Z~CJ") ~ "~, ~C~O.C~ 26, f~.O.T. #104-12, Staked Turbidity barrier L.F 100 $ ~.g0 ~ ~~ . 27. A.(3.T. #104-13-1, Slaked Sill: F~:r3Ce (Type ill) LF fi0Q $ `~-7 ~ ~ ~~~,~4..~ ~a. o.o.T. #110-1, `~ p C~~ ~Q, c~3C)~aC3 ...._ . ...._olearing-and Grubbing _ _ _._..Aore .......... .........----10-.. . .._. --$- _~;~. ....~$~ ___ _.~ ~~~ O~ cc~n~t~~N~: V~4..~~° ~~P~i~4L'T ~~1fl1~l~,1~ '1 ora~c-~~a~aa~a~ 211 BIO$ ~a~e 27 of 84 pR~~iC)t1S C~Ptl"RA~GT iyC~. i-#-~-0~-24~~~'l ~31D ~~. ~-~-05-3~°S-~1 ~i® ~H~i=T {G~rr~#ir€~d} ~~i~~l R®Al~}V41 !~ D M1S~Ei4.I..~N~t3~i~ ~.®I~ST I~CTI®~ ~'S ~/A ~vr am. a n~..r 1°i"~1Vt C®~fEAAt7DiTY C®®E (s'1~95p ui\iIT A#C9. ®E~CRlp7'i®dV l.fitil~' t~1JJ4PtTi'I'1° pIRiC~ ~.t~tQ6J~i~ 29. D.Q.T. #11E}-4, Removal of existing Paverrtent Sq. Yd. 3,540 $ ~'~ ~ Z~,2~3~J 30. i:3.Q.T. x#114-~&{~}, Remove Concrete (Up to 6" thlckrEess} Sc~. Yd. 2,000 ~ "2"~, $ ~a~,4C~.OC3 31. D.C7.T. #110.4.{B~, Rerr9ave Concrete Gurb and Gutter LF 3,000 $. ~SC3-~ $ ]sDC34.~ 32. D.Q.T. #110-4~C), Remove and Replace Decorative Pavers for M~C#tar1S and Driveways Sq. Ft. 1,000 ~ g •~~- ~ "~y~~ 33. D.O.T. X110-4(D}, Install Decorative Pavers fc~r Medians and Driveways Sq. i=t. 1,000 $ "1.~"~` ~ _ ~ ~- 47Q.~ 34. D.©.T, #'62[?-"l, Regular Excavatir~n Cu. Yd. 4,040 $, ~ ~~~~~ ~,~ ,. ~ l ~ ~, ~ 35. D.®.T. #12d•5, Cha€~nei~ t;xcavatior~ Cu. Yd. 2,040 $ "~~.~3 ~ - 7C~r~ 36. D.Q,T.#'f 2t3-6, ~mba~krr~er~t Cu. Yd. 5,Q130 $ t~ •~ ~ ~~, 37. D.O.T. #12'k-70, Fill Fiawable Cu. Yd. 200 ~g ~~~,3 $ ~~ ~~~ 38. ©.d.T. #x-529-7(1, excavation and i~l5po5a1 O~ Landtlll ^ebrls Cll. Yd. 1010 ~ ~^~ $ _ ~i.`~ 39. D,C1:T. #145-74-1, . Gersynt~etic Reinforced Soil Sloes (Tensar) (t~yamat) SF 1,200 $ ~~~ $ _`~,'~~~.~ _~__._ _~.._4p~.....- _-.DYQ:T~#1544,-Stabilization _ . _ _.. . - . ___-. __. ..._- ._ __._._ Type ,~~~: Sq. Yd. 9,4C1t3 $ '~>~C) ~~ ..~..~-~C~('~3 ~f~LEY ~~P~~t~`f dill, iN~ N,~~E flF ~onAP~~tY: ort~nc-~s~z~zo~~ zr~sras ~a~a a~a of as PRI"1110US CO€~TRACT NC}. H.g-Q3.242-81 E31D hlfl. E-#-~-05a37B-~1 ~~® ~H~ET (Ce~n~ir~ued) ~IWEuE~. ~a~~uvA~r AEV~ r~>fsC~l_i~Ara~~~s ~®P~~7~UCTION ~~~~-S~CL i ~~I~u ~~i~~ [ ~ i'TM C®EUll~Ifli31TY C{3t3E (9'1395) iJ~IT NO. ®1=sC~,i,~~soi~ UiVIT t~t1ANT4TY P€~iC~ AMC~~~T 41. ~,CJ.T.2857.14527 Qase C3pti€~nal ABC-3 {8 1I2" Vick) Sc~. Yt4. 1,5Q0 42. C3.C).T. #162.2, Tap Soil Sq. Yd. 3,f30Q 43. D.O.T. ##285-7(?1-OQ1, Limerock Bass {4" Thick) (Primed} Sq. Yd. 3,000 44. D,O.T: #285-703-930, ETimerock Sass {Primed) (Double Casa) {10" Yhick) Sq Yd. 3,000 45. D.O.T. #285.712, C*imerack Basra {Primet4) {Dnubte Case) (12" Thick) Sq. Yd. 8.Q00 46. D.O.T. #285-716, Limerack Base (Primed) (15" Thick} (L3oubls Case) Sq. Yd. 1,200 47. D.a.T. #285-724, Limerock Base {24" TF~ick} {Triple Case) Sq. Yd. 200 48. D.O.T. #304.1-1, Bituminous Material (Prirrae cast) Gal, 1,485 49. ©.O,T. #300-1-3, Biturninaus ~r4aterial Tack coat) Gal. 1,200 50. D.O.T. #32770-1, MiEEing existing Asphalt Pavement {1"Average Depth} SY. 3,000 - -- -51--- --C3:0-T-#331=2; Type. S - _..... .... ... _ . ....------- _._...._.._ Asphaitic Cancrets {15Q Tans or Lsss} TN 150 NAM E OB COMPANY: ~~~~.~~' ~"~~`~~,~"`~ ~~~~~6 ~~~' ~ tp ~ 3~,:37`~C~ ~'y G.~.~~ ~.. .. GV~y :~. ~ 2.~ GI ~ ~ ~ ~ ,"7 ?~ $ ' 4.57 $ ~9, ii ~~±1-~. g ~ 0~3 ~ t2, r C~"J Q; L•"a47»l.JMJ Q~ 2 6.f wl\.J4,)•~' } - c~~c-~aaia-z~Q~ a~TS~as Page 2~ of 8d iT~~ C®ll~~®C3f'1"Y C®DE {9135) 6J~11T ~~. L"}~~CRlPI'tON U~l'I` C,klls4f~TIT~ PRICE Al~lQI~NT 73. D.D.T. #425-1-321, ! nlets (C~arb~ Type P-2 (<10`j Ea 6 $ ~,'TCE"3~d ~~ `Z~, 2C~J 74, D.Q.T. #4251-351, Inlets (Curb) Type P-5 {~ 10`} E~ ~[ fl ~ '~ ,qQ~] ~ ~ ~3Q fi3 •(lti 75. D.a.T. #425-1-35a, inlets {Type P-5} {Partial) tMa 5 $ ~i~~~ ~ C ~-,.~ 76. D.Q.T. #425-1-361, Inlets {Curb} Type P_6 (<1(1'~ ~a 10 $ ~4 OC) ~ ~&~,0~ ~7. ©.Q•T. #425-1-365, ]rile$s {Type P°6) {Partial) E~ 5 $ ~S ~ ~ $ 1~o a •~Q ~$. d.~.T.pp~4{µ{2J~'~°'`rJ~(~~, ~1~!£tca {©~~{'+~ 67{~Ll~~} 1 y~~. NC;3 C`~ (~ ~ V ~ ~jy L,cy~,~F~} " ~ ~ "'"-' ~'~"~ Q`j v `~ /~.~`~ .-" l ~~ .Lh~ 7'9. D.Q.T. #425-1~-541, Inlets {E~itch Batt®m~ {Type „®„} Ema 5 $ ~...~ ~ t~,'2~~ .~9 86. ©.O.T. ##425-1-~11, Inlets {Gutter} Type V Ea 5 $ ,~,~~~C~ ~ l~ ~'~.SC3 81. D.Q~y.T. #425-2-41, N~anhales {P-I T}{C~~~~ E[I lal i~i °'~'~CkN $ ~C~~QWC.}•W 82. D.Q.T, #425-2-?1, IVlanhales 83. D.C3.T. #425-3-8'!, Canflict Structures {p-7T} {c1q') Ea S ~ ~,~~.CC3 ~ ~~ ~ZOf3aCfJ -- ----84, 1.7-t~:T~ #~~5~3=$2,~CoflE~t._ .. Structures {,~-7T) {<10°) _ .._..... .... Ea _ ...._._... _._ ..... __. 5 ___ $ . _ w___~._..__. _. ~!, ~~.~ ~ ~a'7,5Q~.C~3 Gea~nc-Peia~aoas 2r4&!0~ Paga 3~ of 84 PFeEViC31J~ ~®h~7'iCT' NC3. NW9-03-Z42-l31 tip 6~~. HH~7'S13'f AMC3U~~' 85, a.C3.T. #425-5-'!,Adjust l~lanhole5 (~~-2') ~ 86. ®.O.T. #425-5-1 {A), Adjust Manholes {2`-~') l;a 87. d.®.T. X25-6, Adjust Valve Foxes {2'~4'} Ea 88. ©,O.T. #~25~'I{3, Yard Drains {As per Q.4.T. Index #282 Latest ~ditlon} Ea 89. lr3.4.T. X25-1 ~ , Modify ~xlstlr~g l~ralnage Structure Ea _ 95. d.a.T. X425-74-'!, Cleaning and Sealing Manholes (~14') ~a 91. ©.4.T. #430-11-323, Concrete Pipe C€~lvert (15") (Class III) Irk 92. I~.C3.T, #430-'! 1-323(A)*, So!!d Polyethylene, P~f3B Cuivert {"l5"} LI= 93. Q,4.T. #430-~'1-325, Concrete Pipe, Culvert {98"} {Class Ill) LF 94. ©.4.T. #430-11 329, Concrete Pipe, Culvert (24"} (Class !!!) l.l^ 85. d.D.T. #430-19-329{A)*, Solid Polyethylene, Pipe Culvert (24") LF ~~ ~~4~L3 45 $ ~S®C6J '! ~ $_ '?, 7th C~ 10 - $ ~i00 ~ ~ '~t~ so ~ t,2.oUa4 500 ~ ~tt]a 400 $ ._ ~ t 600 ~ ~~ .CY3 25Q $ ~~ -~ 2513 $ ~9 .~ S~ , 2'~"7'~.C1~3 ~ ~ ,100.E ~, ~a, SSO $ ~ ~~~~ ~ C 8 ~ (3p4 .Un ~~~.~_c~ ~ 24,~~ $ ~~~~~ ~ IQp~"75.~ ~AI~~ ~F 4QI~lI~AIVI~: ~~L~~ ~$~~.`~ ~r~~~~"i, ~~ fs6iNIC~F812.2005 TfR~I~~ P°8ge $3 Off 84 ~R~'~6Q,US G®NT'1CT [~®. H~9-D3-242-B1 ~iib8 ~®, Fi-~-a5.3'~~-~~t 138®Sf~E~T (Cont(riuecf) CE~1~' R~3A[~if~~Y lees ~kS~~EL.e.B~ -~ `- -S.C - - =TR.t3~°T1~i1~ ~~I~N~SF~I~LT'~~~C~ AR~~~j IT~~ CO1f~4®l'FY CQts~ 01395) 43N1T iVO. e9SG1~IPTlt)N t1Nil7' t~UAk'~T#T~ PRIG AEIAC~UN1" 128. D,O.T. #5'15-1-1, Hat~draik 1~ipe (Steel} LF 500 $-- -~2. ~. ~ ~_{ 2~QC`~ 129. D.O.T. #S15»1-2, Handrail Ripe (~i~~,inurra) L.k= ;;oo ~ `72,"7 ~ Ica ~75~ ~ 130. D.Q.T. #52tf-1-1, Concrete Curb and Gutter Type "F" LF 4,000 $ r4,. ~ .~ $ 2034 ~ r 131. D.O.T.# 520-1-7, Concrete Curb and Gutter (Type "~„} Lk` 500 $ ~4~4L~J ~ 2A~, ~Cp C~ 132. D.O.T,# 52ft»2-4, Concrete Curb and Gutter (Type "D") t.F 1,00€3 $ $~ OCI ~-- _4t,~1~.OC~ 133, Q.O.T. #52Q-5-41, Concrete Traffic Separator (Type IVj (4' Width) 1w1/ 1,000 $ ~'~`~ $ ~1 ~ $~C?.OC3 '134. ®.O.T, #520-5-41(A), Concrete Traffic Separator (6' Vvkd>:h) -rvith Type "i~" Curb and Gutter - ar~d 6" Thick SldewallC t_F 300 $ $~ . 7~ ~ ~ ~ 6 iiCQ~O ~ 135. D.O.T. #520-5-42, Cut 8ae1~ ~xistin~ Concrete Traffic Separator LF 200 ;~ 37.QC) ~_ 7~ 4~•~ 136. D.O.T. #521-1 Barrier Wak1, Concrete L~ 100 $ 221 ~ $ ~~-~~ t~•~ 137. D.O.T. #522-2, Concrete Sldevuallc (6" Th1c1c) Sq. Yd. 4,50Q ~- - _ _ a4 ~ _ _ ____ $ Z1F3 C~XJ.C~ } _-... -_~38: --- -C3:C):T:-#536='1=1; Steei- Guardrail !.F 5Q(} $ ~.aC> ~ 2~ j~~} ~a1~E of ~~~~~~~: ~~.E'Y S~~~IL'T ~~1~~,1 ~ - o€~~c-~a~a-~oas 2ti61d6 page 37' of 84 P~2~~fI~t~S C®tdTiI~ACT ~Q. tt-9-Q3-242-~~ F3iD ~~. ~--37.6-~'i-~'i Af~1CalJ N~' 150. D.Q.T. #55fl-1€?-224, Ft~mish and install Type ~ Chain Link Fence {urlVinyl Coating) (6'-S` Height} 151. ®.O.T. #550-7412, Relocate f=xlsting Chain Link Fence 152. D.Q.T. #57fl-2, ~®ed and Mulch {Argentine Bahia) 153. b.O.T. #57(1-~, Ferfitlxer 154, ®.Q.T, #57(7-S, Water for Grass 155. D.C.T. #57't-1-1, Sod {Argentine Bahia) 156. ®.O.T. #571-1-2, Sod {Argentine Fltsretam) 157'. 10.U.T. #571-1-3, Sod {Berrn~ada) '158. D.Q.T. #570-11, Water far Plant f=stablishment 1a9. ©.fl.T. #580-X27-1, Relocation of Palms lrrCludes Staking and Guying Trees) 1601.: D.Q.T. #58fl~327-2, Relocation of Small Trees, _ .. ._ - - Plants & G~o~nd Cover... (Includes Staking & Guying} 181. D.Q.T. #580-327-1 a, Single Trunk Palms up to 12` o.a. LF 200 ~ ~q ~ $ ~ ,.~"~~ LF 50fl $ q .~ ~ 4 r ~C''b Sq. Yd_ 800 $----__ ~''~ TN 1 $~, {V1G. ~ 15 $, ^~. S Yd 1 2(70 ~ ~~ $ q. . , _ _ . Sq. Yd. 1,2(70 ~~ ~~„~, S~. Yd. 800 z~ $_._..~..~..... ~- ~'~ MC 15 $ ~~ "$~ ry V6~./ r 3 r~ E~ $~ ~ ~~ ~a 10 $ ~Al~~ c~1= ~v~I~A~Y: ~iCL~~' ~~~It~!'~ P~t~, 1~~ ~ ~ ~ ~~.(~ ~ ~ o~' $ ~--_ ~ ~~~~~ ~ ~~ ~~ ~ ~ ~~ ~ ~.~~ ~ ~~ ~e~~ ~:•w._. ~ ~~~ ~~ ~~ ~__` aa~wc-~B~a-aoos 2f9~lQB Page ~$ erf 8d IT~hPI C®>~11~t3J~lT°f C~3D~ X91395) UNJT NO, iaE~RlPTB~N UNJT Q13ANTIT~P F~FtIC~ AMt~tJNT 1 B2. Q.O.T. #580-327-1 b, S~rte~le Trunk Palms v r 1 ~' E 6 $ ~ $ ~ '~ a e a.a. a ,.-.... ~, 163. 10.O.T. #580-327-2a, Multi-Tr 12' o k P l t E 14 $ ~ $ un ms up .a. a o a 164. Q.O.T. #580-327-2b, Muiti-Trunk Palms over 12' o.a. Ea 5 ~'.~- $ ~~ $ 2 ~ _,,, 165, R.O.T. #580-327.3x, Canopy " ~ ~'~ ~ Trees up to 4 d.b,h. Ba 1 d $ $"- '166. Q,O.T. #58fl-327-3b, Ganopy - vim' ~ ~ ~ Tress ~"- 8" d.b.h. Ba 1 d $ $ '167. Q.O.T. #580-327-3c, Canopy Trees over 8" d.b.h_ Ba 5 $ $. _ ~ _, ~~~. ~ t1 ~~~.~ ~~~. ~ ©.O.T. #6ao-1-a, Tree C~ernova! (BuelCet 'ruck w13 Man Crew) ~a. 2d $ $,~„ ~~ ~~'7tJU 169. C3A.T. #580-332-2, Tree Rerr~c~va! Cut & Rernovs Ba. 10 $ $ 1713. Q.Q.T. #600-A-1, ,~,dd~tional Labnrsr (lnc. all Pay/Fringe Benefits) Par FJr. 24 $ ;~I ~ $ '7'- 179. i~.O.T. #740-79-121, Wail, Panel, 8' L~ 400 $ "~.`~~ $ l 1'~; ~ 172. ®.O.T. #740-71-124, Wail Panei, 6' ~~ 400 ~ 21C~.Qfi~ $ -7~'~r•~ Wall, Block, B' - L~ 100 $ 'Z~~J~ $ `~ 2'$+C4•~ 174.. a.O.T. #7413-71-134, 2`Z3.~ `~2 , 3~.C~~] Wail, Block, C' L~ 100 $ $ Ne4Ni O~ C®4~11?~Nl': ~~.~ A~P~~L~° ~J~-~/~~, ~ ors~rtc~Pals-~aa~ 219Bffl6 f~age 44 of 84 GRC3UP ~ (iTI~MS X57 - 28G~ lTEAII CC3~I~tiODITY CQCE {9~13g5} lJNIT' NQ. C3E5CR9PTIt~i'~ Uh#iT pUAiolTlTS'' RRICE AI~OUh1T 251. D,C3,T. x`744-40-1, Sign (Single Post) (i_ess than 2 S.F.} A5 100 $ '~~0 ~ $__ ~~ ~.~ 252. D.Q.T. #740-40-2, Sign (Single Past) (12-25 S.F.} AS 20 $_ l +$C~~ ~ 3~,Qt~.~9 253. 13.a.T. #704-46-11, Remove Existing Sign (single Post} AS 20 $ IOQ.dO $ ~~a~ 254. D.C},T. #7'00-4612, Remove Existing Sign (Mufti-Post) A5 1C1 $ ~; ~~~.~ [4,`~Q,C~ $ 255. D.O.T. #700-46-15, Ftemc~ve Existing Sign (San V1Iir'e) A5 14 $ i `7 ~ $ ~,.~~ 255. [J.Q.T. #740-46w21, Relocate Existing Sign (single Post} AS 10 $ ~~~°~ $ ~' ~~..~ 257. 700®46-22, Relocate Existing Sign (Mufti-Past} ~ AS 10 ~^ ~'~~(~~- $ ~`~~ ~~ ~~ 258, ®.O,T, #744-46-25, Relocate Existing Sign (Span 11Vire} AS 20 $ (,!40.00 Z2,C '~ ~~ $ 25J. ®.O.T. #704-48-18, Sign Paneis (Furnish and Cnstali} (15 ar Less S.F.} Ea 100 $ '~~ $ Z~,° 26{1. D.O.T.# 700-82, Overhead Sign (Span 1fVire Mounted} AS 5 $ 2 i (~. $ ~~ ~ 261. ®,®,T. #7'00-94-11, Sign - -- .- ...-._-- .. ~ . _(iWiasi~ing_Beacon}-(_Gcound. Mount} (Furnish and Instail} ... . AS 2 $ {~~ ~ ~ $ ', __° --- - ~~~~ ~F ct~~l~Afvv: 11V~~Kl.~Y ~,5~H~!`T PA~I~,1~ o~r~c•~s~x zo~~ - ~118108 Page 51 of ffi4 PR~`BIC°~1~;5 G~[~'t-l~T hl~. Fi-~-ft3-2~2-8'i - Slllwt {~®. #,j-Z.p5.376-®'{ ~1~ ~R~~T (~antanuec#) ~~~~~~ ~~~-[~~~ ~ ~~~CEI~I~IE= 5 GO~~~'RU~~I[~~ l7lsM ~O~f#AN#OIC~ITY GGt3li= {g13g5) IV~JJ. DES~f2lPTIQtd EJiVIT' l~~l~ t~11e4~1T1'~'Y PRISE ~M®IJIVT 262. ®.O.T. #7C30-90-12, Sign (Flashing Beacnn} (Overhead Mount) (Furnish and Install} 263. l~.D.T. ~70C1-9f}-21, Slgn (Fla5hlr~g Beacon} (Relocate) {~irOllnd MOUnt} 26~. ^.O.T. #700-90-31, Sign (F'Isshing E3eacon) (Remava} (Ground Mourt#) 265. D.O.~'. #~7Q0-90-3~, Sign {Flashing ~eacan) (Remove} (Span Wire} 266. ©.C3.T. 705-10-11, Marker (®b~ect) (Past Mount) (Type i) 267. D.C3.T. #7®5'10-13, Marker (C)lJfBC#) (Post Mount} (Type ill} 268. a.O.T. #706-1-12, l~avsment Marker (Glass l3~ (Reflective} (Furnish and instal(} 269. ©.0.~'. #7CJ6-2, Pavement Marker {Remove 270. D.i,~.T. #71C}-11, ~(Paintj Markings (Remove) 271.. lJ.~.T. #71 Q-6, C?irectlonal Arrows, Pain#ed _ .___ .._ .272. .D.O.~". #711 ~, 7`raffie Stripe (Strap} (67e} (Thermaplastac~ A~ 2 ~ 55,{7 ~, ~ 10 ~.CltJ ,~~ ~ ~ 1~f~~ ~ `~~~ AS ~ 2 $ •~~ ~ ~,~•~ Ea. 30 ~. ~~.~ ~`d. JV ~ ~,tJe.f ~" ~~ ~ur.f i=a. 2,500 $ ~7 QO ~ k-7,•C~ Ea. 500 $ 1.~3 ~, S~•~ ~a. 5a $ ~9 ~ ~ 2, ~.~ NAI~~ C3F C®MI~A~IY. tCLE~ ~„~i~~1LT' ~~~, ~~IC% } CRNIC~P812.240fi z116TA6 Page 52 of 84 PftEVlU,~S ~OB~Ti~T NA. W-9-43.242-~1 ~It~ N®. W ~ 05-37~-81 Sid SWEET {~ot~tlt~ued) r.e®p pRp pse~ann~apev a~in a perep=r r nape p PYapQ~'aepn'lph;~ dap:,pw~~raw tro.w,a pr~va~p rcpV1V ~d~o.aarp»e.e-rap.os ~.~ ~r o®aa ~ ~~pt~g~` ~o~g ~y g~~p pV~gg~ yvp p rva,r~.r pvp~ 'T~~ ~t)~191'l~~l3iT1~ ca~~ {J1395j ~~~~- . I~I3. ~E~CRtE~T6~JN u~wT ~lle4NT~T~ ~~IGE ~1~~lJEVT 273. D.O.T. X710-25-51, Solid T ffi i P S i d " 4 4~ $BO t } c pe, {6 ra tr nte a iw.F 4,000 $ ; $ , 274. D.O.T. #71 t3-25-181, Solid Traffic Stripe, Painted {18"} L,F 1,000 $ ~ .l2 $- - ~ ~ 1?.C?,~ 275. D.O.T. #71{1-25-241, 5ofid Trafi'EC Stripe, Painted (24") 1~i= 500 $ ~~~~ $ ; ~~~~~ 278. D.O.T. #71Q-25-2A~1, Solid Traffic S#ripe, Painted {24"} L.F 2,Op8 $ ~-~ $ `~,~4f~ 27T, D.O.T. #790-27, Skip Traffic ~ ~~ ~ ~ 2~ Stripe Painted irF Z,{1f10 $ - , ----__-__ • ~ 278. C?.a.T. #711-3, Messages {i~avement} (Thermoplastic} Ea. 100 $ ~~~ ~~ $ t9 '~~ ~ 279. i~1.L3.T. #719 -4, Arro~n+s {E~irectionai} {Thermoplastic) Ea. 540 $ ,~, .~, ~ $ ~~ '~ ~ 2$0. D.®.T, #711-,5, Guide Lines Li^' 1,OE3(~ $ 2 ~~~ $ ~ ~ 281. D.t3.T. #791-6-61, Traffic Str+pe {SOlfd} {filer} {Thgrrr<opiastic} I LF 'i,D00 $ ~ +2~ $ ~ ~ O~ 282. a.C7.T. #711-6-81, Traffic Stripe (Solid) {8"} {Thermnplasfia) LF 10,E?00 $ ti .ztJ $_ t~ ~•.ti~ ~. 283. ®.D.T. #711-6-121, Traffic Stripe {Soiid} {12") {Tharrrtaplagtic} [_P 15,000 ~ 2-3~ ~ 3~,~.5~3,~~, -_m_ ..___284: . ._l~,O~T:-#71-1 ~E~1-89;~Traffic __. __ - - ...T._ ..----- - . .. .. . . ......._ ~ .... _ ... - _ - _._......_.__....--~- -- Stripe {Solid} {18") {Therm©plastic) i_~ 2o,Q0o $ ~.~~ $ ~'.~ `~ ~ ~~4itAE ~l~ ce~r~~~r~v. ~~~~~~ ~s~~~~~~~r~~~' e~"1~'~G~~~ G~~ 1 a~z~c.~~s~2-aoos Zl1~I0$ Page 53 mf 8~ F'~r~~tUf.i~ ~®td~'~CT h3C3, ~-9-b-2.42=8't BtC3 IVC. ~-~-[}5-376mB1 BID ~S-I~IVT' .~ ~ (Can#iraued) .~„^.;....~. G~i..taAN~e~~~ CQN~TR43CTla~4 ~T~~~~~~L.T~~~~ AFZ~T~ tTE~di C~~iiili~®iTY C~l~ (9't395~ U~tt'~' E6~'}. ®~SCFttI~TiC~l~t BJINil` QUE4~iTlTY i~'~tGE A~AC3Uh!'il" 285. Q.U_~'. #711-fi-241, Traffic stripe {S©lid) (24") (Thermopiastic) l_I° 10,0(lQ $ ~ ~} ~ S9 i. 28~. [3.0.x. #711-7, Pavement Marking (Remove} ~.~ (Tt~errnoplastl~} Sq. i*t. 5f70 $ g.~q $ ~+ ~~TA~ - SiGNiNG ANi~ r~A~EMINr MaRI~iNG ITBMS ~ ~~~',5~30~ (C?.~3.7. loos. 70a~40-1 T#~ru 7'11-7, tnc.) Group 4 (Items 251 .... 286 [~C~ Cast tar cornptiance to ail i=ec#eva! end State requirements of the Tranaln Safety Act's ~6dOTE: tf the 9aracket is checkec# +ar markert, the Bidder rraust fitl out the Trench Safety Act for~t'r, Attscha~ter;t "!VI", page ~3 a# ~~i, to be corasicieres# resparasi~e. Jobslte visitation is strongly recarnmended; submission at a Bid will be oonstrued that the Bidder is acquainted sufficiently with the work to foe per€ormed. Bid results will be posted to the Broward County Purchasing we#asife at www; ~rgward,orc~/purchasinc~fresuits(, Acknc~wfedgrt~ent is heretay nnade of the fo1[ov+ring Addenda or Amendments (Identified by number} received since Issu2~nce of this bid: At1T~6~~IZ~Ii~ S6G~6ATUff~I~: r bid sheet your arm is agreeir9g to the terrras antt ccsn a tr~vtt~tian ifor i3td. ~rx~xc-Baia-2oe5 2118ffl6 Paga 'S4 44 84 ~1D ~~. ~ ~-fl5a376~1 A®D~Ni~ll~ ~®. 1 March ~ ~Q06 i } laid S~ilmieT (Co€~#inuec~~ taENE#~4,L ~O~®1NAY AID 15~~ l~fE®lJS CO~ST`F~UCT'1®N I`f~M C8?~1i~~131'I~' G~CBE Ul~l1°C hlC3. ~3~~GFti~'~1~1N 1.1~1't' f~U~E~TI"f'Y PRIG A~OUN~' X91395 296, Sprinkle Heads ~'esp-!gyp ~a. 50 $ .~ $ i ~ ` C f~+~tating bC3T 99724 X91395 296, Fire Hydrant Assembly ~a, ~ ~ '~~ ~ ~ ~ '7, (complete instafiatlota) DOT 987-3 3c #91395 }t~.~ i4~,ty~.c`.t~ 297. Sprinkler Line 4" L~VC GF 1,fl00 $__ $ _ Sch. 40 (includes ail pipes fittings, naives, connections, excavation, bacicfii, rest©ratic~n, boxes, etc.) #91395 235. Sprinkler I_=ne ~~~ F'a!C ! F 7r?0 ~ lt~,~b ~ "7'~C~J Sch. 40 (includes all pipes fittings, v2~lves, cennectir~ns, excavation, backflii, restoration, baxes, etc.) #9'1395 259. 5prirtlalar Line 2" PVC GF 5gfl $. ___ ~l C ~ 4 ~ -C~ Sch. 40 (includes all pipes fittings, naives, connectlr~ns, excavati©n, 8ackfill, restaratlon, boxes, etc.} _--- _~_._.~.___.._. #91395___ 300. Sprinkler Gins 1" PIIC LF 700 $,~_ ~': $ ~ ~~J._ Sch. 4t1(includ~sall pipes ~. fittings, naives, connections, excavation, backfill, restoratie~n, boxes, etc,) ,p ~,p p~ ~~~1, ~C ~g ~i1~~1~ ~~ ~i~fi~ll~/4i~Y: GR94iG•3~~12-2605 APIMMIf#30'il!'~03.2a0B 3121x8 F3~vis®r! Page Seib of 84 CANT ~~° ®~CU~IENTS ~c®nt'c~~ Sample Insurance F©rm drug Free 1~ork Place Certification {~f riot provided ErE f3tl°iei hid) PerFarmancefPayrnent hand 149-151 Included in other bid 152-154 4. `the term of this contract shall commence upc~r# executi®~ of this agreement by bath parties and shall continue for a period of Cf (~ ~~~5 5. This agreement shall be g©verned by the laws of the State cif Florida as Now and hereafter in force. The venue fc~r actions arising out of this agreement shelf be Palm beach County, Florida. G. Ali notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL ~ QO N ~ st A~erEUe C~elray E3each, FL 33444 As to ~aNTI~ACTaI~: ~ ~ M 3 ~c ~. ~ F' ~ n6.s ,~ ~L 3 3 3 ~ ~- 7. The C~TFC'f~R shah net, without prier written consent of the CiT~, assign any portion of its interest under this contract and, specifically, the C®IiIT ~T®F~ shah not assign any m©neys due cr to became due without the prior written c®nsent of the C[""!"Y. C~,~,~~-~-~ ~¢Z~C~S'',32~ -fit ~. The CITY and the Ct~NT CTC~ each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9, In consideration of ten dollars ($10.OOj and o#her valuable consideration, the C~PJT CT~~ shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on acc®unt of any liabilities, damages, losses and costs received or sustained by any person or persons by or in conseguence of any negligence (excluding the so#e negligence of the CITY}, recklessness or intentional wrongful misconduct of the CC~~TFCT®I~ and ar~y persons employed or utilized by the Ct]I~TICTQR in the performance of this Project. C®I~T1ftCTQ~ agrees that negligent, reckless ar intentional wrongful misconduct incl~rdes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials- C~NTCT~~'t agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances ar regulations by the CC~NTI~ReCT~~, his subcontractors, agents, servants or employees. CCNT'ICTCR further agrees to defend, indemnify and save harmless the CITY from a[I such claims and fees, and from any and aCl suits and actions of every Warne and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any ar~d all salts and actions that may be brought against tl~e CITY for the infringerr9er<t of any and- all patents or patent rights claimed by any person, firm, or Corporation. ~j~l.~tx}f~-2n ~~3, The indemnification pr®vided above shall obligate the ~~T G't'•'®R to defend at his overt expense or fo provide for such defense, of the CITI~'~ option, any and al[ claims or liability and all soils and acfiohs of every Warne and description that may be brought against the ~ilT~ which rr~ay result from the operations and activities under this ~onfracf whether the construction operations be pert©rmed by the ~~~T ~Ti~l~, his ,subcontractor or by anyone directly ar indirectly employed by either. This indemni~cafion includes all costs and fees including attorneys fees and costs at Erie! and appellate levels. The CITY will pay to the ~C3l~iT+uT~R the specific consideration of teri dollars and other good and valuable consideration as specil•IC consideration for the indemnification provided herein. Furthermore, the ~~3l~IT ~T~R acknowledges that the bid price includes said consideration for the indemnification provision. ~~_ This Agreement shall be considered recall and void unless signed by both the ~C31VTGT®R and the ~IT~". 11 _ The contract docurnents constitute the entire agreement between the C1T1° and the C®~T~T~31Q and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and ackn©wledge that the ~IT~' is "piggybacking" oft of the contract with ~ ~ ~ t~ ~ ~~ ~ U . and that the farms and conditions of the l~nc~~.r~~,~ ~ ~. ~.~~ ;~~~r' shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and condifiores of this Agreement shall govern. ~~ ITN~~~ V~HE~E~F, the parties hereto have executed this Agreement, the ~n~~~-~~ ~~. day end year first a~c~rre written. ATTEST: city ~~~~~ ;~~pro~ed ~s to form: City Attnrney WITNESS: {Print or type name and title) CIT>f ®F ~ELI~AY SEAC~-!, FLC3F~!~~ ~y: ~~y (Print er type narrte and titre} (SEAL.) ~ ~ - ~~l~P~ TE ~C~IIILE~E;L1'T ST~tT~ ®F ~~o R -.~A COI~I~TY aF ~ o ~~. R.~ The foregoing instra~ment was acknowledged before me #his f ~ ~ ~ day ®f #' ~ ~ ~. ... , 2Q~~, by ~ ~~ ~ ~' ~, ~, w € ~K~ ~ ~ ~k~S. (name of officer or agent, title of officer or agent), of t~~ K ~~ ~ A-s ~~~ ~ ~ P~}~~ru' ~ . , ~~, estate or place of incorporation} corporation, on behalf of fine corporation. E~telShe is (personally known to rr~e) (or has produced identification) and has used hislher {tYPe of identification} as identification. Signat€are of Person Taking Acknowledgment Dame of Ackr~owledger Typed, Printed or Stamped ~ ~. ~E~Ti~iC14TE elf ~arporatior~} STATE ~F FLQRIDA } } SS CUUiTY QF P~v~cs~-~..~ } i FIEREBY C~~Tt~'~ that o meeting of the Board of Directors of i~J~~k ~-~~ ~S~r~ ~-~ P~~r~ ~ ~ r~1 c. , a corporation under the laws of the State of ~~~ 2 ~~ ~ held oc~ ~~°~ r~ 1 ~T~ , ~OC~~, the following . resolution was duly passed and adopted- "RESC}..~'EI3", that -~A-~11 ~'t„ ~. ~~~~ `~~ , as PR ,~S i 1~ ~ ,~~' President of the corporation, helshe is hereby authorized to execute the Agreement dated , 20_, between the Cit}+ of Delray Beach, Florida and this corporation, and #hat his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is row in full force and effect. tN iT~ESS 1ii~FiER~~F, I haue here~,nto set my hand and affixed the official seal of the corporation this ! ~r~ day of A- ~~ ~ ~ , 20 ~~ Sec ary) ~ ~. ~~~' . (Se~i~ .~ ~. ~ v~ ,~~. ® Ica . C+DNTRACTC}R'S INSLfRANCE; 6.3. General CONTRACTOR shat! purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide prptection from claims set forth befow which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRAGTOR'S other obligations under the Contract bncuments, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perfarrrt or furnish any of the Work, ar by anyone for whose acts any of them may be liable. Before starting and during the term of this Contract, the CONTRACTOR shall procure and maintain insurance of the types and to the limits specified in paragraph 6.4, inclusive befow. 6.4 Coverage: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 6.4.1. Workers' Compensation Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and 1=ederal laws. CONTRACTOR shall require all subnantraators to maintain workers compensation during the term of the agreement and up to the date of final aoceptance. CONTRACTOR shall defend, inderrinify and save the CITY and CONSULTANT harmless from any damage resulting to them for failure of either CONTRACTOR or any subcontractor to take nut nr maintain such insurance. 6.4.1.1. Employers' Liability with Statutory Limits of $100,0001$500,000! ~10p,000. 6.4.1.2. Notice of Cancellation andlor Restriction. The policy must be endorsed to provide the City with thirty (30) days` written notice of cancellation andlor restriction. 6.4.1.3, If any operations are to be undertaken an or about navigable waters, coverage must be included for the U.S. Longsharernen ar•~d Harbor Workers Ant andlor Jones Ac. if applicable, 6.4.2. Comprehensive General Liability or Commernial General Liability Coverage must be afforded an a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commernial General Liability flied by the insurance Services Office, and must include: 6.4.2.1, Minimum Limits of total coverage shall be $1,00(},000.00 ~1,OOO,OOU.04 per occurrence combined single limit for Bodily injury Liability and Property ©amage Liab~€lity, the basic po€iny to be in said farm with any excess coverage (and the carrier} to meet $1:000,000.00 minimum to be acceptabEe to the CITY. 6.4.2,2. Premises andJar Operations. 6.4.2.3. Independent Contractor. 64.2.4. Products andlor Completed Operations. CONTRACTOR shall maintain in force until at least three (3) years after completion of ail serv2ces required under the Cortract, coverage for products and completed operations, inaluding Broad Form Property pamage. 6.4.2.5. XCU Coverages. 6.4.2.6. Broad Form Property Damage inaluding Completing Operations 6,4.2.7. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless andlor indemnification agreement. 64.2.8, Personal Injury coverage with employees and. contractual exclusions removed. 6.4.2.9. Additional Insured. The CITY is to be specifically included as an additional insured (including products}. 6.4.2.10. Notice of Cancellation andlor Restriction. The policy must be endorsed to provide the !City ~vvith thirty (30) days' ~srritten notice of cancellaticn andlor restriction. 6,4.2.11. The CONTRACTOR shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. 6,4.3. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest aditian of the Business Auto Policy filed by the Insurance Service Office and must include: 0.4.3.1. Minimurr~ limit of 51,000,000.00 per occurrence combined single limit for Badiiy Injury Liability and Property Damage Liability 6.4.3.2. Owned Vehicles 6.4.3.3. Hired and Non-Owned Vehicles 6.4.3.4. RmpioyeeNon-Ownership 6.4.3.5. Notice of Cancellation andlor Restriction. The policy must be endorsed to provide the City with thirty (30} days` written notice of cancellation andlor restriction. 6.4.4. All Risk Property Insurance -Wren Applicable. Coverage must include real and persona! property and in an amount equal to the repiaeerrtent cost of all real and personal property of the CITY`S for which the CONTRACTOR is responsible and over which he exercises control. Builders Ris{c insurance must be provided to cover Property under construction and an Installation l=loafer must cover ail machinery, vessels, air .conditioners ar. electric generators to be insta.iled. .This insurance shall include a waiver of . subragatinn as to the CONSULTANT, tree CITY, the CONTRACTOR, and their respective officers, agents: employees, and subcontractors. 6.4.4.?. Goverage to be provided on a full replacement cost basis. 6.4.4.2. Losses in excess of ten thousand dollars ($? 0,000) shat! be jointly payable to the CONTRACTOR and the CITY. 6.4.4.3. Waiver of occupancy clause or warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure{s) will not be occupied by the CITY. 8.4.4,4. Maximum Deductible - $5,000 each claim. 6.4 4,5 Copy of policy. A certifiied copy of the policy must be provided to the CITY prior to the commencement of work. 6.4.4.6. Narr€ed Insured. The CITY must be included as a named insured, 6.4,4.7. Notice of Cancellation andlor Restriction. The policy must be endorsed to provide the Gity with thirty (3D} days written notice of cancellation andlor restriction. 6.4.4.8. Flood Insurance. When the buildings ar structures are located within an identified special flood hazard area, flood insurance protecting the interest of the CONTRACTOR and the CITY mast be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flac~d Program, 6.4.5. A Best Rating of no less than A-7 is required far any carriers providing coverage required under the terms of this Contract. Failure to comply with the insurance requirements as herein provided shaft constitute default of this Agreement. Neither CONTRACTOR or any suiacontraator shaft commence work under the Contract until they have aft insurance required under this Section and have supplied the GITY with evidence of such coverage in the form of certified copies of policies (where required} and certificates of insurance, and such policies and certificates have been approved by the CITY. CONTRACTOR shall be responsible far and shall obtain and file insurance certificates on behalf of its subcantractars. All certified copies of policies and certificates of insurance shall be flied with the CITY. ~' ._. "CHI'S C 'F9~Ils Fargo Ins Sezvicas South~aOL. Ixta. ~ OktLY 325 +Av~iatiaa A~exsue, 5u~ta 4Cq I'l~I.E3E Cacanut Gsava FL 33133 ~~-~ (3as} 443-4886 {305) ~+Eg-747B i ~6e~&ley Aap~alt Pavi ng, Tat. ~ ~U~~ ~ 'INSI3RFA'F~ 3v70I. Stiz'Iiag Raatl ~INSURER~: '~aaoaksroke Piaas F7. 33332 ~iNSF3RER0; ~~ ~~ Fig, .EX$GPJI7 $)~ t3L1~: ~Ei.C~.9PY. i~i~i~a -~~1I~ r.C Ga1c dais Sng~ u r,.+w.xvwca~vr ~~raursnrv~.e usx ~" gtuuw hukVt t3~EN,,ISSk3E77 TS? IFZE9NSlTREQ'lVfsAflEQA5OVE~'OR T,HE Pt")4.1CY.PERIOCR IfsT[~C}~3ED. NQ7t~ETH.STAAIDfA~G Al+iY;q,UlR~hi3ENT,'"f"EdtM::OR CO[4RlF1C7N OF°kNY ~CDM1FTR{1CT {)R CFFFiER;DDCE}RAftilT WITH'RESPEG7'TA V7FtIC1i T R H{S ~E ?fFlC71T1E 4Y'EE ISSl7EA OR hA~N;P~'f7"0.11+I, THE IAtSURANCE A~F~Ri}Ep $Y'fk9E PbEJCIESJ~~SCRESf~: HE-12EiRE.I5 SU8JECT TQ AI L'THE 7'EI~I 'E l ~ , . :PCklG1ES. AGGfr~G7-1"fE'iJMITS SF{L3Yt1~lA~FA°t"3iR1YE',BE~AI'f13UCEi3'~1`AA~i3_ GLA1hA5.'. S; XCL ;?S p1~i5 ~11sttJ'~63t~p1~ON5 OF SUCki ..-__ •. Pt7latCY'NUIW®B2 ...... .. t#MITS GE' ESER,AL LtA81LlT-' - 8AC}~F:Q~CtiRAFt~C,E _ ~ $. 8 X COMMEEF~I~st.RAL't;W91LE'~Y YS`C2JL"AS'8OtY8413'LD9 a111za0s 31112DZa .~', 'ffi 3na.,0Da s CIAtNIS ~9AOE ~ OGCIIR bASO EXPrzne q~i . S 5 ~ D 0a R O i PE S wv. ~.vavr s Inaau,aaa ] ] r~t~f~, AC,GREGA't~ Rr ~r rW?p1J6S aER: ~ RaDUC: rs:. D~rralor n~ ~; ~; z . a DD , o 0 0 i ~ : ~a~.rcY x ,i,~c ~ R11' iaikiL8L1AB7ttTY ~ 7C ~ 'ANX.4L(i'l'} Y~'C2.7'r.J~'5$0<IH8a.5TS~0 3/I/2DD9 3/112a1a Ct})ABiP1ELk SINGLE 1JMIT t~~} ~' "~ ... I,,Da4,00D AU.OWNEpAU706 3CW£CtiLEOAUS J 1L~ i74,MlfiY {psYpj}. ffi t1iRJ"0 AG7Q5 Si0FF0~ItiN~pAti'f'OS ~~ '6~1L1^IfVJIlRY {Per acodent} ~ @RQp~i'}'Y~QfiR~IAGE ~ j {Peraeae~nt~ G&RAGELipBILE7Y :._. ~ _ l4ETIO'C3lAtY-~dAG'CIQE~TT' ~ S PtdY A€77CD OTHER TNAA1 ~ ~~' ~~ ... .. dMllTO'Qdl41': At:+G~ ~ ~ $' EkCa.551NRRHREt.IltEiRl;N.~'I"Y ~EACHOCGURftEh1CE ~. ~,5 '~,a'.aD.,a.oa ' C S OCCUR ~CCA1tdSNrWE ]1IIC93$2a33DD 9J7./3G.D9 311/2fi1D . >tctREGA~ . .S '~,at9D,0aa _.,, .. $ }UC'CIBI.g ;~ R8'flridTlDN ~, .. ; . ' " ~ A, ~1gRKll5-Ctl~ErlS/L'~H.4No VTC3G1'{igSS6DC~'84a9 3J1/2Oa9 3(1/2D3D 5~h O'~i•. ,.,~,,; I~d4!?I:OYER:~,LUIBSL;i7Y ~AitTNF7a'E7fECUI1LE ~ l:.l.. iwACH ACCtAEtS7" s saa,ooa rJ~.~+nESn n~ ' dosc+,~s.ci~e- . ~:~aa~. ~.L.~IS~asE:EA>«ual:,ct ~ sso~Dno ` g ®TNER I+aeaau/giant All Ri.g$ ~Ta5D4BI93~aD4fi2La9 3/if2IID9 3/I/2D ~~:~xsEASE,_:urarr a. soD,.ava ' r I,p S, &~ p~nt $2aV.,aa0 DsducL,~I® $ IrDOD '©ESCRdPTtON'4FOFER@~71flNS7LOCATSIXt571E~17C7.ESfE7(CL{ISfONSAIIDEE7.~lY~ENDDRSE3~4ET~'dSPEC1ALPROI+3.Sig1~15 .:' ...............'... Geaeral Liability: {x} Coacercial Lsability {x) Pxasa Etperatios~ {x3 8xp].ra~i~~ ~ Oe21:~gs~ ' 8azard{x} dladaxgrexmd 8azard(~c} Prac}natglcosgp3,Bt®d Opesationa gaaesfl{~cP Coatraetual Ix~vzaacn{x} Brand porm Pragasty Damage{x} Sadspendant Caatrac.Corm {X} A®x8oxisl Eajux~r Aa:']4tlieutis ~va~aue at E-55 Off 8amp ;ltgvlder $v.Ib Out ~EY$'TtfIC~R'TE H~L{}EE@ CAAICE~L~~'f~IV ... ~ 5'iit3il!'.UktAY2~'~}lElh80M1tEDE5CA16~.E3POf3C1ES'B~CAAIC.~'1FiEEXPtHA'Yd ~~ ~.~_. S3N ~~. ~s~ aseaz~my Brach oer~:>~ra~oa=, ~+E >~uuaG RE~t wai:~+a~a+rg~ ~ro eaan. . ~u r~avs wrwr~'ra Actaa: dthy i. Tac7c ! FVrt~~nr+~rca'~E:-K'rc~E~atami:n~; „ ' Anus ro stsst~ saints.. Iaa arse ~v®auaa ~ ~[r aaLrcrttroca SdR . E et»t, sTS ac,~vrs oR aiaFll7aYES Delray $aaeh FL 334 ,,, &tl7td0l3~.REP .. -~ ACS GOFtF'L~1~d,"~'I~$d 191l~ L=age I ai` 1 a~~x~~aaoe ~~~ !f the certificate hokt~r is ~n ,+4U!?4T1t~Ni4i_ t~iSt:f4"t~l~, tkie .~olicy(ies). ~t'iLlst ~;endprsed. A ste~mertt orr tt3is certificate does not cunffer rights to #he..certificate hcslder in ~iie~s.a~f suc€~ endars~r~ent(s}~. tf a4J8~OGATdfl4d tS 11V,~4V47, ,s~ibjecf to the terms and corsd4fiians. ofi #hie; pn4icy, certain :po4icies rstay require an ers€iorsemer~t:.A statement on -Phis certificate daes .not confer rights to tl'ie certifi€c~afu holder 4n 4'~u of such errciors~rr~ent(s~). Ttse Certificate of Insurance an tt~e teve~`se side, of this forrrt -does not constitute .a c~ritract between the' iss€iing instiner(s~, authorized representatisie or producer; araGi 1#~e ,certi€teate fio4der, nnr -does tt affim~ativeiy ar negatiue4y amend, extenc4 or alter the coverage afforded .t3y ~ae.:paficies listed ttaerer.sn. '.b.f.°d'4~ 3R1°O~~J:~..d7RR9~Id4W1 Page ~ cf 3 Page 3 0~ 3 Si~RE~`Y t~ERPOF~IVIAiVC AtV® P~4Y~llEi1VT l3®N® Band Na By this Bond, IIVe , as Principal, whose principal business address and phone number are as Contractor under the contract dated 20 .between Principal and the City of Delray Beach, whose principai address and phone number are far the construction of Project No. more particularly described as and located at (hereinafter referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and as Surety, whose principal business address and telephone number are of which we bind ourselves, our heirs, severally. the sum of {11.5. dollars) $ ,for payment personal representatives, successors, and assigns, jointly and THE CONDITION OP THIS BOND is that Principal: 1. Performs, all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Seation 255.05{1 } 1=iorida Statutes, supplying Principal with labor, materials, ar supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays City all losses, damages, including damages for delay, expenses, costs and attorneys fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but nat limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void; otherwise it remains in foil force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's default{s}, and having failed to correct such default (s} within a reasonable time ,shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Surety's delay. If no specific periods of warranty are stated in the Con#ract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (!} year from the date of final acceptance by the City. This Bond does not limit the City`s abil'€ty to pursue suits directly with the Principal seeking damages for latent defects in materials ar workmanship, such actions being subject to the limitations found in Section 95.11(3}(c), Florida Statutes. PRB & PYB -1 Any actian instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation pra~isions in Section 255.05 (2), Florida Statutes. Any changes in ar under the Contract Documents and eompiiance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the ,,day of 20_. CONTRACTOR {Contractor Name) BY: (President) {Managing Partner ar Joint Venturer) (SEAL) COUNTERSIGNI=© 8Y RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent`s current Identification Card as issued by State of Florida Insurance Commissioner must be sy: Attached) Name Attorney-in-Fact {CORPORATE SEAL) PRB & PYB -2 LIfo~1T"E® P®ER ®F ATT®FZNEY and {Principal} {Surety} hereby grants the City Clerk of the City of ©elray Beach Power of Attorney to insert the date of execution an the contract, surety bonds to the contract and agreement entitled, In Witness Whereof, we have hereunto set our hand and seal this 2g~ day of Principal {SEAL) Witnesses: Print Name: Print Name: STATE DF .... COUNTY Dl= Surety {SEAL) C(?PiP®6Z,~Tl= ACKN®VifL~DCEhdfEN~' The foregoing instrument was acknowledged before me this day of 2E}~, by {name of offcer or agent, title of officer or agent), of (name of corporation acknowledging}, a (state or place of incorporation) corporation, on behalf of the corporation. HelShe is {personally known to me} {or has produced identification) (type of identification) (as identification). Signature and Stamp of Notary Public LPA-1 ST. iRIVE w Q z W Q .n 2ND w Q i N . W. ~ ~ ~ ~ z z z z C A \/ F N U E w w w > > > Q Q Q w Q s. w. ~ M CV s. w. ~ ~ ~ ~ ~ CITY of DELRAY BEACH ATLANTIC AVENUE DATE:4/16/09 ~~d ENVIRONMENTAL SERVICES DEPARTMENT NARROWING PROJECT 41F? 6©p 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 Proj. # 2006-001 1 of 1 uu i N . W. / A T L A N T I C MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Mananger THROUGH: David T. Harden, City Manager DATE: May 11, 2009 SUBJECT: AGENDA ITEM 8.I.4 -REGULAR COMMISSION MEETING OF MAY 19, 2009 PURCHASE AWARD/CONTAINER SYSTEM & EQUIPMENT CO., INC. ITEM BEFORE COMMISSION The City Commission is requested to approve the purchase of one (1) Wayne Super Series 6yd rear loader trash compactor body in the amount of $31,102.00 including removal of the existing Tomcat body and installation of the Wayne Super Series 6yd, per price quotation dated 05/06/2009. BACKGROUND Parks Maintenance truck #794 is used for collection of trash and debris at our City Parks and other locations, as well as for special events. This vehicle has developed some major mechanical issues with the trash compaction unit, and is beyond repair within a reasonable dollar amount. Fleet Maintenance has considered different options with this truck, ranging from replacement of the entire truck, to consideration of a new compaction body to be retrofitted on the existing truck. The current truck has a 6 cubic yard capacity and is a "side loader". Draw backs to the side loader design are that it requires the workers to lift objects higher than they would with a rear loader, and they have the potential to be closer to passing traffic, being on the side of the truck. Although Parks Maintenance would prefer to replace this truck with a newer unit with a higher capacity, the City needs to conserve funding wherever possible. The existing truck is a 2000 Ford F-450 equipped with a diesel engine. Fleet Maintenance is of the opinion that a new trash compaction body remounted on the existing cab and chassis will allow this vehicle to be in service an additional 5 years. Quotes from several manufacturers place the cost of a new truck, on a larger chassis with a larger capacity body to be well in excess of $100,000. Two (2) vendors that manufacture a 6 cubic yard rear loader have provided quotes for the removal of the existing side loader and installation of a new compaction body. Quotes: Container Systems & Equipment Co., Inc. $31,102.00 Clarke Waste Systems, Inc. $37,638.00 FUNDING SOURCE 501-3312-591.64-21 RECOMMENDATION Staff recommends the purchase of the Wayne Super Series 6yd rear loader trash compactor from Container System & Equipment Co., Inc. in the amount of $31,102.00 including removal of existing loader and installation of replacement. 20D9-OS-iJ6 16:©9 C~Mt'1^I~ I.C~I~GINGS 82B6581S35 » 386 253 B537 ' f'4 1 ~ ~ ~ ~ ' q I~R~+C~L' QUQTAT'l0lV ~oAT~. May ~. ~oo~ TU: City of Uclra:~~ 8cach ' A'I'1'N: t•~[~r- Kevir- Rumef {,Fleet Maim, 5u~v, ~: ~~yne Suer S~ri~.4 fi CU ~'d Ream©A(~e1' one (t:) Wuytt,e Super Series 6yd rcarlvad4r ~ 2:I,Sl}"?.UU 6 cu, yd, rear lnadirtg re~isse body, ir+ctudin~ the t"allawin~: instaflation c-n your chasyiy at D~.ytana ~3each tl~clucie~ ~a1154c1. equiprnenl and the ti~llc~witl~ t~pli0ns: {'alyurethai~e enamel pai~it, White Rerr~nve alit TornC;at body and instait new Super Series 2,00.40 TOTAL; ~ 3],I{12,1141 F.O.B.: Daytona 8~:ach, F A1EL~V.: approx. GO days aE2Cr F~CCi~]1 i1I'c]~a~tiis TAXES; exempt TERMS: !]eE a5 days N()T~: ~ Ttas7S~nrtaitnn in and #~Arri De1raV BeACh iS nU1 inClll~ted. Necessary c1ta55t~ rnod.~l-catic-nti, il~any, wilt k7e ~stir~~ated a~ld submitted f'or apprnvsl before tine wank is eorz~menced. Prices suhjec# to rzview alter 60 days !"ram date. Res~-ectful [y, ~~ t3i11 Young„ Pres. P V1 50B Believe Avenue baytnna 8eaoh, 1~larida 32! 14-5279 • (38B) 253-5555 FAX (386) 253-8537 Web~lte: wwvr.cantainersys.cam • Erna~i: in#o4~COnlainersys,cam Rp{~ ~7 ^g 1~c5~E~ Clarks W~~te 5lstams 954 587 3~E34 p,~ ~o~A~rr~ CU4RKR wt1' $ri~ 3Y$TENlS, li~IC, D~ttc. Apri12, 20[i~ 2C5'i N.w. 4S`" stweee peotat~on era, a~z.,-~~~SSx~t Pompano Roach, FL. 33073 pbune: 954~~8?~73${i ~mr~n-vr.~I~trk~v4c~ttiste.CO~tt ~a~t: 9541587-3.tb4 Lust©tper Int'armation. Mr. Kevin $um eli City of Delray $each Descsrrptio~n Price New Way J1~ude! i~liam©~ $ack, 6 Ctt, Yd. Yiefu~e ,Bads. to be m(-uintCd an existi~ chassis i~ulonging Ta Uelt~• Beams. Unit r~v>rll be rnrrunted wvitb exitttang P'I`U ac~rl ~'Cydrauiic Pump, unit wild come eom~lete and be painted white. Price it~ciudes diepns$! of existitt~ bnd~r wuc~ i~'reigl~t to get new beady to Sotrtlt Florida. ~ 37,638.OQ N~',f~I:: A.~3f.?'~'i~•: ~'i~! '~:~.~(; V::~'~' ;hlt'9~~.;~)~ ti~~i.~'S S'i'~1'~'~` 4.)i'' _~ -~..-,-~...~~ - ,".iii i'~R,,.~~ i ,, ~T'A~X.i~S 7h~rsc pelc~ arE inn and witf rcx~~airt in ef6ect for sixty (F,U) dayv fiuztt fshuvv quor~tiun date. C~AkK'.P'WASTE SYS'T1rM~, INC. Ry. ~^~. Fri,c Ci~ke MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Hardden, City Manager DATE: May 13, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 19, 2009 IN-LIEU PARKING SPACE REQUEST/CUT 432 STEAKHOUSE RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Cut 432 for the purchase of two (2) in-lieu parking spaces, at a cost of $31,200, to accommodate an expansion /conversion of use. BACKGROUND Cut 432, located at 432 East Atlantic Avenue, has submitted an In-Lieu of parking application to purchase two (2) in-lieu parking spaces to accommodate an expansion/conversion of use of the neighboring purse store. The 689 square foot expansion will require two spaces in accordance with Land Development Regulations (LDR) Section 4.4.13(G)(1)(a) which requires the difference between the 1 space per 300 sq. ft. vested for the retail (689 / 300 = 2.29) and the 6 spaces per 1,000 sq. ft. required for the restaurant (689 / 1000 = 0.689 x 6 = 4.134 - 2.29 = 1.84 which rounds up to 2 spaces). LDR Section 4.6.9(E)(3) states when the requirement for additional parking results from a change of use or adding floor space to an existing use, the City Commission may approve the payment of a fee in- lieu of providing the required parking on-site. The City Commission must find that it is impossible or inappropriate to provide the required parking on-site. Due to site constraints it is impossible to provide the requisite two (2) spaces on-site. Therefore the applicant is requesting the purchase of two (2) in-lieu parking spaces, at a cost of $15,600 per space, totaling $31,200 to be paid in full upon issuance of a building permit. Although the 2004 Cluster Study reported that the mix of retail vs. restaurant must be carefully monitored in the downtown core area and Atlantic Avenue, the space in question is relatively small and does not extend back the full length of the building. Additionally, the applicant will be installing an ADA (Americans with Disabilities Act) compliant bathroom and additional prep kitchen to augment the existing prep area which is insufficient to amply accommodate its current service area. Furthermore, a breakthrough will be provided between the two spaces which will further minimize the number of tables that will occupy the space. A sidewalk cafe, which is supported by the Downtown Master Plan as it promotes pedestrian activity currently exists in front of the subject property and will likely be renewed. Objective C-4 of the Comprehensive Plan's Future Land Use Element speaks of revitalization of the Central Business District through several incentives, including accommodating parking through innovative actions. The in-lieu of parking program fulfills this objective, thereby furthering the policies, goals and objectives of the Comprehensive Plan. In consideration of the aforementioned, staff supports the applicant's request for the purchase of two (2) in-lieu parking spaces to be paid in full upon issuance of a building permit. REVIEW BY OTHERS The Parking Management Advisory Board, Community Redevelopment Agency and Downtown Development Authority all recommended unanimous approval at their respective meetings of April 28, 2009, Apri130, 2009 and May 11, 2009. RECOMMENDATION By motion, approve the request from Cut 432 for the purchase of two (2) in-lieu parking spaces, at a cost of $31,200, to be paid in full upon issuance of a building permit, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. N Lf£ d t=L686ZLZ699 Z£biCl~ 80'90 ZZ-b0-6042 Cut 432 Location Map IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR CUT 432 STEAKHOUSE RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 2 parking spaces in- lieu has come before the City Commission on May 19, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Cut 432 Steakhouse Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 2 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19t" day of May, 2009, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: May 14, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MAY 19, 2009 IN-LIEU PARKING SPACE REQUEST/GREAT AMERICAN BEAUTY OFFICE AND SHOWROOM ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Great American Beauty Office and Showroom for the purchase of four (4) in-lieu parking spaces at a cost of $31,200. BACKGROUND Great American Beauty Office and Showroom, located at 124 North Swinton Avenue, has submitted an In-Lieu of Parking Application for the purchase of four (4) in-lieu parking spaces. Formerly known as Nanny's Attic, the proposal is to accommodate the replacement of the existing garage with the construction of a new, two story, 1,939 square foot office building located behind the main historic structure which fronts Swinton Avenue. Located in the Old School Square Historic Arts District (OSSHAD), Land Development Regulations (LDR) Section 4.4.24(G)(4)(d) requires Business and Professional Offices to provide 1 space per each 300 square feet of net floor area for the office component of the project. The existing two story historic retail/office building fronting Swinton Avenue will remain. As currently calculated, the proposed project requires 13.83 spaces, (4,149 / 300 = 13.83 rounded up equals 14 spaces). The proposed site provides ten parking spaces; therefore, 4 in-lieu spaces would be required. Considering the preliminary nature of the in-lieu application, a comprehensive floor plan has not yet been devised. Therefore, the square footage has been calculated as gross floor area, resulting in a requirement of 4 additional spaces. The number of required spaces may be reduced to 3 additional spaces pursuant to LDR Section 4.6.9(C)(1)(a) which has recently been modified to address the calculation of fractions by rounding down for fractions less than 0.5 and up for fractions 0.5 and above. Consequently, when the floor plan associated with the Class III site plan modification is submitted, the reduction of common area elements (i.e. lobbies, machine rooms, stairwells, etc.) may reduce the floor area, thereby reducing the associated in-lieu request to three (3) spaces. The subject property is located 1 1/2 blocks from the OSS Square Garage and Monterey Parking Lot where ample public parking is available. It is likely that the owner will have employees park at these facilities, saving the on-site parking for visitors to the facility. The cost per space in the OSSHAD, Area 3 of the In-Lieu program, is $7,800 each, totaling $31,200 for the four (4) spaces ($23,400 if reduced to 3 spaces). The applicant, as the owner of the property, is requesting to pay via an In-Lieu of Parking Fee Agreement in accordance with Land Development Regulations Section 4.6.9(E)(3)(d) which requires payment of 50% upon execution of the agreement and two subsequent payments of 25% on the second and third anniversaries of the agreement. The original structure, built around 1915, has been vacant for approximately two years. The refurbishment of the building in this prominent location, in the heart of the OSSHAD, will be of great significance to the district. Comprehensive Plan Objective A-4 of the Future Land Use Element speaks of the redevelopment of land and buildings providing for the preservation of historic resources. This adaptive reuse meets that objective by maintaining the original structure fronting Swinton Avenue. The garage being replaced at the rear of the property has no historic significance as it was built in 1985. In consideration of the aforementioned, staff is recommending approval of the applicant's request. REVIEW BY OTHERS The Parking Management Advisory Board and Downtown Development Authority, at their respective meetings of April 28 and May 11, 2009 recommended approval of the applicant's request with respcetive votes of 8-1 and 3-1 (Cook dissenting on both boards). The Community Redevelopment Agency at its neeting of April 30, 2009, unanimously recommended approval of the applicant's request. RECOMMENDATION By motion, approve the request from Great American Beauty Office and Showroom for the purchase of four (4) in-lieu parking spaces, in the amount of $31,200, to be paid via an In-Lieu is Parking Fee Agreement, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDR. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR GREAT AMERICAN BEAUTY OFFICES AND SHOWROOM ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 4 parking spaces in- lieu has come before the City Commission on May 19, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Great American Beauty Offices and Showroom. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 4 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19t" day of May, 2009, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARHING FEE/REIMBURSEMENT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of , 200 by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and Harold Ickovics owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located at 124 N. Swinton Avenue, Delray Beach, Florida, and referred to herein as the "Property"; and WHEREAS, Owner has applied to the City for approval for the development of a retail/office development referred to Great American Beauty and Showroom; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing four (4) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Seven Thousand and Eight Hundred Dollars ($7,800.00) per parking space; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee and reimbursement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing four (4) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Thirty One Thousand and Two Hundred dollars ($31,200.00) (which represents $7,800.00 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of Fifteen Thousand and Six Hundred and 00/100 dollars ($15,600.00) by check delivered to the City upon execution of this Agreement by the Owner. (b) Two payments, each in the amount of Seven Thousand and Eight Hundred and 00/100 dollars ($7,800.00), due on the second and third anniversary of the date of this Agreement. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make the payment in the time allowed, the City shall provide written notice by certified mail, return receipt requested to Owner at Harold Ickovics , 124 N. Swinton Ave., Delray Beach, FL, 33444, or at such other address as maybe designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. 2 The City shall thereby be entitled to file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 11. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form: By: City Attorney Rita Ellis, Mayor WITNESSES: OWNER: Print Name: Print Name: By: By: 3 (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2008 by (name of officer or agent, title of officer or agent) of (state or place of incorporation) known to me or has produced Signature of Notary Public -State of Florida (name of corporation acknowledging), a corporation, on behalf of the corporation. He/She is personally as identification. 4 -- - -----.,r, ---~----~~ I ~~ ~ , o !,~ ~ ~~, ':1 ~ (~ ~~c ~ I ~ ~~~© ~©4~ o 0 0 ~~ ., ~~ i I 1 ~~ i~~ ~ ~I ~'~ ~~ ~~~ ~ ~i o r, ~I ~ii_ i Ii r ~--_. - i ~ ~ i ~i~ ~i ~ _- o, _ .~ m ~ ~~ -_ ~~~ i ago ~ , ~ -- ~~ ~ ~~ ' m i ~_~~ 3,, b -.. ~ I ~ r l O ' VIII i~ ~~1~', r' d - " K a~ Ci it iD 5e3 d~ ~~ I ' _.. ..g __-_ __ ~.r~-1 ~~ ~~ ~ ~ °~~ ;~ _- ~o i; (~ __ ~~ ~ f ~ ~k~5 V 44 6 "` - '~ ~~~ i ~ ~ Ia~ _~, 3- ~- I -+ ___. T ~I ~~ ~ T I °~ ~ ~ I ITII z E ~, a: s - 3 ~I t ~ i ~ m ' ..~ AIM 4 ~'~ c ~ s ~s~`a s~ aPidi€ '.~~4 :.:.III ',.,'~^. 3 - - - - ~ ~: - i= ~ ' ,: _~ j u '" _ F--- Great American i3eauty Offices and Showroom i ---- g~ ;~ =R`~a = ~e 1 ~ ~ '~ ~ ~~ {~; ~ ~,~,~ : - -~F ~ ~ ~ ~ ° . _ , ~ ~ '~ ~ 124 PJarth Swinton Avenue Delray beach, Florida ~~n - MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MAY 19, 2009 US 1 MODIFICATION/FLORIDA DEPARTMENT OF TRANSPORTATION ITEM BEFORE COMMISSION This item before Commission is consideration of approval to move forward with design of permanent modifications to US 1 between SE 10~' Street and George Bush Blvd and approval/authorization for the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to obligate FDOT's SE-NE 6~' Avenue resurface, restore and rehabilitate (RRR) funding to the City and the City will implement FDOT's RRR project. FDOT's RRR project is currently scheduled for fiscal year (FY) 2011-2012. BACKGROUND On March 19, 2002, City Commission adopted the "Downtown Delray Beach Master Plan (Master Plan). One element of the Master Plan included the modification of US 1, both northbound and southbound, between SE 10~' Street and George Bush Boulevard. In December 2007, Commission approved the installation of the temporary modification along both northbound and southbound US 1. The temporary modification was implemented in an effort to observe how traffic, both vehicular and pedestrian, would operate under the Master Plan proposal for US 1. Several goals were established as part of the US 1 modification process including: • Improve traffic safety (reduce crashes) • Control vehicular speeds • Beautify the corridor with trees and landscaping • Create a pedestrian friendly environment The temporary modification was installed in March 2008 and data was collected in February 2009. This "after" data was then compared to the "before" data, which was collected in Apri12007. Data collected included: volumes, speed and crash data. Volumes and traffic flow- Overall volumes were slightly lower in 2009 than in 2007, a pattern that has existed since 2004. In terms of traffic flow, there has been minimal delay caused by the corridor modification. The most significant change was an increase in delay of approximately 6 seconds at the intersection of Atlantic Avenue and SE 6~' Avenue. Even with this delay the corridor still operates at an acceptable level of service (capacity) per Florida Department of Transportation and Palm Beach County standards. Speeds- The posted speed limit along the corridor is 35 miles per hour (mph). Prior to the temporary modification, speeds were typically 6 mph over the speed limit. Speeds collected after the modifications were reduced by approximately 6 mph. Crashes- Crash data was analyzed for a three year period at the beginning of the study (US 1 Corridor Study and Conceptual Design, 2001-2003), and compared to the year that the temporary trial was in place. The results indicate a reduction of approximately 50% in annual crashes overall, and a 75% reduction in crashes at the US 1 intersections with Atlantic Avenue (at East 5~' Avenue and East 6~' Avenue). If the permanent implementation moves forward construction could begin as early as the third quarter of 2011. In March 2008, FDOT approached the City asking if the City preferred to accept state funding for the proposed resurfacing, restoration and rehabilitation (RRR) project on SE-NE 5~' Avenue between SE 10~' Street and George Bush Blvd. This RRR project is estimated to be approximately $2,000,000 and is identified in FDOT's work program for FY 2011-2012. FDOT is aware of the City's Downtown Master plan that addresses the desire to increase pedestrian safety and beautify this same corridor. Therefore FDOT has asked if the City would like to accept FDOT RRR funding and complete the RRR project along with other safety related improvements. In April 2008 Commission authorized the Mayor to send a letter, copy attached, to FDOT requesting that the state RRR funds be turned over to the City and the City would implement the RRR project on SE/NE 5~' Avenue. Last month FDOT again approached the City, this time with a RRR project for SE/NE 6~' Avenue from SE 10~' Street to George Bush Blvd. This RRR project is also estimated to be approximately $2,000,000 and is identified in FDOT's work program for FY 2011-2012. FDOT's request is the same; they would like a commitment letter from the Mayor requesting that FDOT turn the state RRR funds over to the City for implementation of the RRR project and associated safety improvements. FUNDING SOURCE Construction costs for the permanent implementation are estimated to be approximately $11,000,000 and the following funding has already been committed and/or requested: $ 1,400,000 Federal Earmark with SAFETEA-LU Transportation Bill $ 750,000 Federal Enhancement Grant $ 2,000,000 State Funding for SE/NE 5~' Ave RRR $ 2,000,000 State Funding for SE/NE 6~' Ave RRR $ 350,000 Development Projects Along both SE/NE 5~' & 6~' Ave $ 4,500,000 Earmark Request from New Federal Transportation Bill $11,000,000 Total All design costs will be paid for by the CRA. RECOMMENDATION Staff recommends approval to move ahead with design of permanent modifications to US 1 between SE 10~' Street and George Bush Blvd and approvaUauthorization for the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that they enter into an agreement with the City to obligate FDOT's SE-NE 6~' Avenue RRR funding to the City for implementation. ~~ EXECUTIVE SUMMARY US 1 CORRI DOR MODIFICATION EVALUATION DELRAY BEACH, FLORIDA ~~ Kimley-Horn and Associates, Inc. was retained to evaluate potential changes to the lane configuration (a reduction from three travel lanes to two travel lanes) along southbound (5th Avenue) and northbound (6th Avenue) segments of US 1 between NE/SE 4th Street and NE/SE 4th Street. Prior to the temporary corridor modification, 5th Avenue operated with three through lanes southbound and 6th Avenue operated with three through lanes northbound. The corridor has been temporarily modified to include two lanes in each direction, introduce parking on both sides of the street, and modify turn lanes at the intersections along the corridor. Speed, volume, and crash data were collected in the peak season prior to implementation of the corridor modification, and in the peak season after implementation of the lane reduction. LINK EVALUATION In order to compare the level of service before and after the corridor modification, traffic volumes were observed throughout the corridor in April 2007 and in February 2009, which can be considered peak season. Daily and peak hour traffic count information was obtained at mid-block locations in the corridor between NE 3~d Street and SE 2~d Street. The overall traffic volumes were slightly lower in 2009 when compared to 2007. However, the overall time-of-day patterns did not significantly change as a result of the lane reduction. The lane reduction therefore did not significantly alter the traffic volumes or time-of-day patterns. Per FDOT's Generalized Peak Hour Directional Service Volumes table, the LOS `D' volume for 5th Avenue and 6th Avenue as two-lane, one-way facilities is 1,810 vehicles per hour. The maximum peak hour volume at all of the locations is less than the LOS `D' volume; and therefore, the corridor is generally operating at an acceptable level of service. ~~ INTERSECTION VOLUMES In addition to roadway traffic volumes, intersection turning movement counts were conducted at signalized intersections along 5th Avenue and 6th Avenue in the study area during the AM and PM peak periods in 2007 and 2009. The total intersection volumes were summed to determine the overall peak hour for all intersections in the study area. In 2007, the peak hours through the corridor were determined to be 8:00 AM - 9:00 AM, and 4:45 PM - 5:45 PM. In 2009, the peak hours through the corridor were determined to be 8:00 AM - 9:00 AM, and 4:30 PM - 5:30 PM. INTERSECTION EVALUATION The peak hour volumes at the study area intersections were analyzed using SYNCHRO software to determine the intersection level of service during the AM and PM peak hour. Levels of service were analyzed for two scenarios -the overall level of service for each intersection, and the level of service for the US 1 approaches only. The level of service and delay (in seconds) are reported for the 2007 volumes as well as the 2009 volumes. When comparing the overall intersection level of service delay, the most significant change was an increase in delay of 5.3 seconds in the PM peak hour at the intersection of SE 1St Street and SE 6th Avenue. Some intersections saw a decrease in delay in the 2009 scenario, likely due to reduced actual traffic volumes at the intersections. When comparing the US1 approaches only, the most significant increase in delay was 5.7 seconds at the intersection of Atlantic Avenue and SE 6th Avenue. Some approaches saw a decrease in delay in the 2009 scenario due to the decrease in volumes. The signal timings were not modified between 2007 and 2009; therefore, the changes in delay are most likely attributable to decreases in volumes, despite the corridor modifications. ~~ SPEED DATA The three-lane cross sections for 5th Avenue and 6th Avenue were believed to be conducive to high speeds. Speeding problems had been identified as a key factor in support of a corridor modification that would encourage slower speeds and improve the roadway for pedestrian and bicycle usage. The current posted speed limit for the area is 35 miles per hour. To determine if the effects of the corridor modification on the speeds through the corridor, speed data were collected in 2007 and in 2009 by placing pneumatic tube speed counters along the corridor. The occurrence of traffic traveling at lower speeds is greater in the 2009 scenarios at every location as shown below: NE 5th Avenue south of NE 3~d Street -The 85th percentile speed range decreased from 42-44 mph to 36-38 mph with the lane reduction SE 5th Avenue south of Atlantic Avenue - The 85th percentile speed range decreased from 36-38 mph to 30-32 mph with the lane reduction. SE 5th Avenue south of SE 2~d Street -The 85th percentile speed range decreased from 42-44 mph to 36-38 mph with the lane reduction. NE 6th Avenue south of NE 3~d Street -The 85th percentile speed range decreased from 42-44 mph to 36-38 mph with the lane reduction. SE 6th Avenue south of Atlantic Avenue -The 85th percentile speed range decreased from 36-38 mph to 30-32 mph with the lane reduction. SE 6th Avenue south of SE 2~d Street -The 85th percentile speed range decreased from 42-44 mph to 36-38 mph with the lane reduction. Based on the speed data obtained, the 85th percentile is generally around the posted speed limit of 35 mph. Prior to the corridor modification, the observed operating speeds were 5 to 10 mph over the posted speed limit. Therefore, the corridor modification is resulting in lower operating speeds throughout the corridor. ~~ CRASH DATA In order to evaluate the impact the corridor modification had on accidents within the US 1 (SR 5) corridor, KHA compared crash data for same three years as in the "US 1 Corridor Study and Conceptual Design" report with additional accident data provided by the City of Delray Beach after the temporary corridor modification was implemented. Crash data were collected between NE 4th Street and SE 4th Street along US 1 The following observations are made regarding the temporary corridor modification and its impact on crash history throughout the US 1 corridor: ^ The crash history during the prior three year period had included a significant number of rear-end collisions at intersections throughout the area, attributable to the higher speeds along US 1 as well as to inattentive drivers. The reduction in speed has had a positive influence on the reduction of not only rear end accidents, but the total number of accidents as well. ^ The US 1 intersections with Atlantic Avenue (East 5th Avenue and East 6tn Avenue) previously experienced the highest number of accidents in the corridor which is expected based on the magnitude of traffic volumes on each approach. The reduction in speed along this segment of US 1 has resulted in a dramatic 75% reduction in the number of accidents. ^ As with the prior three year analysis of traffic accident data, no fatalities were reported in the accident history for the period during the temporary corridor modification. CONCLUSION The corridor modification for the US 1 one way pair within the City of Delray Beach, including the reduction from three travel lanes to two travel lanes, has resulted in slower speeds, fewer accidents and the same level of service within the US 1 corridor. Comparison of Hourly Volumes N E 5th Ave. South of N E 3rd St. 08:00 12:00 16:00 20:00 00:00 2007 2009 Comparison of Hourly Volumes SE 5th Ave. South of Atlantic Ave. V 00:00 04:00 08:00 12:00 16:00 20:00 00:00 2007 2009 SE 6th Ave. South of Atlantic Ave. 1600 ~~~~ v 00:00 04:00 08:00 12:00 16:00 20:00 00:00 2007 2009 Comparison of Hourly Volumes SE 5th Ave. South of SE 2nd Ave. 00:00 04:00 08:00 12:00 16:00 20:00 2007 m 2009 F 00:00 SE 6th Ave. South of SE 2nd Ave. 00:00 04:00 08:00 12:00 16:00 2007 2009 20:00 00:00 Level of Service Comparison (Intersection Delay in Seconds /Level of Service) I t ti 2007 2009 Change n ersec on AM PM AM PM AM PM NE 5th Avenue & NE 4th Street 14.2 / B 18.3 / B 15.7 / B 20.0 / B 1.5 1.7 NE 2nd Street 7.3 / A 10.6 / B 9.0 / A 10.6 / B 1.7 0.0 N E 1st Street 4.1 / A 5.4 / A 4.5 / A 5.8 / A 0.4 0.4 Atlantic Avenue 17.7 / B 15.7 / B 19.4 / B 17.7 / B 1.7 2.0 SE 1st Street 7.0 / A 8.7 / A 6.3 / A 9.2 / A -0.7 0.5 SE 2nd Street 10.1 / B 16.3 / B 10.1 / B 15.9 / B 0.0 -0.4 NE 6th Avenue & NE 4th Street 11.5 / B 13.2 / B 13.5 / B 17.2 / B 2.0 4.0 NE 2nd Street 12.6 / B 12.2 / B 11.6 / B 11.1 / B -1.0 -1.1 Atlantic Avenue 28.8 / C 21.0 / C 25.1 / C 23.5 / C -3.7 2.5 SE 1st Street 9.0 / A 8.2 / A 9.9 / A 13.5 / B 0.9 5.3 SE 2nd Street 9.0 / A 8.2 / A 8.9 / A 10.0 / A -0.1 1.8 (US 1 Through Movement Delay in Seconds /Level of Service) I t ti 2007 2009 Chan e n ersec on AM PM AM PM AM PM NE 5th Avenue & NE 4th Street 3.8 / A 3.9 / A 4.6 / A 5.1 / A 0.8 1.2 NE 2nd Street 1.1 / A 2.2 / A 1.6 / A 2.0 / A 0.5 -0.2 N E 1st Street 0.9 / A 1.0 / A 1.5 / A 1.0 / A 0.6 0.0 Atlantic Avenue 12.0 / B 9.9 / A 14.0 / B 11.6 / B 2.0 1.7 SE 1st Street 1.4 / A 2.0 / A 1.2 / A 1.3 / A -0.2 -0.7 SE 2nd Street 4.3 / A 6.2 / A 3.7 / A 8.9 / A -0.6 2.7 NE 6th Avenue & NE 4th Street 2.1 / A 9.5 / A 3.9 / A 11.0 / B 1.8 1.5 NE 2nd Street 4.4 / A 6.9 / A 3.6 / A 5.4 / A -0.8 -1.5 Atlantic Avenue 16.4 / B 12.4 / B 9.0 / A 18.1 / B -7.4 5.7 SE 1st Street 2.9 / A 2.8 / A 2.6 / A 2.1 / A -0.3 -0.7 SE 2nd Street 1.9 / A 3.4 / A 2.0 / A 4.1 / A 0.1 0.7 Comparison of Speeds .-. s a~ a~ N E 5th Ave South of N E 3rd St > 56 54-56 51-53 48-50 45-47 42-44 39-41 36-38 33-35 30-32 27-29 24-26 21-23 11-20 1-10 40% .-. s a~ a~ >56 54-56 51-53 48-50 45-47 42-44 39-41 36-38 33-35 30-32 27-29 24-26 21-23 11-20 1-10 0% 10% 20% 30% vpd 40% 2009 2007 Comparison of Speeds vpd 2009 2007 SE 6th Ave South of Atlantic Ave >56 54-56 51-53 48-50 45-47 42-44 a 36-38 ~ 33-35 -- 30-32 ~ 27-29 a~ 24-26 Q 21-23 N 11-20 1-10 8 0% 5% 10% 15% 20% 25% 30% vpd 2009 2007 Comparison of Speeds SE 5th Ave South of SE 2nd St >56 54-56 51-53 --, 48-50 s ~ 45-47 ~ 42-44 39-41 ~ 36-38 33-35 2~ 29 ~ - N 24-26 21-23 11-20 1-10 0% 10% 20% 30% vpd 2009 2007 40% 50% SE 6th Ave South of SE 2nd St 4Z5-JU ~ ~ ~ 42-44 39-41 ~ 36-38 33-35 2~ 29 ~ - N 24-26 21-23 11-20 1-10 0% 10% 20% vpd 30% 40% 2009 2007 CRASH DATA SUMMARY INTERSECTION No. Of Crashes Prior Average Temp Plan N-S STREET E-W STREET (Years 2001- (April 2008- Difference 2003) March 2009) NE 5 Avenue NE 4 Street 10 12 2 NE 6th Avenue NE 4th Street 9 3 -6 NE 5th Avenue NE 3~d Street 3 2 1 NE 6T" Avenue NE 3~d Street 3 3 0 NE 5th Avenue NE 2~d Street 7 7 0 NE 6th Avenue NE 2~d Street 4 0 -4 NE 5th Avenue NE 1St Street 3 1 -2 NE 6th Avenue NE 1St Street 2 2 0 East 5th Avenue Atlantic Avenue 14 8 -6 East 6th Avenue Atlantic Avenue 21 1 -20 SE 5th Avenue SE 1St Street 4 1 -3 SE 6th Avenue SE 1St Street 7 4 -3 SE 5th Avenue SE 2~d Street 5 4 -1 SE 6th Avenue SE 2~d Street 8 0 -8 SE 5th Avenue SE 3~d Street 1 2 1 SE 6th Avenue SE 3~d Street 1 0 -1 SE 5th Avenue SE 4th Street 5 3 -2 SE 6th Avenue SE 4th Street 6 3 -3 Annual Totals 107 56 -51 US 1 Corridor - SE 10t" St to Geo Bush B Location Map 5/15/2009 Delray Beach GIS ~nM aF oE~nn~r DEFRAY BEACH r i o a o Ail-AmerlcaCity f I ® Mr. Thuc Le, P.E. ~ ~g3 Florida Dept. of Transportation 2001 3400 West Commercial Blvd. Ft. Lauderdale, FI. 33309-3421 April 30, 2008 RE: Proposed RRR Project an Southbound Federal Highway SE 10t" Street to George Bush Blvd FPID 422961.9.52.01 City Project # 2008-054 Dear Mr. Le: The purpose of this letter is to follow-up on discussions between the City and the Department regarding the possibility of combining the City's beautification project with the Department's resurfacing project along southbound Federal Highway between SE 10th Street and George Bush Blvd. The City Commission, at the April 15, 2008 Regular Commission Meeting, authorized me to write to you regarding these two projects. It is the City of Delray, Beach's desire to have both projects completed during the same fiscal year, FY 2011-2012. This timeframe would work perfectly with the second phase of the City's beautification project, which includes southbound Federal Highway between SE 10"' St and SE 4th St and between NE 4th Street and George .Bush Blvd.. Therefore, the Ci#y Commission of the City of Delray Beach is requesting that the Department work with our City Engineer to develop the necessary agreement that will allow the City to combine the Department's resurtacing funding with the City's beautification funding and complete both projects at the .same time with both to be administered by the City. Thank you far your consideration of our request. Sincerely, ~~ Rita Ellis Mayor cc David T. Harden, City Manager Susan Ruby, City Attorney Richard C. Hasko, P.E., Environmental Services Director Randal L. Krejcarek, PE, LEED AP, City Engineer 2008-054 (A) U:lE21is ltitalI.e, FDO'r SE 1VE 5th av rrr commit ]tr.dac Rangel SEitVICE PEi2EORMANCE `INTEGRITY RESPONSIBLE INNOVATIVE `TE'AMWORK 144 N.W. 1st AV~NE,IE DELRAY BEACH, Fi.QFiIDA 33444 5811243-7400 Re: your letter to DOT regarding SE-NE 5th Avenue Range], Delores From: Krejcarek, Randal Sent: Wednesday, April 30, 20x8 12:51 PM To: Range], Delores Subject: FW: your letter to DOT regarding SE-NE 5th Avenue The correct FDOT # is FM: 422961-1-52-01 Please this to mayor's letter. Thanks] Randal L. Krejcarek, P.E., LEED AP City Engineer City of Delray Beach, FL 434 So Swinton Ave Delray Beach, FL 33444 Phone: 561.243.7322 Fax: 561.243.7314 http:/lwww. MyDelrayBeach, com Traffic Updates: htt :llwww.m delra beach.comlDelra IDe artmentslEnvironmental+Services/Quick+LinkslPro~ect+Status.htm Page 1 of 2 From: Edgar, Scott [mailto:Scott.Edgar@jacobs.com~ Sent: Friday, April Z5, 2008 11:23 AM To: thuc.le@dot.state.fl.us; Krejcarek, Randal Subject: Re: your letter to DOT regarding SE-NE 5th Avenue Randal, The FDOT project # is FM: 422961-1-52-01. Thank you, Scott Edgar, P.E. JACOBS 800 Fairway Drive, Suite l90 Deerfield Beach, FL 33441 {954} 246-1234 Phone {954} 246-1235 Fax (954} 246- ] 221 Direct sco~~.edgar@jacobs.com Sent from my blackberry. ----- Original Message ----- From: Le, Thuc H. <Thuc.Le@dot.state.fl.us> To: 'Krejcarek@ci.delray-beach.fl.us' Krejcarek@ci.delray-beach.fl.us>; Edgar, Scott Sent: Fri Apr 25 4b:54:5$ 2008 Subject: Re: your letter to DOT regarding SE-NE 5th Avenue Scott please help me with this for I am not in the office today. Please give rondo] the correct description, FPID number for the project on US 1 in Delray Beach. 1 think the number is 422961.1 that your firm did the concept report for_ Thank you all. Sent from my blackberry 4i3oi~oa$ Re: your letter to DOT regarding SE-NE 5th Avenue ----- Original Message --___ From: Krejcarek, Randal <1{rejcarek@ci.delray-beach.fl.us> To: Le, Thuc H. Sent: Thu Apr 24 17:54:26 2008 Subject: FW: your letter to DOT regarding SE-NE 5th Avenue 'I'huc, Here is letter we will be sending. Any comments? What is FDOT Project # again? Thanks -----Original Message----- Fram: Pyburn, Terrill Sent: Wednesday, Apri123, 2008 10:2b AM To: Krejcarek, Randal Subject: your letter to DOT regarding SE-NE 5th Avenue Randal, Please see the attached letter for minor changes. Thanks. Terrill Pyburn, Assistant City Attorney 200 N W 1st Avenue Delray Beach, FL 33444 (561)243-7090 Page 2 of 2 NOTICE -This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 4/3/200$ MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: May 15, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MAY 19, 2009 GREEN TASK FORCE REPORT RECOMMENDATIONS -STAFF RESPONSES ITEM BEFORE COMMISSION The item before the Commission is a review of staff's recommendations regarding the Green Task Force Report. BACKGROUND The City Commission created the Green Task Force to provide recommendations to the Commission on ways to improve environmental sustainability, incentives for environmental conservation, means to enhance water and energy conservation, ideas for promotion of tree planting and xeriscaping, and best practices to be considered for implementation including long-term strategies. In January 2009, the Green Task Force issued a comprehensive report with numerous recommendations. City staff reviewed the report and provided initial recommendations to the Commission on May 5. An updated report of staff responses to the Green Task Force Report is attached. Staff will provide an overview of the report at the May 19 Commission Meeting. The attached report also includes information from the DDA/DMC, Chamber, and CRA. RECOMMENDATION Staff requests Commission direction regarding implementation of staff's recommendations regarding the Green Task Force Report. ^r City Staff & Other Agency Respon Green Task Force Report Recommei May 15, 2009 SUMMARY OF RECOMMENDATIONS: CITY COMMISSION -CITY WIDE * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer Implementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Adopt a set of Ten Objectives as Part of a QW 1 Staff ~~°:~ill revier~°:~ the Ten Ten Point Green Plan. ~ Point Plan further and recommend which elements to include in the City's !seen Strategd Adopt, Track and Annually Report a Set of QW 2 Economic & Environmental Performance Metrics using a new Economic & Environmental Scorecard Create an Internal "Green Team" by QW 3 Yes Staff has provided Although staff did not designating a Person from Each responses to the designate a specific Department to Evaluate and Implement Green Task Force team. each affected Report Recommendations recommendation department participated through this report in providing input to respond to the report recommendations Create a Permanent Green Advisory Board QW 4 tJo tdone Staff implementation Made up of Delray Beach Community requires no Board input. Members Promote Fuel Efficient Driving by All City QW 5 c~ De -loped and Poli °.~as a1-1 in ed by Employees and communicate widely implemented a City Manager in June fdo Idle" Folicv 2(?~0 Adopt and actively enforce an Anti-Idling QW 6 No None We can communicate Ordinance this to the public to encourage them to follo~%%.~ anti-idling coircehtc b~it,,ei~a~'e insufficient enforcement reso~ ices for ti_ is policy Establish Standard Green Office Practices QW 7 Staff supports the in All City Offices concept of Green Office p~ic.i-using „rf~en it does not result in additional ost Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: CITY COMMISSION -CITY WIDE * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer hnplementation started What specific Comments Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Issue City Commission /Mayoral OW 8 Yes CJone Staff does not Proclamations related to Green Building ~ recommend Construction and Operations proclamations adopting LEED standards as recommended in the report. ~_~reen rlesi~~n certification ~~°/ill be purs~le~_I in appropriate circumstances and a procla~7ratlon ~~ Ipportlnq green design can be drafted if the COITrITrISSIOII do SIIcS Create a Sustainability Officer Position and LT/S 1 CJo CJone helot cost effective Fund this Position through Cost Savings ~ Initiatives can be implemented ~~.~ithin de ~artments Complete Green House Gas Inventory and LT/S 2 Yes Joined ICLEI Long tens project to Create Reduction Plan Hiring intern for establish baseline for data input measuring reduction Adopt a Green Building Ordinance LT/S 3 hdo hdone Staff needs to investigate further the latitude „.~e have under the state regulations. also Commission may ~~~~ant to consider ho~~.~ much they may r~.~ant to set requlrel7rents abo~ e state corlec for I_,ri~-ate or~.~ners (to the extent ~~°.~e are allo~.~ed to do so) Establish an Environmentally Sensitive Leaf- LT/S 4 CJo CJone hdone Blowing Ordinance Cost tolmplement Payback uevelop and Implement a Flan to Promote LI/5 5 The Clt, °dill reyllestTecinli~al Advlwury Panel T.~F) sel~i~es from the Urban Land Institute rUL Green Economic Development attra t green C~ I in sses to the Conrn ~s Avenue Corridor. The ULI. through their TAF progralr estate. planning. financing. marketing anal development :perts Th e experts =dill pro~~ide unbi~ Con p ss Busl Ic_s Distn t as a ho ~t to a gro' II I~ vector of busine_s that ~~dol k in rener-sole ene dotilily organi feuds. etc. The ULI District ~uinlal .dill n ~sist the Clty in refining the cope of tl addr s~ those ~l_c ific is ~ues The ~It, s Director of Ecunumlc Development VIII ~~dork dithin UL ULI panelists prior to the panel con ening Vtl~ n corn~ened the Trap panel ~ VIII ~~isit the r ongree private stakehul lers and °dill then d liberate on the assi~ine I issues. At the ~undusion of the pa stakeholders follo~~~~ed by a ~~dritten report. Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: CITY MANAGER -CITY CLERK * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Revise Special Event Permit Application QW 1 'l ES Research Will draft Policy and TBD CJone and Special Event Policy revie~~.~ ~~.~ith major event partners and Staff br mid-June -~~~ Coordinate City Green Efforts with QW 2 YES Research Will heclule meetings TBD None Neighboring Jurisdictions ~~°:~ith surrounding communities to ~_ieten7nne possible paitnersiiips Complete the Florida Green Building QW 3 'les Detenlline iJ~eml rship Al plication TBD TBD Coalition (FGBC) Green Local Government Application Fee Fee S1UU + S4 OOU Certification Checklist and Apply for and Process Certification Fee Certification Implement Internet Based Electronic Bulletin QW 4 Yes Finalizing This ulrtirni .~.~ill only be ~ UU + Annual Repair TBD potenti Board for City Board Workshop Meetings contract available for Non 'Doting x ilaintenan e Costs availal le to s agreement ~~dith City Commission & licenses to otr Cominiter Works Boai I i,leetings ;i e communities dvorksi,opsi due to State Lai%%~~ Adopt Green Management Policy for Tennis LT/S 1 Faci I ity 1) Recycling e~ Completed Audit Edon Minimal None of ezistinq program 2) Energy Efficiency 'les Research Working "pith Facility TBD TBD Staff 3) Water Usage -Landscape Irrigation Yes Implemented Adjusted irrigation Minimal tdone SFWMD Water timers to accommodate Use Restrictions 4FVti 1D requirements Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: CITY MANAGER -CITY CLERK * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? 4) Water Usage -Court Irrigation tdo Flease tdote Clay Courts must be regularly ~~~~aterto maintain safety playabilib; 4) Integrated Pest Management GJo tJone Recommend Parks and TBD TBD Ba.reation to rep ie„, options related to IPM tdot related to Tennis r ontract Incorporate Green Practices into Golf LT/S 2 Course Management 1) Composting No 2) Recycling Yes Completed Audit tdone Minimal tdone of existing grogram 3) Water Reclamation e~ Completed tdone CJone tdone 4) Energy Usage e~ Put AlC Systems Electric Usage costs CJone tdone on FP&L "On have been dramatically Demand reduced by 20°o from System" -CiO- usage sorts Converted all lighting to energy efficient lighting & established and implemented an AlC Thenr~ostat Control Program 5) Audubon Society Certification Yes Completed tdone Minimal tdone Go Paperless for Public Information LT/S 3 Yes Have provided Fublic Infonr~ation (done CJone Requests requests recpiests are sent electronically electronically in PDF or sin ~ CD fon>1at Ho !ever. per Rorida Statute. „.e cannot require that the req~ iestor accept this fonllat only. Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: CITY ATTORNEY * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payhs Tenn Strategic Recommendation " [Yes / No] actions have been taken? Install network connection and upgrade Submitted as Additional c~ Complete copier (done TBD TBD photocopier for use with scanning Recommendation by set up order documents for copying public records City Attorney's Office CDs. provide requests onto digital devices future responses on digital fonllat Install motion sensitive light switches Submitted as Additional tdo Building tdone TBD TBD Recommendation by maintenance to City Attorney's Office install s~~.~itches Use energy efficient light bulbs Submitted as Additional tdo Building (done TBD TBD Recommendation by maintenance to City Attorney's Office install bulbs Purchase office supplies/furniture from Submitted as Additional ~ es Continue ordering None TBD TBD recycled products Recommendation by recycled paper. City Attorney's Office any future puc.i~ases ,•;ill be revie~~.~ed for all possible green options Recycle printer cartridges Submitted as Additional e~ Continue tdone TBD TBD Recommendation by recycling printer City Attorney's Office cartridges as is current pra ai.e Reuse file folders/litigation tabs Submitted as Additional c~ Continue reusing CJone TBD TBD Recommendation by folders/tabs as City Attorney's Office other files are aoserl o~ it Recycle cans/bottles Submitted as Additional e~ Discussions ~~.~ith tdone TBD TBD Recommendation by Community City Attorney's Office Impro~~ement on best possible pra ai.es for o~ it office Recycle paper/cardboard boxes Submitted as Additional c~ Discussions ~~°:~ith None TBD TBD Recommendation by Community City Attorney's Office Improvement on best possible practices for our office Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: CITY ATTORNEY * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payhs Tenn Strategic Recommendation " [Yes / No] actions have been taken? Use green cleaning supplies Submitted as Additional No CJone CJone TBD TBD Recommendation by City Attorney's Office Adjust energy saver options for Submitted as Additional ~Jo None None TBD TBD printers/copier so machines are in power Recommendation by save format more quickly City Attorney's Office Replace thermostats with programmable Submitted as Additional hdo hdone hdone TBD TBD thermostats Recommendation by City Attorney's Office Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: COMMUNITY IMPROVEMENT * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Enable Commercial Recycling by Allowing QW 1 hdo v~nrk ~~.~ith vendor Detenmin customer TBD TBD Pick-Up of Recyclable Material (Cardboard, to establish interest and types of Paper, Glass, Metal) by Qualified Recyclers process containers rerl~ lirerl create marketing campaign Adopt Paperless "Online" Building Permit QW 2 No (done vVill requll I search and Re earch on tioft~.~are TBD Applications coordination ~~.~ith IT dept. and cost requiredhmajor Lobby legislature to allo~~.~ cost in equipment online ~i~~nature~ anticipated Create a "Green Building Basics" Public QW 3 CJo signed to Staff Brochure and infonllation Estimated at ;00 TBD Information Campaign to be designed Create "Green Building & Recycling Basics" QW 4 Yes Assigned to staff In Process Estimated at S500 TBD Public Information Campaign for Children Require Energy Star Appliances in all QW 5 No I plian ti are staff is re:ommendiug gone anticipated TBD Building Applications ~ not a part of the In b I ling a link from the building penr~it City's r~:~ebsite to application starenergy com"and including such infonllation to customers applying for recirlential pe n>1 i is Mandate Cool Roofs QW 6 hdo Building Official is More research to be TBD TBD not sure ~„~e can clone egally clo this one as recommended Encourage Installation of Solar Hot Water & QW 7 e~ Detenllined that Staff .~.~ill onsider GJou anticipated TBD Solar Electric by Streamlining Permitting solar electrical changes to permitting Process deg i.e~ are I7rore revie,; pro.ecc to COITIpICatc~_I an~_ titlcalTllllc appl O~'a ti require plans to „rfllle I7ieetlnq State r~lles be re~ie,;erl Require Green Benchmarking for New LT/S 1 No Requires Staff Planning committee TBD TBD Buildings /Substantial Renovations coordination ~~.~ith ~~°:~ill be established Planning & ~oniny amend LCiB'c lip tilrougi_I City Commission Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: COMMUNITY IMPROVEMENT * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments (Cost to Implement Payhs Tenn Strategic Recommendation " [Yes / No] actions have been taken? a green ne F?esearch required to I urging of the proposed i ic~,d be t ~~ractices a~~d~r1s program =dill be contingent on the turnaround of current economic conditions Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: ENVIRONMENTAL SERVICES (i.e., Water, Wastewater, Reclaimed, Public Works, Fleet & Engineering * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer Implementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Adopt a Series of "Quick Win" Water OW 1 Efficiency Measures for City Buildings 1) Urinals YES Research Capital cost to ~nrn~ert& i~'aterless ~iriiial~ S.OU Estimated ate increase I i&M costs each ;fixbue only) dears Replumbing req'd 2) Low Flow Faucets YES Research Capital cost to convert L~~ ~ fl~n~d fay i ets S200 each (fixture only) 3) Dual Flash Toilets YES Research Tank type fixtures. Most riictiii~_l fi?3ures are fly isi ~oi7reter bd _~e Adopt LEED Silver as the Official Goal for OW 2 tdo tdone hJeed to coordinate ~~.~ith tdo cost to implement but TBD All New Municipal Buildings and Major Planning & Zoning and ~~.~ill increase capital Renovations, with a Target of Gold or Community costs for construction Higher for at Least ONE Building Improvement Register City Hall for "LEED for Existing OW 3 YES Detenlline Application Fee 1 ~~ TBD TBD Buildings", and Start Pursuing Certification al-plication fe 'bldg .less than JUO and process sf) Paint the Interior of Parking Garages White OW 4 as Part of Routine Maintenance to Maximize Li htin Efficienc 1 Old School S care a) Paint b) LED Lights YES Con i Icr Sug~~ ~t r placiii ~ lights ~ ~~ gara ~ 132k to TBD ~ alt iiiatives t~~ pith LEC li~ihts I aint Ina a ed painting i7raintenance .osts 2 Feders iel a) Paint b) LED Lights YES Con i I r Sug~~ ~t r placiii ~ lights F I r ~I iel ~ Uk to I-aint TBD ~ altciiiatives t~~ pith LEC li~ihts Iii ica~ed maintenance painting osts Install High Efficiency Lighting for OW 5 YES Obtained sample Test light to be installed TBD TBD Streetlights to implement trial in-house site Establish Environmentally Sensitive OW 6 No None tJcd~.~ ~,RD required iJ~inimal TBD Landscaping Practices (leaf blowing ordinance Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: ENVIRONMENTAL SERVICES (i.e., Water, Wastewater, Reclaimed, Public Works, Fleet & Engineering * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer Implementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Expand Roundabout Shuttle Routes and QW 7 YES Added 3rd route More routes and reduce TBD TBD Schedules during peak times Adopt a Series of "Quick Win" Energy QW 8 Efficiency Measures for City Buildings 1) Change City Hall light bulbs to compact YES Replaced 90°0 of In progress S 1000 Total cost for fluorescent units lights City Hall 2) T-8 electronic ballasts a) City Hall . ES Reply erl ~_; ;_ of lights In progress =,00 total sort years b) Police Dept YES Rel la cd 2C ,'~ of In progress 0 estimated total ;years lights cost 3) Motion light switches a) City Hall YES P.el la ed ~C o of None ~ :'0 estimated total units cost b) Police Dept YES Rel I~ d 2d G Installed 2U 1 ~ 0 estimated total cost c) ESD YES Completed 'IOU % Included in need SO construction 4) Programmable thermostats (All YES Conversion in r,U % of buildings are S~UU per unit Buildings) progress complete 5) Electric water heaters a) set at 120 degrees YES Completed 1 UO % Excluding Fire Dept Station due to code b) time clocks YES installed time GJone S 1 500 to complete units 6) Small scale photovoltaic electric system a) City Hall NO None Capital project TBD TBD development b) Lakeview Golf Course YES Installed at (done ~_'~~ Lakevie~~d Golf o~ irse for irrigation c) Bus Shelters YES Installed on some (done ? 500 per shelter smelters for interior lighting Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: ENVIRONMENTAL SERVICES (i.e., Water, Wastewater, Reclaimed, Public Works, Fleet & Engineering * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer Implementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? 7) Replacement of appliances YES Replace units as In progress. Varies needed ~^.~ith Energy Star a _liance Perform an Energy Audit on All City LT/S 1 YES Hire intern to City Hall & PD had FPL tdone Facilities collect data to energy audit completed in gut into ICLEI Convert Roundabout Shuttle to Alternative LT/S 2 tdo tdone Vehi I s ~~.~.~ned by Significant contract CJo economic Fuel and Utilize an Open Air Rubber Wheel vendor. (deed contract increase anticipated payback Trolley condition. based on prior ex _~erien e Install Stormwater Treatment Devices at All LT/S 3 YES Utilize dry fdPDES regulation TBD TBD Runoff Outfall Discharges and Promote retention presently in place Stormwater Infiltration Re-evaluate the Current Tiered Rate LT/S 4 YES City consultants (done TBD TBD Structure for Water Billing revie~~.~ing rate structure Adopt "LEED for Existing Buildings" for all LT/S 5 CJo CJone Application Fee S~ ~5U TBD TBD City Buildings ibldgs less than 50.000 sf1 Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: FINANCE (i.e., Finance, Information Technology, Purchasing, Utility Billing) * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Create a Budgeting, Funding and Suggested QW 1 Yes Evaluation of tdone tdone None Return on Investment (ROI) Framework for Applicability to Environmental Programs include ~~.~ithin City's CIP Program Implement Power Saving Features in all City QW 2 e~ Purchased C~nr~pletel state of the Loy ~ fl~~ °.~ fain t ~~ TBD Computers & Printers Blclgy Saving art IT Building and !C each fixture unl,~1 Equipment ~~°:~ith Systems to maximize these features energy efficiency and "built in " cost savings Enact an Energy Efficient Computer QW 3 Yes Research Redrafting current tJone TBD Purchasing & Operation Policy Purchasing Policy Manual. Main Computer Syste lTl ITIi_ISY IelTlaln ~'~iI..J~~ -~-~'- YO accommodate clTlclgc n!,`y Scl\'ICcS Develop & Implement an Environmental QW 4 Yes Research Redrafting current tJone TBD Purchasing Policy (EPP) covering, at Purchasing Policy minimum: supplies, printing, furniture, N;lanual technology, vehicles Employ Green Cleaning and Maintenance QW 5 c~ Staff has met ~^.~ith Completed CJone TBD Facility Janitorial 4avin Sergi-ise~ Contrast er:pes and implemented Cont Cleaning Janito prod~Iac Servl`- r ont Purchase Energy Efficient Light-bulbs QW 6 Yes Replaced Bulbs ESD Department is TBD TBD and Ballasts and currently implementing Light S~%~~itches this recommendation ~~~~ithin various City Fa.ilitie Create, launch and operate a website QW 7 Yes P.esearch tdone Minimal None dedicated to Delray Beach's green efforts Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: FINANCE (i.e., Finance, Information Technology, Purchasing, Utility Billing) * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Develop Incentives for Green LT/S 1 tdo tdone tdone TBD TBD Redevelopment Develop Incentives for Location of Green LT/S 2 GJo DJone (done TBD TBD Businesses within the City ~'~ ~: ~ ~ .::.: .................... Research Green Grants Opportunities LT/S 3 Yes Research Cceloheri a Grant Team TBD TBD to continuously search of grant opportunities Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: FIRE-RESCUE * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Dispatch Optimal Number of Vehicles on QW 1 hd0 helot feasible or practical Calls clue to equipment carried in command vehicles Restrict Vehicle Usage to Official Use Only QW 2 YES Standing policy hdone none TBD limits unna.essary trips Encourage Routine Fleet Maintenance QW 3 YES Vehicles ae fdone none Optim maintained on a econc preventati~'e basis s,i~erl~_ilerl by Gity Garage Optimize Fire Hydrant Inspection Procedures QW 4 YES Fire hydrant Request monthly report hJone Optim inspection has from ESD in accordance econc been tunre~_i o~ er „~itt~ Florida Statutes to ESCi Restrict Staff from Driving Vehicles Home QW 5 YES All personnel ~~.~ith hdone none TBD Unless On Call take home ~ ei~i.les are s~_ibja t to immediate recall Educate Staff on Fuel-Efficient Driving Habits QW 6 YES Standing policy Issued memo to raise GJone Optim (reference Miami Fire Dept Best Practices) identifies driving a~~.~areness for econc pro.e~_lures unnecessary idling Eliminate Disposable Dishware in Fire QW 7 hd0 hdone required. Provide sauitaiy utensils hdone Redu Stations ahead; ~_ise to ~_le.rease spread of lea~'e asl~ablereusabl .onta~_lio~is and i~ealti e itei7rs so~ln7runieable diseases orkfr Upgrade Fleet LT/S 1 YES R~IIo.~,~ ~ ehicle Nc .~ vehi is comply Optim replacement ~~.~ith current emission econc schedule standards reduce eITIISS Use Reclaimed Water for Washing Fire- LT/S 2 GJo Research Concerns of aesthetics minimal TBD Related Vehicles regarding storage tank installation Install Air Scrubbers at all Fire Houses LT/S 3 Yes ~9 AFG lards ~:°:~ill be mad in 2i 7 i00 Clean submitted for the Spring of 20'10 reduce funding Edith emiss ~._0 split Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: FIRE-RESCUE * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation ng Quick Win /Longer hnplementation started What specific Tenn Strategic Recommendation " [Yes / No] actions have been taken? Krr ,,.~ui oe itisued shortly in ai ides 3PS !==!e,ifisatioiis nts ICosttolmplement ~Payh~ fJF'L~~S regulation Cost =dill be iiidiuled in Uecre ~~resently in gJaoe thesuft~are ~ iirohase fuel ons~ i a .zii^ for eir ally Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: HUMAN RESOURCES * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Create Job Description for a Sustainability QW 1 , , , ~„ , . , . , „ ,_ , , , ,,,, Yes Pesearch Due to the City's TBD TBD Officer economic /financial ..: °'........~ ..:: ondition ti~is .~.,ould be ,,,,~?',,,,,,,?,,,,,;~ difficult to do at this .....:.............. ~ point. Additional ... =' ..............::' sustainability ....:~',....... ~,......: re ~ponsibilities may be ..':':'........'......':< a~l~led to ~~arious :? I~ositions dithin the City Create a Human Resources Sustainability QW 2 Yes Research Identifying Professional TBD CJone Education and Best Practices Education Organizations that Program communicated "Green" Praai.ec~ Infor~7iation to ei7iployee Coordinate Roundabout Shuttle with QW 3 hdo hdone Run a zip code of City TBD CJone Employee Commuter Schedule Staff to detenr~ine if efficien.ies i7iad be realized Educate City Employees About Public Transit QW 4 Yes Research Coordinating ~~.~ith City hdone TBD Federal Tax Incentives Departments to tax sa ~letemiine fea~ibilitd Provide Re-usable Mug and Water Bottle to QW 5 Yes Pesearch Considering option of TBD None Employees combining programs that are funclecl ~~dith this program to support cost Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: HUMAN RESOURCES * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Reduce the Work Week to Four Days LT/S 1 Yes Research Irtained sample policies TBC ,ost swings may TBD ,,,;:,,,, ,,,,:~ fromsurmundinq be realized i7iuni.ipalitics ti~at i~a~,c ...~:=' ...............:' ..: °' .......-' ~::: implemented this - hedule Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: PARKS & RECREATION * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Recertify the Delray Municipal Beach as a QW 1 Yes Had our This funding for this item S'_200 for reuc.~.~al Have Blue Wave Certified Beach ~ertificatirni since ~.~as not ~iiven in this any in 2004 budget year. being ti^\~a~ e Maintain or Support Organic Community QW 2 e~ Started to ~e'e are starting a "Go Th program is Free Introd Gardens advertise to Green" community peopl community garden at Catherine vario~. Strong Park. Carver of org V. i~lrlle Sci~ool also ~_-garde implemented a garden this year ~~dith the help of bra rks Mulch and/or Compost a Range of Materials QW 3 YES ~Ve currently ire have i dcling at our Cost of r ;cling Collected from City Parks, Communicate have a i center ~ and rec; clin_q containers Availability of this Material mulch compost bins at our sports site attire ,oi7rple.;es muniq?al eemetery Place Signs Describing Green Features of QW 4 YES (done Educational signs in our Cost of the signs Educ Public Parks & Amenities parks are a good idea public benefi Create a Pesticide Hazard and Exposure LT/S 1 Yes We are .corking ~Ve are using organic TBD Clean Reduction (PHAER) Zone Program to achieve this by soil enhancements. healtl using organs. Leanr i7iore about IFN;1 en~nrc ~ ~I ~ Sri IstS Implement Water-Efficient Landscaping LT/S 2 YES vde currently iFe use native Florida Cotit of native plants an I Savin Protocols follo~~°:~ S Florida plants such as live oak. trees and pl dvater vilrl .offee sal.,le pali7rs nati~'e Management etc. benefi Gistri a ens irc recommendations Minimize Chlorine in Community Swimming LT/S 3 No ~ i~ckin~~ pith Fool staff i ~ o~~en to the Estur~at I comet for ~ pro Pools ~ pool com~~any i Ia and mild like to con rsiun to salt.~ater i ;ears and Internet to explore tiie options. S1: ~_. .JU to money find out more info convert all the pumps curre about this. and mechanicals in on poi pump room. chemi Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: PARKS & RECREATION * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation implement r=nergy r=rnaent ugnung ~ Controls for Outdoor Courts, Parks, and Playfields Quick Win /Longer hnplementation started What specific Tenn Strategic Recommendation " [Yes / No] actions have been taken? YE6 vdearernuiently installin i i~usao Li lidinrl .;teen Ta.iuiology enerq'i efficient lighting system at our ne~~~~ fields at Miller Park FP&L also did an energy cost analdsi~ of~, Be. Venters nts ICosttolmplement ~Payh~ iJe repla-d lighting and Rel la .c ~heu a essaiv Cos motion d tatars in all i ding sRurts lighting energ c~~eral 1-iihlic meetiu~~ ~~ditii ucigy efficient rooms lighting. Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: POLICE * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payh: Tenn Strategic Recommendation " [Yes / No] actions have been taken? Increase Use of Existing Alternative Fuel QW 1 Yes Purchased ~~ hdone TBD TBD Vehicle and Bicycles bicycles. use of T- .j~5 t0 patrol ~_O\:'/IItO~:'/II ilea Implement shared vehicle patrols QW 2 Yes Sharing of patrol hdone TBD TBD vehicle ~~.~hen appropriate Minimize Trips for Minor Incidents QW 3 e~ Telephonic Edon-criminal reports TBD TBD reporting taken overtire prone Reduce Non-Duty Related Vehicle Use QW 4 Yes Pduce I usage Off duty offi ~ci ~~.~ill Dave hdone TBD of poli.e ei~isles Iii7rited use of poli.e eiii.les Quantify Overall Fuel Consumption and QW 5 e~ Supervisors On going monthly TBD TBD Establish Reduction Targets monitor fuel monitoring of fuel usage consumption monthly Remove Unneeded Weight on Vehicles for QW 6 Yes Removal of items ~~ q~crvisnr iutipect cars TBD TBD Fuel Economy not needed monthly ensuring only neeessary equipi7rent is karrierl Encourage Routine Fleet Maintenance QW 7 Yes Routine Vehicles are scheduled TBD TBD preventative foi PiJ~I e ei ,(l00 miles maintenance or every 3 months Assist in Enforcement of Green Codes QW 8 e~ Partner i~q~s ~~.~ith ffi~ers ~ ~oik ~.~ith Code TBD TBD Coyle iffi.ers as ctaffin~_l B~forcement penr~its Explore Greener Cleaning Options for QW 9 hd/A Officers clean hdone TBD TBD Uniforms (e.g. Washing or Non-Perc Dry ~ their o~~.~n Cleaning) unifonlls Purchase More Fuel-Efficient Vehicles / LT/S 1 e~ Utilization of more Peplacinp current J pen ehicle TBD Alternative Fuel Vehicles fuel efficient supervisors' vehicles hides Cro do k i ~ ddith SITIaer Cile~-y Impalas Implement Electronic Citation System LT/S 2 e~ Electronic ffices hate been using TBD TBD citations in uce elearonie .nations for tine past several 'y ears Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: POLICE * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific Comments Cost to Implement Payhs Tenn Strategic Recommendation " [Yes / No] actions have been taken? Use Reclaimed Rainwater to Wash Police LT/S 3 hdiA ~ ~nitracted ffi~ers I i iu ~ chides to TBD TBD Vehicles ~ ~ mice n ironm utnll,~ friendly car ~~.~ash Implement GPS Routing Software LT/S 4 GJo Budget DJone TBD TBD n ictra ii its prevented implementation Phase Out Percholorate Flares LT/S 5 No Elctroui Flairs P arci~iu ~ uc,„~ TBD TBD ~ re not ~iitable t iniolo~~ fni more efficient deg ice Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: PLANNING & ZONING * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer Implementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Conduct a Green Audit of the Current Land QW 1 CJo CJone City Staff can complete TBD (done Development Regulations and an initial revie~~.~ of the Comprehensive Plan LDRs & the Comprehensive Plan. If the budget permits. a revier~°/ of those findings could be conducted by an outside consultant Develop and Apply a Sustainable Land Use QW 2 Yes CJone Detenlline scope of TBD (done Checklist elements of revie~^.~ Mandate Environmentally Friendly QW 3 Yes P&~ 7 CI hdone Minimal TBD -may Landscaping implemented the positively imp 1st round of City's Consur landscape code Use Penr~it amendments Provide Incentives to Encourage Rainwater QW 4 hdo hdone Staff gill icvie~~.~ the TBD TBD -may Harvesting LDR ~ ~ iclentif, i.~~tisible posits sly imp harriers to ens~urage City'sCons~ul ti~is prasti.e I ise Penr~it Re-evaluate Parking Planning and Design QW 5 e~ Ciiaiiped the This i pectecl to ipinimal TBD may re method of incentivize Class A increased tota determining Office development and. taxable value Parking upon full implementation Requirements for of recommendation. "Office" from should reduce pavement Gross to CJet ~~dithin the City Floor Area Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: PLANNING & ZONING * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer Implementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Revise LDRs to Make Pervious Pavement LT/S 1 CJo CJone tdone Minimal TBD the Standard Create a Green Business Overlay Zone LT/S 2 No None staff i ommeu is TBD TBD ~ ~ity~ i I implementation Develop a MDlti-Modal Transportation LT/S 3 YES Implemented the Completed District (MMTD) ~ Congress .:~ enue Corridor !i~ erlaw DI~Vist ji e MROC) Re-evaluate Parking Requirements for LT/S 4 Yes Ciiauged the This iti :pected to Minimal TBD -may re Mixed Residential Office & Commercial method of incentivize Class A increased tota (MROC) District detenr~ining Office development and. taxable value Parking upon full implementation Requirements for of recommendation. Office" from should reduce pavement Gross to Net ~~~~ithin the City Roor Area Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: PLANNING & ZONING * NO - Yes - ;Alternative - To Be Determined - X13 Recommendation Quick Win /Longer Implementation started What specific Comments Cost to Implement Payback Tenn Strategic Recommendation'" [Yes / No] actions have been taken? Create & Promote a Green Neighborhoods LT/S 5 ~ CJo CJone hdone TBD TBD Program, Incorporate Principles into Land Development Regulations & Comprehensive Plan Adopt and Implement the Existing Bike and LT/S 6 ~ es This report has Report Completed TBD TBD Pedestrian Task Team Final Report beu I roduced ......:.......:.::< reie~.~edand .......-' .....~.-' ~:~; dls iissed. .......-' .......-' ::; ho ~e~er its ~'i offiial adoption ,,:' ~~~oiild be a policy de i ion by the ,,,,,,,=',,,,,,,,-,,;: City Commission Study Potential Zoning Decisions that Could LT/S 7 es Thi ~ Cluster Clust r Study TBD TBD Encourage Businesses to Serve Residents ......:i .::...:;' ~ ~ ' - Sb i f~ iias been l d Completed .......- ........ , ; .......-` .......-.:: ......:'.......:.::i' hr~~ ace . rep is .red and dls iissed Develop a Sustainable Vision and LT/S 8 Yes CJone hdone TBD TBD Incorporate into City Planning Documents Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: COMMUNITY REDEVELOPMENT AGENCY * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific actions have been taken? Comments Tenn Strategic Recommendation " [Yes / No] Provide a CRA representative for a New QW 1 It is currently not clear ~~°:~ (Potential) Permanent Green Advisory Board of the Board will be Ho' continue in some fonr~ ( ctrategiec to proi7xrte c~_ic building. and green econ redevelopment planning neighborhood plans. desi The CRA could assign a foc.eeoi7ri7rittee to partisi Task Force/Committee in Gel~arti7ient reprecentatc Adopt the City's Standard Green Office QW 2 e~ The CRA has implemented the Citys green Practices operating practices. Provide aGreen /Energy Efficiency Grant QW 3 Further icvie~%%.~ of this iten and Revolving Loan Fund '-- ~ ~" Pursue Green Building Certification for the QW 4 Tiie CRt~ th cxe~ nt I Purcii~ti and Talc Old Library /Hotel Redevelopment Project ~ preem nt pith th I lop r of the C Id Library cite prior to tine 3reen Tack Force recommendations. The Agreement does not contain stipulations pertaining to Green Certification. and therefore cannot be mandated. Hn %e~ ei tine rle~ eloper t~ac in ii.aterl a lecire to include green technologies and strategies with the project. It is noted there are many LEED requirements that are already part of our city sodecide~ elopi7rent req~ilationc ti~at pro~lxrte sustainai I clevelnlnr~cnt isr h as on-site rain ater i7ranagei7rent landscape ansl irngation requirements. pollution prevention plans. ievelol~mnt densit~~ and community anniectivitkl Also. many other energy conservation standards are already part of the Florida Brergy Code. Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: COMMUNITY REDEVELOPMENT AGENCY * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific actions have been taken? Comments Tenn Strategic Recommendation " [Yes / No] Pursue Green Building Principles for the QW 5 Yes This recommendation has been addressed ~~.~ith the Current Parking Lot Redevelopment Project parking lot design. ~~.~hich includes the installation of ~~erviou ~ a~ cls ~~.~ithin the courtyard all i parking areas, LEG site ligi~tulg (City ic~orativ II ~i~tsj drip irrigation ;stem au I :eriscape The Ian I nape plan t-lac been rlecignerl in a 17ianner to reds I.e the heat island effect. Pursue Green Building Certification for All LT/S 1 This item requires further CRA Projects consider that the green 7 ,,,,~?,,,,,,,~,,,,,,~ develo~~CalrayBachs ....'......... '.'.'.' ,Sec Fi- LOnq TcIITI F c' ,,,~;=',,,,,,,,,,,,,,,~ Green BuildingStaudard: ...~:-' ..............:: LEEC ~taulards iiodeve ...:?'.......?..... enforcd through our lo .....? .............. ~ leviev,erc and in ~pectors ,,,;;;,,,,,,,,,,,,,,,~ LEEC requirementsthat :~' z .: Jthertiensible LEED req ~:r r, , , , , ;' ' ~.ithin our buildillp regula : ...:?,.......?,.....: requircmcntc,~.~olll I beco ,,,;~?,,,,,,,?,,,,,;~ Standal Is Dey loperst .....:.............. ~ through tt~e expense and ...=' ..............:~ LEEC ~ loess i ~It ,~oulc ....:.',.......,......: Green Building Standard .. ... ..~.~.°........~ ..~:.: districts such th ~4RJC Implement Long-Term Sustainable LT/S 2 The CRA ~~.~ill collaborate Redevelopment Planning BoardiCommittee to dev promote sustainable dev green economic developr Ic~_Ic~'cO plTlc nt pannlnq ~. neighborhood plans. desi The CB:; could assi~_ni a f01!,cCOITIITIIYtcc to ~~a ltl Cl Tack ForeeCo~luliittee in Department representatiti Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: DOWNTOWN DEVELOPMENT AUTHORITY & DOWNTOWN MARKETING COOPERATIVE * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific actions have Comments Tenn Strategic Recommendation " [Yes / No] been taken? Adopt the City's Standard Green Office QW 1 All s~ q I lies ai I iir~has I I v the Chambe Practices ~ Commei e - ~Rrt I and I ~ sed on Switch to Recycled or FSC-certified Paper for QW 2 We have requested bids for this paper- b all DDA Publications prohibit it at this time Implement a Recycling Program for the QW 3 e~ The Chamber of Commerce There is no ctrl tilde pig k~q~ yet in the ~lowi DDA/DNC Offices ie~ycles ardboar~i aura office am,~ of the restaurants or I utiinesses Iaper Create a Volunteer Green Team QW 4 GJo OK vac ~%,~ill send this o~it °.~hen r piestin for cpa.ial e~ tints ecpecialfy for tl~e Cl~rict ~~~eek program) Provide a DDA representative for a New QW 5 ~ The CDA has uu ledicated staff to l~cll~ :~°:~i (Potential) Permanent Green Advisory Board ....:~',... ~.: ? .....:' hog ~cver the C V4 ~ could if time pen~its If ,,,;:?,,,,,,,,,,,,;; perhapsa mer~hantcoiildsitonttiis board back to the Retail Advisory Committee Promote "Car Free" Zones QW 6 , , , ;.. . ~.~ ~ , , , ,.;. We gill eXplor the use of Car Fr ~one ...: ~ ~ ~ ~ ....~:° instead of Sh tits clos Ito ~~ehiculartraffi ,,,,;;,,,,,,,,,,,,,,~ aplli ablefoi I_ecialevents Develop a Plan to Attract More Green Events QW 7 We gill contiu~ ie to ~%,~ork ~~ith the ~'JB on Conferences. and can look at the option of the host city if sponsorships are acquired. Develop and Implement Green Merchant LT/S 1 e~ Tl~c DMC au~l DC lure been The ~olony Hotel is oui fir ~t lesigiiat~d G Marketing Program °:~orking pith vendor as ~.~ell as i7rena ~a ntc recta ~ ira ntc a boy it creating a designated green prograi7r along Atlantic Avenue - ho~~deversmallatthistime We gill contiu~ ie work ith the 500 blo.k ib~ icinecccc c~ irro~ inrlin~_l the Colony Hotel) to have it become the First Green Block in do~~~~ nto~~~~ n Promote Green Tourism LT/S 2 We ~~°:~ill participate as opportunities arise Promote Alternative Vehicles /Bikes for LT/S 3 We °.~ill contiu~ is to d.~ork ~.~ith the City on tl Tourists initiatives Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: DOWNTOWN DEVELOPMENT AUTHORITY & DOWNTOWN MARKETING COOPERATIVE * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific actions have Comments Tenn Strategic Recommendation " [Yes / No] been taken? Explore and Potentially Propose a LT/S 4 In ~rtii i d~~ .~ntn ns stu li d Icy the Intemat Permanent Car-Free /Pedestrian Zone in the ~ Do ntn n As ~~ iation this has n~rt been Downtown Core alternative. and has created a negative iml dog nt~n~,in bu in ~~as environir~ent iJ~ost rep ercerl ba.k to ~ chi.le ctreet~ Perhal_~s closer to harks or the beach ~~dould ~~.~ork Summary of Recommendations by City Department SUMMARY OF RECOMMENDATIONS: CHAMBER OF COMMERCE * NO - Yes - ;Alternative - To Be Determined - ~~ Recommendation Quick Win /Longer hnplementation started What specific actions have been Comments Tenn Strategic Recommendation " [Yes / No] taken? Adopt the City's Standard Green Office QW 1 Ci~~mher fe IS like this should be explore Practices r. .^ ....:r,..: ti ~ ~:' p~~ ~ibly imt lemented Switch to Recycled or FSC-certified Paper for QW 2 Scc DDA R ~ponse all DDA Publications Implement Recycling in Chamber Office QW 3 We are already implementing this Create a Green Awards Program QW 4 Chamber feels like this should be explore p~~ssibly imllemented Pursue Green Event Planning at 2009 and QW 5 Chamber feels like this should be explore All Future Delray Affair Events p~~ sibly iml lemented Pursue LEED for Commercial Interiors LT/S 1 ...:.:. .. ' ` ....:~ Chamber feels like this siiuuld b explore Certification for New Office p~~ssibly implemented Support the Florida Chamber of Commerce's LT/S 3 Chamber feels like thi ~ ~iioulcl b explore Green Efforts ~ po~~ibly ii7iple~liente~_I Identify "Green Businesses" and Designate LT/S 2 , , ,.;.;, ,. .., , , , ;.;., Chamber feels like thi ~ ~iiould b explore them Separately on Chamber Websites , , , ;~~, ~,~ ~ ~ ~ _ , , , ,~;~ p~~ssibly implemented Summary of Recommendations by City Department MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: May 11, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 19, 2009 RED LIGHT CAMERA VENDOR SELECTION ITEM BEFORE COMMISSION The item before Commission is consideration of the selection of American Traffic Solutions (ATS) for the Red Light Camera Project (RFP 2009-27) and direction to staff to negotiate a contract with ATS. BACKGROUND Three vendors submitted proposals to this RFP. Those vendors were: ATS, Gatso, and RedFlex. The selection committee consisted of five individuals representing three departments. They were as follows: Police Department representatives: Captain Jeff Goldman, Sgt. Richard Jacobson, and Administrative Officer Sharon L'Herrou; Finance representative: Assistant Director, Milena Walinski; and Environmental Services representive: City Engineer Randal Krejcarek. Prior to the selection committee meeting, copies of the proposals were distributed to committee members to review and detailed reference checks were conducted. The selection committee was convened on 5/8/09 to review the proposals. Gatso representatives were unable to attend due to flight delays. At the start of the meeting, RedFlex representatives unexpectedly announced their withdrawal from the process. After a short presentation from ATS, committee members assessed the remaining two vendors according to the ranking sheet developed and published in the RFP. Detailed minutes of that meeting are attached. Of particular note during the discussion was that two of the three references contacted for Gatso reported that they did not have contracts with Gatso. These references indicated that their contracts were with another vendor, American Computer Solutions (ACS) who partnered with Gatso. One of these two references further noted that last year their City re- bid the project and awarded it to ATS. Therefore, two of the three Gatso references were not able to provide satisfactory confirmation of Gatso's ability to implement afull-scale turn-key operation. In addition, some preference for Florida experience was specified in the RFP. The only bidding vendor with such experience was ATS. Some questions arose regarding ATS' experience in Port Richie. However, that concern was moderated by ATS' excellent references and experience in other cities. Utilizing a rating sheet published in the RFP, the selection committee awarded an average of 93.2 points out of 100 to ATS and an average of 78.0 out of 100 to Gatso. Based on this ranking, the selection committee recommends ATS as the City's Red Light Enforcement Vendor. RECOMMENDATION The selection committee recommends awarding the Red Light Camera project contract to ATS. If approved, staff will negotiate a contract with ATS to bring to the Commission for approval. RFP NO. 2009-27 CITY OF DELRAY BEACH AUTOMATED RED LIGHT ENFORCEMENT SYSTEM EVALUATION COMMITTEE RESULTS VENDOR AMERICAN TRAFFIC SOLUTIONS GATSO Criteria CommitteeMemberEvaluation Possible Points Reviewers Points Reviewers Comments Reviewer's Points 15 1 Qualifications of Firm: meets requirements for financial, IACP standards, experience implementing Red Light Camera Systems etc. Sharon L'Herrou, Police Department 15 all excellent, very experienced noted info re: IACP standards 13 Captain Jeff Goldman, Police Department 15 in FL 34 awards 12 Sergeant Richard Jacobson, Police Department 15 largest involvement in FL 10 Randall Krejcarek, City Engineer 14 10 Milena Walinski, Assistant Finance Director 15 7 TOTAL POINTS SCORED 74 52 10 2 Quality of References/Customer satisfaction Sharon L'Herrou, Police Department 10 excellent ref.'s (slight concern abt. Pt. Richie but points for all relevant FL experience 6 (preference given to vendors that can Captain Jeff Goldman, Police Department 9 good references 7 demostrate Florida experience) Sergeant Richard Jacobson, Police Department 9 good references from competitor 5 includes litigation and claims record. Randall Krejcarek, City Engineer 8 about Port Richie situation? 5 Milena Walinski, Assistant Finance Director 10 all references except Pt. Richie were exceptional 5 TOTAL POINTS SCORED 46 28 10 3 ImplementationTimeline Sharon L'Herrou, Police Department Captain Jeff Goldman, Police Department Sergeant Richard Jacobson, Police Department Randall Krejcarek, City Engineer Milena Walinski, Assistant Finance Director 10 10 9 8 10 eems short City notice to proceed as permit It will probably be longer than expected 10 10 9 9 10 TOTAL POINTS SCORED 47 48 15 4 Revenue/Cost package Sharon L'Herrou, Police Department 15 14 Captain Jeff Goldman, Police Department 15 good options 14 Sergeant Richard Jacobson, Police Department 14 would like clearer answer 15 Randall Krejcarek, City Engineer 0 don't care for there approach 0 Milena Walinski, Assistant Finance Director 13 hard to judge 10 TOTAL POINTS SCORED 57 53 10 5 Technology: Sharon L'Herrou, Police Department 10 9 Most current Captain Jeff Goldman, Police Department 10 better camera 8 Plan proposed for regular upgrades Sergeant Richard Jacobson, Police Department 10 8 High quality, color images Randall Krejcarek, City Engineer 9 7 (3 pictures of violations) Milena Walinski, Assistant Finance Director 9 7 Live video (with on-line access) Ability to capture all red-light runners (such as "creepers" or "stop-and-go'") TOTAL POINTS SCORED 48 39 RFP NO. 2009-27 CITY OF DELRAY BEACH AUTOMATED RED LIGHT ENFORCEMENT SYSTEM EVALUATION COMMITTEE RESULTS VENDOR AMERICAN TRAFFIC SOLUTIONS GATSO Criteria CommitteeMemberEvaluation Possible Points Reviewers Points Reviewers Comments Reviewer's Points 10 6 Physical equipment Sharon L'Herrou, Police Department 10 offers to accommodate if needed 9 Aesthetics Captain Jeff Goldman, Police Department 10 8 Infrastructure Sergeant Richard Jacobson, Police Department 10 8 Use of Power Randall Krejcarek, City Engineer 9 3 boxes on 1 pole 8 Weather/vandal proof housing Milena Walinski, Assistant Finance Director 9 non-obtrusive back-up power not addressed 7 TOTAL POINTS SCORED 48 40 10 7 Violation Processing Citations meet RFP criteria On-line access Collections Sharon L'Herrou, Police Department Captain Jeff Goldman, Police Department Sergeant Richard Jacobson, Police Department Randall Krejcarek, City Engineer Milena Walinski, Assistant Finance Director 10 10 10 10 10 ppears to be comprehensive 10 10 8 10 9 TOTAL POINTS SCORED 50 47 10 8 Reports/Analysis (meets RFP criteria) Sharon L'Herrou, Police Department Captain Jeff Goldman, Police Department Sergeant Richard Jacobson, Police Department Randall Krejcarek, City Engineer Milena Walinski, Assistant Finance Director 10 10 10 10 10 10 10 10 10 7 TOTAL POINTS SCORED 50 47 10 9 SupportlTraining Training Sharon L'Herrou, Police Department 10 strong options for training/ support local offices 9 Customer Support Captain Jeff Goldman, Police Department 10 experience FL 7 Public Relations Campaign Sergeant Richard Jacobson, Police Department 9 strong Florida presence 8 Randall Krejcarek, City Engineer 8 no FL office might in near future 7 Milena Walinski, Assistant Finance Director 9 most FL customers & experience 5 TOTAL POINTS SCORED 46 36 MAXIMUM TOTAL POINTS: 466 390 AVERAGE TOTAL POINTS 93.2 78.0 MINUTES OF AUTOMATED RED LIGHT ENFORCEMENT SYSTEM MEETING HELD ON MAY 8, 2009 FOR BID #2009-27 In attendance: Patsy Nadal, Purchasing Manager Sharon L'Herrou, Police Department Captain Jeff Goldman, Police Department SELECTION Sergeant Richard Jacobson, Police Department COMMITTEE Randal Krejcarek, City Engineer Milena Walinski, Assistant Finance Director Carole Pierpont, Executive Asst., Parks & Recreation German Medina, Redflex Pete Cuccaro, American Traffic Solutions Brad Swanson, American Traffic Solutions Harvey Oyer, American Traffic Solutions Andrea Cuccaro, American Traffic Solutions Rev. Waymon Dixon, St. Paul AME Church Clifford Wright, WCT Sharon L'Herrou started the meeting at 10:05 AM on May 8, 2009. Ms. L'Herrou introduced the selection committee. After advising that Gatso would not be able to attend this meeting, Ms. L'Herrou had Captain Goldman pick a name from a bowl to determine which company made their presentation first. American Traffic Solutions (ATS) was chosen. Patsy Nadal advised Redflex and ATS that their presentations were limited to 10 minutes, and that, during and after the presentation, committee members were allowed to ask for clarification. Vendors would be allowed to ask for clarifications after the end of the meeting. German Medina stood and advised the group that Redflex was withdrawing from this bid. Mr. Medina indicated Reflex was a public company, and state legislation which had not passed last week effectively prohibits Redflex from doing business in the state of Florida. Mr. Medina indicated a formal letter would be coming to the City of Delray Beach from Karen Finley, the president of Redflex, and he hoped things would change in the future. Mr. Medina then left the meeting. Pete Cuccaro, the Senior Business Development Manager of ATS, indicated he disagreed with Redflex's conclusion regarding the legality of their operation in Florida, saying former Attorney General Charlie Crist had differentiated between State Statute 316 citation and local ordinance violation, adding that Redflex was a reputable company. Mr. Cuccaro then introduced the other ATS members in attendance, and gave a presentation to the Selection Committee. Their mission is first and foremost public safety, then no capital outlay and to generate revenue. ATS is a 2 privately held U.S. owned company with American-made equipment which means revenue made in a U.S. county stays in a U.S. county. Their process is in accordance with IACP (International Association of Chiefs of Police) U. S. Division of Standards. In Florida ATS serves more population than all other vendors combined. They process over 900,000 incidents per month. ATS has the most experience in Florida and they have 7 locations in Palm Beach. They are the only company in Florida that can provide audio and encrypted date and time stamped video which makes for better crash reconstruction. ATS has the highest resolution camera in the industry, Axsis TC-16MP. This is a variable strobe flash light that takes advantage of the ambient light that already exists and only flashes the light that is necessary to get the photograph. The size of the actual camera is no bigger than a laptop and fits in a 20" X 18" X 20" enclosure which is weatherproof, vandal-proof and has remote lens focus capability. The camera can capture multiple simultaneous violation images, with a separate "A" and "B" shot for each violation, and has integrated real-time encryption. It uses a single camera image so there is no question as to the origin. They also refined the red light cameras for Florida because of inclement weather. Their system is Internet secure, has never been hacked and no virus has ever been introduced. If all goes well, ATS could be operational within 30 days of permit. There would be no capitalization by the City of Delray Beach; ATS would do everything with no hidden fees. Sharon L'Herrou noted that ATS, in their bid, had expressed concern about the bond. Pete Cuccaro responded that ATS would work with the City. Ms. L'Herrou asked if the flash would be disruptive to drivers. Mr. Cuccaro said there was no blinding issue, but jurisdiction needs to be responsible to check and see if a visor is necessary. Ms. L'Herrou asked for clarification on the public records request process. Mr. Cuccaro said Florida is a public records state. Ms. L'Herrou asked if ATS did a survey prior to implementation. Mr. Cuccaro said they did. Ms. L'Herrou also asked about the scheduling for the traffic magistrate. Mr. Cuccaro said the first question to a citizen protesting a citation should be if they have seen the video of the incident on Internet. If a citizen chooses to appeal a citation (about 70o are resolved via online payment), ATS would coordinate scheduling with the designated City employee and the magistrate. Ms. L'Herrou asked about signage. Mr. Cuccaro said that could be built into the contract. Ms. L'Herrou said, in checking references, the City of Port Richie said they were under a confidentiality clause, but had rebid and gone with another vendor. Mr. Cuccaro said he thought Port Richie had built their budget around the first year revenues. Then, when there was a transition between managers, the new manager wanted a new bid, on which ATS bid unsuccessfully. Captain Jeff Goldman asked where in south Florida ATS will open a fully staffed full service center; he was concerned about having a local contact. Mr. Cuccaro responded there are 3 possible locations - one in the tri-county area, probably Broward County, Tampa and Jacksonville. A decision will be reached within the next few weeks as to whether it will 3 be 1, 2 or all 3 locations. When Captain Goldman asked about computer monitors, Mr. Cuccaro said the City of Delray Beach already had computers but that ATS would provide the software. Mr. Cuccaro also said he was on the agenda for Palm Beach County Chiefs Association to talk about mutual aid. Milena Walinski asked about the impact on City staff. Mr. Cuccaro said the impact on the Finance Department was estimated to be about 15 hours a month. There is a 4 hour block of instruction necessary prior to implementation. He said ATS takes all collected funds from their bank and sweep it into the City's account on a weekly basis. On a monthly basis ATS invoices the City for that amount they have already forwarded you for their share. Randal Krejcarek noted that ATS had said there were no DOT (Department of Transportation) permits required, but ATS indicated they wanted to place a pole in what was a DOT right-of-way. Mr. Cuccaro said they were not in the DOT right-of-way and, because of the high resolution of their cameras, they could be further away and get a bigger angle. If that issue arises, they would use a different approach. Mr. Krejcarek asked if ATS would be able to start up within 30 days after receipt of Notice to Proceed if they had to first obtain permission from private property owners. Mr. Cuccaro said they could proceed 30 days from the time the permit is issued. Mr. Krejcarek clarified that it would be 30 days after ATS got the easements. Mr. Cuccaro said ATS had a lot of success in dealing with private property owners. Brad Swanson added that private property owners are usually eager to help, and it's only a one page document with one signature that is required and recorded the same day. Mr. Swanson said the closest resolution camera to ATS is 11 megapixels as opposed to their 16 megapixels, so ATS can move further away than any other company. Ms. L'Herrou said the City of Delray Beach specified in their RFP that we did not want any vendor going out to property owners without our knowledge or permission. Mr. Krejcarek asked how many citations per month could be expected, based on their experience with a similar sized city. Mr. Cuccaro estimated 100 violations per month with 5 intersections, 10 cameras and 35,000 vehicles for an approximate revenue of $1.6 million with 800 of that going to the City of Delray Beach. Mr. Krejcarek asked about the protective devices. Mr. Cuccaro said their equipment had anti-blooming ability which means the camera can read a license plate through a cover. Mr. Krejcarek asked about the fee structure. Mr. Cuccaro said the City could probably expect to see 80o when thresholds are met. When Sergeant Richard Jacobson asked if ATS provides assistance with picking the intersections, Mr. Cuccaro said the City picks the intersections. Mr. Krejcarek asked if equipment could be moved. Mr. Cuccaro said equipment could be moved or added. Sergeant Jacobson asked if we had real time access to backing it up. Mr. Cuccaro said ATS is the only vendor that can do instant recall up to 60 days. After 1 year, it goes on the mainframe for up to 5 years. Mr. Swanson pointed out 4 that because the City owns this as electrical property, we don't need a court order to get this. Captain Goldman asked about live pursuit and was told it was possible as long as we had mutual aid. When Captain Goldman asked if increased activity for ATS would affect their timeline to the City of Delray Beach as a customer, Mr. Cuccaro said that was another reason they wanted a south Florida center. And, as a large company, they were moving a lot of equipment into south Florida now. Mr. Swanson added that electrical engineers, surveyors, contractors, traffic engineers, and the building department for municipalities were all hired locally. Mr. Krejcarek asked if ATS was allowed in Palm Beach County rights-of way. Mr. Swanson said yes, they are. Ms. L'Herrou asked if the ranking sheets were public. Ms. Nadal responded yes, and advised the Selection Committee that their ranking sheets needed to be turned in to Ms. L'Herrou before they left. Ms. L'Herrou reminded the Selection Committee that they were only ranking Gatso and ATS. Gatso was unable to attend the meeting due to airline delays but still wanted to be partners with the City of Delray Beach. Qualifications were discussed first. Ms. Walinski remarked that Gatso had excellent equipment but had never done the whole thing from beginning to end. Ms. L'Herrou agreed with Ms. Walinski, adding that 2 of the 3 references she checked on Gatso did not have contracts with Gatso but with ACS, who was partnered with Gatso. Gatso only supplied the equipment. Ms. L'Herrou felt Gatso lacked experience. Mr. Krejcarek asked about financial stability. Ms. Walinski said it appeared that Gatso's financial reports were Australian but that she did not have a chance to look at ATS's. Ms. L'Herrou said all the companies had an outside auditor report that the company was stable. Captain Goldman asked if Gatso had any references in Florida. Ms. L'Herrou said no, the closest were Illinois, Washington, D.C. and Dallas. However, Washington, D.C. has now gone with ATS. Ms. L'Herrou said she was impressed that ATS noted we were referencing the wrong IACP standards. References were then discussed. Ms. L'Herrou said Aventura and Pembroke Pines only had very good things to say about ATS. The only ATS reference that did not have glowing things to say about ATS was Port Richie. Port Richie had a confidentiality clause and they said they rebid it and went with a different vendor. She had also spoken to Apopka, who gave ATS a glowing reference. The Illinois reference for Gatso had very good things to say about them. The other 2 references listed for Gatso were not Gatso customers. One of those references has since changed to ATS. Next discussed was implementation timeline. Ms. L'Herrou noted this was a highly variable category, and all vendors had hedged on the timeline, in part due to permits. Mr. Krejcarek pointed out there was different terminology used so it was difficult to determine when to start the timeline. 5 The revenue cost package was discussed. Ms. L'Herrou said Gatso had submitted $4,000 per month plus $7 per citation. She also said the more citations you have, the better the fixed rate is for you. Mr. Krejcarek asked about the "shelf life" of the cameras and upgrades. Ms. L'Herrou said that upgrades were included in the RFP. The RFP had asked for fixed and percentage. Tiered was slightly less attractive because it's 4 levels per camera per day which gets confusing. When Ms. Walinski asked how the financial aspect was going to be handled, Ms. L'Herrou said she thought that it was going to be handled the same as all other City revenue, i.e. all money will come to the Finance Department to be processed, deposited and reviewed. Ms. Walinski pointed out that staff was shrinking. Captain Goldman said the important part is stopping the red lights and the traffic hazards and, if it generates revenue, see if City Commission thinks it's worth it to hire someone to do it. Mr. Krejcarek asked if citizens would have the option to pay at the police station or at City Hall. Ms. L'Herrou said it had not yet been decided and did not know who had the authority to make that decision. She said some cities turned everyone away, instructing them to pay online, some accepted payments in person and some had a kiosk which allowed people to make their payments online. She also said she had received an indication from City Hall that we are moving forward on this. Technology was then discussed. Mr. Krejcarek said the simplicity of the technology was important, and that ATS seemed to be more non-intrusive. ATS gave a resolution of 16 megapixels, but Gatso used different terminology so it was difficult to compare. Mr. Krejcarek said he did not see the time stamp on the video from Gatso. Ms. Walinski asked about backup power supplies and who pays for them. Mr. Swanson said the person pulling the permit is the person doing the installing. Captain Goldman asked what happens if the power goes off. Ms. L'Herrou said they can filter the parameter for citations for that period. Violation processing was addressed next. Ms. L'Herrou said both vendors met the criteria. Lastly, support and training was discussed. Ms. L'Herrou said she felt the company with the most experience and the most experience in Florida would provide better support and training for the City. She felt ATS was really strong in that area. Mr. Krejcarek noted that both companies provided support 24/7. The Selection Committee completed their ranking sheets and turned them in to Ms. L'Herrou. The score was 93.2 for American Traffic Solutions (ATS) and 78 for Gatso. The meeting was adjourned at 11:45 AM. Ref:redlitmin Clo~ia-up from violdtiorr E~~rg -the camera is activated when,, a vellic,le ent~ts the interseC#iot~ IkF7"~R the traffic signal has tr~rned red. "the carncra faire a series of two images to docurrient the viQlationb L,h~ viaiation is then mailed to the rsgist~red~;~wner' oi~f~e vehicle. Firs# it~t!age; Secorl' _ -~--~. Th"e first shot is capfuced frq~~e rear showjng: ttZe sc.Qne of, the violation inclu~iny ahe back of the violating vf:>hiCie iii front of the st"op line; one or more visit5le red tigiif signals. Imag+a ~ Before Shot of Violation; Second Image ~= Shy uvhiCiB :in ~IRt"gleac~ifb The seCOnc1 shat ist aiso captured from the rear showing; the scene of tine violation includ- img ~ttaeback of the vioia~ting v~hfcle after tf7 rear axle has crossed the stop line and ~11e vehicle. has Jllegai[y enCered~ the inteYSection; one ~r rnore visible red light signals. Q American Traffic ~oitrtions 200f? ~,1~ 5e Ut7f: r A magniSied' ' prop'' ,of fti license plate is created; from orte of the two ir~C~ ages r -h, American Traffic Solutions"" Delray Beach, Florida ~ ~iil~~ 7 I Automated Red Light Enforcement System Response to RFP No. 2009-27 April 13, 2009 =~ ti ~` ~ :P~~{; ~;{ r, ~' E7ELRAY BEACH RFP SIGNATURE FORM ~il~-~.~~ ~. 1 I " PLEASE AFFIX 31GNATURE WHERE WD[CATED (FAILURI~ TO DO SO SHALL Bf CAUSE ti 993 ~ FOR REJECTION OF YOUR PROPOSALy aoo~ RFP No: 2U09-2T O eMn Date: Monda A r!! T 3 20Q9 RFP TITLE: Automated Red Llght Enforcement S„~rstem GOMPANY NAME: American Trai#ic Solutions, Inc. DATE: 4/10/2009 NAMF/TlrLE: Adam E. Tuton, Executive VPICOO ADDRESS: 7681 E. Gray Rd. CITY Scottsdale STATE ~ Z1P GODS 85260 FEDERAL rAX l.D. #: 48 - 1114931 TELEPHONE: (a6o } 443-7000 FACSIMILE (_aao ) sss-45o1 ~`5lGNA TURF VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CpNTACT NAME: pets Cuccaro TELEPHONE: 305 } 763-1127 `~ RFP No, 2009-27 3 I American ~.. ~ ~~ . _ ~ Traffic Solutions" April 13, 2009 City of Delray Beach Purchasing Office 100 NW First Avenue Delray Beach, Florida 33444 ~ ~ ~°,~ '~ ,~ ~ i 71 , ~ y(an "~ i.l i ~ , f ! , .{{,, r' r i ~ ~ ~ 1 ,~1~ s ~ ~ ~ r r.4 ~T , ~ ~ ~ ~~~ ~ ' .. ~~ ~ ~~~ u -~ 5 ,_ it ~ w Re: Response to Request for Proposals for Automated Red Light Enforcement System - RFP No. 2Q09.27 Dear Members of the Selection Committee: American Traffic Solutions, Inc, (ATS) is pleased to present our response to the City of Delray Beach's Request for Proposals for an Automated Red Light Enforcement System. We are excited about the opportunity to present our response, which includes an unmatched end-to-end, turnkey solution, leveraging a combination of experienced people, cutting edge technology and proven skills required far a successful program in Delray Beach. `~.,_. Since introducing our latest suite of red light cameras and fully web-enabled violation processing systems in 2005, AT5 has been selected over other vendors by almost 70 percent of the U.S. cities that issued competitive procurements. These wins include the majority of the U.S. and Canadian major cities, including: New York City; Philadelphia; Washington, D.C.; Arlington County, VA; Kansas City; S#. Louis; Memphis; Houston; Ft. Worth; Phoenix, Tucson, Scottsdale and Mesa, AZ; Seattle; Spokane; Pueblo; San Diego; Catgary; Edmonton; New Orleans and Baton Rouge. Most Florida Experience ~~~ ~~"~ .._.__._____ _.__. __._ j ATS oNers more direct, relevant experience delivering and operating red light camera j programs in Florida than any other company. ATS currently has 34 awards/contracis and 32 operations! systems in the state of Florida (more than all other vendors j combined). l Importantly, ATS has been selected over other vendors by the majority of jurisdictions in Florida that issued competitive procurements, including Palm Springs, Royat Palm Beach, Apopka, Aventura, Bat Harbour, Brooksville, Casselberry, Collier County, Coral Gables, Cutter Bay, Doral, F! Portal, Florida Cify, Haverhill, Hialeah, Hallandale Beach, Hillsborough County Sheriff's Office, Homestead, Key Biscayne, Lakeland, Miami Gardens, North Bay Village, North Miarni, North Miami Beach, Ocoee, Opa-tacks, Patm Beach County, Palm Coasf, Pembroke Pines, Sunny Isles Beach, Temple Terrace, West Miami, West Palm Beach and Winter 7681 E. Gray Raad Scottsdale, Arizona 85260 TEL: 480.443.7004 FAx: 480.607.0901 www.atsaE.com www.redlightcamera.com www.platepass.cam .;,':' -t~ e letter to City of Delray Beach April 13, 2449 Page 2 Springs, The following summarizes our proposal response and the qualities that have led to the program's acceptance and success: Firm Qualifications ^ Experience and Performance: ATS operates the majority of the nation's largest photo enforcement programs, generating and processing substantially more red light and speed camera violations than any other company in the United States. Our red light and speed cameras generate and process more than 900,t)t7ff1 violation incidents every month, which is more than 30,ODD violation incidents per day. ^ Commitment to Florida: Only ATS has actively worked with the State legislature in Tallahassee to help enact enabling legislation to benefit our current and prospective customers. ^ Qualified Florida Project Team: ATS has assembled a lop team of seasoned experts, including project managers, a construction manager, installation coordinators, design and engineering staff, and field service technicians in Florida. Our local Florida project team shawl that we are 100% committed to providing the best service to Delray Beach. ^ South Florida Service Center: ATS will open a fully staffed service center in South Florida. Our large and growing Florida customer base enables ATS to make this large financial commitment. ^ Proven Delivery Capability: ATS has successfully installed photo enforcement programs on an accelerated basis throughout the U.S. Additionally, ATS has installed and operates the most red light camera programs in Florida. We have the most proven technology capabilities and project management experience in Florida, with FDOT, and the most experience implementing red light camera programs in Florida than alt the other vendors combined. ^ FDOT Experience: ATS is the o~ vendor that has more than one operational system that monitors an FDOT right-of-way. ^ Financial Strength: ATS is a privately held company and operates some of the largest red light and speed camera programs in the United States, all of which are multi-year contracts spread across the country. ATS' photo enforcement business is also diversified through toll road related business solutions, In the third quarter of 2008, ATS cample#ed a private equity financing with Goldman Sachs, making them a minority investor in the company, The purpose of this transaction was to provide additional growth capital for ATS' rapidly expanding business as well as to bring on a value added financial partner. ATS is proud to have Goldman Sachs as its partner. ^ American Firm: ATS is a U.S.-based 104% American-owned com an and offers American-made and American-supported systems. RevenuelCost Packa e ^ Pricing and Value: ATS offers a cost neutral pricing structure which ensures that fees paid to ATS will never exceed the City's revenue generated by the program. Our proven ability in the unique environment of Florida and nationwide to capture the most violations will results in the greatest improvement in public safety and the largest amount of revenue retained by the City, ReferenceslCustomer Satisfaction ^ References: Our customers enjoy tremendous success in all levels of public acceptance, performance, and reducing red light violations, collisions and associated fatalities, ``" From Seattle's outreach program: Letter to City of Delray Beach `~-:1 April t3, 2009 r ,~ Page 3 Our program is being called a great success by our local media and community members. Whenever we attend a meeting we do not hear complaints, but rather "When can we get one jRLC] in our neighborhood'" -Officer Dean Shirey, Seattle Police Department The City of Seattle ran aone-year pilot program with six cameras. The success of that pilot led to an expansion of 24 additional red light sites and a speed program. In the Ciry's year-end evaluation report to the City Council, they said the following about our services: Professional Staff. ATS professional staff has exceeded our expectations in almost every respect Two highlights include the manner in which the vendor developed a custom approach for exchange of data with the Seattle Municipal Court staff, and the willingness of ATS to tailor its Axsis statistics! reporting package in response to suggestions for improvement from the City. fn the latter case, ATS altered report design to a!!ow the client to separate out "non-event" camera trips from valid rejections; this allowed calculation of a true rejection rate without hand calculations. !n another case, ATS developed a report to allow the client to tally violations by type (right turns, left turns and straighf through violations). All of this was done at vendor expense. ATS implemented Baton Rouge, Louisiana's red light photo en#arcement program in February 2008. ATS won the bid after a 30-day full system comparison challenge against Nestor. Lt. Gary Traylor of the Baton Rouge Police Department expressed his appreciation for the quality of ATS' camera system: ~ "The more l see our numbers and quality, l am positive 1 chose the right vendor." ~ ._ ___ ATS currently operates the red light and speed camera program in Gallatin, Tennessee and has been since July 2046. Below is a testimonial #rom Chief John Tisdale of the Gallatin Police Department: -v..________-__ __........_ --..--.____.._ ____._---_.~___..~____ .. ...... -------__._._.__._ _ _. "Red light cameras are a great too! to stretch manpower. They're efficient, save money, and out there 24/7. I'm so happy with the system !'madding two more intersections." "ATS has great options for how to fund systems. They make it so easy. There's no excuse not to have a system. And ATS has the best customer service in the industry. I'm tickled fo death with the system." Im lementation Time Line ^ Assuming close coordination between AT5 and the Giry, ATS is able to have the first intersection fully operational within 30 days of permit approval. Technalacty ^ Non-Invasive Vehicle Defection: ATS is the o~ vendor that of#ers and has extensive experience wish two options for noninvasive vehicle detection, including virtual video detection and "wireless" vehicle detection technology. The non-invasive detection solutions enable installation without trenching, boring or saw-cutting the road surface. I Letter to City o6 Delray Beach April 13, 2009 Page 4 ^ Non-Invasive Signal Detection System: ATS has proven its capability to operate a signal detection system that does not require connecting to the traffic signal; it is completely non-invasive. This technology takes years and a substantial economic investment to develop. This enables ATS to immediately enforce on State roads (FOOT approaches), as we are in Aventura, Pembroke Pines and Miami Gardens. No other vendo- has proven Florida experience and expertise with this technoloav. ^ Camera Quality; ATS proposes to install its Hewes#, next-generation 16•megap!ixel single-camera system. The Axsis;"' TC-ifiMP is now the world's most advanced, highest resolution photo enforcement camera system available in the industry. The staggering 16-megapixel camera offers 25 percent more resolution than any other vendors'technology. [License Plate Panlally Concealed] ^ Video Capacity: The AT5 system includes a 24/7/365 live, online, IP-addressable color digital video surveillance and recording system. It enables real-time traffic viewing, "instant recall" and full data retrieval of recorded ~'-' video for up to two months. This exclusive technology helped catch a freeway killer in California, and another in Texas, even though no red light violation occurred. Recently, the Gallatin, Tennessee Police Department used our video system to capture a pair of suspected thieves. AT5 is the only vendor with proven performance of this technology. ^ Cooperative Live Viewing: The City of Delray Beach and our other clients around Delray Beach, such as Palm Beach County, Palm Springs, West Palm Beach, Haverhill and Royal Palm Beach, with proper permission, can utilize our 24/7/365 live, online, IP-addressable color digital video surveillance and recording system to cooperatively monitor each other's intersections. This is a very powerful law enforcement tool for the City of Delray Beach. ^ Wireless Technology: Wireless technology results in faster implementation and repair, less environment intrusion, and fewer dependencies on outside agencies for implementation. The ATS system offers wireless technology in three key areas: Violation images and data will be collected using an EVDO wireless network connection, eliminating the waiting period for traditional telecommunications provisions during the project implementation phase. Wireless reboot: Any component inside the ATS red light camera control system can be powered on and off wirelessly, eliminating the need for on-site manual re-boot and resulting in reduced downtimes and increased repair and service levels ° Our newest vehicle detection system speeds up the installation and maintenance processes. Each lane can be installed in less than 15 minutes. No trenching, boring, or condui# runs are required -less permitting and construction. ^ Issuance Rate: ATS leads the industry with Citation Issuance Rates aver 96%. Our program in Apopka, Florida has a 97% issuance rate, and Aventura, Florida has a 98% issuance rate. Other vendors will suggest their rate is as high or higher; however, they subtract "Plate, Signal, and Vehicle obstructions" from their calculations, Our taller installation, higher quality camera, and proven imaging ability to capture simultaneous violations results in more citable images captured and issued. Our leading issuance rate, along with our much greater camera Sample Violation Images Captured by ATS Single Camera System ' :~a ,,~r"' , . ,~, Letter to City of Delray Beach April 13, 2009 Page 5 resolution and ability to capture multiple simultaneous violations will provide the City with the greatest improvement in public safety as well as the greatest financial return. Highest vlal8trons YrOCesSea ATS staff process over 900,000 event touches every month from ifs cameras installed across the country. This represents the highest number of events processed by any vendor in the industry. ATS has never had a court overturn a violation for capfuring the wrong vehicle. Additionally, we handle more than 35,000 customer calls each month, which is also the highest in the industry. Physical Equipment ^ Camera Placement Flexibility: The overall design and ultra-high resolution imaging enables camera placement several feet higher an the pale and farther back from the intersection than any other system, These two unique benefits deliver a broader and deeper intersection view resulting in higher levels of detection, imaging and collection rates. This flexible camera placement feature also responds to differing environmental circumstances and customer's aesthetic requirements. Other vendors now claim to offer this feature, but we have not seen one example where this flexible design has been successfully deployed by any other company. This flexibility is especially beneficial to Delray Beach because it enables enforcement on F~QT approaches where the vendor is prohibited from installing any equipment in the right-of-way and is required to install all system components on adjacent City or private property. ^ Camera System Aesthetics: The ATS system offers the smallest and most unobtrusive camera system available in the industry. The flexibility and resolution of our camera enables the system to be set back substantially further from the intersection clut#er, and utilize a pole that is several feet taller than any other vendor. This flexibility delivers higher performance and a smaller footprint. The new AxsisT"' camera enclosure design is mare compact and more aesthetically pleasing than any offered system. The new camera housing combines the video and digital cameras in a sleek, architecturally interesting modern design that contributes to the streetscape in any city. This aesthetic and unique design allows for easy maintenance and installation as well as long term trouble free equipment security. Additionally, the new enclosure maintains its NEMA grade qualities enclosure, and re#ains a minimal glass front feature for enhanced vandal-resistance. Once again, ATS has proven that it has the smallest footprint in the industry and also the hest looking industrial design possible with absolutely no requirement for roadside cabinetry. Violation Processing AxsisT"' RLC-300 Camera Housing ^ Police Review: The ATS on-line, fully web-enabled Police Review System enables the Delray Beach Police or administrative personnel to efficiently review violation event images and approve violations in less than 20 seconds using an ATS-provided computerlworkstation with a secure Internet connection, ^ NLET5 Partnership: ATS was the first photo enforcement solution provider to be approved by the National Law Enforcement Telecommunication System (NLETS) as a recognized "Strategic Partner." NLETS provides registered ownerlvehicle information for all 50 states and Canadian Provinces. ^ Secure System: The ATS application and Data Center security systems have been audited by a number of independent organizations far physical antl logical security, The latest certifications were performed by Cendant `" Gorporation (Avis and BudgetJ, NLETS (National Law Enforcement Telecommunications 5ystem), the California DMV and U5 Bank, rfi'~ f ,. ~.. Letter to City of Delray Beach April 13, 2009 Page 6 • Multi-Level Review: ATS has three levels of citation review. In those instances in which the violation review escalates to a supervisor review, a fourth level of review is provided. ^ ATS Processing Center: ATS provides the best processing center in the industry with 170 languages supported, the shortest call answer times (95% of calls are answered in less than 30 seconds), widest service hours (our call center hours are Monday through Friday, 8:00 a.m. to B:00 p.m. EDT), most live operators (approximately 200 processorsloperators), most knowledgeable and well-trained call representatives, most responsive client service liaisons and best on-time services. The ATS Call Center is currently staffed with experienced multi-lingual personnel. ATS provides live customer service agents who are trained to deal with every type of caller with any issue related to the violation and program. ATS recognizes that in our business, cultural sensitivity is vital. AT5 recognizes that dialects and accents vary from region to region. Because AT5 operates all over the U.S. and has extensive experience dealing with Spanish speaking constituencies who originally came #rom all over Latin America, Cuba, and the rest of the Caribbean Basin, ATS' multi-lingual customer service representatives are specifically trained to speak Neutral Accent Spanish. ReportslAnalvsis • Reports: Real-time reports can be easily accessed `" and downloaded by City authorized personnel to assist in moniroring and measuring the effectiveness and efficiency of the photo enforcement program, Alternatively, ATS can electronically transmit reports to a distribution list as requested by the Ciry. SUpportlTraining ^ Training: ATS provides a range of hands-on and video conference training and refresher courses and will ensure that all users are property trained in all relevant aspects of the systems and program, ^ 24 x 7 Service: ATS has field service technicians in Florida and locally stationed bucket trucks an call on a 24 X 7 X 365 basis. Our automated electronic watchdog program allows our technicians to remotely maintain our fixed camera systems. Our 24 x 7 service will ensure that all systems are repaired and operational immediately. Exceptional Leve! of Customer Support i !, With the combination of people, processes and Coals, A TS provides an exceptional ievei of customer support fha ~ focuses on the quality of the end product, as wet! as maximum operational uptime, of every system we provide. AT5 Call Center ;~; '~Yf' ~. Lefler to Ciry of Delray Beach April 13, 2009 Page 7 ^ AT5 will also develop an informative and effective Community Outreach, Awareness and Education Program that ensures a successful red light enforcement deployment. The program will seek to position the City as commi#ted to the safety of the community and dedicated to reducing preventable collisions at red light intersections. Contact Person during Proposal Evaluation The authorized representative for this project is Mr. Pete Cuccaro, Senior business Development Manager. He can be reached at: Address; 14005 SW 104 Court, Miami, Florida 33176 Phone: (305J 783-1127 Email: pete.cuccaro~atsol.com We thank you for the opportunity to submit this response. We are confident in our business, our people, our technology and our proven program management disciplines. We offer an impressive professional team which brings relevant and fresh ideas and proven solutions based on successfully serving clients throughout the United States and the World. We are enthusiastic about the opportunity #o deliver a solution that will Focus on Safety in Defray Beach! Sincerely, American Traffic Solutions, Inc. Adam E. Tuton Executive Vice PresidentlCOO s. ~ ~ ~ ~ 'f ~ I i I~ ~II~_N ~ I~ ~ ~ i~ I of 't ~ ~~. 1}tf ~ - -~-~~ ~,~,a~ Response to: RFP No. 2009-27 `-" April 13, 2009 American Traffic Solutions"" L7 American Traffic Solutions 7681 East Gray Road Scottsdale, Arizona 85260 ~ 480.443.7000 480.607.0901 © www.atsol.com a wuvw.redli htcamera.com i ~ ~Sii, nut i _ l ~ Itk -te 1 l J.' .. ,.. ~~~ ~"~ rtw.ll ~''C:Y Ft71th ~ l if`i'~i ~~ ' ~ i ~ 11. ~ 1 LI t -?t - ted Red: Llght Er~fw'rlt 8' ~ , RFP~N+~: ` . ~ 27 TABLE QF GQNTENTS 1. VENDOR QUALIFICATIONS AND EXPERIENCE ............................................................................1 1.1 EXPERIENCE PERFORMING SIMILAR WORK .........................................................................1 1.2 CLIENT LIST .................................................................................................................... ..1 1.3 DEMONSTRATED COMPETENCE ....................................................................................... ..2 1.4 FIRM STRENGTH AND STABILITY ....................................................................................... ..2 1.5 WORKLOAD AND STAFFING CAPABILITY ............................................................................ ..3 1.6 ABILITY TO MEET SCHEDULES ON SIMILAR PROJECTS ....................................................... ..3 1.7 IACP COMPLIANCE ......................................................................................................... ..3 1.8 FLORIDA EXPERIENCE ..................................................................................................... ..3 1.9 REFERENCE TIME LINES .................................................................................................. ..4 1.10 OPERATIONAL CAMERA LOCATIONS ................................................................................. ..4 1.10.1 Apopka ......................................................................................................................5 1.10.2 Aventura .................................................................................................................. ..5 1.10.3 Broaksville .................................................................................................................5 1.10.4 Casselberry ...............................................................................................................5 1.10.5 Collier County ............................................................................................................5 1.10.6 Miami Gardens ........................................................................................................ ..5 1.10.7 Palm Coast ................................................................................................................5 1.10.8 Pembroke Pines ........................................................................................................5 1.10.9 Port Richey ................................................................................................................ B 1.10.10Temple Terrace .........................................................................................................6 1.10.11 Winter Springs ..........................................................................................................6 1.1 1 TURNKEY PROGRAMS .......................................................................................................6 1.12 SYSTEM OPERATIONAL IN U.S. CITY ..................................................................................6 1.1$ PROTESTS, SUITS OR OTHER LEGAL ACTIONS BY ATS AFTER VENDOR SELECTION ..............6 1.14 PROTESTS, SUITS OR OTHER LEGAL ACTIONS AGAINST ATS ...............................................6 1.14.1 Protests .......................................................................~--...........................................6 1.14.2 Lawsuits .................................................................................................................... 6 2. REFERENCES .........................................................................................................................7 2.1 TOLL-FREE NUMBER AND FLORIDA OFFICE .........................................................................7 3. FINANCIAL STATEMENT ........................................................................................................... $ 4. RESPONSE TO TECHNICAL SPECIFICATIONS ............................................................................. 9 4.1 RED LIGHT CAMERA SYSTEM .............................................................................................9 4.1.1 Best Solution for the City ...........................................................................................9 4.1.1.a Single Camera Standard .........................~--~--.....................................................9 4.1.1.a.1 AxsisT"' TC-16MP Digital Color Traffic Camera -The Newest Technology Advancement ............................................................................................................... 10 ©2009 American Traffic Solutions, Inc. Page i _-- -___-.___.,_ ..__.~...._.___.._._...-----------------____-_.__W__~ _.__Y.___-_-___.-__,___.._..__.____-.__ April 13, 2009 l ~ ~f I ~. +S~W..i - ~ I 11 lhl ~~. ~ I 11 _. I 1 ~ I' 1 ~y~l a ~:'ISI l71 ~!r ~.; (~-0'nlill JI ~ 1 ~ l i II I I 1 ~ m. .... , ., -~' 'Idil~rl{t,~I tJr-a I a I ,a,lr ~ ~~~~ '~ ,.~~ F F d oma#ed Retl UghtEnfarc~ment S,pei~"' - - ~r lMt7.2~9-27 ... :,- '. ~~ ., ~.. . ~, , . I 4.1.2 Equipment List .........................................................................................................10 4.1.3 High Resolution Digital Camera System ..................................................................12 4.1.4 Statistical Data ........................................................................................................12 4.1.5 Operating Conditions ...............................................................................................12 4.1.6 Connection to Red Phase Signal .............................................................................12 4.1.7 Three Digital Color Still Images ...............................................................................12 4.1.8 Violation Viewing by the City ...................................................................................13 4.1.9 Violation Data Captured ..........................................................................................13 4.1.10 Data Bar Requirements ...........................................................................................14 4.1.11 Security of Evidence ................................................................................................14 4.1.12 License Plate Covers ...............................................................................................15 4.1.13 Reflective Material on License Plates ......................................................................15 4.1.14 Video Surveillance System ......................................................................................15 4.1.15 Imaging Unit's Operation .........................................................................................16 4.1.16 On-Site or Remote Activation and Maintenance Support .........................................16 4.1.16.a Remote Activation ........................................................................................16 4.1.16.b Remote Monitoring Processes ......................................................................16 4.1.16.b.1 Automated Maintenance Online Monitoring System .................................16 ~~- 4.1.16.c Image Review ...............................................................................................17 4.1.1B.d Remote Diagnosis and Correction ................................................................17 4.1.17 Permits ....................................................................................................................17 4.1.18 Self-Test ..................................................................................................................17 4.1.19 Maintenance ............................................................................................................18 4.1.19.a Plorida Service Center ..................................................................................18 4.1.19.b Emergency Repairs ......................................................................................18 4.1.20 Identify and Debug Malfunctions .............................................................................19 4.1.21 Vehicle Detection Methods ......................................................................................19 4.1.21.a Laser/ Lidar Radar Detection Disadvantages ................................................19 4.1.22 Vehicle ^etection Methods ......................................................................................19 4.1.22.a Video (Vehicle) Detection .................~...........................................................20 4.1.22.b Wireless Vehicle Detectors (Optional) ..........................................................21 4.1.22.c Comparison of Detection Systems ................................................................21 4.1.23 Tamper Proo# and Vandal Proo# Enclosure .............................................................23 4.1.24 Small Enclosures .....................................................................................................23 4.1.25 Simple and Quick Maintenance ............................................................................... 24 4.1.26 Installation and Construction Time Frame ...............................................................25 4.1.27 Multiple Lanes of Enforcement ................................................................................ 25 4.1.28 Multiple, Simultaneous and/or Concurrent Violations ...............................................25 .~ 4.1.29 "Live" Intersection Monitoring ................................................................................. 25 ~ p2QO9 American Traffic Solutions, Inc. Page ii .~. __w_W.__._ - .. _.__ .-._.._._.~__..._..__.._.__~ ___,_ ....,_. _ . -..._-----___._..._._ _.~_ _ _. _..._.... --- .,~:~t~ ;: April 13, 2009 .~ omated Red, Llgh~ En~arraef»enf ,,~',. RFP Ho `009-27 4.1.29.a Examples of Customer Successes ............................................................... 26 4.1.30 Synchronized Operations ........................................................................................ 26 4.1.31 Least Infrastructure ................................................................................................. 26 4.1.32 Left and Right-Turn Enforcement ............................................................................ 27 4.1.33 Poles ....................................................................................................................... 27 4.1.34 Signage ................................................................................................................... 27 4.1.35 Billing and Collection System Process ..................................................................... 27 4.1.36 Fine Amount ............................................................................................................ 27 4.1.37 Program Costs ........................................................................................................ 27 4.1.38 Newest Technology ................................................................................................. 27 4.1.39 References from Operational Cities ......................................................................... 27 4.2 VIO LATION PROCESSING ................................................................................................. 28 4.2.1 Best Violation Processing System ........................................................................... 28 4.2.2 Vendor Processing Software ................................................................................... 2$ 4.2.3 Detailed View of Infarmation .................................................................................... 28 4.2.4 24 x 7 Access .......................................................................................................... 28 4.2.5 System Functions .................................................................................................... 28 4.2.6 Processing System .................................................................................................. 28 '~- 4.2.7 Mailing of Notices .................................................................................................... 28 4.2.8 Language and Format of Violation Notices .............................................................. 29 4.2.9 Notice Issuance Time Frame ................................................................................... 29 4.3 STATISTICAL ANALYSIS AND REPORTING SYSTEMS ........................................................... 29 4.3.1 Statistical Reports ................................................................................................... 29 4.3.2 2417 Operations Reports ......................................................................................... 29 4.3.3 Reports ................................................................................................................... 29 4.3.4 Violation and Traffic Statistics .................................................................................. 29 4.3.5 Prosecutable Image Rate and Traffic Count ............................................................ 29 4.3.6 Online Reporting and Monthly Reports .................................................................... 29 4.3.7 Monthly Report Details ............................................................................................ 30 4.4 IMA GE TRANSMISSION SECURITY AND DATA STORAGE ...................................................... 30 4.4.1 Image and Data Security ......................................................................................... 30 4.4.2 Enforceable Image Storage ............................................... 30 ...................................... 4.4.3 Evidence Package ................................................................................................... 30 4.4.4 Chain of Evidence ................................................................................................... 30 4.4.5 Expert Witness Testimony ....................................................................................... 30 4.5 MAI NTENANCE, SUPPORT AND TRAINING .......................................................................... 30 4.5.1 Maintenance Overview ............................................................................................ 30 4.5.1 . .a Proactive Maintenance ..................................................................................... 30 L 4.5.1 .b Online Access to Reports and Violations .......................................................... 31 p2003 American Traffic Solutions Inc. Page iii .... ., April 13, 2009 ```r, '~:~i'~~dltl~i~h,~, ~. ,*t?~i ,~IJ I. ~;r ii ~-t1~il `~I r ~ I itl~f't i amated Rsd Light.Entorc~mertt __ _ . - ~, , ~~~iFP Nb 7009.27 ' , ____ _ r.~-~rsalllr 4.5.2 Maintenance and Inspection Visits ..........................................................................31 4.5.3 Ongoing Training ..................................................................................................... 31 4.5.3.a Camera Technology and Photo Enforcement Lifecycle Course ........................ 31 4.5.3.b Photo Enforcement Overview Course .............................................................. 31 4.5.3.c Customer Service Overview Course ................................................................ 31 4.5.3.d Violation Processing Course ............................................................................ 32 4.5.3.e Cashier and Finance Course and Workshop .................................................... 32 4.5.3.f Court Training Course ...................................................................................... 32 4.5.3.8 Mock Review/Hearing/Trial Workshop ............................................................. 32 4.5.3.h Release ............................................................................................................ 32 4.5.3.1 Consultation ..................................................................................................... 33 4.5.3.j Users Conference ............................................................................................ 33 4.5.3.k Customer Support ............................................................................................ 33 4.5.4 Hands-On Training .................................................................................................. 33 4.5.5 Equipment and Training for City Staff ...................................................................... 33 4.5.6 Training Materials .................................................................................................... 33 4.6 OPERATIONS AND PUBLIC AWARENESS ............................................................................ 33 4.fi.1 Project Management Approach ............................................................................... 33 ~ 4.fi.1.a Site 5election ................................................................................................... 34 4.6.1.b Installation ........................................................................................................... 34 4.6.1.c Testing and Deployment .................................................................................. 34 4.6.2 ATS Team ............................................................................................................... 35 4.6.3 Proposed Time Line ................................................................................................ 35 4.6.4 City Staff Involvement .............................................................................................. 35 4.6.5 Public Education Program ....................................................................................... 36 4.6.5.a Ongoing Media Assistance .............................................................................. 37 4.6.6 Training for Presentations ....................................................................................... 37 4.7 FEES AND SCOPE OF WORK FQR PRICING ........................................................................ 38 4.7.1 Price Proposal ......................................................................................................... 38 4.7.2 Project Manager as Single Contact ......................................................................... 39 4.7.3 Intersection Design and Plans ................................................................................. 39 4.7.4 Installation and Maintenance ................................................................................... 39 4.7.5 Violation Processing ................................................................................................ 39 4.7.6 First Notice Preparation and Mailing ........................................................................ 39 4.7.7 Second and Final Notice ......................................................................................... 39 4.7.8 Notice Issuance Time Frame ..........................................~........................................ 39 4.7.9 Notice Processing Supplies ..................................................................................... 39 4.7.10 Information on Notice .............................................................................................. . 39 ~ 4.7.11 Online and Phone Payments ................................................................................... 39 02409 American Traffic Solutions Inc. Page iv _._.._..._ _.._.__p_..._ ~:~ ' Aril 7 3, 2009 4.7.11.a Other Payment Optian ..................................................................................40 4.7.12 Third Party Collection Service ........................................................ 40 .................... ..... 4.7.13 Haw Payments Are Made to the City ....................................................................... 40 4.$ ADDITIONAL INFORMATION ...............................................................................................40 4.9 OTHER SERVICES ...........................................................................................................40 APPENDIX A - AXSIST"" TC-16MP ..... 41 .................................................................................... ..... INTELLIGENT SUB-IMAGE SEGMENTATIONTM .............................................................................41 COMPACT MODERN AND ATTRACTIVE DESIGN BLENDS INTO ANY STREETSCAPE ........................42 FLASH SYSTEM ................................................................................. 42 .................................. .... APPENDIX B -SAMPLE INSTALLATION IMAGES 44 ........................................................................ .... APPENDIX C -SAMPLE VIOLATION IMAGES 49 ............................................................................. .... APPENDIX D -SAMPLE REPORTS ........................................................................................... .... 55 APPENDIX E -MAINTENANCE PLAN ........................................................................................ .... 61 DETAILED MAINTENANCE PRDGEDURES ............................................................................... ....61 Remote Monitoring Processes ........................................................................................ .... 61 Site CannectivitY ......................................................................................................... .... 61 Site Performance ........................................................................................................ .... 61 Trend Identification ......................................................................................................... ....62 PREVENTIVE MAINTENANCE PROCEDURES ........................................................................... ....62 Preventive Maintenance Activity Details ......................................... 62 ................................. .... Cleaning ........................... ........................................................................................... .... 62 Overall Site Inspection ........... 63 ..................................................................................... .... Power Tests ................................................................................................................ ....63 4nsite Repairs ................................................................................................................ .... 63 APPENDIX F -PROJECT TIME LINE .......................................................................................... .... 64 APPENDIX G - AX515TM VPS ............... 67 ................................................................................... .... VIDLATIDN LOADING AND IMAGE CROPPING .......................................................................... ....68 PLATE ENTRY ..................................................................................................................... ....6$ MOTOR VEHICLE REGISTRATION DATA ACQUISITIONINLETS CERTIFIED ................................ ....69 TYPE SELECTION ................................................................................................................ ....71 FINAL REVIEW ..................................................................................................................... ....71 POLICE REVIEW .................................................................................................................. ....72 NOTICE GENERATION AND MAILING ...................................................................................... ....78 BAD ADDRESS NOTIFICATION ............................................................................................... ....80 PROCES5ING SYSTEM MAINTENANCE ................................................................................... ....80 ATS CUSTOMER SERVICE ................................................................................................... ....BQ ATS Violation Processing and Call Center ...................................................................... ....81 Client Liaison .................................................................................................................. .... 81 APPENDIX H -RESUMES ......................................................................................................... ....83 1 4 I ~~~ ' <<a~il~il II 1, ~ ~ I~ 1 I A 1Ed ,Red;atight Fr~fiDfaft ©2009 American Traffic Solutions, Inc. Page v __ __...._....._- ~_ .._ ._ _.... _._~_____.._._..____ ___.._.__..._.._._...--v_._....,_~______._...__...-- - ...rs6a & April 13, 2009 m~ ted Red tight Er'ttore:err~errt ,., e~7k3b~.dtnlf~c'!S~ RESUME FOR MR..JUSTIN MCDOLE, PROJECT MANAGER .......................................................... $3 RESUME FOR MS. MARYJO HOPPER, CLIENT LIAISON ............................................................... $3 RESUME FOR MR. JOE PETERS, VP -NATIONAL FIELD SERVICES .............................................. $3 RESUME FOR MR. PHIL SIMONE, DIRECTOR OF FIELD OPERATIONS ...........................................84 RESUME FOR MR. KEN YOUNG, DIRECTOR OF ENGINEERING, R&D DEPARTMENT .......................$4 RESUME FOR MR. SCOTT NIEZGODZKI, f<.EARNING AND DEVELOPMENT MANAGER ....................... $4 RESUME FOR TERESA BENTON, PUBLIC RELATIONS SPECIALIST ................................................84 HORSEPOWER ELECTRIC, SUBCONTRACTOR ............................................................................85 APPENDIX I -SAMPLE CONTRACT ............................................................................................... 86 APPENDIX J -VIOLATOR WEB REVIEW ........................................................................................99 WEBSITE SECURITY ...............................................................................................................100 APPENDIX K -OTHER SE#iVICES ...............................................................................................102 AMBER ALERT AND PLATE RECOGNITION .............................................................................. 102 Key Features of the AT5 ALPR Solution ...........................................................................102 RAILROAD CROSSING ENFORCEMENT ..................................................................................... 103 REQUIRED FORMS ....................................................................................................................104 ©2049 American Traffic Solu#ions Inc. Page vi _ ~___ -N=~'~~° ~ April 13, 2409 ~. I -+" ~ar_rcc ~ . yi~li rY m1 r ~ 1 I 7 li I - ', ~ II{;f 1 I 1 ~ 11~ 1111 11 I I 1 :. 8 ~ _ .,I,~ ~` .. f l 1, ~~~ 111'°7 , 11 , .u.F~`F~ Tt}{7 l i~l~l ~I ~ X11 ~ ri ~. ~ 4 I 1 'N .111, ~ J , ~ufJJ i ~~.,.`y~ •i~~' _ I i'. ~~ mated Red uglrr Enfti~cdt - - - t~:~ ~, ~., LIST OF FIGURES ATS Florida Customers ..............................................................................................................1 AxsisT"' TC-16 MP Intelligent Traffic Camera System ...............................................................10 Sample Violation Images Captured by ATS Single Camera System .........................................13 Sample Data 8ar ......................................................................................................................14 Plate Blocker Defense ..............................................................................................................15 ATS Image Quality Team ..........................................................................................................17 Video Detection System ............................................................................................................20 Wireless Vehicle Flush Mount Sensor .......................................................................................21 AX515T~ RLC-300 Camera Housing ...........................................................................................23 AxsisT"' LIVE Screen ................................................................................................................25 AxsisT"' RLC-300 with TC-16MP Camera .................................................................................26 ATS Training Team ...................................................................................................................31 Example VIMS Installation ........................................................................................................34 ATS Communications and Marketing Team ..............................................................................36 City of Houston English Brochure .............................................................................................36 City of Houston Spanish Brachure ............................................................................................37 ,_, City of Aventura, FL Website ....................................................................................................37 City of Pembroke Pines, FL Website ........................................................................................37 AxsisT"' DD-350V Variable Powered Electronic Strobe .............................................................42 AxsisTM RLC-300 with TC-16MP Camera .................................................................................44 Greenwood Village, CO Installatian ..........................................................................................45 Greenwood Village, CO Installation ..........................................................................................46 Sugar Land, TX Instaflation .......................................................................................................46 ATS Standard Installation Using City's Street Lighting Pole in New York City ...........................47 Comparison between ATS (Single-Cam System) and Another Vendor's System {Multi-Cam System)--~ .............................~-... .............48 ATS Images -Day -Left Turn ..................................................................................................49 Other Vendor's images .............................................................................................................49 ATS Images -Day ....................................................................................................................50 Other Vendor's Images .............................................................................................................50 Clear Images -Day -Into the Sun ...........................................................................................51 Clear Images -Day -Rain .......................................................................................................52 Clear Images -Night ................................................................................................................53 Clear Images -Night -Rain .....................................................................................................54 WhatsUp Screen .....................................................................................~--..............................61 Preventive Maintenance Checklist ............................................................................................62 ~- Violation Processing Workflow .............................................................................~-----...............67 ©2009 American Traffic SoEutions, Inc. Page vii wn~,~~ a,p~ii is-2aas ,. _~ r. ~ .. p. T. i -Y S ~.I. ~J ~&~ , , t iI~ o- I I ,,, , = ~f ~~ - ~ ,_;, _~~~ I ~ V.. LINT. .. Violation Loading and Image Cropping Step .............................................................................68 Plate Entry Step ........................................................................................................................68 Vehicle Registration Data Step .................................................................................................69 Type Selection Step ........................................... .............71 Final Vendor Review Step ........................................................................................................71 Police Review Step ...................................................................................................................72 Police Review Screen - A Shot ................................................................................................73 Police Review Screen - B Shot ................................................................................................74 Police Review Screen -License Plate Close-Up ......................................................................75 Police Review Screen -Pop-Up Image ....................................................................................76 Police Review Screen -Reject Reasons ..................................................................................77 Notice Generation and Mailing Step .........................................................................................78 ATS Call Center ........................................................................................................................81 MaryJo Hopper .........................................................................................................................81 Violationlnfo.com Login Screen ................................................................................................99 Typical Violationlnfo.com Screen ............................................................................................100 Sample Railroad Crossing Violation Images ...........................................................................103 ©2009 American Traffic Solutions Inc Page viii ~._ April 13, 2009 r I I- I I-i' I - - . ~td„~ , .i i. ,P I ~~b~ I ir., ~r jl ~, la _ si i~~, iF- '~"rllg ul:,~ r ~~I i~l..,,. r^N , li ~i,lY~:;l i~ r' ~~~ h~.;rll~ S _~il F ~ ': i ~ i ~~i ' ' - ~ i -~~i ~ 9+L ! rated Red;Llgltt Frtlor[aey-tent S}r~`"4 - ,,. ._ .. - _,'1P q it y~ ~~.~yy 1. VENDOR QUALIFICATIONS AND EXPERIENCE 1.1 EXPERIENCE PERFOgMING SIMILAR WORK Since 1992, the founders of American Traffic Solutions have focused on photo traffic enforcement and violation processing as its core business. Qur extensive development, delivery and operational experience include many of the largest and most complex automated traffic enforcement and violation processing systems in the United States. The key ATS principals pioneered the photo enforcement industry in the U.S. and have bean providing these solutions to governments longer than other vendors like Redflex, ACS, Nestor or Traffipax. ATS' key principals have the industry's longest and most extensive U.S. and worldwide experience with implementation and operation of photo enforcement programs. They were responsible for the implementation and operation of the first traffic camera programs in the United States, including the first New York Gity Pilo# Project in 1983, the Paradise Valley Photo Radar Program in 1987, and the Los Angeles MTA Rail Grassing Camera system in 1993. ATS continues to operate the New York City program, which has been operated continuously for more than 10 years, first with "wet film" technology and now with second generation, all digital camera systems. We offer dozens of resources with more than a decade of relevant experience with photo traffic enforcement in addition to hundreds of dedicated staff. We invest heavily in research and development ofleading-edge vehicle detection, photo electronic imaging and information technologies. 1.2 CLIENT LIST ATS is the largest red €ight ``-' camera system provider in Florida with 34 awards or palm Coast contracts. This experience l will translate directly into a winter Springs Apopka smooth implementation and Ocoee Brooksville GaSSalberry quality program in Delray West Palm Beach Temple Terrace Royal Palm Bca[h Beach. The followin a e is g p 9 Naverhpl 9$ Palm S nn Lakeland Palm Beach County a list of ATS customer cities Penrbrake Pines Hallandale Beach which are under Hillsburou9h Coua[y Miami Gardens L Aventura Sunny 151es Beach development, delivered ar Bal Harbour Collier County Opa-iacka Operating. North Miami Beach h North Miami fii l a ea North Bay Village DoraY FI Portal liomesteatl Key Biscayne CUCief Bay West Mlaml Ndw Florida Clty Coral Ga61es AT5 Florida Gustomers < Cc~2009 American Traffic Solutions Inc, Page 1 April 13, 2009 f }fi I~! ~, YfaMNrr)taon BeerAM' Edmntla' ElereB' Eeperalway Naapuah ~naY Lake Wrest Park LynnevaeE Puyaeup NBnNrI Saalea Spokane varroaHw' wsovr werNknee' CtllrMe Gp19da tamemN atr fume Mmpae sao Bago $qqn kyn franLraLa BI OB BN Mlwourl AffdN Bella BeertR A[feb BnranYNIIN Rw®eant INZehvoatl Narwos Uly Mdro ALICe MaueeUw BarMelrth 9a7em xer rock ra* mra ary Naw.Nnelr Brkk teaasbem woomrtlgr• MaryNntl Mne MlrrGel Caumy Brmrhvootl Lalmx Mawr Enmorr.ar lame! NL Painter Nee Cerrpllinn university parr Flerltle A-0aoka Awm,aa gel Nerbora &ookarapa anee4erry 4Aliel00umy Canal Ca6be ClAlar bap pool' ~ f~l' Fhrp~Crry FE uepnrtmem alrarWpMalWn Fprf(w Yampka Enlerprke Haaemle' North Bay Yllape' 4neanoaN eeacn NaM MINnr NWwYr North Nlaral Baapr HgeBpoupn Caumv' Ocoee Nonlemeeo gpa.ncka- paYBNmyna Palm Beadr County' E'~'*1° Palm D7W MIamVBartlena vaM Sprlrpa PamtrrAe Wnee Naval Pekin BeeGrf' Sunny NIA tsracn Temple fenaGr winNrSMaga Weel MNmV' weal PNrr1 Beach 1.3 DEMONSTRATED COMPETENCE Since introducing our la#est suite of red light cameras and fully web-enabled violation processing systems in 2005, ATS has been selected over other vendors by almost 70 percent of the U.S. cities that issued competitive procurements. These wins include the majority of the U.S. and Canadian major cities, including: New York City; Philadelphia; Washington, D.C.; Arlington County, tJA; Kansas City; St. Louis; Memphis; Houston; Ft. Worth; Phoenix, Tucson, Pima County, Scottsdale and Mesa, AI; Seattle; Spokane; Pueblo; San Diego; Edmonton; Calgary; New Orleans and Baton Rouge. 1.4 FIRM STRENGTH AND STABILIT t/ ATS is a privately held company with a successful track record for on-time delivery, highest possible levels of customer satisfaction, financial strength and profitability. ATS has been profitable since its inception and has sustained annual growth in revenue and profitability, which is an important factor in terms of continued investment in technology, product improvement and long term viability. In addition to red light and speed enforcement systems, AT5 also provides an image-based, electronic toll collection service called PlatePass® Toll Payment Services. PlatePass~ is a national interoperable network that makes the convenience of electronic toll collection available to vehicle fleet owners and rental car customers without additional electronics in the vehicle, PlatePass~ is `~ currently available on all Florida toll roads, PlatePass® is exclusively offered by Hertz, one of the nation's largest rental car I , ~~f\ '1 II ' t~L1 ~~r, omafed Rer!'Lfghf Enforcirrrent $y,, .. ~fP No. X009-~7 _ '' ©2009 American Traffic Solutions, Inc. Page 2 ___...._.____ W ____._ _ _. __ ..._. _~ _. ..._... .. ....._._. ._,..___~_ _ __-_____- ,~;~ - April 13, 2009 1¢''.;~ ,@'th . *: ~4 -~s~1;€i " Rr'° ~ ~- _ , ~ iF ~ ~ i F!~ ~IIiLI;J}l~iw aced RedLigtrtsEnforcertt li~'~... ., _,. . ... companies. ATS recently launched a new line of business called Violation Management Services (VMS}. VMS' first client is the Hertz Corporation, with every vehicle in their North American fleet registered. Under the agreement, all traffic violations committed by Hertz vehicle renters anywhere in North American are now sent to ATS for processing, The VMS Division will process every type of violation issued to every Hertz vehicle by any issuing agency in the U.S. and Canada. Examples include parking tickets, toll road violations and photo enforcement tickets. Hertz renters who receive violations are now able to visit a secured website at www.RentalCarTicket.com to view the violation, make a payment and print a receipt, as well as appeal the violation. 1-5 WDRKLOADANDSTAFFINGCAPABILITY ATS is headquartered in Scottsdale, Arizona, with regional facilities in New York City, NY; St. Louis, M0; Philadelphia, PA; Phoenix, AZ; Mesa, AZ; Dallas, TX and Washington, D.C. We have more than 490 staff. ATS maintains astate-of-the-art Software Development Center in Scottsdale, Arizona, as well as high-tech research and development facilities for development and manufacturing. The Scottsdale facility also serves as the company's Global Network Operations Center which is linked to all active cameras and data collection devices worldwide. ATS has assembled a top team of seasoned experts, including project managers, a construction manager, installation coordinators, design and engineering staff, and field service technicians in Florida. Our technical and operational staff is able to effectively and efficiently manage the workload that will be a result of your City's red light camera deployment. ATS has the staff, the capacity and the ability to implement and deploy Delray Beach's automated red light enforcement system, Our local Florida ~ project team shows that we are 100% committed to providing the best service to Delray Beach. ATS will open a fully staffed service center in South Florida. Our large and growing Florida customer base enables ATS to make this large financial commitment. 1.6 ABILITY TD MEET SCHEDULES ON SIMILAR PROJECTS ATS brings a proven track record meeting or exceeding contracted schedules with our clients across North America. Houston, Texas expanded their program in 2007. We implemented an additional 20 cameras to the then existing 52 cameras in a 45-day period from August 1, 2007 to September 15, 2007 for their red light camera program. Our new cameras also deliver high performance results, averaging over a 90 percent citation issuance rate. New York City increased their red fight camera program in the fall 200fi. We installed 60 camera sites between September and November 2006, 50 of which became active. In 2008, ATS installed 3B5 approaches and made them operational. 1.7 IACP COMPLIANCE ATS exceeds requirements as recommended by the most recenil a roved ublication of the International Association of Chiefs of Police (IACP}: RLCS Performance Standards, Volume 1 dated November 29, 2Qt)7. The reference in the Delray Beach proposal was an unapproved draft. This can be confirmed by contactin 1.8 FLORIDA EXPERIENCE FDt7T Experience ATS is the o~ vendor that has more than one operatiana! system that monitors FDOTr~ght-of--way. g Ms. Sarah Horn at 703-836-6767 x215 or at hornC~theiacp.org. ATS is currently the leading red light camera service provider in the State of Florida. We have competed and won over all competitors currently vying for the business of Delray Beach. ATS has been selected by 17 jurisdictions through the RFP process, we have p2oo9 American Traffic Solutions, Inc. ~,~ ~, Page 3 April 13, 2009 r ~ a~ i ,~i I~ t ~ ~ ~ i - ~ ~., :, omafed Red;Ligftt En~ent S' ~ _ ~_ 'RFP lYrr`~~Oi09-27 signed contracts with nine other jurisdictions in the piggy back process following proper due diligence. The rest of the Florida jurisdictions listed on page 1 are in the contract negotiations stage. ATS is pleased to advise our red light camera system is currently operational in 11 jurisdictions, ATS won the first RFP in the state with Apopka; the first in Broward County with Pembroke Pines; the first in Miami-Dade County with Aventura; and the first in Palm Beach County with Royal Palm Beach, During this time there was a slowdown by many jurisdictions because the state indica#ed it might pass a state law, Due to uncertainty, many jurisdictions #hat were already in the process of crafting their ordinance delayed, and slip remain a work in progress. ATS will be happy to sit with and explain their process with representatives of Delray Beach when appropriate. 1.9 19EFERENCE TIME LINES The following are the time lines for the references that are listed in section 2: Apopka, Palm Coast, Pembroke Pines, Miami Gardens and Aventura. RFP Date Proposal Awardl Contract Construction Warning First City Name Due Date Selection Citation Sign Date Date Date Date Mailed Apopka 711106 911106 1214107 317107 3123107 618107 7117107 Palm Coast 8113107 9113107 9113107 1213107 3124108 514108 5119108 Pembroke 112107 211107 6112107 1215107 413108 4129108 311109 Pines Miami None None 10!30107 12112!07 11/13/08 12/15/08 1114109 Gardens Aventura 10/23/07 11/13/07 12/20/07 218108 717108 817108 10/22/08 1.14 OPERATIQNAL CAMERA LOCATIONS Currently, ATS has no cameras on FDOT right-of-way, FDOT has a policy wherein no vendor can erect a pole or camera on their right-of-way. This has been the challenge in Florida; however, ATS has implemented solutions to overcome this obstacle. ATS developed and implemented a remote video phase detection system that requires no connection or infrastructure on FDOT rights-of- way. The overall design and ultra-high resolution imaging enables camera placement higher on the pole and farther back from the intersection than other vendors' systems. Our system's placement flexibility enables enforcement on FDOT approaches where the vendor is prohibited from installing any equipment in the right-of-way and is required to install all system components on adjacent City or private property. ATS is the only vendor that operates multiple red light camera systems that are monitoring FDOT rights-af-way. Please refer to the map on page 1, which illustrates exactly all of the Florida jurisdictions that have selected ATS. Below is a list of what ATS is currently monitoring in the way of state roads, county roads or city roads by jurisdiction. We currently have over 180 systems in various phases of implementation. ©2008 American Traffic Solutions, Inc. Page 4 .,~` ~~ April 13, 20p8 teal ~ ,Fai tr' ~i ~ a ~'y •~"'c~ ' 1 ~ m ~ ~ -r, ted Red ~.fght Entarceirrent. .;. .. _ _ , - - ~ ; . ~FP 1Vc. ~01~19~27 1.10.1 Apopka ^ SB Park Ave ®Main St (US441) -City road ^ SB Park Ave ~ Main St (U5441) -City road 1.10.2 Aventura ^ NB W Country Club Dr ~ NE 199th St -State road ^ SB W Gountry Club Dr SB ®NE 199 -State road ^ NB W Country Club Dr NB ~ William Lehman Causeway -City road ^ SB W Country Glub Dr ~ William Lehman Causeway -Ciry road 1.10.3 Brooksville ^ NB U5-4118road Street ~ W Martin Luther King Jr Blvd -State road 1.10.4 Casselberry ^ SB S Winter Park Dr ~ Red Bug Lake Rd -City road 1.10.5 Collier County ^ E8 Pine Ridge Rd ~ N Airport Rd -County road ^ WB Pine Ridge Rd ~ N Airport Rd -County road 1.10.8 Miami Gardens '~. NB NW 27r' Ave ~ NW 183rd St -State road ^ N8 NW 2~d Ave ~ NW 183rd St - 51ate road ^ SB NW 2"d Ave ~ NW 183rd $t -State road ^ EB NW 183rd St ~ NW 2~d Ave -State road ^ WB NW 183rd 5t ~ NW 2~d Ave -State road 1.10.7 Palm Coast ^ 5B Belle Terre Pkwy ~ Easthampton Blvd - Gity road ^ NB Cypress Point Pkwy 1 Boulder Rack Dr ~ Palm Coast Pkwy NW -City road ^ SB Cypress Point Pkwy 1 Boulder Rock Dr ~ Palm Coast Pkwy NW -City road ^ WB Palm Coast Pkwy NW ~ Cypress Point Pkwy I Boulder Rock Dr -City road ^ SE Belle Terre Pkwy ~ Cypress Point Pkwy -City road ^ WB Cypress Paint Pkwy ~ Belle Terre Pkwy -City road ^ E8 Palm Coast Pkwy N E ~ Old Kings Rd N - Giry road ^ WB Palm Coast Pkwy NE ~ Old Kings Rd N -City road ^ EB Palm Coast Pkwy SW ~ Belle Terre Pkwy -Ciry road ^ WB Palm Coast Pkwy NW ~ Belle Terre Pkwy -City road 1.10.8 Pembroke Pines ^ EB Pines Blvd ~ 129th Ave -State road 02009 American Traffic Solutions, Inc. Paga S ~;~; - April 13, 2009 ~` I {~, I . ..,.._ ,~~~'~z.,; .~,~rj "Y~`. F.'P~ ~I, i,I Imo'. s ~ga: ~'"'~;~ r-i.k - ~~ 1.10.9 Part Richey ^ SB Hwy 19 ~ Ridge Rd -State road ~ ' I ~* ~)~ ' orrra#ed RetlLlght~€nf~ S' ' - .RFPNIa:'9.27 1.10.10 Temple Terrace ^ W8 E Busch Blvd 1 E Bullard Pkwy ~ N 56th St -Hillsborough County road ^ SB N 56th St ~ E Fowler Ave -Hillsborough County road ^ SB N 56th St (left turns} ~ E Fowler Ave -Hillsborough County road 1.10.11 Winter Springs ^ EB SR-434 ~ Winding Hollow Blvd -State road As requested, ATS will make available for review those instances wherein private property was utilized. It should be noted thrs wilt be a separate agreement between ATS and the property owner. 1.11 TURNKEY PROGRAMS All of ATS' Florida programs are 100%turnkey programs. 1.12 SYSTEM OPERATIONAL IN U.S. CITY The AxsisT"~ RLC-300, which is the system detailed in this proposal, is currently operational in Florida and throughout the rest of the United States. 1.13 PROTESTS, SUITS OR DTHER LEGAL ACTIONS BYATSAFTER VENDOR SELECTION ATS protested the Wellington, FL; Doral, FL; Orlando, FL and Arizona DP5 awards. 1.14 PROTESTS, SUITS OR OTHER LEGAL ACTIONS AGAINST A TS 1.14.1 Protests Palm Beach County, FL and Hillsborough County Sheriff's Office, FL chose ATS as their red light camera vendor, but other vendors protested these awards. The Palm Beach County selection is currently under protest, and the Hillsborough County Sheriff's Office denied the protest. 1.14.2 Lawsuits A lawsuit filed by an alleged red light violator against the City of Arnold, MO has also named American Traffic Solutions (ATS) as part of its suit. The City of Arnold and ATS believe this lawsuit is without merit and will be dismissed by the court. A lawsuit filed by alleged red light violators in Arlington, TX and Irving, TX was also filed against ATS. We believe this lawsuit is without merit and will be dismissed by the court. An alleged red light violator filed a lawsuit against the City of Balcones Heights, TX and American Traffic Solutions. This case has been dismissed with prejudice. No other legal actions have been pursued against ATS in the last five years. ©20x9 American Traffic 5olutians, Inc. Page 6 April 13, 2009 2. REFERENCES ATS deploys and operates programs in over 135 U.S. cities. We approach each of these programs as public-private partnerships, where close collaboration, trust and quality services are key components. We invite you to contact any one of our customer partners for references and confirmation of our service levels, The following references are Currently issuing Notices of Violation. City of Palm Coast, FL City of Apopka, FL Barbara Grossman Sgt. Stephan Brick Code Enforcement Apopka Police Department City Nall 112 East Sixth Street 2 Commerce Boulevard Apopka, FL 32703 Palm Coast, FL 32164 (407) 782-5fi32 (386) 986-4739 City of Aventura, FL Gity of Nliami Gardens, FL Steve Steinberg Danny Crew Chief of Police Ciry Manager 19200 West Country Club Dr 1515 N.W. 167 Street Aventura, FL 33180 Bldg. 5, Suite 200 (305) 466-8966 Miami Gardens, FL 33169 305 622-8007 City of Pembroke Pines, FL Chief Dan Giustino Pembroke Pines Police Department 9500 Pines Boulevard Pembroke Pines, FL 33025 954 431-2200 2.1 TOLL-FgEENUMBER AND FLORIDA OFFICE ATS currently has atoll-free phone number for Notice of Violation recipients, which is listed on each warning and notice. In addition, ATS also has atoll-free phone number for our corporate headquarters, ATS currently has two project managers in Orlando, along with field service technicians in Miami and the TampalOrlando area; construction managers in Tallahassee, Tampa and Miami; design and engineering manages in Tampa; CAD specialists and a utility specialist in Miami and Tampa. We plan to open a Tampa service center within one to two months and a South Florida service center within three to four months. ©2009 American Traffic Solutions Inc. Page 7 ___...._~_.____.... _.__ ___ _ .... .. _._._..r.___ .~*~=~~ April 13, 2049 l-ii. - win '~ i,. 3. FINANCIAL STATEMENT i.w- ~ s - ~ _,~' ATS has had a history of profitability with a strong balance sheet. The enclosed audited financial statement demonstrates solid profitability and minimal leverage. ATS operates same of the largest red light camera programs in the United States, all of which are multi-year contracts spread across the country. ATS' photo enforcement business is also diversified through toll road-related business solutions. ATS does not have any current or history of bankruptcy, planned office closures or impending mergers, A lawsuit filed by an alleged red light violator against the City of Arnold, Missouri has also named American Traffic Solutions {ATS) as part of its suit. The City of Arnold and ATS believe this lawsuit is without merit and will be dismissed by the court. A lawsuit filed by alleged red light violators in Arlington, Texas and Irving, Texas was also filed against ATS. We believe this lawsuit is without merit and will be dismissed by the court. ATS has been expanding its business and physical offices to support the needs of its client partners. ATS has amulti-year, multi- million dollar line of credit from Harris Bank as well as alternative equipment financing facilities with Bank of America. All debt on ATS' balance sheet is long-term capital, In the third quarter of 2008, ATS completed a private equity financing with Goldman Sachs, making them a minority investor in the company. The purpose of this transaction was to provide additional growth capital far ATS' rapidly expanding business as well as to bring on a value added financial partner, ATS is proud to have Goldman Sachs as its partner. ATS has been profitable since inception. Our financial experience includes a consistent trend of increasing revenue and profitability, Highlights include: • Consistent, increasing profitability aver the history of the company ^ Strong grass and net profit margins • High return on sales, assets and equity ^ Na material legal proceedings against the company ^ Unencumbered intellectual property that is wholly controlled by ATS ^ Long-term, profitable contracts supporting ATS' revenue base ^ Large lines of credit with major financial institution for funding long-term capital programs like Delray Beach's ^ Multiple photo enforcement and revenue collection-based lines of business (safety and toll) provide diversity in mix of revenues earned by ATS to #urther bolster financial stability. If the City has any questions regarding the financial statemen#, please contact Adam Draizin at (480) 596-4702. American Traffic Solutions is a private company, and does not publish its Confidential Financial Information. Nevertheless, we are willing to disclose our financial statements to Delray Beach as requested by the RFP. The financial data is exempt from Florida Sunshine laws and must not be released without ATS' written consent. As a measure to ensure strict confidentiality, we have enclosed the requested Financial Statements in a separate envelope attached hereto, entitled: American Traffic Solutions Financial Statements - Gonfidential Information '~ Q2009 American Traffic Solutions Inc. Page 8 _ . _,.., ..~,~.~ x _ -April 13, 2009 - ~ - tll r~ ~ii wl iii i ~------~1 °-~~ ~I' 1. lu~-4~ :in ~~ ~ ~ l~iii(B (t; r i1i 'Fig ,(F~''i ii ~ i ~ } ~}; i ~+~Ihnl-tip ~.~.~ ,~ s,,,~J.'' t _',~.n ' omafed Red Lrgttt En~oro~rettt - ~~~~~.J._RFPiaa ~0(J9.27 -. 4. RESPONSE TO TECHNICAL SPECIFICATIONS 4.1 RED LIGHT" CAMERA S f'STEM 4.1.1 Best Solution for the City s~~,A7[sisRLC-300' The AxsisT"" RLC-300 Red Light Camera System is the newest and most advanced integrated NEtl pia ii C/. .+F.A4 BYBTEM camera systems on the market today and has been selected as the preferred system across the United States, AT5 currently has over 1,000 operational red light and speed camera systems and over 500 more camera systems in various phases of implementation across the United States and Canada. Our systems produce the industry's highest prosecutable image yields and our programs continue to generate the highest public acceptance and violation payment rates in the traffic camera industry. Qur systems deliver and result in a more equal application of the law, improved safety results and stronger program revenues to offset the cost of the program. Fallowing are a few highlights from key ATS programs; ^ 73 percent reduction in violations ^ 35 percent reduction in fatalities ^ 41 percent reduction in traffic collisions ^ 29 percent reduction in right-angle collisions ^ 20 to 40 percent more violations defected and captured than other vendor offerings ^ Up to 90 percent of payments collected through all stages ^ BO percent positive public opinion support 4.1.1-a Single Camera Standard Prima Facie Evidence ATS will install its AxsisT'" Red Light Camera System far the The AXSiSr"' camera is i6 megapixeis, providing City's program. The system will include the newly released, 1t3- clear license piafe and vioiafion images and the 6esf megapixel [single] camera to capture a single set of ultra-high prima facie evidence. resolution digital violation images from the rear of the violating vehicle. Our unique ultra-high resolution, single camera architecture is a significant differentiator and is not offered by any other system. The single camera technology is able to capture multiple lanes of traffic, including a combination of left and double left-turn, straight through and right-hand motions without image degradation, This technology is successfully deployed in major U.S. and Canadian cities including New York; Washington DC; Philadelphia; Houston; Galgary; St. Louis; San Diego; Seattle and Phoenix. Apopka, Aventura, Brooksville, Casselberry, Collier County, Miami Gardens, Palm Coast, Pembroke Pines, Temple Terrace and Winter Springs operate the ATS single camera system. Multi-camera providers would like #o suggest that two is better than one, but in fact it is not. This mid-90's design was needed because high resolution cameras were not available at the time. The "multi-cam" configuration does not provide additional views because all cameras are ca-located in the same enclosure. They simply provide a virtual high resolution camera when added together. This multi-camera approach has little flexibility for camera placement ~u and has a history of license plate mismatches and camera synchronization issues. "~' ` C~20a9 American Traffic Solutions, Inc. .~: r. . Page 9 April 13, 2009 ~~ r ~ , ;1 t ~rl'1 ~.~,u3~iu.s. d i~=•'-I. ~ ,~: ~~ v 1, I , ii i..' lll~i4J II ~!$I,Ir~ Itf i"s9t~4? ~ ij' ~+ ifs ~R~.i81f(` ., .. i .. -n I I vmated Rsd Light: En#rrt~e»rent ; . _. :_. - hb X09-27', '' .. ~~, . ~~ h ,, _:.._ . I, ,~ ~, _~- The AxsisT'" RLC-300 is new, state-of-ttte-art technology that encompasses the better of the two older systems and goes far beyond. ATS' internal watch dog system and mutfi-checkviolatian review ensures that errors such as plate mismatches and incorrect timing of the amber phase are avoided. Our photo enforcement solution includes features like our automated maintenance online monitoring system, which tracks the camera status and alerts our technicians that service is required, and our multi-level violation verification system ensures that the notices are sent to the correct people. These types of safeguards will maintain the credibility of your results and keep news organizations focused on the positive benefits of your program. 4.1. i.a.1 Axs..isrM TC-16fU1P Digital Color Traffic Camera -The Newest Technology Advancement American Traffic Solutions continues to lead the market in research and development of the most advanced solutions and services in the automated photo enforcement industry. After developing the first multi-camera system on the market, ATS then set to revolutionizing the mare effective "single camera" photo enforcement system and setting the industry standard in pure product features and capabilities. This dedication to market leadership has led to ATS' newest breakthrough in camera imaging technology that will set the technology bar even higher in the market. ATS has custom-designed a new and significantly improved single camera solution with significantly more capabilities and functionality which will result in greatly increased system performance. This newest camera, the AxsisT"' TC-16MP, is being offered to the City of pelray Beach. A detailed description of our newest system is in Appendix A. AxsisT'" TC-16 MP Intelligent Traffic Camera System 4.1.2 Equipment List System Btends into Streetscape The Axsisr"' RLC-300 is small and sleek, specificail designed to blend info the streetscape. The ATS system is the least intrusive system on the market from a visual, aperafiona! & environmenfa r perspective. The ATS AxsisT"" RLC-300 camera system is the most compact and least visible solution on the market today. This is an extremely important issue where physical appearance and difficult technical requirements are combined. The entire solution is mountable to a single standard (S-1A, S14 and M2 poles) 15 to 20- foot fixed aluminum or galvanized steel pole. Our system is highly flexible and can be installed in different configurations, including on existing poles and structures. There are three visible components including a small 14-inch camera enclosure, an 8-inch strobe unit, and a 19-inch controller cabinet. If the City desires, we will also custom paint the equipment to match the color scheme determined by the City to fit in with the surroundings. Images of some of our active installations are in Appendix B. `-' Other vendors will claim to have the smallest system and that everything is in the camera enclosure; however, they do not include images of the non-invasive vehicle detection system, strobes and the non-invasive signal detection system equipment and ©2009 American Traffic Solutions, Inc. Page 10 _. .... __.._.__..__-___ _..._.___ _ _ _ ...... ......._. ._W_ - _. .. ------ __ - ~; ~, ... _._._~_-April 13, 2009 ~ ~ I i.E ~ -~ •~ I~~ ix~~G irLili~~~ ~ ~ I ~f!J°~. ~ ~!~ i i I~~t~ i~ ~I tH~a-~.~ -4 , I'm .,U±,i E.° ~~, - amateri iced L1yhFEnfor~ament ~ ~ ~'{~ ~~.- ~,~rr.2ir~os-a7 ,.. i~ .. ,., ., r infrastructure required, In many cases this results in additional poles and metal boxes along the roadway that need to be installed. Additionally, ATS has mast of the operational systems in Florida, and understands the unique requirements and components necessary to implement and operate a successful and accurate program. As detailed in sections 4.1.6 and 4.1.21, the AxsisTM RLC-31}D is non-intrusive to the roadway and to the transportation signal cabinetry. E ui ment List Desc~ rjptjOn Dimensions Camera Housing 14" x 9" x 13" AxsiST"' TC-16MP Camera 9" x 4" x 4.5" (inside the camera housing) AxsisT"' LIVE Camera 7" x 3" x 3" (inside the camera housing) AxsisT"' Solid State Controller 12" x 11"x 19" (inside the cabinet) AxsisTM LIVE Controller (inside the q ~ ,, ~ „ 10"x7 x2 ,_ ; cabinet) AxsisT"' System Controller Cabinet 19" x 14" x 23" Single Pole (Houses Strobe, Carnera 15 to 2p' tall and Cabinet) ©2009 American Traffic Solutions, Inc. Paga 71 ___ -~ April 13, 2009 ~ , E ui ment List Description Dimensions DD-350V Strobe 8" x 8" x 8" 4.1.3 Nigh Resolution Digital Camera System ATS offers the industry's highest resolution color cameras with 16 megapixels per camera (4,872 x 3,248 pixels per image). The super-high resolution cameras capture crystal clear, crisp images even during periods of inclement weather. Appendix C compares ATS images with images from other vendors. Please note the clarity of each of our images and of the data bar and the fact that each image is a color image. 4.1.4 Statistical Data The AxsisTM camera system records real-time traffic volume data and vehicle counts by time of day and day of week. This data is loaded into the AxsisTM VPS and can be viewed as reports online, ar can prinked by an authorized user. We can also email the reports to the Ciry. A sample report is in Appendix D. 4.1.5 Operating Conditions The AxsisTM RLC-300 operates 24 hours a day, 7 days a week, 365 days a year in a wide range of conditions, whether it be heavy ,~ traffic volumes, adverse weather conditions, varied road surface configurations and across five moving lanes of traffic, The AxsisTM RLC-300 camera accommodates a range of high quality lens options and therefore, can be adapted to even the most demanding and challenging intersection configurations, increasing flexibility to monitor all intersections and approaches that the City wants to enforce. The system can be configured to detect and capture violations across six (6) moving lanes of traffic. 4.1.6 Connection to Red Phase Signal The AxsisTM RLC-300 has been designed to enable a completely non-invasive approach, which can detect each signal phase using a specialized remote video camera mounted to the pole outside the righ# of way, This specialized camera is focused on the signal head in the intersection and detects which phase is active, based on which lamp is illuminated (green, yellow or red lamps). ATS currently operates this remote video phase detection system at our red light camera installations in Florida. This option is an alternative on FI)OT roads as it requires no connection or infrastructure on FDOT rights-af-way. ,: ATS is the only vendor that has comprehensive knowledge with proven methodology, which is currently implemented and operational at many of our Florida-based safety initiatives. 4.1.7 Three Digital Color Still Images A single 16-megapixel AxsisTM Red Light Camera will capture two high resolution color images from the rear of the vehicle. One shows the vehicle with the front wheels behind the stop bar and the other shows the vehicle in the intersection with the rear wheels past the stop bar. These two images contain all of the information needed to prosecute a red light violation, including a clear image of the license plate, which is extracted from either of the actual violation images -our single camera system is the only one that can ~ extract a plate from the completion photo if the initial plate is blocked. In addi#ion to the still images, our system will record a 12- second full motion clip of the violation. The video system capabilities are detailed further in section 4.1.14, p20o9 American Traffic Solutions Inc. page 12 `~ April 13, 2009 w F, .. i i. :-. w f.r.de ~ ~' N ~~~ '' - t I~~1 sled Red. Ligttt; Enf~-rtr~ll ~ _ - BFI ltb'~'~YD~ii9.27 Sample Violation Images Captured by ATS Single Camera System [License Plate Partially Concealed] First rear image: The "A"shot is captured from the rear approach showing: the scene of the violation including the back of the violating vehicle in front of the stop line (or crossing if desired); one or more visible red light signals; and a clear image of the license plate of the offending vehicle, all from the single, base image. Second rear image: The "B" shot is also captured from the rear approach showing; the scene of the violation including the back of the violating vehicle after the rear axle has crossed the stop line and the vehicle has illegally entered the intersection; one ar more visible red light signals; and a clear image of the license plate of the offending vehicle, a!1 from the sin le base ima e. License plate crop: The AxsisT"' Violation Processing System will create a magnified "crop" of the license plate from one of the images far easy viewing, However, the crouaed license elate close-uA is not a separate image, but rather aclose-up view of the on final violation ima e. This image can betaken from either of the two images captured. It is important to note that the license plate image is crapped from one of the main scene images that clearly demonstrates the traffic signal engaged in the FiED PHASE. In contrast, multiple camera systems use a separate camera that is zoomed and trained on a specific roadway section to capture the license plate data of the offending vehicle. This zoomed image captured by multiple camera systems does not show the traffic signal engaged in the red phase and is open to challenge in court. 4.1.$ Violation Viewing by the City After each violation image set and data are captured by our red light camera system, our processing staff reviews the images, crops the license plate image, enters the license pia#e information, and performs additional quality control reviews prior to forwarding the violations to the Police Department for final review and approval. On average, this process takes approximately four days before the violations are available for the Police to review and approve, The City may view all violations 24 x 7 x 365 from any computer with a secure Internet connection, 4.1.9 Violation Data Captured Data Baran Still and Video Images A7S' system includes a real-time ~ matching data bar orl bath the A shot an the B shat and eve video frame. ATS is lire o~ vendor can imprints the data ~ bar on BOTH the still images ar+d the video images. ©2009 American Traffic Solutions, Inc. .,:~u~r Each video and still camera records the date and time of day far each image that is captured. In addition to the date and time data, the system can also record the speed of the vehicle, the posted speed, the lane number, the time the light has been red, the location identifier and the amber phase time. The data bar, which contains the violation information, is imprinted on the still and video violation images at the point-ot-capture. Page t 3 - -- Apni 13, 2009 .. ..... -q!~.-,. ,tsr ~~ -~. ,. 'S~I~i~4 i~~.rr~~i '~E~~iiJc~~ 1J v -.I.i' 'GI ~. ii~,i7r~ . ~.. _ ._ _..~ - - - - t - .. 4.1.10 Data Bar Requirements The following is a sample data bar. Please note that additional available information can be customized for Delray Beach. Sets of sample violation images, which include the data ba-s, are in Appendix C. Clear Data Bar The ATS data bar is clear and legible even online and on the violation notice. Other available camera systems produce data bars that are not easily legible with a naked eye, and cannot be read either on the nofice or online. Sample Data Bar 4.1.11 Security of Evidence ATS has unmatched security measures: ^ Multi-level firewall and intrusion detections system ^ NEVER had a security breach ^ NEVER had a virus penetrate our system ~,. Data has NEVER been compromised Member of NLETS -National Law Enforcement Telecommunications System ^ Passed numerous security audits from major, national companies and government organizations ^ Two-i=attar Security System ATS has a defined and accepted Chain of Custody process that secures the violation data from its point of capture until final disposition. All information and images are encrypted from point of data capture, and all camera photos and accompanying video sequences are stored and transmitted through secure media. The ATS chain of custody is the most secure in the industry, Our system security has been rigorously audited by third parties including: We are the only vendor who can state that we have not had a compromise in our system security. Key security levels in our chain include: ^ Images are transmitted from the RLC-300 Digital Gamera to the AxsisT'" collection paint through a 3DES encrypted VPN tunnel secured by Cisco firewall, switching and routing gear; ^ Dedicated high speed secure telecommunications line to each camera system; ^ Digital encryption at the point of image capture to eliminate electronic record tampering capabilities; ^ Violation verification through digital certifications and audit trails for each system transaction; ^ Every transaction is documented, audited, certified and archived, resulting in a robust, secure integrated solution with permanent safeguards throughout the entire photo enforcement process from image capture to citation adjudication, all from within the ATS data center in Scottsdale, Arizona. ~~ In the event of a network communication failure, the AxsisT"" RLC-300 Camera units have the ability to store violation images and data focally. In the event of an extended network outage, the data can be physically collected daily by our field technicians if ' c02p09 American Traffic Solutions Inc. Page 14 - April 13, 2009 necessary. Our AxsisT"' LIVE video system can record and save live video streams for up to 60 days depending upon system settings antl configuration. 4.1.12 License Plate Covers The proliferation of plate covers or "anti-red light camera products" have begun to impact many automated enforcement programs. However, in response to the increasing use of these illegal devices, ATS has developed a proprietary technique to reduce the effects of license plate covers and blackers. Tested and substantiated by the popular television show, MythBustErs, our proprietary camera configuration eliminates loss of camera violations due to these devices. A75 tests all available "Plate Blockers" No common product effectively blocks the plate 4.1.13 Reflective Material on License Plate Blxker Defense Plates As detailed in section 4.1.12, the RLC-300 clearly captures images of license pla#es, even if the plates have reflective material on them. 4.1.14 Video Surveillance System The AxsisT"' LIVE system captures and stores separate full motion 12-second video Nclips" of the violation ~~ A~sis uvE- ~~ ~ ° ~ ° ~ ~ E ~ a • e ~ F M event, showing the scene and key violation data. The video footage is captured and viewed at 30 frames per second. This video clip is securely transmitted to the AT5 data center concurrently with the still violation images, The AxsisT"' LIVE system allows the Police antl Courts to confirm and validate right-on-red violations where the violators did not make full and complete stops before turning the corner. Features of the LIVE system include: ^ Monitors all enforced approaches and can monitor all four directions simultaneously (extra fee for a monitoring system at non- enforced approaches) • Records sound of sirens and collisions (na cost option) ^ Validates right turn violations ^ Real-time viewing over the Internet for Police or engineering ^ Adjustable recording speed ^ Saves all (2417) digital video data, not just violation clips, for up to 60 days ^ Traffic flow and pattern evaluation for DOT ^ Records the action of any violating vehicle and all relevant circumstances ^ Easy Internet access by tfie Courts and Police for review ©2009 American Traffic Solutions, Inc. _ Page 15 -- April 13, 2009 I I~ 1z ILL Ii lSS4~f.i~i° ~l.S~txi3uu: ~ C a ~ I'll ~ i 1 i L , i, _ ,. ,~~~ t~glf'„~~ •='i i ~ eJ~~ ~ i ~ v~"'Fa"ry°' ~ is ~ r ~ ~ ti 'ilk ~t~ 'I°Wr.- -' i ~ ~~ 1 ;. .. ,,. ~ r- du. ~ ~ ` ~ _ i .' ~r1rt• 17QY E.~f G~p t; ~;y,~ e~' - ... ,;, ,. - ~ ., . F _ ., - -- "` ,,. ,~ -~. :. n. ATS was the innovator of all of these features and most vendors are now attempting to follow the ATS lead by offering these features in their video systems. ATS has proven performance of this technology. ~ Views from Multiple Angles The AxsisrM LIVE system can he installed to capture all angles of a vioiation. We have installed such systems in f Missouri and in Arizona, where clues prefer fo view the violation and al! environmental factors that were present at the time of the violation. 4,1.15 Imaging Unit's Operation The AxsisT"' RLC-300 controller is a modular system that includes a series of "Hot Swappable" Indus#rial-grade components including: the PS-100 Power Supply; the LD-100 loop detector with diagnostic display; the PIC-100 Piezo interface card with indicators and front panel test points; and the AxsisT"' RLC-300 Master Gontralfer, which is the "brain" that controls the entire system. The RLG-300 controller has an Ethernet interface and a wireless upgrade port for remote access and data transmission to the AxsisT"' VP5 servers. Data is also temporarily stared locally on high capacity AxsisT"' Compact Flash Cards capable of storing thousands of images if network connectivity is last temporarily. 4.1.16 On-Site or Remote Active#ion and Maintenance Support 4.1.16.a Remote Activation Nighthawk Systems developed a customized wireless power control system that ATS integrated into its red light camera system. This feature allows ATS to wirelessly activate the system. 4.1.16.6 Remote Monitoring Processes ATS utilizes a number of monitoring tools and processes that enable us to have constant visibility of the health and operational status of a site. 8y utilizing our network monitoring tools, we have "near real-time" notification of any network-related failure, We also employ the use of several tools that are run daily that provide key operational data to enable ATS to determine if the system is operating within acceptable ranges. 4. i.16.b. ~ Automated Maintenance Qnline Monitorin S stem Our technicians monitor the camera seven days a week utilizing our automated maintenance online monitoring system. The AxsisT'" RLC-300 has automated electronic watchdog programs running that send camera status to the AxsisT"' VPS Processing Genter and maintenance staff. When connected to the Internet, the camera will send regular status messages to an AxsisTM monitoring server, The AxsisT"' monitoring server will record camera status for reporting and will send alerts to technicians should the status indicate that service is required. We have technicians monitoring the cameras seven days a week. Our monitoring server allows us to remotely diagnose and repair the camera system, which means that the equipment will be operational shortly after our field services team receives the service alert, ©2009 American Traffic 5oiutions, Inc. Page 16 -»`~ April 13, 2049 ~ ~_~~. _........ t c~,~..~,~.; ,. I,Ayj.~l I ~ail.7!I~~t'h~l N ~ ~ , ii ~~ I Ft i 3 ~~~, ~tl yk~ LI i '::. Pglfl- - S'L7 , 4.1.16.c Image Review On a daily basis, AT5 Image Quality Review Department staff per#orms image quality audits for every deployed camera. These maintenance personnel discover any camera faults including focus or setup problems immediately. The staff is trained to act immediately to correct deficiencies that would compromise contracted service levels or internal quality control standards. Additionally, the ongoing image review process generates reject reports identifying camera-based rejects. The field office manager receives these reports on a daily basis, identifies the issue and rapidly resolves the issue at the camera level. ATS Image Quality Team The Image Quality (IQ) Department is dedicated to ongoing daily review and image review and approval and image quality sign-off for each new installation. Highly trained and seasoned professionals review image quality far each installation operated by ATS. They are constantly seeking solu#ions to improve image quality, analyze lane counts and maximize volume. They work closely with the Project Managers to provide cost/henefit corrective action plans to further increase customer satisfaction. Many times our IQ Department identifies problems and resolves issues through remote camera adjustments, or if not repairable remotely, issues a troubleshooting ticket to the Field Services division to get the camera fixed quickly minimizing downtime. ~_,. 4, i.16.d Remote Diagnosis and Correction Utilizing the tools and processes described in the previous sections of this proposal, ATS has the capability to diagnose and in many cases, resolve problems remotely without requiring a technician to be dispatched to the site. With the ability to monitor a variety of key system operational indicators, coupled with the ability to remotely make adjustments and take corrective actions, ATS ensures that the system is functioning optimally and can quickly correct many failures without having to dispatch a technician to the site. emote Maintenance ATS is continuously developing processes and incorporating technology that allows our Field Service team to resolve issues remotely, which maximises system uptime and drastically reduces repair time. 4.1.17 Permits ATS commits to secure all necessary permits and agreements fo- the camera sites, including FDOT and Palm Beach County right- of-way permits and agreements from private property owners. We will work with the City to secure these locations and will use all available methods to secure FDOT rights-of-way within the City of Delray Beach. We will provide all contracts andlor agreements for the camera sites to the City of Delray Beach upon request. All contracts andlor agreements will indemnify the Ciry from any actions andlor issues related to our red light camera system. 4.1.18 Self-Test During the start-up sequence, the RLC-3a0 performs a comprehensive self-test. The red light camera checks all vital functions of the system including the camera, aperture, light meter, data storage, internal clocks, etc. A test photo sequence is also available during ~' pre and post deployment procedures; if either the comprehensive self-test or the internal calibration tests fail, operation of the system will be automatically suspended. ffic Solutions, Inc. rage t ~ 02003 American Tra ._---- _~ __ _ _ _.- --.------ .___ _ .___----....._... _,---- ._ ___ ~__.. _. __ - - - -'~ April 13, 2t]o9 ~: ~ i nc-aJ~~cµnW l-t ' 1] _: _L-1S46 ~-s.~- t ~. t , sI ~ I I ~ _ ~~ F h wm~w Red Llght ~Marcx~ent 4.1.19 Maintenance ATS will maintain, repair and replace any system component throughout the duration of the contract, regardless of cause. ATS supports a Help Desk organization that responds to calls 24 x 7 x 365. ATS will repair any system component within 24 hours of identifying the malfunction at our expense. The processes and tools implemented to perform the various service activities have been developed with one goal in mind - to provide the highest quality product with maximum system upfime. Often, a problem is identified and corrected remotely without having to disable or shut the entire system down. Once a system is online and "live," there are a number of monitoring tools and processes that are used to constantly evaluate the health of a system. There are a variety of system thresholds that are monitored, and if a system check shows activity that falls outside of the acceptable ranges, corrective actions are taken to prevent a failure before it becomes a problem, This, coupled with our quality assurance processes, which include regular image quality reviews, enables ATS to provide the highest quality product with a minimum amount of disruption or downtime, Additionally, ATS provides preventive maintenance services on a scheduled basis to ensure maximum uptime with minimum disruption to the system. When a problem or component failure occurs, AT5 can accurately identify the failing component or process by using an array of remote diagnostic tools and in many cases, take corrective actions remotely without ever having to dispatch a field technician, In the event that an onsite repair is required, ATS utilizes a number of tools and processes to provide the technician with as much detailed information as possible and to enable him to be completely prepared to resolve the issue an the first visit, ~~ We also utilize a priority scheme that ensures that we respond to critical outages that render a system inoperable or are potentially a safety hazard to the public. ATS responds to emergency situations with a higher level of urgency. ATS also has its own fleet of trucks that allows us to respond quickly and ensure that we have the correct tools and equipment for the job at hand. Details regarding our maintenance program are in Appendix E. ______ ~~ Fxceptiorta! Level of Customer Support With the combination of people, processes and tools, ATS provides an exceptional level of customer support that focuses an the quality of fhe end product, as well as maximum operafional uptime, of every system we provide. I.. _ _ _ _ ..__ 4.1,19.a Florida Service Center ATS has field service technicians in Florida and locally stationed bucket trucks an call on a 24 x 7 basis. This enables AT5 to respond to any given situation rapidly and not be limited as to what options can be deployed. AT5 is the only vendor in the industry with a nationwide fleet of bucket trucks, and other large equipment insuring safe and efficient implementation, installation and maintenance of fixed cameras. Our field service team includes directly employed field technicians and aver 15 subcontractors (including three national subcontractors) who are trained and certified on our red light camera equipment, 4.1.19.b Emergency Repairs ATS will provide the City with an emergency contact number that is available 24 hours per tlay, seven days per week for critical v problem notifications, such as a pale knockdown, which may be creating a hazard. In these events, ATS will immedia#ely dispatch a ~ ©2009 American Traffic Solutions, Inc. Page 1 e ____ _ .....---- --- . __.. ~ ___ _ _ _ _... _.. .._. _ .,, __ _._ .._ _ _ _ . ..... .... ...._ _ ._..._._ _ W _.. _.- _-- _._,_ _ _ __. ~. ~ April 13, 2x09 '` I i LI ~ a 5 ''~ - - i rrrated Red L[~t~f En#dre technician to remove the debris, ensure that there are no safety hazards, such as live exposed wires, and create afollow-up ticket to make the repairs and return the system to operational status. Depending on the specific damage, the construction team may be engaged to pull new wire, repair a foundation, replace a pole, etc. ATS will work with the City of Delray Beach in the likelihood that ATS is not able to provide emergency repair services. We will identify and provide a contractor for the Ciry to make emergency repairs. ATS is committed to providing the best support possible to all of our customers in all situations, including emergencies, and will provide this same support to the City of Delray Beach. 4.1.20 Identify and Debug Malfunctions All critical functions of the AxsisT"" RLC-300 can be remotely accessed and controlled. Remote diagnas#ics, system parameter changes, camera adjustments and other functions are all routine activities. 4.1.21 Vehicle Detection Methods ATS has direct experience with nearly all vehicle detection technologies for red light camera triggering. We offer triggering based on non-invasive video vehicle detection or laser detection ar wireless detection. All ATS detection systems are non-invasive to the road and do nat require trenching or saw-cutting of the roadway, Our engineering department will meet with the City's traffic engineer to discuss the type of detection system that will be best at each of the program's installation sites. This will further increase effectiveness and enforcement options far the Ciry. 4.1.21.a Laser/ Lidar Radar Detection Disadvantages ATS understands the City's preference for a laser detection system. ATS uses these technologies in its speed programs, so we are very familiar with the technology. We can offer these detection systems, but for red light camera systems we recommend our other triggering methods, such as video or wireless vehicle detection. Multiple tests have demonstrated that laser triggering is the least effective of the options available, Because the laser's beam must shoat across traffic, it can be easily blocked by other vehicle, reducing the number of violations captured. Also, lasers are significantly less effective during poor weather conditions. All of our detection options accurately detect red light violations in all types of weather. 4.1.22 Vehicle Detection Methods ATS has direct experience with nearly all vehicle detection technologies for red light camera triggering. We offer triggering based on non-invasive video vehicle detection or laser detection or wireless detection, All ATS detection systems are non-invasive to the road and do not require trenching or saw-cutting of the roadway. Our engineering department will meet with the City's traffic engineer to discuss the type of detection system that will be best at each of the program's installation sites. This will further increase effectiveness and enforcement options for the City. '. r ©2a09 American Traffic Solutions, Inc. Page 19 ••«~ ~~~= b~Y April 13, 209 ~ ~ .-Ws'ia~ixs_::~ Nir~`~u '~ - - - - - ~. iL .~i r_ 4.1.22.a Video (Vehicle) Detection ATS operates mare non-invasive video defection systems than any other vendor. More than 3.5 percent of our active systems,utilizenur video detection svstem. The video detection interface accepts standard cards built on the common TS2 standard. As such, unlike the proprietary video detection offered by other vendors, ATS leverages proven, commercially available detection technologies. This approach ensures that our systems are constantly updated and leverage the specific research and development investment by other specialists in the detection field, There are more than 35,OOD Iteris Vantage video detector systems currently operating in North America. Video detection is more flexible and accurate than laser detection. Video Dietection System Upgrades When upgrades are available to the vi defection system, ATS is able to "send" upgrades to the system from our Scottsdale C Center without actually going to the camera site. The combination of our technologies and our refined quality processes produce the highest violation capture rates in the industry. Statistics show that our systems detect more vehicles and capture more (20 to 50 percent) violations than any other system. Unlike a laser or radar system that is a direct visual line, which can be impaired by ___ "_.___- any other vehicle passing between the beam and the violating ~" vehicle, video detection shoots straight down on the triggering quadrant. Also, our system can be set to detect and capture violations at slow speeds, below ip mph, which few other systems can do. Additionally, the ATS Iteris detection technology has proven capable of accurate detection at high speeds and in all types of weather. The City of Aventura, which is nearby and has similar weather patterns, uses the Iteris detection system. Their current notice issuance rate is 98 percent. ATS has multiple triggering options allowing the Ciry's engineering depar#ment to determine the detection system that will be best at each of the installation sites. This will further increase effectiveness and enforcement options far the Ciry. The following details our wireless vehicle detection system that is available, ©24x9 American TrafSic Solutions, Inc. Page 20 r~"' April 13, 20Q9 Video Detection System [For !!lustrafive purposes only] i ~m d ,~ t i itl ur ur tl ~ _ ~; ~~ Ic`~I}~ei.~IFl_!1!ft!,~ sp illlla,*~,'iT'^"' 4i# r ~ E ..- ,]~ i-~- I _ ~~iSi ed Red LI , , Fn 4.1.22.6 Wireless Vehicle Detectors (Optional] ATS was the first photo enforcement vendor to deploy wireless vehicle detection technology, which provides the benefits of a non-loop invasive solution and the performance of embedded sensors. This wireless sensor unit" fits in the palm of your hand, These sensors are offered in two formats. One is applied to the tap of the road surface and the other is installed in a small 3-inch round hole in the pavement. Both are mounted without any wires to or from the camera controller unit. No trenching, boring or conduit runs are required. The unit communicates wirelessly to Wireless Vehicle Flush Mount Sensor the AxsisT"' controller. We have the most experience and the The black dots in the picture below illustrate what the surface most operational Wireless Detection 5vstems in the U.S. mount sensors would look like. Our wireless vehicle detection system is currently being used in Aventura, Florida; Palm Coast, Florida; San Diego, California; Govina, California; Bedford Park, Illinois; Fort Worth, Texas; Kansas City, Missouri; Creve Coeur, Missouri and 5t. Louis, Missouri. The majority of our partner cities that have installed red light cameras in 2At)8 have selected the latest Wireless Vehicle Detection technology for the following reasons: 1.) WVD's can be installed in under 15 minutes per lane; 2.) No trenching, boring, saw-cutting or extended lane closures are required; 3.) the WVD's are more accurate than overhead video detection; 4.) Less visible street infrastructure is required; and 5.) the WVD's will last up to iQ years without maintenance. This type of detection is an excellent option for enforcement on City roads. Pictures of the sensor, the wireless access point and the installation profile are shown above. 4.1.22.c Comparison of Detecfion Systems ATS has tested and had direct experience with all currently used vehicle detection technologies for red light camera triggering: embedded systems; non-invasive video detection; laser detection; and wireless technology. Wireless Vehicle Detection System No linear cutting of the Slightly less precise than standard pavement, inductive loops. ^ Na disturbance to the landscape. ^ Each lane installed in less than 15 minutes. ^ Can be installed anywhere, includin in the existin loo s or '~ ©2009 American Traffic Solutions, Inc. r°t Page 21 April 7 3, 2009 w ~~l,.i 1 -~~ 11 rl K 7' ~~ ~• P2009 American Traffic Solutions Inc. ,, - ~.llltii'OLiy~( - - 'T • _ __ ;, Yi ~ ama'tecl Red ~E,-ghlt=E~rfp~E'S ' 'RFP No ~`f ` ~ !127= ., ~ ,~ near the loops. ^ Does not interfere with inductive loops ^ No additional poles or infrastructure required ^ Water-tight and weather- resistant. ^ Each sensor lasts for 10 years, • Less maintenance and downtime leading to better overall system performance. Embedded LoopslPiezo Sensors Most accurate detection system Requires linear pavement cuts -least false triggers May interfere with currently installed ^ Accurate speed enforcement inductive loops Video Qetectian System Non invasive detection Requires separate mounting pole Proven capability Performance can be affected by factors No destruction of the pavement, ^ affecting video cameras such as wind, weather and light conditions. L.aserlAadar Multi lane laser provides more Mounting angles can affect detection by accurate non invasive speed any other vehicle passing between the results beam and the violating vehicle ^ NO pavement cutting sfancora s la^° ~ I R I I I I I o~5 mrn~~g frnm cmfigmvflwi lol West to North uhatrucfa LaSerGrall ~ laser deSacta. for ^ No traffic mitigation for install, Rec Ldghl Cnrnain 1 111 1 11 1 1 1 Ipnes I, 2. k 3. maintenance and servicing ~ I I I I I, - - - r - ,~ _ ~ W ~~ ~ ~ ~ 'r ' - - - i -rr ~' rrr _ rrr ~ _ _~ ~ f e~ - - _ _ ® IIIII i €I~II ~Ili~ ~ ~ illll ~'llll lily 1 111 1 ^ Requires additional poles and infrastructure ^ Requires boring and cutting under roadway to install the laser sensor on the opposite side of the intersection from the camera ^ Front directed laser sensors installed require a direct uninterrupted shot to the vehicle Page 22 ~- ~ ~~ April 13, 2009 ~ i I U I' r e i ~ 'ni~Eu i I ~~ i i;,- '+1~ ~ a~ i~ ~ oia ,-;- i f~ _ _ , ed~f~d~Llglt#~'nio~t. _ ~. - ~ . ~. ~ ,~ • Camera and laser unit required for every lane - 6 mounted camera type units for 3 lanes of enforcement ^ Radar (NID} No pavement cutting or Violation events in a different lane which maintenance happened prior to the second image being captured for a previous violation in another lane would be missed by the NID. ^ Not able to accurately trigger at speeds below 20 mph ^ To avoid occlusion and loss of violation capture in all lanes, NID radar heads have to be mounted on mast arms almost directly over the roadway. • Lacks ability to enforce long vehicles since the rear end position of the vehicle is not known when the violation image must be captured. ^ Requires sophisticated and expensive calibration. ~ 4.1.23 Tamper Proof and Vandal Proof Enclosure The AxsisT"' RLC-300 camera housing is fitted with an environmental shade to protect the lens area from rain, snow, sleet and other effects that can cause last violations. This housing prevents commonly lost violations due to stains, dirt, debris, rain, and snow which can accumulate on the camera enclosure aperture. All ATS enclosures are fitted with heating or cooling elements where necessary. AxsisT"' RLC-30U Camera The fallowing features make it difficult for vandals to tamper with the equipment proposed. Housing 4.1.24 Small Enclosures The AxsisT"' enclosures are the smallest offered in the industry. The dimensions of the camera enclosure are 14" x 9" x 13." The AxsisT"~ RLC-300 camera system uses less power than any other system. As shown below it uses less than one amp per day. '.,_.. p2o09 American Traffic Solutions, Inc. Page 23 _..__.._,. ...--.---.._.__~~____.~__ __.__._..~~__ __W____ Apri! 13, 2009 f _ ._ ' ~~ y .~I i } ~L- Lot ~ I° ~~: ~'j1 Pi i{ ~ ~~- + ~5~." ~'~' ~ ~ U- y ~7 t 7~4z ''` 'fir°~t'" 3`:: F,~",~ i i lull ~1 i ,;yj1~'.4, _. .' ~l , i , ..~ - Red;itrg~rl Flt~Llfllt9f3t` - ~wr•--- ' RF~ 11h3' 1T ~;~;.• Confidential Com anent Dail Power Draw Axsis RLC-300 Unit and Camera 200 milliamps Cisco Router and DSL Modem 200 milliamps Axsis LIVE DVR and camera 300 milliamps Axsis FR-200 Flash -100 flashes er da 200 milliam s TOTAL 900 milliamps/day 4,1.25 Simple and quick Maintenance ATS controllers are mounted at five feet off the ground for easy technician access. For camera and strobe access, ATS uses its fleet of bucket trucks. ATS is the only vendor with a national fleet of maintenance bucket trucks. AT5 standard operating procedure includes a detailed maintenance and repair tracking system, All work performed on each system are detailed on this log, The log identifies the date, site and status of the system and type of work performed, Wark orders received by our Field Dperations department are logged into three primary groups. Installations: Via coordination with the Project Manager and the maintenance teams, field equipment is scheduled to be installed, As construction nears completion, an installation request ticket is submitted, outlining the specific details of the site. This process feeds our dispatch 1 scheduling system, and all the required resources (people, equipment, parts, tools, subcontractors) are scheduled for the jab. ~~. System Upgrades 1 Preventive Maintenance: As new releases of software, firmware, or hardware become available, or as general maintenance activities need to be performed (i.e. camera adjustments, lens cleaning, flash bulb replacements, etc.), a dispatch ticket is queued to be scheduled in conjunction wish either a "grouping" of upgrades, or with a repair call, to allow us to make these improvements with the least amount of disruption to the sites. There may be same upgrades which are deemed critical, in which case these requests would be placed in our standard dispatch queue with a high priority, to be scheduled as a trouble ticket would typically be handled, System Outages I Trouble Tickets: AT5 "touches" every site each day in a variety of ways. We regularly "ping" the networked components of each site to assure we have connectivity to be able to receive images and video. If connectivity is dropped, an alert is triggered, and we begin the process of remote diagnosis, and if possible, remote repair, We also have our customer service and operations team review the data from each site and identify if we have problems with the images andlor video (i.e. dark image, license unreadable). Once a problem is detected, a trouble ticket is logged and submitted to our dispatch system for scheduling, Each dispatch event is assigned a priority, problem ID, and recommended remedy. We then assign a technician and schedule a repair call. Each of the above categories also has specific escalation "triggers," examples include: specific response times, schedule conflicts with resource requirements (i.e. equipment and labor), and remedy issues. In any of these situations, the dispatch team and appropriate management levels are notified, and corrective action is taken to successfully complete and close the ticket in a timely and responsive manner. Throughout the entire process, updates are made to the ticket logs, to be able to view the current status of ~`"" any event in the process. ©2009 American Traffic Solutions, Inc. Page 24 ..:_c ~ April 13, 2009 i .c~:..v~, ~ ~ I ~; t i ^C ~tuiL I i ~ ' ~~ 'I ~ i I_;I .~ ~ try ~~ m~~-i~-~ )~mi,P .,~l~:_I li,~l dl~~~~~~~,F,~ .Y. ~n ilP .r (if~i 1-~ ~ tns>~ed Red ifght EnfoTC6m~t! _ RFP>1M~r. - 27 ~; .. ___ _ _ - 4.1.26 Installation and Construction Time Frame Assuming close coordination between AT5 and the City, ATS is able to have the first intersection fully operational within 34 days of permit approval. Appendix F of this proposal provides an installation schedule, 4.1.27 Multiple Lanes of Enforcement The standard AxsisT"" RLC-300 control unit can independently monitor up to six moving lanes and two different signal phases, simultaneously with a single camera, or dual cameras depending on the intersection design. The independent lane control logic enables precise detection and enforcement of different signal phases from a single camera. Far example, the AxsisT"" RLC-304 enables a single or dual left turn controlled by a left turn arrow and straight throughlright turn lanes on a solid green signal ball enforced at the same time with a single system. 4.1.28 Multiple, Simultaneous andlor Concurrent Violations The AxsisT"' RLC-344 camera can capture up to five images per second, which means that the system is rated to capture multiple violations per second. The majority of red light violations occur within the first second of the red phase. As a result, red light runners often "platoon," or run the light side-by-side. The ATS camera and detection technology has been designed to detect and image all vehicles, even those traveling side-by-side (see the New York City image set in Appendix B). No other system offered is capable of this level of performance. In fact, all other systems must complete the sequence ("A" shot and "B" shot) of the first detected violation before resetting to capture another violation, In this case, only the first detected vehicle in a platoon would be captured. This leads to hundreds of missed violations per camera per month, 4.1.29 "Live" Intersection Monitoring Though all red light camera programs offer video, only ATS has the capacity to provide continuous 24 x 7 x 365 remote monitoring capabilities. AxsisT"^ LIVE system recorded video will be stored locally, at the camera site for up to 60 days, and can be configured to retain longer periods. This feature is significant because all video, regardless of a violation event, will be available to the City. This capacity is most often used by the Police Department to see and reconstruct an accident that occurred in the intersection, even when no red light violation was involved or the results of an accident on the cross streets where the cameras are stationed. This unique capacity is useful for AMBER Alerts, collision, reconstruction, homeland security and other investigations. Live video images and recorded video segments can be accessed and downloaded by any authorized user via a secure Internet connection. ' ©2409 American Traffic Solutions, Inc. Page 25 - - .... __ _...----~ -~--v._..____ _. _~.~ __._._ - __ __ _._ .~ April 13, 2009 AxsisT"" LIVE Screen -y+~;iL--~t_ ~ ~a I - ~ I7 i' ~ ~!i F 3 E . . ~ y 11 I ~ I t ~a~ ~~s~"-~f"re°~„s2~r~..w~'r~~ ~,'r ~:"s1-';iy: ~' s~'~!~"~ .a,...d.,« ~~i.~r~~'st II r n~ir~~ ` ~ '' , `im1 ~1 1 t . ui.i~ ~ i~....:xo 9.21..- ~-.: ~ .. ~ Why is the A TS Video Surveillance System Beneficial fo the City of Delray Beach? Under Iota! agreements, the Cify of Delray Beach, along with our other clients in fhe area (Palm Beach County, Wesf Palm Beach, Haverhill, Royal Palm Beach, Palm Springs), with permission, can cooperatively view live and archived video images of each other's infersections, which will be helpful in j criminal investigations that affect multiple jurisdictions in fhe area. This is a very powerful law enforcement j too! for the City of Delray Beach. ATS receives mare than 30 video segment requests from our cities a month, independent from violation reviews. The video can be run in real time, slow motion or a frame at a time, which allows the Police Department to reconstruct intersection accidents ar other happenings where obtaining data is difficult or not available. 4.1.29.a Examples of Customer Successes We have been able to provide convicting evidence in several serious criminal offenses: a gang shootout in a Houston intersection; the driver and passenger of a murder and stolen car in Arizona; and a man shooting another person at a Texas intersection. our system also aided police with iwa different roadway shootings in Texas. In October 2047, a freeway shooting murder was solved by the Burlingame, California police using our video from a red light camera site in Millbrae, California (Burlingame uses a different RLC providerJ. Recently, the Gallatin Police Department used our video system to capture two men suspected of stealing heavy construction equipment: ttp• www.w~lsan ost.comlindex,php.option-c„ p ~ - om content&task=view8~id=698&Itemid=l5. 4.1.30 Synchronized Operations All ATS systems use Network Time Protocol (a national standard) to synchronize to public time clocks. 4.1.31 Least Infrastructure our red light camera system installs on a single pole and is the least intrusive in the industry, The video detector installs on a single pole perpendicular to the violation line. The wireless access paint for our wireless vehicle detection system installs on the same pole as the camera, which means that our system uses only one pale. ATS is the only vendor who utilizes a single pole system. As shown in the image fa the right, our camera system is highly flexible and can be installed in different configurations, including on the side of the roadway and on existing poles and structures, Other vendors will claim to have the smallest system and that everything is in the camera enclosure; however, they do not include images of the non-invasive vehicle detection system, strobes and the non-invasive signal detection system equipment and infrastructure required. In many cases this results in additional poles and metal boxes along the roadway that need to be installed. Additionally, ATS has the majority of the operational systems in Florida, and understands the unique requirements and components necessary to implement and operate a successful and accurate program. ©2009 American Traf#ic Solutipns, Inc. Page 26 _.. _ _.._ __ v__._.~._ -.~ April 13, 2009 AxsisT"" RLC~00 with TC-16MP Camera .-.7S tl ~ ~ w ! i ~ i . 1 i r ~~ i r ~' i?~,~;, sl g, ~a t-r C !~:+'' 1 ~. Fir t"ii~li - .. .. ,. , -, ~:. ~y~ , ~ ~; =. !~~ ' , I~ Red r ~t>'~4nlerr# S" - - ,r~BFP ~, 27 4.1.32 Left and Right-Turn Enforcement The detectors are configured an a lane-by-lane basis to be sensitive to any number of events, including illegal right turns on red. The AxsisT"' red light camera system's filtering capability allows speed configuration to beset independently on alone-by-lane basis. The camera captures two images of the event, just like o#her violations. The downloaded video clip is used to confirm that the vehicle did not stop during the violation event captured by the camera. Our red light camera systems in Apopka, Aventura, Brooksville, Casselberry, Collier County, Palm Coast, Temple Terrace and Winter Springs detect and record bo#h left and right-turn violations, Sample left and right-turn violation images can be found in Appendix C. 4.1.33 Pales ATS will install the highest quality pales for the City's program. 4.1.34 Signage ATS will provide warning signs prior to the camera site to make motorists aware of the red light camera system. ATS understands that the City will make the final and binding decision on the type of signage that will be utilized. 4.1.35 Billing and Collection System Process ATS will immediately establish a billing and collection system process far the City's red light camera program. We will notify the City's Project Manager andlor the Project Manager's designee of the implementation of the system, 4.1.38 Fine Amount ~~--- ATS understands that the City will change the fine amount if the City determines that it is necessary. 4.1.37 Program Costs ATS will be responsible for all costs associated with the proposed red light camera program, except far the City Staff costs. We will provide the City with al! computer equipment mutually agreed upon and necessary for the program at no cost to the City. The computer equipment will be provided prior to the first red light camera becoming operational. ATS will provide an HP desktop model ICA614UT (with Microsoft Windows XP Professional and 2 GB of memory) and a Dell 19" monitor to the City of Defray Beach. 4.1.38 Newest Technology ATS will actively pursue the newest technology for the City's program. ATS currently offers our newest red light camera the AxsisT'" TC-16MP to the City of Delray Beach. 4.1.39 References from Operational Cities ATS' references far active programs that use nan-invasive detection and a wireless traffic signal sensing device are in section 2 of this proposal. 42009 American Traffic Solutions, Inc. Page 27 April 13, 2009 >> sGZ-I~.~ ~ ~ ~:~ i~ - I id~~ 1411 i ~L:f aa{.~-G~~ _ i I I~ ~,l ~~ - i ',~,i r~4~:~: ~~=7y. F. z5w: n:. 3Y~~ ~~r~l~i h ~t~d ~~~ ~ 'lii far ~~~' ~~~~,~i~ i ~~ _:~~ ted Fled Llghl Ert~t _.~~ ~,. ''"~, RFP_IwO X27 4.2 VIOLATION PRQCESSING 4.2.1 Best Violation Processing Sys#em A7CSIS1/P5- The AxsisT"' VPS (Violation VIOL A71f7N PROCESSING SYS'TGM Processing System) is a full- featured and web-enabled violation processing solution, managed and maintained at our Scottsdale Data Genter. The system has Qualify Ass~rrarrce ATS has three levels of citation review. !n those instances in which the violation review escalates to a supervisor review, a fourth level of review is provided This ensures that the citation will be issued to the been designed to enable image review and full processing of traffic ~ correct person. violations for enforcement programs worldwide: This application will enable authorized Delray Beach and police personnel to perform the processing functions from any location with Internet access. Additionally, our Police Review function requires only 20 seconds to process each violation. 4.2.2 Vendor Processing Software AT5 will provide a computer for the Police Department to use for review and approval of the violations. Since AxsisT"' VPS is a web- enabled application, the computer will have a secure web browser installed on it. There is also no requirement far the City to install our software on its systems because it is aweb-enabled application: ATS understands that the City will have the final and binding decision on the type of computer system we will provide to the City. 4.2.3 Detailed View of Information `~ All transactions in our AxsisT"' system are recorded by user and date. A complete audit trail of unusable images and reasons is maintained and available to the City. Unlike most other systems, all ATS reports are accessible to the City 24 x 7 x 365 and in real- time. 4.2.4 24 x 7 Access The AxsisT"' VPS is aweb-enabled application: City personnel can access it using any computer connected to the Internet 24 x 7. Once lagged into VPS, authorized personnel can view and review violations, input registered owner information, view and print notices and reports, view violator account history, and generate evidence packages. 4.2.5 System Functions AxsisT"' VPS delivers a full range of features and required functionality meeting ar exceeding items in the RFP specification. A detailed description of the system is in Appendix G. 4.2.6 Processing System Our violation processing system is web-based and includes image processing. Once the violations are approved by the City of Delray Beach Police Department, VPS will automatically prink and issue full-color Notices of Violation. Reminder notices will be text- anlydocuments. 4.2.7 Mailing of Notices Each Notice of Violation will be mailed by first class mail to the registered owner with the City's defined time frame #or Notice issuance. Mailings to owners responding to first Notices identifying drivers in affidavits of non-liability or by rental car companies are ~ included in our pricing. ©2009 American Traffic 8olukions, Inc. Page 28 _m=` April 13, 2009 - ~ i i - i ~~,.~ ~ ~~ t I ~~ I U L f i L,1 ~ ~ I I ~dl ~..}~I i I~ .... ~~ i'~~I I ~ ~ li ~"~J -.. '~ . _ _ i it r li t I I~r~~Jv It f Fls.o L','~ ~F~ ~ I itr ~ I"Wllflw- ZT - 4.2.8 Language and Format of Violation Notices ATS understands that the City will make the final and binding decision on the language and format of the Notices that will be used far the City's red light camera program. 4.2.9 Notice Issuance Time Frame Once the violations are approved by the Police Department and the City has advised ATS to send the initial notice, Notices of Violation are generated by the AxsisT"' Violation Processing System and mailed to the owners' addresses. Flags within the system will to set to ensure that notices are mailed within the live-business day time frame defined by the City. 4.3 STATISTICAL ANALYSIS AND REPORTING SYSTEMS 4.3.1 Statistical Reports ATS' system is capable of producing statistical reports that detail the items listed in this specification. Sample reports are in Appendix D, 4.3.2 2417 Operations Reports ~ ~~ _.~.___. ~ ATS' system has built-in standard reports that are accessible online ~ Real-Time Reports All reports are real-lime and available online 24 x 7x by authorized users from the City at any time. 365. The AxsisT"' VPS System provides comprehensive resources for statistical data for long-term analysis of violations and violation trends, The reports are grouped by Statistical, Financial, and Operational data types. The Ciry can receive reports by email or directly through the web interface. ATS will confirm all reporting requirements during the initial Business Planning sessions, The AxsisT"" VPS System canfains an extensive selection of sample reports to assist the Ciry in monitoring and measuring the effectiveness and efficiency of the system. These reports include summary reports, issuance rate reports, performance reports by location, user reports, statistical graphs and payment reports. Sample reports are in Appendix D. 4.3.3 Reports ATS will provide the reports listed in this FiFP specification to the Ciry. Sample reports are in Appendix D. 4.3.4 Violation and Traffic Statistics The AxsisT"" system captures real-time traffic data as detailed in section 4,1.4. 4.3.5 Prosecutable Image Rate and Traffic Count The ATS reports provide the ability to analyze results attained from each camera location to show the prosecutable image rate (e.g. the number of notices issued compared to the number of violations captured) and the traffic count statistical information. Sample reports can be found in Appendix D, 4.3.6 Online Reporting and Monthly Reports Our reporting function is real-time, so the City can log into AxsisT"' VPS and download the latest reports at any time. ATS will provide monthly reports of red light photo enforcement results to the City within five days following the end of each month. ©2009 American Traffic Solutions Inc. Page 29 ~~• ~' ~ a° i _-'. - _ ~ _ _ .I _ ~ April 13, 2009 r ~ rbE""-"s'xiNti mf~,Kr~~ I~ ^p ~I i - i ~~~ ~~~. ... _. ~ ,.-~. 73 d's~'Pi.«~ .~,~ r ri la uT_!~I' '~Ti~ff•~>a~4~ ~~ "E ~~- ~lY„ '., , i eY t RBd L ~ t Ftrilor tglt uat-~t " ~~.i~ro. "'~~~-"17 4.3.7 Monthly Report details The monthly reports will cover the items listed in this RFP specification, ATS' system has built-in standard reports that are accessible online by authorized users from the Ciry at any time. Many of the standard reports already provide and capture the informationldata that are listed in this specification. We will confirm additional reporting requirements during the initial business planning sessions. 4.4 IMAGE TRANSMISSION SECURITYAND DATA STORAGE 4.4.1 Image and Data Security The AxsisT"' RLC-300 Camera automatically "pushes" data from each camera site to the ATS Daia Center Computer System by means of a 3DES encrypted secure Virtual Private Network ("VPN") connection, The AxsisT"' System then automatically decrypts and loads the data to a File System in the server at the ATS Violation Processing Genter. 4.4.2 Enforceable Image Storage All enforceable images will be stored in compliance with State retention laws, be transferable to a CD format ar equivalent, and shall be accessible, upon request by the City's authorized representative. Violation data and image retention is acustomer-defined requirement. Violation images will be stared for 180 days after final disposition. Once this time period has expired (per violation), the individual images are archived or destroyed and removed from the live system. 4.4.3 Evidence Package The Axsisr"' system will be configured to produce an electronic Evidence Package which includes the violation images and data, all issued and disputed notices, violator history, a correspondence file, payment history, and any other relevant documents (such as letters from the defendant) that may be included in the file two weeks rior to each scheduled hearin4, The Evidence Package is an Adobe PDF file that can be passed to the hearing officer for reference during the hearing. 4.4.4 Chain of Evidence AT5 understands that a secure chain of evidence is an essential element of any red light camera operation. Our chain of evidence process is described in section 4.1.11. 4.4.5 Expert Witness Testimony Expert witnesses will be provided as needed to establish judicial notice of the program. 4.5 MAINTENANCE, SUPPORT AND TRAINING 4.5.1 Maintenance Overview ATS will maintain, repair and replace any system component throughout the duration of the contract, regardless of cause, ATS supports a Nelp Desk organization that responds to calls 24 x 7 x 3ti5. As stated in section 4.1.19, ATS will repair inoperable equipment within 24 hours of notice of the malfunctioning equipment, 4.5.1.a Proactive Maintenance ATS proactively provides quality control procedures to verify and optimize camera programs by deploying specially trained quality control technicians to the site. We stock spare equipment locally to ensure that each camera system operates well within the contract parameters. Our maintenance procedures are further detailed in Appendix E. ©2a09 American Traffic Solutions, Inc. Page 30 ......._ _-. .v.__~ ___- _. - __ _ _ _.. ..._,__.._ .... _.___ ... . April 13, 2a09 r - ~ i L s... wa. w,. 1~. ~ d1~ i I Ir dua~Wi~~ 0 ~ RBd f ~ti~GF~@[118F1~ _ ' - ~:~~ s-a~ >- ~~~ --~ _, ., ._. 4.5.1.,6 Online Access to Reports and Violations The City of Delray Beach will have 24 x 7 x 365 access through AxsisT"' VPS to the program reports and violations. 4.5.2 Maintenance and Inspection Visits Each camera will be visited at least once per month for preventive maintenance services, Our maintenance procedures are further detailed in Appendix E. We will upgrade our systems as the technology is available. 4.5.3 Ongoing Training ATS provides a range of hands-on and video conference training and refresher courses and will ensure that all users are properly trained in all relevant aspects of the systems and program. ATS will train City personnel who will be involved with the program. The training will allow the Giry to understand, implement and utilize our photo enforcement system effectively and efficiently. Our courses will also give Ciry personnel the knowledge to present our system at public seminars and presentations. AT5 will consult with the Ciry on the courses provided to determine what will be most effective for the participants attending. All training will be held in Delray Beach at a time convenient to the City, 4.5.3.a Camera Technology and Photo Enforcement Lifecycle Course ~" An intensive program designed to help participants understand the entire lifecycle of a Photo Enforcement Program and how the camera system operates. The course is facilitated by a certified technician and trained camera instructor. The Learning and Development Consultant takes users through a complete classroom course conducted in a half-day session. Participants will be instructed on the entire lifecycle of a program from Photo Enforcement Strategies, detection types, construction and camera installation, image quality, maintenance, camera #ield tuning and an overview of the Operations process. No limitation to participants interested in taking the course. 4.5.3.6 Photo Enforcement Overview Course This course is designed as a high level overview of the Camera Technology and Photo Enforcement Lifecycle Course. It is designed to provide a brief glimpse of how a violation gets to the City. This course is facilitated by a Learning and Development Consultant and provides participants with an overview of American Traffic Solutions, benefits of a Photo Enforcement Strategy, Technology selected by the City, notices used by the City and program workflows. This classroom course is conducted in a 1-hour session. No limitation to participants interested in taking the course. 4.5.3.c Customer Service Dverview Course The Customer Service Overview course is designed to provide participants with the AxsisT"' VPS basic functions. Facilitated by a Learning and Development Consultant, the Customer Service Overview Course covers the basic AxsisT'" VPS functions such as looking up violator information and document history, www.Violationfnfo.com, payment options and AxsisT"' Reporting. Other key concepts covered in the course are Affidavits, the City's Business Rules and Pane designations. This classroom course is conducted ,,~ in a t-hour session. No limitation to participants interested in taking the course, ©2009 American Traffic Solutions, Inc. Page 31 -nom' April 13, 2009 ATS Training Team '.: 1 ~- i fl il ~ ~7 U:--J ~ PEI~I. i ~ .`....,. . ,.-~ J-.c ~rz~."-`a?4"~"t t s ~i. i u. „r,~,"'E ;i ~~''~ r '_ y, ~i .i'~~~ ~ ~i''` ~_ - ~ - jj _ , , ~~ ~~~'a4~~~ Er7ic>~cetr-srrt J _~rP I~ ~009.2T ~~. 4.5.3.d Violation Processing Course ATS will train designated officers and selected others on the use of the AxsisT'" VP5 System. Courses include a complete overview of the violation process in the City's context as well as hands-on training with the application in all areas of processing including those areas that will be provided by ATS. Our program is a comprehensive violations processing course that will attune trainees to the major issues in violations processing that have a direct impact an their daily job tasks. We also provide training an the payment processing function. This included approach provides City staff with the complete picture of how violations are processed so that they can understand how their specific duties relate to the entire process. 4.5.3.e Cashier and Finance Course and Workshop The Cashier and Finance Gourse is designed specifically for thane participants who will be taking and entering payments and auditing daily, weekly and monthly receipts. The session, facilitated by a Learning and Development Gansultant, shows participants how to do all aspects of payment processing in the AxsisT"' and BiflinglPayment and Accounting systems including a review of customer service functions and workflows, payment entry, return payments and processing refund requests, SinglePoint, AxsisT"' Reporting and hand-on learning. Training will be conducted within the City typically one to two weeks after the program has gone live. This classroomlworkshop is conducted in a 3 to 4-hour session and is limited to participants in the Cashier and Finance role. 4.5.3.E Court Training Course ~ The Court Training Course provides a similar type of training as the Violation Processing Course with a focus on the court processing aspects of the system. Facilitated by a Learning and Development Consultant, participants will review the customer service functions and workflows facilitated in the Customer Service Overview Course. Other skills taught in the session include scanning and uploading documents, dismissing violations and changing plates, processing return mail, scheduling hearings and reviews, viewing, printing and saving evidence packages, transferring liability, entering a disposition and AxsisT"' Reporting. This classroomlworkshop course is conducted in a 2 to 4-hour session and is limited to participants acting in the Hearing Of#icer Roles. 4.5.3.8 Mock Review/Hearing/Tria! Workshop ATS is in the process of developing a Mock ReviewlHearinglTrial Workshop. The following is a description of the workshop. The Mock ReviewlHearingCTrial Workshop is a hands-on session geared to provide participants with the skills to conduct a review or hearing in the AxsisT"' VPS system. Facilitated by a Learning and Development Consultant, participants will explore topics critical to adjudicating a review or hearing in AxsisT"'. Skills taught in the session include preparing a review and hearing schedule, preparing the evidence package, transferring liability, scheduling a hearing and adjudication, In addition, the Mock ReviewlHearinglTrial Workshop provides a historical and legal framework review of photo enforcement, the common reasons for dispute, the tactics of defendants, and the typical counter measures used by the prosecution. This 2 to 4-hour workshop is applicable to the hearing officer, attorneys and Police witnesses. 4.5.3.h Release American Traffic Solutions updates systems and adds change requests to its programs every month. These include requests from ~ clients, internal departments and regular system maintenance. Mondays, Tuesdays and Wednesdays after each release will be designated as a training day far all our city clients who would like more information regarding the enhancements of AxsisT"' or any ~ ~ ©2aa9 American Traffic Solutions, Inc. Page 32 -~ ~' April 13, 2Q09 / -: 'I 1 1 _ I "t.,a~tldl ~... i ~~ ,~ i iii. ~I i~,I~-_ii6 _ ~ i.' n~v -4~1.r'~~1..{ :'~I 'S s. r,,~~yi ;" .a !, i t`~C',~[~a I` t i it :I ~i ~J ,t~4~JII~ g .. F aurts~ed Red'lrgitt'Enfa~e~t _ -- . - - RFP ~D '9-27 - r~ other ATS updates affected by the release. All trainings will be completed through aWeb-ex presentation. The IP address and conference line will be distributed #o the Client Liaison and the Project Manager on the Friday of release for communication to all city clients, 4.5.3.i Consultation After the selection process and the initial kick off meeting, the Learning and Development team is committed in continuing to build the relationship between the City and American Traffic Solutions. A Learning and Development Consultant will contact the Team Lead for the City Project, the Team Lead for the Police Department and the Team Lead far the Court to help set expectations far the upcoming training and work with them in tailoring our course to the needs of the City. 4.5.3.j Users Conference ATS hosts an Annual Users Conference for aft of our clients. The conference is designed to be an educational yet enjoyable forum to collaborate and openly evaluate and gain tools to enhance local red light, speed camera and other types of programs. It is our hope that attendees will learn from each other as well as from ATS' professional staff. City staff will be able to attend the conference as part of the contract. 4.5.3.k Customer Support ATS' Commitment to Customer Satisfaction Staffing levels at our Software Help Desk are maintained to ensure that 97% of al! calls are answered by a representative within 20 seconds and that no caller is ever kepf on hold for more than 69 seconds. ATS operates a Software Help Desk on a 24 x 7 basis. The Help Desk will be available to assist the City with any problems with the red light camera system or with the violation files. The City will always have an ATS contact for emergency use, including weekends and holidays. In addition to our Software Help Desk, the Ciry will also have the support of the assigned ATS Project Manager, Justin McDole, and AT5 Client Liaison, MaryJo Hopper. Mr. McDole and Ms. Hopper will be available to the City at alt times to address all project-related issues. 4.5.4 Hands-On Training ATS will provide hands-on training as necessary to Ciry personnel. 4.5.5 Equipment and Training for City Staff ATS will provide all equipment andlor training to the City staff for the red light camera program at no cost to the City. ATS will provide the equipment andlor training to the City within 30 days of the City's request. 4.5.6 Training Materials ATS will furnish all necessary training materials. 4.6 OPERA TONS AND PUBLIC AWARENESS 4.6.1 Project Management Approach Our Project Approach for delivery and operation of successful photo enforcement programs has been designed to leverage the optimal blend of local and off-site resources to ensure rapid and efficient delivery within your timeframe and with the highest possible " 02009 American traffic Solutions, Inc. Page 33 .~ Y, - ---______- ~ .._.__ ~_ ___.__ April 13, 2009 i i, - ~ i ~~.. i mstedRedL~ght-!!<n _toncmrt#~' ~RfP Nb. 7 27 level of quality. Our seasoned team of professionals has successfully deployed this Project Approach tar the implementation of similar programs of equal or greater size and complexity throughout Florida and the rest of the United States. Our team of experienced staff and contractors will focus on activities requiring personal interaction with various departments within the City of Delray Beach, including the Police, Traffic, Court and Communications, on issues such as enforcement location selection; deployment strategies; business rule development; process modeling; system integration; and acceptance testing. 4.6.1.a Site Selection As part of our standard implementation methodology, ATS will work with the various City agencies including the Police, Traffic Engineering and Department of Public Works to identify the City's most dangerous intersections. An analysis or algorithm of these details provides a base formula. Many of our competitors will end their analysis with the algorithm to reduce their costs, but ATS believes most important is a detailed video analysis at each of the identified intersections using our AxsisT"' VIMS (Violation Incident Monitoring System) solution, a temporary portable traffic analysis tool. The AxsisT"' VIMS captures video of traffic passing through the intersection during the (Used to Assess red light violairon rates) beginning of the red phase of the signal cycle. Video images are reviewed by ATS staff to assess the number of vehicles crossing the stop line during each red phase by lane and time of day, The AxsisT"' VIMS is a simple but specialized tool to identify the most dangerous intersections. This is key data in gaining support from the local press on the need for such intervention. ATS will prepare a report which summarizes the violation data by intersection approach, traffic lane and time of day, The analysis will accurately show where the violations are occurring at a given intersection. Typically, we have found that one approach to an intersection can generate substantially greater levels of violations than the other. We will share this information with the City to assist in the site selection process and to validate the ultimate installation and enforcement plan, 4.6.1.6 lrtsta!latron Even though ATS will have overall responsibility for the installation of the fixed camera systems, our contracting partner, Horsepower Electric, will install the equipment. ATS will manage all aspects, including local permitting, drawing review, and provision of final drawings for the approved sites, ATS will provide all equipment, materials, supplies, and labor necessary to install and calibrate all cameras far operation. ATS is the only vendor in the industry with a nationwide fleet of bucket trucks and other large equipment insuring safe and efficient implementation, installation and maintenance of our installed cameras, Combined with the available resources of Horsepower Electric, ATS is best prepared to assure operations of the photo enforcement program. 4.6.1.c Testing and Deployment Upon completion of construction at each site, ATS will test each camera and program process to ensure program quality and effectiveness. Testing includes detection, image capture, and ail hardware and software components. Additionally, during this phase ©2009 American Traffic Solutions, Inc. Page 34 ........ .. .... ---- ----.. _ .,._.._ _ _ _.Y -~ April 13, 2009 Example VIMS installation Violation Incident Monitoring System 1 ,~ I~~..~ '~. s .&~ai Ir ~~I~,{ll F~1 ~ a I t I q ~ i' ~~~{iti t t• r , ~ - ~! r~ -~'~ iCCpl:,~;'`TI C~'=' iri ~ii,,,Gt7.~r! t I U~ ~ ~I I; i ~ ~ ~1J;3~y1'„~n' I ~ ~~_ i ~'~' ~ ,~~.'~~ the public awareness and education activities are finalized and ready for roll-out to media and other organizations. Typically, a warning period is implemented that issues warning notices prior to the actual notice processing "go-live" date. 4.6.2 AT5 Team We have put together a comprehensive team to ensure the successful completion and operation of your red light camera program. This team will be coordinated and managed by the assigned Project Manager, Justin McDole. Mr. McDole has extensive experience managing implementations of photo enforcement programs. He will work closely with the City, ATS personnel and our subcontractor Horsepower Electric to ensure a successful and timely project deployment. The resumes for the ATS team are in Appendix H. 4.6.3 Proposed Time Line Assuming close coordination between ATS and the City, AT5 is able to have the first intersection fully operational within 3D days of permit approval. Our time line is in Appendix F. 4.6.4 City Staff In~ol~ement Our project workflow requires City involvement at key points in our project plan. We prefer to work and coordinate efforts through the City-appointed program manager. Resource allocations are based an 35 violations per day sent for review and 28 violations per day being approved. Ci Personnel ~ Per Day Time Estimation for 1 CommentslClarifications person Court Staff -Challenges Less than 12 minutes per day Less than 2°/0 of all approved violations result in challenges Court and Finance Staff Up to f hour per day In municipalities where ATS handles the collections -the clients estimate the coordination of data and setting up hearings etc. to be no more than 15 hours per month Police Staff -Officer Review 3 reviews per minute112 minutes per Based an Police Staff only doing day reviews, it would average 3lminute. Police Staff -Supervisor Review 10 to 15 minutes per day Images reviewed average less than 5% of all images reviewed IT Staff 2 hours per week for 90 day implementation period only Engineering Staff Less than 2 hours per week during implementation period only fl2009 American Traffic Solutions, Inc. Page 35 ..:~• ~ April t3, 2009 ,. ~~~ ~~..~~~ a i ' 0.11 nfi~ u.Ii ~ i i ~It~rrA~iwtj,tlRUl,i u 1 ~ .' ~R~ ~ ih i`i i~Ifi ii _ _I _ -~"=~ +'~fp~k't~:~rC~.~N'1~It"n i E .ail .~ 1P~'~ ~i ~1~ng~r~. _ hHW t . afad RC'd Lfgbt:Eremen# - - ~r~~ - ~ ~ =boas-2T ~~ ..,. v - .:,. , , . ,, 4.6.5 Public Education Program ATS understands the importance of public education and acceptance in a successful photo-enforcement program. Our team of media and public relations experts works closely with clients to develop an effective public awareness strategy with the goals of communicating accurate information and increasing overall public support. ATS will provide ongoing assistance to the City in promoting your safety program. We will share with you the many resources of our Public Awareness Toolkit, a collection of: ^ press releases far all phases of deployment, expansion, and program milestones ^ website content ^ radio and TV public service announcements (PSAs) ^ public education flyers and brochures in English, Spanish and other languages (examples an the following page) ^ system images and graphics ^ program taglines and Pogo examples In addition, each month we will contact you with ideas and themes far outreach and education and media pitches such as Stop on '~ Red week, extreme violation videos, and end-of-year results to name a few. We will also keep you informed about state-specific as well as key photo-enforcement industry news-from Florida opinion polls to national court rulings and major study findings, Our team will support City staff and tailor a community awareness and media campaign that fits your program and level of desired outreach. .:;,` •. ~POCUS off ~`~,.. .,~a~.b L~i..-.l.i._,....._.. ~iSAFEiY ;~ ~ -~ !'= ~ I *-~~w~:~_ w M e~.a4 sites ~.N.n dm~ •. w.iti •d ~~ .. +apr~w-...a nn~i. x~.u ww ). $.I T~1 ab[IVmean xM.lY0.i1, id.~ ~.N.r,.,~ ;,~ pep uexT WIiER4 .~~, .. - a.,.a EN{pp~ENEMT PROGRIM k„ „~ .....~ r ......~.~ .w....,.. >. o..m~ ..,,.....,w....... ti~vMp City of Houston English Brochure b20a9 American Traffic Solutions, lnc. Page 36 ~~:;~ ~ April 73, 2009 ATS Communications end Marketing Team r . ~~..., ~.~1. .ass. ... ^~ ~~ , ~:~: ...~ ~~. ~ ~, omated Red 1,rgk# Entr~r~rnent -~ ~ , .;~FPll~o ~i109-Z7" -- . ~~~ . , , , ,~ ..,,..h ~„.,...~ .. •,..,• _ p ~ r FOCUS ON ~SAFE'flf .-,...+rnNx.~na., ~ .~. {£iiocv .n SeyWIWGi e~ Pwoa~xti oe ~,..~. .....~,.,,...,.. niro En qua wm~ ~~„ ~~. e .. ~. ~~.,r,....~..,.. ~.~ ao~.~... ~~..~•.,w,a _. _ .....e,...,.•. ,•. .~.n.,, .,o~,~.....~.,., City of Houston Spanish 9rochure ^ Talking points regarding the City's photo enforcement program ^ Engaging and educational website content for the City's website. Examples of our cooperative input in other successful cities are below. ~.~~* ::.: ~~.~ . „~.~d,e._. ~ ... ne i;,m S.k~r raC. _^_'Q~°„ _ Cam- ~~M. ~~,-_- ~-_~ y w~ City of Aventura, FL Website City of Pembroke Pines, FL Website ^ Materials for media events ^ Commonly requested media items, such as sample video clips and images of our camera system 4.6.5.a Ongoing Media Assistance In addition to the Public Awareness Toolkit, ATS will provide the following: ^ Free media ideas, tips and offers to provide assistance in sharing information regarding the program ^ Paid media assistance including radio and television public service announcements ^ Public opinion monitoring 4.6.8 Training for Presentations Our proposed Project Manager, Mr. Justin McDale, will be available, as well as other ATS personnel as needed to speak at public forums and for media interactions. Additionally, we will work closely with the City to provide training and support on understanding ~ and presenting our AxsisT"' system at various public functions and to the media. ©2009 American Traffic Solutions, Inc. ---.r. ~ ~__ _.._ ... -----~ _._ _._ _ _ _.._._ . ...... _ ~~. Page 37 April 13, 2009 ~~ ''s;r ~ 5,.7fl:~~'~i.ay 5 vC ~~ta i~y~ii4ar' ,ll~i i~ t~ ~i`;4i~ ~~~~'M~t L ~i ~ i u~ gated Red [.fyfrt rtt ~ ~, ... -- y°a~-rv-.r~nne, 4.7 FEES AND SCDPE OF WORK FOR PRICING 4.7.1 Price Proposal ATS proposes to furnish a turnkey red light camera program based on the following proposal. We offer a number of pricing alternatives including: 1. Fixed fee per month 2. Tiered fee per paid citation ATS pricing includes all costs, including transaction fees." There are na hidden fees. All fees are disclosed below. Each pricing option includes red light camera equipment far a 4-lane approach with up to 2 signal phases, installation, maintenance, violation processing services, DMV records access, mailing of 1st notice in color with return envelope, mailing of 2nd notice, web-payments access with convenience fee, call center support for general program questions and public awareness program support. Description of Pricing Fee Option A -Flat Fee per Month Per Approach (one camera 1 rear imaging) $4,750 Option B -Tiered Fee per Paid Citation {one camera 1 rear imaging) This fee schedule reduces the incremental cost to the City as the number of paid notices increases. 4th Tier Fee (300+ per month) 3rd Tier Fee (150-249 per month) $17.50 (14%) 2nd Tier Fee (from 90-149 per month) $27,50 (22%) 1st Tier Fee {i.e. first 89 paid per month) $47.50 {38%) All tiers assume an average across all installed cameras. Option C • Fee Per Paid Citation 3rd Tier Fee (Additional paid notices per day per camera) $10 {8%) 2nd Tier Fee (Next 2 paid notices per day per camera) $25 {20%) 1st Tier Fee (Firs# paid notice per day per camera) $125 {100%) All tiers assume an average across all installed cameras. Additional Services Applicable to All Offerings Noted Above Pre-collection Letters 10°1° of recovered revenue delinquent Collections Services 30% of recovered revenue ATS has included its standard services contract wherein there are certain terms and conditions that are mutually beneficial. ATS takes exception to the payment bond requirement in the City's RFP and would like to discuss an alternate approach to this requirement. We reserve the right to negotiate terms and conditions included in our standard contract into any contract form `- preferred or provided by the City. Our standard contract is in Appendix I. F X2009 American Traffic Solutions, Inc. Page 38 ----~.____~..W _ _. ~,.:r _.. __._._._~_.__.. April 13, 2009 r ,. ... _ L H , : ,~ ;~it~~~, i4 , ; nl~ ~ ~ ,.: ~j ,~F ~~~a~. _.~Ilo~ - - - - - 4.7.2 Project Manager as Single Contact The assigned project manager, Justin McDole, will be the City's single point of contact throughout the project. 4.7.3 Intersection Design and Plans ATS has in-house professional civil engineers who will modify the "as-built" drawings to include ATS-added infrastructure to be reviewed and approved by the Ciry. ATS will acquire all of the appropriate permits associated with the Automated Red Light Enforcement System far the City of Delray Beach. ATS has extensive experience working with various agencies throughout the United States, including in Florida, to obtain the necessary permits and approvals. These include various Departments of Transportation, as well as a variety of utility companies and telecommunications organizations. This vast and extensive experience wilt enable to work effectively with local entities to ensure a timely receipt of permits and approvals. 4.7.4 Instaliatian and Maintenance ATS will maintain the red light camera system and will provide support and maintenance for the installed cameras throughout the project. 4.7.5 Violation Processing ATS staff performs all pre-review and case preparation functions. ATS interfaces with NLETS, along with using our direct connections with DMVs across the country to obtain vehicle regis#ration information. Appendix F contains a detailed description of our violation processing workflow. 4.7.6 First Notice Preparation and Mailing Once the violations are approved by the CitylRolice Department, !Notices (also called Notices of Violation) are generated by the AxsisT"' Violation Processing System and mailed to the owners' addresses, including a return envelope for payments. 4.7.7 Second and Final Notice The system will be set to issue a second and final notice for any violations tha# remain unpaid after their due date. Each notice will include a return envelope for payments. 4.7.8 No#ice Issuance Time Frame All notices will be issued within the legally required number of days after the violation event date. 4.7.9 Notice Processing Supplies AT5 can provide all notice processing supplies. 4.7.10 Information an Notice All notices contain color images of the violation and instructions on how to view the alleged violation through the Internet. A sample notice is in Appendix A. A full description of the website that violators can use to view the violations is in Appendix J. 4.7.11 Online and Phone Payments ATS has partnered with U.S. Bank as the payment processor for online and phone payments. When a Notice is issued, the payer may choose from the following range of payment channels: • Pay online, using the web, check ar debitlcredit card (a convenience tee to the violator is applied) ^ Pay by phone with credit or debit card ©2009 American Traffic Solutions, Inc. Page 39 ______ ____._.Y..____ April 13, 2009 r i, i , L xM-': I i ' I ~ ~, i 'i ~ , i _. l11at8d ~ u~ ~'i!'tfOr~ltBttt , ~~~"` Jl~o:- 2T V Receipts for a-check and creditldebit cards are provided. These can be printed or emailed to the payer if the payer provides an email address. 4.7. i 1.a Other Payment Dption ATS also offers a fockbox payment option. Each notice includes a payment coupon that the violator mails in with his or her payment. All lockbox payments are mailed to US Bank's lackbox address. US Bank handles the lockbax payment channel and processes checks, money orders and cash. Although cash is discouraged, US Bank accepts it and processes it. 4.7.12 Third Party Collection Service AT5 will manage all collections processing far Delray Beach. ATS defines collections as the activities required to collect delinquent violation payments beyond the second notice mailing. ATS contracts with several collections providers who have developed a proprietary collection system and methodology specifically designed to address the nuances of collecting delinquent municipal fines. The comprehensive collection program includes mailing collection notices, answering inbound calls, and the use of aggressive skip tracing technology to locate and collect from even the most difficult to locate debtors. This program also complies with the Fair Debt Collection Practices Act, 15 U.S.G 1692, et. seq. 4.7.13 How Payments Are Marie to the City The funds are deposited every night in the U.S. Bank ATS Blocked Account far the City. A record of the payments is entered into ATS' AxsisT'" BRA (Billing, Payment and Adjustment) module. At the same time that the payments are entered into BPA, the balances are updated in AxsisT"'. The fallowing is the schedule for when the funds are electronically transferred from the U.S. Bank ATS Blocked Account for the City to the City's Account; • Lockbox funds are swept once a week ^ ACH (electronic check) funds are swept one day Eater • Credit card funds are swept two days later Real-time payment reports are available through AxsisT"' for the City's review 24 x 7 x 365. 4.8 ADDITIONAL INFORMATION Key ATS staff members have 15 to 20 years of direct experience in automated photo traffic enforcement, dur principals were pioneers in the photo traffic enforcement industry and were responsible for the implementation and operation of the first traffic camera programs in the United Skates, including the first New York City Pilot Project in 1983, the Paradise Valley Photo Radar Program in 1997, and the Los Angeles MTA Rail Grassing Camera system in 1993. ATS continues to operate the New York City program, which has been operated continuously for more than 10 years, first with "wet film" technology and now with second generation, all digital camera systems. ATS is also a recognized leader in the electronic toll violation and enforcement management industry. Our experience with the large volumes of transactions generated by toll violations has enabled us to develop and refine our technologies in the most demanding environment. 4.9 OTHER SERVICES In addition to red light camera enforcement, ATS offers services such as automated license plate recognition; stop sign enforcement and railroad crossing enforcement. These services are detailed in Appendix K. ©2009 American Traffic Solutions inc. Page 4d April 13, 2009 - - ____~ - r , ~ ~.~.'. ~ ~~ r~i a ~ ~„ ~81ted Red `Light Err~rcae~»nc ~Y - `` ~~~ :_ tlt3la.` 1009-27 n 1 ~ - . .?: APIPENDIX A - AxSIIST"" TC-16MP The AxsisT"" TC-16MP is the most advanced and highest resolution photo enforcement camera in the industry. Our i6-megapixel camera offers two to three times more resolution than any other photo enforcement camera in the market. In addition to ultra-high resolution, the TC-i6MP has purpose-built unique features unlike any other camera in the industry, including: ^ Integrated real-time image encryption to prevent unauthorized viewing ^ Integrated real-time digital image watermarking to insure image tamper proof integrity, ^ An integrated encrypted digital video stream with integrated real-time matching data baron each frame • Advanced image processing capabilities - • automatic light metering • automatic gamma and color management • autama#ic shutter speed adjustment • anti-blooming suppression ^ Remote lens focus capability for faster response to image quality adjustment requests ^ Rapid frame rate for multiple simultaneous violation image capture ^ Intelligent Sub-Image SegmentatianT"' for better processing results and faster throughput ^ Integrated flash to image synchronization for perfect image lighting ^ Automatic License Plate Recognition (ALPR) capability (future) ^ Optical Character Recognition (OCR) capability (future) • Automatic License Plate Alert System (ALPAS) -value added public safety benefits (#utureJ Two of our competitors promote that they have their own cameras, but in fact their U.S. operation is required to purchase these cameras from their overseas parent companies as a profit center. INTELLIGENT SUB-IMAGE $EGMENTA TlON r'~ Unlike other cameras in the industry, the TC-16MP includes Intelligent Sub-Image SegmentationT"". This feature allows for multiple sub-image definition within the main image (such as the license plate, signal head, or crosswalk signal) far automatic image cropping, post processing and OCR processing and is only possible because of the unmatched i6-megapixel resolution of the base image. The AxsisT"' system ultra-high imaging frame rate provides enhanced simultaneous and multi-violation capture capabilities. The AxsisT"' TC-16MP has many feature options available to aid law enforcement, including AMBER Alert, license plate recognition and '~. optical character-recognition technology and police notification. ©2008 American Traffic Solutipns, Inc. Page 41 .•r-~=4 •.~. April 13, 2009 "~ ».l. ' i i u' J Red.Llghi~L~r~frarcement S - - :~.'t1p9-,27 ., :. _a , _ , .. .., . ,,: COMPACT MDDERN AND ATTRACTIVE DESIGN BLENDS INTO ANY $TREETSCAPE The new AxsisTM camera enclosure design is more compact and much better looking than all other offered systems. The new camera housing combines the video and digital cameras in a sleek, architecturally interesting modern design that contributes to the streetscape in any city. This aesthetic and revolutionary design allows for easy maintenance and installation as well as long-term trouble-free equipment security. Additionally, the new enclosure maintains its NEMA grade qualities enclosure, and retains a minimal glass front feature for enhanced vandal-resistance. Once again, ATS has proven that it has the smalles# footprint in the industry and also the best looking industrial design possible. FLASH S!'STEM The all-new AxsisTM DD-350V is a precision-focused, variable power, Internet accessible, ultra-fast recycle industrial-grade electronic strobe unit. The flash unit is specifically designed to trigger at the same rate as our high-speed camera to enable properly exposes image sets even at a rate of 5 images per second, After much research across the globe, ATS has custom-designed its new AxsisTM DD- AxsisTM DD-350V Variable Powered 350V variable powered electronic strobe resulting in better image lighting, variable strobe Electronic Strobe output, robust and fault-free operation, and self-healing capability. This electronic strobe is available in 350Ws #or rear vehicle imaging. Designed with unique remote self-test and diagnostic capabilities, the DD-350V is the only self-diagnosing strobe unit in the world. It will auto-detect a failed bulb ar other outages and report the failure to our Network Operations Center via an Ethernet connection for mare immediate response and recovery. The DD-350V is also the only web-enabled strobe unit of its kind in the world providing single or multi-unit console control of the entire strobe network. Each component of the DD-350V unit has been vigorously tested far life cycle survival, power fluctuation compatibility and environmental s#ress. In fact, it has survived long-term exposure to heat exceeding 1 BO degrees l= while operating under extreme and repetitive strobe firing with high durable results. It is, without exception, the most robust, dependable and highly engineered strobe on the market. The AxsisTM DD-350V strobe bulb has been custom designed to ATS' exacting specifications to meet the harsh field conditions encountered by an industrial grade strobe unit. In addition io increased performance and functionality, the DD-350V comprises a smaller two-part design which reduces visible size and allows for easier maintenance on those pars of the system that usually need attention. Like the AxsisTM TC-16MP camera enclosure, the new AxsisTM DD-350V strobe enclosure is smaller and more aesthetically attractive, The wide dynamic range of the AxsisTM camera imager chip enables the flash to operate with only as little as 200Ws of illumination output, which is substantially lower output than any competing strobe unit. The ultra-short flash duration ensures that the strobes will not startle or blind motorists. Our systems have captured millions of red light camera images with this flash unit without issue. ~, ©2009 American Traffic Solutions, Inc. Page 42 _--____ __ ........ .---._...___.___.__-___.V_.-__ _____-_ _ ._ .__.. ...._ ----- April 13, 2609 u_ 1 t l rr -t 14 I ~ fF I~ ... ;t ~w ~ ~.i.~ I . ~... i~}. ~I ~I~i l I ~3if ~.~~ ilk j t .~ ~ { I r ~~~iJ1 'rl_;Ln,.rl ~: ~ 1~ omareat Red Lrght.>FRfotcemer~t S FP i - 7 ~---- ~ ~: 009.27 ~:~ Strobe Mounting The strobe unit is mounted on a ta!!er pale, which wil! provide a better field of view and will not be direcfly in the face of ~'~, the oncoming driver. `~ ©2009 American Traffic Solutions, Inc. Page 43 -. _ ~ ._ April 13, 2009 4,I ~i. _'I , E~li~ .~ ~~,~4~i~~'.,li. ,C~ iii I~' ~I 1 ~ j iT ~~*'~, ,~a~r`,t; ~'~ ~~~~ APPENDIX B -SAMPLE INSTALLATIQN IMAGES The fallowing images are samples of active installations. Please note the minimal presence of our equipment in the environmental surroundings. ©2fl09 American Traffic Solutions, Inc. Page 44 .- April 13, 2009 AxsisT"" RLC-300 with TG-1 fiMP Gamera r ~.i I ~tl .~ F , - ~ ,_ bma~d Red LIg1-t F-t~ent ~ ' f . j FP n~o: ~r -. ~ ~~~,~~ ..„T.„ ,. , ~,- t The fallowing is an image from a Greenwood Village installation showing our camera installation on a wall along the side of the enforced approach. Our modular camera components and highest camera resolution offer the City the most flexible installation configuration options. p2009 American Traffic Solutions, Inc. Page 45 -~ ~ April 13, 2009 Greenwood Village, CO Installation ~~. ;.. ., i' !~ ~ ' ~ ~ it i. i I i ',: - E i. ~,7% '7J~u ,y~ li"F~ ~ ;qi~ ~ 4tr ~ i,i ~ ~ r i' ~ Ih~ H, - . ' ' _.. ~,. .M i, ~ . ~ - omated Red Llghlt Er~lo~ettt ~a, . Y ATS customized the system in Greenwood Village, Colorado so that it blends into the stree#scape. We painted the poles to match the City's paint scheme. The following is a picture of the Greenwood Village system. Greenwood Pillage, CO Installation The same approach ofcustom-matching the poles and equipment was applied in Sugar Land, Texas as well. " 02049 American Traffic Solutions, Inc. Page 46 ~*= ~._ - April 13, 2Q09 Sugar Land, TX Installation mated 19ed Light =L~_~rtarr~en~ent - ~~, ~RFP Rd 2009.2T '~ - Minimal Appearance The ATS camera systems can 6e mounted to existing pates and structures as shown. In this case, the appearance of fhe system is even further minimized. ATS Standard installation Using City's Street Lighting Pole in New York City ©2009 American Traffic Solutions, Inc. _~s~., Page 47 April 13, 2009 ~'~ i sj e i L ~ I, J I~ l~ i ~~~ I ~,H ' ~ ._. - _ ._- .. ~~R-r.~~ 09-27 -: ~~ ©2009 American Traffic Solutions, Inc. Page 48 ~~ ~ ~~ April 13, 2009 Comparison between ATS {Single-Cam System) and Another Vendor's System {Multi-Cam System) -' i ild ~i ~ .i~~~'is ni rr~ ~' s ~ ` s,... I p ~~ anai~d Retl;tlghi Enf~uucem~t~ , AFP loo:' 27 "'~ ©2009 American Traffic Solutions, inc. Page 49 _- ~. April 13, 2009 APPENDIX C -SAMPLE VIOLATION IMAGES - , p;i i ' ~ ~~d ~.. i~ ., .~ DTI{ .~Ir~-' 7s"'t -~ iL ,., -.. ;, Qm~ted Red L+g1t~tEnkxcem~nt ~~. ~~ _ "" ©2009 American Traffic Solutions, Inc. Page 50 x April 13, 2009 r __ ~ .,.. ... 1'l tr t I ~~.... f _ I I X13 ~ ' "~ ~' I b" ~ ~ M ~ t '~ ated Red L1ght Enf~crtf $~~` -- _ ~ .~~u- RFP Ne ~2t7D9-27... , - Clear Images -Day -Into the Sun [License Plate Partially Concealed] ©2009 American Traffic Solutions, Inc. Page 51 S4~a ~ _~__.. _...__..---___~_.___~~_ __._...-April 13, 2009 _. ~" i 9 J-. ~_ ~ j,' ~ ~ .W, 6- i~ h i s ~_ , alUill~,~;am~ s ~ sled Red'Llgl>!t Enl'orr.~ment a x ' .~, ~ a Ask wr h~ .Po r+~ , . ~,. ' Clear Images -Day -Rain [License Plate Partially Concealed] ©2009 American Traffic Solutions, Inc. page 52 _~,._---~__~-__ .... ----_.....Y..__`__.._..._.,---____.__,_.- _....._..-----___.__._._.__.. • ~` ~ -~ ~- -~ ~ ~~•~~ April 13, 2009 r i .,. ii c i, yea 7,, ""'!~1rr,.4d.7:~.~'.ui[3.' _ _ A:.I ,..-..s~:I.~~Jr :~. ~.s ~C-•----=--~ ^`~'--..,.ryiv 1'° arn. Clear Images -Night [License Plate Partially Concealed] ©2009 American Traffic Solutipns, Inc. Page 53 -~~ ~~ ~ ~ April 13, 2009 'i ~ I' ~ I i~f~ i F ,~~.,;~ ~ I~ t ~ .I!., i.. i II I ~;. to I I, ~. ~I i ii 1 i f,~ i i i .~ I ~~ 41~Isfl ~ t~1~+i ~ NI I~ ll'~~ I a . ~ V i[ h~Ilte. ""II, ~i ~. ~. ams~ed Red Light Enforcement ~;` - ° - - : ~: ~ - P 1Vo. ~p09-27 ^Ail®4C7JV~Jl;;pp~_- :. L1wa`33mn11~a,a_ _.~, _ ~ Fl~~"Yr_rwaYWruWrla.ll~ Clear Images -Night -Rain [License Plate Partially Concealed] .! ~l ;E ~~'~ ©2009 American Traffic Solutions, Inc. Page 54 April 13, 2009 - - r . ,.... ~ - _ ~~ ~ ~l, i h ~ ~ i~ ~ r= ~ ~ r , a ~' ~ '°~wr~e APPENDIX D -SAMPLE REPORTS ~\ I,.~~- ,: Bf@ff ~~ ~~~ E ~ , ~ AfOfL~!l18t1~.~ L:~ 'OCb RL. `+?An~~' `~Y,,: ~ ~ i ~ ~ ~ ~ ~~ ~ ~ w aj~ 5 ~~ ~~~~ ~~' ~~~ ~ ~~ ~~ N N ra N M ~ ~ ~ ~ ~ N N fV ff ff N ~~ ~~~ wiR ~~~ , N N ~pN S~ ~iR~ N S~ ~ ~ ^ ~~~ an ~ ~~ W~~. N N N ~~ ~~~ N ff ~ ~~ ~~~. ~~ `~~ 4 M N f,r N ~~ of„~~Bi1~ ~; ~, a: ~- ~~ :::. V .~: ©2009 American Traffic Solutions, Inc. Page 55 ~~~~ ~ ~~ April 13, 2009 i .... ~~;i _ '~; i I~„ i ~ i i r,;. ~~.,5~ { [[': i i i ~ I ~ i~~ li Phi i`~, n~ tornafed Red; [.1ght Enfdr~~tent ' RFP ~1a~ x'0199.27 ~~ ""~ a ~ i ,:_u,r` v 1:/ N +~ y ~ r _ U ~ gWe ~ ~ w 0 w A ~~x~w~~W ffi~~~~ -~+~mr~inrv ~~o~~ • M N 4Y Vf W ~ ^ CV Oh V'1 i i R1 ' '~^f SO .-~F~ N ~C ^~ma'i . ryh~ ' RI N41i f0 i`p Ir MN Iti Pf [O r1~.R o N 9o FI tO 01 ' Nac ~f InNNQ1 V,~N~N ~~r-n~~~esw w~orv~ f+1 M1 n'i R .- l(1 C'i Ir Nl fV 4~ ~ N 1'r NU'1~ ~ N~~ ~MNAP'1~ Lp M i'? Ni N w N ~ Iti N r'W p tD ~ ~ •" N ~ ~ r ' ILI T 1n e 8g am ~ ~ ~ ~. 1Y .6,K ~" ~~ 1• ~_ ~t .ia S ~8 '` ~~° 02009 American Traffic Solutions, Inc. Page 56 __~-.._.. ~ .~_ ____ _---- -__. ___ _ _.._ _.._.._ V. Y _ _.--- _.._ _.... -----...__,~,_.__..~_. .. ___._ __.. •~~ ~ April 13, 2009 ~~i~i'~4~ I' u~l ~C ry,l '~ . ;~,, tunefed Red Llghf ~Errfwcelment Sy1~ ,~#; ~FSg~' '{ '~u ~ N ~ N O J Y- ,,., ,. N 01 47 ! ` 4'Y f 90 M y~ `+ ~~i~ lQ M ~r N I.. ~ Fl lp Ol (~ ~J ~ N 4A N ~~ ~ ~~. J 4 W O N ~ ^ ~ ~` ~ rtN ~ . ~~ ~ ~' R ntiery~ ~N~Ir g pp N ' N w N ~ ~ O 47 , F 9 ~ ~ it `+ _ Ei ~~ O ~~ 8 s ~ o ~4 1 ~.. ©2009 American Traffic Solutions, Inc. Page 57 ~~' Apnl 13, 2009 _ ~ ,! '~ ; ay _ ~ ,. °"~ 'fin ~ %~ Ei ~• - ~ - _ i ,. _ f '~tc.T amated Red s Light fnlarcamerrt S~" RFP Mv:'2b09-27 ~ ~~ ~ o~ryry ~ ~ N fV C+l n1 CV N '~ a ~' ~e S ~ c ~ it rt co a5 ui n: ed ~d /~ <-r ~ ~ bS ~ ~ ~ d'S 3f ~ ~o v ui ~ ur r.i n o 0 o D o e ti:~V C ` i ~ ~ g ~ g a ~ ,. ,, ~~-.~.. ~ Y ~ ~ ti ~' W ~ f~5 ~f N ~ ~ ~ N . ~; W t S 'vS ~ ~ X75 J W uy ~ q ~ ~ Q r r OO~ ~ ~ ~ ~ ~ G i ~ ~ ~ ~ ~ ~ i , ~~ :~ a ~ ~ m z ~ ~ ~ '~ ~` ~~ ~ z i ~ ~ _ y { . ~ ~{ '~::~ ©2009 American Traffic 5alutions, Inc. Page 56 _,...., ... _. _.____._. ~..._._, ..., .....__ . __..._ _._~~.__ .. .. ........ .. ..... .._~.... ... _._.._ _ ..... ._----__ ___..,.._, ___ ..~__..~W____ -tt'-~'z~~~ ~ - -~~ ~~Apri113, 2009 $ r J ~] O 4 ~ ~ ~ m ~ f ~ ~ {py ~Oy !q HY ~ ~ t y F St d ~f ~ ~ _ ~ n ~ ~ n ~, ~ ~ ~' ~ w ~ ~ n :'r: i'{:~] M ty '~ f ~- 2 iH f.V ~ M ~ ~ ~ M ~ ~ ~ ~y •- try ~ y O ~ K ~ r ~ m ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ q l~" r ~.:.1, ~J t 7 ~ 13 e4~ i~ y~ ~ U < s ~g f'! ~t ~ ~~® ~~~ ~~ ~~ ~~~~ ~- ~' w Y ~ ~ m K tV N~ r F N 'x N W 41 ixG ~~ ~ ~ ~..,. ~ ~~~ . C ~' 'Sj CJ ~ _ 23 ~ 7e ~ i~ ~ '~ n ~ r n X ? ~ ~ i~ ~ $ ~' ~ V ~ ~ a ~ „~~ ~ ~ ~ ~ rt ~ N ~ r w n 8 ~ ~ '~ ~ rv ~ ~ Y m ~ W n ~ ~ ~ ~ A°w, ~ I~j T ~ ~ ~ ~ ~ ~+ ~ n ~ w ~ n rt ~ r aG r~ i * ~ 'o u~ w n 5~ 4 ~ I: a ~ g ~ a ,~ x ~ a I"o ~ a ~ S f?; ~ ~ ~ ~ ¢ ~ '~ 3 '6 ~7 ~ .~ n. ~F p .~ a ~f n. f ~ f g ~ ~ ~ f ' F ~R 4 LL ~ ~ o ~ x ,~~ F _ ~~ ,.~ k~s nrat~d Red t~ghr ~`ntvrcen~entS~f' ~. RAP -ib:-~d09 27 .. "~'"~ 02009 American Traffic Solutions Inc. Page 59 ___ _ __ _- _..~.__t.---_V_.~_Y~_._. _ __..~____~ - r__, s -----....__..__ _ _._....__. _.__~_--_~---_~...... -~~-~~ ~~ ~ April fi3, 2009 ~ ~ C ~~ ~ r~~x ~ ~' ~ ' ;i?' ~ U-1Fi'~~i iii- ~ i s:2~ 1,.;~;k a ~• ~~ oimated R1stl Liytlt Erli-a~'ceimea! 'a~~~ , ,. a,~i; POLICE DEPARTMENT PHdTQ ENFORCEMENT DNISION I Submission Criteria _ _ _ _ f -- Location: ~" _ "`Event Start Dats: 11111/2008 Event End Date: 11111120x8 1,200 8pp L O U 400 U H ~ Hlstopram of Racordad Traffic For Study Period C O d ~. 7 C7 4 C 7 3 2 1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 Hours of Day Totai Traffic by Houro of Day Lane 3 Lana 4 Lane 6 Total Vlo's Evem's Vlo's Event's Yro'a Event's Vios Event's VbRata E~ty Homing Hours -00:00 AM b 06:40 AM 0 98 1 t$5 1 121 2 404 4.95 Mgming Rush Hours -06:01 AM b 09;00 AM 0 614 0 834 0 584 0 2,032 0.00 Mid Homing Hours -09:01 AM M 1 i:4D AAA 0 492 1 522 1 458 2 1,472 1.36 Lunch Time Hours - 11:Oi AM to 02:00 PM 0 T92 D 1,129 1 964 1 2,905 0.34 Mid Afternoon Hours -- 02:01 PM 10 04:00 PM 0 531 1 743 1 645 2 1,919 1.04 Evening Rush Hours -• 04:01 PM to 07'00 PM t 963 0 1,205 1 1,140 2 3,308 0.60 Evening Hours - 07:01 PM to 11:59 PM 2 644 2 768 1 704 6 2,116 2.36 TOtal ~ 4,134 5 5,386 6 4,636 t4 14,156 4.99 a,ooo w, s,ogp c ~ z,DOo U r,oaa w ~ o C i5 S' s c7 s o c 4 3 .r D Eery lAamirrp Homing Rush Mid Homing Lun[h ThiE MW ARemoan Evening Rueh tivaninq Tim. of Day ~i11~1312008 2:26 PM Page 1 of 1 ~° ~'~~ ©2009 American Traffic Solutipns, Inc. Page 64 ..r°F51j -. _..... _......._. ___- . _ .._ __-April 13, 2009 Summary of Traffic Countsd by Time of Day ~ - II I ~ .. ' 1 1 II i i I I -- ,1~ I 1~ ~ .I I I~il Ir Il,~ I! ~ III IF I I I a~:, F Il H 7~ I~,1~NI ~J,1~~r~~' ~ ~ ~~ j,v . 4~' "~ta~±';~a'~ APPENDIX E -MAINTENANCE PLAN A..1~..~~e~J 17~J'e :-Li.t-2____~ ._~ w" ._~Yla. - - '_Ltl DETAILED MAINTENANCE PROCEDURES Remote Monitoring Processes Site Connectivity ^ WhatsUp Tool -Web-based application that allows the real-time viewing of a site's connectivity. ^ RLC Site Monitoring Process - A process that utilizes the WhatsUp tool to determine site status and connectivity on an hourly basis. If any site shows a connectivity issue, ATS' Network Operations Center (NOCJ engages in a series of activikies to restore the connection, up to and including dispatching a field technician if necessary or working with the DSL provider to remedy the situation. _ -- i ~~.. ~Lme _ _ i Erll~1[ ~ _ . HecrdE_ _ saae~ut T°°le MY.t[CLtl~L~ > US Re d uahY Cameras > J1tl Sties .. ~LIImN ) . _.. ....... _.. E~ .. .. _ Sus[ .".... _ ___ ;Dedca Toe . .__...- 1 Ryp ~ OIISYSeeYM'~'2 ONSIa Gahwar2 .. RoNer Nrions Aoolletl ~ ~ ~ ~~ ',L ~ ~ A017A03 Controller H091 ~. ',I~ A6YU03 d4H A011A03 DVR i HOST ' ~~ Sp11A~.l6~Yp aLVAp3 YOeem f~Odam {F19UC6h101 CPII l1Ya~llan I is A01l~Ol Clv AptlA03 Pk LIAw DM¢a Hmm 1, A01lM1 Ge9dch wvap30ualech Ho91 10 IMmdrlJtlltratlen ~ ~- A02 COnhelllr NB Ha91 Imf ~ ~ A62Dumecnu6 H¢~ PlnoRnoonee Time j ~ AG7I+~4l.E~16 M103fF0e DVR Hest II ~ dY2dl4l.l~ ?~GLA6~ YoOam Y¢tlem N~,~Caelry ~ ~ AYNas4l.PJlt AU71W~ PIt< Clew DMw ' ~ S AGl.r.5! Age Gprmpuar SB Hod :~ ~ W<~~~~ Hoe1 A^S [ontoNrMIB ~ F05 Cmtrollar4VB Hen1 ~ ~I~ ~~^~~^~~ ~^ Hast - ~. I ~ AOSlM&A07 DVR H d , s AOSlMNW7 YOAem ¢ Y i I~ AONAOWA07 Pa oam(DSffCaNe1 _ i ~ ~~ M8 ConbWlu NB CI9MDeaa Hod .~I WhatsUp Screen Site Performance ^ Video Remote Access System -Loop adjustmenUfield of view -Tool used to adjust video loops for car placementlaccuracy ^ Remote Wireless Detector Maintenance -access points, car placement -- Tool used for the wireless sensors to verify proper settings and car placement ^ Eveni Monitor Tool -Automated notifications at 12 AM, 6 AM and 1 PM of sites that have had no events in the past 24 hours ^ Loading Error Toal -Automated emails sent hourly that forward RLC-300 loading error files for review ^ 5trobe Out Tool -Automated emails sent whenever an infraction is loaded into AxsisT"' and the strobe appears to be out ^ RLC Exceptions Tool -Automated notifications from RLC-300 that are placed an the FTP server to alert when RLC exceptions are met such as camera failure, no events for extended duration and na light phase for extended duration ^ Daily Speed Summary Toal -Automated email giving previous day's speed statistical summary sent at 10 AM ^ No Events in Histogram Tool -Automated emails sent at 5 AM giving an alert of any speed infractions that did not have events in the five-minute histogram ^ Daily Load Report -Process performed by RLC team -The team uses the event monitor notifications to investigate any sites that reported that na events have occurred in the last 24 hours. "~"~~' 02009 American Traffic Solutions, Inc. Page 61 ~~~' :: ~ ._ .,, April 13, 2009 ' I I I '. ~:~{ I III 1 rll ' .. ~ ~ir~ - I ~147i'i~fl ~ Ir ~. ~ 1 I II 'i ,. ~I il~ill~ ~_ '. _ 1 -~ ~i ' - ,_ wneted Red;Gght Enf~cemenf , . r _ P'Na.r~09.27 ~1 -- - _.~ -~~ ~ ,_ r, . r ~~ ^ Strobe Outage Report -Process where the strobe-out notifications are reviewed and #ield service tickets are created far strobe outages. ^ Daily Speed Analysis Process -Process where the daily speed summary is analyzed and a field service ticket is created for any lanes that are outside the established threshold. Trend Identification All trends are noted and reviewed within the Axsis;"" application. The application allows fast identification of a location and lane specific data. It is used to determine frequency of non-events, lane activity and common rejections. It also allows verification of video. Video is verified for timing, exposure, field of view and focus. The image quality specialist is not the only quality review. Each infractions processor who views images in the citation processing system has a responsibility to report any laps in quality. A dedicated mailbox has been established to reach the image quality team, Each IQ specialist has a region of responsibility with oversight coming from the image quality manager. Every emailed issue is given a severity rank, and the IQ specialist will verify that the issue is being worked on or that it will be repaired in less than 24 hours, PREVENTIVE MAINTENANCE PROCEDURES Along with the day-to-day support and maintenance that is performed on the systems, ATS also u#ilizes a monthly preventive maintenance program to ensure that each and every system is functioning optimally. This program consists of the following activities: ^ Gleaning all glass (camera enclosures, strobe haUSing) ^ Inspect all enclosures for proper seals, lacking mechanisms, etc. ^ Clean all enclosures (remove graffiti, dust, dirt, oil) ^ Inspect and tighten all cables, connections, terminations ^ Test all detection devices M<iN hle~llllw WYe•ns~[Mel~[ p. _ B¢e JD ____~__ Lv.n.Anun __ TeCir~n.rt _ -_. _- RLC.wW N TM hnMn nn Re-Care ~ Qean mlopre. tl.t rm ~~~- ~..,.~ I __ _8iry6.Hwtlrq_ __ ~ _. _...- __ ..... a~.ala„N~ . R~a. ,.-, .rce.w m . tfi.[k4 Itll.[9m Orwna +~lG 5ppb. 158 s.k A Wae..lo . a~a....~ __ _ ..__ mr,--w woee• m. xwn .~ ~~• un_ x canes mn.a : x rbe.R~ nmwJ-. ..._ _. __- .,.a -. ..._ Preventive Maintenance Checklist ^ Test full functionality of the system (triggering, test shots, strobe functioning, video working) Preventive maintenance will be performed either on a scheduled basis (at least once per month), or in conjunction with an onsite maintenance visit. While a technician is at a site responding to a maintenance event (outage, field of view tuning, etc.), they will complete the above cleaning and inspection activities, in addition to the service call. Preventive Maintenance Activity Details Cleaning Since the quality of the image is directly impacted by the clarity of the glass that the camera shoots through, it is critical that we clean the outer enclosures and inspect the lens covers and polarizers to make sure that they are as clear and dust-free as possible. Also, since this equipment is visible to the public and represents bath ATS and the client's operations, we take pride in making the system look as aesthetically pleasing as possible, by removing any graffiti or dirt and grime that builds up over time. "'' ~ Q2a09 American Traffic Solutions Inc. _.~ e1K Page 62 April 13, 2009 I i~ ~ ' T aenareti Red uy~iir EMnrc~nertt 5s . Overall Site Inspection While at the site, the ATS technician will also perform a visual inspection of the site environment, checking for any obstruc#ions (such as tree branches) that may hinder the quality of the images. The ATS technician will also check road surface conditions (critical to speed enforcement sites), signage and any other possible obstruction. The technician will take photos of any potential issue and relay that information to the services manager and the client project manager for corrective action, Power Tesfs While at the site, the ATS technician will perform a variety of readings #o test the voltage coming to the system. The technician will also test the voltage being supplied throughout the system and will make sure that the system and its components are grounded properly, ~nsite Repairs In the event that a failure has occurred and the problem cannot be remedied remotely, a field technician will be dispatched #o the site. A service ticket can be generated by a variety of sources: ^ Image Quality Team - Creates a ticket for field of view, focus, lighting, video and timing issues ^ Network Operations Center - Creates a ticket for issues pertaining to network connectivity and sites that are offline ^ RLC team - Creates a ticket for triggering issues, device function issues and speed validation activities ^ Client Liaisons -Creates tickets for notifications of knockdowns, other system behavior or issues identified by the client In the majority of the cases, the specific diagnosis has occurred and the field technician has the required information available to ensure that he has the correct parts or specific adjustment instructions so that he can remedy the problem on the first visit to the site. Once a service ticket is created, the field service team will review the ticket, prioritize the issue based on the severi#y of the problem, and assign a technician to go out to the site. The ticket will be tracked in the system to watch for aging, s#atus and ultimately closure of the problem. If the problem impacts the image in any way, such as field of view corrections or camera settings, prior to the technician leaving the site, they must obtain approvals from the IQ team and confirm that the image quality is acceptable. Tickets can be assigned by technicians themselves, team leads in the field, regional service managers and the Vice President of National Field Services. If a ticket is not closed within the determined SLA time frame, escalations will go to the regional service management and to the Vice President of National Field Services for corrective actions to take place. 02009 American Traffic Solutions, Inc. Page 63 ..^"~% ~' ~ April 13, 20D9 Legend: Project Main Task Activity .Public r rarnrng ~ Awareness Scott Teresa 43enton, Nie~god~ci, . Public Learning and Relations Development , C `-_ `` .` rrprn~ww~_ rrvey-A,~ <-T4r+ea-ants CanTrYirip ~~ Rocerr~~ iwrnenEys4m - - -. -- 1 ~~~ . _ M~IrwyrkPUEtic ,.;_BegpYpBsrtoii ~6PWi. ~` -rAr~rrr~wapye, ~hT~ Rwi~ ~ ~ Cwiwrri;~ ql p+r~ 'ari+awrwq. ` ~ cor~.r Prrr .. .._ _ a: .~ ~ ~ ,, ,,, ,~ .iii ~` -~ - . ^~'~.`- I, -YN®IAOtttffi~' Digital Images ~~~IYI i 1r~~ Violation Processing Workflow AxsisT"' VPS supports the following system and service capabilities: ^ Field service image quality audits ~ ^ Chain of Custody support • Digital image loading, image cropping and image enhancement ^ Initial image -eview and license plate entry ^ Extensive U.S. and Canadian DMV accessibility through NLETS Miff ..:.. :~:.. ~. ~. il~~ V ,. ~~ -... r-: Prilica Review Cilalioe~ G~arallan • Pay Dlapute ~B Void ^ Multiple Plate Types Selection Screens ^ Routing of violations to the Contract Administrator to review those with fictitious plates, altered plates, suspended plates ar those reported stolen • Quality control image review by a second and third operational staff member ^ Gitatian printing and mailing ^ Web, Lackbox or IVR payment processing and tracking ^ Document Escalation I Process Serving far over-due unpaid citations 1 notices ^ Postal returned mail processing ^ Transfers of liability based on identification of the driver ^ Customer call handling and support ^ Hearing and Adjudication Support including automated evidence package generation ^ inbound and outbound customer correspondence management ^ Statistical, Financial and pperational report generation • Archiving, data management and security ~ ~~ .~9~ tci. ~, ©2009 American Traffic Splutions Inc. page ~~ April 73, 2009 APPENDIX G -- AXSISTM VP$ .!w L Ilillii ~~ ~t III !. I 1 ~~ ~.i ~i Iil i. 1 i is I q` ,r ;~; I lrl ~I, ` ^',ll I "illli p {„,run . ~ ~„ .r I•~;'j,„ ~jl~„~~,I~i~lu" >~' a ~'~^+ Oltlaf8ti Red Ll ht EnfOrCC1-t~-tt ~~ 2009-Z7 D - - ~.. VIOLA TION LOADING AND IMAGE CROPPING _,. , _ I .~.. -. € w.°.- ..~ ~_ _ a ._ ~ Imapr Crapping Plats Entry ..r R... -- ~ _ _ ^~ r ._.. .-_..,. « .. ~ ' '-- ~a ,.... - - r Final Fjeview Police Rerrievir Citation Generation Violation Loading and Image Cropping Step The first step in the process after automatic data retrieval is image cropping and tuning. Unlike other vendors which use a separate plate camera, the plate image is extracted from the original full scene image, ensuring the integrity of the image set and chain of evidence. --- '~, t?ualrfy Assurance Note: '~ Unlike many other solutions, Axsisr"' VPS wi!! not allow vroiations to be loaded that do not meet minimum data quality standards. These types of safeguards wili maintain the credibility of your program and keep news organizations focused on the positive benefits of your program. PLATE ENTRY ~~ ~~~,:. .«.,. ,.» _ . ~ ' : ~ ., r_~. ~s,_ ~ t-. ~.... -~ ~ __ _ ,fs ~a~.. ... _.._ 1+~9e ~PP~9 Plate Entry ...Final _eview PWice Review Citartlon Generation _~ err ~~.. Cow ~~~, Plate Entry Step '"" h~ ©2009 American Traffic Solutions, Inc. Page 68 _F~:, ~ r.. April 13, 2009 i ':a ~ _ ~7 ti ,° I - i r ' ~ i~l~° I i- i ~ ' w ~ ''~~ ~ ~ ~~ i ~ , , of i i,i~l il,,;. ' ~, ~ ~j ~ ~' omel>'ed ged'LtghtLnforcemeftt~Sf'r"~ - - F ~ ,u~1~11fG '1009-?7 .~' tiLteR.15~{Ti7~na~.&:~r~a~~G~t~.-v®nm~e "'+'1~"!y1r,'gbyll~YlPlt~R!!!r The next step in the total quality process is the image review process called Plate Entry, The violation data and images are automatically forwarded to the Violation Data Entry Specialist by the AxsisT"' system based on the violation date; the oldest violation is always provided to the reviewer next. ~ ~ruar~ry assurance Wrote: - The Axsis rM Plate Enfry Screen includes an infegrafed database of license plate sample images for every stale the U.S. and Canadian Provinces. As such, Image Review Specialisfs can compare the official sample plate colt ', and letters to the violation image to provide better qualify assurance for the Ciry and reduce mistakes that lead 'i wrongly issued notices. MOTOR VEHICLE REGISTRATION DATA ACQUISITION/NLETS CERTIFIED ~`: ~ ~~ ~:,~, ~ ~- _.;~I Image GroeP~9 Ptgte Entry 4~ts Final Ri ~. `~ 1, InN~ ,.~ ~. Vehicle Registration Data Step -- „_--_ - =-- ~` _ aw Folios F2eview Citation Gerferatiar~ This step in the process of owner registration data is obtained automatically and without manual intervention by AT5 staff or the City utilizing an automated online and real-time interface established with NLETS (National Law Enforcement Telecommunication System). In addition to the NLETS portal, ATS also uses and maintains direct connections with DMVs across the country. We also have relationships with third parry data providers antl data mining service providers for skip tracing services. We process thousands of violations every day for our customers in 15 states, each of which also generate scores ofout-of-state violations and record requests daily. Our hit rate is entirely dependent upon the quality of the data provided by each individual DMV. The current rate is in excess of 95°/a. Our NLETS Strategic Partner certification, which was granted in May 2006, is below. We were the first certified NLETS Strategic Partner in the photo enforcement industry, and have added DMV interfaces for 18 states and one Canadian province to the primary NLETS portal. It is important to know that the NLETS portal simply enables the approved vendor to access other DMV databases. Each state DMV interface still requires specific, individual integration and testing in order to access data from that state. ' 02409 Amarican Traffic Solutions, Inc. w~! ~ se _ Page 69 April 73, 2449 ~, ~~,o d OlrRB~Ed RBd-~L~~ttTt El?fo1£811>SIJt 5~: ~^~v~rr.-um~a::i~.-i~..LW - - ---- -~.~...,.~.~~..,... I .-~vu~^.r.,, ~r-iu..ww . , ,, Pc~Le~ed t3~ ~,~,-. ~~~ Nlets, 'I'I~e Irtt~rlnalionQl .luslice and Publk Safely Network N~~#'S S~1'Ot~C ~Cf~T1@I" desigrxafiion is ap~raved by the f~lels Bc~svtd of birectcsrs to Amenaan Trams Solufions, lr~c. ~ ~'or the so+e,pur~w5e of ~tipvitflryg secure, timely ~ci occur~te ma#ar vt~~r negrislraffon doicr to the iaw erlfarcerraenf G'gnwravn"s~' viv the Mlets sys~ern acid ~ r5efworie] ~ Granted: 12, 2{tt~k ~., r 'l ; ~ Steren t? r~arrelL frxecufive Darecdar, fdfets Marie iua119rnw~r larwrr Yrrd tawxw Nke a 5~-1 ~,?.+/{! "' r ~. ~`< t r t~ ~ ~ii:.~ '~ ©2009 American Traffic Solutions Inc. Page 70 ___.Y._._. __._ _....._...._._____- __ _, __ .. _. __._._.. -~_'- ~~~ April 13, 2009 .~_"'- _" '~7: i ~'I' 41d I `' I I I I II ~ II I~ i ~ it _, I '.. - dkRL .r. IN' IIII ,11,~r~V~U ij13[ `°»q `k` - r .,:_ ~~~e. ~~~1"i ama~etl R~dirght Entvrc~nrent 5,~~~~ "p1~siffim~~:~a~M::i- ., - ~--m.v~.~..~.,.. ,~ ~ ~W Lcm•~ra ,:,Y... ..r.•~in~s TYPE SELECTION -: ~ ,::- Image Gopping ~~ ~_..~/ Plate Entry _ Final ewew Police Revievr Gtation Generation ar~rr~ .. a~~~ Type Selection Step If multiple registration data is returned by the DMV, then the violation image is moved to the Type Selection process. Here, our Quality Assurance Specialists have access to decision support tools to show every plate and the rear images of every vehicle brand and make. Because the AxsisT"^ RLC-300 camera captures data with such high resolution and color, day or night, the make and ~ model information is more easily apparent on the captured photos. Sometimes, state DMVs will return multiple registrations for a single plate and the AxsisT"' VPS system allows the Quality Assurance Specialist to select the appropriate registration or to revise and resubmit incorrect license plate information. FINAL REVIEW -. _ _-- . t ~ ~ t - _ '. - - _ _. -. . e,. i ~"~: °. ~ 1 ~ _`_ ...atilt ~ -~ ~'~! ~ t~9e GoPP~9 Plata Envy ...Final PaFihoe Review Citation Generation ~ .,... ~. w ~_ \/~ ~ ~~ ype . ec Final Vendor Review Step In the Final Review step, a second ATS Quality Assurance Specialist performs a final review of the violation images and verifies that the vehicle license plate, registra#ion information and vehicle information matches the vehicle shown in the images. ,~ ©2009 American Traffic Solutions Inc, page 71 ~`~`~^ ~r April 13, 2009 r i ,- _. ~ , ;_ ~ - r~ I ~ {t r ~ i ~i POLICE REVIEW ~': ~ ~.. - ,. _~ - ~ Image Crapping Plate Entry tr~a~~' -` ~~ Police Review Step Citatksn GettAration Authorized City and Police personnel shall have the final review of all violations and their images. Using any computer connected to the Internet over a VPN connection that will be implemented between ATS and the City, assigned City personnel can view, approve or discard any images of violations. This process averages 20 seconds per violation. The system security is enabled through a VPN 3DE=S encryption, so the Police can be confident that no unauthorized tampering or usage is possible. At Police Review, if the violation is un-actionable, then the authorized personnel will select the appropriate reason and reject the violation. A carnpie#e audit trail of rejected image reasons is maintained, Sample AxsisT"" VP5 Police Review Screens are on the following pages. ©2049 American Traffic $glutions Inc. Page 72 -.~~~s : ~~s~ ~~~.:sg April 13, 2009 i i ~ I ~I~ i ~' ilii~ii , . ~ t ~~~~r 1'1~ ornated Red~trght Enfarcemer~f S~'"`` a i11a ~t709 27 x?zcnirdiacaw, Ralfiwi~am~Nr.~ur. '~ wi.m:u+lmuvrn-.~ww.p.~...e,. ~L': r. 2~'."A The number of violations remaining to be processed at the Police Review screen is shown above the selected image. Ct'1"Y OF APOPKA, Ft ~ MOMR :.owue n,lE>n' g lp4aVr VIO4~TiOM -IrOC[51fN0 S ImagyYldsb COelrols Gamma CZAR ,._~.. ; _... ~~ ate: ~ ~ 1~1ate: 194V$~ i -_select RejeQ Reaoo~-= _ v~ _... Yfoia6eF.iMrww~atfoa'. :., -_._.. ..... .. .... . , t~C,aaMeercfal last SMRFI . Fkst ,TORN Mlddll; r~OE Addresz L• taunw~rsrnEET _~_.__...-~ ~aa~ z: ~. "~`1 nn• :~zzr.~~ooon YehKh InroTVNrtlen Yri4 #: ~.. _ - ~. _7 Year. 2003 ~~-~°~ ~ aD....... __. Mahe: uNCnua MOdel:~.`_1 ~~lor:~ cow a ~~ C "J i_i riyhl }rJL~]:.T y~ic'gn ~~.. i_ ialYliGr~s :nc. s~~ R.~g~Ci ?41.i.ag~- YWlitlOe InfoemN{en TYBe: REO TIGHT V[OLATIpN DateInns: er~oD~ 2;43700.6 PA1 1 loratbn: N/e 5HEEiER AYE • US441 NOtRaF Police Review Screen - A Shot [License Plate Partially Concealed] [The data on the screen was modified to protect privacy] '`~ " ©2409 American Traffic Solu#ions Inc. YasnG7crs3. ,,. ~ ~„ Page 73 April 13, 2009 --- - ,~ i '.', , _._ ...._.. ,; alai ~;IPII,~, ~;.,=~ f' 1 .': i ..:~f1 i~ i' ~ I iii,- .. - I, } 141 ~~ +I h'y' ~,.1 M 1 ~ - ~, ~~,Fi.-~~ ~y~~ . '~~ omsfed Red,Light Enforta~rrrenf'Stle~f``", n'<a~.~'1~;1]t±'.uh:~ru;tPtrzam~an~ro~.raa:lr~a~nsluia~.: -~ ---._.. __ ..~ _ '~~?'..es..a[?~~"",f~^"'.~"°'~ CITY OF svOVIC4, Fl Q xpA![ ;p~q}I~ ~~ ~ InGrxl7 Y[OL~TAON PIIOCESSIN6 a ,w. _ ,._ ~,. _~ ...~.,.., .-._ _....~,_w__ ~ .r1 l~ae/video com:ols Gamma ©Ali ~,.~ s~PUE : R s~ ~.te: 194VS~ , 1.--s~leccit~a ~~a.~-.~ ~`---- yloY.lior Yerwnntb„ OCai1M11erciai Last• SMITH .~ ftrsl: dOhw -__... ~ Niddlc ~~ Address is 7731 A1VN STRBEr City: ~~~~ 5ti1E: ~F'`L" _ -~.-,~ L.__.._ ____~~~ Address 2: ~__~~ Zip: 32773-0000 VIN i:~~~~~ Y[ar•. 2005 ~ Sly!! 1D ._.... Make: uwca.n ~-~ Model: ~~ C4lor. ~! t, ". -, i~hl ~.,~i' . ~...r~_m.r r.~fF: S~~~uti~. -'r Ir':c. ,II ii }~^-t~ ~..~ :~..! vNAletloa Intomlatioll Type: RED LIGHT VIOLATION Date/Ttma: lI22ROW 2:130.6 PM 1 L.ocatloa: N/B SHEE:LER AVE ~ U544 i Mgtes Police Review Screen - B Shot [License Plate Partially Concealed] [The data on the screen was modified to protect privacy] ©2009 American Traffic Solutions, Inc. ~__.. __ Page 74 ~~ April t 3, 2009 ~ __ '~'' ~, ~ , , ~L4 . ---~-~. _,... ,. ~, .,~ D u i ~,i, i ,r- ~ i t i~ ~,~ ~ tamated Red LrgfTf,EMrn~nt - _ - F.1Wo'2009-2T Mrt~ ~~r 1 n ~ lihl~n'~~K~++3~a~t ~;~?~ i~r fl3 HAM ..,. ~ ~`{ - -.. ' .-, ,i.. ~..4 _r, CITY OF APOCK4, FL Q MoMf :.cswwe CttExr ~ toeour pppppp VlbunbN ~IIOGlf6IMG - . Overview 1 overview 2 pia[e ROI Violation Count: Imspe/Yldeo Gantrola Gamma ^ All _'., ~,. ; Vlalatloa IhforEnalfbn Type: RED LIGHT VIOLATION Wte/;6ne: e11211D0T 2:4S:OO.E PM 1 1.-aCaNa~l: NJa SI~ELER AVE ~ 115441 ,Notes,:.., SANiPIE ' ~ ~~ Plate: ~.~v~ j --sele~* Reiea ttessar,- vb6tar Inforafaliae - - - - ©Colalae-cial Lass' SMrTH _ - - ~I First JQHN Addlrss l" 1Zi1 M4N STREET ~ clty: Aridness Z: ~~~~ Yip: 32773-0000. ~~ ya4tda~Ieforlwslbn - ~ - YIN •: 7fE••-~~ Year. 2 0g S ' ~I Make: LIN(:OLN ~ ~ - -'- ^^- ~- NOdd:lwy Middle: ~~~-~ Stall: ~_-.-.-- Sl~rle ~o Cbklr: ~"," "~ ~~ V~~ e>. e.r.. yn rnr 2607 Am+...an 'ra:{~; Sc-3~t~:."~s f,.c. III ~tgh5r ~ex~-: x~t Police Review Screen -License Plate Close-Up [License Plate Partially Concealed] [The data on the screen was modified to protect privacy] `~ ©2009 American Traffic Solutions, Inc. Page 75 __ __ _._ ~.._- .~ ... ~..-_ _ _ _.. _..-.._, ___... w.. _...--- __.. _.._._~__~__.. ~,_ . - "-- April 13, 2009 K• t 'A 1 rs ' tDmateuf Red Li Enfo-icemenf P„Nu ''21709.27 b ~TIfP3~,.i0iF~,~.11?i1Y.'1i'lAtlYd.. - __ .~~ 99Y' 3~"~'N`°J'I'XY1h711~~?E!4 The Police Review screen also provides acursor-over pop-up which effortlessly pops-up a larger image of the selected image. When the cursor glides over the magnifying glass, the selected image immediately pops up and overlays the screen. No clicking is necessary. A sample is shown below, (]ryC~'~ CIl'Y DF AVOVKA, Fi Q HuwE tcnu~ee wEH* ~ Lo~Wi ~, YIOLIi~QN IIIOCE!!]NG ..r -'-•- IQilel,paiOpE Overview 1 Overview 7 Plate ROl 1~Qe/yb~ ~------ L Seted ltejed Reason-- ~ _ - v, ...... _. .walatarleforntetfon _ - - - _. ..~..._..., ... _.. ,. - _ ^ Cwaleetdal lASt: SMITH ii-!t= JpiN MidAl: ~JOE`~ Address x: ,zir 1`wNSrl~er Uty: ~ s+lar~ ~~:~~ ~) Address 7: ~;.µ~ zlo• 3z»~e666 veelrlrl. rafo...,uon Ylli #: ~~~ Year. 2065 ~ Style 40 Maloe: uNCOEN Hudak )tl~"'w'~ rte: f a Vp5 _' RED LlGFIr YIOIATSON !!2Nd001 2:43AOA PM S NIB SHEELER ASIE ~ USa41 Police Review Screen -Pap-Up image [fhb data on the screen was modified to protect privacy] "` OO 20a8 American Traffic Splutions Inc Page 76 ,.~~ F _ , ~ _ .. _._. . April 13, 2409 !tE- art "'<''""+Awi~lwrMy~ ~~~>W9OEdWl114M1111~1 .,~ `~ OIf~~4'~AB(I~Ighi'~,M~fC~I>il8flt ~'-inJW_,~' - - RFP No. ~ 27 , i•'.F1EE~fR'£>194Ga1f~3>iL ,i -~ean~urm~.rlsb - ~.~ ~'. r~~"''r~Pi~!!f!3'~f'~ Authorized Police personnel can review and accept or reject violations in AxsisT"' VPS. The Officer can select a reason for rejection from apull-down menu. Below is a sample screen shot. tx~xse~u~ SAMPLE state: IL ~ Pla#e: ~7 ~~~' ~ ,, Ptate Type Regutar ~~~ ---SsleciRejectReasort--*_ ~~S' YFolator In#ori Q Com:rrercial Last: Address 1: C Address 2: C 'Vehicle In#orn VIN #r: C Dalc+e: CHE CAMERA.- L];iiTY LENS It- CAhAERA FOCtJS - REAR CROSS LANE: TRIGGER l7MV AD[}RE~a MISSING-UNAVAILABLE DMV NO MtA'FCHES.i]RitEGpRDb E:MTII+OLICE1FiRE/CiDVJ[}IPLpMAT ~ 1 FLAGMAN 1 WAVETHRU '' `~' F[1NE:R,4l. PROCESSION- ILLEGAL RIGFfT HAfV{?,TURN -.NOT ENFORi ,_ LANE CHANGE-NO.EVh1T i . Diddle; ~~~ Skal:e: iL ;;i!; LIGHTING - FLASH. QIt7 NOT TRIGGER RE: - ~ LIGFtTINC3 - LDNf LIGHT - NO PLATE ID ,NO VEHICLE: PRESENT Style UTILITY OTN Elt PLATE- NO PLATt;JTEMPOttARY PLATE C'OIO~: PLATS -STATE: UNRLAr)ABCE;.Oit AILlN-US PLATEOVERtL~CPOSED SUN,.4R FLASH ALA7E: UNREFADAESLE I MARITEE! IPlATEJVEHICIE 0~5TRUCT~p t' .~a ~VPS n• S~ v[o~rtr.oft ^aacs5isae sv ANE TRIC9GE~t,. .- RIGHTTtJ~N,!. ~TF VOT PAINTE~/VISiL~LE E5 TO SITE ,.., 'C3I+JJ4L -GREEN QR XHJ.C9VIr:: ~CiNAL = NQ RED: LIGHT , :CNAL- ICEF] NfITH YI=LLOLY i4 Inc..~ll RiahF_= K=.~Fr.~~d, Police Review Screen -Reject Reasons [The data vn the screen was modified to protect privacy] ~~ ©2009 American Traffic Solutions, Inc. Page 77 _,M. = April 13, 2009 f ~, ~ , ~ ,~ ~' . ~ ~~. ~ " omatad Real Gght'EniFarcari»en ~i J ~' ~~ I~ ':'~ltlC'~A:a~'LA'6triHe~Sivavranw~Yr --__ e.ern~ -i~~ 911 ~:3d.YSs9i6~N!!r!!I NOTICE GENERATION AND MAILING ~~~ .~ ~ _ ~~ ~ ~. ~ ~ ~ A.._ ~. ~ ~_ ...,. ,_„ Image Crapping Plate Entry _ Final iew Polite Review Natlnn C3e~wra rr 1~ hrN~ Notice Generation and Mailing Step Once each citation has been approved at the Police Review step, the AxsisT"' VP5 System then automatically issues a notice within in accordance with the City's defined time frame for citation issuance. A sample Notice of Violation is on the following page. If the City desires, ATS will provide bilingual citations. Please note that the sample Notice of Violation has been modified to protect privacy. `~ ''~ 02009 American Traffic Solutions, Inc. Page 78 ~""~'°"-~ ~^~° April 1$, 2009 City of Apopka Traffic Light Safety Program 112 East Sixth Street Apopka, FL 327Q3 ~. APOPKA,FL- pN! (Dale} AT TIME R7 LOCATION NIB SHEELER AVE ~ US441 08/22/2007 02:43 PM NAME (FEAST, MIDDLE, LAST) STREET ADDRESS CITY STAY!` ZIP CODE APOPKA FL i DID UNLAWFULLY ~ OPERATElORIVE ~ PARK V YEAR MAKE MDDEL STYLE COLDR E H 2000 LINC AU 4D WHI C L NUMBER STATE YEAR L I 194V~ FL 2p00 DID THEN AND THERE COMMIT THE FOLLOWING OFFENSE OF THE CITY OF APOPKA TRAFFIC LIGHT SAFETY ACT. THE RECORDED IMAGES RELATING TO THE VEHICLE STATED A60VE ARE EVIDENCE OF A: RED ZONE INFRACTION (Failure to atop at a retl Ilght) IN VIDLATION OF: RgM APPROX SPEED ~ Ordinance 1813 (SECTION 78-84) ORD 11 MPH Apo ka Police De arlment pate Badger 0812412007 THE APOPKA POLICE DEPARTMENT, BASE6 ON THE: INSPECTION OF Issue Date THE RECORDED IMAGES, CHARGES THE VIOLATOR WITH A RE6 ZONE 06129120D7 INFRACTION AND A: CIVIL PENALTY FINE QF X125.00 Pay with your Visa or MasterCard at vlrwl J '~ Make your check or money order payable to the City of Apopka. DO NOT MAIL CASH. Write the Notice # on the front of your payment. Insert this tear-off coupon in the enclosed envelope with the address (at the right} showing through the window, You must respond with either a payment or a hearing request before the nue Date AMOUNT DUE: $125.00 CITY OF APOPKA MUNICIPAL NOTICE OF VIOLATION 1 INFRACTION NOTICE # 051070000 PIN # ~ Amoun# Due: $125.00 Due Date: 09/19/2007 r. vtotanornnro.com or mau your cnecK or money order with this coupon to the address below NAME: DuE: as1~912007 NOTICE #: 051070000' VERSIDN: 1 ISSUED: 08/29/2007 PLATE: 194V~ STATE; FL TYpE; ._ City of Apopka Fiorida Traffic Light Safety Program PO Box 742503 Cincinnati, OH 45274-2503 ~t~n~r~t~ttl~l~~ nt~t~tt~tt~t~t~t~t~~ttttt~~t~~ n nt~~lt~r~r~ 1 ,.. . I'- I •_ f V' _INMh omated Rad;Light.Enforcemettt'S~1 - ~~ RFP 11~ 2009-27 BAD ADDHES$ NOTIFICATION The li.S, Postmaster is instructed to forward the citations to the new address. Undelivered mail is researched for better address information and resent. PROCESSING SYSTEM MAINTENANCE AT5 will maintain and upgrade Axsis7h1 VPS. The AxsisT"" Violation Processing application software is upgraded on a regular process, once per month. The upgrade schedule is distributed well in advance of any upgrades. All upgrades occur after 8:00 p.m. EDT on the second Friday of every month. ATS provides release Hates to our customers after each software release. None of the upgrades has impacted service to the customers and is generally transparent to the customer as with any major web-enabled service application. ATS CUSTOMER SERVICE Delivery of quality Customer Service is an integral part of ATS' Customer Service and Operations Departments' objectives and is reflected in key policy documents and processes, A commitment to excellence is a fundamental theme of our organization and is supported in our °People First" philosophy. It is through continual coaching, #raining and support that our Customer Service Department achieves and maintains excellence. ~- Over the past year, under the direction of Korey Hinz, Director of Operations, a quality control and assurance program has been set into place to increase efficiency, effectiveness and mitigate costly "errors" that can affect a photo enforcement program's integrity. Key elements of our quality control and assurance program include; The automated online information help module provides a single source of information, reduces manual errors, and provides up- to-the-minute alerts and changes as needed for each of our clients, Extensive violation audit and quality control process, Thousands of transactions per week far processors are scored and feedback provided to increase and achieve quality and accuracy goals. New processors have double the transactions per week reviewed and scored. • The mail processors review, scan and sort all incoming mail related to each photo enforcement program. They are scored each week based on accuracy and attention to detail, ^ Call center personnel have hundreds calls per week digitally recorded and graded on such items as greeting, 100°1° call tracking, use of online information as appropriate, and correctness of response. ^ Even the personnel who perform the quality review of the violations processors and call center personnel are audited. They are scored based on how well they complete the scorecards that they prepare for each person who they review and whether or not they followed the quality guidelines. The quality guidelines are the criteria by which the reviewer scores each call center personnel and violations processor. • AT5 also implements an internal appeal process for our customer service personnel. If they feel that their quality review was not accurate, they can dispute their review. At ATS, our PEOPLE ARE i=iRST. ^ Even trash bins are checked to ensure that disposed of items are scanned, stored and appropriately documented before shredding. In addition to supervisors, ATS implements a team lead program. These leads walk the customer service floor and are available v to answer questions and assist staff on demand to further ensure accurate, timely and quality customer service. ~' ©2Da9 American Traffic Solutions, Inc. Page ea µ>~~= ~ y. April 13, 2009 '~~1,,, i I ~, ~~~~ it ~I: L ~ ~] ,~ s ~. ~. 4 ~ ~ , `F' a , k ~ _ ~t . ~ ' omated Red Light ~'rrforcement SJ~1'f '`~~~ _~-'` _ ~ 009.27 P Nb. 2 4 [~ ~~ ~~ ~~ t~y It d . rS,a, , ,~F~~ Our Client Liaison department provides aone-stop shop for the City of Delray Beach after implementation of the program, MaryJo Hopper, who will be the City's client liaison, is at the City's disposal to assist in resolution and problem salving on a daily basis. They proactively communicate with the City's Program Manager to further insure a smooth running program with no surprises, ATS Violation Processing and Cali Center ATS in-house worldwide customer service and violation processing center is headquartered in state-of-the-art facilities in Phoenix, Arizona, Our call center supports 170 languages. Our customer service operations are based in the United States and are not foreign off-shore call center and operations staff, Our employees maintain a professional and customer-focused operation. Our Operations organization works seven days a week, 20 hours per day. AT5 supports: • Monthly processing of over 900,000 violation incident touches • Monthly fielding of over 35,000 calls in our fully staffed multi-lingual Phoenix Call Genter ^ Monthly handling of over 65,000 pieces of mail __ - __.________~~ ~.--------...-.---- Our violation call center hours are Monday through Friday, 8:00 a.m. Answered Service Factor to 8;00 p.m. EDT. ATS provides atoll-free number, printed on each 95% of ca!!s are answered by our Ca!! Center in less than 30 seconds. This is the best and highest service notice, which violators can call to obtain more information regarding level in the industry notice status, and to ask general notice questions. __- ___~__ .W_~.__.____..-------_...~------__--__-____. The ATS Call Center is currently staffed with experienced multi-lingual personnel. ATS provides live customer service agents who are trained to deal with every type of caller with any issue related to the violation and program. ATS recognizes that in our business, cultural sensitivity is vital. ATS recognizes that dialects and accents vary from region to region. Because ATS operates all over the U.S. and has extensive experience dealing with Spanish speaking constituencies who originally come from all aver Latin America, Cuba, and the rest of the Caribbean Basin, ATS' multi-lingual customer service representatives are specifically trained to speak Neutral Accent Spanish. Our call center personnel provide the highest level of customer service to all callers who contact us no matter what state the caller resides in. Client Liaison The client services liaison [CSL) is the primary point of contact for ATS' live clients, The CSL is the communication link between these clients and all internal ATS departments. The Liaison works with a number of departments within each client, including the Court, police departments and related IT departments. The Liaison provides proactive client service as well as solving all issues related to processing violations. The Liaison's responsibilities and duties include: • Research and resolve client issues within 48-hour turnaround. If an issue requires additional time ~~ for resolution, the Liaison must update the client within 48 hours with additional details and provide MaryJo Hvpper frequent updates until the issue is resolved. ATS Client Liaison ^ Investigate solutions and communicate appropriate options for resolution. ^ Works directly with ATS Operations to ensure Processors and Customer Service Representatives have the most up-to-date information for each client and provides accurate information to violators. .rte ©2oo9 American Traffic Solutions, fnc. Page 81 .. ~u3a~,u n .~_, ~~ April f 3, 2009 ATS Call Center ,, -~ ,. I 4 ~ I1 a 11 = 2 't,t- .~ n ~ -Light Erifarc>°rnertf.S'~r , -RFP Na." ~'b09-2T ~. ;:.~ ^ Works closely with ATS' IT 1 Business Analyst group to implement changes and correct bugs. ^ Analyze Issuance Rates and Police Approval Rates and work with internal groups and Police Department to improve rates. ^ Track client issues and analyze reports to identify training needs of operations staff, training needs of the client's employees or the need for system or technology enhancements. ^ Work closely with ATS Training Group during implementation to became familiar with client's program and build relationship with City counterparts. ^ Monitor client's workflow (quantity and quality of violations) and identify areas of concern and communicate with internal departments to help resolve issues and communicate solutions #o client, ^ Review violations for all clients and to stay current with operational issues. ^ Process video requests when received. ^ Build rapport and relationship with clients during the implementation phase. ^ Review business rules, contracts and other account specific items that are important to servicing the account. ^ Work with all account contacts to proactively address concerns prior to them becoming problems, The Client Service Liaison is expected to make a proactive phone call or have face-to-face contact with each client at least on a monthly basis. ^ Daily monitoring of police queues, If the police queues require attention, appropriate outreach either by email or phone call should occur immediately with the accounts. If there is not improvement within 48 hours of the reminder, escalation should be made through the ATS Project Manager for higher escalation. ~ ©20a9 American Traffic Solutions, Inc. Page 82 w_ - -_.~._.~..__..._ -- _ . _. _ . ~~ ~°`- '~ ~- _ ~ April 13, 2009 > .n ,~~; r p Sri i ~ I .~~ ~ I~ t J ~-:;t ~; ~ - ~'~^ ~._.I ~~7 .[: ._ ~ ~ ..~~i~ mated Red Lrglit Erriforcemertt` .~RFP No 70t~27 APPENQIX H -RESUMES The following are the resumes for our proposed team. Justin McDole and MaryJa Hopper will be the City's main contacts and will have primary responsibility for the City's contract. RESUME FOR MR. JUSTIN MCDOLE, PROJECT MANAGER Justin McDole is a motivated, results-driven project manager with a multifaceted background in project management, implementation, operations, work flow management, business development, contract negotiations, financial planning, budget management, and product development. He is a proven performer in executing contract deliverables, managing implementation time lines, growing sales revenue and negotiating cost-saving initiatives improving re#urn on sales, Through his years of experience he has demonstrated his ability to listen to prospects'Iclients' needs and develop solutions to meet their goals and budgets. Mr. McDole has a reputation for dedica#ion, creative problem solving and outstanding service. In prior positions, he managed 18 employees, an $18 million annual budget administration, and $21 million in annual revenue. Mr. McDole's project experience includes project management of red light camera programs in Bal Harbour, FL; Coral Gables, FL; Cutler Bay, FL; Hialeah, FL; Lakeland, FL; North Miami Beach, FL; Ccoee, FL; Palm Springs, FL; Winter Springs, FL; Cherry Hills Village, C0; Greenwood Village, CQ; Lone Tree, C0; Jackson, MS; Amarillo, TX; Arlington, TX; Balcones Heights, TX; Burleson, TX; Cedar Hill, TX; College Station, TX; Fort Worth, TX; and Inning, TX. Mr. McDole will oversee the delivery of the City's red fight camera program and will direct the day-to-day operations of the program. RESUME FOR MS. MARYJD HOPPER, CLIENT LIAISON ® MaryJo Hopper is a Client Service Liaison that oversees all most of our programs 'rn Florida. MaryJo's primary role is to interact with Police Departments and Courts to ensure that our clients' programs are running smoothly. She also monitors the processing and customer service for each of the photo enforcement programs that she oversees. Ms. Hopper wilt assist the AT5 program manager with managing any daily issues that arise during our contract with the City of Delray Beach, RESUME FOR MR. ~/OE PETERS, VP -NATIONAL F/ELO SERVICES ,~ Joe Peters has over 20 years experience in services management in the high tech 1 IT industry. He has experience supporting business critical applications, supporting "five 9's" uptime requirements, and an extensive _'' variety of end user clients and applications. He has a great deal of experience in continual improvement "~~ processes, services process development, field service support and operations, and project management. He also has a strong track record in business management, which allows him to apply technology and processes to meet business goals and objectives. With this blend of project management and tactical field operations, Joe brings a set of experiences that enables AT5 to provide a high level of support to our client base, providing maximum uptime of our systems, and `~ minimal disruption when problems do arise. Mr. Peters has overseen the maintenance and support for over 800 approaches. a2o09 American Traf#ic Solutipns Inc. Page 83 ~~~~~ April 13, 2009 i . , ~~" , , r; ~, , i r:Illtti,IhlLr~ -uM ~ " ~ ~' „i i ~ 6,,i - Df1r8r8~ ll~l~f -~L~tf ~ltl~~ , ~a~ - iz ~'RFP llftl. "2t'J09.2T ' Mr. Peters will manage the maintenance staff, including the maintenance performed by the subcontractor. He will make sure that service issues are handled correctly and in a timely manner for the City's project. RESUME FOR MR. PHIL S/MONE, DIRECTOR OF FIELD OPERATIONS Phil Simone has been in the photo enforcement industry since 1993. He served as Project Manager of Red Light Camera Programs in New York, NY; Howard County, MD; Culver City, CA; and San Juan Capistrano, CA. He also served as Technical Consultant to Red Light Camera Programs in San Francisco, CA; Boca Ratan, FL; Argentina ,` ' .' -~~~ ,. and Brazil. Highlights of Mr. Simone's career with ATS include management of the implementation and 3 construction of over 600 approaches. Mr. Simone will be the liaison between all subcontractors, sub-consultants, personnel, the Ciry, the County, the State and the client. He will oversee the engineering, design, construction, equipment installation, back-office management, front-end management, and overall implementation of the City's red light camera program. RESUME FOR MR. KEN YOUNG, DIRECTOR OF ENGINEERING, R&D DEPARTMENT Ken Young has worked in the information technology field for 12 years. Ken is an the IACP Highway Safety `~~ Committee's ETATS (Enforcement Technology Advisory Subcommittee) group. He has been on the committee ~,R 1 - since January 2008. The committee creates and manages technology specifications and provides certifications for x photo enforcement vendors to the police. The group also maintains the ATR (Across-the-Road) radar specification `~ ~~ .k= ;. >y and the newly finalized red light camera specifications, as well as many others. As the Director of Engineering, R&D Department, Ken oversees the development of our industry-leading safety products, Ken has been with ATS since 2004, RESUME FOR MR. SCOTT NIEZGODZKI, LEARNING AND DEVELOPMENT 119ANAGER Scott Niezgodzki has aver 10 years of training and development experience in a wide range of applications. Mr. Niezgodzki and his team will train City personnel on the use of our camera systems and violation processing system. '~ ~~ .ua RESUME FOR TERESA BENTON, PUBLIC RELATIONS SPECIALIST Teresa specializes in communications and marketing, and brings nearly seven years of experience working specifically with public agencies. She is currently responsible for assisting with the Public Awareness campaigns for South Florida, Philadelphia, Maryland, Illinois, Missouri, Colorado, Washington, California and Calgary, Responsive and client-centric, Teresa will oversee all aspects of the Public Awareness campaign, She'll work ~.. closely with City staff to ensure a successful community outreach and education effort. ' ~ 02x09 American Traffic Solutions, Inc. _~ __..-- Page 84 April 13, 2009 "'~'~ .. ;'.I T I I .~ - _ . I i~ .. ~~ ~ - ~~i ,r ; pS~~ jai 1 ~ I . ~' ~ ~~' i '!VIII ~~~ i~ ~ -; s, ,~ ~~,,a ~ , -, ~'fw4'M1"'. ~~~ ,~ .. ~ ~w~ .. -: .~ :- -~ ` ~ n _ ~matet! Rid Light enforc~menit ~+~ ` ~ RFP Nv~ 10Q9-2T HORSEPOWER ELECTRIC, SUBCONTRACTOR ATS has teamed with Horsepower Electric for the Giry's red light camera program. Horsepower, as our subcontractor, will install the red light camera systems. Horsepower Electric Inc. is an electrical contracting company headquartered in Hialeah, Florida specializing in general electrical maintenance, electrical construction, stree# fighting, traffic signalization, intelligent traffic systems, underground utilities, and sports field lighting since 1985. Horsepower has a fulltime work force of over 60 employees, most of which are certified in electrical maintenancelconstruction and traffic signalization services. Horsepower Electric Inc. has provided a high level of service for the past 23 years. Same of the agencies for which they provided services are: ^ Miami Dade County • Miami Dade County Expressway Authority (MDX} ^ City of Weston ^ City of Sweetwater • Gity of Aventura ^ City of Sunny Isles ^ Florida Power RLight -North Palm Beach Region ^ Florida Power & Light -Treasure Goast • City of Key West ^ City of Miami Springs • FDOT -District 6 ^ FDOT -District 4 ^ FDOT - District B (Florida Turnpike) • City of Marco Island • City of Boca Ratan ^ City of Delray Beach ©2009 American Traffic Solutions, Inc. Page 85 -~ - .~, ~ , April 13, 2009 i 3 *:. Ki r T P ,.~ i~, _ .fs: i i i~~ f -~ i ~';ii ~ jl ~ sir r s i ~ i y~ ' iPi `i' n - :. ed Red''LTgli[ Fnfoirsaement '~~,. _ f. - RFP hft?'.~s~b'09.27 APPENDIX I -SAMPLE CONTRACT C~2d09 American Traffic Solutions Inc. Page 86 -~`~~~ A nl 13, 2009 PROFE5510NAL SERVICES AGREEMENT "AGREEMENT" THIS AGREEMENT made this day of 2009 between American Traffic Solutions, inc. (herein "ATS"), with its principal place of business at 7681 East Gray Road, Scottsdale, Arizona, and the City of herein "Customer", with principal offices at W ITNESSETH: WHEREAS, ATS has the exclusive knowledge, possession and ownership of certain equipment, licenses, and processes, referred to collectively as the "AxsisTM System" (herein "Axsis ), and WHEREAS, Customer desires to use the Axsis~" System to monitor and enforce red light violations, and may, in the future, desire to monitor and enforce traffic speed or other traffic movements and to issue citations for traffic violations. NOW THEREFORE, the parties agree: 1. DEFINITIONS: As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: "Citation" means a citation or notice of violation ar equivalent instrument issued by a competent state or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to a violation documented or evidenced by Axsis . "Paid Citation" means a situation where the person cited has entered a plea of guilty and paid any portion of the fine and applicable court costs associated with the particular citation. "Person" or "persons" means any individual, partnership, joint venture, corporation, trust, unincorporated ~-- association, governmental authority ar political subdivision thereof ar any other form of entity. "Camera System" means a photo-traffic monitoring device consisting of one (1) rear camera, strobe, and traffic monitoring device capable of accurately detecting a traffic infraction on up to four contiguous lanes which records such data with one or more images of such vehicle. "Camera System" shall also, where the sense requires, include any enclosure or cabinet and related appurtenances in which the Axsis"" is stationed. "Rerordad Imago" means an image digitally recorded by a Camera System. "Approach" is defined as one direction of travel of one or more lanes on a road or a traffic intersection up to four (4) contiguous lanes controlled by up to two (2} signal phases. "Violation" means failure to obey an applicable traffic law ar regulations, including, without limitation, failure to obey a traffic signal, operating a motor vehicle in excess of the pasted speed limit, and operating a motor vehicle without displaying a valid license plate. "VIMS Analysis" is a statistical assessment of violations rates at suspected problem intersections and approaches to determine the need far a red light system. "owner" means the owner{s) of a motor vehicle as shown by the motor vehicle registration records of the motor vehicle department or the analogous agency of another skate or country. "Traffic Control Signal" means a traffic control device that displays alternating red, yellow and green lights intended to direct traffic when to stop at or proceed through and intersection. 2. ATS AGREES TO PROVIDE: The scope of work identified in Exhibit "A, Section 1" 3. CUSTDMER AGREES TO PROVIDE: `~ Confidential information Pa e 1 Photo Enforcement Services Agreement The scope of work identified in Exhibit "A, Section 2." 4. TERM AND TERMINATION: .~ a. This contract shall be effective on the signature date above. The term of this Agreement shalt be far five (5}years beginning on the date of first issued and payable notice of a violation from the last installed Camera System (the "Start Date"} and may be automatically extended far two additional five (5) year periods. However, Customer may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement 120 days prior to the expiration of the current term. c. The Contractor's services may be terminated: i} By mutual written consent of the parties; ii) For cause, by either party where the other party fails in any material way to perfom~ its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable spec~city the grounds therefore, and the other party fails to cure the default within forty-five (45) days after receiving notice. iii) For convenience, by either party in the event that state legislation, a decision by a court of competent jurisdiction, or other change in state law or circumstances materially interferes with the terms of this Agreement or the ability of a party to perform its obligations under the terms of this Agreement. In any termination far convenience, ATS shall retain an amount of revenue collected from the program sufficient to cover ATS's costs in excess of fees paid to date. d. Upon termination of this Agreement, either for breach or because it has reached the end of its term, the parties recognize that the Customer will have to process traffic law violations in the "pipeline," and that ATS accordingly must assist the Customer in this regard. Accordingly, the parties shall take the following actions, and shall have the following obligations, which survive termination during the wind-down period: The Customer shall cease using the AxsisT"' System, shall return or allow ATS to recover all provided equipment within a reasonable time not to exceed 60 days, and shall not generate further images to be processed. Unless directed by the Customer not to do so, ATS shall continue to process all images taken by the Customer before termination and provide all services associated with processing in accordance with this Agreement, and shall be entitled to all Fees specified in the Agreement as if the Agreement were still in effect. S. ASSIGNMENT: Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. However, for the purposes of ATS business financing purposes, ATS may sell, assign, transfer or convey any interest in this contract in whole or in part without the written consent of the Customer. 6. FEES AND PAYMENT: Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated in Exhibit A, Schedule 1, ("Fees"). The Customer shall pay all fees due ATS based upon invoices from the proceeding month within 30 days of submission. Late payments ara subject to interest calculated at 1.5% per month on open balances. Unit prices will be fixed for the first two (2) years of the first term and thereafter on each anniversary date of the term unit prices will increase by the CPI, according to the average change during the prior 12 months in the Consumer Price Index for All Urban Consumers (CPI-U) for U.S. City average as published by the Bureau of Labor Statistics, U.S. Department of Labor. Confidential Information Page 2 Photo Enforcement Services Agreement 7. INTERSECTION AND VIOLATION RATE ANALYSIS: Prior to implementing the Axsis System, ATS may conduct an analysis of each Approach being considered for a Camera System. If ATS deems necessary, ATS will use the AxsisT"' VIMS (Violation Incident Monitoring System) or other tool or means to complete the analysis over a 4 to 24 hour period. The '~ Customer will be provided a report vn violations recorded at each monitored approach, including the time of day and lanes on which the violations occurred. For any Approach recommended by the Customer, ATS may install a Camera System. However, ATS may elect not to install a Camera System where traffic violation data does not support installation of the Axsis System. 8. COMMUNICATION OF INFORMATION: ATS agrees that all information obtained by ATS through operation of the Axsis System shall be made available to the Customer at any time during ATS's normal working hours, excluding trade secrets and other confidential or proprietary information not reasonably necessary for the prosecution of citations or the fulfillment of Customer's obligation under this Agreement. 9. CONFIDENTIAL INFORMATION: No information given by ATS to Customer will be of a confidential nature, unless specifically designated in writing as proprietary and confidential by ATS. Provided, however, nothing in this paragraph shall be construed contrary to the terms and provisions of any "Open Records Act" or similar laws, insofar as they may be applicable. ATS shall not use any information acquired by this program with respect to any violations ar the Customer's law enforcement activities for any purpose other than the program. 10. OWNERSHIP OF SYSTEM: It is understood by the Customer that the System being installed by ATS is, and shall remain, the sole property of ATS, unless separately procured from ATS through a lease or purchase transaction. The System is being provided to Customer only under the terms and for the term of this Agreement. ~. 11. INDEMNIFICATION AND INSURANCE: ATS shall comply with all laws, ordinances and regulations governing the use of photo enforcement systems applicable to this Agreement and shall comply with the maintenance procedures and manufacturer recommendations for operation of the AxsisTM equipment which affect this Agreement, and shall indemnify and save harmless the Customer against claims arising from the violations of the maintenance procedures and manufacturer recommendations for operation of the equipment as a result of the negligence of willful misconduct of ATS, its officers and directors, agents, attorneys, and employees, but excluding any employees or agents of Customer. ATS shall maintain the following minimum scope and limits of insurance: a. Commercial Genera! Liability Insurance including coverage for bodily injury, property damage, premises and apera#ions, products/completed operations, personal and advertising injury, and contractual liability with a combined single limit of $1,000,000 per occurrence. Such insurance shall include the Customer, its officers, directors, employees, and elected officials as additional insured's for liability arising from ATS's operation. b. Workers Compensation as required by applicable state law, and Employers' I_iabillty insurance with limits of not less than $500,000 each accident; ATS shall at all times maintain worker's compensation insurance coverage in the amounts required by law, but shall not be required to provide such coverage for any actual or statutory em ployee of Customer. G. Comprehensive Business Automobile Liability Insurance for all owned, non-0wned and hired automobiles and other vehicles used by ATS with a minimum $1,000,000 per occurrence combined single limit bodily injury and property damage. The Customer and its officers and employees, shall be named as additional insured on the comprehensive general liability policies provided by ATS under this Agreement. ATS shall require any subcontractors doing work under this Agreement to provide and maintain the same insurance, which insurance shall also name the Customer and its officers, employees, and authorized volunteers as additional insureds. Confidential Information Page 3 Photo Enforcement Services Agreement Certificates showing ATS is carrying the above described insurance, and evidencing the additional insured status specified above, shall be furnished to the Customer within thirty calendar days after the date on which this Agreement is made. Such certificates shall show that the Customer shall be notified of all cancellations of such insurance policies. ATS shall forthwith obtain substitute insurance in the event of a cancellation. Inasmuch as the Customer is a body politic and corporate, the laws from which Customer derives its powers, insofar as the same law regulates the objects for which, or manner in which, ar the concerns under which, the Customer may enter into this Agreement, shall be controlling and shall be incorporated by reference into this Agreement. The Customer shall be responsible for vehicle insurance coverage an any vehicles driven by Customer employees. Coverage will include liability and collision damage. 12. STATE LAW TO APPLY: This Agreement shall be construed under and in accordance with the laws of the State of 't3. DISPUTE RESOLUTION: All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good- faith negotiation between senior management of both parties, followed if necessary within thirty (30) days by professionally-assisted mediation. Any mediator so designated must be acceptable to each party. The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. a. Failing resolution through negotiation or mediation, any remaining dispute shalt be submitted to binding arbitration in accordance with the Arbitration Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association ("AAA Rules"} before a single arbitrator. The place of arbitration will be mutually agreed upon within 14 days of a decision to seek arbitration. Limited discovery will be permitted in connection with the arbitration upon agreement of the parties or upon a showing of substantial need by the party seeking discovery. The arbitrator's decision shall #ollow the plain and natural meaning of the relevant documents, and shall be final and binding. The arbitrator will have no power to award {i) damages inconsistent with the Agreement or {ii) punitive damages or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. All aspects of the arbitration will be confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and costs shall be recoverable by the prevailing party as determined by the arbitrator. If a party fails to pay such share promptly upon demand, the arbitrator shall, upon written request by the other party, enter a final and binding decision against the nonpaying party for the full amount of such share, together with an award of attorney's fees and costs incurred by the other party in obtaining such decision, which decision may be entered in any court of competent jurisdiction. Except for the failure of a party to pay arbitration fees and costs that requires resort to the arbitrator to order such payment, the parties will bear their own attorneys' fees in any matter or dispute under this Agreement. 14. AMENDMENTS TO THE AGREEMENT: The Customer may from time to time consider it in its best interest to change, modify or extend term, conditions or covenants of this Agreement or require changes in the scope of the Services to be performed by ATS, or request ATS to perform additional services regardless of and without invalidating the process that was used to procure the services enumerated under this Agreement. Any such change, addition, deletion, extension or modification, including any increase or decrease in the amount of ATS's compensation, which are mutually agreed upon by and between the Customer and ATS shall be incorporated in written amendments (herein called "Amendments"} to this Agreement. Such Amendments shall not invalidate, the procurement process or this Agreement nor relieve or release ATS or the Customer of any of its obligations under this Agreement unless stated therein. Confidential Information Page 4 Photo Enforcement Services Agreement 15. LEGAL CONSTRUCTION: ~~,. AMERICAN TRAFFIC SOLUTEONS, INC. Adam E. Tuton, EVPICOO City Manager ATTEST: In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenfarceabiliry shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, ar unenforceable provision had not been contained herein. iB. PRIOR AGREEMENT SUSPENDED: This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understanding, written or oral, between the parties respecting the written subject matter. 17. NO AGENCY: ATS is an independent contractor providing services to the Customer and the employees, agents and servants of ATS shall in no event be considered to be the employees, agents, or servants of the Customer. This contract is not intended to create an agency relationship between ATS and the Customer. 18. FORCE MAJEURE: Neither party will be liable to the other or be deemed to be in breach of this agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or governmental authorities approval delays which are not caused by any act or omission by ATS. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 19. TAXES: In the event that any excise, sales or other taxes are due relating to this service contract, the Customer will be responsible for the payment of such taxes. 20. NOTICES: Any notices or demand which under the terms of this Agreement or under any statute must or may be given or made by ATS or Customer shall be in writing and shall be given or made by persona! service, telegram, first class mail, FedEx, or by certified or registered mail to the parties at the following address: Attn: American Traffic Solutions, Inc. 7681 E. Gray Rd Scottsdale, AZ 85260 Attn: Chief Operating Officer IN WITNESS WIiEREOF, the parties have executed this Agreement as of the date on Page 1. Confidential Information Photo Enforcement Services Agreement Recorder ti.- Confidential Information Page 6 Photo Enforcement Services Agreement Exhibit A ATS SCOPE OF WORK `~ 1. AMERICAN TRAFFIC SOLUTIONS (ATS) SCOPE OF WORK 1.2 ATS IMPLEMENTATION 1.2.1 ATS agrees to provide a turnkey solution for Camera Systems to the Customer wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of ATS, except for those items ident~ed in Section 2 titled "Customer Scope of Work". ATS and the Customer understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign to the proper party the responsibility and cost for such items. In general, if work is to be performed by the Customer, unless otherwise specified, the Customer shall not charge ATS for the cost. All other in-scope work, external to the Customer, is the responsibility of ATS. 1.2.2 ATS agrees to make every effort to adhere to the Project Time Line agreed upon between the parties. 1.2.3 ATS will assist the Customer with video evaluation of candidate sites using the Axsis VIMS system. 1.2.4 ATS will install Camera Systems at a number of intersection or grade crossing approaches to be agreed upon between ATS and the Customer after completion of site analyses. In addition to any initial locations, the parties may agree from time to time to add to the quantities and locations where Camera Systems are installed and maintained. 1.2.5 ATS will operate each Camera System on a 24-hour basis, barring downtime for maintenance and normal servicing activities. 1.2.6 ATS' in-house marketing department will assist the Customer with public information and outreach campaign strategies. In addition, depending upon the agreed-upon strategy, ATS may pay for agreed upon extra scope expenditures for public relations consultants, advertising, or media relations provided that such extra scope expenditures will be reimbursed to ATS from collected revenues. 1.2.7 ATS agrees to provide a secure web site (www.violationinfo.com) accessible to citation recipients (defendants) by means of a Notice # and a PIN, which will allow violation image and video viewing. 1.2.8 The Customer and ATS will complete the Project Business Process Work Flow design within 30 calendar days of contract signature. 1.2.9 ATS normally shall provide technician site visits to each Camera System once per month to perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and general system inspection and maintenance. 1.2.10 ATS shall repair a non-functional Camera System within 72 business hours of determination of a malfunction. 1.2.11 AT5 shall repair the Axsis VPS system within 1 business day from the time of the outage. Outages of Customer Internet connections or infrastructure are excluded Pram this service level. Confidential Information Page 7 Photo Enforcement Services Agreement 1.2.12 For any city using ATS lackbox or epayment services, ATS will establish a demand depasit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected on behalf of the Customer will be deposited in this account and transferred by wire the first business day of each week to the Customer's primary depasit bank. The Customer will identify the account to receive funds wired from U.S. Bank. Customer shall sign a W-9 and blocked account agreement, to be completed by the Customer, to ensure the Customer's financial interest in said U.S. Bank account is preserved. 1.3 ATS OPERATIONS 1.3.1 ATS shall provide the Customer with an optional one-time warning period up to 3i) days in length at the outset of the program. 1.3.2 ATS shall provide the Customer with an automated web-based citation processing system (AxsisT'" VPS) including image processing, 1~ notice color printing and mailing of Citation or Notice of Violation per chargeable event and a mailing of a text only reminder notice. Each Citation or Notice of Violation shall be delivered by First Class mail to the registered owner within the statutory period. Mailings to owners responding to first notices identifying drivers in affidavits of non-liability or by rental car companies are also included according to each pricing option. 1.3.3 Subsequent notices (such as pre-collection letters) may be delivered by First Class or other mail means for additional compensation to ATS as agreed by the parties in Schedule 1. 1.3.4 ATS shall apply an electronic signature to the citation when authorized to do so by an approving law enforcement officer. 1.3.5 ATS shall obtain in-state vehicle registration information necessary to issue citations assuming that it is named as the Customer's agent. 1.3.6 ATS shall seek records from out-of-state vehicle registration databases and apply records found to Axsis to issue citations for the Customer according to each pricing option. 1.3.7 If Customer is unable to or does not desire to integrate ATS data to its court system, AT5 shall provide an on-line court processing module, which will enable the court to review cases, related images, correspondence and other related information required tv adjudicate the disputed citation. The system will also enable the Court staff to accept and account for payments. Any costs charged by a third party vendor to integrate the ATS system tv a court computer system shall be borne by the Customer. ATS may agree to cover these up #ront casts and recover the costs from the collected revenue in addition to its normal fees. 1.3.8 The AxsisT"" VPS system, which provides the Customer with ability to run and print any and all standard system reports. 1.3.9 If required by the court or prosecutor, ATS shall provide the Customer with, or train a local expert witness able to testify in Court on matters relating to the accuracy, technical operations, and effectiveness of the AxsisTM System until judicial notice is taken. 1.3.10 In those instances where damage to a Camera System or sensors is caused by negligence on the part of the Customer or its authorized agent{s), ATS will provide Customer an estimate of the cost of repair. Upon authorization to proceed with the repairs ar replacement, ATS shall replace or repair any damaged equipment and invoice for the pre-approved repair cost. ATS shall bear the cost to replace or repair equipment damaged in all other circumstances. Confidential Information Page S Photo Enforcement Services Agnaement T ~ ~ ~ ~~~ ~_ 1.3.11 ATS shall provide a help line to help the Customer resolve any problems encountered regarding its Red Light Camera System and/or citation processing. The help line shall function during normal business hours. 1.3.12 As part of its turnkey system, ATS shall provide violators with the ability to view violations online. This online viewing system shall include a link to the ATS payment website(s) and may offer the opportunity to download an affidavit of non-liability online. Online obtained affidavits, if approved by the court, shall be directed to and processed by ATS and communicated to the Court via the Axsis VPS transfer described above. 2. CUSTOMER SCOPE OF WORK 2.2 GI=NERAL IMPLEMENTATION REQUIREMENTS 2.2.1 Within 7 business days of contract execution, the Customer shall provide ATS with the name and contact information for a project manager with authority to coordinate Customer responsibilities under the Agreement. 2.2.2 Within 7 business days of contract execution, the Customer shall provide ATS with the name and contact information for a Municipal Court manager responsible for oversight of all Court-related program requirements 2.2.3 The Customer shall make every effort to adhere to the Project Time Line to be agreed upon between the parties. 2.2.4 The Customer shall direct the Chief of Police or approved alternate execute the ATS DMV Subscriber Services Agreement (Schedule 2) to provide verification to the State Department of Motor Vehicles, National Law En#orcement Telecommunications System, or appropriate authority indicating that AT5 is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section {b) (1 } and as may otherwise be provided or required by any provision of applicable state law. 2.2.5 The Customer and ATS shall complete the Project Business Process Work Flow design within 30 calendar days of contract signature. 2.3 STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2.3.1 If the Customer chooses to move a Camera System to a new approach after initial installation, it shall pay the costs to relocate the System. 2.3.2 Customer will design, fabricate, install and maintain red light camera warning signs. If Customer cannot provide such signage, ATS will do so and charge the costs to the client. 2.3.3 The Customer shall provide access to traffic signal phase connections according to approved design. 2.3.4 Customer shall allow ATS to access power from existing power sources at no cost and shat! allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the Customer's jurisdiction. The casts of any additional conduit or power infrastructure needed to support installation of the Camera System shall be funded by Customer. ATS may agree to cover these up front costs and recover the costs from the collected revenue in addition to its normal fees. 2.3.5 The Customer shall not require ATS to provide installation drawings stamped by a licensed civil engineer. However, ATS work product and drawings shall be overseen Confidential Information Page 9 Photo Enforcement Services Agreement and approved by an ATS PE and such deliverables shall conform to applicable engineering norms and re#lect the dekails of installation work to be completed. 2.3.6 The Customer shall approve or reject ATS submitted plans within 7 business days of receipt and shall limit iterations to a total of one revision beyond the initially submitted plans. Total plan approval duration shall not exceed 10 business days. 2.3.7 The Customer shall not charge ATS or its subcontractor for building, constructions, street use andlor pole attachment permits. 2.4 POLICE DEPARTMENT OPERATIONS 2.4.1 The Police Department shall process each potentia! violation in accordance with State Laws andlor City Ordinances within 3 business days of its appearance in the Police Review Queue, using AxsisTM to determine which violations will be issued as Citations or Notices of Violation. 2.4.2 Police Department workstation computer monitors for citation review and approval should provide a resolution of 1280 x 1024. 2.4.3 For optimal data throughput, Police Department workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. 2.4.4 Police Department shall provide signatures of all authorized police users who will review events and approve citations on farms provided by ATS. 2.5 COURT OPERATIONS 2.5.1 If Customer does not provide payment processing services, Customer shall use ATS payment processing services. The fees for lockbox and epayment services are presented on Schedule 1. .~ 2.5.2 Court shall provide a judge or hearing officer and court facilities to schedule and hear disputed citations. 2.5.3 Court shall provide the specific text required to be placed on the Citation notice to be issued by ATS within 30 calendar days of contract signature. 2.5.4 The Court shall approve the Citation form within 15 days receipt from ATS. 2.5.5 Municipal Court shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes, and other issues relating to citation adjudication. Court may refer citizens with questions regarding ATS or Axsis technology and processes to websites andlor toll-free telephone numbers provided by ATS for that purpose. 2.5.6 Within 10 days after expiration of a second notice, Municipal court shall pursue delinquent collections of unpaid notices with an existing contractor or ATS. 2.5.7 Any potential, one time, direct costs to ATS to develop an interface between the Court system will be initially paid by ATS and any such costs will be reimbursed to ATS from collected revenues in addition to its normal fees. 2.6 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS 2.6.1 In the event that remote access to the ATS Axsis VPS System is blocked by Customer network security infrastructure, the Customer's Department of Information Technology shad coordinate with AT5 to facilitate appropriate cammunicatlons while maintaining required security measures. Confidential Information Page 10 Photo Enforcement $ervlces Agreement Schedule 1 Service Fee Schedule Confiden#ial Information Page 11 Photo Enforcement Services Agn3ement Schedule 2 DMV Subscriber Agreement ~ 7YrMk s - Dr~lb''Senrices SuhscrilherAgreement ATS requires that your agency certrfyr the inteJ~ded use of the information made availat~le to your agency through our services and that such uses are in compliance v,r+th the Federal Driver's Privacy Protection Act Title XXXI and ~ather appticat~le laws governing disseminat~n o; pu#rlfc records. Based on your agency'stntended use ~of such infarnmation, ATS v-~ill either grant permission ±o use the service or deny the applicatiar~. Please specify] any of the fo4awin~g perrmmissi#~le aces under §2721 that apply ^ (1 ). For use lay any gavemment agency, including any court of lave enforcement agency, in carrying out its functions, or any private person or entity! acting on t~ehatf of a Federal, State or Idxal agency in carrying out its functions. ^ (4) For use in connection with any civil, crinminal, adrrministrative, ~ arbitra; proceeding in any Federal, State, or local court or agency or before any self regulatory tao+dy, inGuding the service at process, investigation in anticipation of litigation, and'the execution or enforcemment of judgnments~ and orders, or pursuant to an order of a Federal, Slate, or local cerurt. ^ {7) For use in providing notice to the owners of towed or impounded vehicles. ^ {10) For use in connection with the operation of private toll transportation faci#ities. 1n consideration of ATS making its Services available, Sulrscrityer agrees to {i) utilize ATS provided data only for the purpose{s) specified at~ove; and iii) request such infomlation o~il;~ for tree Subscrikaer's exclusive use in the ordinary course of Sut~scril~er's business and no` fug resale. l certify that I am authorized to execute the 5utmscriber Use Dertification on baba+f of the Suf~scr~m~er fisted below'. ~n behalf of such Sur~scri#>er, i certify that the above statementfi are true and correct. Su#~scri#~er aaknarvledges and agrees that ATS may from time to time audis Su#~scrit>er's use of ATS's Services to ensure that suc#m use is consistent with the intended uses set forth above and with al applicat~le taws. This agreement shall be for year(s~ comnmencing on the date t~elow and shall automatically renew annually. This agreement nmay be temm~ifnated within 30 days notice of the anniversary date, annually. SUBSCRIBER INFORM.A710N _ _ __ S~scriber Ager~cyllJame _~.~_~~ _~_..~._~.m._~ .__ ~..~.._._ .~..~. m....._.___.._ ~..__.~._....-----..._. _ _.--___ rJLETS Agency ORl -~__.~..___-_ ...___.._ w_.~__.~_.~,..____._ .._._....__..--- ----_~._.._----------~-------,~ Name d Authorized Representative ...~._t....____...-----._.v.._........ ----._...---____...__..~.-~---.-..~.___.,..._____~...._.._....._.._._..... Title of Authorised Representative ___...._.~..._...___..__,.,.,~. _ .....__~~._...__~~_ ~~._..~~_.~.w_,___..__..._ Mailing Address: .. ....._ ---.._ .. - _.~___...---. ._._.~ _. ...y..._..._._V.___ _ -__ - -- Ci'ly State. ZIP Code: w...._.~_._,~._._.___.__..._._ ~ _.._..._.~...._.~ Telephone: { ) -T Fax { _~_ t - Email ~ ..~~ Signature of Authorized Repr~esen#ative- Date Signed Confidential Information Page 12 Photo Enforcement Services Agreement ~~.- _ _ I _ I ~ ~ y ....- - - ~' ~ i,rk~v iu l,i ~'j ~~~'~1'.:,~ I F~JI-`ii~ ~ ~~- - ~ ` ti[I~k L ,v. amatecl Red L1ght Enforcement 5 - - -RFP Nd:'~204J--27 ` APPENDIX .1-VIOLATOR WEB REVIEW f- _~_____ ATS affers the best Internet site far citation recipients. It affers mare User-Friendly Websife ~ information and better image and video access compared to all This user-friendly website results in higher payment rates. Due to the useful information on the site, violators other competitors' web services. For example, the ATS system have fewer questions regarding fheir violation. provides the copies of all the violation images and the related video L.._ ___._____..___". ~ __ _ __ __ .... ___.___ --- --- -- --- --- -"- clip. Other systems only provide the rear and the plate image and sometimes provide video clips. Again, ATS was the leader and innovator in the design of easy-ta-use customer friendly photo enforcement public websites, The website is available 24 x 7 x 365. People who receive violations may log onto www,Violationlnfa.com to view their violation images, associated video clips and balance due, For many clients, the site also enables the defendant to pay the fine online. If desired by the City, ATS will provide a bilingual website. The violator is provided instructions to log into the website using their Notice number and PIN which appears inside the red box on the front of the violation. On the Login screen, the Help link provided instructions for the violator to lag into the site and the Privacy Policy explains the ATS privacy policy for the site. t ~~~~~ Axsis vp5 e 41 i'ion v~n[[it In [, i~st4+, ..-.....:. .,.va .~...- ,., .,e ..3: -~T~a ~N .~rq~ww 117 iMl /h1h ~Ywl ~.e,..,n~., w~axti n - ~ weu~.r.a urx ,b,.u~,..v... ~... ~ .- y.re..~w... n.w o. ...-. „may rw. ~.,.e.a.....waaw Mw 'o ~ i ~` w o xo a u w wM-•-, lrfvneta M vn•.I.-a~~n.xn~ '.+n w«nra CIyW ~popY~FtriW .mru w,. wm+.~a~r.» TrMM1C I.IpnR B.hg Rau.n PR aex 72699 +w.w ~wonnxw wew~uryn~,. a~ Ci,m~WI, OM 'asx7~-260.3 w~~~'~~~-~ I,L,I,LI,,,I.II..,I,L,6iF.61JL+.JI.ll...,,~„I,LI ~YgM9 0116: Hflr pll'OF NO-1(~ ,..6 e 1 Violetionlnfo.com Login Screen [The data on the Notice is blocked to protect privacy] ~. " ©2009 American Traffic Solutipns, Inc. Page 99 - - - --- ..~. ~`' Apnl 13, 2009 - ~ i ~~ .. ~~ `~ rf pia iii ~~, i r i'i j i ~f' ;'.~fi::~ y ~.~ i gh . omafed,Red Li t Fntorcement_ ~ ' ~ - dam,,;, ,i,. ~~.~.: ~> ;, ~, ,., v .n~~?" Once logged into the site, it is customized with the Ciry's logo and banner. The top three most frequently asked questions are presented first. The following illustrates a typical screen view far violators that login to the website. ATS will work with the City to determine what elements and information they want available for the public to view. We provide this service for most of our clients, a Most Asked Questions CITY CAF APOPKA Q: what is a red fight running violation? A: A red light running violation occwrs when a motorist enters an intersection after the traffic signal has turned red. Motorists already in the intersection when the signal changes to red, when waiting to tum for example, are not Considered red light violators. Q: why did I receive Chi A: Based upon images I f I I i m, your vehicle was determined to have Committed a red Eight violation. As the owner of the vehi iced to you. Q: what is the fine? Are ~ A: The fine is;125.04 fo ..After the due date a late fee of;25 will be added to your fine. Review Evkk+.nce -- -- --- ~ __ _ ~~- -- c on an icon bebw Co view an image or video assoaated w' viotatian; ]PG ~ JPG ~ ]PG ~AYI rerview A Overview B Litense Plate video -~~----m- - .___ _~. __ Balance Balance :125.00 Thfs balance is updates once per day (at night). If you made an onitne payn~att today, this balance will not nEflect today's payment, Please cfietk back on the next bu~iaess day. f~.3 V C[Card Convenience fee wiN be ,,~ ~~ ~. ~~ Privacy Pniinr VPs __ V[OLf~'Ip'{?0.0LT5i5NG SY57 Ek Typical Violativnlnfo.com Screen WEBSITE SECURITY ATS' Internet security certifica#ion is provided by Thawte. ~''~ Thawte's roots have been inserted in the major browser vendors' products since 1996, ~ ~~~~~TMTM This gives ATS industry leading browser ubiquity. With our Thawte SSt. Web Server +~~ trust tnury 02009 American Traffic Solutipns, Inc. Page 100 -~~' April 13, 2009 ~~^ L..;' ~~ 4 s Dui ' i -...., . ~~ ~t~ ~ _ ;y a ~-Y ~ - - pp,~,JJ - _, ~~ _ _' _..,,. - ~~~ 1 I .F..=~ i~~~ 1 ti ~ ~ .; ~a~ A74fJ ~~~ - ~ _ 1 ~ ~~ssR~~ _ n~. has, Certificate, we are subject to the highest standard of verification and authentication procedure, In fact, a stringent checklist of activities is undertaken to ensure that you really are who you claim to be. An overview of the validation process is as follows: 1. Authentication: • Company registration details confirmed ^ Confirmation that domain is owned by requesting party. 2. Verification: ^ Third party telephone listing used to confirm that the authorized person requesting certificate is employed by requesting party. The value of this process cannot be underestimated; it is the foundation of Thawte's enviable reputation as a rock-solid independent Certification Authority (CA). The Thawte CA guarantees information privacy and protects information in transmission between our web server and your web browsers using 25fi, 128, 56 or 40-bit encryption, depending on the Gity's browser capability. i ~._. Q2009 American Traffic Solutions Inc. Page 101 ~,ti - - =~~ April 13, 2009 I, APPENDIX K-OTHER SERVICES ~~, : ~ ,, F ., i ~` ILL ,~ t~tetl Retl L3ghr Enfarreniertr ~~~~ RFP IIVia.f~t709-27 ' AMBEl9 ALERT AND PLATE 19ECOGNITION American Traffic Solutions' (ATS) Automated License Pla#e Recognition (ALPR) and Alert Services will provide the Ciry with enhanced officers' safety and productivity. Using advanced camera, recognition, and database technology, ALPR system automatically captures images of vehicle license plate numbers and instantly checks those numbers against a variety of vehicle "hot lis#s" stored in target vehicle databases. Alerts can be triggered when a "hit" (match) is detected an any given database giving the alerted appropriate agencies the opportunity to take action. The system can be used for: - AMBER Alerts - Stolen ar wanted vehicles - Boot and tow - Crashlcrime -witness identification - And any other searchable database that can be customized to meet the City's needs. Automatic license plate recognition ar ALPR is a application that captures an image of license plates in its view, processes it using a sophisticated ALPR engine and compares the plate image against the multiple database lists developed on behalf of the City that will result in real-time alerts via email to Law Enforcement or any other agencylperson designated by the Giry based on the database. The back office program stores each captured plate, date and time for 30 days. For example, a boot and tow alert could be forwarded to the Parking Authority or meter maids, while an AMBER Alert plate match might be forwarded to designated personnel at the police department, Key Features of the ATS ALPR Solution - ALPR back office searchable database containing past 30 days history of vehicle plates that have passed by the ALPR camera site can be used for data mining efforts related to crime scene investigation, criminal travel patterns and hotspots and other intelligence purposes. - Easily updateable databases of vehicle plates that can include state, local wants and warrants, violator scofflaws, stolen vehicle registrations and many other enforcement needs. - Customizable alerts and alert recipients for each ALPR database of interest (stolen vehicles, wanted felons, AMBER Alerts, etc). ;~ p2009 American Traffic Solutions, Inc. Page 102 ~~ April 13, 2009 omated Real;ttght Enfor~eit>ent _ _. arrr ~., .hn ALPR sites co-located with currentlfuture AxsisT"" photo enforcement sites can provide additional imaging evidence for crimes and wanted vehicles. The AxsisT"' LIVE video captured at the time of the ALPR alert can be pulled and reviewed to supplement and validate ALPR images. RAILROAD CROSSING ENFORCEMENT SAFaE+rR/~,,, The AxsisT"' SafeTrax system is a railroad grade crossing camera system. ATS installed SafeTrax at two ""`"°"° °"°"'"° `"`°"°E"°"r sites in Wehster Groves, Missouri in a strategic relationship with Union Pacific Railroad, Our camera systems interface directly with railroad train and gate detection systems. The unit detects trains and arms the camera to capture images of vehicles that illegally a#tempt to cross the tracks after the lights, bells andlor gates are activated. Below is a set of violation images captured by the SafeTrax system. ,~ ©2009 American Traffic Solutions, Inc. Page 1 p3 ~_,_ __.._---v_~_,____.._... ____..._--___ ___........ _..-----__.~~ __......_.._._...._~_._____ _._...._--- -~ ~» April 13, 2909 Sample Railroad Crossing Violation Images [License Plate Partially Concealed] i i i =~~ i ~ ~~~: , '.°, G ,~ ht~lil I~ f! i ~,ir I i~ ~ ~ I ,ib't i mBtedRed Lrgl~t Enfomertt ~~~ ~ ~ boos-~~ r 1 ~~ i ~ REQUIRED FORMS Below is a list of the forms that have been executed and follow this page. 1. Drug-Free Workplace Certification 2, References 3. Clarification dated 3127109 4. Clarification Correction dated 3127109 5. Addendum 1 dated 411109 6. Addendum 2 dated 413109 7. Correction an Addendum 2 dated 413109 ©2409 American Traffic Solutions, inc. Page 104 --_._ _____ _._, _...-.~_.. W _ _ .. .._ .._._ _~_ _ ""' - ~ ~ ~ -April 13, 2009 DRUG PREE WpRKPLACE CERTIFICATION. If identical tie bids exist, preference will be given to the vendors who submits a certification with their bidlpraposal certifying they have adrug-free workplace in accordance with Section 287.87, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs, Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities ar contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have adrug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed ~- upon employees for drug abuse violations. 3} This firm gives each employee engaged in providing the commodities ar contractual services that are under bid a copy of the statement specified in subsection {1). 4} In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities ar contractual services that are under bld, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty ar nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a viaiation occurring in the workplace no later than five (5} days after such conviction. S) This firm imposes a sanction an ar requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is sa convicted. 6) This firm will continue to make a good faith effort to maintain adrug-free workplace through implementation of this section. American Traffic Solutions, Inc. Contractor's Name Signature RFP No. 2609-27 29 .. ~; ~ REFERENCES -- RFP No. ~QQ9-27 COMPANY NAME: City of Palm Coast, Florida ADDRESS: City Hall, 2 Commerce Blvd. CITY: Palm Coast STATE: F~ ZIP: 32164 CONTACT NAME: Barbara Grossman, Code Enforcement PHONE #: 38t) 986-4736 ~ , •ilia•lill••11i11••iiiiii••11••111i111i1111111111i11111i1i COMPANY NAME: City of Apopka, Florida ADDRESS: 112 E. sixth St. CITY: Apopka STATE: F~ ZIP: 32703 CONTACT NAME: Sit, Stephan Brick PHONE #: 407 782-6532 •iiiiiil•lli••lliiii••11ii/111,~;.iiiiili/lilii~l~iiiiiliilt• COMPANY NAME: City of Aventura, Florida ~-- ADDRESS: 19200 w. country club Dr. CITY: Aventura STATE: FL ZIP: 33180 CONTACT NAME: ,Steve Steinberg, Chief of Police PHONE #: (305) 465-8966 i•iliiiilillilllilliillliiil111~..illy•liilliil~iiiliiiiiiill COMPANY NAME: Cit of Miami Gardens, Florida ADDRESS: 1515 NW 157th St., Bld . 5, Ste. 200 CITY: Miami Gardens STATE: Ft_ ZIP: 331ss CONTACT NAME; Danny Crew, City Manager___ PHONE #: (305) 622-8007 ••1•iiiiiliililiiliillill•liiiiiiiiiilllilliliiliiiliilll• COMPANY NAME: City of Pembroke Pines, Florida ~ .F ADDRESS: Pembroke Pines Police Department, 950D Pines Blvd, CITY: Pembroke Pines STATE: FL ZIP: 331x9 CONTACT NAME: Chief oan Giustino PHONE #: (954) 431-2200 RFP No. 2009-27 32 CLARIFICATION TO CONTRACT DOCUMENTS CITY OF DELRAY BEACH AUTOMATED RED LIGHT ENFORCEMENT SYSTEM CITY OF DELRAY BI=ACH BID No. 2009-27 March 27, 2009 ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shalt take note of the fallowing changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders mus# acknowledge Receipt of this clarification. DATES, DAY ANF TIMES CLARIFICATIONS NON-rvIANDATORY "'Thursday, April 0?_, 2009 1 U.U(? A.IVI. City Hail-1st Floor Canierer7c:e Room 1 UD NVV i st Avenge Delray Beach, FL 33444 ~--' 61D DUE 1 OPENING DATE "Monday, April U2, 2C-49 Patsy Nada! Purchasing Manager PLEASE ACKNOWLEDGE RECEIPT OF CLARIFICATION BY SIGNING BELOW AND FAXING BACK TO (5fi1) 2~3-716fi AS SOON AS POSSIBLE. Plan holder BY ~Gtrr- 'G ~ ~u.'tTMt ~ MVP f C~CJ O D~ _ Date CLARIFICATION CORRECTION To '-- CONTRACT DOCUMENTS CITY OF DELRAY BEACH AUTOMATED RED LIGHT ENFORCEMENT SYSTEM CITY OF DELRAY BEACH BID No. 2009-27 March 27, 2009 TO ALL BIDDERS AND OT RS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, a#c., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this clarification. DATES, DAY ANF TIMES CLARIFICA710NS NON-MANDATORY "'Thursday, April 02, 2009 10:00 A.M. City I--III-1 si. Floor Conference f~aorn 100 NVV 1st Avenue Delray 6eaci7, f=L 33444 ~' [31D DUE 1 OPENING DATE '~Monda~+, April 13, 200J Patsy Nadal Purchasing Manager PLEASE ACKNOWLEDGE RECEIPT OF CLARIFICATION BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 AS SOON AS POSSIBLE. Plan holder By awl k~ , `[~cr#~M l 'GV P ~ LCD C' ~P 2t70 Date aooENl3ulw 1 ~``" TO CONTRACT DOGUMENTS CITY q1F" DELRAY BEACH AUT©MATElt3 RED iTJYGHT ENFORCEJy#EhiT SYSTEM CITY aF DELRAY BEACH RFP No. 2009-27 April 1, 2008 TO ALL BIDDERS AN OTHERS CONC RNED Contractrars submitting proposals for the above referenced project shall following changes, additions, deletions clarifications, a#c., to the Plans which in accordance with the Contract Documents shat} become a precedence aver any#hing shown or dascril~ed otherwise. NOTE: Bidders must acknowledge Receipt of thus clarification. DELETED 15TRIKE THR4UC3H ``~ ~~'~~ ~' * Revised page 18 attached. take note of the and Specifications part of and have Page 1$, Paragraph S: If the Vendor is unable to meet the installation and/ar construction schedule, the Vendor will agree to support and provide the City with "liquidated damages" in an amount to be determined (if selected} by the Gity and the Vendor and included in the final agreement to provide ser-riees to the Gity of Delray Beach, Florida. Question and Answers Attached -Page 2 Patsy Nadal, Purchasing Manager PLEASE ACKNOWLEDGE REGEIPT DE CLARIFICATION BY SIGNING BELOW AND 1=AXING TO (561) 243-7166 ~R EMAILING T0: nadaf i.delra -beach fi.us AS SOON AS PASSIBLE. --~~ ~~ crfi an s J art-~.. Ian holder By a-~ ~. ~u~ j ~vl~~ ~ a ~#- ~ a . Dat ADDENDUMZ ``" TO CONTRACT DOCUMENTS GITY OF DELRAY BEAGH AUTOMATED RED LIGHT ENFORCEMENT SYSTEM CITY OF DELRAY BEACH RFP Na. 2009-27 Aprll 3, 2Q08 TO ALL BIDDERS AND OTHERS CONGER ED Contractors submitting proposals far the above-referenced project shall take Hate of the fallowing changes, additions, deletions clarifications, etc., to the Pkans and Specifications which in accordance with the Contract Documents steal! become a part of and have precedence over anything shown ar described otherwise. NOTE: Bidders must acknowledge Receipt of this clariflcatian. REPLACEMENT PAGES: FRONT COVER 1 PAGE 10 "Updated cover page and page 10 attached. Question and Answens Attached -Page 2 - 3 ~-' Patsy Nadal, Purchasing Manager PLEASE ACKNOWLEDGE RECEIPT OF CLARIFICATION BY 51GNlNG BELOW AND FAXING T4 (561) 243-7188 OR EMAILING TO: nodal c'.deira -beach fl us AS SOON AS POSSIBLE, Plan holder 0 Dat '~ CORRECTION ON AIaDENDUM 2 TO CONTRACT ©OCUME.NTS GITY OF DELRAY BEACH AUTOMATED RED LIGHT ENFORCEMENT SYSTEM CITY OF DELRAY BFACH R<`P No. 20Q9~27 April 3, 2009 TO AL BI RS ND OT S C CE Contractors submitting proposals far the above-referenced project shall take note at' the following changes, additions, deletions darificatians, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown ar described otherwise. NOTE: Bidders must acknowledge Reaefpt of this ciariFiaation. pate Carneatians ^Ai the meeting, it was also noted that the last day for vendor questions will be Wednesday OA/0812809 at ~ pm. ~ Patsy Nadal, Purchasing Manager PLEASE ACKNOWLEDGE RECEIPT OF CLARIFICATION BY SIGNING BELOW AND FAXING TO {5B1) 243-7166 OR EAAAILING TO: narlat cl.delra -beach fl.us AS SOON AS POSSIBi_E. Plan holder .~ r By am 'c , ~ ~~/{' f CO c~ D Dot a.. ~? Ft '_ 2` S ~ ~ r ~ T~ ~~`~~~~ M h~ - 4 i jj 1 t ~~I ~ ~~I~`~~ iS~ a ~ i# •~. i-, Corporate Headquarters American Traffic Solutions, Inc. 7681 East Gray Road Scottsdale, Arizona 85260 Office: {480) 443 - 7000 Fax: (480) 607 - 0901 www.atsol.cam www. redlightcamera.com t ~~~~; ~, ~ ~ ~~ rt a ' '~ L~ ~ kG ~,~'~~~~~ ,' } ~ I ~ - ~ ,, r r~i..l ~- I ~, C.. ;' f. 1 ~. I' 1_ ~N j-~ ~ ~ py~ i ~1 ~ ~~ ~~ ~ ~' ~ ~ m ~ ~. _ ~i`~, r~~~ w ~ ~ S ~,`i ~ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: May 12, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MAY 19, 2009 APPOINTMENT OF CITY ATTORNEY ITEM BEFORE COMMISSION The item before the City Commission is the appointment of the City Attorney and terms of employment. BACKGROUND Susan Ruby will be retiring effective 5:00 p.m. on June 16, 2009. The Commission, at its May 5, 2009 meeting, gave staff direction to place this item on the May 19, 2009 Commission meeting. If the Commission makes a determination on the appointment of the City Attorney, and wishes to discuss the terms of employment, a copy of a recent salary survey, pages 22 and 23 of the Evergreen Solutions Compensation and Classification Study for the City, and a contract form that mirrors the contract of the current City Attorney are attached. RECOMMENDATION City Commission discretion. ' ,. ~ ~~;~ ~ '~ ~ ~ =~-~~~-' ~ ~~` Police Legal Assistant City , , ~» ~'~;~ ~ ~, -,~~ ~~ ~ _ . ~;,~ ~,~ .s!f C.ity~County Yrs of Advisor ion simi~~ Yrs of Attny 11 t~ aimitar. Yr ,, C,jk:tl ' ~`j:.f ~ , r`-`- ° ' ,~ 1~'~pl,tl~~} AttOrilBy SVC. years of eacperlertoa) $VC. r of ~cperience) $~ C~ of Delra Beach fi5,000 $142,213 23 $100,931 20 $105,97fi Ci of Boca Raton 69,994 $213,358 19 $126,960 24 $126,960 Ci of Lake Worth 35,000 112,486- 179,962 '` ~~- # ~ ~~ ~~'~"~"'` _.~ ~' ~ ~ ,~~ - y.~ '`~ Ci of West Palm Beach 102,000 $177,091 24 $121,992 21 $121,312 Ci of Palm Beach Gardens 49,387 $150,697 '3 ~~ r '`~ Coun of Palm Beach 1.,274,013 $199,154 22 $135,244 19 $136,92 Ci of Mar ate 54,909 $224,237 35 _., -~~~ ,L~ :_ ', , ~ ,_- ~ ~ . Ci of Pom ana Beach 74,403 $150,863 31 $115,103 24 $109,563 Ci of Holl ood 139,357 $180,003 23 $119,184 18 $119,184 '*curren#ly seeicin CA overall market differentials should be considered only as a broad picture of the organization's market com- petitiveness. It is also important to note that the benchmark position Assistant City Attorney/Police Legal Advisor is not in- cluded in this analysis because none of the targets pro- vided salary information for comparison with this posi- tion. Additionally, it should be noted that the Execu- tive/Technical Assistant position only got one peer re- sponse. Market Minimums The minimum of the range is a critically important as- pect of the analysis, as this component of the compen- sation plan typically has the most impact on recruit- ment of quality staff. In most organizations, the mini- mum of the range represents the level at which most new staff are brought into the organization. Therefore, establishing a market competitive set of range mini- mums is a foundation by which an effective and valu- able compensation plan is developed. With respect to the minimum end of the ranges, Delray Beach is, as illustrated in Exhibit 4A, on average , 1.9 percent below what would be considered the "market average compensation level." It is important to remem- ber that this figure does not factor in one of the 46 benchmarks. The market average minimum figure is represented by the mean of all surveyed organizations at the minimum for each classification. Based on the data gathered at the surveyed market minimum for these benchmark positions, the following can be deter- mined: • The surveyed positions ranged from a low of 18.5 per- cent below market for the City Attorney, to 14.1 percent above market for the Building and Inspection Administra- te r. • Of the 45 titles, Delray Beach reported lower than market minimum salaries in 27 classifications, which amounts to 60 percent of the benchmarks. • Of the below market classifications, four were more than 10 percent behind the market. These classifications equate to .08 percent of the total jobs included. The two ,~ classifications furthest below the market minimum are: 0 City Attorney-18.5 percent be low market average; 0 Office Computer Specialist-14.1 percent below market average; and • At the market minimum, the following three classifica- tions were above average: 0 Building and Inspection Administrator-14.1 percent above market average; 0 Planning Director-7.2 percent above market aver- age; and 0 Environmental Services Director-5.7 percent above market average. Market Midpoints The midpoint of the range is the level at which, typi- cally, the most statistically accurate representation of the actual value of a position can be measured. When examining the overall competitive position of a specific classification, many organizations will look solely at the midpoint in ascertaining a specific "market value." While this is a practical method for quickly evaluating a classification vis-a-vis a group of peers, it is not a sta- tistically viable method for developing a new or revised compensation and classification structure for an entire organization. Nevertheless, looking at the organiza- tion's competitive position against the market peer av- erage at the midpoint is helpful in building the pieces for a comprehensive solution that fits the overall needs of the organization. In Exhibit 4A, the average midpoint for the market peers are provided for each benchmark classification, along with the competitive position of Delray Beach in comparison to market peers. Based on the data gath- ered at the market midpoint of the salary range, the following can be determined: • On average, Delray Beach classifications are 3.7 percent below the market average at the midpoint of the range. Page 22 • Of the 31 positions below market at this central point of the range, it was found that they were an average of 7.02 percent lower than their peers. • The data show that 31 of the 45 benchmarks (69 per- cent) are below the market average at the midpoint. • Six classifications registered greater than 10 percent below the market average. • At the market midpoint, the following three classifications demonstrate the most critical variance from market aver- age: 0 Assistant City Attorney-34.1 percent below market average; • A total of 32 of the 45 benchmark classifications (71 percent) came in below the market average maximum for their specific classification. • Six of the 45 classifications were greater than 10 per- cent below the market average for their specific classifi- cation. The most severe variance is again for the Assis- tant City Attorney at 67.4 percent below market maxi- mum. • At the survey maximum, salaries range from a low of at 67.4 percent below for the Assistant City Attorney to a high of 12.8 percent above market for the Building and Inspection Administrator. Salary Survey Conclusion 0 City Attorney-18.6 percent below market average; 0 Office Computer Specialist-16.3 percent below market average. From the analysis of the market salaries and ranges in comparison to the compensation ranges of The City of Delray Beach (using the information provided at this time) several conclusions can be reached: Market Maximums The maximum salary level of a specific range repre- sents the highest level of compensation that an individ- ual can reach within a specific classification. This is also often referred to as the maximum potential value of an employee in a given classification. Organizations that have high levels of tenure are particularly sensitive to competitive forces at the maximums of the ranges. Without competitive maximums, an organization will face salary compression issues over time, along with an inevitable workforce planning challenge when long- tenured employees leave en masse for more lucrative employment opportunities due to the low levels of the range maximums. In The City of Delray Beach's case, the average maximums are further from the market, which could indicate problems with retention or could point to salary compression issues. Exhibit 4A shows the relative position of Delray Beach in comparison to the market average for the range maximums. As the exhibit illustrates, the City is on av- erage 5.08 percent below the market average at the range maximum. The comparison of the market maxi- mums yielded the following considerations: • Delray Beach is approximately two percent below the market average minimum across all benchmark titles. • The City overall is 3.7 percent below the market average mid- point across all titles included in the survey. • At the maximum of the range, Delray Beach classifications are on average 5.08 percent below the market average. • Taken together, this indicates that Delray Beach pay ranges are very close to market at minimum but move farther from market as you move through the pay range. When the dis- tance from market expands as the pay ranges increase from minimum to maximum it often means that pay grade range spreads are too narrow. This could result in many employees "topping out" their ranges which can also lead to further is- sues with compression. Where the City of Delray Beach may be more competitive at the hiring ranges, employees' earning potential is somewhat limited by their pay range maximum as it falls below market value. Overall, the City of Delray Beach is positioned not too far below market (on average, between 2 and 5 per- cent below). These number are by no means alarming, but the City could still benefit from taking steps to re- vise its pay plan to ensure retention of employees and to alleviate compression issues. Specific actions rec- ommended to adjust the pay plan will be found in the draft and final reports. Page 23 EXHIBIT 4A CITY OF DELRAY BEACH SALARY SURVEY MARKET AVERAGES AND DIFFERENTIALS ADMINISTRATIVE ASSISTANT $34.204.48 -7.62'%~~ $42.927.87 -7.49'%~~ $51.65L27 -7.41'%~~ ADMINISTRATIVE OFFICE MANAGER $40.249.10 7 44^, $50.149.83 -7.11'r~~ $60.050.56 -6.89^, ASSISTANT CITYATTORNEY I $80.648.59 -0.81'%~~ $107.283.60 -34.11'%~~ $133.918.61 -67.40'%~~ ASSISTANT CITY ATTORNEY/POLICE LEGAL ADVISOR ASSISTANT CITY MANAGER $93.838.41 1.43'%~~ $120.824.88 -1.53'%~~ $147.811.36 -3.50'%~~ BUILDING & INSPECTION ADMINISTRATOR $57.253.61 14.06'i~~ $72184.79 13.33^, $87.115.97 1284^, CHIEF INFORMATION OFFICER $72295.12 0.41'%~~ $92675.10 -212'%~~ $113.055.08 -3.81'%~~ CITY ATTORNEY $168.626.22 -18.58'i~"~ $168.626.22 -18.58'%', $168,626.22 -18.58'%', CITY CLERK $66.384.32 240'%~~ $83.297.19 204'%~~ $100.210.06 1.80'%~~ CITY ENGINEER $74.645.07 -283^, $96.067.42 -5.86'R~ $117.489.76 -7.88"<'~ CITY MANAGER $175.285.33 -6.08'%~~ $175.285.33 -6.08'%~~ $175.285.33 -6.08'%~~ CODE ENFORCEMENT OFFICER $34.973.99 -1.48^, $44.273.97 -226'i~~ $53.573.96 -2.78^, CODE ENFORCEMENT OFFICER SUPERVISOR $43.624.56 -8.33'%~~ $55.024.56 -9.29'%~~ $66.424.56 -9.93'%~~ COMMUNICATIONS SPECIALIST $35.16204 -2.02'%~~ $44.237.99 -218'?~~ $53,313.93 -2.28'%~~ COMMUNITY IMPROVEMENT DIRECTOR $76.114.49 218'%~~ $99.813.67 -260'%~~ $123.512.85 -5.79'%~~ COMMUNITY SERVICE OFFICER $30.217.70 4.92'i~~ $37.964.40 4.94^, $45.711.10 4.95'i~~ COMPENSATION AND BENEFITS MANAGER $49.630.59 -6.66'%~~ $62681.45 -7.72'%~~ $75.732.32 -8.43'%~~ CONSTRUCTION SUPERINTENDENT $43,849.67 -126'?~~ $55.532.28 -2.61'%~~ $67.214.89 -3.51'?~~ CRIME SCENE INVESTIGATOR $35.351.17 -257'%~~ $44.481.49 -2.74'%~~ $53.611.81 -285'%~~ CUSTOMER SERVICE REPRESENTATIVE $28.504.85 -3.98^, $35.880.36 -4.23'R~ $43.255.87 -4.40^, DATA PROCESSOR $25.439.87 0.48'%~~ $32109.93 0.08'%~~ $38.779.98 -0.18'%~~ EDUCATION COORDINATOR $48.761.54 260^, $61.584.32 1.55'i~~ $74.407.10 0.85^, ENVIRONMENTALSERVICES DIRECTOR $83.868.88 5.77'%~~ $108.088.60 282'%~~ $132308.31 0.86'%~~ EVIDENCE CUSTODIAN $33.189.02 -4.43'%~~ $41,251.56 -329'?~~ $49,314.11 -2.55'%~~ EXECUTIVE ASSISTANT $37.853.46 -1.05'%~~ $47.573.58 -1.61'%~~ $57.293.69 -1.98'%~~ EXECUTIVE/TECHNICAL ASSISTANT $39.099.59 290'i~~ $49.201.08 227^, $59.30257 1.86'i~~ FINANCE DIRECTOR $85.585.94 -282'%~~ $110.011.17 -5.75'%~~ $134.436.41 -7.70'%~~ FIRE CHIEF $85,713.99 3.70'?~~ $108.774.93 2.21'%~~ $131,835.86 121'?~~ HRCONSULTANTADMINISTRATION $45.136.17 -1209'%~~ $56.497.42 -1222'%~~ $67.858.66 -1230'%~~ HUMAN RESOURCES DIRECTOR $79.863.17 4.06'R~ $102889.03 1.10"<', $125.914.90 -0.88^, LEGAL SECRETARY II $35.591.46 -11.98'%~~ $45.248.40 -13.30'%~~ $54.905.34 -14.17'%~~ OFFICE ASSISTANT I $25.060.83 -4.95^, $31.424.25 -4.66'i~~ $37.787.68 -4.47^, OFFICE COMPUTER SPECIALIST $37.005.10 -14.12'%~~ $47.156.16 -16.29'%~~ $57.307.23 -17.74'%~~ PARKS & RECREATION DIRECTOR $77.581.76 0.30'%~~ $99.97223 -2.77'?~~ $122362.70 -4.81'%~~ PAYROLL ADMINISTRATOR $38.809.02 3.63'%~~ $48.537.67 3.59'%~~ $58.266.31 3.57'%~~ PENSION COORDINATOR $42003.33 -4.31'i~~ $53.452.22 -6.17^, $64.901.11 -7.41'i~~ PLANNER $44.461.54 4.44'%~~ $55.961.55 3.83'%~~ $67.461.56 3.41'%~~ PLANNING DIRECTOR $77.261.38 7.18"<', $98.243.39 5.56^, $119.225.39 4.48'i~~ POLICE CHIEF $90.71290 4.71'%~~ $111.890.67 5.98'%~~ $133.068.44 6.82'%~~ POLICE INFORMATION SPECIALIST $28.739.59 -4.83'?~~ $35.872.25 -4.21'%~~ $43.004.92 -3.79'?~~ RECREATION SUPERVISOR V $45.548.72 211'%~~ $57.099.33 1.87'%~~ $68.649.95 1.71'%~~ RISK MANAGER $64.730.95 -6.87^, $82.174.52 -8.55'R~ $99.618.09 -9.67"<'~ SAFETY SPECIALIST $46.863.66 -8.22'%~~ $59.583.00 -10.09'%~~ $72.302.34 -11.34'%~~ STAFF ASSISTANT I $26.268.70 -2.76'%', $33,072.21 -291'?~~ $39,875.72 -3.01'%~~ STREETS SUPERINTENDENT $49.670.45 -6.75'%~~ $62173.22 -6.85'%~~ $74.675.99 -6.91'%~~ Source: Evergreen Solutions, September 2008 Page 24 EMPLOYMENT AGREEMENT THIS AGREEMENT by and between the City of Delray Beach, Florida {the City), and ('"Employee"), is entered into this day of 2009. WHEREAS, the City, through the City Commission desires to provide certain benefits and to establish certain conditions of employment; and, WHEREAS, the City and Employee agree that formalizing certain terms and conditions of employment are to their mutual benefit. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED,. THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Duties The City hereby agrees to employ said employee as City Attorney of the City of Delray Beach, Florida to perform the functions and duties specified in the City Charter and -Code of Ordinances of the City of Delray Beach, Florida and to perform other such legally permissible and proper duties and functions consistent with the office of the City Attorney, as the City Commission of the City shat! from time to time assign. Sec#ion 2. Term. A. The term of this Agreement shall be from 5:00 p.m. on June 16, 2009 until termination by either party in accordance with the provisions set forth herein. during the term ofi this Agreement, the Employee shall be a full-time City Attorney. B. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the City and the City Commission to terminate the services ofi the Employee at any time, with or without cause, subject only to the 1 provisions set forth in this Agreement and those contained in the City Charter of the City of Delray Beach, Florida. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Empioyee to resign at any time from Employee's position with the City, subject only to the requirements and provisions set in this Employment Agreement. Section 3. Salarv. City agrees to pay Employee an annual salary, payable in installments at the same time as other general employees are paid. The City Commission shall engage in an annual performance evaluation and salary review of said Employee made not later than in August of each year being in advance of the final adoption of the annual operating budget of the City so that appropriate funding may be provided. Any salary increase awarded shall be effective October 1st of each year. The Employee will be entitled to ali of the cost-of-living/economy increases which the City may grant to its upper management level employees not covered by a collective bargaining agreement, if any, when such increases are authorized and commenced by the City Commission. Section 4. Pension. The City agrees to contribute to the Employee's pension in the same manner as provided other management employees and general employees of the City, not covered by a collective bargaining agreement. Section 5. Vacation. Sick Leave. FLSA. The Employee shall be entitled to sick, vacation and Fair Labor Standards Act (FLSA) leave, as provided other management employees and general employees of the City, not covered by a collective bargaining agreement. 2 Section 6. Disability, Health,_Lifie and Vlforkpr's Compensation Insurance. The City agrees tv provide life insurance, health insurance, disability insurance and worker's compensation insurance to the Employee under the same terms and conditions as other management employees and general employees, not otherwise covered by any collective bargaining agreement. Section 7. Automobile. The Employee's duties require that Employee have the use of an automobile during employment by the City. To that end, the City shall grant Employee a car allowance having an adjusted after tax benefit of foe hundred dollars ($500.00) per month. Section 8.Outside Ac#ivities and Hours of Work. It is recognized that Employee must devote a great deal of time outside normal office hours to business of the City. Employee shall be allowed to take reasonable compensatory time off as shat[ be deemed appropriate during said normal office hours. Section 9. Civic Club Membership. Employee is authorized to become a member of one civic club for which the City will pay dues, as well as reasonable expenses for attendance at breakfast, luncheon or dinner meetings. Section 10. Professional Development. A. Employee is encouraged to enhance professional development. The City agrees to budget and pay for professional dues, subscriptions, continuing education, all as may be necessary for hislher continuation and full participation in national, regional,. state and local associations and organizations, and as may be required to remain in good standing with the Florida Bar. 3 B. The City hereby agrees to budget for and pay for reasonable and necessary travel and subsistence expenses of the Employee far professional and offce travel, meetings and occasions adequate to continue the professional development of the Employee. Section 11. Indemnification. A. The City shall provide a legal defense and indemnification under the same terms and conditions as provided to other employees of the City in accordance with the requirements and provisions of the City Charter and Code ofi Ordinances of the City of Defray Beach, Florida. The City shall have the right to compromise and settle any such claim or suit and pay the amount of any such settlement or judgment rendered thereon, in its sole discretion. B. The City shall bear the full cost of any fidelity or other bonds which may in fhe future be required of the Employee by law or ordinance. Section 12. Termination and Severance Pay. A. In the event the Employee is terminated by the City Commission, the City agrees to pay the Employee a lump sum cash payment equal to ninety days {90) aggregate salary; provided, however, that this provision notwithstanding, in the event the Employee is terminated because of himlher being found guilty by a court of competent jurisdiction of an illegal act involving personal gain to himlher, yr of any felony or misdemeanor involving moral turpitude, then, in that event, the City shall have no obligation to pay any aggregate severance pay designated in this section. B. In the event the Employee voluntarily resigns hislher position with the City, then the Employee shall give the City at least thirty {30) calendar days notice in advance, unless the parties otherwise agree, and in such case of voluntary resignation, the Employee shall not be eligible for payment of the aggregate severance pay set forth in this Section. Section 13. Other Terms and Conditions of Employment. A. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with or in direct conflict with the provisions of this Agreement, the City Charter, the Code of Ordinances, or any other applicable law. B. All other provisions of the City Charter, City Code of Ordinances, and rules and regulations of the City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter amended, shall also apply to the Employee as it would be to other general employees of the City, not covered by a collective bargaining agreement, in addition to benefits of the Employee provided for in this Agreement. C. The Employer shall nat at any time during the term of this Agreement, reduce the salary, compensation or other financial benefits of the Employee,. except to the degree of such a reduction across-the-board for all general employees of the City. Section 14: Notices. Notices shall be given by regular first class mail, addressed as follows: City: Mayor City of Delray Beach, Florida 100 NW 1St Avenue Delray Beach, FL 33444 Employee: 200 NW 1$ Avenue Delray Beach, FL 33444 5 Alternatively, notices may be hand-delivered. Notice shall be deemed given as of the date of personal service or as of the date of deposit in the course of transmission in the United States Postal Service. Section 15. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. C. If any provision, or any portion thereat, contained in this Employment Agreement is held unconstitutional, invalid, or unenforceable., the remainder of this Agreement, a portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first written above. Attest: City Clerk Approved as to form: City Attorney Witnesses: Gity of Delray Beach Mayor Employee (print or type name) (print or type name) (print or type name) 6 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MAY 19, 2009 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND Mrs. Thuy Shutt, regular member on the Delray Beach Housing Authority, submitted her resignation effective April 22, 2009. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending July 14, 2010. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Ms. Choli Anderson is registered to vote in Broward County. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending July 14, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Choli Aronson Parnel Auguste George Coleman Reginald Cox Edward Desmond Joe Farkas Gerald Franciosa Philip Friedman Irene Frazier Pearl Markfield-Elrod George Maso Shelly Petrolia Alexia Rouquette Jeff Staley Alan Weitz (currently serving on the West Atlantic Redevelopment Coalition) (currently serving on the Public Employees Relations Commission) (currently serving on the Code Enforcement Board) (currently serving on the Nuisance Abatement Board) ~_ f Aprll 2212t}09 Honorable Mayor V1loodie McDuftie and City Commissioners City of Delray Beach 100 NW 1~# Ave Delray beach, Fl_ 33444 RE; Resignation from the ©eiray Beach Housing Authority Board (DBHA) Dear Honorable Mayor McDuffie and City Gommissloners: It is with regret that I am writing to you. l have recently been appointed to Palm Beach County Overall Economic Develflpment Program (OEDP) Committee by Commissioner de#1' Koons to fill the vacant CRA p4si#ion. Due to an Increasing demand on my time at work and the daytime commitment required far Moth of these appointed offices, !will be unable to continue my services to the City of Delray Beach as a DBHA Commissioner. The mission of the DBHA is invaluable to the community and 1 am proud to have been a part In its work these past three years. The unique talents assembled on this Board (and its dedicated complement of staff are evidence of the City Commission's commitment to afFordable housing, I am forever r~rateful for this and pas# opportunities to learn and serve the City and will hope to be of service again in the fature when time permits. Respectfully yours, They T. Shutt oc: Mrs. Angela Randolph, Chair. DBHA Mrs, porothy Ellington, CEO. DBHA Mrs. Chevelle Nubia, City Clerk 14~ N1;12th Strut ~ Delray Beach ^ F4orida, FI~ 33444 ^ 561-265.408fi ^ shutts4@att.r~et DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 3105 Delray Beach, FL 33445 04/09 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph Hepp Unexpired Appt 10/21/08 07/14/2010 Shelly Weil Unexp Appt 07/14/2010 Sylvia Morris Unexp Appt 07/10/07 07/14/2009 Angela D. Randolph, QZair Appt 07/24/01 Reappt 06/21/05 10/27/2011 QZristel Silver Appt 11/6/07 03 /06 /2010 Morris L. Weinman, Vice Qiair Unexpired Term 03/06/01 Reappt 02/05/02 Re t 02/21/06 07/14/2010 Vacant Director: Dorothy E llington Contact: Nina Levina/Jaclde 272-6766 X-18 nlevine@ dblla.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 09 /Defray Beach Housing MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MAY 19, 2009 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Police Advisory Board. BACKGROUND Mr. Joshua Bressler, regular member on the Police Advisory Board, submitted his resignation effective April 14, 2009. The resignation letter is attached for your review. This created a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2010. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community: business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. Carl Forrest who has two liens on his property for unpaid services to the water department. To date, Mr. Forrest owes $1,174.42 to the Utility Billing Division. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to the Police Advisory to serve an unexpired term ending July 31, 2010. City of Delray Beach Police Advisory Board -Applicants Exhibit "A" 1. Annie Adkins Roof ResidentBusiness Owner 2. Theodore Berman ResidentBusiness Owner 3. Rosalie Blood Resident 4. Claxton, Wyana Resident 5. Catherine DeMatto Resident 6. Margherita Downey ResidentBusiness Owner 7. Fenoglio, Laura Resident 8. Carl Forrest Resident 9. David Gold ResidentBusiness Owner 10. Mercatur Guerrier Haitian Resident 11. John Hallahan Resident 12. Jayne King Resident 13. Ellen Major Hanna African American Resident 14. Isabel Make Resident 15. George Maso Resident 16. Matthew Monahan Resident 17. Jeff Ritter Resident 18. Kathy Shackman Resident 19. Brian Smith Resident 20. Abbey Weiss Resident 05/09 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 12/13/09 Sinam Al-Khafaji Appt 01/15/08 07/31 /10 Annette Annechild, Vice Chair Appt 12/13/05 Re t 12/09/08 07/31 /10 Samuel Menard Unexp Appt 07/01 /08 Reappt 12/09/08 07/31/10 Vacant 12/13/09 Walter Earley Appt 01/03/08 07/31 /09 Regine Celestin Unexp Appt 09/03/08 (Student) 07/31 /09 Jason Dollard Unexp Appt 09/03/08 07/31 /10 Jose Herrera Unexp Appt 06/20/06 Reappt 12/09/08 12/13/09 Joseph Ingram Jr. Appt 01/03/08 07/31 /10 John Jackson Appt 12/13/05 Re t 12/09/08 07/31 /10 Grace Maybee Unexp Appt 06/19/07 Reappt 12/09/08 (Student) 07/31 /10 Jimmy Weatherspoon Appt 12/13/05 Reappt 12/09/08 12/13/09 Shelly Weil, Chair Appt 01/17/06 Reappt 01/03/08 Flpr 14 X005 8:14AM Joshua R Bressler [9171 470-9901 p.2 2285 Izabbit Hollowe Cir Del ray Beach, FL 33445 April 14, 20019 VIA FACSIMILE (561,y 243-3774 Ms. Venice Cobb Executive Assistant/Board Liaison City of I~eiray Beach 100 IV,W. 1st Avenue pelray Beach, FL 33444 Re: Police Advlsorv Boa ©ear Venice: I have been privileged to serve the police Advisory Board as a Member Since its Inception in 2006, As you know, as we are expectiing our #Irst child In May, my wife Arete and 1 recently elected to spend some time away from our Defray Beach home; as such, my In-person attendance at monthly Board meetings has become impracticable, Rather than continue to occupy a Board seat under such circumstances, and aut of respect for the Soard's work, far which my colleagues deserve an active and contributing participant, I wish to resign my Board seat so that the Commission may appoint a successor. please again extend my appreciation to Chief Strlanese, Cathy i(ozal and all of our other Board colleagues for allowing me the opportunity to .serve our community In.#hls capacity, It has been time well spent. I wish everyone continued success. Kind rag . ~v Josh a R, Brassier MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF MAY 19, 2009 APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Affordable Housing Advisory Committee. BACKGROUND On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12-08 establishing the Affordable Housing Advisory Committee for the purpose of recommending incentives for affordable housing to the City Commission. The terms for Mr. Perry Rohan, Ms. Dorothy Ellington, Ms. Wanda Gadson, Mr. William Hatcher and Ms. Connie Staundinger will expire on June 17, 2009. Mr. Rohan will have served a partial term, is eligible and would like to be considered for reappointment. Ms. Ellington, Ms. Gadson and Ms. Staundinger will have served one (1) full term, are eligible and would like to be considered for reappointment. Mr. Hatcher, who represents the category of "areas of labor actively engaged in home building in connection with affordable housing",will have served one (1) full term and would not like to be considered for reappointment. Please note that there are no applicants to represent areas of labor actively engaged in home building in connection with affordable housing. Appointments are needed for four (4) regular members to serve two (2) year terms ending July 31, 2011. July 31, 2011 complies with the expiration date required in the City Code. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as afor-profit provider of affordable housing. (f) One citizen who is actively engaged as anot-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to Florida Statutes Section 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The following individuals have submitted applications and would like to be considered for appointment: Actively engaged in the residential home building industry in connection with affordable housing: Perry Rohan (Incumbent) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing: Dorothy Ellington (Incumbent) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing: Wanda Gadson (Incumbent) Regina Hands Kurt Heide Alan Weitz One citizen who is actively engaged as afor-profit provider of affordable housing: Connie Staundinger (Incumbent) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5) for four regular members to serve two (2) year terms ending July 31, 2011. RECOMMENDATION Recommend appointment of four (4) regular members to the Affordable Housing Advisory Committee to serve two (2) year terms ending July 31, 2011. 06/08 AFFORDABLE HOUSING ADVISORY COMMITTEE TERM EXPIRES REGULAR MEMBERS OCCUPATION CATEGORY FILLING 06/17/2009 ~t 02/17/09 ~~~~ Residential home te~> Perry Rohan Real E state building 06/17/2009 Appt 06/17/08 DorothyEllington Executive Advocate for low Dir. /Hous' income rsons 06/17/2009 Appt 06/17/08 Wanda Gadson Finance-Executive Banking or Director mort bankdn 06/17/2010 Appt 06/17/08 VP of Qiarles Halberg, Qiair Construction/Business Serves on local Owner 1 a c 06/17/2010 ~t 07/01/08 Represents essential Gerald Crocilla Educator services personnel 06/17/2009 Appt 06/17/08 Areas of labor William Hatcher actively engaged in General Contractor home buildin 06/17/2010 Appt 06/17/08 Alberta McCarthy Real Estate /consultant Real E state Professional 06/17/2010 ~t 06/17/08 Cannelita Smith, Vice Qiair Programrning Citizen who resides Manager/Housing within the Coordinator 'urisdiction 06/17/2009 Amt o6/i~/os For-profit provider Connie Staundinger Director of of affordable Development Housing 06/17/2010 Amt o6/i~/os Represents Sandra Weatherspoon employers within Assistant Princi al the ' urisdiction 06/17/2010 Engaged as a not- A~t o~/oi/os for-profit provider Evelyn Dobson of affordable O rations Mara r hoes' Contact: Elizabeth Alpert 243-7282 S/City Clerk/Board 09/Affordable Housing Advisory Committee MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAY 19, 2009 ORDINANCE NO. 14-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of a City initiated annexation (via Agreement for Water Service), small-scale Future Land Use Map (FLUM) Amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Road. BACKGROUND At the first reading on May 5, 2009, the Commission passed Ordinance No. 14-09. RECOMMENDATION Recommend approval of Ordinance No. 14-09 on second and final reading. ORDINANCE NO. 14-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD APPROXIMATELY 1,760 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-1-AAA (SINGLE FAMILY RESIDENTIAL); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Edmond Etienne and Kettly Etienne are the fee simple owners of a 0.88 acre parcel of land located on the west side of Barwick Road, approximately 1,760 feet north of Lake Ida Road (13415 Barwick Road); and WHEREAS, pursuant to the Agreement for Water Service executed on December 7, 2007, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM) designation of MR-5 (Medium Density Residential, 5 units per acre); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of April 20, 2009, and voted 5 to 0 to recommend that the annexation be approved with an initial zoning of R- 1AAA (Single Family Residential) and City Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac), based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The South half of the North two-fifths of the East half of the Southeast quarter of the Southeast quarter of the Northwest quarter of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 40 feet thereof for road right-of-way. 2 Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0-5 du/ac). Section 7. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 8 That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1-AAA (Single Family Residential) as defined by existing ordinances of the City of Delray Beach. Section 9 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 11. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the 3 Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 20 ATTEST MAYO R City Clerk First Reading Second Reading 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: April 27, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE NO. 14-09 ITEM BEFORE COMMISSION The action before the City Commission is the approval of a voluntary Annexation (via Agreement for Water Service), Future Land Use Map (FLUM) amendment -small scale from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Road. BACKGROUND The property under consideration is a 0.88 acre parcel that contains a 4,185 sq. ft. residential structure which has been converted to accommodate an assisted living facility. On December 7, 2007, an Agreement for Water Service, which contains a voluntary annexation clause, was executed for the subject property. Section 7 of the Agreement for Water Service states: "The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto". Subsequent to the execution of the agreement, water service was installed. On February 26, 2009, the Planning and Zoning Board initiated the FLUM amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac and rezoning from CountyAR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for the subject property. REVIEW BY OTHERS At its meeting of March 16, 2009, the Planning and Zoning Board considered the Annexation, FLUM amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1- A.A.A (Single Family Residential). At that meeting following public testimony, the Board continued the petition at the request of the property owner's representative in order to allow the property owner and representative to meet with staff. At its meeting of April 20, 2009, the Planning and Zoning Board held a public hearing to reconsider the annexation, Future Land Use Map amendment and rezoning requests. Following the public hearing, the Board voted 5 to 0, to recommend to the City Commission approval of the Annexation, FLUM Amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac), and the initial zoning designation of R-1-A.A.A (Single Family Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with F.S. 171.044 in that the property is contiguous to the City, reasonably compact and does not create an enclave; consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Palm Beach County Notice On February 19, 2009, the Palm Beach County Planning Division was notified of the City's intent to annex this property. The City received a response from the County on March 9, 2009 in which the County acknowledged the request was consistent with Chapter 171 F.S. and that they had no objection. Interlocal Plan Amendment Review Committee (IPARC) Notice: Notice of the Future Land Use Map Amendment was also provided to IPARC which distributes the information to adjacent municipalities. To date, no objections have been received. RECOMMENDATION By motion, approve on first reading Ordinance No. 14-09 providing for the voluntary annexation (via Agreement for Water Service) and City-initiated Future Land Use Map amendment (small scale) from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac), and the initial zoning designation of R-1-A.A.A (Single Family Residential) for 13415 Barwick Road, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with F.S. 171.044 in that the property is contiguous to the City, reasonably compact and does not create an enclave; consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Proposed Ordinance 14-09 Planning and Zoning Staff Reports April 20, 2009 and March 16, 2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 11, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MAY 19, 2009 ORDINANCE NO. 16-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION Ordinance 16-09 addressesthe recommendations contained within the Old School Square Historic District Resurvey Report including extending the Period of Significance to 1965 and reclassifying 23 properties from non-contributing to contributing. The Commission passed the ordinance on first reading at the May 5, 2009 meeting. The Commission asked to have a presentation from the consultant at second reading. Staff requests that second reading be postponed to the June 2, 2009 meeting to ensure that the consultant can attend. MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: April 27, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE NO. 16-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 16-09 which adopts the recommendations of the Old School Square Historic District resurvey report, including expansion of the Period of Significance (POS) to 1965, and reclassification of 23 properties. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Old School Square, Nassau Park, and West Settlers Historic Districts. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts, and to identify those with both contributing and non-contributing buildings and structures. An historical overview of each area was provided in the final report. The City Commission reviewed the recommendations of the final survey report for the Old School Square Historic District at its workshop on February 10, 2009 as follows: . That the POS be extended to 1965 (currently spans to 1943); . That 23 properties be reclassified from non-contributing to contributing; . That the City consider adding an additional two blocks between SW 2nd Street and SW 4th Street to the district; and, . That listing on the National Register of Historic Places (NRHP) be sought for the entire district. Ordinance 16-09 provides for the POS extension to 1965, and the reclassification of 23 properties within the Old School Square Historic District. Additional analysis is contained within the attached HPB Staff Report. Ordinance 16-09 also contains two attachments: Attachment A -Old School Square Historic District Resurvey Report, and Attachment B -Old School Square Historic District property list including dates of construction, architectural styles, and classifications. The recommendation for listing on NRHP will be explored in the coming months and, if supported, will be adopted by a separate Ordinance. The recommendation to expand the district may be initiated via the next survey of the district at which time the additional research within the "new" area may be completed. REVIEW BY OTHERS The Pineapple Grove Main Street Committee (PGMS) reviewed Ordinance 16-09 at its April 1, 2009 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed Ordinance 16-09 at its April 13, 2009 meeting and recommended approval with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. The Historic Preservation Board (HPB) reviewed Ordinance 16-09 at its April 15, 2009 meeting and recommended approval on a vote of 4-0. The Community Redevelopment Agency (CRA) reviewed Ordinance 16-09 at its April 16, 2009 meeting when a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. RECOMMENDATION Approve Ordinance 16-09, adopting the recommendations in the resurvey report including the expanded Period of Significance to 1965 and reclassification of 23 properties. HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF; APRIL 15, 2009 ITEM: CONSIDERATION OF ORDINANCE 16-09 FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 23 PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTfNG. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 16-D9 providing for the adoption of the resurvey report of Old School Square Historic District (OSSHD) including extension of the Period of Significance {POS) to 1965, and reclassifying 23 properties from non-contributing to contributing, pursuant to Land Development Regulations (LDR) Section 4.5.1 (N}, Criteria for Change of Historic Classification and 4.5.1(0}, Procedures for Change of Historic Classification. BACKGROUND The City hired RJ Heisenbottle Architects, lnc. to conduct a survey of the Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts from July 20D$ -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts and to identify those which contain both contributing and non- contributing buildings and struc#ures. A historical overview of each area was provided in the final survey report, which was reviewed by the City Commission at its workshop on February 1D, 2009. The final survey report to be adopted is for the Old School Square Historic District. The recommendations are as follows: That the Period of Significance (POS} be expanded to 1955, which would reclassify 23 properties from non-contributing to contributing. The current POS spans through to 1943. See Exhibit A and the attached map far those properties recommended for reclassification. • That listing on the National Register of Historic Places be sought for the entire district. • That consideration be given to expanding the district's southern boundary to SEISW 4`h Street. Following are details regarding the Period of Significance and listing on the National Register of Historic Places: Period of Si nificance ~Jr~r~~ ` ~~.~~~; (~}Icf $3€;P7c~wI ~ ~.nY~ .{;~~~r~ ii~'i~^¢ r?~^~°~r~~~:y The resurvey report notes that the Oid School Square Historic District "comprises the oldest and some of the most threatened sections in the City of Delray Beach, due to its location in the heart of today's downtown area." Further, OSSHD "presents a glimpse of the historical continuum of the community." The recommendation to extend the Period of Significance to 1965 would include the later (eligible} development of 1944 -- 1965. This development period highlights the ongoing Post World War II development trends. The cut-off date is noted as such to correspond with the "construction gap between the 1960s and 1990s when few if any new structures were built within the district". National Register of Historic Places {NRHP) Listing on the NRHP would provide additional recognition for the district, and additional review criteria or restrictions would not be placed on those properties located within the boundaries. While City Staff may proceed with an application for listing on the NRHP, research and application preparation assistance will be needed by residents within the d"rstrict, or other interested parties. The application for listing would be processed via recommendation of support by the HPB to the City Commission. The HPB review should include property owners within the district as a way of keeping them informed and involved, and should occur prior to completion and submittal of the application. Once the application is submitted to the State Historic Preservation Office (SHPO) for review, a letter or newspaper advertising will be provided, at which time a property owner will have the opportunity to formally support or object to the listing. Boundary Expansion The final survey report notes that "it becomes difficult to ascertain or justify the present southern terminus...aiong South Swinton Avenue...there are no physical changes,...and the building stock does not change significantly once one crosses that imaginary (boundary} line." The survey report recommends that the City consider extending the boundary south to SW 4'" Street. It is noted that further study is required far the extension, and this action will not occur via adoption of the subject Ordinance. Ordinance 16-09 includes Attachment A, the Final Survey Report for the Old School Square Historic District, and Attachment B, which notes each property and its date of construction, historic classification, and architectural style. Consideratron of Ordinance 16-09 is now before the Board for review and recommendation to the City Commission. ANALYSIS Pursuant to LDR Section 2.2.6(A}, a Historic Preservation Board for the Cify of Delray Beach is hereby created. The up rpose of this Board is fo foster and promote fhe reco nitq ion, profection, enhancemenf and use of historic resources in the City of Delray Beach and to have a lay body which shall have aufhority to act on matters pertaining to historic preservation. Pursuant to LDR Section 2.2.fi(D)(1), Duties, Powers, and Responsibilities, the Historic Preservation Board shall develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor fo improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofif organizafions in maintaining this survey. £~r,^?;~ . x,~n ~r_U: ~J~c~ ~;cP~G=w( ~~~~r~ ? is~?~c~ric~ i~tri€;i ~s~~~ry Pursuant to LDR Section 2,2.6(D)(2), Duties, Powers, and Responsibilities, the Historic Preservation Board steal! nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAFF COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the Old School Square Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Classification {1 } A survey of all historic disfricts maybe conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (b) Criteria for Change of Historic Classification: if a Cify-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.9(0) and steal! be determined as follows: 9. The survey recommends the inclusion of an additional "Period of Significance'; which would reclassify properties from non-contributing to contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify fhe structure from contributing to non-contributing. STAFF COMMENT: The subject survey meets the criteria for change of historic classification as it was conducted within the last 5 years (complete January 2009}, and the survey recommends that the Period of Significance be adopted which would reclassify 23 properties from non-contributing to contributing. Therefore, the reclassifications of the properties listed in Exhibit A may be reviewed. LDR Section 4,5.1(0), Procedures for Change of Historic Designation andlor Classification (2) Procedures for Change of Historic Classification; Applications to change the historic classification of a property or properties within a historic district shall be made to fhe Historic Preservation Board and maybe initiated by written request of.• (a) The Historic Preservation Board based upon the recommendations of a City- initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of aCity-initiated survey completed within five (5) years prior to the application; or (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section ~1.5.9(N)(9). The Planning and Zoning Director or his/her designee steal! then prepare a report which shall contain the following: C'r~in~n~~ 1G-~~: CSI ~;c~~€~tu~ ure i-;i~~~C~~'i~ C~istrict ~esr~~y i-i ~4ii~c~ ~3~ris` 1~: 2t)~~'; ~~~e ~ ~f ~i {b} Change of Historic Classification: 9. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either: a. lass of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. STAPIE= COMMENT: It has been determined that the subject request conforms with Section 4.5.1(N)(1 }, and the recommendations have been justified within the report with respect to the expansion of the POS to 1965. The information has been provided and reviewed by Staff and deemed to be comple#e. The properties recommended for reclassification were developed between 1945 and 1958 and have became a part of the historic Old School Square streetscape. While they differ from the architectural style of the original development, they are campatib[e and illustrate the development typology of their time. Staff recommends that the POS expansion be accepted. Staff also recommends that the City support the application of the Old School Square Historic District to the NRHP with application preparation assistance provided by residents and interested parties. REVIEW BY OTHERS The Pineapple Groue Advisory Board reviewed Ordinance 16-09 at its meeting April 1, 2009, where a recommendation of approval was made. The DDA will review Ordinance 16-09 at its meeting of April 13, 2009. The recommendation will be available at the HPB meeting. The CRA will review Ordinance 16-09 at its meeting of April 16, 2009, where a recommendation will be forwarded to the City Commission. RECOMMENDATION Recommend approval to the City Commission of Ordinance 16-09 providing far the extension of the Period of Significance to 1965, reclassification of 23 properties from non-contributing to contributing, support for preparation of an application for listing on the National Register of Historic Places, and support for further research into the southern boundary expansion to SE 4cn Street. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Exhibit A -Recommended Reclassifications • Old School Square Historic District Map • Ordinance 16-09 and Attachments A and B ~r~,,~,,,r~^.~ ~~:..~~: r?I€i ~~,t~cx?~ ~:~~:r~ ~-~isto~i~ [:7i~~~~€:~ ~~~~~~~~~~~ EXHIBIT A -RECLASSIFIED PROPERTY LIST Address Year St le 19 North Swinton Avenue 1951 Mason Vernacular 223 North Swinton Avenue 1950 Frame Vernacular 255 North Swinton Avenue 1945 Frame Vernacular 314 North Swinton Avenue 1947 Masonr Vernacular 317 North Swinton Avenue 1950 Mason Vernacular 333 North Swinton Avenue 1948 Masonr Vernacular 337 North Swinton Avenue 1945 Frame Vernacular 353 North Swinton Avenue 1948 Mason Vernacclar 23 South Swinton Avenue 1950 Frame Vernacular 119 South Swinton Avenue 1948 Frame Vernacular 123 South Swintan Avenue 1947 Frame Vernacular 131 NE 15 Avenue 1958 Masonr Vernacular 302 NE 15 Avenue 1945 Frame Vernacular 326 NE 1$ Avenue 1945 Frame Vernacular 342 NE 15 Avenue 1946 Minimal Traditional 235 NW 15 Avenue 1950 Mason Vernacular 21 NW 2~ Street 1950 Frame Vernacular 48 SE 15 Avenue 1955 Masonr Vernacular 18 %2 SE 1$ Street 1955 Frame Vernacular 15 SW 1S Avenue 1950 Mason Vernacular 8 East Atlantic Avenue 1950 Mason Vernacular 16 East Atlantic Avenue 1945 Art DecolModerne 38 East Atlantic Avenue 1955 Mason Vernacular Pf1BLIX ~~ (~NIER • - Z Z ATI:WAC ~ i PLAZA 7FiVNlS LYA ~ vi u, T ~~ IL,...4E.ILi7 ATLANTIC ~-t-m AVENUE GOAA°LE.'f CIXlNTY QWRT HOU5f JjjJlIti TT~I ~~~~~~~~l~l ~. ~ ~~ ~~ a U 2 CbN7ltifiUTING-3PA3 a[sIE;NnTiUta ]LD SCHO®L SQUARE HISTORIC NoNGONTRT$~ING ~ ®ISTRICT LQCATIQIU MAP ~aNYStISUTi'~If:- ~~~,~,~,,-Y CITY OF DELRAY BEAGfE, FL i'°'':'''.'5 PLANNING do ZONING 6EPARSYAEI ~ 4 ~ ~ POTENTIftL EXPANSION -- afGI~AL BASE MAP SY57'f'M -- A#AP REF: C}SSMAD MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MAY 19, 2009 ORDINANCE NO. 17-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearingaccepting the recommendations contained within the West Settlers Historic District Resurvey Report including extending the Period of Significance to 1970, and reclassifying 7 properties from non-contributing to contributing and amending the Land Development Regulations to amend the boundaries of the West Settlers Historic District to provide for the removal of the Atlantic Grove Development. BACKGROUND At the first reading on May 5, 2009, the Commission passed Ordinance No. 17-09. RECOMMENDATION Recommend approval of Ordinance No. 17-09 on second and final reading. ORDINANCE NO 17-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF WEST SETTLERS HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1970 AND RECLASSIFYING 7 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (5), "WEST SETTLERS", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE WEST SETTLERS HISTORIC DISTRICT AND AMENDING THE WEST SETTLERS HISTORIC DISTRICT BOUNDARIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City retained RJ Heisenbottle Architects, Inc., to resurvey the West Settlers Historic District and the City Commission accepts the survey recommendations to extend the Period of Significance, amend the southern boundary by removing the Atlantic Grove development; seek listing on the National Register of Historic Places for the La France Hotel and SD Spady House properties; and consider a historic marker for the remainder of the original wall along Lake Ida Road north of NW 4t" Street. WHEREAS, the West Settlers Historic District was originally designated and placed on the Delray Beach Local Register of Historic Places in 1997 with a Period of Significance spanning from 1900 to 1947; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the West Settlers Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the West Settlers Historic District and those properties originally classified as non-contributing for current significance and recommends that the Period of Significance be extended through 1970; and, WHEREAS, the West Settlers Historic District was originally significant for its collection of architecture representative of the period from 1900 - 1947, and is currently significant for its collection of architecture representative of the period from 1948 - 1970. WHEREAS, 7 structures now meet the eligibility criteria for contributing status, attributed to the newer resources built from 1948 to 1965, as these buildings have had minimal alterations, or their alterations are reversible, and/or were completed in an appropriate and compatible manner consistent with the Secretary of the Interior's Standards for Rehabilitation; and, WHEREAS, the West Settlers Historic District was originally and is currently significant under the Secretary of the Interiors Criterion A for significance due to associations with events that have made a significant contribution to the City's history, as it represents the early years of the city's African-American community, and the African-American pioneers; and, WHEREAS, the West Settlers Historic District was originally and is currently significant under the Secretary of the Interiors Criterion B for significance due to associations with people significant to the City, such as Solomon David Spady, a prominent African American educator and community leader in Delray Beach, and Charles and Francenia Patrick, owners of the La France Hotel; and, WHEREAS, the West Settlers Historic District was originally and is currently significant under the Secretary of the Interiors Criterion C for significance as it embodies one or more distinctive architectural styles or types such as the Mission, Bungalow, Masonry and Frame Vernacular, Ranch, and Art Deco/Streamline Moderne, with structures designed by local carpenter and builder Isaiah Bruin, and renown architect Samuel Ogren, Sr.; and, WHEREAS, the West Settlers Historic District contained 1 contributing structure within the area redeveloped as Atlantic Grove, which remains within the district and was relocated from 30 NW 3rd Avenue to 154 NW 5t" Avenue; and, WHEREAS, the final report, otherwise known as Attachment A, by RJ Heisenbottle Architects, Inc., recommends that the West Settlers Historic District boundary be amended to remove the area known as Atlantic Grove, as identified in Attachment C, due to the "significant erosion of its historic fabric", and removing this area would "increase the overall density of contributing structures within the redefined boundaries"; and, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the change of historic classification of historic sites and districts; and, WHEREAS, RJ Heisenbottle Architects, Inc. recommends that the southern boundary be amended to remove the Atlantic Grove Development from within the historic district, thereby amending the legal description in LDR Section 4.5.1(L); and WHEREAS, RJ Heisenbottle Architects, Inc. found that listing on the National Register of Historic Places should be sought for the La France Hotel and the SD Spady House; and, WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the Final Resurvey Report for the West Settlers Historic District on April 15, 2009 and voted 4 to 0 to recommend approval to the City Commission for the acceptance of the Final Resurvey Report and its recommendations including the changes of historic classification for 7 properties within the West Settlers Historic District, as listed in Attachment B, and removal of historic designation from the Atlantic Grove Development, as identified in Attachment C; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Final Resurvey Report for the West Settlers Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Staff Report dated April 15, 2009; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment of LDR Section 4.5.1(L)(2) at a public hearing held on April 20, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the adoption of the Final Resurvey Report for the West Settlers Historic District, and removal of historic designation for the Atlantic Grove Development. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the Final Resurvey Report for the West Settlers Historic District is included as Attachment A. Section 3 That the Period of Significance is extended to 1970. Section 4 That the properties listed in Attachment B are hereby classified as set forth in Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida. Section 5 That the properties identified in Attachment C are hereby removed from the West Settlers Historic District as set forth in Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida. Section 6 That Section 4.5.1, "Historic Preservation Sites and Districts" Subsection (L), "Designation of Historic Districts", Sub-subsection (5), "West Settlers" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (5) WEST SETTLERS Ts-k~;Qed~~rae~+h h., nn.,r+;n ~ ;~~-~~g~Tey.,r,,~z~ R~~ which consists of Lots 1 to 8, inclusive, Melvin S. Burd's Subdivision of the North '/ of Block 19, shown on the map of Town of Linton, according to the plat thereof, recorded in Plat Book 11, Page 73 of the Public Records of Palm Beach, Florida; together with East 165 feet of South 135 feet, and North 171 feet of South'/ (Less West 135 feet), Block 19, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with North 250 feet (Less West 135 feet), Block 20, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 5 to 8, inclusive and Lots 13 to 16, inclusive, Block 27, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lot 1, Block 28, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lot 4 and North 50 feet of Lot 5 and abandoned alley Iying east of and adjacent thereto, Block 28, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 to 16, inclusive, Block 35, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 to 8, inclusive, Block 43, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 to 12, inclusive, Replat of Part of Block 27, Town of Linton, Delray Beach, Florida, according to the plat thereof, recorded in Plat Book 21, Page 43 of the Public Records of Palm Beach, Florida; together with Lots 1, 2 and Tract A, Mount Olive Baptist Church Property, according to the Plat thereof, recorded in Plat Book 69, Page 20 of the Public Records of Palm Beach County, Florida; together with Tract C-3, Atlantic Grove, according to the Plat thereof, recorded in Plat Book 96, Page 55 of the Public Records of Palm Beach County, Florida. Section 7 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 8 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST: MAYO R City Clerk First Readin Second Read Attachment A CITY OF DELRAY BEACH RESURVEY OF FOUR LOCAL REGISTER HISTORIC DISTRICTS ~~. :. :: ,.~ ,, ~ ,~ r Ft'.~E ~~ r r: - ~:. y ,.,~ ~ ~ ~ ~ ~ ~k ~, rv# ,t'~ ~;~ ~1 E~~€ ~ tll~tl~7~~ L p t. . ' ~~, ,'~k ~' _ , ,e, . ` •.~ ., ~ _ ~ 1 _, n ~ . ~ 1jEt ~` `~ ~ ~.E{ Prepared by: R.J. HEISENBOTTLE ARCHITECTS, P.A. December 5, 2Q0$ WEST SETTLERS HISTORIC DISTRICT HISTORIC SURVEY REPORT INTRODUCTION The City of Delray Beach has retained the firm of R.J. Heisenbottle Architects, P.A. (RJHA) to resurvey four areas within the city previously listed on the Local Register of Historic Places as Historic Districts. The four areas to be studied are Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic District. RJHA's task will be to prepare individual Survey Reports for each of the four historic districts. These survey reports will include the following information: • Historical overview of the district. • Review existing criteria for determining contributing and non-contributing structures. • Recommendations on extending Periods of Significance, where appropriate, within the district. • Update Florida Master Site File forms for previously recorded structures. • Prepare new Florida Master Site File forms for previously unrecorded structures • Prepare maps and photographs for all sites within the district. These surveys are reviewing all structures located within the locally designated historic districts that are thirty five {35) years or older. Information on structures currently listed is being updated, noting any alterations, relocations and demolitions since the time that the Designation Report was originally prepared. Structures not previously listed, that meet the 35 year or older criteria and that are deenned "contributing" to the historic district, are being added to the Florida Master Site File and are being recommended for inclusion in the Local Register of Historic Places' Historic District Designation Report. To date, RJHA has completed work on the Nassau Park Historic District and on the Old School Square Historic Arts District. The West Settlers Historic District Survey Report will provide information on those items outlined above, based on field work, research conducted on City records, including building cards and permits, Sanborn. map records available at the Delray Beach Planning and Zoning Department, existing historical publications and on historical xeseaxch conducted at the Delray Beach Historical Society. The West Settlers Historic District was listed on the Local Register of Historic Places in 1997. As the Designation Report states, "...the district should be assessed for its historical significance which perhaps weighs more heavily than its architectural importance". It would be fair to say that although, as the Designation Report goes on to say, "...many of the structures rank low in the history of architectural achievement", the 2 buildings do comprise a good representative cross section of the architectural types found within the area in general, and present a good timeline of the historical development of this early African American settlement in Delray Beach. Many of the significant historic structures have perished in recent years, victims of development and of demolition-by- neglect, some even after the historic district designation was put in place. These losses to the visual and historical fabric of the neighborhood further reinforce the significance of the remaining ones, even when their numbers continue to diminish.. BOUNDARIES (See Attachment A: Historic District Map) The West Settlers Historic District boundaries, as designated in 1997, are as follows: + Martin Luther King, Jr. Boulevard (N.W. 2ad Street) to the north, then, • The alley running north-south in Block 43, between N.W. tad and 3rd Avenues, then, • N.W. 1St Street, running west from said alley in Block 43, to N.W. 3rd Avenue, then, • N.W. 3rd Avenue, running south to east-west alley between N.W. 1st Street and Atlantic Avenue, then, • The east-west alley between N.W. 1St Street and Atlantic Avcnue as the southern boundary, then, • N.W. 5th Avenue running north to the south property line of Lot 13, Block 20, then, • The south property line of Lot 13, Block 20 to the alley running north-south between N.W. 5th and Gd' Avenues, then, • The alley running north-south between N.W. 5th and 6th Avenues northerly to Martin Luther King, Jr. Boulevard {IV.W. 2t`d Street). NEW BOUNDARY RECOMMENDATIONS {See Attachment A) The historic district's southern boundary has undergone significant erosion of its historic fabric to merit justifiable inclusion within the current boundary delineation. The southeastern-most block was already vacant at the time of designation. Although sometimes vacant property may be included within district boundaries as a mechanism to allow for review of future infill construction, in this case that block has already been developed and is currently occupied by the Atlantic Grove Townhouses. Similarly, the southwest corner of the district, on the west side of N.W. Sth Avenue between Atlantic Avenue and N.W. 1St Street, immediately north of the Fire Station, contains only vacant land and non-contributing structures. Removing this corner from the district boundaries increases the overall density of contributing structures within the redefined boundaries. In this particular case, though, the City may want to retain this corner within the district in order to have review authority over new infill construction. 3 The original northern physical boundary was defined during segregation days in the 1950s by the construction of a wall that separated the black and white residential areas just to the north of present day Lake-Ida Road (IV.W. 4t~ Street). This wall is still in evidence at the northern edge of Boy Scouts Park, on the north side of Lake-Ida Road. As part of preparing this report, ILTHA studied the possibility of expanding the northern boundary of the West Settlers Historic District to this historic edge. Although there are several contributing structures located within this potential expansion area, their number and density is not sufficient to justify the district's expansion. In fact, the ratio of contributing to non-contributing structures would be law enough that it would hurt the overall integrity of the district as presently designated. The presence of the wall, unsavory as it may be, is a strong reminder of a historical period in the development of the West Settlers Historic District, and should be memorialized either through historic designation or through placement of a historical marker. ,y ~-;: ~' a ~': t ~ a~ °j" f ~`` `•'r` ~~~~~'~ ~ir~ ~~ ,ice ~; 1 .t wy v ~ ~`. ~ ~ ~r # ~ ~ s d ••~~a ..~ ,. ~: ,..,~ai;¢~:'~a, Segregation Days Dividing Wall CONTEXT The West Settlers Historic District is located just to the northwest of downtown Delray Beach, a small enclave that speaks of the days of segregation when Americans of African descent were restricted to live and do business within the confines of their own community. Originally it was the site of an early African-American settlement that rivaled the early days of the town of Linton in the resourcefulness of its residents in getting an agricultural industry, along with a public school, religious and social institutions established. It included a series of neighborhoods Warned after physical characteristics of their respective areas, such as The Sands and Frog Alley {See Historical Significance below}. During the segregation days of the 1950s, its boundaries were more 4 clearly defined, as its residents were not allowed to live or shop east of Swinton Avenue or north of N.W. 4th Street. After segregation, many of the early housing stock and businesses fell into decline, as the residents were able to move about anywhere within the city limits. The neighborhood, however, never lost its identity or its cohesiveness, as new apartment buildings went up, and the old commercial establishments such as grocery stores, barber shops and other "ma-n-pa" operations continued to provide basic services and livelihood to the residents. HISTORICAL ,SIGNIFICANCE It was 1894 when a confluence of factoxs resulted in the establishment of both the black and white settlements that eventually would become Delray Beach. That year, William S. Linton, U.S. Congressman from Saginaw, Michigan, purchased 160 acres of land in the area we know today as Delray Beach from the original homesteader, Captain George Gleason. Mr. Linton, encouraged 6y the development opportunities that Henry M. Flagler's extension of the Florida East Coast Railway and his Model Land Company brought to the South Florida area, started a settlement, along with a group he recruited in Michigan, recorded the town plat and named the town after himself. But soon after, when a hard freeze devastated the local crops, Mr. Linton fell on hard times and defaulted on his land payments. Some of the early settlers left, while W.W. Blackmer rallied those who remained and renamed the town Delray, after a section in his hometown of Detroit, Michigan. During the same year of 1894, a small group of African-American families from the Florida Panhandle, led by Fagen Henry and his wife lane, purchased land from Henry Flagler's Model Land Company and settled in the area just to the west of the Linton settlement. That geographic location marks the origins of the name West Settlers Historic District. Soon these families began farming the land and by 1895 they had harvested their first winter crop. The settlement grew, as mare Americans of African descent were attracted by the opportunity to buy land that could be cultivated for cash crops and by employment that the railroad and the nearby white settlement known as the Town of Linton provided. Different neighborhoods arose-the Sands in the Central area, Frog Alley, Red Line and Hanna Town among them. Along with the expansion of the settlerr~ent came a growth in educational, religious and social institutions. In 1$95 the settlers petitioned the County School Board to establish a school for their children. The site of the original school house has been memorialized by a small park, located at N.W. 5#~' Avenue between Atlantic Avenue and N.W. lst Street, and is listed in the Local Register of Historic Places. In 1$96 the Mount Olive Baptist Church congregation purchased land from the Model Land Company's land set-aside program for cultural and religious organizations for $1.25 and began construction of their first church. Although the original church no longer stands, the congregation built a new facility in 1957, which has been renovated and expanded over the years. The present day church retains its original location at 40 N.W. 4rh Avenue. ,~ ~, c+ Y, ~~ ~rrl~ `_' Mount Olive Baptist Church New Church, Circa 1929 New Church, Circa 1957 Renovated Church, 1993 Similarly, the St. Paul African American Methodist Episcopal Church, originally established as Mt. Tabor in 1897, was organized in 1899. The first church was constructed in its present site at 119 N.W. 5th Avenue in 1911 and seriously damaged by the 1928 hurricane. The original structure still stands at that location, after several renovations and additions over the years. St. Paul African Methodist Episcopal Church Another important institution during the early days of the settlement was the Free and Accepted Masonic Lodge 275, established in 1899. Their original building, constructed in 1904 at 85 N.W. 5th Avenue, no longer stands. The present structure, still at the original site, was built in 1978. Along with these early institutions, a number of pxominent individuals from the community contributed to the development of the West Settlers Historic District and of Delray Beach in general: 6 . , f, William Robinson moved from South Carolina to Delray Beach in 1901. Starting as a share cropper, he soon purchased and began cultivation on his own land at the northeast corner of N.W. 1St Street and 4th Avenue. By 1904 he had built his own house on the property, currently at 317 N.W. 1St Street and had acquired additional farm land west of town. His knowledge of farming and house building both continued to grow. He was asked to build houses for neighbors, while he expanded and improved his own home. His house, in fact, was the first one in the community to have electricity and running water, and later a telephone. In the 1920s he enlarged a zoom in the northwest corner of the house and converted it into a grocery store, which he and his wife Essie ran. The Robinson house was an important center for social life in the community, and because of its sturdy construction, served as a Red Cross shelter during hurricanes. In 1916 he built a packing house to serve his farming business adjacent to his house. Located at 315 N.W. 1St Street, the structure still stands, currently used as a residence. „a , T ~T~RC ~,~ ~ ?~ ... [r r r.F ~ ~~ ~~ ~ k~ ~~ ~~ T, _ ~'..~.~ ~ n1 William Robinson's House Issaiah Bruin came fo Delray Beach from Quincy, Florida in 1909. Soon after, he married Martha Goldwire, also from Quincy, and had a daughter named Letha. He distinguished himself as a carpenter and builder. Founder and Deacon of the Primitive Baptist Church, he was responsible far all the woodwork of the chuxch, constructed in 1920 and no longer standing. Many of the early structures in the community axe attributed to Issaiah Bruin, among them the Nelson House, at 125 N.W. 3`~ Avenue, and the Susan Williams House, originally at 30 N.W. 3rd Avenue, relocated to 154 N.W. Soh Avenue. 7 :' :!d ~ril _ ~ E ~~Su' ~ .. ~~v..,y, ~~~~~~~~~ ~x~r., ~. ~, • rrt . ~.~ ~• ~~~~ ~ ~~ } +~, ~~ ` ~~`*^'~. fir.. , 1. G yyyy, IDF? ~h~ t Nelson House (Built by Issaiah Bruin) Susan Williams House (Built by Bruin) 1,25 N. W. 3rd Avenue 1 S4 N. W. Sty' Avenue Solomon David Spady was one of the most influential educators in Delray Beach for over 35 years. Mr, Spady came to Delray Beach in 1922 as the third African-American public school principal and teachex assigned to the area. Originally from Northampton County, Virginia, he came to Delray Beach as principal of Delray County Training School, originally known as Delray Colored School Number 4, the first school founded in 1895 in the community. His assignment to Delray Beach came upon recommendation from Booker T. Washington, founder and president of Tuskegee Institute in Alabama. According to a biographical sketch provided by the Spady Cultural Heritage Museum, "His plans trained students so that upon their graduation they were able to excel in outstanding institutions of higher learning ... He organized extra-curriculax activities to include a drama club, two litexaxy societies, a glee club, sports teams, a parent teacher association, and at least three entertainments that brought the community together through the school". Mr. Spady passed away in 1967 at age 82. He was awarded the "Great Floridians Unsung Hero Award" posthumously in the year 2000. .~ ,r . ~~~~ ~~~~ ~i~~ „~. ?4 ~ ,..., .,.:~ ,,„.. ~~ ~~'~,4. ~~'~= fir' ~ .~~ ` ~~ ' ~,~ lr ~ Solomon Spady House. 8 Charles William_Patric Jr. and his wife J~Yancenia were among the most prominent, best loved figures in the Delray Beach African-American community. Together they owned and operated the La France Hotel, the only hotel in Delray Beach catering to blacks, during the segregation years when African-Americans were not allowed in any of the local hotels. Charlie, as he was popularly known, was born in Social Circle, Georgia, sometime between 190$ and 1910, according to varying family recollections, to a family of farm hands, descendants of slaves. In the early 1920s Charlie moved to the Boynton Beach area in Florida. In 1925, at the height of the Florida xeal estate boom, the rest of his family joined him and they settled in Boynton Beach, a predominantly rural area at the time, pretty much similar to the one they had left behind in Georgia. Charlie was kind and loving, according to family accounts, and helped the family members, including his parents and nine siblings to find jobs in the area. By 1926, when Charlie was just 17 years old, he married his first wife, Eva Collins and soon after set up his own dry cleaning business in Boynton Beach. A year later his mother died, and it was up to him and his father to care for the rest of the children, all under age 14. By the 1930s, during the height of the Great Depression, Charlie had divorced his first wife, fallen in love and remarried to Francenia (Frankie) Johnson, an elementary school teacher and recent college graduate from Bethune-Cookman in Daytona Beach. Charlie in the meantime, continued to struggle, running a beer hall at night and driving a school bus during the day. In 1943 he enlisted in the army and served during World War II. Upon his return, he decided to build a hotel to cater to African-Arneri.can waiters, chauffers and others in the service industry who came to Delray Beach and were not allowed to stay in segregated hotels. Charlie and Frankie bought three lots in Delray Beach for $1,700, and began work on their new venture. __ ~ ,, ,. ~, ,~ ~~ ~ r' a .~ #, a y: _ 3~.: ~ ". 1 Fyu1m a+ V t ~_ Inc 3tYni f~ EFF n''t^~n La France Hotel The 16-room La France Hotel, designed by locally prominent architect Kenneth Jacobson and built by contractor Jay Callaway, was completed in 1949. Its name was derived from Frankie's cousin Lola ("La") Johnson and Francenia {"France"), not having anything to do with the country of France, as most people believe. The hotel became a big success, as one of the few establishments in South Florida that welcomed an African- American clientele. During the 1950s and 1960s when traveling musicians and entertainers performed in South Florida, they were not allowed to stay at segregated hotels, but rather had to be either put up by local families, sleep on the beach and face possible arrest or get back on the bus to their next destination. The La France Hotel provided a major service to guests that included well known entertainers, professionals and many in the service industry. More than a place to stay, it was a social center where entertainers gathered after they finished performing for the evening and would stay up until late eating, drinking, playing cards and catching up with old friends and new acquaintances. It also served as a social center, hosting a variety of events through the years. The contribution of Charlie and Frankie Patrick to the African-American community during the difficult days of segregation is of major historical significance. As the hotel prospered, so did the Patrick family. Charlie Patrick owned a gas station, commercial and office buildings anal two pool halls in the neighborhood. During the post-segregation days of the 1970s, the hotel started a downward spiral. African-Americans could now stay and shop where they chose and the clientele dwindled. The hotel became a rooming house and fell into disrepair. In 2005 the La France Hotel was restored and expanded. The new complex, now owned by the Community Redevelopment Agency, has been returned to its former glory and now operates as apartments for senior citizens. Today the area is a mixed bag of residential, commercial, religious and social activity, some of its buildings in disrepair, others recently restored or on their way back, thanks to the involvement of programs such as Community Revitalization Agency (CRA) and to the commitment-and dedication of organizations such as the Expanding & Preserving Our Cultural Heritage, Inc. {EPOCH}. Although many of the early structures have been lost, the sense of neighborhood and the physical roots of the community remain quite strong. The revitalization efforts of government and non-profit organizations, such as those named above, point to a brighter future towards the preservation of the West Settlers Historic District. ARCHITECTURAL SIGNIFICANCE The West Settlers Historic District is mostly distinguished for its historical significance, not for its architectural significance. The structures which have survived the passage of time, ravages of storms and lack of maintenance far the most part reflect the simple, modest means of its builders and residents. There is, however, a good crass section of 10 architectural styles, materials and construction methods representative of more than a century since the community was established. The earliest and most prevalent building type found are the Frame Vernacular houses, with pier foundations, wood siding and Iow to medium pitch gable roofs generally covered in composition shingles. The use of front porches is one of the mast common threads among these early houses. Some of the early vernacular structures wexe later built in or modified to include Bungalow details, especially incorporating the two-part battered porch supports characteristic of this building type. 120 N. W. 4~~' Avenue (Frame Vernacular) ,. 133 N. W. 4~~' Avenue (Frame Vernacular) Susan Williamson/Agues Munnings House (Frame Vernacular with Bungalow porch) The Mission style, popular in the 1920s, is best represe~ated in the West Settlers Historic District by the Spady House, located at 170 N.W. 5~~` Avenue, xecently xestoxed under the ownership and auspices of the Community Redevelopment Agency, and home to the Spady Cultural Heritage Museum. The two story structure (photo shown under the Historical Significance Section) is a fine example of the Mission style, with its textured stucco finish, simple lines, flat roof and molded parapets. 11 Even a simple, late version of Art Deca/Streamline Moderne can be found in the district in the 1946 Green Inn Building, located at 53 N.W. St'' Avenue. This structure has the massing and clean lines of the Moderne style, the stepped central parapet inspired by the earlier Art Deco style and glass block-covered openings {the latter probably trot original). Green Inn Building (Art Deco/Streamline Moderne I~afluexce) There are several examples of the Ranch Style, popular in the 1950s.The home that Charlie and Frankie Patrick built in 1960, adjacent to the La France Hotel, is a fine example of this past World War II style that took America by storm. The stricture has the typical low-slung horizontal lines, low pitched gable roof and the garage which in this case opens to the side and is decorated with perforated concrete blocks. Considered a luxury home for the ncighborhood, it boasted a large swimming pool with a platform diving board which became a focal point of gathering and entertainment for the local youth. The Patrick Family House (Ranch Style} 12 Another example typifying relatively more affluent times in the West Settlers Historic District is the Ola Vickers House, located at 220 N.W. 2nd Street. This Frame Vernacular structure, built in 1948 with a marked Cape Cod influence, has a steeply pitched gable roof, central chimney and symmetrical dormers. Its scale and classical elegance are aesthetically a few steps up from the humble beginnings of other residential structures in the neighborhood. ~_s~:.~-..~~,,.,,,r...,_~ ~.~..~ ~~. _.~~~..~.. _~_,,.~ 'F a .. r';t y1 ti~ .~.. _ __ Ola Vickers House (Cape Cod VeruacuCar) )PERIOD OF S~GNIF~CANCE One of the objectives of the Delray Beach "Resurvey of Four Local Register Historic Districts" project is to assess the feasibility of expanding the current Period of Significance. Structures thirty five (35) years or older will be recorded in the Florida Master Site File, so that the information contained in the State's database will be not only current but actually ahead of the 50 threshold for historic consideration. This does not mean that structures that are 35 to 50 years old will automatically be deemed contributing, but rather they will be reviewed on a case-by-case basis for possible eligibility. The West Settlers Historic District Designation Report, approved in 1997, places the Period of Significance by which structures are to be evaluated at 1947.The cut-off date is based in the generally accepted 50 year old threshold for considering eligibility of structures for listing as "contributing" within a designated historic district. In terms of historical and architectural development, it is difficult to justify this date under any other criteria than the 50 year threshold. The 1950s through the 1970s were a significant period in history in the community. The post World War II era saw a marked population increase in Delray Beach, and a resulting 13 expansion in business and tourism. While the 1950s period of segregation isolated this neighborhood from the rest of the city, it solidified the community and made it stronger from within. The brief history of the La France Hotel, as previously recounted, is proof of the importance of these years in the development of the West Settlers Historic District. The hotel became the center of social life for the local community and attracted visiting professionals and entertainers who found a welcome "home away from home". The concentratian of business, social, religious and educational activities that was forced to remain within the neighborhood limits had a positive effect in the economics of the area. This is evidenced in much of the housing stock from this period, when more substantial structures, such as the previously mentioned Patrick and Vickers family residences were built. With the end of the segregation era in the 1970s residents from the West Settlers area began moving out and shopping elsewhere. Commercial activity declined and the neighborhood lost some of its earlier liveliness, although it continued as a strong center of life of the local African.-American community. Palm Beach County schools were integrated in 1969, marking the end of the segregation era, and providing our study with a tangible milestone to redefine the Period of Significance for the West Settlers Historic District. Based on the above cited historical milestones, it is our recommendation to extend the Period of Significance to 1970. RE-EVALUATION OF CONTRIBUTING STRUCTURES This report has updated and re-evaluated the "District Inventory" provided as part of the 1997 Designation Report. Following is a summary of our re-evaluation: 2008 Survey 1997 Inventory • Contributing structures 22 23 • Non-contributing structures 25 30 • Demolished structures 6 0 + Total structures surveyed 53 53 Five structures previously evaluated as "non-contributing" have been re-evaluated as "contributing". This re-evaluation is based on extending the "Period of Significance" from 1947 to 1970, as previously indicated. New Florida Master Site File forms have been prepared for these structures. Dne of the contributing structures, the Munnings/Williamsan Cottage, was relocated from 30 N.W. 3rd Avenue to 154 N.W. 5th Avenue where it will 6e restored and become part of the Spady Cultural Center. 14 Mount Olive Baptist Church, located at 40 N.W. 4th Street, and St. Paul A.M.E. Church, at 119 N.W. 5th Avenue, have been re-evaluated as "contributing" under the recommended extended "Period of Significance". This re-evaluation was based on their historical significance and ongoing contribution to the community's religious, educational and social life since the early days of pioneer settlement. The park located on N.W. Sth Avenue just south of the Mount Olive Church property has been evaluated as "contributing", due to its historical significance as the site of the first school, organized in 1895. Masonic Lodge #275, located at 85 N.W. 5th Avenue, has been evaluated as "non- contributing" due to its 197$ date of construction, even though the organization is historically significant and has occupied the site since 1899. NATIONAL REGISTER ELIGIBH.ITY The La France Hotel, at 140 N.W. 4th Avenue, is potentially eligible for listing in the National Register of Historic Places undex Criteria A for its historical significance and great contribution to the cornrnunity during the days of segregation. It would also be eligible under Criteria B for its association with the Patrick family. Although the building was recently enlarged by a substantial addition, the original portion of the structure was sympathetically rehabilitated and should be eligible in spite of the addition. The Spady House, at 170 N.W. 5th Avenue is also potentially eligible for National Registex listing. Eligibility is based both on its historical significance under Criteria A and B, and on architectural significance under Criteria C as a unique example of the Mission Style, substantial size and prominence among the more modest structures during that period in the district. It is recommended that both structures be nomi~uated to the National Register of Historic Places. The William Robinson House, at 317 N.W. lst Street may be potentially eligible for National Register listing for its historical and architectural significance under Criteria A, Band C, but the substantial alterations it has undergone over the years may hinder its eligibility. National Register Histoxic District nomination for the West Settlers Historic District is not recommended at this time due to the number of "non-contributing" structures within the local distxict boundaxies. 15 FLORIDA MASTER SITE FILES Florida Master Site pile forms have been updated for all "contributing" structures. New FMSF farms have been prepared for structures previously evaluated as "non- contributing". The follawing structures will be subnutted for addition to the FMSF and new numbers will be requested for them: * Robinson's Packing House. 315 N.W. 1 Street • 214 N.W. 2 Street • Mount Olive Baptist Church. 40 N.W. 4th Avenue • 107 N.W. 4th Avenue • 124 N.W. 4th Avenue • 131 N.W. 4th Avenue • St. Paul A.M.E. Church. 119 N.W. 5th Avenue • Patrick Family House. 400 S. W. 2"d Street. SUMMARY RECOMMENDATIONS It is recommended that the West Settlers Historic District local designation be amended to reflect the following: • Amend the Boundaries as proposed in the Boundaries Section, and shown on the "Historic District Map" in Appendix A. The City, however, may want to take into consideration retaining the present southwestern corner boundary in order to keep review authority over future infill construction in that particulax area. • Extend the Period of Significance to 1970 to coincide with the end of the segregation era in Delray Beach. • Amend the Inventory reflect the new updates on "Contributing", "Non- contributing" and "Demolished" structures as shown on the "List of Surveyed Resources" in Appendix B. • Prepare National Register Nomination Proposals for the La prance Hotel and the Spady House. • Consider local historic designation or historic marker for the wall earth of N.W. 4th Street that once defined the northern edge of where African-American families were allowed to live. The West Settlers Historic District is not particulaxly xemarkable for containing structures of majox axchitectural significance and its xatio of "contributing" to "non-contributing" structures is not very strong. The district's historical significance, though, is indisputable. 16 The pride and identity of its present residents and those descendents of the pioneer settlers is quite evident. This is a neighborhood that speaks eloquently of its past, its struggles and its triumphs. Its story needs to be told far future generations to never lose track of where it all started for them. This story needs to be told in written accounts, but most importantly through the preservation of the remaining physical fabric of the West Settler Historic District. SOURCES • Florida Master Site Files. Delray Beach. • Historic ,Sites Files. City of Delray Beach Planning and Zoning Department. • Delray Beach Historic Sites Survey. By John P. Johnson. Historic Palrn Beach County Preservation Board. July 1987. • West Settlers Historic District. Designation Report. Historic Preservation Board. Delray Beach, Florida. September 1996. By Vera Famnglon and Patricia Cayce. • The La France Hate1 and the Charles Patrick Family. By Richard F. Robinson, CG, with Dorothy W. Patterson. Researched by Dorothy W. Patterson, Richard F. Robinson, CG and Vera Farrington. Edited by Nancy Stein. 2006. • "A Sharper Focus on the Historical Accounts of Delray Beach. By Vera Farrington. Expanding & Preserving Our Cultural Heritage, Inc. (EPOCH). • "Salomon David Spady" Biographical Sketch. Expanding & Preserving Our Cultural Heritage, Inc. {EPOCH}. • Interview with Charlene Farrington. Spady Cultural Heritage Museum. EPOCH. • Photographic Files. Spady Cultural Heritage Museum. EPOCH. • Interview with Dorothy W. Patterson. Archivist. Delray Beach Historical Society. • Photographic Files. Cornell Museum. Delray Beach historical Society. • Delray Beach Property Appraisers Records. • Sanborn Insurance Maps. 1922, 1926, 1949, 1963. 17 APPENDIX A LIST OF SURVEYED RESOURCES 18 ~~ ~t~ Jl~s~ a~ Mfrs. I+E~~s~~t X1+1 3ana~~&'acgu~e ~~~s~~ 11 Cao~Y~€s~~ 7( p1 !7 X14 ~a~~ ~ v P1 ~+ak~Z3i ~~ thaw ~~f ~ ~ #~ 3C ~~1 6 il~l@ O~iL ~ Si~Kd~.~1 +~~I :~VPdkl~ '~ 7 6diYjF ?1883'uca~P ~ P81 9CA7''4d+l~rlvex5as 1~ ~~r~ d~ ~$l1 d.2:3: ~~, ~1a`~iJ9 '195 6HY~!"S'~S9[#YBCtIdP X ~1 ~~'~ ~ ;~ 9 wci~r ~ P~1'`a6 ~.a~~Agk~E~wt 19~'~~1hPS~t,4v~eet~ 1~1'I,1&~T &t~svn~r~#e~ca~ar ~i ~~: ~c~r-tb~s 12~r'S'~cl'Acw '197 ~re'+t~aa~set~~ ~ P &i ~inar~ 9d~4#~t1~'d'~rcLd~;ri~ ~~ ~S~ `4Aeacst~t ~ ~~1tW 9~GRta~tcAR 4~ ~'t~~rrt~~u6~e °.~ ~~ ~e~'~p'~C~. 1'!6~i~rY~ 13 ~. ~ r~~haad~~aid'€g~a~ 1i'Rs~at~ 1991 orf~+Ye~ear k P1~ e#c>~dtr~ 4~4ti1k#ke'''~§r~n;~ 'f, &Gwt~j°V;~~l~~ X. ~~11~5 3i7kk~pw'i~4~ti&a+e[Iff~ SS4~ t~iffijf'~§YYiCt' ]C ~~9q$ Lx~~2q~ 1~tirt~tt~7lkM~ i94~ ~:~`?k~+aG,~aT' 3C ~ de~i'~~laj IKE'kihl'B'i~l%~i~ 359 AeK!#~Ri~kdA~l~ X ~ 1i3~'~iAtrersua 1 Era~t~''/~>~tac~6~~ 3R. Q# asvarae~e ~1~'~~~ 9 ~r~ne'~w~~~~ X. P ~;~~~~ 1~~ ~~4'8" on~±s~ac~t~r ~' ~~~ ~Ek14~~aai~SY~ae ~ih+'~~d~a~ f ~0'4~~Ea R~n~~.~aq~ 1~4t>~:4v~ncc 1 ~aka~ 14'~rtf~5~.~e-? 1~ ~ N O ~r v' ~ ~f~ ~UI ~ T {'.$ ~ 1 3d 9 ~ M1i .. ~t~'¢~r tlAR^%A1!~}i + y ~ ~y@ a a T t Y~ I „~i T ~ i 3 . i rtp a~ 6 3 P k y{y .,, Y., V iR d ~ ~ ~ ` ~ V J T { p aa ev.~+ ~ . . ' s ~I~~Y9~fF se~FF«'II~m Y ~ df l A 1T?W ~ , y~ , kL~w .Y ~4 n !RIMY ~I"f 'f~'i4:Yd95i S~ w AR t a d, ~Vk'!49 nsi~ s~csr 9 i :~tGe 9 ~ ded¢~ocrgr'k~ZSrrac€ y~~~~ ~a yaw °~ rma~ r~ex~m~r tav~ ~»~~ ~~r Mara a ~ ~~ , w~~ ~ ~~ac~,~~~ zwa~~, ~~~ 3'i~~dd! 9f P1,A4uek~l ~%~d~lde16 ~~ ~h ;hug ~s'~sr~r~5~~ 9'~ 4i, t~~~914Nf ~Ta~I4~ ?~~,I~F 7~i'rA~.;~~id~ 5~'li~ 6° ~~~` s~~l' a'rJ~ '4$i18~1fi ~~ ~.,~~ iii ~~rk' ~ arrest 9 t~a~ Xmas ~ ~~~hP~ee 1 ~s~?~etw~ ~ ta~c~5~i Jkr~na~ 192 ~~+ ~~ ~ Ymti~itdds'i,~'~Y tea ~v~r'4@~3xv5r 9~t ~~ 9 i4t~ a~af~3~ y ~~it~S~Y~~elN~ ~~ 9~E~~'~3F~€ ~ '~~'~'a~'i'~44`~@FISia ti~ &~N'i0.~i §"7F ~r 7 ~ 1sE ~~ Al°I~' Er ~~~ ~~ dry ~ ~ r f%~14ri, ~r~tit +#~ °d i s# 1 fev~~ cr 4243+#~ e~ 91€ld'I~ ±~rr ~'JBkES~~~a6 4a kt~1-f'+~' ~ ~9~tidSti~~t 19 ~e~+~a~acr~ar ~ ~i~1~4~"~~we9 t~9 ~v~r ~ N Y 1111T1~] ill V T WEST SETTLERS HISTORIC DISTRICT MAP 22 _f ~ _ ~ ~ - } rll , - *: ' ~ 1 1 ~ ~ 1 1 . - 1 1 ` - 1 1 ., 1 ~ _... t ~ I , I. y 4 4 wl, ,t ~~ 1 1 -~ 1. _ ~ J I ~ ~~ r ~ ~ ~ I M _ 1 ~ T ~ ~ ~, ~ :. 1 !1 yl 1 YI 1 1 y r ~ i ~' ~r ~~ s -I j 1, 1 ~ J r ' I 11 f 1 1 ~ ^ ^ 1 - Ji I i + + • _ } F 1 T ti 1 ~ ~ 1 , 1 S ;~ 1 ~ I 1 ~' ~ ~ i 1 ., 1 r 1 'j1/ ,` i I ,, 1 ,, 1 r ~' , 1 I ~ ~ '_ !' ~ «~; ' Ja ~ ~ r--., 11'111111 Il ~~o .=: I Ordinance 17-09 Attachment B West Settlers Historic District Property Classification List Address Classification Year Built Style 315 NW 15' Street Contributin 1916 Mason Vernacular 214 NW 2" Street Contributin - 1957 Ranch 400 NW 2" Street Contributin 1960 Ranch 40 NW 4 Avenue Contributin 1957 Mason Vernacular 107 NW 4` Avenue Contributin 1954 Masan Vernacular 124 NW 4 Avenue Contributin 1955 Masonry Vernacular 131 NW 4 Avenue Contributin Masonr Vernacular 119 NW 5' Avenue Contributin 1911 Masonr Vernacular 119 NW 5' Avenue Contributin 1957 Masonry Vernacular 125 NW 3` Avenue Contributin 1917 Frame Vernacular 144 NW 3` Avenue Contributin 1925 Frame Vernacular 120 NW 4 Avenue Contributin 1920 Frame Vernacular 170 NW 5' Avenue Contributin 1926 Mission 182 NW 5' Avenue Contributin 1941 Masonr Vernacular 102-110 NW 5 Avenue Contributin 1945 Mason Vernacular 108 NW 4 Avenue Contributin 1948 Masonr Vernacular 140 NW 4 Avenue Contributin 1949 Masonr Vernacular 53 NW 5' Avenue Contributin 1946 Art DecolModerne 133 NW 4' Avenue Contributin 1940 Frame Vernacular 317 NW 15 Street Contributin 1902 Frame Vernacular 125 %2 NW 3r Avenue Contributin 1917 Frame Vernacular 121 NW 3` Avenue Contributin 1947 Masonr Vernacular 220 NW 2" Street Contributin 1948 Frame Vernacular 154 NW 5t Avenue Contributin 1935 Bun glow 220 NW 2" Street Contributin 1948 Frame Vernacular 154 NW 5 Avenue Contributin 1935 Bun slow 103 NW 3 Avenue Contributin 1959 Mason Vernacular 107 NW 3` Avenue Non-Contributin 1997 Mason Vernacular 115 NW 3` Avenue Non-Contributin 1985 Mason Vernacular 116 NW 3 Avenue Non-Contributin 1980 Mason Vernacular 122 NW 3` Avenue Non-Contributin 1995 Masonr Vernacular 126 NW 3~ Avenue Nan-Contributin 1996 Mason Vernacular 129 NW 3r Avenue Nan-Contributin 1997 Masonr Vernacular 130 NW 3` Avenue Non-Contributin 1996 Masan Vernacular NW 5 Avenue Contributin Park Site of First School 85 NW 5 Avenue Non-Contribu#in 1978 Mason Vernacular 98 NW 5' Avenue Non-Contributin 1972 Mason Vernacular 103 NW 5 Avenue Non-Contributin 1952 Mason Vernacular 105 NW 5 Avenue Non-Contributin 1960 Mason Vernacular 133 NW 5' Avenue Non-Contributin Masonr Vernacular 135 NW 5 Avenue Non-Contributin 1960 Mason Vernacular 139 NW 5 Avenue Non-Contributin Masonr Vernacular 401 NW 15` Street Non-Contributin 1963 Masan Vernacular 300 NW 2" Street Non-Contributin Masonr Vernacular 312 NW 2" Street Nan-Contributin 1981 Mason Vernacular 316 NW 2" Street Non-Contributin Masonr Vernacular 111 ATTACHMENT-C ORDINANCE 17-09 N.W. a~ l n ~~ N,yy, 1ST IDs. 3 3 z Z A T L A ST. > > a a a ~ M 3 3 Z ? ~ . w > a Q IA N~'~N~NI IN ,® N l~~ \ WEST SETTLERS HISTORIC DISTRICT RESUR~/EY MAP ~~ ~~ ~~~ ~ ~~ PLANNING AND ZONING DEPARTMENT ~ AREA TO BE REMOVED (ATLANTIC GROVE DEVELOPMENT) D/G/TAL RASE MAP SYSTEM -- MAP REF: WEST SETRERS~REA TO BE REMOVED N T I C A V E N U E a~a~ a a ~a~ MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Mar McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: April 27, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE NO. 17-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 17-09 which adopts the recommendations of the West Settlers Historic District resurvey report, including expansion of the Period of Significance (POS) to 1970, reclassification of 7 properties, and amending the southern district boundary. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Old School Square, Nassau Park, and West Settlers Historic Districts. The objective was to survey all properties developed at least thirty-five years ago within each of the districts and to identify both contributing and non-contributing buildings and structures. An historical overview of each area was provided in the final report. The City Commission reviewed the recommendations of the final survey report for the West Settlers Historic District at its workshop on March 12, 2009 as follows: * Amend the southern boundary by removing the Atlantic Grove development; and, * Extend the Period of Significance (POS) to 1970 (currently spans to 1947) and reclassify 7 properties from non-contributing to contributing. Ordinance 17-09 provides for the POS extension to 1970, and the reclassification of 7 properties within the West Settlers Historic District. Additional analysis is contained within the attached HPB Staff Report. Ordinance 17-09 also contains two attachments: Attachment A -West Settlers Historic District Resurvey Report, and Attachment B -West Settlers Historic District property list including dates of construction, architectural styles, and classifications. The recommendation for listing individual properties (La France Hotel and S.D. Spady House) on the NRHP may be explored and, if an application is supported, will be adopted by a separate Ordinance. An additional recommendation was made to place a marker at the wall which exists along a portion of NW 4th Street/Lake Ida Road and historically represented a separation between African-American and Caucasian neighborhoods. This recommendation was supported by the City Commission at the March workshop meeting. Staff is looking into the placement of a State Historical Marker at this site, and has contacted a few community members regarding research assistance on this project. The cost for a State Historical Marker is $1,930, and a State Grant may be sought to cover a portion of this cost. REVIEW BY OTHERS The Downtown Development Authority (DDA) reviewed Ordinance 17-09 at its April 13, 2009 meeting and recommended approval. The Historic Preservation Board (HPB) reviewed Ordinance 17-09 at its April 15, 2009 meeting and recommended approval, on a vote of 4-0. The Community Redevelopment Agency (CRA) reviewed Ordinance 17-09 at its April 16, 2009 meeting and recommended approval. The Planning and Zoning Board reviewed Ordinance 17-09 at its April 20, 2009 meeting and recommended approval, on a vote of 6-0. RECOMMENDATION Approve Ordinance 17-09, adopting the recommendations in the resurvey report including the expanded Period of Significance to 1970, reclassification of 7 properties, and amendment of the district boundaries. N. ~~. a ~~~ x ~- _ M ARTIN x. _- z~ - i f lid I ~ ~---~ w d ~- P, -__ HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 15, 2009 ITEM: CONSIDERATION OF ORDINANCE 17-09 FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF WEST SETTLERS HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1970 AND RECLASSIFYING 6 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING; AMENDING THE LAND DEVELOPMENT REGULATIONS SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L}, "DESIGNATION OF HISTORIC DISTR[CTS", SUBSECTION (5}, "WEST SETTLERS", TO PROVIDE FOR THE REMOVAL OF THE ATLANTIC GROVE DEVELOPMENT FROM THE WEST SETTLERS HISTORIC DISTRICT AND AMENDING THE WEST SETTLERS HISTORIC DISTRICT BOUNDARIES. ITEM BEFORE THE BOARD The following actions are before the Board: • That of making a recommendation to the Planning and Zoning Board regarding Ordinance 17- 09, with respect to the LDR Amendment to Section 4.5.1(L)(5), West Settlers, pursuant to LDR Section 2.2.6(D)(5). That of making a recommendation to the City Commission regarding Ordinance 17-09 to provide for the for the acceptance of the resurvey report of West Settlers Historic District including extension of the Period of Significance (POS) to 1970, and reclassifying 6 properties from non-contributing to contributing, pursuant to Land Development Regulations (LDR) Section 4.5.1 (N}, Criteria for Change of Historic Classification and 4.5.1(0), Procedures for Change of Historic Classification. • That of making a recommendation to the City Commission regarding Ordinance 17-09 to provide for the removal of the Atlantic Grove Development from within the West Settlers Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(N), Criteria for Removal of Historic Designation and 4.5.1(0), Procedures for Removal of Historic Designation. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts and to identify those which contain both contributing and non-contributing buildings and structures. A historical overview of each area was provided in the final survey report, which was reviewed by the City Commission at its workshop on February 10, 2009. The final survey report to be adopted is far the West Settlers Historic District. The attached Ordinance incorporates the following recommendations: __. `fir ~;,E,~; 1i-G~3; `v~l~;~~ ~~~jr~r_~F. I-IE~rtJ>l~: ~~istri~f R~~~Erzr~y • That the Period of Significance (POS} be expanded to 1970, which would reclassify 6 properties from non-contributing to contributi~. The current POS spans through to 1947. See Exhibit A for those properties recommended for reclassification. • That the southern boundary be amended by removing the Atlantic Grove development; and, • That listing on the National Register of Historic Places is sought for the La France Hotel and SD Spady House properties. Following are details regarding the Period of Significance, the southern boundary amendment, and listing on the National Register of Historic Places: Period of Significance A recommendation to extend the POS to 1970 has been justified in that it coincides with the end of the segregation era in Delray Beach. This affected the area as it began to change as residents moved elsewhere within the city. The report notes that the West Settlers neighborhood "never lost its identity or its cohesiveness during this period, as new apartment buildings went up, and the commercial establishments...continued to provide basic services and livelihood to the residents" that remained behind. The report further explains that the district is "mostly distinguished for its historical significance, rather than its architectural significance." The POS extension would affect the classification of 6 properties currently deemed non-contributing, which were constructed from 1948-1964. Removal of Designation (Southern Boundary Amendment} The final survey report notes that "the historic district's southern boundary has undergone significant erosion of its historic fabric". The district likely benefitted from the HPB's review and approval of the infill development, referred as the Atlantic Grove development. However, it is not historically significant, and has already been redeveloped, warranting its removal. This is further explained in the final survey report for the West Settlers Historic District. National Re ister of Historic Places NRHP The report recommends the listing of the La France Hotel and the SD Spady House on the National Register of Historic Places, which would provide additional recognition for each property, as well as the West Settlers Historic District. It should be noted that additional review criteria or restrictions would not be placed on those properties via this designation. Ordinance 17-09 includes Attachment A, the f=inal Survey Report for the West Settlers Historic District, and Attachment B, which notes each surveyed property and its date of construction, historic classification, and architectural style. Consideration of Ordinance 17-09 is now before the Board for review and recommendation to the City Commission. ANALYSIS Pursuant to LDR Section 2.2.6(A), a Historic Preservation Board for the City of Delray Beach is hereby created. The up rpose of this Board is fo foster and promote the recognition, protection, enhancement and use of historic resources in fhe Cify of Delray Beach and to have a lay body which steal! have aufhority fo act on mafters pertaining to historic preservation. Pursuant to LDR Section 2.2.6(D)(1), Duties, Powers, and Responsibilities, the Historic Preservation Board shall develop, maintain, and update a survey of archaeological, sifes,,,properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or ~~r~ii~~r?c;w~ ~17•~~;'v~~W~k ~~~:I~t;;. I-I;~roric i~:i~~~°#~i Rest€i~ve~t inferest_ The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Nisforic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey_ Pursuant to LDR Section 2.2.6{D)(2), Duties, Powers, and Responsibilities, the Historic Preservation Board shall nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAFF COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the West Settlers Historic District complies with this re uirement. CHANGE OF HISTORIC CLASSIFICATION LDR Section 4.5.1(N), Criteria for Change of Historic Classification {1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent fo a designated historic disfricf. {b) Criteria for Change of Historic Classification: If a Gity-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and steal! be determined as follows: 7. The survey recommends the inclusion of an additional "Period of Significance'; which would reclassify properties from non-contributing to contributing, ar; 2_ The survey recommends that a property or properties have been so significantly altered that fhe changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing fo non-contributing. STAFF COMMENT: __.._..__.... _ .... The subject survey meets the criteria for change of historic classification as it was conducted within the last 5 years {complete January 2009}, and the survey recommends that the Period of Significance be adapted which would reclassify 6 properties from non-contributing to contributing. Therefore, the reclassification of the properties listed in Exhibit A may be reviewed. LDR Section 4.5.1(0), Procedures for Change of Historic Designation andlor Classification {2} Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to fhe Historic Preservation Board and maybe initiated by wriften request of.' {a} The Historic Preservation Board based upon the recommendations of aCify-initiated survey completed within free (5) years prior to the application; or {b) The Cify Commission based upon the recommendations of aCify-initiated survey completed within five (5} years prior to fhe application; ar (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of fhe information provided on each application fo determine if it generally conforms with 1 ~ ear I ;~=~~,w '~7-~ ~; ~'L{W~~ ~a?t!1~~ ~..~i~.~~,ic C~is7r~c( ~~a~fr~~~p criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shat! contain the following: {b) Change of Historic Classification: 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either: a. lass of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance"per fhe survey recommendations. STAFF COMMENT: It has been determined that the subject request conforms with Section 4.5.1(N)(1), and the recommendations have been justified within the report with respect to the expansion of the POS to 1970. The information has been provided and reviewed by Staff and deemed to be complete. The property located 211 NW 1St Street was overlooked during the resurvey. The principal structure was constructed in 1959, and is of the Ranch style. In 2007, the HPB approved appropriate improvements to the structure including window replacement and color changes. These improvements have been made, and the property has been salvaged from years of neglect from a previous property owner. Staff recommends that this property be included in the properties to be reclassified, and it is noted that the property owner supports this reclassification. Should fhe Board recommend to the City Commission that this property be included in the reclassification, the caption to the Ordinance will need to be revised to reflect the reclassification of 7 properties. The properties recommended for reclassification were developed between 1948 and 1960 and have become a part of the West Settlers architectural and cultural history. These properties are compatible and illustrate the development typology of their time and incorporate a cultural significance within the area. Staff recommends that the POS expansion be accepted. CHANGE OF HISTORIC DESIGNATION LDR Section 4.5.1{N), Criteria for Change of Historic Designation (1 } A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes fo the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. {a} Criteria for Removal from a Historic Dis#ric#: !f a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at fhe time of original designation of that district or that was once part of a platfed lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). STAFF COMMENT: The subject survey meets the criteria far change of historic designation as it recommends that a portion of the historic district be removed, which is otherwise known as the Atlantic Grove development. The development touches the district's boundary as if existed at the time of the original designation. Therefore, the subject removal of historic designation meets the criteria listed above. ~r~r~E~< -~ 1 i ~; ~~`~=~t ~~t~(~r~ I-li~~~aric l::~istri~t F~~~~,~v;~}~ LDR Section 4.5.1(0), Procedures for Change of Historic Designation (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made fo the Historic Preservation Board and maybe initiated by written request of.• (b) The City Commission based upon the recommendations of a survey completed within five (5J years prior to the application; STAFF COMMENT: The subject application for removal of historic designation was supported by the City Commission at the March 10, 2009 workshop. Therefore, the subject application has been processed for HPB review. (3) The Planning and Zoning Director or his/her designee steal! conduct a preliminary evaluation of the information provided on each application to determine if if generally conforms with criteria in LDR Section 4.5.9(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall confain the following: (a) Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from to fhe historic disfricf; and 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a disfricf. STAFF COMMENT: The revised legal boundary noted in the attached Ordinance does not include those properties associated with the Atlantic Grove Development, per the attached map. There is no historic significance remaining within the area to be removed, as it was recently redeveloped. While the boundary alteration is unfortunate as it will reduce the size of the city's only historic district based in African-American history, the removal will further enhance the designation and increase the ratio of contributing and non- contributing properties. Based on the analysis given in the final survey report, positive findings can be made with respect to LDR Section 4.5.1 (N) and 4.5.1(0). First and Second Readings are anticipated at City Commission on Tuesday, May 5, 2009, and Tuesday, May 19, 2009, respectively. REVIEW BY OTHERS The DDA reviewed will review Ordinance 17-09 at its meeting of April 13, 2009. The recommendation will be available at the HPB meeting. The CRA will review Ordinance 17-09 at its meeting of April 16, 2009, where a recommendation will be forwarded to the City Commission. The WARC will review Ordinance 17-09 at its meeting of May 13, 2009, where a recommendation will be forwarded to the City Commission, upon 2"`~ reading. It is noted that the Apri[ WARC meeting was canceled due to a holiday on April 8, 2009, which resulted in the delayed recommendation. __ a~rc~~r:~r~cti 1i-U9; 4r~:'uR~t ~f~€~I~r~. I-1=.ctraric I~?istri~i i~~~t~~v~~~ RECOMMENDATION By Separate Motions: Recommend approval to the Planning and Zoning Board regarding Ordinance 17-09, with respect to the LDR Amendment to Section 4.5.1(L)(5), West Settlers, pursuant to LDR Section 2.2.6(D)(5). Recommend approval to the City Commission of Ordinance 17-09 for the extensions of the Period of Significance to 1970, reclassification of 6 properties from non-contributing to contributing, removal of historic designation of the Atlantic Grove Development from within the West Settlers Historic District, and support for the preparation of an application for listing of the SD SPady Museum and La France Hotel on the National Register of Historic Places subject to the following: 1. That the property at 211 NW 15t Street be added to the list of properties to be reclassified as contributing, Prepared by.' Amy F. Alvarez, Historic Preservation Planner Attachments: • Exhibit A -Recommended Reclassifications • West Settlers Historic Disfirict Map • Ordinance 97-09 and Attachments A and B N.W. .en v 7 Q Q ~ a a a x ~ n w 3 Z ~r z ~11N LUTWER ~..,^ ,._ ~ .... ~ .....~ _..... ,~ .....~ . .~v~ _ < S '~ -., I ~~ yr 3 vi ~n{~~~ ~~~~t ~~~ v L CONTf21E1UTING-2L~9 RESURVEY VACAfdT HisTORic ~is-r~icT ~ ~4~ CON7ft16U7ENG - 1997 AESIGNATIRV URIGI?7A~ 00UNQNtY .+5~'~ w•-it_ NOid-CONTR{SU71NC - - - €iECGMh;ENGED90UN~ARY GIN OF DEIRAY BEACH, iL RESURVEY MAP ~'ARfiiNG Fors INAIY10UA4 lY ~ESIGNFFEA 9 PLANNING do ZONING DEPAR1TdEt . Uf2VEYC© NOT ftE -- DlCITAL BASE MAP 5Y5TEM -- FAP.P REF: WEST SETTLERS J y ` ~ Z 6 ! N ~~ Z _ 3 -Na7 RESUR+>~v€~ N.W. 15 A V E N U E ~~ I ~¢~~a .?rr, r.~,>~;~<n ~1 ~ ..fig. , _~~ ~4~~§~nr~ i..,,r.g~rE~ istri~i F~~s~rr~.~~y ~? ~ :~ ,~ , ~~~ .i3r- ~ 7 t~f 7 EXHIBIT A - RECLASSiF'iED PROPERTY LIST 214 NW 2" Street 1957 Ranch 400 NW 2" Street 1960 Ranch 107 NW 4 Avenue 1954 Masonr Vernacular 124 NW 4 Avenue 1955 Masonr Vernacular 108 NW 4t Avenue 1948 Mason Vernacular 220 NW 2~ Street 1948 Frame Vernacular MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: Apri127, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF MAY 19, 2009 RESOLUTION N0.21-09 (SALE OF PROPERTY LOCATED AT 46 NW 12TH AVENUEI ITEM BEFORE COMMISSION Resolution No. 21-09 for sale of property located at 46 NW 12th Avenue, Delray Beach to Ginette Louis. BACKGROUND The attached Resolution 21-09 authorizes the City to sell property that the City acquired from the County for unpaid taxes located at 46 NW 12th Avenue, Delray Beach, Florida, to Ginette Louis for affordable housing purposes for the purchase price of $162,000.00. The house on the property was built by the Atlantic High School Eagle's Nest Program. Incorporated within the resolution are the terms and conditions of the Contract for Sale and Purchase. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. RESOLUTION NO. 21-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HERESY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 46 NW 12~ Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to Ginette Louis, as Buyer, for the purchase price of One Hundred Sixty-Two Thousand Dollars and 00/100 cents ($162,000.00), said propertybeing described as follows: Lot 28, Block 1, ATLANTIC PARK GARDENS, according to the map or plat thereof as recorded in Plat Sook 14, Page 56, Public Records of Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on the day of , 2009. ATTEST: MAYOR City Clerk Exhibit "A" CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. ls` Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller") and GINETTE LOUIS,("Buyer"), 133 SW 15"' Avenue, #9, Delray Beach, Florida 33444 (Phone: 561- 305-9798), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). 2. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: Lot 28, Block 1, ATLANTIC PARK GARDENS, according the map or plat thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Beach County, Florida. Property Control No. 12-43-46-17-18-001-0280 (b) Street address, city, zip, of the Property is: 46 NW 12`h Avenue, Delray Beach, Florida 33444 22. PURCHASE PRICE $ 162,000.00 PAYMENT: (a) Deposit(s) to be held in escrow by Steven Rubin, P.A. Trust Account in the amount of $ 3,000.00 (b) Balance to close shall be paid in the form of U.S. Cash or a LOCALLY DRAWN certified or cashier's Check, subject to adjustments or prorations $ 159,000.00 222. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before June 1, 2009, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): abstract of title or X title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered within one hundred twenty (120) calendar days following the execution of this Contract, unless modified by other provisions of Contract. V2. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7-1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. 1 VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; Seller shall deliver occupancy of Property to Buyer at time of closing subject to Paragraph XI E. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) may assign and thereby be released from any further liability under this Contract; may assign but not be released from liability under this Contract; or X may not assign this Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X . CITY OF DELRAY BEACH GINETTE LOUIS By: By: Date Date Print Name: Print Name: Tax ID No. Tax ID No. 2 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, a Florida municipal corporation BUYER: GINETTE LOUIS, 133 SW 15th Avenue, #9, Delray Beach, FL 33444 PROPERTY ADDRESS: 46 NW 12`h Avenue, Delray Beach, Florida 33444 XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have sixty (60) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. D. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. E. The following items shall not be included with the property: Washer/Dryer 3 Dishwasher Stove/Oven/Range Refrigerator Carpet for 3 bedrooms Microwave Blinds Seller agrees to provide a Six Thousand Five Hundred Dollar ($6,500.00) gift card to Home Depot for Buyer to be able to purchase and install the above- listed items independently. 4 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1)An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It sha11 commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract sha11 become the property of Buyer, subject to the right of retention thereof by first mortgagee until fu11y paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Re a1 Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which sha11 be discharged by Se11er at or before closing. Se11er sha11 convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title sha11 be determined according to applicable Tit 1e Standards adopted by authority of The Florida Bar and in accordance with law. Buyer sha11 have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer sha11, within 3 days thereafter, notify Se11er in writing specifying defect(s). If the defect(s) render title unmarketable, Se11er wi11 have 30 days from receipt of notice to remove the defect(s), failing which Buyer sha11, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Se11er either: (1) extending the time for a reasonable period not to exceed 120 days within which Se11er sha11 use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which sha11 immediately be returned to Buyer. If Buyer fails to so notify Se11er, Buyer sha11 be deemed to have accepted the title as it then is. Se11er sha11, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor. If Se11er is unable to timely correct the defects, Buyer sha11 either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Se11er from all further obligation under this Contract. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Re a1 Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same sha11 constitute a title defect. ai £~~-~~-'_'_ __-_ - 1-s g-r-ap` '-a~~es~~,__`~-.she c~.~,..~ ~,, ~ _m,..._`~ ~rz3+e~s~ra-1 ---- -- -------- ----._ E. INGRESS AND EGRESS: Se11er warrants and represents that there is ingress and egress to the Re a1 Property sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard A. G. LIENS: Se11er sha11 furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Se11er and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Se11er sha11 deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Se11er's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or wi11 be paid at closing of this Contract. H. PLACE OF CLOSING: Closing sha11 be held in the county where Re a1 Property is located, at the office of the attorney or other closing agent designated by Se11er. I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national 1ega1 holidays sha11 be excluded. Any time periods provided for herein which sha11 end on Saturday, Sunday or 1ega1 holiday sha11 extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. J. DOCUMENTS FOR CLOSING: Se11er sha11 furnish deed, bi11 of sale, construction lien affidavit, owner's possession affidavit, and corrective instruments. Buyer sha11 furnish closing statement. 5 K. EXPENSES: Documentary stamps on the deed and recording corrective instruments sha11 be paid by Se11er. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Se11er, deed and financing statements sha11 be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, sha11 be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV. L. PROBATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property sha11 be prorated through day before closing. Buyer sha11 have the option of taking over any existing policies of insurance, if assumable, in which event premiums sha11 be prorated. Cash at closing sha11 be increased or decreased as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits wi11 be credited to Buyer. Escrow deposits held by mortgagee wi11 be credited to Se11er. Taxes sha11 be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes wi11 be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes wi11 be prorated on the prior year's tax. If there are completed improvements on Re a1 Property by January 1st of year of closing, which improvements were not in existence on January 1st of the prior year, then taxes sha11 be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request wi11 be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate sha11, at request of either party, be readjusted upon receipt of tax bi11 on condition that a statement to that effect is signed at closing. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Se11er. Pending liens as of date of closing sha11 be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien sha11 be considered as certified, confirmed or ratified and Se11er sha11, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. ~T. E#SFEC~E8P7-~k&IiAI~ °~-~--".•mF~PT-T£P~FAN^e~Ee4~.-_ ~--rs-~,.'~~.z~, as e~B--~la~~;--r _,=.si-r~-~,'~-.e:T~~?---~-~=~; Karma ~„ a-roc-~s~r axtzrrr~~t ,~,___,~ .~ .~ ,~ _ „_.__-r-app ~ 8e~~~s~-` ~q- ---- --- ----_ ~z~ a---- -- ------- --~---'- -- a~f ~,'z.-lass as ------ _ - ~ - - P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed sha11 be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title sha11 be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Se11er's title unmarketable from the date of the last evidence. A11 closing proceeds sha11 be held in escrow by Se11er's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Se11er's title is rendered unmarketable, through no fault of Buyer, Buyer sha11, within the 5 day period, notify Se11er in writing of the defect and Se11er sha11 have 30 days from date of receipt of such notification to cure the defect. If Se11er fails to timely cure the defect, all deposit(s) sha11, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer sha11 return Personalty and vacate Re a1 Property and reconvey the Property to Se11er by special warranty deed and bi11 of sale. If Buyer fails to make timely demand for refund, Buyer sha11 take title as is, waiving all rights against Se11er as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bi11 of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds sha11 control over contrary provision in this Contract. Se11er sha11 have the right to require from the lending institution a written commitment that it wi11 not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds sha11 not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction sha11 determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent sha11 fu11y terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent wi11 comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Se11er where Agent is made a party because of acting as Agent hereunder, or 6 in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses. S. FAILURE OF PERFORMANCE: Except as provided in Paragraph XII, if Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include a11. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Re a1 Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTBER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF MAY 19, 2009 ORDINANCE N0.23-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider aCity-initiated amendment to the Land Development Regulations (LDR), amending Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications" 2.4.5, "Procedures for Obtaining Development Approvals"; to provide master development plan approval authority to the Historic Preservation Board, with associated fees and processes. BACKGROUND At the first reading on May 5, 2009 the Commission passed Ordinance No. 23-09. RECOMMENDATION Recommend approval of Ordinance No. 23-09 on second and final reading. ORDINANCE N0.23-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTIONS 2.2.6, "THE HISTORIC PRESERVATION BOARD", 2.4.3, "SUBMISSION REQUIREMENTS", 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS" 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS"; TO PROVIDE MASTER DEVELOPMENT PLAN APPROVAL AUTHORITY TO THE HISTORIC PRESERVATION BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on Apri120, 2009 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.2.6, "The Historic Preservation Board", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.6 The Historic Preservation Board: (A) Creation: A Historic Preservation Board for the City of Delray Beach is hereby created The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. (S) Composition and Special ualifications: (1) The Historic Preservation Board shall consist of seven members. (2) Each of five seats on the Board must be filled with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as disciplines as possible to the Board Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. (C) Meetings and uorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business rrreeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. (D) Duties, Powers, and Responsibilities: (1) Develop, maintairy and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, inforniation, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and 2 ORD. N0.23-09 regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness as specified in Section 2.4.6(H). In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in Section 4.5.1(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth in Section 4.5.1. Act as a regulatory bodeprove, deny or modify a Master Development Plan. {~ ~ Male recommendations concerning land development code amendmealts to the Planning and Zoning Soarcl, and concerning building code amendmealts to the Chief Building Official, as they apply to Historic structures and districts. {~ ~7 Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(5)]. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission {~~ Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and/or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Soarcl, and will be subject to approval by the Commission The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board {$)~Mal<e recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation {~ 10 Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. {~} 11 Male recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. {~} 12 Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development 3 ORD. N0.23-09 and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. {~} 13 Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction is proposed {~} 14 In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. {~4} 15 Male recommendations to the Commission, and by referral to the Planning and Zoning Soarcl, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plary and any comprehensive use planning required by this state. {~} 16 Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. 17 Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. {~} 18 Execute any other functions which may be approved by ordinance or resolution of the Commission {~} 19 Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. {~} 20 Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission Section 3. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.4.3, "Submission Requirements", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. 4 ORD. N0.23-09 (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,500 (b) Review of a ADA/DRI $ 3,640 Modification of a DRI $ 1,215 (c) Voluntary Annexation with Zoning $ 1,105 (4) (d) Rezoning of Land $ 2,000 (e) Modification of a SAD Ordinance to add a use or uses $ 2,000 (f) Conditional Uses, New Application $ 1,500 Modification requiring Soard Review $ 610 (g) Master Development Plans $ 1,215 (1) Master Development Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(5)] $ 610 (i) Similarity of Use $ 305 (j) Site Plan Review Class I (Non Impacting Modification) $ 110 Class II (Non Impacting with Soard Review)$ 225 Class III (1VIinor Modification) $ 550 (1) Class IV (1Vlajor Modification) $ 915 (1) Class V (New Submission) $ 1,215 (1) (lc) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $ 55 Class II Site Plan Modification $ 115 Class III Site Plan Modification $ 275 Class IV Site Plan Modification $ 430 Class V Site Plan $ 610 Master Development Plan $ 1,215 Master Development Plan modification $ Conditional Use $ 750 5 ORD. N0.23-09 Conditional Use Modification $ 305 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Major Development $ 280 (1) Plats NTinor Subdivision $ 915 (1) Major Subdivision $ 1,825 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 750 General Easements $ 370 Specific E asements $ 185 (n) Master Sign Program $ 150 (o) Variances Board of Adjustment $ 500 Historic Preservation Board $ 250 (p) Formal interpretation by the Board of Adjustment $ 60 (per item) $ 60 (q) Certificate of Appropriateness by Board (14) NTinor Development $ 60 (2) Major Development $ 555 (1) (r) Certificate of Appropriateness byStaff $ 0 (13) (s) Request for Historic Designation $ 60 (per PY'ol~~') Request for Qiange of Historic Designation or Classification $ 60 (per PY'ol~~') (t) Hearingbefore the Board of Adjustment $ 60 (per item) $ 60 (u) Temporary Use Request involving City 6 ORD. N0.23-09 Commission Action $ 130 (v) Water Service Agreement Request - - without concunent site plan $ 130 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Qiange $ 1,500 (x) Waivers and Internal Adjustments $130 per request (6) $250 per request (~ (y) Appeals by Applicant $ 335 (8) (z) Advertising (9) (aa) Zoning Verification Letter $ 120 (bb) North Seach/Seagate and Ocean Neighborhood $ 1,560 (1) Overlay District Review (cc) Application Fee for In Lieu Of and Public Parking Fee $ 225 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development) $ 60 NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Seach County, payable to Palm Seach County. (4) Fee maybe waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that mould apply for site plan modification 7 ORD. N0.23-09 (6) For requests made during the site plan /master plan reviewprocess. (7) For requests made subsequent to the site plan /master plan reviewprocess. (8) Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10) If approved, this fee will be credited toward the associated site plan modification (11) Recording fees of any documents shall be paid by the Applicant. (12) T~ fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. Section 4. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (E) Expiration of Approvals: (1) Conditional Uses, Site Plans, Site Plan Modifications, Preliminary Subdivision Plats: All approval expiration dates for Conditional Use, Site Plary Site Plan Modification, and Prelirrunary Subdivision Plat shall be deternuned as follows: (a) Approvals of Class IV and V Site Plans, Conditional Uses, and Major Conditional Use Modifications shall be valid for a period of twenty--four (24) months. Class I-III Site Plan Modifications and NTinor Conditional Use Modifications to an approved and established project, shall be considered a new approval and have an additional twenty-four (24) month approval period Class I-III Site Plan Modifications and Minor Conditional Use Modifications to an approved, yet unestablished project, shall be valid until the expiration date for the original Site Plan and/or Conditional Use approval. 8 ORD. N0.23-09 (2) Certificates of A~proPriateness: Certificates of Appropriateness approvals associated with a Site Plary Site Plan Modification and/or Conditional Use application shall follow timelines provided in Section 2.4.4(E)(1). All approval expiration dates for Certificates of Appropriateness not associated with a Site Plary Site Plan Modification, or Conditional Use shall be deternuned as follow: (a) New Certificates of Appropriateness approvals or any revision as defined by Section 4.5.1(E)(2) of an approved and established project shall be valid for a period of t~~enty--four (24) months. Any major revision, as defined by Section 4.5.1(E)(2), of an approved, yet unestablished Certificate of Appropriateness, shall be considered a new approval and have an additional t~~enty--four (24) month approval period Any minor revision, as defined by Section 4.5.1(E)(2), of an approved, yet unestablished Certificate of Appropriateness shall be valid for the original Certificate of Appropriateness approval period 2.4.4(F). (3) Extensions of approved applications maybe granted pursuant to LDR Section (4) Relief from Parking Requirements, Waivers, Adjustments: These approvals, associated with a specific development application, shall remain valid for the same period as said development application, do not run with the land, nor are they transferable to another development proposal. (5) Abandonments, Final Plats, Variances: (a) Once approved by the City Commission, the final plat must be recorded within eighteen (18) months. If the final plat is not recorded within eighteen (18) months, the approval expires. (b) A final plat may be vacated by action of the City Commission [See Section 2.4.5(L)]. (c) Abandonments, Final Plats, and Variances are final actions which rim with the land ,years. Section 5. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.4.5, "Procedures for Obtaining Development Approvals", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: 9 ORD. N0.23-09 (F) Site and Development and Master Development Plans (MDP~: (1) Rule: Site and development plans are divided into five (5) classifications. Class I -Class IV are modifications to site and development plans and are further described in Section 2.4.5(G). The Site Plan Review and Appearance Soarcl, or the Historic Preservation Soarcl, as applicable, may approve, approve subject to conditions or deny a Class V site and development plan. A Class V Site and Development Plan is described as follows: (a) Class V: New application for development of vacant land, or for modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. (2) Reduired Information: The following information must be presented in a site and development plan or a Master Development Plan submittal: Standard Application Items pursuant to 2.4.3(A); * Standard Site Plan Items pursuant to 2.4.3(5); * Standard Landscaping Plan Items pursuant to 2.4.3(C); * Preliminary Engineering Plans pursuant to 2.4.3(D); * Traffic Statement, Study, Report pursuant to 2.4.3(E). * Standard Architectural Elevation Items pursuant to 2.4.3(G); (3) Procedure: A site and development plan shall be processed through the following sequence: (a) Receipt and certification as complete; (b) Consideration at a public meeting before the Planning and Zoning Soarcl, the Site Plan Review and Appearance Soarcl, or the Historic Preservation Soard as appropriate, at which time action maybe taken. (4) Conditions: Conditions maybe imposed pursuant to Section 2.4.4(C). (5) Findings: In addition to provisions of Chapter Three, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and 10 ORD. N0.23-09 Harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. (6) Master Development Plans, Special Provisions: ~ A Master Development Plan (MDP) for property not located within a designated historic district and not located on an individually ro shall be approved by the Plannning and Zoning Soard A MDP shall be the guide for any subsequent site plan or subdivision action A site plan shall be required for any phase or the entire area encompassed by a MDP. Individual site plans shall be processed pursuant to Section 2.4.5(G), (H), and (I) with approval authority of the Site Plan Review and Appearance Soard ~b A Master Development Plan (MDP, for property located within a designated historic district or on an individually listed property shall be aUnro~y the Historic Preservation Soard A MDP shall be the guide for any subsequent site plan, subdivision, and/or certificate of a~ropriateness, individual applications for which sHall be approved by the Historic Preservation Soard Variances and waivers to the requirements of base district standards and supplemental district regulations, referred to herein, maybe granted by the Planning and Zoning Soard concurrent with approval of the Master Development Plan (MDP) without the requirement of a public hearing Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other tHan the part declared to be invalid Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST MAYO R 11 ORD. N0.23-09 City Clerk First Reading Second Reading 12 ORD. N0.23-09 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: April 29, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE N0.23-09 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations to provide Master Development Plan (MDP) approval authority to the Historic Preservation Board. BACKGROUND Master Development Plans are currently identified in the LDRs and are required in some zoning districts with exclusive review and approval authority given to the Planning and Zoning Board. Master Development Plans are the guide for any subsequent site plan or subdivision action. The amendment revises the LDRs to do the following: Gives the HPB the authority to approve Master Development Plans for properties located within designated historic districts or on individually historically listed properties; Provides for a fee for the initial MDP and any subsequent modifications; Provides for an approval duration period. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 20, 2008. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading of Ordinance No. 23-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND Z®NING B®ARD STAFF REPCIRT MEETING DATE: APRIL 20, 2009 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTIONS 2.2.6, "THE HISTORIC PRESERVATION BOARD", 2.4.3, "SUBMISSION REQUIREMENTS", 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS" 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS"; TO PROVIDE MASTER DEVELOPMENT PLAN APPROVAL AUTHORITY TO THE HISTORIC PRESERVATION BOARD, WITH ASSOCIATED FEES AND PROCESSES. ITEM BEF®RE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will provide authority to the Historic Preservation Board to review and approve Master Development Plans (MDPs) for projects located within historic districts or on individually historically designated properties. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BA~KGR®UND/ANALYSIS Master Development Plans are currently identified in the LDRs and are required in some zoning districts and are given exclusive review and approval authority to the Planning and Zoning Board. Master Development Plans are to be the guide for any subsequent site plan or subdivision action. The amendment revises the LDRs to do the following: Give the HPB the authority to approve Master Development Plans for properties located within designated historic districts or on individually historically listed properties; Provides for a fee for the initial MDP and any subsequent modifications; Provides for an approval duration period; REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Following are relevant sections of the Comprehensive Plan: Planning and Zoning Board Meeting, April 20, 2009 LDR Amendment -Master Development Plans for Historic Districts and properties Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. The amendment will allow for a process for the Historic Preservation Board to review, approve or deny a master plan. A master plan is a valuable, comprehensive plan that can address structure relocations, produce a consistent streetscape, establish a group of uses complimentary to each other, establish a theme for architectural treatments, landscaping, pavers, etc. This amendment is consistent with the Comprehensive Plan in that a comprehensive approach to preserving multiple properties can result. RFVIE1iV BY OTHIFRS The Historic Preservation Board will be making a recommendation on the proposed ordinance at their May 6, 2009 meeting. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTFRNATIOOF ACTT®NS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining To Approval Off Land Use And Development Applications" 2.4.5, "Procedures Far Obtaining Development Approvals"; To Provide Master Development Plan Approval Authority To The Historic Preservation Board, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) 2 Planning and Zoning Board Meeting, April 20, 2009 LDR Amendment -Master Development Plans for Historic Districts and properties C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining To Approval Of Land Use And Development Applications" 2.4.5, "Procedures For Obtaining Development Approvals"; To Provide Master Development Plan Approval Authority To The Historic Preservation Board, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMEPIDED ACTICIIV D. Recommend approval of the amendment to Land Development Regulations, Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining To Approval Of Land Use And Development Applications" 2.4.5, "Procedures For Obtaining Development Approvals"; To Provide Master Development Plan Approval Authority To The Historic Preservation Board, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) Attachment: ^ Proposed ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF MAY 19, 2009 ORDINANCE N0.24-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of aCity-initiated amendment to the Land Development Regulations (LDR), amending Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(F)(4), "Litigation Preventing Construction", to provide consistency with approval durations throughout the LDR. BACKGROUND At the first reading on May 5, 2009 the Commission passed Ordinance No. 24-09. RECOMMENDATION Recommend approval of Ordinance No. 24-09 on second and final reading. ORDINANCE N0.24-09 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(F)(4), "LITIGATION PREVENTING CONSTRUCTION", IN ORDER TO EXTEND THE TIME FRAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on Apri120, 2009 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 2.4, "General Procedures", Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Sub-section 2.4.4(F)(4), "Litigation Preventing Construction', of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (4) Litigation Preventing Construction: When a lawsuit is filed against the City, a developer, owner or applicant challenging the granting of a development approval by the City as listed Linder Subsection 2.4.4(E)(2), an extension of the development approval shall be granted without further review The extension of time shall be effective Lentil the litigation is concluded Provided, however, in no event shall the extension of time exceed seven (7) years from the initial date of approval of the development application. If the litigation is not resolved within a maximum of seven (7) years from the initial date of approval, the developer, owner or applicant shall be required to follow Section 2.4.4(F) (1), (2) or (3). The litigation shall be deemed to be concluded after all appeals have been exhausted and a Final Order/Decision from the Court having jurisdiction over the matter has been entered This subsection does not apply to lawsuits filed by the developer, owner or applicant against some other party, nor does it apply in any way to allow the developer, owner or applicant to extend the ~ 24 month deadline because of financial issues. However, in order to be eligible for an extension of time, the developer, owner or applicant seeking an extension must send written notification and documentation that shows ongoing litigation to the City within 30 days of the service of the suit, unless the City is a party to the suit. Except that, Subsection 2.4.4(F)(4) shall also apply to those development applications that mere approved by the City prior to the adoption date of this ordinance, which approval is still valid in that the approval period has not expired, but construction has not commenced as litigation over the approval of the development application has prevented the commencement of construction In order to qualify under this exception provided for in this paragraph, the developer, owner or applicant must provide the required notification/documentation to the City within 30 days of the adoption of this ordinance. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent j urisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. N0.24-09 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: April 29, 2009 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE N0.24-09 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide consistent reference to the 24-month approval period as was amended elsewhere in the LDRs. BACKGROUND The amendment will provide consistent reference to the 24-month approval period as amended elsewhere in the LDRs. This specific subsection pertains to extension of the approval period of a development when litigation is involved. The current time period is listed at 18 months. This refers to the initial approval period that has been recently amended to 24 months. However, when these changes were made elsewhere in the LDRs, this reference dealing with litigation was inadvertently missed. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 20, 2008. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading Ordinance No. 24-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND Z®NING B®ARD STAFF REPCIRT MEETING DATE: APRIL 20, 2009 AGENDA NO: IV.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(F)(4), "LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE CONSISTENCY WITH APPROVAL DURATIONS THROUGHOUT THE LDR. ITEM BEF®RE THE Bt3ARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will provide consistent reference to the 24-month approval period as was amended elsewhere in the LDRs. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BAC6CGROUND/ANALYSIS The amendment will provide consistent reference to the 24-month approval period as amended elsewhere in the LDRs. This specific subsection pertains to extension of the approval period of a development when litigation is involved. The current time period is listed at 1$ months. This refers to the initial approval period that has been recently amended to 24 months. However, when these changes were made elsewhere in the LDRs, this reference dealing with litigation was inadvertently missed . REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M){5) (Findings) requires that the City Commission make a finding that the tent amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Comprehensive Plan was performed, and while there are no specific Goals, Objectives or Policies that are relevant, it is noted that the proposed amendment is not inconsistent with them. Planning and Zoning Board Meeting, April 20, 2009 LDR Amendment -Litigation Preventing Construction (18 months increase to 24 months). F~F~lIEV1! BY ®TFiERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERIVATIVI= ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(F)(4), "Litigation Preventing Construction", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(F)(4), "Litigation Preventing Construction", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOIlIIMFIdDFD ACTION D. Recommend approval of the amendment to Land Development Regulations, Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(F)(4), "Litigation Preventing Construction", by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) Attachment: ^ Proposed ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF MAY 19, 2009 ORDINANCE N0.25-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of aCity-initiated amendment to the Land Development Regulations (LDR) Section 4.4.3, "Single Family Residential (R-1) District", Subsections 4.4.3(F) and 4.4.3(G) to provide development standards and supplemental regulations to encourage the redevelopment of the Carver Square Brownfield Area. BACKGROUND At the first reading on May 5, 2009 the Commission passed Ordinance No. 25-09. RECOMMENDATION Recommend approval of Ordinance No. 25-09 on second and final reading. ORDINANCE NO. 25-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", SUBSECTIONS 4.4.3(F), "DEVELOPMENT STANDARDS", AND 4.4.3(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE DEVELOPMENT STANDARDS AND SUPPLEMENTAL REGULATIONS TO ENCOURAGE THE REDEVELOPMENT OF THE CARVER SQUARE BROWNFIELD AREA; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 20, 2009 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. WHEREAS, the City Commission desires to provide Land Development Regulations to encourage redevelopment of the Carver Square Brownfield Area established pursuant to Resolution No. 20-07 (Carver Square Lots 11-30): NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection 4.4.3(F), "Development Standards" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) In addition to the provisions of Section 4.3.4(K), properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Coverage: 1. Forty percent (40%) for one story houses 2. Thirty percent (30%) for multi-story houses (b) The maximum Floor Area Ratio is .35 for amulti-story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy-five percent (75%) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi-story homes in the R-1-AA zoning district shall be twenty-five feet (25') for the front yard and fifteen feet (15') for the rear yard. (e) Minimum setback for multi-story homes in the R-1-AAA and R-1-AAAB zoning districts shall be thirty feet (30') for the front yard and seventeen feet (17') for the rear yard. (f) Additional landscaping required for both new multi-story houses or additions to existing multi-story houses shall be as follows: 2 ORD. NO. 25-09 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot (14') shade trees or eighteen foot (18') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height: Single-story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). b. Any portion exceeding the dimensions described in Section 4.4.3(F)(2)(g)l.a. above shall be considered multi-story structures. (h) Upper Story Height: Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). (3) Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area (Resolution No. 20-07 -Carver Square Lots 11-30~ (a) Setbacks: Front: 20' (2) Side (Street): 10' (31 Side (Interiorl: 7.5' (4) Rear 10' (b) Setbacks for Garages, Carports and Porte-Cocheres: Required parking is not allowed in the front or street side setback. Garages, carports and porte- ORD. NO. 25-09 cocheres must have a minimum 20' setback when the entrance faces a public street. (c) Porch Encroachments: Front porches may extend 5' into the front setback and cannot be enclosed in anv manner. Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection 4.4.3(G), "Supplemental District Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Within the Carver Square Brownfield Area (Resolution No. 20-07 -Carver Square Lots 11-30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2009. 4 ORD. NO. 25-09 ATTEST: CITY CLERK First Reading Second Reading MAYOR ORD. NO. 25-09 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: April 29, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE N0.25-09 ITEM BEFORE COMMISSION Consideration of a city-initiated amendment to Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections 4.43(F), "Development Standards" and 4.4.3(G), "Supplemental Regulations" of the Land Development Regulations for the Carver Square Brownfield Area. The Carver Square Brownfield Area is described as lots 11 - 30 of the Carver Square Subdivision, as recorded in Plat Book 24, page 11. BACKGROUND The Community Redevelopment Agency (CRA) has acquired two blocks of single family properties (20 lots total) in the Carver Square subdivision, pursuant to an acquisition plan that was approved by the CRA Board on February 24, 2005. The properties were the site of a former dumping area, and most of the houses that had been constructed on the lots experienced significant structural damage due to major settlement of the soil In 2004, the Florida Department of Environmental Protection (FDEP) and the US Environmental Protection Agency had completed tests with respect to environmental conditions on the site and determined that there is no environmental hazard present as it relates to toxic or hazardous waste disposal. However, the subsurface conditions of the area contained significant amounts of debris which indicated the area had been utilized as a landfill. The CRA's plans for the area included acquisition of the properties, relocation of the residents, demolition of the remaining structures, remediation of the soil conditions, stabilization of the site, and construction of new single family affordable housing. At its meeting of March 8, 2007, the City Commission approved Resolution No. 20-07 designating Lots 11 - 30 (Carver Square Subdivision) as a Brownfield Area for rehabilitative purposes as well as obtaining potential funding for the remediation. Nineteen (19) of the lots are owned by the CRA and one (1) is owned by the Delray Beach Community Land Trust (Lot 23). Also in 2007, the CRA procured services for the soil remediation and monitoring, as required by FDEP. In 2008 the CRA received a loan from South Florida Planning Council for activities related to soil remediation. The structures were demolished and the soil remediation was completed under Florida's Brownfield Program. Final certification by FDEP for redevelopment of the lots is anticipated by July. The amendment proposes reducing the current setback requirements as follows: The front setbacks will be reduced from 25' to 20' and The side street setbacks will be reduced from 15' to 10' By reducing the front and side street setbacks, the proposed amendment will provide more design flexibility, larger rear yards, and promotes a unique streetscape. In addition, the amendment will allow front porches to encroach 5' into the front setback and will require that all irrigation be connected to the City water system. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 20, 2008. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 25-09 for aCity-initiated amendment to the Land Development Regulations, by adopting the fmdings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 20, 2009 AGENDA NO: IV. C. AGENDA ITEM: CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.3, R-1-A (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT REGULATIONS, MODIFYING THE DEVELOPMENT STANDARDS AND SUPPLEMENTAL REGULATIONS FOR THE CARVER SQUARE BROWNFIELD AREA. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding acity-initiated amendment to Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections 4.4.3(F), "Development Standards" and 4.4.3(G), "Supplemental Regulations" of the Land Development Regulations for the Carver Square Brownfield Area. The Carver Square Brownfield Area is described as lots 11 - 30 of the Carver Square Subdivision, as recorded in Plat Book 24, page 11. The amendment is being processed in accordance with LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The Community Redevelopment Agency (CRA) has acquired two blocks of single family properties (20 lots total) in the Carver Square subdivision, pursuant to an acquisition plan that was approved by the CRA Board on February 24, 2005. The properties were the site of a former dumping area, and most of the houses that had been constructed on the lots experienced significant structural damage due to major settlement of the soil. In 2004, the Florida Department of Environmental Protection (FDEP) and the US Environmental Protection Agency had completed tests with respect to environmental conditions on the site and determined that there is no environmental hazard present as it relates to toxic or hazardous waste disposal. However, the subsurface conditions of the area contained significant amounts of debris which indicated the area had been utilized as a landfill. The CRA's plans for the area included acquisition of the properties, relocation of the residents, demolition of the remaining structures, remediation of the soil conditions, stabilization of the site, and construction of new single family affordable housing. At its meeting of March 8, 2007, the City Commission approved Resolution No. 20-07 designating Lots 11 - 30 (Carver Square Subdivision) as a Brownfield Area for rehabilitative purposes as well as obtaining potential funding for the remediation. Nineteen (19) of the lots are owned by the CRA and one (1) is owned by the Delray Beach Community Land Trust (Lot 23). Also in 2007, the CRA procured services for the soil remediation and monitoring, as required by FDEP. In 2008 the CRA received a loan from South Florida Planning Council for activities related to soil remediation. The structures were demolished and the soil remediation was Planning & Zoning Board Memorandum Staff Report LDR Amendment - R-1-A Regulations re: Carver Square Brownfield Area completed under Florida's Brownfield Program. Final certification by FDEP for redevelopment of the lots is anticipated by July. ANALYSIS The Carver Square subdivision was platted in 1952 and is zoned R-1-A (Single Family Residential). The lot dimensions are generally 55' X 94' and have a lot area 5,170 square feet. Pursuant to the R-1-A zone district regulations, the minimum dimensions for an interior lot is 60' X 100' while the minimum for corner lots is 80' X 100'. The minimum lot size is 7,500 sq. ft. While the lots do not meet the current requirements, they are nonconforming lots of record (ref. LDR Section 4.1.4) that can be developed to accommodate a single family home on each lot pursuant to the R-1-A regulations. However, due to the reduced lot sizes which are unique to this subdivision, special regulations are needed to provide maximum flexibility and incentivize development in this Brownfield Area. Historical records indicate that the front setbacks for the houses that were demolished ranged from 18' to 25'. Thus, the amendment proposes reducing the current setback requirements as follows: The front setbacks will be reduced from 25' to 20'; and, The side street setbacks will be reduced from 15' to 10', By reducing the front and side street setbacks, the proposed amendment will provide more design flexibility, larger rear yards, and promotes a unique streetscape. In addition, the amendment will allow front porches to encroach 5' into the front setback. The amendment includes a provision that requires a minimum 20' setback for a garage, carport or pone-cochere when the driveway entrance faces a side street. This is to ensure there is adequate room for guest/residents to park in the driveways, without vehicles encroaching into the right-of-way. In order to comply with other FDEP requirements related to the remediation, a provision is also included that all irrigation be connected to a City water system and the provision of irrigation from a well system is prohibited. Required Findings: Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the proposed amendment furthers the following objectives and policies as well as the adopted Southwest Area Neighborhood Redevelopment Plan. FUTURE LAND USE ELEMENT -GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAYBEACH. Objective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-1.2 The City shall work with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. The City shall take the lead in the 2 Planning & Zoning Board Memorandum Staff Report LDR Amendment - R-1-A Regulations re: Carver Square Brownfield Area preparation of neighborhood plans (as described in the Housing Element) and for redevelopment plans (except as provided for in Objective C-2 of this Element). The unique powers of the CRA shall be used in the implementation of appropriate provisions of such plans. Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Carver Square Redevelopment/Brownfield Area, is located within Sub-area 5 -Infill Area - pursuant to the Southwest Area Neighborhood Redevelopment Plan. Infill development, housing rehabilitation, and code enforcement are the recommended tools to enhance the stability of the neighborhoods in this area. The subject properties previously contained dilapidated homes that were constructed over a former illegal dump site. The proposed LDR amendment provides incentives to accommodate a unique quality affordable housing redevelopment project in the Southwest Neighborhood which will assist in the enhancement and revitalization of the neighborhood as well as arrest further decline. REVIEW BY OTHERS Community Redevelopment Aaenc At its meeting of April 16, 2009, the CRA Board reviewed and recommended approval of the proposed text LDR amendment. Courtesy Notices: Courtesy Notices were provided to the following Civic Associations: ^ PROD (Progressive Residents of Delray ^ President's Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. 3 Planning & Zoning Board Memorandum Staff Report LDR Amendment - R-1-A Regulations re: Carver Square Brownfield Area ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Section 4.4.3, R-1-A (Single Family Residential) zoning district regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations Section 4.4.3, R-1-A (Single Family Residential) zoning district regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Section 4.4.3, R-1-A (Single Family Residential) zoning district regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment:: ^ Proposed Ordinance 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.H. -REGULAR COMMISSION MEETING OF MAY 19, 2009 ORDINANCE N0.26-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of an ordinance amending Chapter 71, "Parking Regulations", to allow the City to add certain costs of collection fees to any unpaid balance owed the City. BACKGROUND At the first reading on May 5, 2009, the Commission passed Ordinance No. 26-09. RECOMMENDATION Recommend approval of Ordinance No. 26-09 on second and final reading. ORDINANCE N0.26-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.999, "PENALTY", SUBPARAGRAPH (B), "CIVIL PENALTY" TO ALLOW THE CITY TO ADD CERTAIN COSTS OF COLLECTION FEES FROM A REGISTERED COLLECTION AGENCY TO ANY UNPAID BALANCE OWED THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes Sec. 938.35 allows for municipalities to pursue the collection of any fines or costs which remain unpaid for ninety days through a registered collection agency and assess the collection fee to the balance owed the municipality; ancl, WHEREAS, the cost savings to the City mould be substantial since the violator would now be responsible for the collection fees instead of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 71, "Parking Regulations", Section 71.999, "Penalty', Subsection (B), "Civil Penalties", of the City`s Code of Ordinances of the City of Delray Beach, Florida, shall hereby be enacted as follow:: (B) [Civil Penalties.] The civil penalties shall be set out in the complaint and parking ticket and shall be in the amount of t~~enty--five dollars ($25.00) for each violation of this Chapter, except as otherwise set forth in this Section An additional t~~enty--five dollars ($25.00) civil penalty shall be imposed unless the amount designated on the complaint and parking ticket is paid within fourteen (14) calendar days from the date the complaint and parking ticket was affixed to that motor vehicle. Any fees which remain unpaid for 90 days or said fines in an amount not to exceed fort percent (40%) of the amount owed at the time the account is referred to the collection a eg~nc~ Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this day of 2009. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. N0.26-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney THROUGH: City Attorney DATE: April 29, 2009 SUBJECT: AGENDA ITEM 12.E. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE N0.26-09 ITEM BEFORE COMMISSION This Ordinance would amend Chapter 71, "Parking Regulations, Section 71.999, Penalty, subparagraph (b) Civil Penalty to allow the City to add certain costs of collection fees to any unpaid balance owed the City. BACKGROUND Florida Statute 938.35 allows for municipalities to charge violators any collection fees charged by any registered collection agency for obtaining payment for any unpaid traffic tickets. We have paid about $20,000 annually for parking ticket collection fees. RECOMMENDATION The City Attorney's Office recommends approval.