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09-22-09 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, September 22, 2009 1. PUBLIC COMMENT: The public is encouraged to offer comments with the Regular order of presentation being as follows: City Staff, public comments, Commission Meeting 6:00 discussion and official action. City Commission meetings are business meetings and p.m. the right to limit discussion rests with the Commission. Generally, remarks by an Public individual will be limited to three minutes or less. The Mayor or presiding officer Hearings 7:00 has discretion to adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243- 3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. 4. 5. PLEDGE OF ALLEGIANCE TO THE FLAG AGENDA APPROVAL APPROVAL OF MINUTES: A. September 8, 2009 -Workshop Meeting B. September 10, 2009 -Regular Meeting 6. PROCLAMATIONS: A. Play Day -October 3, 2009 B. Abbey Delray's Renewal and Re-Commitment Week -October 4-10, 2009 7. PRESENTATIONS: A. Special Recognition Award -Budget Task Force CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/213 KINGS LYNN ROAD:Approve a request to defer the installation of a sidewalk along Kings Lynn Road and Aylesbury Road for the property located at 213 Kings Lynn Road. B. RESOLUTION NO. 43-09: Approve Resolution No. 43-09 supporting the petition filed by the Florida Stormwater Association with the Florida Department of Environmental Protection for rule-making to amend Florida water duality standards by revising existing water body classifications to provide new and more appropriate beneficial uses and use expectations. C. RESOLUTION NO. 51-09/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/.TOINT PARTICIPATION AGREEMENT: Approve Resolution 51-09 authorizing execution of the .Toint Participation Agreement (.TPA) with the Florida Department of Transportation (FDOT) for installation of 12 bus shelters. D. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/BRANG CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a $45,667.42 decrease and final payment in the amount of $4,749.10 to Brang Construction, Inc. for completion of the Old Germantown Road Sidewalk Improvements. Funding is available from 334-3162-541-68.34 (General Construction Fund/Other Improvement/ Germantown Rd-Sidewalk). E. CONTRACT CLOSEOUT (C.O. NO. 3/FINAL)/ROSSO PAVING & DRAINAGE, INC.: Approve a Contract Closeout (Change Order No. 3/Final) in the amount of a $3,240.37 increase and final payment in the amount of $28,749.91 to Rosso Paving & Drainage, Inc., for the completion of the Homewood Boulevard Bicycle Lanes Road Widening Project. Funding is available from 334-3162-541-68.46 (General Construction Fund/Other Improvement/Homewood Blvd. Bikepaths). CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/INSITUFORM TECHNOLOGIES, INC.: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $42,900.00 decrease and final payment in the amount of $6,515.00 to Insituform Technologies, Inc. for the completion of the lining of the abandoned 16" force main under the Intracoastal Waterway. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission). G. DEL IDA COMMUNITY PARK/LANDSCAPING ARTIST IN RESIDENCY PROTECT/AMENDMENT NO. 1: Approve Amendment No. 1 to the agreement with Lois Brezinksi for the Landscape Artist in Residency Project for Del Ida Community Park to increase the amount of the contract by $3,442.04 for the cost of installing electrical service to the site. Funding is available from 115-1702-579-63.90 Lpecial Projects Fund/Capital Outlay/Other Improvements). H. REVISION OF FUNDING SOURCES/SW 14TH AVENUE ROADWAY, ALLEYS & DRAINAGE PRO.TECT:APprove revising the funding sources with H & D Construction, Co. for the S.W. 14th Avenue Roadway, Alleys & Drainage Improvements Project. Funding is available from 101-1969-541-68.25 (ARRA Economic Stimulus Fund/Other Improvement/SW 14th Avenue-SW 2"d to SW 1St) 334-3162-541-68.05 (General Construction Fund/Other Improvement/SW 14th Alley Improvement) and 448-5461-538-68.25 (Storm Water Utility Fund/Other Improvement/SW 14th Avenue-SW 2"d to SW lst~ GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL .TUSTICE ASSISTANCE GRANT (.TAG): Approve and accept the Recovery Act Edward Byrne Memorial .Tustice Assistance Grant (.TAG) award in the amount of $289,582.00 which will provide funding to support the Holiday Robbery Task Force,~urchase police vehicles, and repair/reconfigure a donated driving simulator. EXTENSION TO THE MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC.: Approve an extension to the Maintenance and Support Agreement between the City and Motorola, Inc. in the amount of $126,154.08 for Police, Fire, and other City Department's Motorola SmartZone radio system maintenance and to service aging equipment. Funding is available from various accounts. K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY/SEACREST ATHLETIC FACILITY:APprove an Interlocal Agreement between the City and the School Board of Palm Beach County for the Police Department's use of the Seacrest Athletic Facility L. AMENDMENT TO THE LEASE AGREEMENT/METROPCS FLORIDA, LLC.: Approve an Amendment to the Lease Agreement with MetroPCS Florida, LLC., for use of the City's generator as an alternate power source for the MetroPCS antenna on the Police Department radio tower. M• INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding the Clean and Safe Program. N. AGREEMENT/CHILDREN'S SERVICES COUNCIL/BEACON CENTER AT VILLAGE ACADEMY: Approve an annual grant between the City of Delray Beach and Children's Services Council (CSC) in the amount of $792,852.00 and authorize the execution of the required contract agreement for services provided through the Beacon Center at Village Academy for FY 2009-2010. O. SUBRECIPIENT AGREEMENTS/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES & FAMILIES FIRST OF PALM BEACH COUNTY: Approve and authorize the execution of agreements with two ~) sub-recipients (Community Child Care Center d/b/a Achievement Centers for Children and Families and Children's Case Management Organization d/b/a Families First of Palm Beach County) for the Village Academy Beacon Center program for FY 2009-2010, with the total funding in the amount of $844,852.00 from the City and Children's Services Council of Palm Beach County. AMENDMENT NO. 2 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve Amendment No. 2 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. Funding is available from 118-1924- 554-49.20 (Neighborhood Services/Other Current Charges/Homeowner Subsidy). Q. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement between the City and Family Central, Inc., to provide subsidized child care funding for the After School Program. R. RATE AGREEMENT/FAMILY CENTRAL, INC.: Approve a Rate Agreement with Family Central Inc., to provide funding to the City through the Continue-to-Care Afterschool Program from October 1, 2009 through .Tune 30, 2010. S. SERVICE AGREEMENT/PROPERTYROOM.COM, INC.: Approve a Service Agreement with PropertyRoom.com, Inc., an Internet based auctioneer, to provide a complete, full service auction system to inventory and sell abandoned and seized property T. AMENDMENT N0.2 TO THE AGREEMENT/eCIVIS, INC.: Approve Amendment No. 2 to the Agreement between the City and eCivis in the amount of $19,500.00 to renew the contract for one ~) year. Funding will be available from 001-1111-511-31.90 (General Fund/Professional Services/Other Professional Services). U. AMENDMENT NO. 2 TO AGREEMENT WITH COASTAL COMMERCIAL GROUP, LLC.: Approve Amendment No. 2 to the Agreement with Coastal Commercial Groin, LLC, which provides for a five ~) year extension as well as removal of the right of Coastal to terminate the Agreement. V. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for sponsorship of City tennis tournaments. W. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES:APprove Amendment No. 2 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding construction professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 2008/2009. X. AMENDMENT TO THE LICENSE AGREEMENT/TICKETMASTER, LLC.:Approve an amended license agreement with Ticketmaster. LLC. for the sale of tickets for events at the Tennis Stadium. Y. AMENDMENT NO. 1 TO THE CONSULTING AGREEMENT/LANGTON ASSOCIATES, INC./GRANT WRITING SERVICES: Consider Amendment No. 1 to the Consulting Agreement between the City and Langton Associates, Inc. for American Recovery and Reinvestment Act grant writing services. Z. AMENDMENT N0.3 TO AGREEMENT/FLORIDA HIGHWAY PRODUCTS, INC.: Approve and authorize the Mayor to execute Amendment No. 3 to the Agreement with Florida Highway Products Inc. (FHP) in the amount of $178,310.75 for resurfacing of streets related to the installation of the Area 11A Reclaimed Water System. Funding is available from 441-5181-536- 65.96 (Water and Sewer Fund/Other Improvements/ Reclaimed Water Transmission). AA. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 31, 2009 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.60 for the rolling closure of Atlantic Avenue from N.E. 1St Avenue to Veterans Park, staff support for traffic control, security and barricading. AB. SPECIAL EVENT REQUESTS/ART AND .TAZZ ON THE AVENUE/TREE LIGHTING: Approve special event requests to endorse Art and .razz on the Avenue and the Tree Lighting to be held on December 3, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the closure of Atlantic Avenue from Swinton to N.E./S.E. 7th Avenue, to the alley north of Atlantic Avenue on N.E. 1St Avenue, N.E. 2nd Avenue, Railroad Way and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1St Avenue, S.E. 2nd Avenue and S.E. 4th Avenue, to authorize staff support for security traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up, EMS assistance, and use of the large City stage. AC. SPECIAL EVENT REOUEST/HOWARD ALAN 3rd ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Approve a special event request to endorse the 3rd Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00 p.m. on December 26-27, 2009, granting a temporary use permit per LDR Section 2.4.60 for the closure of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff support for traffic control, barricade inspection, fire inspector services and authorize event signage to be installed fourteen (14) days prior to event with the sponsor paying all overtime costs. AD. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 7, 2009 through September 18, 2009. AE. AWARD OF BIDS AND CONTRACTS: 1. Bid award to H & D Construction Co., Inc. in the amount of $479,612.00 for the construction of S.W. 12th Avenue Alleys - Phase I Project. Funding is available from 334-3162-541-68.49 (General Construction Fund/Other Improvement/S.W. 12th/Auburn Alley Improvements) 2. Purchase award to .TCI .lade Communication in the amount of $93,265.24 to supply and install non-public safety fiber optic communication cable from the IT Building through City Hall to the Environmental Services Department building and to A2000 Network Solutions in the amount of $24,130.00 for the purchase of Cisco Catalyst switches for cable connection for the total award amount of $117,395.24. Funding is available from 441-5161-536-63.90 (Water and Sewer Fund/Improvements Other/Other Improvements). REGULAR AGENDA: A. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTION/CVS/PHARMACY:Consideration of an appeal regarding the Site Plan Review and Appearance Board's decision to reduce the number of wall signs proposed for the CVS/pharmacy from four ~) to two ~), pursuant to Land Development Regulation (LDR Section 2.4.7(E), "Appeals". The project is located at 700 N.E. 6th Avenue. (Quasi-Judicial Hearin B. TEMPORARY USE WAIVER REQUEST/H & H FLOORING: Consider a waiver request to expand the list of allowed temporary uses pursuant to Land Development Regulations (LDR) Section 2.4.60, "Temporary Use Permit", to allow temporary outside storage of landscape material at H & H Flooring located at 2004 North Federal Highway. (Quasi-Judicial Hearing C. DELRAY HARBOR CLUB MOORING REQUEST:Consider arequest from Delray Harbor Club for the Commission to grant permission for the mooring of a boat along the Knowles Park side of their northern seawall. D. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate decrease for the annual per foot rate from $21.00 per month to $18.00 per month for the Delray Beach Marina. E. REQUEST/GREEN MARKET RELOCATION:Consider approval of a relocation of the Green Market to be held on October 31, 2009 through May 15, 2010 from 6:00 a.m. to 2:00 p.m. to grant a temporary use permit per (LDR) Section 2.4.60 and closure of S.E. 4th Avenue from just south of the alley, south of Atlantic Avenue to S.E. 1St Street, contingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement. ACTUARIAL SERVICES TO EVALUATE POSSIBLE POLICE AND FIRE PENSION PLAN CHANGES: Consider selection of an actuary to use for a review of potential Police Fire Pension Plan changes. G. REQUEST FOR PROPOSAL (RFP) FOR PROFESSIONAL AUDITING SERVICES: Consider approval to issue an RFP (Request for Proposal) for professional auditing services to review franchise fees and charges by Waste Management for the fiscal year starting October Ol, 2008 through September 30, 2009. H. SELECTION OF NEW DEPUTY VICE MAYOR: Select a new Deputy Vice Mayor to serve until March 25, 2010. COMMISSION LIAISON APPOINTMENTS/SEAT #4: Reassignment of City Commission Seat #4 Liaison Appointments to various Advisory Boards and outside agencies. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 09/10.(ADDENDUM~ 10. PUBLIC HEARINGS: A. RESOLUTION NO. 47-09 (FINAL MILEAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2010. B. RESOLUTION NO. 48-09 (FINAL MILEAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2010. C. RESOLUTION N0.49-09 (FINAL BUDGET ADOPTION FOR FY 2010): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2009 through September 30, 2010. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding regarding consistency of the proposed Five Year Capital Improvement Plan and FY 2010 Capital Improvement Budget with the Comprehensive Plan, and approve same. D• RESOLUTION NO. 42-09/ACQUISITION OF PROPERTY/706 S.W. 2ND STREET: Consider approval of Resolution No. 42-09 authorizing the City to purchase property located at 706 S.W. 2nd Street. Funding is available from 118-1934-554-62.10 (Neighborhood Services/Capital Outlay/Building). (STAFF REQUESTED THIS ITEM BE POSTPONED E. ORDINANCE N0.45-09: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for decreased residential and commercial collection service rates for FY 2010. ORDINANCE NO. 46-09: Consider a city initiated amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to provide for the meter fee charged and listing the parking lots affected, and by enacting Subsection 71.065, "Parking Garages", to provide for the regulation of public parking_garages. 1. RESOLUTION NO. 50-09: Consider adoption of Resolution No. 50-09 which establishes certain rules, regulations and fees to govern the Federspiel and Old School Square parking garages. G. ORDINANCE NO 47-09: Consider acity-initiated amendment to Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement for Boat Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. H. ORDINANCE NO. 48-09: Consider acity-initiated amendment to Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.02, "Permit Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to $60 per unit effective October 1, 2009. I. ORDINANCE NO. 49-09: Consider acity-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.66. "Emergency Medical Transportation Fees", Subsection 96.66(A~, to adjust the fee schedule for emergency medical transportation in accordance with the National Ambulance Fee Schedule. J. ORDINANCE NO. 39-09: Consider aprivately-initiated amendment to Land Development Regulations (LDR) Section 4.3.4., "Base District Development Standards", Subsection (H~(6), "Special Setbacks", to modify the area where the thirty-foot special combination setback must be provided. 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. ORDINANCE N0.55-09: Consider acity-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by enacting Section 96.11. "Fire Safety Community Education", to provide for fees for Fire Safety Community Education. If passed, a public hearing will be scheduled for October 6, 2009. (ADDENDUM 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B . City Attorney C. City Commission WORKSHOP MEETING September 8, 2009 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order b~~ Ma~~or Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:24 p.m., on Tuesday, September 8, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Ma~~or Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager R. Brian Shutt, CitS~ Attorne~~ Chevelle D. Nubin, CitS~ Clerk Ma~~or Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items: WORKSHOP AGENDA 1. Status Report on FY 2010 Budget Mr. David T. Harden, City Manager, presented the item stating the proposed budget is balanced at the 7.38 millage rate. He discussed various scenarios regarding different millage rates from 7.38; to go below 7.38 mils would require reductions in emplo~~ee expenses. Mr. Harden reported the number of positions and FTE's that were removed from last ~~ear's budget as well as this ~~ear's budget. He reviewed the 2010 budget adjustments as agreed upon b~~ consensus of the Commission at the August 25, 2009 meeting. Some of the adjustments represent cuts in services. Commission decided to review the list again. Upon their review, Commission asked questions regarding fire inspectors for special events, traffic barricading for special events, the Downtown shuttle bus and parking garages. It was the consensus of Commission that the~~ were satisfied with cuts that the~~ had previousl~~ made to the 8/25/09 city functions list; however, the~~ will look for other alternatives for revenue and additional cuts will be made. 2. Other FY 2010 Budget Issues Mr. Harden stated he had additional information for items the~~ had asked questions on; one being banner hanging and maintenance. He reviewed a detailed chart that showed special events for which banners are hung, the number of banners and labor hours involved in each one. Discussion ensued between staff and Commission regarding banners, special event contracts and sponsorships; as well as electricians for special events. It was the Consensus of the Commission to reduce this item more. Mayor McDuffie adjourned the Workshop Meeting at 7:28 p.m. CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the CitS~ of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the CitS~ Commission held on Tuesday, September 8, 2009, which Minutes were formally approved and adopted by the CitS~ Commission on September 22, 2009. CitS~ 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 CitS~ Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 09/08/2009 SEPTEMBER 10, 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., Thursday, September 10, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.A., Request for Sidewalk Deferral/1028 Vista Del Mar Drive of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item 8.H., Change Order No. 1/Weekley Asphalt of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mayor McDuffie stated that Item 8.R., Grant Award/Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) of the Consent Agenda and Item 9.B., Appeal/Site Plan Review Appearance Board Action/CVS/Pharmacy, of the Regular Agenda have been removed. Also, Mayor McDuffie stated there is additional information for Item 10.A., Resolution No. 37-09 (Tentative Millage Levyl and noted the addition of Item 12.F., Ordinance No. 49-09 by addendum. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 09/ 10/09 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of August 18, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of August 25, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop Meeting of September 1, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing Boys and Girls Club Day for Kids Mayor McDuffie read and presented a proclamation hereby proclaiming September 12, 2009 as Boys and Girls Club Day for Kids in the City of Delray Beach, and urged all citizens to join in recognizing and commending the Boys and Girls Club Day for Kids Honor Roll organizations in our area for providing their everyday contributions and commitment to improving the lives of the children and young adults in our communities. Mary Leavenworth came forward to accept the proclamation and stated that they had a successful and wonderful year. She thanked the City staff and the City Commission for the proclamation. 7. PRESENTATIONS: 7.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA. 8.B. ACCEPTANCE OF RIGHT-OF-WAY DEED, SIDEWALK EASEMENT AND SIDEWALK DEFERRAL/1023 NASSAU STREET: Approve and accept aright-of--way deed, sidewalk easement and sidewalk deferral agreement for the property located at 1023 Nassau Street. 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/CARVER SQUARE POCKET PARK: Approve and accept aright-of--way deed with the Community Redevelopment Agency associated with the Carver Square Pocket Park, located at the northeast corner of S.W. 3rd Street and S.W. 7m Avenue. 2 09/ 10/09 8.D. ACCEPTANCE OF RIGHT-OF-WAY DEED/WEST ATLANTIC PUBLIC PLAZA: Acceptance of aright-of--way deed associated with the West Atlantic Public Plaza, located at the southwest corner of West Atlantic Avenue and S.W. 5th Avenue. 8.E. GRANT APPLICATION/DEPARTMENT OF TRANSPORTATION (DOT)/TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY (TIGER): Authorize staff to submit a grant application to the U.S. Department of Transportation for the Transportation Investment Generating Economic Recovery (TIGER) grant under the American Recovery and Reinvestment Act (ARRA) for the US 1 and the MLK Drive Beautification projects and approve submittal of a letter indicating that the City will abide by Federal wage rates. 8.F. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/JOINT PARTICIPATION AGREEMENTBUS SHELTERS: Approve and authorize the execution of a Joint Participation Agreement (7PA) with the Florida Department of Transportation (FDOT) to reimburse 50% of the $200,000.00 costs related to the installation of twelve (12) bus shelters in various locations throughout the City. Funding is available from 334-3162-544-65.70 (General Construction Fund/Other Improvements/Transit Stop Bus Shelters). 8.G. AMENDMENT NO. 1 TO THE AGREEMENT/H & D CONSTRUCTION CO., INC.: Approve Amendment No. 1 to the Construction Contract with H & D Construction Co., Inc. for compliance with additional provisions as required by the Community Development Block Grant-Recovery ARRA Federal Economic Stimulus Grant for the construction of S.W. 14th Avenue Roadway, Alleys, & Drainage Improvements Project. Funding is available from 101-1969-541-68.25 (ARRA Economic Stimulus FD/Other Improvement/S.W. 14th Avenue-S.W. 2"d to S.W. 1st Street) and 334-3162-541-68.05 (General Construction Fund/Other Improvement/S.W. 14th Alley Improvement). 8.H. THIS ITEM HAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.I. CONTRACT ADDITION (C.O. NO. 1)/DOWNRITE ENGINEERING CORP.: Approve Contract Addition (Change Order No. 1) to Downrite Engineering Corp. for additional work consisting of the installation of a 6" PVC Water Main along Luke Lane for Area 11A Reclaimed Water System (Contract 3) Project. Funding is available from the current contract Undefined Underground Allowance; therefore, no additional funding is needed. 8.J. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/CLOSE CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of an $80,000.00 decrease and final payment in the amount of $27,676.35 to Close Construction, Inc. for the completion of the Area 11A Reclaimed Water In-Line Booster Pump Station (Contract 1) project. Funding is available from 441-5181-536- 65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 3 09/ 10/09 8.K CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/INTERCOUNTY ENGINEERING, INC.: Approve Contract Closeout (Change Order No. 2/Final) in the amount of a $16,678.84 decrease and final payment in the amount of $25,071.01 to Intercounty Engineering, Inc. for the completion of the Area 11A Reclaimed Water System (Contract 2). Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 8.L. HOLD HARMLESS AGREEMENTBRYCE NEWELL: Approve and authorize a Hold Harmless Agreement between the City and property owner Bryce Newell for the installation of removable fence within the public-right-of--way for the property located at 103 N.W. 3rd Avenue. 8.M. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT/EASEMENT AGREEMENT/OLD SCHOOL SQUARE PARK: Approve a Temporary Construction Easement Agreement and an Easement Agreement for the improvement of certain areas located at the south end of the Old School Square park area and the placement of landscaping in certain areas. 8.N. AMENDMENT NO. 2 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No. 2 to the agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) Program to complete twenty-four (24) housing rehabilitation projects for income-eligible residents who suffered damages from Hurricane Wilma, extending the deadline for completion to February 15, 2010. 8.0. INTERLOCAL AGREEMENT/SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: Approve an Interlocal Agreement between the City and Solid Waste Authority of Palm Beach County for the delivery of municipal solid waste to designated facilities and for a municipal revenue-sharing recycling program. 8.P. MEMORANDUM OF UNDERSTANDING/STATE HOMELAND SECURITY GRANT: Approve a Memorandum of Understanding with the Florida Department of Financial Services; and accept the 2008-2009 Domestic Preparedness Grant from the State Homeland Security Grant Program in the amount of $54,885.00 for sustainment and maintenance of equipment. GRANT AWARD/DEPARTMENT OF JUSTICE/COPS HIRING RECOVERY PROGRAM (CHRP): Accept a grant award from the Department of Justice for the COPS Hiring Recovery Program in the amount of $1,360,164.00 to fund six (6) sworn police officer positions for three (3) years. 8.R THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8_S. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR FY 2009: Approve and accept an award of funding in the amount of $70,375.00 through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program's 2009 annual solicitation 4 09/ 10/09 (CFDA# 16.738) to support the salary of an officer to staff the Department's Criminal Justice Academy at Atlantic High School. 8.T. RESOLUTION NO. 40-09 BUDGET AMENDMENT: Consider approval of Resolution No. 40-09 amending Resolution No. 44-08 adopted September 16, 2008, and Resolution No. 26-09 adopted June 16, 2009 and Resolution No. 35-09 adopted August 18, 2009 which made appropriations for necessary expenditures of the City for the FY 2008/2009, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 2008/2009. The caption of Resolution No. 40-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-08 ADOPTED SEPTEMBER 16, 2008, RESOLUTION 26-09 ADOPTED JUNE 16, 2009 AND RESOLUTION NO. 35-09 ADOPTED AUGUST 18, 2009, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2008/2009, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2008/2009; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 40-09 is on file in the City Clerk's office.) 8.U. AMENDMENT NO. 1 TO THE AGREEMENT WITH GOVDEALS, INC.: Approve Amendment No. 1 to the Agreement with GovDeals, Inc. to include Fire Department equipment and Environmental Services Department fleet vehicles to be sold by the GovDeals.com Internet site. 8.V. RATIFICATION OF APPOINTMENTS TO THE PARHING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mr. Herman Stevens, Community Redevelopment Agency Representative; and Mr. Joseph Pike and Ms. Deborah Dowd, Planning and Zoning Board Representative and Alternate Representative, for terms ending July 31, 2011, and July 31, 2010. 8.W. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/VERIZON WIRELESS: Approve Amendment No. 1 to the Lease Agreement with Verizon Wireless for use of the City's generator as an alternate power source for the Verizon antenna on the Police Department radio tower. 8.X. ADDITIONAL FUNDING/HOMETOWN CONNECTION NEWSLETTER: Approve and authorize additional funding in the amount of $1,500.00 09/ 10/09 to CM Graphics to support the cost of printing and mailing the final edition of the Hometown Connection Newsletter for FY 2008-2009. Funding is available from 001- 1316-512-47.10 (General Fund/Printing & Binding/Printing/Binding Services). 8.Y. SPECIAL EVENT REQUEST/10~1~H ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the lOt Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 28-29, 2009 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, to utilize the City Hall parking lot for vendor parking and to authorize staff support for traffic control, security, and Fire Inspector with the sponsor paying all overtime costs. 8.Z. RESOLUTION NO. 41-09: Approve and adopt Resolution No. 41-09 to request the Governor and Florida Legislature to provide appropriate emphasis in legislation and to fund research and infrastructure installation that will lead to and provide for a permanent solution to beach erosion. The caption of Resolution No. 41-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND THE FLORIDA LEGISLATURE IN ORDER TO PROVIDE ADEQUATE FUNDING AND STRONGER LEGISLATION DIRECTED TOWARD SOLUTIONS FOR THE ENORMOUS PROBLEM OF BEACH EROSION WITHIN THE STATE OF FLORIDA; PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 41-09 is on file in the City Clerk's 8.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 17, 2009 through September 4, 2009. 8.A.B. AWARD OF BIDS AND CONTRACTS: 1. Contract Award to Associated Consulting Professionals in the amount of $350.00 maximum per unit for lead based paint testing and/or risk assessments as needed by households built prior to 1978 participating in the City's housing rehabilitation program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation) and 118- 1963-554-49.19(Neighborhood Services/Other Current 6 09/ 10/09 Charges/Housing Rehabilitation). 2. Contract Award to Tidwell Plumbing, Inc. in the amount of $18,000.00 for the installation of a Peristaltic Pump and twelve (12) remote pumping centers at the Municipal Marina. Funding is available from 426-4311-575-64.90 (City Marina Fund/Machinery/Equipment/Other Machinery Equipment). 3. Purchase award to Florida Bullet, Inc. in the amount of $68,384.25 for the purchase of ammunition. Funding is available from 001- 2111-521-52.20 (General Fund/Operating Supplies/General Operation Supplies) 001-2115-521-52.19 (General Fund/Operating Supplies/SWAT Expenditures). 4. Purchase Award to Mainline Supply Co. in the amount of $32,298.91 for various piping materials to be installed by the City's in-house construction crew for the S.W. 6m Street Water Main Improvements. Funding is available from 442-5178-536- 68.51 (Water/Sewer Renewal & Replacement Fund/Other Improvements/Water Main-S.W. 6m Avenue). Mr. Eliopoulos moved t seconded by Mr. Fetzer. Upon roll Eliopoulos -Yes; Mr. Fetzer -Yes; M motion passed with a 4 to 0 vote. o approve the Consent Agenda as amended, call the Commission voted as follows: Mr. r. Frankel -Yes; Mayor McDuffie -Yes. Said 9. REGULAR AGENDA: 9.A.A.A. REQUEST FOR SIDEWALK DEFERRAL/1028 VISTA DEL MAR DRIVE: Approve a request to defer the installation of a sidewalk along Vista Del Mar Drive for the property located at 1028 Vista Del Mar Drive. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Richard Hasko, Director of Environmental Services, stated this item is a request for a sidewalk deferral at 1028 Vista Del Mar. Mr. Hasko stated this is a fairly routine request in that area and noted that there are no sidewalks in that entire neighborhood. Mr. Fetzer moved to approve the request for sidewalk deferral for the property located at 1028 Vista Del Mar Drive, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. 7 09/ 10/09 9.A.A.A. CHANGE ORDER NO. 1/WEEKL,EY ASPHALT: Approve Change Order No. 1 in the amount of $25,968.50 to Weekley Asphalt Paving, Inc. for additional work requiring milling and overlaying for the Atlantic Avenue Narrowing Project. Funding will be provided by the Community Redevelopment Agency and is available in 334-4141-572-68.17 (General Construction Fund/Other Improvement/Gateway Miniparks @ I-95). Mr. Eliopoulos pointed out Exhibit "A" the proposal and/or scope for Change Order No. 1 from Weekley Asphalt Paving, Inc. and noted it states "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." Mr. Eliopoulos stated he hopes this is a standard thing and it gets removed and that this is the change order. Richard Hasko, Director of Environmental Services, stated this is the change order and that is a stereotypical statement on a change order blank form. Mr. Hasko stated it is also a typical method when you come to the end of a construction project. He stated even the initial quantities and the change order quantities are based on measured estimates off the plan. Mr. Hasko stated the final quantities are always measured in the field. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.H.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.A. WAIVER REQUESTS/PINEAPPLE GROVE LIMITED: Consider two (2) waiver requests associated with the Class IV site plan modification for Pineapple Grove Limited located on the north side of N.E. 1st Street between Pineapple Grove Way and N.E. 1st Avenue. (Quasi-Judicial Hearing) Commissioner Eliopoulos declared a conflict of interest for this item because he is the architect for the developer on another project and stepped down from the dais (for Item 9.A. and Item 9.C.). Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Fetzer, Mr. Frankel, and Mayor McDuffie had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-078 into the record. 8 09/ 10/09 Mr. Dorling stated this request is for two waivers; one to the required site visibility triangle contained in LDR Section 4.6.14(A)(2) and the other to a requirement for a minimum transparency of glass along the elevation of a building within the downtown area to be 75% contained in LDR Section 4.6.18(14)(iv)(2). These waivers are for a project know as Pineapple Grove Limited and the proposal includes a mixed use development of a hotel and an office building containing 119 hotel rooms, 2,322 square feet of retail floor area, 4,356 square feet of restaurant floor area, 33,350 square feet of office floor area, and one single family residence. The request is that the reduction goes down to 20 feet. At its meeting of August 19, 2009, the Historic Preservation Board (HPB) approved the Class IV site plan modification for the Pineapple Grove Limited development and recommended approval of the two waivers. Mr. Dorling stated the transparency issue is a requirement for the office building because the parcel fits in the overlay district which requires that minimum transparency is 75% and they have proposed 60%. The HPB considered that and considered the proposal more consistent with that district. Mr. Dorling stated that would require 75% of this elevation to be glass and staff believes both of these waivers are appropriate at this time. Paul Slatterv, Slatterv & Associates (Architects for the proiect) stated he and Louis Carbone (developer) are here to answer any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 9.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.C. REQUEST FOR IN-LIEU PARKING SPACES/PINEAPPLE GROVE LTD: Consider a request from Pineapple Grove Ltd, for the purchase of four (4) in-lieu parking spaces in the amount of $31,200.00. Pineapple Grove Ltd is located at the intersection of N.E. 1st Street between N.E. 1st and N.E. 2"d Avenues. (Quasi-Judicial 9 09/ 10/09 Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Scott Aronson, Parking Management Specialist, stated Pineapple Grove Limited is a 119 room hotel containing 1,000 square feet of meeting room, 4,356 square feet of restaurant, and a 33,350 square foot office building is proposed adjacent to N.E. 1st Avenue. Mr. Aronson stated LDR Section 4.4.13(G) requires the provision of 0.7 spaces per hotel room and 1 space per 300 square feet of total floor area for the ancillary uses in the hotel. The 33,350 square foot office building requires 1 space per 300 square feet of net floor area which excludes common area elements (i.e. stairwells, public restrooms, machine rooms, etc.). The applicant will be using LDR Section 4.6.9(C)(8)(b) which allows use of the shared parking matrix thereby reducing the 199 space requirement to 173. Mr. Aronson stated they also have a land credit where the owner of the property formerly owned the Good Will building and that section of the code allows for a credit of the vested parking when a property is purchased by a governmental agency for a park or parking purposes. He stated they are providing 129 spaces onsite and will be requesting the purchase of in-lieu of parking spaces for the in-lieu of parking where an adequate right-of--way exists adjacent to the property. The applicant gets credit for'/z of space for every space constructed on-street around the property. Mr. Aronson stated the applicant will be constructing 20 parking spaces on the perimeter of the property which gives them a ten space credit so they are now required to provide 134 spaces and they are providing 129 resulting in a four space in-lieu. The four spaces require a payment of $7,800.00 each totaling $31,200.00. The owner has opted to pay an in-lieu of parking fee payment agreement with this approval which requires a 50% payment upon signing the agreement and two subsequent payments of 25% on the second and third anniversaries. Staff feels the applicant meets the criteria of the Comprehensive Plan of the Future Land Use Element which suggests that accommodating parking meets through innovative actions. The subject property is located directly across from the Old School Square Garage. The Downtown Development Authority (DDA), the Community Redevelopment Agency (CRA), Pineapple Grove Main Street Board (PGMB), Historic Preservation Board (HPB) and Parking Management Advisory Board (PMAB) at their respective meetings all recommended approval of the development proposal. Paul Slatterv, Slatterv & Associates (Architects for the proiect) stated he and Louis Carbone (developer) are here to answer any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. 10 09/ 10/09 There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. to the dais. At this point, the time being 6:29 p.m., Commissioner Eliopoulos returned 9.D. FY 2010 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed maximum rates for the Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated Commission is requested to consider the proposed maximum rates for the Tennis Facilities for fiscal year 2009-2010. Mr. Barcinski stated as previously agreed, special rates for Highland Beach residents have been removed. All proposed rate increases are based on market conditions. Due to loss of members, member complaints from the Customer Satisfaction surveys about high rates and loss of play time due to events and since we are one of the highest cost facilities, no increase is recommended for memberships. Staff also recommends not increasing lesson fees, due to current economic conditions. Mr. Barcinski stated Sharon Painter is present for any questions the Commission may have. Mr. Frankel moved to approve the proposed maximum rates for fiscal year 2009-2010 for the Tennis Facilities, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.E. FY 2010 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed maximum rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated Commission is requested to consider the proposed maximum rates for the Lakeview Golf Course for fiscal year 2009-2010. Mr. Barcinski stated these fees did not change and is in line with other comparable courses. He stated this course is very price sensitive. Mr. Barcinski stated the maximum rates would be the highest rate that would be charged and based on market conditions the City often promotes specials at rates lower than maximum. Mr. Barcinski stated Sharon Painter is present for any questions the Commission may have. Mr. Eliopoulos moved to approve the proposed maximum rates for fiscal year 2009-2010 for the Lakeview Golf Course, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 11 09/ 10/09 9.F. FY 2010 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Consider approval of the proposed maximum rates for the Delray Beach Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated Commission is requested to consider the proposed maximum rates for the Delray Beach Municipal Golf Course for fiscal year 2009-2010. Mr. Barcinski stated no fee increases are proposed for daily round rates, except for the weekend premium rate and the 18 hole off-season rate, which will each go up $1.00 per round. Rate changes are recommended for permit holders who will now be able to also play the Lakeview course for a reduced fee. These rates are proposed based on market conditions. Mr. Barcinski stated Sharon Painter is present for any questions the Commission may have. Mr. Frankel moved to approve the proposed maximum rates for fiscal year 2009-2010 for the Delray Beach Municipal Golf Course, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. The City Manager stated with regard to the tennis rates, he did not see anything about the court reservation fee that was discussed at the Workshop. Mr. Barcinski stated this was not a fee. He stated what staff would do is hold back a court that members would not pay on and that would be open to daily plays especially to tourists. 9.G. GOVERNMENT SERVICES GROUP, INC./FIRE SERVICE ASSESSMENT: Consider a proposal from Government Services Group, Inc. to conduct the necessary study to establish the legal basis for a Fire Service Assessment. Joseph Safford, Finance Director, stated the City Commission addressed the fact that they may want to develop a fire assessment service fee. Mr. Safford stated although this cannot be put into place for this upcoming budget, there are certain things that have to be done prior to December 31st on a legal basis for the City to implement it the following fiscal year (2010-2011). The cost for Phase One is a lump sum fee of $50,000.00 while the cost of Phase Two is a lump sum fee of $15,000.00. Mr. Safford stated Government Services Group, Inc. has done most of the fire service assessment fees in the State and they would execute Phase One and accomplish these items by January 1st. He stated this is anon-budgeted item so if the Commission wishes to institute a fire assessment fee, this is the study they would have to prepare in order to prepare the assessment roll. The City Manager stated it is very important that the Commission do a thorough study to support whatever fees they may choose to impose in the future. He stated it is important that this be done right and that we have the proper legal basis if the Commission chooses to go forward with it. Staff recommends approval so that the City can have the option next year. Brief discussion between the staff and the Commission followed. 12 09/ 10/09 After brief discussion, the City Manager suggested that the City invite representatives of the consultant to attend the Workshop meeting of September 15, 2009 to address the concerns of the Commission. Mr. Eliopoulos moved to table this item, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.H. BID PROTESTBID AWARD/JOHNSON DAMS, INC.: Consider a bid protest from David Foote Environmental Construction, Inc. and consider a bid award to Johnson Davis, Inc. in the amount of $422,175.00 for Osceola Park Improvements. Funding is available from 442-5178-536-65.85 (Water & Sewer Renewal and Replacement Fund/Other Improvements/Osceola Park) and 448-5461-538-65.85 (Storm Water Utility Fund/Other Improvements/Osceola Park). (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Richard Hasko, Director of Environmental Services, entered the Environmental Services Department project file #2004-003 into the record. Mr. Hasko stated this item is a request to deny a bid protest for the first phase construction of the Osceola Park Infrastructure Project and award the construction project to the second low bidder. The bid opening was held on July 2, 2009 and bids were received from 16 contractors. The apparent low bidder was David Foote Environmental Construction with a bid amount of $409,263.40 and the second low bidder was Johnson-Davis, Inc. with a bid amount of $422,175.00. 1VIr. Hasko stated staff discovered a discrepancy in the David Foote Environmental Construction bid and their mobilization demobilization line item in their bid was about 7 1/2 % of their total bid and that value in the bid documents and specifications is required to not exceed 5% of their total bid. He stated on that basis staff considered their bid non-responsive and recommended the award to the second bidder. Mr. Hasko stated some of the concerns staff had with David Foote Environmental Construction is the fact that they are a west coast firm and although the references were good they were virtually all west coast references (i.e. Fort Myers, Naples, etc.). Staff asked for references on the east coast and they supplied references for three other projects (Fort Lauderdale, Hollywood, and Plantation). Mr. Hasko stated when staff contacted those municipalities those three projects were in the same stage as this one; they were either newly awarded contracts or David Foot Environmental Construction was the low bidder. He stated staff was concerned that they were going to try and tackle 4 sizable projects in this area simultaneously. Mr. Hasko stated the City's concern is their ability to dedicate adequate resources for our project, to maintain the schedule and knowledge of the local area, and things associated with that. Mr. Hasko stated the bid for Johnson-Davis, Inc. was responsive and is a reputable local contractor that has been around for many years and the City has had much success with them on major projects. In addition, Mr. Hasko stated Johnson-Davis, Inc. is a reputable local contractor that has been around for many years 13 09/ 10/09 and the City has had much success with them on major projects and they are very responsive to the neighborhoods as they are doing the work. Mayor McDuffie asked if anyone from the public would like to speak in favor or in opposition of the bid protest, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order (denying the bid protest) as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to approve the bid award to Johnson Davis, Inc. in the amount of $422,175.00 for Osceola Park Improvements, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9_I. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF COMMISSIONER BERNARD: Appoint a person to fill the unexpired term of Commissioner Bernard (Seat #4) until the March 9, 2010 Municipal Election. Mayor McDuffie asked everyone to mark their selection on the ballot, sign and date it and then pass the ballot to the City Attorney. Mr. Eliopoulos thanked all the applicants who applied for this position. Mr. Frankel thanked all the applicants for their willingness to participate and stated all five were very qualified. He stated he hopes the applicants who are not chosen will stay involved and help make Delray Beach a better place. Mr. Fetzer thanked all the applicants who applied for this position. Mayor McDuffie stated he too had the privilege of speaking to five people who stepped up to volunteer to do this job. He stated this is not a job to be taken lightly and is something that requires a lot of time. Mayor McDuffie thanked all five applicants for taking the time to interview with him and stated they were all astute, articulate, and well qualified people. 14 09/ 10/09 Mayor McDuffie stated former Commissioner Mackenson Bernard who left this seat is now State Representative Mackenson Bernard. Mayor McDuffie congratulated Mackenson Bernard on his election to the House of Representatives to the State of Florida. Brian Shutt, City Attorney announced that the ballots have been tallied and Angeleta Gray has received four (4) votes. Mr. Eliopoulos stated he has had the opportunity to see Angeleta Gray work on the CRA over the last few years and has seen her passion for the City. He stated Ms. Gray is also a successful businesswoman and admires her contributions to the Spady Museum, etc. Mr. Eliopoulos stated this is an appropriate choice and that she is very involved in Delray Beach and extended his congratulations to Ms. Gray. Mr. Fetzer congratulated Ms. Gray. Mr. Frankel welcomed Ms. Gray and stated she is dedicated to the City, the CRA, and the residents of Delray Beach. Mayor McDuffie congratulated Ms. Gray and stated she has served the City well in many capacities and looks forward to having her be a part of the Commission. He noted that Ms. Gray's first meeting will be the final budget hearing (Tuesday, September 22, 2009). 9.J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board for an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Darla Sernoff as a regular member to the Historic Preservation Board for an unexpired term ending August 31, 2010. Mr. Fetzer so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) student member to the Police Advisory Board to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Brittany Smith as a student member to the Police Advisory Board to serve an unexpired term ending July 31, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 15 09/ 10/09 At this point, the time being 6:52 p.m., the Commission moved to the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 39-09: Consider aprivately-initiated amendment to Land Development Regulations (LDR) Section 4.3.4., "Base District Development Standards", Subsection (H), "Setbacks", Subsection (6), "Special Setbacks", to modify the area where the thirty-foot special combination setback must be provided. If passed, a second public hearing will be held on September 22, 2009. The caption of Ordinance No. 39-09 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, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H), "SETBACKS", SUB-SUBSECTION (6), "SPECIAL SETBACKS" TO MODIFY THE AREA WHERE THE THIRTY FOOT SPECIAL COMBINATION SETBACK MUST BE PROVIDED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated text amendment to LDR Section 4.3.4(H)(6)(c) which is a combination building and landscape setback for the building with a minimum 10 foot special landscaped area along S.W. 10th Street from 6th Avenue to Military Trail Mr. Dorling stated staff received an application for the TD Bank and in their submission they did provide the 10 foot landscape setback but they set the building back 14 feet and that was identified as a shortcoming on their site plan. He stated to resolve that they initiated an amendment of this setback Mr. Dorling stated normally this method of achieving compliance with the code would neither be encouraged nor normally supported, however, in this particular case staff believes it has merit. Staff recommends approval as presented. At its meeting of August 17, 2009, the Planning and Zoning Board considered this text amendment and recommended approval. Scott Backman, Attorney representing TD Bank, stated he is present for any questions the Commission may have. 16 09/ 10/09 Mr. Fetzer moved to approve Ordinance No. 39-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 45-09: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for decreased residential and commercial collection service rates for FY 2010. If passed, a public hearing will be scheduled for September 22, 2009. The caption of Ordinance No. 45-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR DECREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the City's franchise agreement with Waste Management has a provision in it which requires an adjustment of the rates based on the average fuel cost for the year. He stated fuel costs have gone down this year compared to last year and the result is a 2% reduction in charges for all of our residential and commercial collection. The City Manager stated those changes in rates are incorporated in the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 45-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 46-09: Consider a city initiated amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to provide for the meter fee charged and listing the parking lots affected; and by enacting Subsection 71.065, "Parking Garages", to provide for the regulation of public parking garages. If passed, a public hearing will be scheduled for September 22, 2009. 17 09/ 10/09 The caption of Ordinance No. 46-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR THE METER FEE CHARGED AND LISTING THE PARKING LOTS AFFECTED; AND BY ENACTING SUBSECTION 71.065, "PARKING GARAGES", TO PROVIDE FOR THE REGULATION OF PUBLIC PARKING GARAGES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Scott Aronson, Parking Management Specialist, stated the ordinance increases the prices for on-street parking east of the Intracoastal from $1.00 per hour to $1.25 per hour and it allows the City to charge fees for the parking garages and establish rules and regulations by resolution. Mr. Eliopoulos asked at what point staff will look at those garages and how would we proceed with a fee. The City Manager stated he expects to bring a resolution on September 22, 2009 and the fees would be in place October 1, 2009. Mr. Eliopoulos moved to approve Ordinance No. 46-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 47-09: Consider acity-initiated amendment to Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement for Boat Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. If passed, a public hearing will be scheduled for September 22, 2009. The caption of Ordinance No. 47-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.32, "LICENSE 18 09/ 10/09 AGREEMENT FOR BOAT DOCKAGE", AND SECTION 92.33, "DOCKAGE RATES AND FEES", TO CLARIFY CERTAIN LANGUAGE IN THE LICENSE AGREEMENT AND TO MODIFY CERTAIN RATE STRUCTURES, PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 47-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Linda Karch, Director of Parks and Recreation, stated this ordinance amends the annual expiration date for marina license agreements from September 30m of each year to the expiration date set forth in the license agreement. The ordinance also removes the minimum charge for dockage, which had been the fee fora 35-foot boat. These modifications are necessary to proceed with the proposal to change the rates at the City Municipal Marina. Mr. Frankel moved to approve Ordinance No. 47-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 48-09: Consider acity-initiated amendment to Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.02, "Permit Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to $60 per unit effective October 1, 2009. If passed, a public hearing will be scheduled for September 22, 2009. The caption of Ordinance No. 48-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-09 is on file in the City Clerk's 19 09/ 10/09 The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated this ordinance is to propose increasing the fee and the effective date of the fee will be October 1, 2009. Mr. Fetzer asked if staff has instituted any better enforcement procedures for this. Mrs. Butler stated the City has a 90% collection rate on an annual basis. In addition, she stated staff applies a triple fee if that fee is not paid within 90 days and anything extending beyond that process goes to the Code Enforcement Board. Mr. Eliopoulos moved to approve Ordinance No. 48-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 12.F. ORDINANCE NO. 49-09: Consider acity-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.66. "Emergency Medical Transportation Fees", Subsection 96.66(A), to adjust the fee schedule for emergency medical transportation in accordance with the national ambulance fee schedule. The caption of Ordinance No. 49-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66 "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. David James, Fire Chief, stated these fees are annual based upon review of comparable cities and staff recommends a reasonable increase. 20 09/ 10/09 Mayor McDuffie asked if these are typical for what the insurance carriers are able to handle in fees for transportation. Chief James stated this is correct. Mr. Frankel moved to approve Ordinance No. 49-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 37-09 (TENTATIVE MILEAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2010. The caption of Resolution No. 37-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DERLAY BEACH, TO TENTATNELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATNELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 37-09 is on file in the City Clerk's The City Attorney read the caption of the resolution. 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 Manager stated the budget he initially presented to the Commission called for a tax rate of 7.65 mills which is the adjusted roll back rate that is it is the roll back rate adjusted for growth and personal income. However, the City Manager stated the Commission was not willing to increase the millage to that extent and set the proposed millage at 7.38 which is the unadjusted roll back rate. The City Manager stated he already cut departmental requests by $2 million and the requests were conservative this year because the City knew what kind of budget year they were facing. He stated this reduced millage required another $1.8 million in budget cuts and revenue increases. The City Manager stated at 7.38 mills the City will collect less real estate 21 09/ 10/09 taxes than they are collecting in the current year and although the tax rate is proposed to increase the actual taxes levied will go down. He stated a maj ority of the property owners in the city would actually see their property taxes decrease even at 7.38 mills. The City Manager stated in the city there are approximately 32,279 parcels of real estate and 18,368 parcels would experience no increase or a tax reduction from 2008 (57% at the 7.38 mills). The City Manager stated staff has worked together with the City Commission over several work sessions going through a list of different functions and services the city provides to come up with further reductions in the cities expenses. The City Commission has approved a list of reductions totaling $3,272,486.00 and has approved fee increases that should generate another $800,000.00. The City Manager stated between last year and this year the City has cut funding from the budget for 51 full time positions and for part-time positions equating to a little over 6 full-time equivalent positions. Staff has worked very hard in numerous areas to reduce City expenses (i.e. in the Police department in 2007 for the first 11 months of the year their overtime cost was $1,466,000.00, in 2008 it was $1,335,000.00 and this year it is $1,027,000.00. In discussions with the Commission, the Commission has indicated they desire to go down to at least 7.0 mills. The City Manager stated there would either have to be some drastic reductions in city services or reduce our personnel costs by approximately $2 million. The City Manager stated the Commission will determine the tentative millage this evening and noted they can reduce it further on September 22, 2009 but they cannot increase after this evening. Mayor McDuffie declared the public hearing open. Jim Smith, 1225 South Ocean Boulevard, Delrav Beach, thanked the Mayor and the City Commission for all the hard work and time they put into the budget exercise. Mr. Smith stated the City Commission has acted on all the budget task force recommendations and have made some hard choices and reduced expenditures considerably. He stated when you are in a private business and you are in a recession it is easy to cut back but when you are in City government you have the same services requirement every day (i.e. garbage pickup and streets to clean) and no volume related reductions possible. Mr. Smith stated people are actually asking for more services and the Police Department may have to make more calls in a recession. He stated many people use free entertainment from the City by going to community centers, going to the library, checking out more books, getting more tapes. Mr. Smith feels the argument could be made that there should really be more expenditures not less expenditures in a recession in a city than private industry. Mr. Smith stated the City of Delray Beach invested money in the quality of life improvements for the city (i.e. parking garage, more parks, community centers, fixed up the pools, new soccer complex, etc.). He stated there are operating costs that come along with that for example paying to get the garage cleaned and maintain the parks, etc. Mr. Smith urged the City Commission to be careful when making the budget cuts to not cut every penny. Karen Schell, Pension Administrator for the City of Delrav Beach, briefly explained that in the last several years the General employees have been losing benefits of one sort or another. First, the 1% to the ICMA and employees still question 22 09/ 10/09 why the 3% ICMA match for management employees has not been discontinued, a savings of approximately $180,000.00. Ms. Schell stated employees are now contributing a cost to the medical insurance benefits and noted that this current year and the forthcoming year there will be no increases to our wages yet many expenses have been increased such as water, sewer, electric, and food. She stated it appears that in order to balance the budget all wages must be decreased by 4'/z %. Ms. Schell stated not only does the elimination of raises and reduction of raises affect our biweekly income it affects our pension as several employees are in their last few years where the average earnings come into play. Recently, several positions have been eliminated and other individuals will now take on extra duties without getting compensated. Ms. Schell urged the City Commission to look at the benefits that the Police and Firefighters are receiving and noted that Firefighters receive Kelly Days and both the Police and Firefighter Retirees have a Health Trust that the City is contributing to. The Police and Firefighters enhanced multiplier of 3'/z % was paid for all retroactive years prior to March 2004 by the City and this created a huge unfunded liability in their pension plan. Ms. Schell stated the General employees had to pay for any and all of their prior years of service. She stated the City will be contributing approximately 38.7% towards the Police and Firefighters Plan versus 15.78% for General employees and the Police and Fire have continued to receive wage increases. Ms. Schell urged the Commission to be as lenient as possible in decreasing our benefits and noted many employees are also residents of Delray Beach and are now getting hit with a double whammy; one by taxes and the other by decreased benefits. She urged the Commission to help General employees save our homes and families. Diona Braswill, Realtors Association of the Palm Beaches, thanked the City Commission for their hard work and commitment to the City. Ms. Braswill stated the Realtors Association are aware of how difficult it will be for the Commission to make some sense of the complicated issues facing us and they support the Commission in the efforts to make them as wisely as possible. She urged the Commission to not increase the millage rate over the 2008/2009 levels. Ms. Braswill stated the median sale price of a residential home has decreased by over 30% from this time last year. She stated by adding another cost to homeownership it will impact this critical market even more. The property value loss is in excess of over 40% in some markets and there are still more foreclosures on the horizon. Ms. Braswill stated by increasing the cost of homeownership through a higher millage rate and subsequent higher taxes will only make matters worse. She stated many people are struggling to keep their homes and that these tax rates do mean much to the citizens. Joann Peart, 107 N.W. 9t'' Street, Delray Beach, thanked the Commission for the work that they have done. Mrs. Peart stated she does not like paying taxes but noted that according to her tax bill the public schools are as much as the City of Delray Beach. She stated the cuts that are going to affect her home, her property values, and her quality of life are in Delray Beach. Mrs. Peart stated she appreciates the cuts the Commission has made in the last couple of years but urged the Commission to not cut so deeply that it affects the quality of life. 23 09/ 10/09 Eric Cherrv, 1111 South Ocean Drive, Delrav Beach, owns a communication business in Delray Beach for over 20 years with approximately 35 employees and for the first time he has had to stop funding the 401K Plan, lowered how much he pays on medical, cut overtime but has tried to keep the employees intact the best that he could. Mr. Cherry stated he cannot raise his customers' rates because his customers would not pay it. He stated he feels for the City employees but by the same token they are asking other people that are out of work or cannot make their payments to subsidize them. Mr. Cherry stated he is 56 years old and this is the worst economic situation he has ever been through. He feels there is a difference between the Police Department, the Fire Department, and our schools versus other City services that are provided. Mr. Cherry suggested that the City go to a fee based system and let people make the choices on a daily basis for themselves and urged the Commission to not make it for them. Veronica Cherrv, 1111 South Ocean Boulevard, Delrav Beach, stated cutting Police and Fire employees would be the last people that she would think of with regard to cutting their jobs and their budget. Mrs. Cherry stated Boca Raton's millage rate is 3.02 versus Delray Beach's of 6.85 and noted that Boca Raton has 86,396 people versus 64,630 population of Delray who also pay for servicing public schools, water, child services, and the Everglades project. She stated Boca Raton has high mansions out west that pay high property taxes but Delray Beach has homes out west and along A-1-A that their average property taxes are about $180,000.00 per year and this could make up for the less residences. Mrs. Cherry suggested that Delray Beach follow the model of budgeting as like Boca Raton. She read an article into the record regarding the NSP2 Stimulus funding and asked what the City is doing with this funding. Mrs. Cherry urged the Commission to set fees to the business owners with festivals and beautifying projects and let the people keep their homes instead of making matters worse. Christina Morrison Pearce, 2000 South Ocean Drive, Delrav Beach, thanked the Commission for all their hard work on the budget. Ms. Pearce stated she represents commercial property owners throughout the County and presented tax bills from her residential building and her commercial properties representing 11-12% increases. She stated if the City's tax increase goes through some of them are on Atlantic Avenue and the CAM which encompasses real estate taxes, insurance and maintenance on Atlantic Avenue averages $11.24 a square foot. Ms. Pearce stated it is getting very expensive to do business in Delray Beach. She concurred with comments expressed by the City Manager that the taxes are skewed in every direction and stated some people are getting no increases and some people are getting huge increases. Ms. Pearce stated the City's licensing fees have decreased this year by 900 licenses from last year (new and renewed) and the City lost $150,000.00 in revenue from license fees. She stated Delray Beach's downtown is the envy of three counties for people to come here to dinner on Saturday evenings and to shop. Ms. Pearce stated we need to keep the downtown the way it is and urged the Commission to keep the taxes at a reasonable rate. Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, expressed concern over the budget and stated she does not understand the millage rate. 24 09/ 10/09 Scott McGuire, representing the Police Department, urged the City Commission to support the City Manager's recommendations. Gary Wolf, 831 S.E. 4t'' Avenue, Delrav Beach (Osceola Park), stated he has a two bedroom two bath rental and pays $10,000.00 in taxes and feels there is tax scam going on in Delray Beach. Leonard Searls, resident of Delrav Beach for 60 vears, stated he has seen it evolve and he has benefited greatly by the improvements that have been made. He is very proud of the City of Delray Beach and has had to call on the Fire and Police Department and it has always been first class service which he does not want to see cut. He stated he sold a piece of property to the land trust and that was to provide housing for people that work in the City that really could not afford to live here. He stated there are going to be more foreclosures and people are not going to be able to afford to rent and will go elsewhere to rent. He urged the Commission to cut anything that is frivolous and keep the millage rate down. Brady Myers, employed with the City of Delrav Beach for 22 vears, briefly discussed a comparison with the millage rate between corporate America and the City of Delray Beach. Mr. Myers stated the City Manager has been here for 19 years and his decisions have not been driven by emotion but has been driven by dollars and sense and what is good for the City of Delray Beach. Mr. Myers urged the Commission to take the advice of the City Manager and take the emotion out of the decision making. Dr. Victor Kirson, President of the Board of Directors of Tierra Verde at Delrav Beach and the Vice President of Progressive Residents of Delrav (P.RO.D.), briefly discussed the budget and the millage rate. Dr. Kirson stated if this is a crisis then the City should use reserves so that the Police benefits are not affected. Phil Colnon, 680 N.W. 11th Street, Delrav Beach, discussed government spending in general Mr. Colnon stated he emailed the City Manager about the City revenues from real estate taxes in six years increased by 84% (2002-2008) and we cannot live on it. Mr. Colnon stated the City Manager emailed him back and noted that the revenue from real estate taxes was 66%. He stated if you use 2002-2009 it is still 84% because last year was zero. Mr. Colnon asked why the City needs 84% more cash than they did in 2002. He stated governments should not be growing and we need to reduce even if that means cutting positions. Mr. Colnon stated this is not personal for him and noted that he owns five properties in Lake Ida area and his taxes went down. He feels that the City needs to cut at a local level before doing it at a national level. Vinnie Gray, Police Department, stated the City Manager is reliable and asked why the Commission would not take advice from an expert that has been doing this for such a long time. Mr. Gray stated the Police Department needs the millage rate to be 7.39 in order to be effective for the community. He stated even if the City went with the 7.39 millage increase we can access it and lower it at a later date when times get better economically. 25 09/ 10/09 Shelly Petrolia, 2002 N.W. 4th Avenue, Delrav Beach (realtor), opposed to the tax rate increase because she thinks we can do better and live within our means with a leaner budget. She stated those homes with falling values should also see falling taxes. Mrs. Petrolia stated many families are seeing their paychecks shrink while their expenses rise and noted that food, gas, electric, water, insurance, and taxes are all on the rise. She stated in order to see an economic recovery we must begin with the sagging real estate community. Mrs. Petrolia stated in her experience as a realtor she has never had a person inquire about specific services of a city and noted there are certain services that are expectations such as water, sewer, Police and Fire protection. However, she stated almost 100% of the time she is asked about the taxes. Mrs. Petrolia stated there must be a balance with the amount of taxes to support these services. She urged the Commission to keep the mills as they are, find ways to decrease the spending and do this without harming our core services. Mike Owen, 2150 South Ocean Boulevard Apt. #4-E, Delrav Beach, commended the Commission on what they have done so far with the budget but suggested that as the Commission moves forward to next year that there be a better budgeting process so that the public has a better understanding and something that would better tie specific services in a narrower basis than to talk generally about Police and Fire and they are not broken down enough in order for people to understand them. He stated the City could have incremental cuts that they could make and suggested that in the future the City have a whole different budgeting process that could be more open to help ease what is being done. Mr. Owen stated people live off a monthly budget and homeownership is a big part of that budget (principal, interest, taxes, and insurance). He stated home values and mortgage rates have fallen and the insurance and property taxes have risen. He made reference to "Save Our Homes" which everyone says they do not like because it caps the public spending but stated approximately 67% of people in Palm Beach County voted for Amendment One. Mr. Owen stated that was not for tax increases but that was to put caps on the spending of the property ad valorem taxes. He stated the Commission could cut it back to 7.0 mills or reduce lower but the City is not going back to the point that there would be 3.0% increase on properties in general from the time when that started. NIr. Owen stated if the City does not continue in a very strong reducing trend they will find another amendment looking for other caps to be placed on the City. There being no one from the public who wished to address the Commission regarding Resolution No. 37-09, the public hearing was closed. NIr. Frankel thanked the Commission, the City Manager and City staff for recognizing the budget problems and stated everyone has acted appropriately. He stated he has been vocal about looking into the possibility of the Police and Fire going to the County and what cost savings this could be to the City, perhaps combining our smaller festivals into amulti-cultural festival to be a cash positive to the City instead of a cash negative. NIr. Frankel stated he has also made comments about parking meters on Atlantic Avenue and discontinuing the shuttle bus service. He stated he had a conversation with an employee regarding emails if the Commission lowers the millage 26 09/ 10/09 below 7.38 how it will affect employees and he has received many emails from residents about keeping the millage at 7.38. Mr. Frankel stated he has also received emails about no cuts to the Library and Old School Square. Mr. Frankel stated this is very difficult because on one hand no one wants taxes to be raised yet on the other hand no one wants City services to be eliminated and therefore feels there needs to be a balance. Mr. Frankel stated he will support 7.3833 mills with the likelihood of reducing that number when they meet on September 22, 2009. Mr. Fetzer stated there is a lot of good input tonight and the Commission has to vote their conscious on what they think is best for the City. He stated the Commission started setting a millage rate in July because of the deadline the City had to get in for the TRIM notices to go out. Mr. Fetzer stated they can set a tentative millage rate for the TRIM notices and go down as they work through the budget issues. He stated he did not support the 7.38 millage rate because he feels we can do better than that. Mr. Fetzer stated he has been an advocate at keeping the millage rate at last year's level because he does not feel this is the time for a tax increase. He stated he asked the City Manager what the City would have to do to keep the millage rate at 6.39. The City Manager prepared a worksheet cutting a lot of the grants which were proposed to go down substantially (i.e. Old School Square, the Library, EPOCH, etc.). Mr. Fetzer stated staff did develop some other alternatives but not to the extent that he would have liked to have seen. He stated the Commission reviewed the entire fee structure in the City to see if our RFP's are in line with what other municipalities are charging. Mr. Fetzer stated after this the Commission was able to identify $1 million in additional fee revenue and trying to charge fair fees that would make people that are users of the services bear more of the costs based on those fees. Mr. Fetzer stated the City's reserves have been built up over time and is now approximately 18% ($18 million). He stated reserves are built for emergencies and he feels this year has been an emergency and noted that next year will probably be another emergency. Mr. Fetzer stated he does not believe the City can take care of the entire deficit with reserves but it is one source of offsetting some of the tax increase from our residents. Mr. Fetzer stated in some of the Workshop meetings the Commission has discussed lowering the millage to 7.0 mills but he feels we can do better than that. Mr. Eliopoulos stated Delray Beach's success was not because of the real estate boom but because of investment in the downtown. He stated it takes a strong community and a downtown to build up the reserves. Mr. Eliopoulos stated we will not have the same amount of taxes coming in next year from our properties and feels if the City starts taking from the reserves we will not be able to replenish it. Mr. Eliopoulos stated a lot of unfunded mandates come from the State. He stated all the employees are important because that's what makes the City what it is today. Mr. Eliopoulos stated he supports reducing the millage rate to be in the range of 7.2 mills. Mayor McDuffie stated the Commission has spent many weeks trying to cut the budget without cutting services and to some extent with the hard work of the Commission and the Department Heads have actually done that. However, Mayor McDuffie stated they have not cut it to where some of the public would like to see it. He 27 09/ 10/09 stated last year's numbers take $10.4 million out of the budget. Mayor McDuffie stated the budget is approximately $100 million in the General Fund and about 27% of that is non-discretionary and is tied up in pension funds and tax incremental revenues to the Community Redevelopment Agency (CRA). He stated this leaves the City with $73 million. Mayor McDuffie stated Delray Beach is constantly being compared to Boca Raton and this is based upon a millage rate and a taxable value. He stated if you take the millage rate times the taxable value of the community that is the ad valorem revenues that the City receives to run the City with which are about half of the General Fund (51-53%). Mayor McDuffie stated the rest of it is sales tax, investments, other internal service funds, golf courses, etc. He stated the taxable value of property in Boca Raton today is $17 billion and taxable value of Delray Beach today is $7 billion and Boca Raton has over 1,000 employees and Delray Beach has 814 employees. Mayor McDuffie stated one of the issues that Delray Beach has to deal with that Boca Raton will not have to deal with is we have blighted areas in our city. He stated we need to bring those areas up to standard and in many cases the residents who live there cannot stand the special assessments it would take to get up there. Mayor McDuffie stated many of the things the City of Delray Beach has done and the money that has been brought in from taxes over the last several years is to cure blight areas in this community. He stated this has been done successfully since former Mayor Tom Lynch was in office. Mayor McDuffie stated there has been a resurrection that took place that is like no other city in South Florida and it is different because visionaries have sat on the Commission for decades. He stated it would be reckless for the Commission to go back to last year's millage rate given the things that the City still needs to accomplish in this community. Mayor McDuffie stated we owe it to the employees and the citizens of this community to think everything through and to keep Delray Beach going in the direction it is going and not do anything reckless. He made reference to the changes that have happened in West Palm Beach and stated this happened because the Commissions did not maintain the vision of what was going on when Clematis was so successful. Mayor McDuffie stated the Commission works for 64,200 and they want to do the best that they can for 64,200 people who live in Delray Beach and for the future of this City. Therefore, Mayor McDuffie supports the millage rate that the Commission proposed for the TRIM Notices at 7.38 and stated the Commission will turn over every stone between now and September 22"d to find some more money. Brief discussion between the Commission and the City Manager followed. Mr. Eliopoulos moved to approve the tentative millage rate at 7.3 mills, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Frankel -Yes. Said motion passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 10.B. RESOLUTION NO. 39-09 (TENTATIVE BUDGET ADOPTION FOR FY 2010): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2009 through September 30, 2010. 28 09/ 10/09 The caption of Resolution No. 39-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1sT DAY OF OCTOBER, 2009, TO THE 30tH DAY OF SEPTEMBER, 2010; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 39-09 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 39-09, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 39-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 0 vote. For the record, the City Manager stated Exhibit A attached to this resolution still has the 7.38 and staff will make the appropriate adjustments to accommodate the change to 7.3. 10.C. RESOLUTION NO. 38-09 (TENTATIVE MILEAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2010. The caption of Resolution No. 38-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATNELY LEVY A TAX ON ALL PROPERTIES WITHIN THE 29 09/ 10/09 DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. office.) (The official copy of Resolution No. 38-09 is on file in the City Clerk's The City Attorney read the caption of the resolution. 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. Brian Shutt, City Attorney, stated the proposed tentative millage rate of 1.0000 for the Downtown Development Authority (DDA) would not increase from fiscal year 2009 and is 16.55% below the rolled-back rate of 1.1982. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 38-09, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 38-09, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 42-09: Consider a city-initiated amendment to Chapter 71, "Parking Regulations", Section 71.006, "Surcharge on Parking Fines"; to provide for an increase in the surcharge on parking fines to fund the school crossing guard program. The caption of Ordinance No. 42-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.006, "SURCHARGE ON PARKING FINES"; TO PROVIDE FOR AN INCREASE IN THE SURCHARGE ON PARKING FINES TO FUND THE SCHOOL CROSSING GUARD PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-09 is on file in the City Clerk's 30 09/ 10/09 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. Cathy Kozol, Police Legal Advisor, stated this ordinance is to increase the surcharge on parking tickets from $5.00 to $10.00 and this would increase the revenue by approximately $30,000.00. Ms. Kozol stated the parking tickets would go up from $30.00 to $35.00. Mr. Eliopoulos confirmed that the additional revenue generated from this will go towards paying the crossing guards. Ms. Kozol stated this specifically has to go to the crossing guards. The City Manager stated it will not pay the total cost; however, it is that much more towards it. Ms. Kozol stated with regard to the parking tickets after hours their Community Service Officers (CSO's), when they are not doing accidents, have been assigned to issue parking fines along A-1-A. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 42-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 42-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:53 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. The City Manager had no response to prior public comments and inquiries. ll.B. From the Public. None. 31 09/ 10/09 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager reported that the Palm Beach County League of Cities has created an Adhoc Committee that is working on their lobbyist registration system countywide. Secondly, the City Manager stated for anyone who is interested Palm Beach County Cultural Council has a Centennial Bell Project and for $1,909.00 the City can be recognized by getting engraved on the bell. Secondly, Mr. Fetzer had asked some questions about the Solid Waste issues that Mr. MacNamee had raised and are we being underpaid in franchise fees. The City Manager stated the audit that the City conducted is not an audit of franchise fees but is an audit of the containers serving commercial customers. He stated we verified the size of the container, the location, and how frequently it is being collected. The City Manager stated the City has not audited the actual franchise fees themselves and have no plans to do that. The City Manager stated for October through August we received $449,818.00 in franchise fees and noted that this is a 40% increase over last year. The City Manager stated of the $449,818.00, 22% or $101,367.00 was paid on construction and demolition roll-off containers. He stated if you make an assumption that construction this year was only half of what it was last year then if you were getting construction and demolition franchise fees at the same rate as you did last year, you would see a 71% increase in the revenue instead of 40%. Also, the City Manager stated the number of commercial container customers in December of 2008 was $1,169.00 and in July 2009 it is $1,005.00 (a drop of 14%). He stated a lot of commercial customers have reduced the size of their container or reduced the frequency of collection which causes a drop of franchise fees. The City Manager stated if the Commission would like a detailed audit the only way Mr. MacNamee would be satisfied is if the City hired an outside auditing firm to do it. He stated the City does not have the staff time to do something like that. With regard to receiving the proper reimbursement on special collections, the City Manager stated we are now comparing our billing list that we receive with Waste Management with the special collection directive list that is generated by Code Enforcement. The Commission also expressed concern whether it has been financially in the City's interest to go with anon-exclusive contract on the construction demolition. The non-exclusive contract is costing the City's residential customers about $56,000.00 a year. The City Manager stated the City's permitted construction demolition haulers have paid $5,000.00 in application fees, $10,500.00 in permit fees, and $15,000.00 in franchise fees over and above the 10% franchise fee that Waste Management would be paying under an exclusive arrangement. He stated this is about $30,000.00 in extra revenue against a $56,000.00 extra expense. The City Manager stated presumably builders in the City are getting better prices on C&D containers for their construction projects which was the argument for doing it in the first place but we have no way of measuring that. 32 09/ 10/09 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 had written a memorandum with copies to the Commission raising those three areas that he was still concerned about from a financial standpoint. He stated Mr. MacNamee raised a lot of other issues that he is not sure we will ever resolve to his satisfaction. Mr. Fetzer stated he was under the impression that we were doing an audit of the franchise fees to make sure that we were in fact being reimbursed what we are entitled to under the contract. He stated he is still not comfortable that we have investigated the financial impact of the questions that were raised regarding that. It was the consensus of the Commission to direct the City Manager to obtain a price on what an outside audit would cost the City. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos congratulated Angeleta Gray for her appointment to the Commission. Secondly, Mr. Eliopoulos stated things are getting extremely tough with regards to this budget. He stated it is one thing to have a vision and another thing to implement it and that goes back to the rest of the staff that came into play to make that vision come through. Mr. Eliopoulos stated taking a quick snapshot of our employees you know that Police & Fire do things that we do not want to do but there is a value to the rest of employees that you have to look at with regards to how the success of this City has been and noted that they have actually guided the Commission also. He feels this Commission is doing the best they can with being creative and although they may not all agree how to get there, the Commission knows they would like to get there. Mr. Eliopoulos thanked the Commission for all the time they have put in with regards to the budget and urged everyone to keep trying the best they can. The City Manager stated if you look at the Worker's Compensation rates there are more dangerous jobs than Police and Fire. He stated they are not out dealing with the public but they are in trenches with a broken sewer main working in raw sewage and going down in manholes and doing other things that are hazardous. The City Manager stated they are well trained and fortunately the City has very few accidents. The City Manager stated the public does not see them because they are out of view but they are all vital to the success of the City. 33 09/ 10/09 Mayor McDuffie stated when you start making across the board cuts it is that group of employees that get hit the hardest. 13.C.3. Mr. Frankel Mr. Frankel thanked the City Attorney's office for the information regarding the shuttle bus and stated he looks forward to talking about that at the Workshop meeting to see what appropriate changes we can make to cut back a few more dollars. He stated it has been like a marathon and now they are at the finish line. Mr. Frankel stated the entire Commission has worked hard and he thanked the Department Heads for their input as well with regard to the Budget. He stated he will not j eopardize the City and reiterated that he looks forward to Tuesday evening to see what changes and cuts they can do without affecting essential services and keeping the millage as low as possible. Commission. Mr. Frankel congratulated Angeleta Gray on her appointment to the 13.C.4. Mayor McDuffie Mayor McDuffie thanked the City Attorney, staff, and Department Heads for all their work with regards to the budget. Mayor McDuffie stated approximately two years ago the Budget Task Force was appointed and they reported that there was virtually no waste. He stated there were great people on the Committee who met with the Finance Director for months and worked on trying to bring things to the Commission to cut this budget back on things that the Commission could eliminate that would not decimate our city. Mayor McDuffie stated when the Commission put all of them into force you still see what the Commission is left with. Mayor McDuffie stated this has not been easy and noted that although the Commission disagreed for whatever reason everyone has been respectful with that disagreement. Mayor McDuffie asked the Commission if they want to set any other times in addition to the Workshop Meeting of September 15, 2009 to discuss this. The City Manager stated the Commission can meet Tuesday, September 15, 2009 and if the Commission feels they need to have another meeting after that then they can do so. Secondly, Mayor McDuffie stated he had lunch today with the Literacy Coalition and the keynote speaker was Steve Leveen from Levenger and former Mayor Tom Lynch, Chairman of the Literacy Coalition was there and encouraged everyone to read to kids. Mayor McDuffie stated he talked to them about what the City has in place and they were overwhelmed by what we are already doing. He stated there are certain things the City cannot get rid of because they are crucial to the future of our City. He stated he attended the Palm Beach County Broadband Committee meeting and everything has been submitted to Washington. Mayor McDuffie stated reviews will begin September 14, 2009 and will run through October 15, 2009 and the awards will begin to be made on November 1st. Mayor McDuffie stated if we are 34 09/ 10/09 successful and since Delray Beach is now a part of the Palm Beach County group, Palm Beach County would receive $20 million for wireless broadband throughout the County. He stated Delray Beach would have one of the very large areas that would be done (from Swinton Avenue out to I-95 and from Lake Ida Road to Linton Boulevard). Lastly, Mayor McDuffie stated he is on the Palm Beach County League of Cities Lobbyist Registration Committee and noted that former Commissioner and Vice Mayor Jon Levinson spoke. Mayor McDuffie stated the general consensus at this point is to leverage the County system to ask them to make some changes from the League and then we will have to craft our ordinances. He stated this is just one more effort that we have all made in transparency of government in this community and it is making great progress. Mayor McDuffie stated hopefully by sometime in the next 60 days the Commission will have a decision made about which direction that is going to go. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:13 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 September 10, 2009, which Minutes were formally approved and adopted by the City Commission on 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. 35 09/ 10/09 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME---FIRST NAMEMIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Elio oulos Gar Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 Geor e Bush Boulevax-d WHICH I SERVE IS A UNIT OF: CITY COUNTY X] CITY ^ COUNTY ^ OTHER LOCRL AGENCY Delray Beach, Florida 33444 Palm Beach NAME of POLITICAL sugDlvlsloN: Ci f D l B h t o e ra eac DATE ON WHICH VOTE OCCU RRED MY POSITION I5: $ir tember 1~ 2009 X63 ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. kt applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the farm. INSTRUCTIONS FOR COMPLIANCE W1TH SECTION 192.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain ar loss of a relative; or to the special private gain or lass of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange}. .. :. ~ ~ ~ , ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and W]THIN 15 IJAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL t3E TAKEN: • You must complete and file this form (before making any attempt to influence the decision} with the person responsible far recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued an other side) CE FORM 8B _ EFF. 1120D0 Ttem 8.A = Item 9.A_A_ PAGE 1 APPOINTED OFFICERS {continued • A copy of the form must be provided immediately to the other members of the agency- • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT TH1~ MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and ale it within 'i5 days after the vote actors with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the farm must be prodded immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary P. Eiiopaulos ,hereby disclose that on Sep~emUer 1~ , 2p ID9 (a) A measure came or will come before my agency which (check one) XX%% inured to my special private gain or loss; inured to the special gain or lass of my business associate, ; _ inured to the special gain or lass of my relative, ; _ inured to the special gain or lass of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: El~.opoulos Architecture, Inc.,is the architect for the project. Da#e File Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1'12.317, A FAILURE. TO MAKE ANY RI=QUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MARE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,(}©©. CE FORM 8B - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMM€SSION, AUTHORITY, OR COMMITTEE Elio oulas Ga Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ZOJr George Bush Boulevard WHECH I SERVE IS A UNIT OF: CITY COUNTY ~ITI' ^ COUNTY ^ OTHER LOCAL AGENCY De1ra Beach Florida .33444 Palm Beach NAME DF POLITICAL SUBDlVISlON: Cl~ of Delra Beach DATE ON WHICF~ VOTE OCCURRED y MY POSITION IS: September lU, 2009 ~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appoin#ive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective ar appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain ar lass. Each elected or appointed local offcer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency} by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person ar entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coawner of property, or corporate shareholdor (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED 01=FICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BE]NG TAKEN by publicly stating to the assembly the nature of your interest in the measure an which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. ,~ ~ ~ t APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM sl3 - EFF. 112000 Item 9.A PAGE i APPOINTED OFFICERS (continuedy • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT 13Y DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participafsng. • You must complete the farm and file it within 15 days after the vote occurs with the person responsible for recording the- minutes of the meeting, who must incorporate the farm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OF'FICER'S [NTEREST I Gary E~iapoul.os ,hereby disclose that on September 10 , 20 09 (a) A measure came orwill come before my agency which (check one) _ inured to my special private gain or loss; %g inured to the spacial gain ar loss of my business associate, Rupi Se Eliopoulos Architecture ; inured to the special gain or loss of my relative, ; inured to the special gain or foss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: la ~~ ~._ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRI=D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSIDN FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TD EXCEED $10,000. CE FORM 8l3 - EFF. 1120Df3 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulos Gary Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 Geor a Bush Boulevard WHICH I sFRVE Is A UNIT oF: CITY COUNTY CITY ^ COl1NTY ^ OTHER LOGAL AGENCY Delray Beach; Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: Cit f D 1ra Beach e o DATE ON WHICH VDTE OCCURRED MY POSITION Is: September .10, 2009 %[g ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use lay any person serving at the county, city, or other local level of government on an appointed or elected board, council, commissicn, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutos. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and fling the €orm. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3743, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her specia! private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by wham he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or koss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. Far purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (whore the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature o€ your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for rocording the min- ut~'s of the meeting, who should incorporate the form in the minutes. .P w ~ ,~ ~ ~. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the farm in the minutes. (Continued on other side} GF FGRM 8B - EFF. 112000 Item ~ • C PAGE 1 APPOINTED OFFICERS {continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE aECISION EXCEPT BY DISCUSSION AT THE MEETING: • Yau must disclose orally the nature of your conflict in the measure before participating. , • You must complete the form and f"sle it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST [, Gary Eliapoulos ,hereby disclose that on September i0 . ._ , 2D 09 (a} A measure came or will come before my agency which (check one) inured to my special private gain or loss; $$ inured to the special gain or loss of my business associate, ICupi ~ Eliopoulos Architecture _ inured to the special gain or loss of my relative, ; _ inured to the special gain ar loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b} The measure before my agency and the nature of my conflicting interest in the measure is as follows: ./~Q ~ Date Filed €gnature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1I2DD0 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR PINEAPPLE GROVE LTD. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding the Pineapple Grove Limited Project have come before the City Commission on September 10, 2009. ~. The Applicant and City staff presented documentary evidence and tests`rnony to the City Commission pertaining to the waiver requests for the Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. WAIVERS: Per LDR Section 4.6.14{A}{2}, the required sight visibility triangles are 40 feet at the intersection of two ar more public rights-of--way. The hotel encroaches into the 40-foot visibility triangle at the northwest corner of Pineapple Grove Way and NE 1St Street. The office building encroaches into the 40-foot visibility triangle at the northeast corner of NE 1St Avenue and NE 1St Street. These encroachments result in a 20-foot visibility triangle at both intersections. The applicant has submitted a waiver request from these sight visibility triangles Per LDR Section 4.6.18(8}{14}{iv}{2}, the minimum transparency or glass surface area . on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area far that elevation. The proposed office building provides a transparency of 60% along NE 1St Street and 60% along NE 1St Avenue. The applicant has submitted a waiver request to reduce this requirement from 75% to 60%. Pursuant to LDR Section 2.4.7(8}{5), prior to granting a waiver, the approving body shad make a finding that the granting of the waiver: {a} Shah not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. Would a waiver to Section 4.6.14{A}{2) regarding sight visibility triangles, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8}(5}? 1 City Commission Meeting on September IO, 2009; Item 9.A. Y Yes X Na UUould a waiver to Section 4.6.18(B){14}{iv}(2} regarding the minimum transparency or glass surface on the ground floor wall area, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8}{5}? Yes_ X No 3. The City Cammissian has applied the Camprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the retard submitted and adapts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before `rt, the Gity Commission approves or denies the waiver requests as follows. LDR Section Approve Deny 4.6.14{A}{2} {sight visibility triangle} X 4.6.18{B}(14)(iv}{2} {glass surface on first floor} X 6. Based on the entire record before it, the City Commission hereby adopts 2 this Order this 10~h day of September, 2009, by a vote Nelson S. M and d City Commission Meeting on September IO, 2009; Item 9.A. Chevelle Nubin, City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 PLAY DAY PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing Saturday, October 3, 2009 as the official "Play Day" in recognition of the City of Delray Beach being named a 2009 Playful City USA community. BACKGROUND On July 13, 2009 the City of Delray Beach was named a 2009 Playful City USA community. This community honor was awarded to the City of Delray Beach by KaBOOM!, a national non-profit organization that envisions a great place to play within walking distance of every child in America. On October 3rd, the City of Delray Beach, invites families to participate in a fun Play Day at the following sites: Pompey Park, Veterans Park, Lakeview Park, and Catherine Strong Splash Park. RECOMMENDATION Parks and Recreation recommends proclaiming October 3, 2009 as the official City of Delray Beach Play Day. WHEREAS, play is important not only for learning but also for health and development; and WHEREAS, play helps children develop social skills, thinking skills, language skills, creative skills; and WHEREAS, play helps develop small and large motor skills; and WHEREAS, children who play are less likely to be obese and develop obesity- related health problems such as diabetes and heart disease; and WHEREAS, children who had more than 15 minutes of recess a day showed better behavior in school than those who had little or none; and WHEREAS, a productive, healthy and physically fit child becomes a healthy, happy and successful adult; and WHEREAS, the City of Delray Beach acknowledges that children are our most valuable resource, and that we must promote and ensure an abundance of safe and accessible play spaces for all our children; and WHEREAS, the Play Task Force, which formed an action plan for play to ensure recognition of the City of Delray Beach as a Playful City USA community, will coordinate this effort with the support of the Mayor; and WHEREAS, the Mayor has proclaimed Saturday, October 3, 2009 as the official Play Day in the City of Delray Beach encouraging all citizen's to rally for an abundance of time and space for free unstructured play for all children in this community; and NOW, THEREFORE, I, NELSON "WOODIE" MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare Saturday, October 3, 2009 as: "A Play Day in the City of Delray Beach" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 22"d day of September, 2009. MAYOR Nelson "Woodie" McDuffie In celebration o~ pelray Beach's Ptay~ul Cit~l YSA Award OCT. 3, lout' 10:00 AM---I:OOPM Pars ~ ~t 'fir Parks & Recreation Department 50lVW [stAve. Delray Beach, ~L 33494 F~~iEo~s ~~°~ ir~~r~~:d ~~ join ~h~ ~i~y ®~' ®el~ay ~;~.~ch ~~ ~ ~~.y caf Pty a~ P~mp~y ~ar°k, Lak~vi~~r Pa~k,~~~~~ans pa~t< and a~h~r°~n~ s~~~a~ag Pa~°k f~®~ t 0:00 ~.~ un~~l ~ :00 p~ ~~ h~Bp ce6ebr°~.~~ ~h~ ~~y's ~~~ F~I~.yf~~ ~a~y iJ~r~va~d. ~.rnili~s aye ~ncc~~~-ag~d ~o ~isi~ the pa~~< c~~ ~heos^ chc~6~~ and p~.~~icip~.~e as ~. ~~~.~rn, in one n~ ~~^~ ~~~d and ~p®~~~ng ~~~nts held ~.~ each pa~lc. ~.~~~ and sn~,~[cs ~i~~ b~ pr~ar~~ded, ho~~v~v', f~mil~~s ~.~~ ~n~®~rag~d ~~s bang . p~~n~c baslr~~l~~ml~r~ ~a~~®h®Iroe b~~~~ag~s ~~-~ p~~hib~~~d~. ~v~n~s fnv~ e~.~h ~~~ are [~st~d ®n ~h~ bask. For mare in formation, Tease cort~act Rodger Ribeiro at 56l-243-7256 or envoi! Rodger at Ribeiro@ci.delroy-beach. fl.us. Phone:SG!-243-7250 E-mail: Parks&Recreatian~mydelraybeach.com Weh: MyDelrayBeach.c©m Saes and Erents Ponnpey Park 1 f 01 NW 2nd Street Water Balloon Toss Basketball Free Throw Football Throw Three_legged Race Potato Sack Race ~4Q-yard Dash ` Baseball Th row ~:00PM For open play: ~~:~~ ~~-~' Tennis Courts - _ Basketball Courts w._ ~ _ fool Free ! Oa- ! p) ;..... Lakeview Park 1100 Lake Drive Water Balloon Toss Three-legged Race Potato Sack Race Frisbee Throw Push-Ups Distance Run Relay Race For open play: Fishing Veterans Park 802 NE f st Street Water Balloon Toss Three-legged Race Potato Sac!< Race Bean BagTic~Tac-Toe Long dump Push-Ups For mien play: Lawnbowling Shu~flebaard Catherine Strong Splash Park 1500 SW 8th Street Long Ju~A Football Throw Water Balloon Toss Three-legged Race Basketball Free Throw Frisbee Throw For open -play: Tennis Courts Fitness Trai! WHEREAS, October 2009 marks Abbey Delray's 30th year of providing nationally recognized, wide-ranging senior living services in the Delray Beach area; and WHEREAS, the mission of Abbey Delray is to "create communities celebrating the lives of seniors"; and WHEREAS, Abbey Delray hereby celebrates the past 30 years of success and renews its commitment to serving future generations of residents; and WHEREAS, the core purpose of Abbey Delray is to realize the limitless possibilities of senior life; and WHEREAS, the core values of Abbey Delray are: • Commitment to excellence and innovation • Anticipation of needs and exceeding expectations • Passionate attention to all details • Responsible stewardship NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of October 4, 2009 through October 10, 2009 as: "Abbey ~elray's Renewal and Re-Commitment Week" in the City of Delray Beach and urge all citizens to recognize Abbey Delray for providing nationally recognized, wide-ranging senior living services in the Delray Beach area, for the past thirty years. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 10th of September 2009. Nelson S. McDuffie MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manger DATE: September 18, 2009 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SPECIAL RECOGNITION AWARD -BUDGET TASK FORCE ITEM BEFORE COMMISSION Recognize the following Budget Task Force Members for their dedication and hard work. Committee Members Franklin Wheat Chairman Howard Ellingsworth Vice Chairman Petcr Arts Vinrcnt Dolc A 1 tern ate Alternate MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, GISP, City Engineer Richard C. Hasko,P. E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 17, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 REQUEST FOR SIDEWALK DEFERRAL/213 KINGS LYNN ROAD ITEM BEFORE COMMISSION This item is a request for a sidewalk deferral along Kings Lynn Road and Aylesbury Road for the property located at 213 Kings Lynn Road. BACKGROUND Kings Lynn Road is in the Lake Ida neighborhood. Past deferral requests on N.W. 1st Avenue, N.W. 2nd Avenue, and N.W. 16th Street all of which are located within the Lake Ida neighborhood have been approved by City Commission. Attached is a copy of the deferral agreement along with a location map. RECOMMENDATION Staff recommends approval of sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200 between the City of Delray Beach (hereinafter the City) and GEBF Real Estate GW Palm Beach LLC (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along Kings Lynn Road & Aylesbury Road until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Kings Lynn Road & Aylesbury Road right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. C: (Program FileslNeevia.ComlDocument ConverterltemplPDFClonvert.6462.1.213 Kings Lynn Rd deferral agmt.doc WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 213 Kings Lynn Road Chevy Chase Lot 29 PCN 12-43-46-08-06-000-0290 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Kings Lynn Road & Aylesbury Road right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney C: (Program FileslNeevia.ComlDocument ConverterltemplPDFC~onvert.6462.1.213 Kings Lynn Rd deferral agmt.doc WITNESSES: (Please type or print name) (Please type or print name) STATE OF ) COUNTY OF ) OWNER: By: BEFORE ME personally appeared who [is] [are] personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this My commission expires: day of 20_ (si ng ature) Notary Public (Seal) agt~sidewalk deferral agreement C: (Program FileslNeevia.ComlDocument ConverterltemplPDFC~onvert.6462.1.213 Kings Lynn Rd deferral agmt.doc _` ° ~ ~ Q ~ M <- ~' 0 ~~rno J cLL • - a ~ 07 O O N N 07 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: September 4, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RESOLUTION N0.43-09 ITEM BEFORE COMMISSION Consider approval of Resolution 43-09 in support of the petition by the Florida Stormwater Association. BACKGROUND The Florida Stormwater Association has filed a petition (see attached) to the Environmental Regulation Commission requesting that rulemaking be initiated to revise Florida's system of classifying water bodies and determining their use. Florida's recently-initiated rulemaking effort to adopt numeric nutrient criteria has heightened the need for a more reasonable system of classifying waters and determining their use. The establishment of numeric nutrient criteria will have huge fiscal implications for the communities that will be required (through the NPDES MS4 permits and the TMDL program) to use tax dollars to restore water bodies. It is critical that water bodies be classified in a way that reflects the actual purpose of the water body, whether it is a canal, a stream, or a spring to ensure that our critical waterways are protected and our tax dollars are well spent. RECOMMENDATION Staff recommends approval. RESOLUTION N0.43-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PETITION FOR RULE-MAKING TO AMEND FLORIDA WATER QUALITY STANDARDS SY REVISING EXISTING WATER BODY CLASSIFICATIONS TO PROVIDE NEW AND MORE APPROPRIATE BENEFICIAL USES AND USE EXPECTATIONS, FILED SY THE FLORIDA STORMWATER ASSOCIATION, INC., WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all surface waters of the State of Florida, including fresh, marine, wetland flowing or intermittent, natural or manmade, pristine or impacted are classified by only five (5) Designated Uses; and WHEREAS, the existing water body classification system was created in 1968 and has not been amended since; and WHEREAS, the Florida Departmealt of Environmental Protection recognized in a report filed with the Florida Legislature in February 2005 that the current water body classification system, developed to address point source pollution, is too narrow to apply to the wide variety of water bodies existing throughout the State of Florida, the natural conditions of which fluctuate over time; and WHEREAS, the Deputy Secretary for the Florida Departmealt of Environmental Protection stated in an Apri12007 Letter to the Media that it is crucial that the water body classification system accurately reflect the actual purpose of each water body; and WHEREAS, the success of the Total Maximum Daily Loads ("TMDL") program, which utilizes water quality standards to determine water body impairnlealt, depends upon appropriate use designations and expectations of water bodies; and WHEREAS, the present water body classification system is ineffective to accurately measure water quality such that some water bodies have been mistakenly classified as impaired leading to the adoption of unnecessary TMDLs and the diversion of lirrdted resources from urgent water quality problems; and WHEREAS, the costs to local govemmealts statewide to implement the TMDL program are estimated to be approximately $50 billion; WHEREAS, in this time of great economic hardship, tax revenue must be used in the most efficient and effective manner; and WHEREAS, the Designated Uses and Classification Refinement Policy Advisory Committee ("PAC"), an expert policy advisory committee, was previously convened by the Florida Departmealt of Environmental Protection to study and make recommendations regarding the water body classification system; and WHEREAS, in 2007 the PAC developed a proposed water body classification system, combining Beneficial Use Designations and Beneficial Use Expectations, which comprise the goals and expectations to be attained in each water body and provide a basis for deriving water quality criteria and other protections to maintain each Beneficial Use; and WHEREAS, the proposed water body classification system consists of seven Human Use Designations and four Aquatic Life Use Designations as well as corresponding Beneficial Use Expectations; and WHEREAS, this classification system adequately addresses the goals and concerns expressed by the Florida Departrr~ent of Environmental Protection; and WHEREAS the Florida Stormwater Association, Inc., has filed with the Florida Departmealt of Environmental Protection its Petition for Rule-Malting to Amend Florida Water Quality Standards by Revising Existing Water Sody Classifications to Provide New and More Appropriate Beneficial Uses and Use Expectations. NOW, THEREFORE, SE IT RESOLVED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach supports the Petition for Rule-Malting to Amend Florida Water Quality Standards by Revising Existing Water Sody Qassifications to Provide New and More Appropriate Beneficial Uses and Use Expectations, filed by the Florida Stormwater Association with the Florida Departrr~ent of Environmental Protection Section 2. The City of Delray Beach urges the Florida Departmealt of Environmental Protection to establish a water body classification system similar to the proposed water body classification system outlined in the Petition for Rule-Malting. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED in regular session on this the day of , 2009. ATTEST: City Clerk MAYO R 2 RES. N0.43-09 STATE OF FLORIDA -ENVIRONMENTAL REGULATION COMMISSION FLORIDA STORMWATER ASSOCIATION, INC., A FLORIDA NOT-FOR PROFIT CORPORATION, Petitioner ~~ ' ~ ~ ~y ~ '-~ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent PETITION FOR RULE-MAKING TO AMEND FLORIDA WATER QUALITY STANDARDS BY REVISING EXISTING WATER BODY CLASSIFICATIONS TO PROVIDE NEW AND MORE APPROPRIATE BENEFICIAL USES AND USE EXPECTATIONS 1. Petitioner, the Florida Stormwater Association, Incorporated (hereafter "FSA") is a not-for profit Florida Corporation, a voluntary, membership based organization whose mission is to help its members improve water quality through enhanced stormwater management practices. The association has 295 organizational members including cities, counties, water management and other districts, academic institutions, and consulting and engineering firms, all engaged in some aspect of stormwater management and with an interest in water quality-related issues. Petitioner's address and phone number are as follows: Florida Stormwater Association, Inc. C/O Kurt A. Spitzer, Executive Director 719 East Park Avenue Tallahassee, FL 32301 Telephone: 850-561-0904 2. The Florida Department of Environmental Protection (hereafter the "Department" or "DEP"), by the Environmental Regulation Commission, is authorized by Sections 403.061, 403.804 and 403.805, Florida Statutes, to adopt and amend Florida Water Quality Standards which include Classifications and Designated Uses of waters that are the subject of this petition. The existing rule to be amended is Section 62-302.400 of Chapter 62-302, Florida Administrative Code (hereafter "FAC"). 3. This petition is authorized by Section 120.54, Florida Statutes, and Petitioner, FSA, has standing to file the petition by the provisions of Section 62-302-400, FAC, and by the substantial interests of its members in the subject matter of this rulemaking. City, county and other members of FSA engage in activities that are regulated by the Department and are required to obtain Municipal Separate Storm Sewer System permits under the National Pollution Discharge Elimination System program from the Department. RULEMAKING REQUESTED 4. This petition seeks the amendment of sub-sections (1) through (12) of Section 62-302-400, FAC, which establish a Classification of Surface Waters according to Designated Uses. By the provisions of existing sub-section (1) of 62-302-400, FAC, all surface waters of the State are classified by five designated uses, which are predominantly human or economic uses of waters in the State. All surface waters of the State, including fresh, marine, wetlands, flowing or intermittent, natural or manmade, pristine or impacted, are, by sub-section (10), classified as Class III unless otherwise included in the Class IV exception to Class III or specifically placed in other Classes elsewhere in the Rule. 5. This petition seeks the adoption of a new waterbody classification system, similar to that as was developed by an advisory committee to the Department known as the Designated Use and Classification Policy Advisory Committee ("PAC") to include seven Human Uses and four Aquatic Life Uses, as follows: HU-1 Protection of potable water supply suitable for consumption following conventional drinking water treatment, fish consumption, full body contact HU-2 Protection of shellfish harvesting for human consumption, fish consumption, full body contact HU-3 Protection of full body contact and possible ingestion and fish consumption HU-4 Protection of incidental contact and fish consumption HU-5 Contact limited or restricted due to unsafe conditions, protection of fish consumption HU-6 Protection of waters for crop irrigation or consumption by livestock HU-7 Utility and industrial uses AL-1 Propagation and maintenance of aquatic communities that approximate the biological structure and function of natural background AL-2 Propagation and maintenance of a healthy, well-balanced aquatic communty with minimal deviation of biological structure and function relative to natural background AL-3 Protection of an aquatic community with moderate deviation of Biological structure and function relative to natural background AL-4 Protection of an aquatic community with substantial deviation of Biological structure and function relative to natural background The term "natural background," used in the description of aquatic life uses above has the same meaning expressed in the Definitions of existing DEP rule 62-302, F.A.C.: "the condition of waters in the absence of human-induced alterations based on the best scientific information available to the Department." 6. The Designated Uses established by a Waterbody Classification System comprise the goals or expectations that should be attained in each waterbody and provide a basis for deriving water quality criteria and other protections that will maintain the adopted beneficial uses. The PAC recognized that one of the greatest deficiencies in the existing State Water Quality Standards is that no Designated Use Expectations have been adopted. It was further the consensus of the PAC that the following Use Expectations should be adopted together with Beneficial Use Designations: HU-1 Maintaining a level of water quality suitable for potable water or Intended to be suitable after receiving conventional drinking water treatment. Also protective of HU-3 uses. HU-2 Water shall contain no substances in concentrations that will make shellfish inedible due to undesirable tastes or would cause a hazard to humans after consumption. Also protective of HU-3 uses. HU-3 Recreational uses may support prolonged and direct contact with the water, involving minimal risk of ingesting water in quantities sufficient to pose a health hazard. Fish consumption involves maintaining a level of water quality that will prevent any unpalatable flavor or accumulation of harmful substances in fish tissue HU-4 Recreational uses may result in contact with the water that is either incidental or accidental. The probability of ingesting appreciable quantities of water is minimal. Water depth may preclude full body immersion. Also protective offish consumption as in HU-3 HU-5 The activities or conditions expected in the waterbody make it unsafe or not possible to conduct recreational activities. Also protective of fish consumption as in HU-3. HU-6 Maintaining a level of water quality useful for consumption of water by livestock or surface water withdrawal for irrigation of cropland. No protection of recreational activities or fish consumption. HU-7 Maintaining a level of water quality useful for utility and industrial purposes. No protection of recreational activities or fish consumption. AL-1 Natural structural, functional and taxonomic integrity is preserved or approximated; structure and function similar to natural community; ecosystem level functions are fully maintained AL-2 Overall balanced distribution of all expected groups of taxa; ecosystem functions largely maintained. May have changes in biological structure evidenced by the replacement of sensitive ubiquitous taxa by more tolerant taxa. AL-3 Changes in biological structure and function have resulted in an altered aquatic community. Represents the transition between a community dominated by sensitive or expected taxa to one dominated by tolerant taxa. AL-4 Substantial changes in biological structure and function have resulted in a limited aquatic community. Community consists primarily of tolerant taxa able to survive and propagate under severe or variable environmental conditions. The petitioner requests adoption of a system similar to these Beneficial Uses Expectations together with corresponding Use Designations as proposed by the PAC. 7. In adopting these proposed Beneficial Uses and Expectations there will be a need to adopt appropriate implementing provisions, similar to those in the existing 62-320-400, FAC, which can be developed in the course of further rule development and adoption proceedings. These implementing provisions may include a process for further refinement of Beneficial Uses and Expectations. Further, the adoption of the proposed Beneficial Use Classes is the first step in three phases of rule making. Following adoption of a new Classification System, appropriate criteria for each class will be needed and finally the designation of surface waters to the appropriate Classification of Human and Aquatic Life Support Uses. WHY THE PROPOSED RULEMAKING IS NEEDED 8. The Department's existing water classification system, recognizing only five Designated Uses, was adopted by the Pollution Control Board in 1968. In the mid-1970's, following enactment of the Federal "Clean Water Act" in 1972, the Florida Legislature reorganized the State's environmental agencies by creating the Department of Environmental Regulation (the precursor to DEP) and providing the Environmental Regulation Commission with the exclusive authority to adopt water quality standards. In 1978, the Environmental Regulation Commission adopted a major expansion of water quality criteria, based on EPA Guidance Documents, but retained the existing Classification system with no change from what existed in 1968. For the most part, the new water quality criteria were applied to Class III waters that included the great majority of all waters, of all types, in the State. 9. As noted above, the Designated Uses and corresponding Use Expectations established by a Waterbody Classification System provide the goals that should be attained in each waterbody. EPA has in recent years encouraged refinement of Designated Uses and the adoption of Use Expectations to more effectively protect the wide variety of waters as exist in Florida. EPA has also in recent years placed more emphasis on the management of ambient water quality through the Total Maximum Daily Loads (hereafter "TMDL") program, recognizing the limitations of protecting waters primarily through point source discharge controls. The Department has concluded that the existing Water Body Classification system needs improvement as a foundation for the TMDL and other water resource management programs. 10. In February of 2005, the Department filed a report with the Florida Legislature assessing the first five years of the TMDL program. In that Report, the Department discussed the inadequacies of existing Water Body Classifications in the following relevant excerpts: In the early 1970's, there was no clear understanding of how, comprehensively, to evaluate overall water quality or protect whole aquatic ecosystems from all sources of pollution, which are the exact objectives of the Watershed Restoration Act of 1999. This contradiction of older standards and newer mandates has led to a number of dilemmas, among them: Most Florida waterways are identified as Class III, "fishable and swimmable." It has become clear in recent years that this classification, which includes rivers, streams, lakes and estuaries as well as wetlands, urban drainage ditches, urban lakes and canal systems, is too broad. Some of these water bodies or water body types never did and indeed should not be expected to provide the same quality of "swimmable or fishable" recreation as others. Florida's freshwater dissolved oxygen (DO) criterion requires oxygen levels in surface waters to be at or above five milligrams per liter (5 mg/1) at all times at all places, ostensibly in an effort to protect water quality. In fact, wetlands, springs, drainage ditches and canals do not typically exist, whether naturally or as artificially created, with DO levels as high as 5 mg/1, often because of the significant inflow of low-oxygen ground water into surface waters. In effect, some water bodies are being required to meet unnatural conditions or conditions that are otherwise caused by pollutants. As noted in the introduction to this section, water quality standards were developed primarily to address regulation of point sources of pollution and they are applied, typically, at the end of the discharge pipe, to be met at all times. It is not possible to apply this same logic to entire rivers, lakes, streams, estuaries and other surface waters, the conditions of which vary naturally over time, and which simply will not meet every water quality criterion at every moment in every location. Florida's existing surface water quality standards are the benchmark against which the Department must measure water body impairment and determine whether TMDL's, and subsequent clean-up actions, are necessary. The circumstances outlined above have required DEP to list as impaired some water bodies that likely are not, in fact, impaired. The result is that DEP may have to develop and adopt unnecessary TMDLs, wasting limited resources and diverting attention from real water quality problems. 11. More recently, in April of 2007, responding to concerns expressed regarding the PAC, Mimi Drew, Deputy Secretary of DEP wrote to the Florida Media, including the following excerpts: All surface waters in the state are currently classified by one of five designated uses. By far the largest number of waters in the state falls into a broad, general category known as "Class III" waters. This includes drainage ditches, upland cut canals and other manmade features. The Class III designation brings with it the requirements to meet certain minimum water quality standards. In many cases, due to the manmade nature of the waters, such standards are not attainable and are unnecessary to support the practical use of those artificial waters. Conversely, waters, such a springs, require much more stringent protection than is currently 7 required within our classification system to ensure that their fragile biological systems are protected. This system, used over the past 30 years, has been successful in addressing regulatory actions needed to reduce pollutants, but does not effectively address watershed restoration projects. Much has changed over that time frame -science and technology have improved and our restoration efforts should as well. Decisions on water quality standards have huge fiscal implications for the communities that will be asked to use tax dollars to restore water bodies. Therefore, it is critical that water bodies are classified in a way that reflects the actual purpose of the water body, whether it is a ditch, a stream, or a spring - to ensure that our critical waterways are protected and our tax dollars are well spent. 12. There has been a similar recognition at the national level that designated uses and expectations must be revised in order to implement the TMDL program and related environmental management and restoration efforts. In March of 2000 the U.S. General Accounting Office reported on the lack of data and program guidance available to states that are needed to establish water quality standards, identify impaired waters and adopt TMDLs. In October 2000 Congress suspended EPA's implementation of "final" TMDL program rules and later requested that the National Research Council of the National Academy of Science assess the scientific basis of the TMDL program and availability of sufficient data and guidance for program purposes. 13. In response to Congress's request, the "TMDL Committee" of the National Research Council, chaired by Professor Kenneth H. Reckhow, Ph.D., of Duke University, came to several broad conclusions and made recommendations for the use of scientific data and information within the TMDL program. For purposes of this petition, the relevant recommendations are summarized as follows: • The success of the TMDL program should not be measured by the number of TMDLs adopted or the number of NPDES permits issued but rather demonstrated by the achievement of a water body's designated use and use expectations. • States should develop appropriate use designations and expectations in advance of assessment and refine these use designations prior to TMDL development • The Clean Water Act goal of "fishable and swimmable" is too broad as an expression of the designated use; greater stratification of designated use is needed in order to take advantage of the best scientific data and methods of analysis. 14. The TMDL Committee recognized that the TMDL program is dependent on adopting appropriate water quality standards which involves both technical and policy decisions. Establishing appropriate designated uses and use expectations for a state's water bodies is primarily a policy decision that can be "informed by technical analysis." The designated use and use expectation provides the goal for ambient water quality conditions and should be, as the Committee recommended, as specific as possible. Rather than limit the "use" to "recreation" as in Florida's Class III designated use, the more specific or stratified uses could distinguish between beach use, primary contact and secondary contact. Likewise, rather than a use supporting a "well balanced population offish and wildlife," as in Class III, the more stratified uses could support specific aquatic, biological communities. 15. The TMDL Committee noted the need to consider human activities that have altered aquatic ecosystems and to recognize that an appropriate designated use may not be the aquatic condition existing in a water body's predisturbance condition. The decision should reflect a policy consensus based on the current condition of the water body, the predisturbance condition and the cost of achieving the designated use and expectation. These issues have not been addressed in Florida. Finally, the Committee recognized that if water quality standards (including use designations, expectations and criteria) are flawed, all steps in the TMDL process and related environmental management decisions will be affected. An appropriate use designation and expectation together with appropriate criteria is needed prior to TMDL development and implementation. 9 16. In June of 2003 the General Accounting Office (hereafter "GAO") reported to the U.S. House Committee on Transportation and Infrastructure on the need for further EPA guidance to States for the development of Water Quality Standards that will improve the TMDL program. In general, the GAO concluded that more accurate water quality standards are critical in making scientifically based determinations about water bodies most in need of further protection. Without improved standards, including designated uses and use expectations, there is a risk of wasting valuable resources by over protecting some waters and under protecting others. 17. Based on a survey of all 50 states and the District of Columbia, the GAO Report noted the following responses: • Nearly all states reported that further water body use designation changes were needed but have not been made because of inadequate data, resistance from interested and affected groups and uncertainty as to whether use changes will be acceptable to EPA and as to the information needed to support the use changes. • New data collected by states provides compelling evidence that many designated uses are either under-or over-protective. • EPA Headquarters officials acknowledge the needs and have formed a national working group to develop additional guidance on designated use changes. • Improved water quality standards, including use designations and expectations, will result in different impaired waters for TMDL development. 18. On July 7, 1998 the Environmental Protection Agency published in the Federal Register (Vol 63. No. 129) an Advance Notice of Proposed Rule Making seeking comment on issues relating to Water Quality Standards including Use Designations and Use Expectations. EPA noted that: It is in designating uses that States and Tribes establish the environmental goals for their water resources, and it is in designating uses that States and Tribes are allowed to evaluate the attainability of those goals. 10 • In establishing uses and use expectations, together with appropriate criteria to protect those uses, "a State or Tribe often weighs the environmental, social and economic consequences of its decisions in designating uses." The regulation allows the State or Tribe some flexibility in weighing these considerations and adjusting these goals over time. • Appropriate application of this process involves a balancing of environmental, scientific, technical, and economic and social considerations as well as public opinion and is therefore one of the most challenging areas of the current regulation. There is however, a need for the use designation process, whether implementing a general or specific classification system, to clearly articulate and differentiate intended levels of protection with enough specificity so that decision-makers can appropriately develop and implement the standards on a site- or watershed- specific basis and so that the public can understand, identify with, and influence the goals set for the waters they care about. • Lack of precision in uses and criteria assigned to protect those uses can inadvertently result in either a lesser or greater level of protection than was actually intended when the water quality standards were adopted • The Agency's current thinking is that there is a growing need to more precisely tailor use descriptions and criteria to match site-specific conditions, ensuring that uses and criteria provide an appropriate level of protection which, to the extent possible, is neither over nor under protective. 19. Petitioner has estimated that the (capital) costs of implementation of the TMDL program to local governments alone is approximately $50 billion. Programs requiring expenditures of this magnitude must be able to assure taxpayers that each dollar spent is done so in the most effective manner, resulting in significant improvements to Florida's water bodies and the natural environment, and significant improvements in human benefit and use. 20. There can be no doubt that Florida's Designated Use Classifications and Use Expectations do not reflect the recommendations of many State and Federal sources summarized in this Petition nor do they provide an adequate foundation for the difficult decisions needed to adopt numeric nutrient and other 11 criteria for Florida's waters and to fully implement the TMDL program. The Petitioner cannot assure the Environmental Regulation Commission that the Rulemaking proposed in this Petition will be easy. On the other hand, the Petitioner is confident that the benefits of a solid foundation for Water Quality Standards provided by more appropriate Designated Uses and Expectations will justify the effort. In these times of financial stress, it is even more important to demonstrate that the expenditures that must be incurred will be justified by cost effective programs. Respectfully Submitted, The Florida Stormwater Association, Inc. a Kurt A. Spitzer, Executive Director 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RESOLUTION 51-09/FDOT JOINT PARTICIPATION AGREEMENT ITEM BEFORE COMMISSION The item before the City Commission is that of approving Resolution 51-09 authorizing the City's entering into a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT). BACKGROUND At its meeting of September 10, 2009 the City Commission approved the City's entering into JPA 42512119401 for the installation of 12 bus shelters throughout the City. Staff has been advised by FDOT that a resolution must accompany the executed agreements when returned for processing. Resolution 51-09, (attached for your review) is before you for approval.. RECOMMENDATION By motion, approve resolution 51-09. RESOLUTION NO. 51-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORATION FOR FUNDING OF TWELVE SUS SHELTERS AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation Agreement for funding of twelve newbus shelters; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, SE IT RESOLVED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Joint Participation Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the day of , 2009. MAYOR ATTEST: City Clerk SFATE OF f1.ORI0A OEPARTf~1EN-f 6F TRAhF5POR3AT#pN PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 72~g3q-06 PUBLfiC TRAt~7S PpR7A7#flN 06749 Pageiofl4 Financial Project No.: Fund: CPTO 42512919401 Function: 215 item-segment-p ase-sequence Federal No.-~ Contract Na.: CFl?A Number: DUNS No.: 80-939-7102 FLAiFi Category: 0$8$09 Objeei Code: 750098 Org. Code: 55042090429 Vendor No.: VF596000308028 CSFA Number: 55014 THiS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Dolray Beach 900 NW 1st Avenue, Delray Beach, FL. 33444 hereinafter referred to as Agency. The Department and Agency agree that ail terms of this Agreement will be completed on or before and this Agreement will oxpire unless a time extension is provided in accordance with Section 98A0. WITNESSETH: WHEREAS, the Agency Etas the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced franspartation system and is authorized under 349.053 Florida Statutes, to enter into #ttis Agreement. NOW, THEREFORE, inconsideration of the mutual covenants, promises and representations herein, the parties agree as follows: 9.00 Purpose of Agreement: The purpose of this Agreement is Delray Beach Bus Shelters: 92 bus shelters at various locations #hroughout the city. and as further described in Exhibit{s) A, B, C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725-030-68 PUOUC 7RANSPORTATiON fl6f09 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreoment or to undertake the projeck hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, aI[ actions necessary with respect to any such matters so roquisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Depar#ment such dafa, roports, records, contracts and other documents relating to the project as the Department may require as listed In Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ $200,000 .This amount is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4A0 Department Participation:, The bepartment agrees to maximum participation, including contingencies, in the project in the amount of $ $1flfl,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible far State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subjoet to: {aj Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Avaiiabili#y of funds as stated in Section 17.00 of this Agreement; (cj Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement, (d) Department approval of the project scope and budget (Exhibits A & aj at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is Q is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage Q is ~ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 9.00 is to be held in retainage to be disbursed, at the Department`s discretion, on or beforo the comple#ion of the final project audit. 5.00 Project Budget and Payment Provisions: 72&D30-0E PUBiIC TRANSPORFAFION Ofi/69 Page 3 of 14 5.70 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shalt incur oblige#ions against and make disbursements of project funds only in conformity with the Latest approved budget for the project. No budget increase or decrease shalt be of€ective unless it complies with fund par#icipafian requiroments established in Section 4.00 of this Agreement and is approved by fhe Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment wilt begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment wilt be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.74 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by bepartment's program gutdelineslprocedures and "Principles for State and Local Governments", separato accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shalt be made available to the Department upon request any time during fhe period of the Agreement and for three years after final payment is made. 7,20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member o€ the Federal Deposit Insurance Corporation, all payments received by it from the Departmont pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which bepartment payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of projec# funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds Lay the Department, by the deposit or setting aside of collateral of fhe types and in fhe manner as prescribed by State Law far fhe security of public funds, ar as approved by the Department, 7.30 Costs Incurred for the Project: The Agency shall charge to the project accaun# all eligible costs of the project. Costs in excess of the latest approved budget or attributable #o actions which have not received the required approval of the Department shelf not be considered eligible casts. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency ar others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by fhe Agency with respect to any ifem which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on fie in the office a€ the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents per#aining in whale or in part to the project shall 6e clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitarfig procedureslprocesses deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by tho State Comptroller ar Auditor General. The Agency shaft retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the dafe the audit report is issued, and shall allow the department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any stake agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Fxhibit "D" attached hereto and by this reference made a part hereof this Agreement. 7z~-oso-gs PUBLIC TRANSPQRTATION osros Page 4 of 14 7.61 Monitoring: to addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, andfor other procedures. The Agency agreos fo comply and cooperate fully with any monitoring procedureslprocesses deemed appropriate by tho Department. In the event the Department determines that a limited scope audit o€ the Agoncy is appropriate, the Agency agrees to comply with any additional instrucfions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Offce of Inspector General (O1G} and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, focal government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annua! audit criteria will apply: 1. In the event that the recipient expends $504,400 or more in Federal awards in its fiscal yoar, the rocipionf must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipiont snail consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revisod. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of Phis part. 2. In connection with the audit requirements addressed in Part f, Paragraph 1., the recipient shat[ fulfill the requirements relative fo auditee responsibilities as provided fn Subpart C of OMB Gircutar A-133. 3. If the recipient expends Tess #han the amount in Part 1, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, fhe following annual audit criteria will apply: 1. In the even# that the recipient expends a total amount of state financial assistance equal to or in excess of $500, flfl4 in any f[scal yoar, the recipient must have a State single or project-specifte audit for such fiscal year fn accordance with Section 215.87, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental ontities) or 10.650 {nonprofit and for-profile organizations), Rules of the Auditor Generaf. Exhibit "D" to #his agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shalt consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State frnanciai assis#ance does not include Federal direct orpass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with tho audit requirements addressed in Part fl, Paragraph 1., the recipient shall ensure that fhe audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting pacEcage as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 14.550 (focal governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of fhe Auditor General. 3. If the recipient expends less than the amount in Par# li, Paragraph 3., such audi# is not required. If fhe recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources ob#ained from nonstate entities. 4. State~awards are to be idea#ified using fhe Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of tho state agency awarding it. 725-930-06 PUBLIC TRP.i~FSPORTATION Ofi199 Page 5 of 34 Part III Other Audit Requirements 4. The Agency shall fallow-up and take corrective action on audit findings. Preparation of a summary schedule of prror year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require correctivo action and status of findings. 2. f2ecords related to unresolved audit findings, appeals, or litiga#ion shah be retained anti! the action is completed ar the dispute is resolved. Access to projeck retards and audit work papers shall be given tv the Department, the Depar#ment Comptroller, and the Auditor General. This section does not limi# the authority of the Depar#ment to conduct or arrange for the conduct of additions[ audits or evaluations of state financial assistance or Iimi# the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-933, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-933, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses; B. The number of copies requirod by Sec#ions .320 (d)(1 }and (2), OMB Circular A-4 33, submitted to the following address: ' federal Audit Clearinghouse Bureau of the Census 1201 East 40th Street Jeffersonville, IN 47132 C Other federal agencies and pass-through entities in accordance with Sections .320 (e}and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7,62 Part i of this Agreement and conducted in accordance with OMB Circular A-133 is no# required #o be submit#ed to the Department for reasons pursuant to section .320 (e)(2j, OMB Circular A-133, the recipient shall submit the required written notifeation pursuant to Section ,320 (e)(2) and a copy of the recipient's audited schedule of expendi#uees of Federal awards directly to each of the foilowing: !n addition, pursuant to Section .320 (fj, OMB Gireular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any martagemant letters issued by the auditor, to the Department at each of the following addresses: 725-03p-p6 PUBLIC 7F2ANSPOR7A71pN Q6103 Page & of 14 Copies of financial reporting packages required by Section 7.62 Part ll of this Agreement shall be submitted by or on behalf of the recipient directly to each of the fallowing: A. The Department at each of the following addresses: B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 191 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management le#ter required by Section 7.62 Part ill of #hfs Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shah be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities} ar 10.650 (nonproft and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financia! reporting packages to fhe Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (focal governmental entities} or 10.650 (nonprofit and for-profit organiza#ions}, Rules of the Auditor General, should indicate fhe date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. - - 7.63 Record Retention: The Agency shall retain suffrcienf records demonstrating its compliance with the terms of this Agreement far a period of at feast five years from the date the audit report is issued, and shat[ allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the. Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and far five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant`s general accounting retards and the project records, together with supporting documents and records, of fhe contractor and a]! subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any signifcant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audf# package to the Department a plan for corrective action to eliminate such audit fndings or a s#atement describing the reasons that corrective action is not necessary. The Agency shah #ake timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 72Sa30-a6 PuOLtC TRANSPORTATION acres Page 7 of 14 7.6,5 insurance: Execution of this Joint Parficipation Agreement constitu#es a certification #hat the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, tho Agency shad either replace tho oquipment or facilities or reimburso the Department to the extent of its interest in the lost equipment or facility, In the event this Rgreement is far purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: !n order to ab#ain any Department funds, the Agency shall Pilo with the Department of Transportation, District Four Public Transportation OfiECe 3~i00 W. Commercial Blvd, Fort Lauderdalo, , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 invoices for fees or other compensation for services or expenses shalt be submitted in detail suffrcient for a proper preaudit and postaudit thereof. 8.12 invoices for any travel expenses shall be submi##ed in accordance with Chapter 112.061, F.S. The Department may establish rates lower Phan the maximum providod in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a} the date the Agency acquirod the real property, (b} a statement by tho Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c} a sta#ement by tho Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation afi occupants was accomplished in compliance with ail federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations; Subject to other provisions hereof, the Department will honor such roquisitions in amounts and a# times deemed by the Depar#men# to be proper to ensure the carrying out of the project and payment of the eligible casts. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.29 Misrepresentation: The Agency shag have mado misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, ar in or with respec# to any document or data furnished therewith or pursuant horeto; 8.22 Litiga#fon: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreoment, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreoment, requires tho approval of the Department or has made related expenditures or incurred related obligations without having been advised by tho Department that same are approved; 8.24 Conflict of Interes#s: There has been any viola#ion of the conflict of interes# provisions contained herein; Or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreemen#. 8.26 Federal Participation (lf Applicable}: Any federal agency providing federal financial assistance to the project suspends or terminates federal financial ass'rs#anco to the project. En the event of suspension or termination of federa! financial assistance, the Agency will reimburse the Department for ail disallowed casts, including any and all federal financial assistance as detailed in Exhibit "B." 725P30-06 PUBLIC TRAiJS PCRTATI~N OS7g9 Page 8 of i4 8,30 [)isallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to fhe effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: ]f, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant fo this agreement, fhe Department may offset such amount from payments due for work or services done under any public #ransportatian joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60}days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9,00 Termination or Suspension of Project: 9.10 Termination ar Suspension Generally: !f the Rgency abandons or, before completion, finally discontinues fhe project; or if, by reason of any of the events or condi#ions sot forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to fhe Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resuRing in such suspension has ceased ar been corrected, or the Department may terminate any or aft of ifs obligations under this Agreement. 9.11 Action Subsequent to (notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shat[ proceed promptly to carry out the actions required therein which may include any or all of the following: (1 j necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as maybe required or desirable fo keep to the minimum the costs upon the basis of which the financing is #o be computed; (2} furnish a statement of the project activities and contracts, and other undertakings fhe cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the lepartment to be due under the provisions of the Agreement. The termination or suspension shall be carried out inconformity with the latest schedule, plan, and budget as approved by fhe Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget wi#hin a reasonable time. The approval of a remittance by fhe Agency or fhe closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, let#ers, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10,00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project casts payable from fhe project account is made, fhe Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's au#harized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Dxcept as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project wi#hout the written approval of the Department. Failure to obtain such approval shall be suffrcient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and fo approve or disapprove the emplaymen# of the same. 725-630-Ofi PUBLIC iFL4iVS PORiAiION 05!69 Page 9 of i4 12.20 Compliance with Consultants' Competitive l~tegotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture ar surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Compe#itive 1Vegotiation Act. At the discretion of the Department, the Agency wilt involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency`s Attorney shall certify to the Department that selec#ion has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: it is the policy of the Department #hat disadvan#aged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whale or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in fhe performance of cantrac#s and this Agreement, In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 fled under this section to the Department within 30 days of receipt by fhe Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agenoy shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take aff[rmative action to ensure that applicants are employed, and that employees are treated during employment, without regard fo their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited fo, the following: Employmenk upgrading, demo#ion, or transfer, recruitment or reeruitmen# advertising; layoff or termination; rates of pay or other forms of compensation; and selection far training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show fhe particular contractual relationship in ail its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such aontractors #o insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies ar raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shalt post, inconspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI K Civil Rights Act of 1964: i=xecutian of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vl of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et, seq.),.the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Aarticipation Agreement constitutes a certification that the Agency will comply with all fhe requirements imposed by Title VIlI of the Civil Rights Rct of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age, 13,40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitu#es a certification that the Agenoy will comply with aN fhe requirements imposed by the ADA (42 U.S.C. 12182, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuan# thereto. 725-Q30-OB PVB41C TRANSPORTAl10N 06x08 Page 16 of 14 13.50 Prohibited interests: The Agency shall not enter into a contract or arrangement in connection wi#h the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee`s spouse or child, or any combination of them, has a material interest. "Material interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangemen# in connection with the project or any property included or planned to be included in the project, with any person or entity who was represen#ed before the Agency by any person who at any time during the immediately preceding two years was an officer, director or empioyee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its f[scai depositories, any agreement for utility services the rates for which are fxed or con#rolled by the government, or any agreement between the Agency and an agency of state government. 13.ti0 Interest of Members of, or Delegates to, Congress: ~fo member or delegate #o the Congress of the United States shaii be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14,10 Environmental Pollution: Execu#ion of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with alt appiicabie environmental regulations including the securing of any appiicabie permits. The Agency will be solely responsible for any liability in the event of non-compliance with appiicabie environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.2p popartment Not Obligated to Third Parties: The Department shaii not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Nof Waived: In no event shaii the making by the Department of any payment to the Agency constitute or bo construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shaii in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default, 94.40 Flow Agreement [s Affected by Provisions Being Held invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shaii not be affected. In such an instance the remainder would then con#inue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not #o pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.110 State ar Territorial Law: Nothing in the Agreement shaii require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contraven#ion of any applicable S#ate law: Provided, that if any ofi the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible wi#h the project. ~zs-oso-0a PUBLIC TRANSPOR7A7~DN Q8169 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees That the project facilities and equipment will be used by the Agency to provide or support public transportafian for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the bepartment. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility ar equipment far public transportafion use, the Agency will comply with the Perms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the dispose! of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided 6y ]aw, the Agency shad indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, ar employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, ar_.negiigenf act by the Department ar any of its officers, agents, or employees during the performance of the Agreement. Tlie limits andino~~iitt~yl~ierein~sa~iag'1~C~ieddeemeed ai~aivereo~~~~ie~Ag~ency4sisovereatgneimmun~~y768.28 When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim fo the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether fo require the participation of the Agency in the defense of the claim ar fo require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its awn expenses for fhe evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at Trial, that party is responsible for all expenses at trial. 15,00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, fhe Agency shall submit to the Department for approval all appropriate plans and specifcations cover€ng the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of fhe project and comments or recommendations concerning any . remainder of the project deemed appropriate. After resolution of These comments and recommendations to the lepartment's satisfaction, the Department will Issue #o the Agency written approval with said remainder of the project. Failure #o obtain this written approval shall be sufficient cause for nonpayment by fhe Depar#menf as provided in 8.23. 16.DD Project Complotian, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place an the Agency facility, that adequate tide is in the Agency and that fhe project is accepted by fhe Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida`s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 72S4Y30-6fi PUBLIC TRANSPORTATION 05168 Page t2 of A4 17.20 Multi-Year Commitment: In the event this Agreement is in excess of X25,©04 and has a term for a period of more than one year, fhe provisions of Chapter 339.135(6)(a}, F.S., are hereby incorpora#ed: "(a) The Department, during any fscai year, shaft not expend money, incur any liability, or enter into any con#ract which, by its terms involves the expendi#ure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitmen# of funds. Nothing herein contained shall provont tho making of contracts for periods exceeding 1 year, buk any contract so made steal( be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are far an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees fa complete the project on or before 11I30f2411 if the Agency does not complete the project within this time period, Phis Agreement will expire unless an extension of tho time period is requested by the Agency and granted in writing by the Director of Transportation Development .Expiration of #his Agreement will be considorod termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice; The Agency must submit the final invoice on this project to the Departmont within 124 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will nat be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in tho plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement maybe simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by ar on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any fedoral contract, the making of any federal grant, the making of any federal loan, the entoring into of any cooperative agreement, and the extension, continuation, renewal, amendment or modifrcation of any foderal contract, grant, loan or cooperative agreement. if any funds other than federal appropria#ed funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Rgreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Farm to Report 1.abbying," in accordance with its instructions. The Agoncy shall require that the language of this section be included in the award documents far all subawards a# all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that a!I subrecipients shall certify and disclose accordingly. 21.20 State: fVo funds receivod pursuant to this contract may be expended for lobbying the Legislature or a state agency. 72030-06 PUBLtC 7RANSPOF27A710Lf 08709 Pagfl S3 of 14 22.00 Vendors Rights: Vendors (in this document ides#ified as Agency) providing goods and services to the Dapartmont should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve fhe goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financia! Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. if a payment is not available wi#hin 4Q days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition #a fhe invoice amount to the Agency. Tho interest penalty provision applies after a 35 day time period fo health care providers, as def[ned by rule. Interest penalties of less than one (1) dollar will not bo enforced unloss fhe Agency requests payment. invoices which have to be returned to an Agoncy because of vondor preparation errors will result in a delay in the payment. Tho invoice payment requirements da not start until a properly completed invoice is provided to the department. A Vendor Ombudsman has bean established within the Department of Financial Services. The duties of this individual include acting as an advocate far Agencies who may be experiencing problems in obtaining #imely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: 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 s, 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract #o 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. 725-63f7-CB PUBLEC TRANSPORTATION 46Ig9 Page 14 of f4 Financial Projec# No. ~ ~5 ~ ~ ~"~ ` ~~' ~ Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY AGENCY NAME FDQT See attached Encumbrance Farm for da#e of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED} SIGNATURE LEGAE. REVIEW DEPARTh7ENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Dir~C~o~' o-~ Trul~spor~~.~itN~..__~eu~lc~~it~~nf TlTL.E T1TLE ~ FM NO. 425121-1-9401 CONTRACT NO. AGREEMENT DATE: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain mint Participation Agreement between the State of Florida, Department of Transportation and Cit~ay Beach PROJECT LOCATION: In the City of Dehay Beach, FL PROJECT DESCRIPTION: Delray Beach Bus Shelters: 12 new bus shelters at various locations throughout the City, inchtding but not limited to, ??ederal Highway, Congress Avenue, Military Trial, SE 10't' street and Linton Blvd. Installation of bus shelters has been shown to increase rider ship and provide comfort to passengers currently using Palm Tran. SPECIAL CONSIDERATIONS BY AGENCY: The audit report{s) regttired in paragraph 7.60 of the Agreement shall include a schedule ofproject assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local finding action and the funding action fiom any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT; Upon receipt of an invoice from the Agency, the Office of Modal Develaprnent has (10) ten working days to inspect and approve the goods and services where working days is defined as any day of the week excluding Saturday, Sunday and any legal as designated in Section 110.117, Florida Statutes, S:lOh91]1~834 TransitlMisc. JPA f©rmsiJPA Exltibits.doc FM NO. _425121-1-94-01 CONTRACT NO. AGREEMENT DATED: EXHIBIT "B" PROJECT BUDGET This exhibit foz~ns an integral part of that certain Joint Participation Agz•eemezzt between the State of Florida, Department of Transportation and City of Delray Beaeh. I. PROJECT COST: X200,000 II. PARTICIPATION: Agency Participation In~Kind Cash (City of Delray Beacli) Other (CRA) ( 0%) $0 ( 50°/a) or ~ 100,000 ( 0%) ~0 Maximum Department Participation, Primary (DS} (DDR) (DIM}(PORT)(DPTO} ( So°i°) or $ 10a,ooo Federal Reimbursable (DU)(CM)(DFTA} ( %} or $ Local Reimbursable (DL} ( %} or ~ TOTAL PROJECT COST $200,000 FM NO. CONTRACT NO. 4251.21 ~ 1-94-01 AGREEMENT DATED; EXHIBIT "C" This exhibit fo~7ns an integral part of that certain Joint Participation Agreement beriveen the State of Florida, Department of Transportation and City of Delra, B~. Reference statute(s) as applicable: Section 341.053, Florida Statutes DOCUMENTS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY THE AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT: 1. All proposals, plans, speci~catians, and 3`d party contracts covering the project for Departmental approval. 2. Copies of all correspondence related to this project, Audit Reports as described in Section 7.60 of this rPA. 4. rrarte~~ly P~~o,~~ess Reports urovrded ~vitlai~x thirty ~3D), clays of Plae e~td of the ucrl crtet.• ~~~. 5. Three (3) original Invoice Summaries and backup i~~formation including a progress report must be submitted to the District Office ~,vhen requesting payment. EXHIBIT D STATE AGENCY; FDOT FM# 425121-1-9~-01 CSFA #: 55.014 TITLE: Iutermodal Development Program ANrOUNT: $ 100,000.00 AUTHORIZATION: Section 34j..053, ~lor~~a Statutes COMPLIANCE REQUIREMENTS: Restrictious• Projects funded under the program should be consistent to the maximum extent feasible with approved local government comprehensive plans for the unit of government in which the project is located. Projects are also identified through legislative proviso. No single transportation authority or single fixed-guide way transportation system receiving funds under the Intermodal Development Program is to receive more than 33 1{3 percent of the total intermodal development funds appropriated between July 1, 1990, and June 30, 2015. Application Pracedures: District Offices consult with appropriate Metropolitan Planning Organizations in urbanized areas, or Boards of County Commissioners in non-urbanized area, to identify projects that may be eligible for Tntermodal Development Program funding. For each candidate project an Intermodal Project Description is prepared. Application procedures are described in the work program instructions and are established by each District, Award Procedures: District personnel are responsible for the review and approval of the intermodal projects selected for annual formula funding. Iufor~uation Contact: Department of Transportation Public Transportation Office 505 Suwannee Street, Mail Station 68 Tallahassee, 1=L 32399-0450 Phone: (850) 414-4551 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: September 10, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 CONTRACT CLOSEOUT (CHANGE ORDER N0.2/FINAL)/BRANG CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of ($45,667.42) and final payment amount of $4,749.10 to Brang Construction, Inc. for the completion of the Old Germantown Road Sidewalk Improvements Project #2006-066. BACKGROUND The project consisted of clearing and grubbing, construction of concrete sidewalk, and construction of new swales. Change Order No. 1 consisted of additional work required to add three (3) bus shelter pads on Germantown Road. Change Order No. 2 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #660599 to funding account 334-3162-541-68.34 (General Construction Fund/Other Improvements/Germantown Rd. Sidewalk). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2 /Final) in the net deduct amount of ($45,667.42) and final payment amount of $4,749.10 to Brang Construction, Inc. for the completion of the Old Germantown Road Sidewalk Improvements Project. CITY OF DCLRAY BIJACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2fFlnal (Contract Closeout) PROJECT NO. 2006-OG6 DATE: PROJECT TITLE: Old Germantown Rowel Sidewalk Improvements TO CONTRACTOR: Bring Construction, Iuc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO P):RFORM THE WORK ACCORDINGLY, SUBJECT "I'O ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the at#ached Schedule "A". SUMMARY OF CONTRACT AMOUNTlGHANGI:S ORIGINAL. CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CI-IANGhS THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER -33.31 TOTAL PERCENT DECREASE TO DATE -30.70% $137,OG5.00 $ 3,584.47 $140,649.47 $ 94,982.05 CERTIFIED STATEMENT: I Hereby certify that the supporting cast data included is, in my considered opinion, accurate and that the prices quoted a'•e fair and reasonable. Bring Construction, Lic, (Contractor to sign & seal) TO BE FILLED OUT BY DEPAR~`MENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services CERTIFIED BY By: Finance Director APPROVED: City Attorney ATTEST: By: City Clerk S:4EngAdmintProjects1209652d°6-fl66',OFF1C[~1L1CO 2 Final Flrang Germantouzi Rd. Sidzwalks GC °922°9.dacs TO CIIAN(yT; ORDER \r0.2 / FINAI, {COR'I'Ite1 CT CIASI;OUT] 13ItANG CONSTRUCTION, I\rC. OI.D G~R~lIANTO~VN ROAD SIDU'P4'AI.IC Ti1iI'RO\'1;~11NT5 PIN 2006-OGG CONTRACT AWARD CONTRACT TO DATE: ITEM DESCRIPTION UNIT NO EST' UNIT PRICE TOTAL ACTUAL UNIT PRICE 1=XTfNpE:D QUANT ADJ. QTY. QTY. TOTAL PRICE +! - I Mobilization LS I $ S,000.DO $ S,DOD.OD 1 $ 5,OOD.DO $ 5,DOa.00 $0.00 2 Maintenaace of Traffic LS I $ 2,000.00 $ 2,OOD.00 1 $ 2,000.00 $ 2,000.OD $O,DO 3 Clearing & Grubbin LS 1 $ 12,006.00 $ 12,000.00 1 $ 12,OOD.DO $ 12,OOD.OD $O.DO 4 4" Thick - 5' Wide Concrete Sidewalk 1.F 4,200 $ 11.00 $ 46,200.00 3,768 $ 11.00 $ 4#,459.00 $4,741.00 5 Ai~A Ramp 7" Thick Sidaualk ~ 6" Thick Drirewa SF 1,522 $ 8.00 $ 3,132.00 1,122 $ fi.00 $ 6,732.00 $2,400.00 6 Swats Gradin & Sodd[n SY 3,841 $ 3.00 $ 11,523.00 4,647 $ 3.DD $ 13,841.OD $2,418.D0 7 Adlrstment Valves Boxes I:A 2 $ 100.00 $ 200.00 2 $ 100.00 $ 200.00 $O.OD 8 Relocation Pire Ii ~drant EA I $ 2,600.00 $ 2,000.00 D $ 2,OOD.00 $ - $2,000.00 9 Ya~ement marking S; Signage LS I $ 2,OOD.OD $ 2,000.00 1 $ 2,OOD.00 $ 2,OOD.OD $D.DD 10 tTtilit ~ Allowance LS E $ 15,x60.00 $ 15,0OO.OD 0 $ 15,060.00 $ - $15,Da0.00 I I Landsca a Allosr~aucc- i3reakdown t3elow LS 1 $ 15,000.66 $ 15 000.00 6.494 $ 15,000.06 $ 7,409.35 $7,590.65 Add'I. imported Fill required to meet the requirement ofswale depth sad slope; grading of LS - - - 3 $ 5,870.00 $ 5,870.00 - swales and north sidc of sidewalk. Add'I. 17 LF of curbing added behind one of the LS _ _ # $ 889 75 $ 889 75 Ious shelters to resolc-e an elevation issue. _ . . - Add'1. 8 ft. of Type F Carb for curb/ramp modifications required to connect the new LS - - - 1 $ 849.6a $ 849.60 - sidawafk to the existing sidewalk. Irrigation Allowance - Restoratien of the frrigatioa 12 system to include piping rzpairs and rzstoratiou at LS 1 $ 15,Ox0A0 $ 15,000.00 0.036 $ 15,DOOAO $ 537.84 ($#4,482.18) Va[eitcia Canrt. 13 VidcoAllawance LS I $ 2,000.00 $ 2,xOD.aO 0.054 $ 2,000.x0 $ #os.3s $1,891.61 t4 4cdzmnit7calion LS 1 $ 10.00 $ 10.00 1 $ 1D.00 $ 10.00 50.06 $137,065.00 $91,337,58 ($45,667.42} TOTAL ORIGINAL CONTRACT AWARD Change Order i~lo. I -Addl. work required to add LS " " 1 $ 3,589.47 $ 3 584.47 1 $ 3 584.47 $ 3,584.47 $O.OD 3 bus slreller pads on Gennansow~n Itd. , , $140,649.b7 $94,982.DS {$45,667.42} FINAL GRAND TOTAL AINDUNTS Original Contract Award Prevlousiy Approved ChanOes Total Award/Approved to Date Final Contract to Date $137,065.00 $3,584.47 $140,649.47 $84,982.06 CHANGE ORDER NO. 21 FINAL $ (45,667.42] Page 1 of 1 uru~ i - ~a' ~ n p... {i ~ t ~ cu~u _ _ _i_~.........._ ~' w z a n a .. s. i9m ~ ~ d cola ~-ae ..... ..... ..... ..... ..... ..... ..._ ~ ..._ s N .~~ U .~ O 0 0 U ~ CITY of DELRAY BEACH OLD GERMANTOWN RD DATE:O5/11/2009 ~~d ENVIRONMENTAL SERVICES DEPARTMENT SIDEWALK IMPROVEMENTS LOCATION MAP 41b O©p 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 2006-066 1 OF 1 is L I N TON B O U L E V A R D 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: September 11, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 CONTRACT CLOSEOUT (CHANGE ORDER N0.3/FINAL)/ROSSO PAVING & DRAINAGE, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 3/Final) in the amount of $3,240.37 and final payment amount of $28,749.91 to Rosso Paving and Drainage, Inc. for the completion of the Homewood Blvd. Bicycle Lanes Road Widening Project #2004-049. BACKGROUND The project consisted of the construction of bicycle lanes at Homewood Boulevard between Lowson Boulevard and West Atlantic Avenue. On April 7, 2009 Commission approved Change Order No. 1 in the amount of $29,885.80 for the adjustment to the centerline of the road to a standard configuration that coincides with the new centerline of travel lanes. On June 2, 2009 Commission approved Change Order No. 2 for the relocation of a sidewalk due to a steep drop off; to include additional excavation, grading, and surveying. Change Order No. 2 was a "zero" dollar change order; the cost of $1,500.00 was paid from the contract's General Allowance. Change Order No. 3 includes plus and minus quantity adjustments. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Funding is available from 334-3162-541-68.46 (General Construction Fund/Other Improvement/Homewood Blvd. Bikepaths); after budget transfer. RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 3 /Final) in the amount of $3,240.37 and final payment amount of $28,749.91 to Rosso Paving and Drainage, Inc. for the completion of the Homewood Blvd. Bicycle Lanes Road Widening Project. CITY OI+ DELRAY I31;ACH CHANG>J ORD1;R TO ORIGINAL CONTRACT CHANGE NO. 3lFiual(Contraet Closeout} PROJECT NO. 2004-049 DATE: PROJECT TITLE: Homewood I3Ivd. Bicycle Laues Road Widening TO CONTRACTOR: Rassa Paving & Drainage, Inc. YOU AR(: HEREBY REQUESTED TO MAKE TIIE FOLLOWING CHANGES IN THG PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULA'T'IONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRAC'T' AMOUNT $ 480,2I7.00 COST OF' CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 2~9 _8_85,,.80 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 510,102.80 COST OF' CONSTRUCTION CHANGES THIS ORDER $ 3,240.37 ADJUSTED CONTRACT AMOUNT INCLUDING 'T'HIS CHANGE ORDER $ 513,343.17 PERCENT INCREASE TI~IIS CHANGE ORDER 0.67% TOTAL PERCENT INCTLEASE TO DAT}a 6.89% CERTIFIED STATEM£;NT: I hereby certify that the supporting cost data inch~ded is, in my considered opiniol>, accurate and that the prices quoted are fair and reasonable. Rosso Paving & Drainage, Inc. (Contractor fa sign ~. seal} TO BE FILLED OUT I3Y DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: #334-3162-541-68.46 DEPARTMENT Environmental Services DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED; City Attorney FUNDING 13y: Mayor ATTEST: By: City Clerk S:STngAdmin~Projects126°-F126P-€-6i9lOFFtC'[.1L?CO 3 Rosso Ifome~vood Bike Lane GC °922D9.doc~c CERTIFIED BY TO CIIANGT ORD11R NO.3 / I<i\~iL (CONTRACT CLOSI;O[1T} ROSSO PAVING & DI2AINAGI;,INC, HOlIIJ1V001) I3LYll, I3IC1'CI.C I,AN~S ROAD ~VIDI;NING PN 2©4~I-©~i9 CONTRACT AWARD CONTRACT TO PATE ITENE DESCRIPTION UNIT NO. ~ EST. CE N ACTUA PRICE E.XTENDi=p QUANTApJ. Q,11, U IT PRI TOTAL L QTY. UNIT TOTAL PR1CE +f - 1 Mobilizailon LS 1 S 15 940.00 $ 15,540.00 1 $ 15 84D.OD $ 15 94D.00 $0.44 2 Maintenance of Traffo L5 1 $ 8 935.40 $ 8 935.00 1 $ 8 935.00 $ 8 935.00 $0.04 3 Clearin & Grubbin L5 1 $ 32 312.00 $ 32 342.00 1 $ 32 312.00 $ 32 312.00 $0.40 4 1 112 T e S-III As halt wldenin SY 4 560 $ 12.05 5 54 948.00 4 q02 $ 12.05 $ 53 044.10 $1 903.30 5 8" Limerock Base Widenin SY 4 580 $ 15.15 $ 69 084.00 9 813 $ 15.15 $ 72 916.95 $3 832.95 B 12"Stabilized Su rade Widenin 5Y 4 560 $ 8.50 $ 36 760.00 4 813 $ 8.50 $ AO 910.50 $2 15D.59 7 1" T e 5.111 As halt Overfa SY 14 500 $ 8.35 $ 92 475.00 18 523 $ 8.35 $ 117 621.05 $25 546.05 8 5' Wide Concrete 4"Thick Sidewalk LF 4 338 $ 18.40 $ 69 408.00 4134 $ 16.00 $ BB 080.00 $3 328.OD 9 ApA Ram 6"Thick Sidewalk SF 544 $ 14.75 $ 5 805.04 546 $ 10.75 $ 5 439.54 $365.50 14 Swale Gradln & Soddin SY 7 30D $ 3.45 $ 25 165.00 7 890 $ 3.45 $ 27 220.50 $2 035.50 11 Valves BoxAd'ustment f=A i3 $ 295.00 $ 3,835.00 17 $ 295.D0 $ 5415.D4 $1180.00 12 Fife H drants EA 2 $ 2 D04.40 $ 4 400.04 2 $ 2 OOO.D4 $ 4 000,00 $4.00 13 Pavement N€arkin & Si na e LS 1 $ 12 920.00 $ 12 920.00 1 $ 12 920.6D $ 12 92D.60 $4.00 14 Irri atlon Allowance -Breakdown Below LS 1 $ 15,000.00 $ 15 000.00 0.846 $ 15 OOD.00 $ 12,082.77 $2,917.23 Restoration of the fawn sprinkler system at the LS - - - 1.400 $ 2,835.44 $ 2,$35.00 - entrance to the Clear6rook Community. Restoration of the lavm sprinkier system at the LS - - - 1.400 $ 5,440.40 $ 5,444.40 - Woodlake Community. Restoration of the lavm sprinkler system at the LS _ _ .. 1.400 $ 1,404.27 $ 1,4D4.27 - Lago Del Ray 8 Community on Homewood Blvd. Restoration of the favm sprinkler system at the LS _ _ 1.400 $ 2,245.00 $ 2,205.00 - tago pet Ray North Gommunify. Restoration of the favor spdnkier system a€ the LS - - - 1.OOD $ 367.50 $ 367.50 - Lago Del Rsy 3 (Tennis Court} Community. Add'I, scope required; the instaliation of a battery operated timer to operate the sprinkler system; as LS - - - 1 A00 $ 231 AO $ 231.00 - paR of the restoration of the lawn sprinkter system at the Lago Del Rey 3 (Tennis Court} Community. 95 Utili Allowance LS 1 $ 15 000.40 $ 15 004.4D 0.400 $ 15 400.00 $ $15 000.00 16 UdeoAllowance LS 1 $ ~ 2 OOO.OD $ 2 OD4.4D 4.35D $ 2 OOOAO $ 700.00 $1 306.06 17 General Allowance -Breakdown Below LS 1 $ 15,OD0.00 $ 15 000.60 1 $ 15,400.00 $ 8,310.00 $6,680.00 Additional work required to refocale sidewalk; remove existing landscaping matsrisl, relocate exsting boulder; fill, greding, and compaction; due LS - - - 1.400 $ 1,500.40 $ 1,540.44 - to existing ground elevation and sleep drop off sidevralk edge Additional milling required, vrhich was not anticipated, to achisve the proper contour; due to LS - - - 1.400 $ 4,540.40 $ 4,540.40 - 1he re-establishment of the crown (n the neva center of the roadway. Additional work required for the installation of €urn lane striping on Highland Ave.; vfiich was not LS - - - 1.400 $ 2,310.DD $ 2,310.00 - inctuded in the tans. 18 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 14.00 $ 14.00 $0.00 $480,217.00 $463,457.37 $3,240.37 TOTAL ORIGINAL. CONTRACT AWARp Change Order Na. 1 - Add'I. work required to adjust the centerline of Homewood Blvd., for the LS t $ 29,885.64 $ 29,885.80 1 $ 29,885.80 $ 23,885.86 $D.04 shifting of the crown, which was not Included in the plans. FINAL GL2AND TOTAL AMOUNTS $510,102.80 $513,343.17 $3,240.37 Page t of 2 SCHEllUI,I; "A" TO CIIAATGE ORDER \'O, 3 / ItiINAI. (CONTRACT CLOSEOUT) kOSSO PAVING & DRAINAGE, I\TC, iIOIIESVOOD IILVD. IjICI'CLE LANES ROAll ~1'IDI;1\'ING PN 20ad-049 prtgtnat Contract Award $480,217.00 Previously Approved Changes X29,885.80 Total AwardlApprovad to i]ate $51p,102.80 Final Contract to Date $513,343.17 CHANGE ORDER NO.31 FINAL $ 3,2A0.37 " Changa order Ho. 2: The cost of CO fJ2, $9,5(f0.t}Q, was paid from the Genera! Nfovlance sine item; therefore if did not change the contract amount Page 2 of 2 . ,,, ~ t ~~ ~~. ~m ,.~~~ t VENUE nxx~ t Ax v.nF.rv.nxxr. N T ylm C wxx W ~ ~ ~ ° ~ ~; T L ~ S . R , a 0 & ) 1~ ^ r nnn. a a w J xxxxx xxxxruvv. 3 ~ ~? O ~ m - W © ~- o Q o ~ 3 w N w ~ ~ ~ Z w p w ~ _ ~ Z Q _~ ~ <VS„' €~~' iQ!'r ~C?r x~ ~Z} ~\ / ~ = O _ \~~~ Y~ r Urxxxxxxxxxxx mmmmmmmmmmmmmmmmmmmm~~~~~~~~~~~~~~~~~~~~~ L O W S O N B O U L E V A R D r ~; r .xxxxx, xxxxxxx~ L I N T O N B Q U L E V A R D CITY of DELRAY BEACH EXHIBIT A oni~~u-a~=~ao ENVIROMIENTAL SERVICES DEPARTM6VT HONIEVYOOD BLVB. - LOYVSON BLVD. TO A1LAN11C AVE. ~ooae~ x,b~ 44t SOl1IM SWN71~N AV~A~ OdlIAY ~Ad{ Rawcw am4ss 2004-049 ~ 0 f ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director Public Utilities Richard C. Hasko, P.E.; Environmental Services Director THROUGH: David Harden; City Manager DATE: September 10, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 CONTRACT CLOSEOUT (CHANGE ORDER NO.1/FINAL)/INSITUFORM TECHNOLOGIES, INC. ITEM BEFORE COMMISSION Request City Commission to approve a Contract Closeout (Change Order No.l/Final) in the net deduct amount of ($42,900.00) and final payment of $6,515.00 to Insituform Technologies, Inc. for completion of the lining of the abandoned 16" force main under the Intracoastal Waterway. The pipe is to be used as a reclaimed water transmission main to the barrier island. BACKGROUND On June 16, 2009 Commission approved the award of contract to Insituform Technologies, Inc. in the amount of $173,010.00 for lining anabandoned 16" force main under the Intracoastal Waterway in conjunction with the Area 11A Reclaimed Water System expansion project to provide reclaimed irrigation water to the barrier island. The scope of work included mobilization, dewatering, set-up, pipe lining, demobilization, and site restoration. The project is complete and all closeout documentation has been received. Change Order No.l encompasses final plus and minus quantity adjustments and liquidates the residual from the contingency allowance. All the changes for the project are itemized on the attached Schedule "A". FUNDING SOURCE Residual funds to be liquidated from Purchase Order #660598 to funding account 441-5181-536-65.96, Water and Sewer Fund/ Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No.l/Final) in the net deduct amount of ($42,900.00) and final payment amount of $6,515.00 to Insituform Technologies, Inc. for completing the lining of the abandoned 16" force main under the Intracoastal Waterway. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 /Final (Contract Closeout) PROJECT NO. 2009-037 DATE: PROJECT TITLE: Pipe Lining of 16-inch Subaqueous Intracoastal Crossing TO CONTRACTOR: Insituform Technologies, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $173,010.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $173,010.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($42,900.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $130,110.00 PERCENT DECREASE THIS CHANGE ORDER -24.8% TOTAL PERCENT DECREASE TO DATE -24.8% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Insituform Technologies, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:~EngAdmin\Projects~2009~2009-037AOFFICIAUCOL Final Insituform Tech. Pipe Lining ICWW Crossing 22Sep09.docx SCHEDULE"A" TO CHANGE ORDER NO. 1 /FINAL (CONTRACT CLOSEOUT) INSITUFORM TECHNOLOGIES, INC. PIPE LINING OF 16-INCH SUBAQUEOUS INTRACOASTAL CROSSING P/N 2009-037 ITEM DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE NO. EST. QTY UNIT PRICE TOTAL ACTUAL QTY UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. + / - 1 Mobilization/Dewatering/Set-up/MOT LS 1 $ 12,600.00 $12,600.00 1 $12,600.00 $ 12,600.00 $0.00 2 Cured-in-Place 16inpressurepipelining LF 750 $ 202.00 $151,500.00 550 $202.00 $ 111,100.00 -$40,400.00 3 Demobilization abd Site Restoration LS 1 $ 6,400.00 $6,400.00 1 $6,400.00 $ 6,400.00 $0.00 4 Contingency Allowance LS 1 $ 2,500.00 $2,500.00 0 $2,500.00 $ - ($2,500.00) 5 Indemnification SY 1 $ 10.00 $10.00 1 $10.00 $ 10.00 $0.00 ORIGINAL CONTRACT TOTAL AMOUNT $173,010.00 $130,110.00 ($42,900.00) Original Contract Award $173,010.00 Previously Approved Changes $0.00 Total Award/Approved to Date $173,010.00 Final Contract to Date $130,110.00 CHANGE ORDER NO. 1 /FINAL $ (42,900.00) Page 1 of 1 \ ~ I ~- ~ ___-______- _". N ~ V O C O T Q O N O i E Q r 0 c 0 a v Q Q- 0 0 L i 76'-10" I 1 3 C}" 6 180 105 r-° ........ ~0~ ~ I I '..AP _ __ 4 ~~ ,FR MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, E.LT. Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 21, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 DEL IDA COMMUNITY PARK/LANDSCAPING ARTIST IN RESIDENCY PROTECT/AMENDMENT NO. 1 ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute Amendment 1 to the agreement with Lois Brezinski for the "Landscape Artist in Residency Project" at Del Ida Community Park. BACKGROUND The purpose of the Landscape Artist in Residency Project is to create, plan and implement an art project in Del Ida Park. The City of Delray Beach Public Art Advisory Board selected Ms. Lois Brezinski for the project. Ms. Brezinski is aself-employed professional artist that is creating four cohesive art elements: Hardscape Labyrinth, Site Furniture (seating), Lighting, and Landscape. The location is at Del Ida Park bounded by N.E. 2nd Avenue, Dixie Boulevard, and N.E. 6th Street. There is an increase in cost of $3,442.04. Ms. Brezinski invoiced us for installation of one permanent free standing electrical service (meter and breakers) in the amount of $2,750.00, and for bringing electrical power from the pole to the park in the amount of $692.04. Attached are the Amendment for an increase of $3,442.04, the executed artist agreement, two invoices, and a location map. FUNDING SOURCE Funding is available in the Public Arts Program account. RECOMMENDATION Staff recommends approval. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND ARTIST FOR THE LANDSCAPE ARTIST IN RESIDENCY PROJECT 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 Lois Brezinski. WITNESSETH: WHEREAS, the Agreement between the parties, is amended to increase the contractual amount. 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 to provide for an increase in the amount of the contract by $3442.04 to cover the cost for installing electrical service at the site. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. 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 By: Name Printed: The foregoing instrument was acknowledged before me this day of 200_, by acknowledging). (name of person Signature of Notary Public -State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: 2 Tine Cil"~`"~ and the ~.1~'T~S'I' in consideration of the zxzutual eavenants hereinafter set forth, agree as follows: 1. The ~xndersigned ~I~TS'I' hereby represents tizat he/she has carefzzlly examined ail doczzzrzents atkaehed hereto, and will perf®rtn all requirctnents, p~rsi~ant tm all cavenants and canditions, as pravided by this Agreement and any attachments. 2. The ~,I~TIS'l~, as evidenced by the execution of this Agreement, acknowledges that ize/size has examined all specificatio~zs anal requirements of this RFF. The A~'TIT` fuz-ther acknowledges that the "Call to Artist" price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. The fatal cost for this project is 40s1100m40 which shall be paid within 30 days of the completion of the project as determined by the City Engineer, however, a pvrcazztage cif the ;;r~gf mwy lye paid ps~~ti~ily fr~v_° tl?~ purchase of i1?~t~rlais. 3. The t~greement between the ~'I'Ti' and the A~tTI~T incizzde the Agreement and tine documents which are attached hereto. 4. The 'I"iST shall complete construction of the art project, hereixzafter referred to as the "W®Ri~", within i20 days of receiving a notice to proceed from the ~~TY, unless extended by written agreement. S. This Agreerrzent shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreernerzt shall be l~alzrz 13eacia 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 CTI~': City of Delray beach, FiJ 1 QQ NCI 1st Avenue Delray beach, FL 33444 As to A1tTIST: iois F3re~irzski 110 ~E 7~~` Street Delray Beach, FT., 33444 7. The .~TIS'T shall not, without prior written consent of the CI'Tl', assign any portion of its interest under this Agreement and, specifically, the T"I'I' shall not acci~n any sraa~g~yg Clue r~r tC~ b~~nme d~4e ~arithr~~at fhb prF®I' wrltt~i? rrsne~rat n~Ff~t~ d(''~'1'~ _~_ ~. The CITY and the A'I'TST each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and al~ligations contained in the Agreement. ~. In consideration of ten dollars {10.00) anal ether valuable consideration, the ~-R'I`IS' shah defend, indemnify anal save harmless the C`I'TY, its officers, agents and employees, from or on accot.tnt of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of at~y negligence (excluding the sole negligence of the CITYY), recklessness or intentional wrongful misconduct of the 'TIS'T and any persons en~pioyed or utilised by the ARTIST in the performance of this Agreement. ARTIST agrees that negligent, reckless or intentional wrongful misconduct includes, but is neat limited to, use of any i~'nproper materials or liabilities, damages, losses ar casts caused by or on account of the use of any improper matcrrals. TIST 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 'I''IST, its agents, servants or employees. TIS'T 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 Warne and description that may be brought against the !''I'I`Y on accatxnt of any C1~1mCj fees; rayaltzes, ar costs for arty invention or patent, and from. any and all suits and actions that may e brought against the CITY far the infringerrtent of any and all patents or patent rights claimed by any person, frcrrt, ar corporation. The indemnification provided above shall obligate the "TIST to defend at its own expense or to provide for such defense, at the CITY°S option, for any and all clanns 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 tinder this Agreen~.ent perf®rmed by the ~It'I'IST, its agcrtts or employees. This indemnification includes all costs and fees including attorney's fees and casts at trial and appellate levels. The CITY will pay to the AR'TIS`T the specific consideration of ten. dollars and other goad and valuable consideration as specifzc consideration for the indemnif cation provided herein. p'urthermore, the ,A,I~TIS'T acknowledges that the bid price includes said consideration for the indemnification provision. 10. The CITY may, in its sole discretion, terminate this Agreement upon 10 days notice to the AIt"TIS"i". ~7pon termination the Artist shah only retain such funds that have been expended to date. The remaining funds, if any shall be returned to the CITY within 30 days of the terrrtination. 11. 'FIST shall provide the C'ITY' with a written Bill of Sale conveying title to flee CI'.'Y, az~d a sworn. statement of no liens, claims or other cnctnnbranccs. Such documents shall be in a form acceptable to the CI"I"'Y. 12. The A"I'I'I" warrants that the WC)ItK shall be free of defects in tnatcrial and. worktnaraship and that the TIS'I" shall correct at his/her expense any such defects cxrhir~~ wptn,~a~r fir ~ p~g7iYor$ ~~nrs~ ~1} arr~av Frnrgs daliyr~ry ofthe dill t~f ~al~ ~°c~r fhe ~If~R~, 13. The TI~'T warrants that the VV® is an original. and that the ~~RK does not infringe upon any copyright. 14. Title to the ~I®R.T~ shall vest in the CITE upon completion of the ®RK. The ~I'I"Y may reproduce images of the ~~RK, for non-commercial use, including but not limited to public information, educational and proaraotiortal purposes without written consent of the AYt"'I~'l. 1S. The ARTIST' retains ~1} copyright of designs created {2} all rights to the Artists Rights Act of 1990, and any successor act, except that the ~,.TI~T hereby waives the rights under 17 LI.~.~. 10GA, and {3} all rights expressly granted in this Agreement. 1 f . The AIiTIS'T hereby acknowledges that the artwork will become an integral part to the streetscape and that installation and integration of the artwork may subject the artwork to fixture rerrioval, destruction, or other modifications by reason of its rez~noval frorrs the structure or the renovation, destruction or redevelr~prrrent of the structure. Notwithstanding the foregoing, the A'I`I'T` hereby consents to the incorp€~ration of fire artwork into the streetscape and wai~res y rights in the artwork granted by 17 ~ T,~,(a`, 1O~A, visual Artists Rights Act of 1990: 17. AiT"IST''s rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with A"IST~s death and do not extend to E1I2.'I'I~'I`'s heirs, successors or assigns. CI'T~"s rights and obligations under this Agreement may be assigned without the consent of AI2'T`i[`I' at any time, without prior notice to 'I'IST. 1 ~. .~,R,'I'IST shall notify the CI'~`~ of airy permanent change of address from that stated in Paragraph 14 hereof, acrd the failure of AR.'TIST to do so shall be deemed a dvaiver by ARTIST of ARTIST''s rights to enforce those provisions of this Agreement that require the express approval of AR'T`IS'T'. 19. The ARTIST shall provide insurance in a form and an amount as requested by the ~I'I'~. 20. This Agreement shall be considered null and void unless sued by both the ARTIST anal the ~'I'1`~. 21. This Agreement and the documents attached hereto constitute the entire agreement between the CITY and the ATtTIS'I" and may only be altered, amended or repealed by a duly executed written instrument. IN TNESS T~1 °, the. parties hereto have executed this Agreement, the day axed year ~r~t a~aovc ~~ten. AT'T'EST': ~~ ~~ ~i~y ~Ier~ Approved, as ~® ~oz~n: ~ pity Attorney ~IT~ESSES: ~ _ ~ ~ ,. (p1~a~e type ~~ pant n e~ ~~. ~p lEZ,RA ~~_ I~t'., Mayox ARTIST`: dye ~% ~~ ~ f ~~ (SEAS) ~~ (please fiype or pant name} C ® TE ~~ ET~GiENT S'T'I~TF. ~~` C(3t~1'f'~ f]F The foregoing instrument vaa~ acknowledged before rr,e this day of , 20._._, by (Warne of off cer or agent, title of officer or agent}, of (state or place of incorporation} corporation, on behalf of the corporation. T-Te/She is (personally known to rnc} (or has produced identification} and has used his/l~.er (type of identification} as identification. Signature of Person `faking .~.cl~rj ov~ledgnaent C~"T'TP'T~t~`T'~ (If Corporation} STA'I"l C3F` FL(~~D~4 CC)~JN'~'Y' ~F T T-I~ ~' ~~TL'T'IFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 2t}_, the following resolution vas duly passed and adopted: GG ~~TJ Y ~~97g th4~t , a.5 President ofthe corporation, he/she is hereby authorized to execute the Agreerr~ent 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". T fi~rther certify that seed resolution is now in full force and effect. IN 'I~'N~S ~ ®F, i have hereunto set my hand and affixed the official seal of the corporation this day of , 2~}_, (Secretary} IC~TC~~ T® ALI, ~E~ ~3~ THESE ~~SENTS, that ~!-ARTIST) far and in cansideratian of the surrr of ,lawful maney of the United States, and ether gaud and valuable car$sideratic~n, th.e receipt whereof is hereby acknawledged, has granted, bargained, saki, transferred and delivered, and by these presents dace hereby grant, bargain, sell, transfer and deliver ~xnta the City of Delray Beach,l~"larida, its successars and assigns, a wank of art that is TC? IdA~TE' AID T® H®Lf9 the sane testa the City of Delray beach, Flarida, its successars and assigns forever. IN I'I~ESS WI~EREOF, AIO.TIST has hereunto set hi.s hand ar~d seal this day of 200 . print ®r type name STATE (3F FLUItII~A C®UNTI' ~~ The foregoing instrusssent was 2oa~, by has pradttced aath. acknawledged befare the this day of wha is p~rsanally known. to nae ar wha as identif catian and wlsa did take an liiatary I~tablic I~[y Ca~ssissian Expires: ,,,~,#. ~r ~- ~ ~ `- " t- ~ ~ ~ ~ ~ `~' :~~ 1759 N Florida Mango Rd, ;~'1 621 SW 4 Street ~ ~.; Pompano Beach, FL 33060 ~ ~ " , _ t' . ~ ~. ~ West Palm Beach, FL 33409 Phone: {954)941-7777 ~~~ ~, ~~ ~ ~ ~ ~' '~ ' ~ ,~ ~ ~~[1i ~ Phane: (5€1)471-4099 Fax: {954}941-1043 ~~~ f '~ ~ ". Fax: (561)471-U168 ~// // ~! PROPOSAL 081-2009LBREZINSKI Lois Brezinski July 6, 2009 Del Ida Park Ne 2"~ Avel Ne 6ih St,l N. Dixie Blvd. Delray Beach, FL Action Electric, Inc. is pleased to present this Proposal the following Scope of Work. Installation of one permanent free standing electrical service. Listed below is a breakdown of the work. - Installation of one 220a single phase meter feed 1-114" conduit and #3 THHN 100a wire from FPL pole to meter underground. Meter will feed 125a single phase nema~3 Toad center fused at 100a. Meter and load center will sit on permanent free standing rack for park tower. However, we do not include the following: 1) Permit Fees 2) Cutting, Patching and Painting of Drywall, Concrete or Asphalt 3) Premium Time Unless Paid By Others 4) FP&L Gost 5) Repair of Pre-existing code violations. 6) Any Changes by owner, city, inspectors, or county. Tota! For this Proposal $2T50.00 50% down and 5t}% due upon completion This proposal is valid for 30 days. Material is guaranteed to be as specified. All work is to be completed in workmanlike manner according to standard practice. Any alterations or deviations from specifications involving extra cost will be execui upon written,~ders and will become an extra charge over and ahave the estimate. // ,n ~~~~~ ~~ . . wli~C , ~= <'_ Payment Coupon /~~r173r~11~f7QQ~1439R~~f~Og4&Q$ 78~4p~'96CIQQ0©QQU1rQ1~Q1 General AAatl Fadiity Miami. FL S3t88.Oaa1 B 01012 0000808782 0 0 O1 01 01 Please mall this portion wlthycur check t.p1S A 13121=ZINSKF 990 NE ]rH Sr DELRAY BEACH FL 33444 i "~lorltia Power &'Ltg11f company INVOICE Cuslomer Name artd Address LCIS A BREZfI~SKf 9'14 NE ~rx sr bBLf2AY BF,.AGH f=t. 33444 Cust_ No :439433 Inv. No.: 808782 Payment Due upon Amount Due Receipt Ttlfs Invofce 08!09!2008 692.4a W©Refet'ence #: 8393-35-49 ~ Matra check payab a to FPL n US rands end mall payrnmt to addtms4 bafovr FPL GENERAL MAIL FACILITY 1411AMI FL 33788.0007 Federal lax laf-: 68-0247775 Customer Nurnuer: 439033 Invalce Numf}r:r: 80.8782 Mvoiae Rate: 07!7012009 B 01012 OOOOa097a2 G 0 01 Of Di Please itelaln This Pardon roryourtteeords culzl~~Nr GHAt~Gi;s,aiaq CREDITS Customer No:.439038 Invalce No: $08782 4~SCR1P'FION QUANTITY PRICE AMOUNT q54- SMO- 8URI5D SV"WMS" 9 fi9204 692.04 WR# 3544894 Q 601 NIE 2ND AVE 8393-35-416 ForlnquirlesCantact: CHARLES BLAKE 1'otdl ~ppDnt due ~g92.04 ' Phone: (567) 742-2008 Rayment qua upon }tt;ceipt 08109!2009 messages LOTS A BlttiZlN' SKI ~ ~ ~ ~ ~ ' ~~o tai 7t~ s~ ~ .. ~ ~ ~ - : ~::~.4~~`~;~°:` . ! Dray 13eacty PI,~ 33444 . ..~ Rate .. Pay tothe ' . Orderof ~- ~: ~ Z~ a .o ~ ti . - Wadlawia E3enk, N.A. ". ~ - ' i ' 1'rdd70lf8.00tn • ~ ~ l .. -. -.~.~ a ''7;' '" - ~ .. .. 0 Q ~ ~ CITY of DELRAY BEACH CALL TO ARTISTS DATE:11/12/2008 ®g NDSCAPI NG ARTIST I N RESIDENT PROJE 4x4 d ENVIRONMENTAL SERVICES DEPARTMENT ®~~ 434 80UiH BWNTON AVENUE, DELRAY BEACH ROFIDA 39414 ,~ MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 REVISION OF FUNDING SOURCES/H & D CONSTRUCTION, CO., INC. ITEM BEFORE COMMISSION Request for Commission approval for revision of the funding sources for construction of the SW 14th Avenue Roadway, Alleys, & Drainage Improvements Project #2006-005. BACKGROUND This project is in coordination with the Community Redevelopment Agency and is part of the Southwest Area Neighborhood Redevelopment Plan. Improvement of the alleys will provide rear access for future driveways, while improvements of SW 14th Avenue will allow on-street parking. Community Improvement-Neighborhood Services received a CDBG-Recovery ARRA Federal Economic Stimulus Grant in the amount of $156,617.00 in June 2009, to fund $15,661.00 of administrative costs and $140,956.00 to partially fund the S.W. 14th Ave Infrastructure Improvements as stipulated in their CDBG Amended Plan. The construction contract was awarded at the June 16th Commission meeting and did not account for the ARRA grant. In addition, there are drainage components of the project that qualify for funding from the City's Storm Water Utility Fund. The purpose of this item is to adjust the project funding sources to account for the ARRA grant and available Storm Water Utility funding. The original contract award of $508,181.25 remains the same. Rather than being funded entirely from general fund capital construction, the funding will be distributed as indicated below between the general fund, ARRA grant fund and Storm Water Utility. FUNDING SOURCE The funding source will be changed as follows: Funding Source ARRA Stimulus Grant Funds Community Redevelopment Agency Citv Account # I.01-1969-541-68.25 '334-3162-541-68.05 Amount $140,956.00 $237,225.25 448-5461-538.68-25 Total 130.000.00 X508,181.25 RECOMMENDATION Approval 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: September 14, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL (,TAGI ITEM BEFORE COMMISSION The Police Department seeks Commission approval to accept a grant award for funding through the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $289,582 (award documents attached). The grant application was approved by Commission in April of this year. BACKGROUND Funding is available based on a formula allocation, and there is no match requirement. In prior years, JAG funds were requested to support the Holiday Robbery Task Force, which reduces crime during the Holiday season. This year, sufficient funding is available to support several projects. The award authorizes funding to continue to support the 2009 Holiday Robbery Task Force, purchase police vehicles, and repair/reconfigure a donated driving simulator. FUNDING SOURCE Funding is provided through the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program. RECOMMENDATION The Department recommends Commission accept the grant award as presented. Department of Justice Office of Justice Frograms Bureau of Justice Assistance Office of Justice Frograms August 17, 2009 Mr. David Harden City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL, 33444-3695 Dear Mr. Harden: Washington, D.C. 20531 On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Frograms has approved your application for funding under the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Frogram Local Solicitation in the amount of $289,582 for City of Delray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Frogram Questions, Naydine Fulton-Jones, Frogram Manager at (202) 514-6661; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, James H. Burch II Acting Director Enclosures ~,.- ~. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 August 17, 2009 Mr. David Harden City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444-3695 Dear Mr. Harden: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Frograms (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://wwwlep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Frograms by Religious Organizations; Froviding for Equal Treatment of all Justice Department Frogram Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Frevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. ~~ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that Subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of Subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, 7~-/ a. ~~---- Michael L. Alston Director cc: Grant Manager Financial Analyst ~..,t,u.. ..,.. ~~ .....,...,., Office of Justice Frograms PAGE 1 of 9 Bureau of Justice Assistance Grant tECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2009-SB-B9-2668 ~iry of Deiray Beach 300 West Atlantic Avenue 5. PROJECT PERIOD: FROM 03/01/2009 TO 02/28/2013 Deiray Beach, FL 33444-3695 BUDGET PERIOD: FROM 03/01/2009 TO 02/28/2013 6. AWARD DATE 08/17/2009 7. ACTION . GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial X96000315 00 9. PREVIOUS AWARD AMOUNT $ 0 'ROJECT TITLE 10. AMOUNT OF THIS AWARD $ 289,582 2009 Recovery Act JAG Program 11. TOTAL AWARD $ 289,582 SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ~N THE ATTACHED PAGE(S). STATUTORY AUTHORITY FOR GRANT This project is supported under FY09 Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758 METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Lames H. Burch II David Huden City Manager Acting Director SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY ACCOUNTING CLASSIFICATION CODES 21. ISBUGT3273 SCAL FUND BUD. DIV. 'EAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 9 B SB 80 00 00 289582 FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 2 OF 9 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Frograms (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Frofit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. RECOVERY ACT -Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Recipients are responsible for contacting their grant managers for any needed clarifications. 'FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 3 OF 9 SPECIAL CONDITIONS 7. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Freservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetaminelcboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at [website], for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Frograms or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 8. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Frogram. Compliance with these requirements will be monitored by BJA. 10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 'FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 4 OF 9 SPECIAL CONDITIONS ll. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndFractice&page=1046. 13. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 14. RECOVERY ACT -JAG -Trust Fund The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the Edward Byrne Memorial Justice Assistance Grant Frogram (JAG) or Recovery JAG Frogram. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 15. RECOVERY ACT -Access to Records; Interviews The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 16. RECOVERY ACT -One-time funding The recipient understands and agrees that awards under the Recovery Act will be one-time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional DOJ funding. FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 5 OF 9 SPECIAL CONDITIONS 17. RECOVERY ACT -Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DOJ award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the recipient and all subrecipients must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The recipient further agrees that all personnel (including subrecipient personnel) whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award- related activities. 18. RECOVERY ACT - subawards -Monitoring The recipient agrees to monitor subawards under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 19. RECOVERY ACT -subawards -DUNS and CCR for Reporting The recipient agrees to work with its first-tier subrecipients (if any) to ensure that, no later than the due date of the recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. 20. RECOVERY ACT -Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted on-line (at hops://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government-wide Standard Form 425 Federal Financial Report from (available for viewing at www.whitehouse.gov/omb/grants/standard forms/ffr.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at hops://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 6 OF 9 SPECIAL CONDITIONS 21. RECOVERY ACT -Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). (b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Frofit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF- SAC. (c) The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT -Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 7 OF 9 SPECIAL CONDITIONS 23. RECOVERY ACT -Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery Act provides as follows: Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains-- (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including-- (A) the name of the project or activity; (B) a description of the project or activity; (L) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 24. RECOVERY ACT - Frotecting State and Local Govemment and Contractor Whistleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non- Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 25. RECOVERY ACT -Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any State or local government, or any private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT -Infrastructure Investment (Recovery Act, sections 1511 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov/recovery. 'FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 8 OF 9 SPECIAL CONDITIONS 27. RECOVERY ACT -Buy American Notification (Recovery Act, section 1605) The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia, commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision. NOTE: The recipient is encouraged to contact the OJP program manager - in advance -with any questions concerning this condition, including its applicability to particular circumstances. FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Frograms Bureau of Justice Assistance I~OJECT NUMBER 2009-SB-B9-2668 AWARD CONTINUATION SHEET Grant AWARD DATE 08/17/2009 PAGE 9 OF 9 SPECIAL CONDITIONS 28. RECOVERY ACT -Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT - NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Freservation Act), if applicable. The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 30. RECOVERY ACT -Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 31. RECOVERY ACT -Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future OJP (including government-wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT -JAG -Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(c) data for two consecutive reporting periods, the recipient may be- (a) precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary OJP awards, until such time as the recipient becomes current in its section 1512(c) reporting obligations; and (2) After failure to report section 1512(c) data for three consecutive reporting periods, the recipient, upon written demand of the Director of BJA, shall return to OJP any unexpended award funds (including any unexpended interest earned on award funds) within 15 calendar days of the date of the demand notice. Thereafter, the recipient's award shall be converted to acost-reimbursable grant until such time as the recipient becomes current in its section 1512(c) reporting obligations, and remains current for not less than two additional consecutive reporting periods. 'FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 [emorandum To: Official Grant File 'rom: Maria A. Berry, NEPA Coordinator 'subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Delray Beach 'he Recovery Act emphasizes the importance of compliance with the National Environmental Policy Act NEPA) in the use of public funds. The Recovery Act -Edward Byrne Memorial Justice Assistance grant Program (JAG) allows states and local governments to support a broad range of activities to revent and control crime and to improve the criminal justice system, some of which could have nvironmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and ther related federal environmental impact analyses requirements in the use of grant funds, whether the unds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating unds for any of the specified activities, the grantee must first determine if any of the specified activities gill be funded by the grant. 'he specified activities requiring environmental analysis are: . New construction; . Any renovation or remodeling of a property located in an environmentally or historically sensitive rea, including properties located within a 100-year flood plain, a wetland, or habitat for endangered pecies, or a property listed on or eligible for listing on the National Register of Historic Places; . A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change 1 its basic prior use or (b) significantly change its size; . Implementation of a new program involving the use of chemicals other than chemicals that are (a) urchased as an incidental component of a funded activity and (b) traditionally used, for example, in ffice, household, recreational, or education environments; and . Implementation of a program relating to clandestine methamphetamine laboratory operations, lcluding the identification, seizure, or closure of clandestine methamphetamine laboratories. '.omplying with NEPA may require the preparation of an Environmental Assessment and/or an Cnvironmental Impact Statement, as directed by BJA. Further, for programs relating to lethamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. nor more information about Mitigation Plan requirements, lease see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. lease be sure to carefully review the grant conditions on your award document, as it may contain more specific iformation about environmental compliance. Office of Justice Programs ~~~~ ~ ~ ~~ ~ ~. ~~~ ~ ~ ~ ~~ PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2009-SB-B9-2668 This project is supported under FY09 Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Naydine Fulton-Jones Anthony Strianese (202) 514-6661 Chief of Police 300 West Atlantic Avenue Delray Beach, FL 33444-3695 (561) 243-7859 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) BJA FY 09 Recovery Act Edwud Byrne Memorial Justice Assistance Grant Program Local Solicitation 4. TITLE OF PROJECT FY 2009 Recovery Act JAG Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444-3695 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 03/01/2009 TO: 02/28/2013 FROM: 03/01/2009 TO: 02/28/2013 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 289,582 08/17/2009 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) This grant program is authorized by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery AcP') and by 42 U.S.C. 3751(a). The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infiastructure that will provide long-term economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and transpuency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Boud and a new website - Recoveiy.gov - to provide information to the public, including access to detailed information on grants and contracts made with Recovery Actfunds. OJP FORM 4000/2 (REV. 4-88) The Justice Assistance Grant (JAG) Program funded under the Recovery Act is the primuy provider of federal criminal justice funding to state and local jurisdictions. Recovery JAG funds support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. Recovery JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The city of Delray Beach will use its Fiscal Yeu 2009 Recovery Act JAG awed to pay officer overtime for their Holiday Robbery Task Force, purchase six patrol vehicles, and contract services for installation of driving simulators that were donated. NCA/NCF MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: September 11, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 EXTENSION TO THE MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC. ITEM BEFORE COMMISSION Extension to Maintenance and Support Agreement between Motorola and the City in the amount of $126,154.08. BACKGROUND This is an agreement to extend the Maintenance and Support Agreement for the Motorola Police, Fire and other City Department's radio system and equipment. The same terms and conditions remain in effect as in the original contract with an exception of a $3,193.20 increase in the recurring services total due to a need in servicing aging equipment. FUNDING SOURCE Various accounts. RECOMMENDATION The City Attorney's Office recommends approval. ® MOTOROLA June 29, 2009 City of Delray Beach Attn: Captain Thomas Mitchell 300 West Atlantic Avenue Delray Beach, FL 33444 RE: Extension to Maintenance and Support Agreement: 500001000431 Product: Motorola SmartZone Radlo Systsm Dear Captain Mitchell: By means of this letter, Motorola, Inc. hereby extends the City of Delray Beach's maintenance and support agreement as referenced above. Enclosed are two (2) copies of the updated equipment inventory, Statements of Work and Pricing Worksheet for the period 10101/09 through 9130110. All terms and conditions shall remain in full force and effect. Please indicate acceptance of this extension by signing the acceptance block below and returning one copy to my attention at Motorola, Inc. 8000 W Sunrise Blvd RCV West 11-14J, Plantation, Florida 33322 or fax it to my attention at 954-723-4791 on or before 10101!09. Failure to return this fully executed letter on or before 10101109 will result in a lapse in maintenance, which will be subject to a 10% recertfication and reimplementation fee. If you have any questions or need further clarification, please contact me directly at 954-723718 or 954- 520-8868. In addition you can also send an email to me at cndee@motorola.com. Sincerely, Cindee Markes Customer Support Mgr. Motorola, Inc. Accepted by: MOTORO INC. Signed b Printed Name: Cindee Marlces Clty of Delray Beach Signed by: Printed Name: Title: Customer Suaoort MaCn~ager Date: ~,(~, ~ c ~1 - ('~ 1 Title: Date: Pricing Worksheet Effective Date: 1011/2009 Customer: Delray Beach, City of Contract Number: S00001000431 Service Products Provided Dispatch Technical Support Network Monitoring OnSite Infrastructure Response Infrastructure Repair with Advanced Replacement Local Radio Combo Package Maintenance Total: $ 126,154.08 Customer: Delray Beach, City of Effective: 10/1/2009 (~yt Equipment Descriation 14 Quantar Repeaters 4 Centracom Gold Elite Consoles 6 Control Stations 4 RCH Digital Remote 1 Moscad (1 PC, 3 RTU) 41 Astro Spectra Mobiles 194 LTS2000 11 LCS2000 248 XTS3000 6 XTS5000 System Description 1 Prime Site 1 Hard Drives Receive Site 1 Dispatch Center 7 Channels 3 ® Mo~oROta Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: SmartZone up to release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway) v2.0.3 and higher, and E91 1. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of a Servicer. The Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. "il~e SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case activity from open to close through an automated Case tracking process. This Case management allows for Motorola to provide activity and performance reports. The terms and conditions of this Statement of Work {SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such equipment upon Customer's request. 2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private Data system types. 2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.4. Continuously receive service requests. 2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.6. Attempt remote Restoral, as appropriate. 2.7. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1. Characterize the issue 2.7.2. Determine a plan of action 2.7.3. Assign and track the Case to resolution. 2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9. Ensure the required personnel have access to Customer information as needed. 2.10. Disable and enable System devices, as necessary, for Servicers. 2.11. Servicer will perform the following on-site: 2.11.1. Run diagnostics on the Infrastructure or FRU. 2.11.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.l 1.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 4 ® MOTOROLA 2.12. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13. Escalate the Case to the appropriate party upon expiration of a Response time. 2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.1 S. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels 2.15.1. Open and closed; or 2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16. Provide the following reports, as applicable: 2.16.1. Case activity reports to Customer. 2.16.2. Network Monitoring Service reports for Customer System(s), excludes E91 I . 2.16.3. Performance/Availability Reports for SmartZone, SmartZone/ OmniLink, and Private Data Systems only. 3.0 Customer has the following responsibilities: 3.1. Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may prevent Motorola from rendering the services described in this Statement of Wark. 3.3. Order and maintain dedicated dial-up phone lines for telephone service far SMARTNET and E911 System types. 3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.4.1. Case notification preferences and procedure 3.4.2. Repair Verification Preference and procedure 3.4.3. Database and escalation procedure farms. 3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.5. Provide the following information when initiating a service request: 3.5.1. Assigned System ID number 3.5.2. Problem description and site location 3.5.3. Other pertinent information requested by Motorola to open a Case. 3.6. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.} 3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.11.2 3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.10. Maintain and store in an easily accessible location proper System backups. 3.1 l .For E91 I systems, test the secondary backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.12. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.4. 3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. 5 ® ~aoroRo~a Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously ^ Major System failure ^ 33% of System down ^ 33% of Site channels down ^ Site Environment alarms (smoke, access, temp, AC power. ^ This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 • Response during Standard Business Day ^ Significant System Impairment not to exceed 33% of system down ^ System problems presently being monitored ^ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 ^ Response during Standard Business Day ^ Intermittent system issues • Information questions ^ Upgrades/preventative maintenance ^ This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customers perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as reventative maintenance or roduct/s stem u des. Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Regular Premier Limited Level Response Time Response Time Response Time Severity 1 Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Continuous) Continuous) Standard Business Da Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Standard Business Da Standard Business Da Standard Business Da Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Da Standard Business Da Standard Business Da ® MOTOROLA Monitored Elements Table (Listed by technology) S stem T e E ui ment SmartZone 6.0 Nortel; Packet Routing Network; Zone Controllers; Database Server; FuIlVision Server; Zane Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); lntelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Environmental Alarms, Microwave SmartZone 4.1 Zone Controllers; Database Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; FuIlVision Server; Air Tragic Router; System Statistics Server (Multi-Zone); Zone Statistical Server; User Configuration Server; NOVA 2000 (Interconnect); Remote RF Sites (Site Controllers Including Simulcast, Stations); MOSCAD Overlay (Stations-Non Trunked, Comparater, TenSr Channel Banks, Environmental Alarms, Microwave SmartZone 3.0 - 3.5 Zane Controller; Database Server; User Server; Digital Interface Unit {DIU); Central Electronic Bank (CEB) Interface; AEB; User Configuration Server (3.5); Historical Server (User Server 16); AEB Central Electronic Bank (CEB); MBX (Interconnect); Remote RF Sites (Site Controllers -Including Simulcast, Stations); MOSCAD Overlay (Stations, TenSr Channel Banks, Environmental Alarms, Microwave SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental Alarms; Channel Banks Private Data Wireless Network Gateway (WNG}; Radio Network Controller RNC ;Base Station E91 I - Centralink Classic -Monitored by SEB Teltronics ALI Teltronics ANI E9l I - Centralink Classic- Monitored by RAC Teltronics ALl E911 - C2000/Palladium Palladium ALI Teltronics ANI MOTOROLA Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional 7wo- way. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Complete database and escalation procedure forms. 3.1.2. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 8 MOTOROLA 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Defaitions Table Severity Level Problem Types Severity 1 ^ Response is provided Continuously • Majar System failure ^ 33% of System down • 33% of Site channels down ^ Site Environment alarms (smoke, access, temp, AC power. ^ This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 • Response during Standard Business Day ^ Significant System Impairment not to exceed 33% of system down ^ System problems presently being monitored • This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major noncritical features from a Customer's perspective Severity 3 • Response during Standard Business Day • Intermittent system issues • Information questions • Upgrades/preventative maintenance ^ This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as reventative maintenance or roduct/s stem u rades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severi 1 Within 1 Hour from recei t of Notification, Continuousl Severi 2 Within 4 Hours from recei t of Notification, Standard Business Da Severi 3 Within next Business Da ,Standard Business Da ® MOTOROLA Statement of Work Infrastructure Repair 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no !anger supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Provide repair return authorization numbers when requested by Customer. 2.2. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.3. Perform the following service on Motorola Infrastructure: 2.3.1. Perform an operational check on the Infrastructure to determine the nature of the problem. 2.3.2. Replace malfunctioning FRU or Components. 2.3.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.3.4. Perform a Box Unit Test on all serviced Infrastructure. 2.3.5. Perform a System Test on select Infrastructure. 2.4. Provide the following service on select third party Infrastructure: 2.4.1. Perform pre-diagnostic and repair services to confine Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.4.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.4.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.4.4. Perform apost-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.5. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.3. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.6. Properly package repaired Infrastructure. 2.7. Ship repaired Infrastructure to the Customer specified address during normal operating hours of Monday through Friday 7:OOam to 7:OOpm CST, excluding holidays. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request a return authorization number prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 10 ® MOTOROLA 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location far FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.3 Maintain templates of Software/applications and Firmware for re-loading of Infrastructure as set forth in paragraph 2.5. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair services to Customer. 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: I . All Infrastructure over seven (7) years from product cancellation date. 2. Physically damaged Infrastructure. 3. Third party Equipment not shipped by Motorola. 4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. S. Test equipment. 6. Racks, furniture and cabinets. 7. Firmware and/or Software upgrades. 11 MOTOROLA SmartZane System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Infrastructure Exhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre- am lifters, antennas, cables, towers, tower li htin ,and transmission lines. Base Stations and Re ate s Includes: uantar, uantro, Di ital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder, Interface and Network Hub Excludes Nice I,o in Recorders Channel Bank s) Includes Premis sand Telco .Excludes Siemens Com arato s Includes S ctrmtac, Di itac, and Astrotac Com arators. Computer(s) Includes computers (Pentium 1, [I, III, [V) directly interface with or control the communications System, including SiteLens and Systemwatch Il. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective ar phosphor- burned cathode ra tubes CRT s) and burned-in flat anel dis la im a retention. Console(s) Includes consoles (Centracom Il, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System -ONLY. Includes headset jacks, dual footswitches, and ooseneck micro hones. Excludes Centracom I. Controlle s -Trunkin Includes SmartNct II rime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones, Logging Recorders and Excludes all types and models. Rec:ordin E ui ment Di ital Interface Units Included Di ital Si alin Modem(s) Included u n modem model availabilit Di ital Voice Modems Included u n modem model availabilit Embass Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals ]ncludcs computers (Pentium I, [l, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386, 486 com users. MBEX s ar NOVA Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All E ui ment must be shi d to IDO. Excludes an ~ on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention. Monitors not shipped by Motorola and/or cannot be confirmed by a Motorola facto order number. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarmin stems. Network Fault M ement Includes Full Vision. Excludes NMC Printer(s) Includes rimers that directl interface with the communications S stem. RAS s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Am lifie s Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Excludes MFS -Rubidium Standard Network Time and Fre uenc devices Universal Simulcast Controller Included Interface s UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to [DO for repair. Excludes any on-site services. Excludes all batteries. Zone Manager Excludes FIP715/33,1~P 715/50 servers. Excludes x-terminals NDS 14C and NDS 17C Zone Controller(s) Includes console terminals. Excludes ALI. Sun/IMP hard drives exceat TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, 7'LN3343A 0424 and TLN3278A 0181/0389. 12 MOTOROLA Statement of Work Local Radio Combo Package I.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following are excluded from Local Radio Combo service unless they are purchased as an option for an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Removelreinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. !f applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. 13 ® MOTOROLA Statement of Work Local Radio Combo Package OnSite Option -Pick up & Delivery 1.0 Description of Service Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a pick up/delivery cannot occur according to the prefenred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide problem description along with unit. 14 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: September 14, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY/SEACREST ATHLETIC FACILITY ITEM BEFORE COMMISSION Interlocal Agreement between the School Board of Palm Beach County and the City of Delray Beach for the Police Department's use of the Seacrest Athletic Facility. BACKGROUND This Agreement between the City and the School Board allows the City to use the School Board's property at 2350 N. Seacrest Blvd. for law enforcement training in conjunction with the School Board's Police Department. Under the agreement, the School Board will own and operate the facilities and pay maintenance costs for same. Future improvements may include a driving pad and obstacle course for training; all future improvements funded in whole or part by the City are subject to review and approval by the School Board. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT, entered into this day of , 2009, between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL BOARD") and the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY") WITNESSETH: WHEREAS, it is the intent of the SCHOOL BOARD and the CITY to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL BOARD is the controlling body of the School District of Palm Beach County, Florida, and owns and operate schools in the City of Delray Beach; and WHEREAS, the SCHOOL BOARD and the CITY recognize the need, on occasion, to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY'S Police Department wishes to utilize the building and property located at 2350 N. Seacrest Boulevard, Delray Beach, Florida for law enforcement training in conjunction with the SCHOOL BOARD'S Police Department. The Seacrest Boulevard Facilities shall be hereinafter referred to as the "FACILITIES"; and WHEREAS, the SCHOOL BOARD will own and operate the FACILITIES; and WHEREAS, the CITY will share in the costs of improving the FACILITIES; and WHEREAS, the SCHOOL BOARD will pay for the maintenance costs of the FACILITIES; and WHEREAS, pursuant to the Palm Beach County Law Enforcement Mutual Aid Agreement dated February 1, 2009, law enforcement agencies are encouraged to share their FACILITIES and resources with each other. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: I. GENERAL PROVISIONS A. The above recitals are true and correct and are incorporated herein by reference. B. FACILITIES shall mean the SCHOOL BOARD-owned property and buildings located at 2350 N. Seacrest Boulevard, Delray Beach, Florida. This facility includes but is not limited to: the building containing Mat Room, Classrooms, Weight Room, Storage Room, Multi-Purpose Field and Parking Lot. The CITY'S Equipment shall include but not be limited to the following: the Use of Force and Judgmental Simulator, Driving Simulators, Office Furniture, Televisions, Computers and miscellaneous training equipment. C. The SCHOOL BOARD agrees to make the FACILITIES accessible and available to the CITY's Police Department, seven days a week, twenty-four hours a day for law enforcement training. 2 D. Use of the FACILITIES will be coordinated between CITY and SCHOOL BOARD in accordance with Paragraph III of this Agreement. SCHOOL BOARD activities involving all or a portion of the FACILITIES shall have priority in the event of a conflict with CITY police training activities. II. OWNERSHIP The FACILITIES shall remain in the ownership of the SCHOOL BOARD; and subject to all terms and conditions imposed thereby. III. USE OF PROPERTIES A. Use of FACILITIES -The CITY shall provide the SCHOOL BOARD's Chief of School Police or his/her Designee with a monthly schedule of planned CITY police training activities involving all or a portion of the FACILITIES ("CITY's Use Schedule"). The SCHOOL BOARD agrees to permit the CITY in accordance with the prescribed procedure and conditions set forth herein, to utilize the FACILITIES. The CITY's use of the FACILITIES shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the SCHOOL BOARD's rules, regulations and policies governing the use of the FACILITIES, including but not limited to energy conservation, recycling and indoor air quality; (iii) any grant or bond obligations pertaining to the use of any of the FACILITIES; and (iv) all applicable local, state and federal laws. The SCHOOL BOARD agrees to coordinate with the CITY before using the CITY's Equipment. B. Advanced Notice Regarding Use - If a SCHOOL BOARD activity conflicts with a CITY police training activity on the CITY's Use Schedule, the SCHOOL 3 BOARD agrees to provide adequate notice to the CITY of the conflict. Notice may be in the form of a schedule of activities, memorandum, or other written form, outlining the date, time and FACILITIES, or portion thereof that are needed. Adequate notice is deemed to be seventy-two (72) hours prior to the date needed. C. Adequate Supervision - Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned when using the FACILITIES. D. Manner of Use; Cleanup -The CITY and the SCHOOL BOARD agree to utilize the FACILITIES and equipment in the manner, and to the extent and degree intended for the particular FACILITY or equipment in use and further agree to leave the FACILITIES and equipment in a clean and orderly condition upon leaving the FACILITIES. E. Damage to FACILITIES When in Use Pursuant to this Agreement - The CITY agrees to be responsible for damage caused by the CITY, its employees, agents and invitees and for any vandalism occurring to the FACILITIES during the periods the FACILITIES are used by the CITY. The SCHOOL BOARD agrees to be responsible for damage caused by the SCHOOL BOARD, its employees, agents and invitees and for any vandalism occurring to the FACILITIES during the periods the FACILITIES are used by the SCHOOL BOARD. In the event that damage due to vandalism occurs when both parties are using the FACILITIES, the parties shall make a good faith effort to determine whether one party or the other should be held solely responsible for the vandalism or whether it is more equitable to share the expenses to 4 repair the vandalism damage on a proportional basis. Notwithstanding the responsibility of either party for damage sustained to the FACILITIES, the SCHOOL BOARD shall cause such repairs to be made as necessary to correct the damage and, in the event the CITY is responsible for some or all of the damage, submit an itemized invoice to the CITY. The CITY shall pay all such invoices within ninety (90) days of receipt of the invoice. IV. MAINTENANCE AND UTILITIES The maintenance responsibilities and utilities for the FACILITIES described herein shall be assumed as follows: A. SCHOOL BOARD agrees to provide and assume 100% of costs of utilities and assume 100% of the costs of maintenance and maintain the FACILITIES as a current SCHOOL BOARD Ancillary Building including but not limited to: 1. Routine maintenance and repair as needed. 2. Maintenance and repair of A/C, plumbing, locks, ice machine repair, electrical and alarms systems. 3. Maintenance and painting of existing buildings. 4. Providing landscape maintenance, custodial services and supplies, water, and electric to FACILITIES. B. CITY agrees to provide cable and phone services to its own offices located at FACILITIES as well as waste service for FACILITIES. V. FUTURE IMPROVEMENTS All future improvements to the FACILITIES funded in whole or in part by the CITY shall be subject to prior review and approval of all plans by the SCHOOL 5 BOARD's Chief of Facilities Management ("CFM"). Future improvements may include but not be limited to: driving pad and obstacle course. Construction costs of any future improvements funded in whole or part by the CITY shall be negotiated between the parties and subject to approval by the CITY and SCHOOL BOARD and subject to the issuance of all necessary permits by the School Board Building Department. Failure to fund any future improvements to the FACILITIES by the CITY shall not constitute a breach of this Agreement. Nothing in this Agreement shall be interpreted as prohibiting the SCHOOL BOARD from making improvements and modifications to the FACILITIES that are funded by the SCHOOL BOARD. VI. SITE SECURITY Both parties agree to lock up FACILITIES after each use. The SCHOOL BOARD shall provide monitoring of FACILITIES with camera and alarm. VII. CITY LIABILITY The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the CITY is using the FACILITIES, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights against any and all claims that may be brought against it under this Agreement. VIII. SCHOOL BOARD LIABILITY The SCHOOL BOARD recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 6 768.28, Florida Statutes, for the period of time the SCHOOL BOARD is using the FACILITIES, provided, however, that this provision shall not be construed as a waiver of any right or defense which the SCHOOL BOARD may possess, and it reserves all such rights against any and all claims that may be brought against it under this Agreement. IX. MODIFICATION Any modifications to this Agreement shall be in writing and approved by the parties' respective governing bodies. X. TERM. A. This Agreement shall become effective upon approval of both parties, and shall continue for ten (10) years and may be renewed for an additional five (5) year term thereafter upon mutual consent of both parties in writing. B. Either party may terminate this Agreement by giving the other party at least one hundred twenty (120) days advanced notice in writing. C. At the expiration and/or early termination of this Agreement, the CITY shall have the right, but not the obligation, to remove the Judgment Training and Driving Simulators and/or any other removable fixtures and/or equipment installed by CITY. All permanent improvements shall remain at FACILITIES. XI. NOTICE. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent certified mail by the United States Mail or by any 7 nationally recognized overnight carrier to the SCHOOL BOARD or the CITY at the addresses set forth as follows: As to the School Board: Chief of School Police 3300 Forest Hill Boulevard West Palm Beach, FL 33406 With Copies to: Chief of Facilities Management 3300 Forest Hill Boulevard West Palm Beach, FL 33406 SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Office of Chief Counsel P.O. Box 19239 West Palm Beach, FL 33416-9239 As to the City: CITY OF DELRAY BEACH R. Brian Shutt, City Attorney 200 N.W. 1St Avenue Delray Beach, Florida 33444 With Copies to: Anthony Strianese, Chief of Police Delray Beach Police Department 300 W. Atlantic Avenue Delray Beach, FL 33444 David T. Harden, City Manager City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 XII. SEVERABILITY. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. XIII. ENTIRE AGREEMENT. This Agreement together with any addendum(s) that may now or in the future be attached and become a part of this Agreement set forth all covenants, promises, agreements, conditions and understanding between the parties 8 hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. XIV. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. XV. NOT TO BE CONSTRUED AGAINST THE DRAFTER. This Agreement shall not be construed against the party who drafted the same as both parties have had experts of their choosing review the adequacy of the same. XVI. VENUE. Should any litigation arise under this Agreement venue shall lie in Palm Beach County, Florida. XVII. NO THIRD PARTY BENEFICIARIES. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. XVIII. DISPUTE RESOLUTION. In the event an issue arises which cannot be resolved between the CFM and the CITY's City Manager regarding the interpretation or operation of this Agreement, the dispute shall be referred to the SCHOOL BOARD's Chief Operating Officer and the CITY's City Manager who shall both make a good faith effort to resolve the dispute before instituting any litigation. 9 IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of two witnesses SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Print Name: Print Name: Approved for Form and Legal Sufficiency: School Board Attorney Print Name: Title: 10 Signed in the presence of two witnesses Print Name: CITY OF DELRAY BEACH, FLORIDA Nelson S. McDuffie, Mayor ATTEST: Print Name: Chevelle Nubin, City Clerk Approved for Form and Legal Sufficiency: City Attorney R:/agt/Interlocal Agt with School District-Seacrest Athletic Facility-2009-9-11.doc 11 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 14, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT TO THE LEASE AGREEMENT/METROPCS FLORIDA, LLC ITEM BEFORE COMMISSION The attached is an amendment to the lease agreement between the City and MetroPCS (MetroPCS has an antenna on the Police Department radio tower) regarding the use of the City's generator as an alternate power source for their antenna. BACKGROUND The City entered into a lease agreement with MetroPCS Florida LLC on July 2, 2001 to allow the placement of an antenna on the radio tower located at the Police Department. The parties would now like to amend the agreement to provide that MetroPCS may use the generator located at the Police Department as a backup power supply for their antenna. MetroPCS shall pay the City an annual fee of $250.00. RECOMMENDATION Staff recommends approval. metroPCS {100 Saw~rass Corporate P3cwy Suite 4(l0 lit, 1Jauderdal~, Florida 333?3 'Cel.: R54.83y.2(~ilQ Ffuc: 954.83.7104 AUgliSt 20, 2009 -City of Delray Beach Attn: Amanda Solomon 300 W. Atlantic Bivd. Delray Beach, FL 33444 RE: 13~ Generator Amendment for Execution 1 /MetroPCS FL102SW1b2 Dear Ms. Solomon: Enclosed please find four (4} originals of the above- referenced Amendment that have been executed by MetroPCS FIorida, LLC. Please have each copy of the agreement executed and return two (2} fully executed originals to my attention: MetroPCS Florida, LLC 1000 Sawgrass Corporate Parkway Suite 400 Ft. Lauderdale, FL 33323 Thank you for your assistance in this matter. if you should have-any questions or need further information, please feel free to contact me at (954} 839-2600. Sincerely Dori Porche MetroPCS Florida cc: MetroPCS fle Encl: 4 Amendments AMENDMENT T4 LEASE AGREEMENT This Amendment to Lease Agreement (the "Amendment") is-made and entered into this day of , 2009 by and between the City of Delray Beach, a Florida municipal corporation ("Owner"), and MetroPCS Florida, LLC, a Delaware limited liability company, successor in interest to MetroPCS California/)r lorida, lnc. ("Lessee"). RECITALS: WHEREAS, Lessee and Owner executed a Lease Agreement dated July 2, 2001 (the "Agreement"), whereby Owner leased to Lessee tower antenna space and ground space (collectively, the "Leased Property"} on Owner's property located at 300 W. Aflantic Ave., Delray Beach, Florida; WHEREAS, the parties hereto desire and intend to amend certain terms of the Agreement as. provided herein; NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: l . Cap.itaIized terms not defined in this Amendment shall have the same meaning as such terms have in the Agreement. 2. The Agreement is hereby amended as follows: A. Lessee shall use Owner's generator which is located on owner's property from time to time (the "Generator") to provide backup electrical power, to the extent the Generator has the excess capacity to do so, to the Lessee in the event of a loss of electrical power to PCSF on the Site. Lessee understands that Owner is not guaranteeing to provide backup electrical power, but only that Owner will attempt to provide such power to the PCSF in the event of a lass of electrical power. During the term hereof, Lessee agrees to pay to Owner, an an annual basis, the sum of Two Hundred Fifty and No/100 Dollars 0250.00) {the "Annual Fee'"). Lessee shall remit the Annual Fee to Owner within thirty (30) days of the Effective Date of this Amendment and shall thereafter pay the Annual Fee to Owner on each and every anniversary date of the Effective Date during the term of this Amendment. For purposes hereof, the Effective Date shall be the first day of the month following the day on which the last of the parties hereto have executed this Amendment. B. Owner hereby grants to Lessee the right to install and attach such wires and conduits to the Generator as shown an Exhibit "A" attached to this Amendment and incorporated herein by reference in order to draw the necessary electricity from the Generator to provide emergency back-up power to the PCSF. C. lf, during an event of a loss of electrical power to the PCSF, back-up electrical power is not available from the Generator, Lessee shall have the right to deliver and operate a temporary generator to service the PSCF, together with the right to install and maintain such wires and conduits as are necessary to connect the temporary generator to the Site. Lessee shall be responsible for obtaining all governmental permits and approvals necessary for the operation of said temporary generator. D. Lessee's address far notices under the Agreement shall be as follows; Lessee: MetroPCS 1000 Sawgrass Parkway Suite 400 Ft. Lauderdale, Florida 33323 Attn: Site DeveIapment 3, The parties hereby ratify and reaffirm their rights and obligations under the Agreement as modified by this Amendment. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. REMAINDER QF-PAGE INTENTIONALLY LEFT BLANK [Signatures to Appear on Followin. Pa e IN WITNESS WHEIiE~F, the parties have caused this Amendment to be executed as of the date first written below. OWNER: City of Delray Beach By: Name: Title: Date: Approved as to form and correctness: Print Name: City Attorney ATTEST: City Clerk LESSEE: MetraPCS Florida, LLC, a Delaware limited liability company By; 7~ ~csvv~o ~ Name: L3A R *~ ~ Imo/ S'W r a S~'~ Title: U~~ N~-r~c~~K [~':-=~A.-,on~i Date: ~ ~~- ~`~ ___ WITNESSES AS TO LESSEE: Print Name: M~RJ ~ ~r ' ~. 0 Print Name: n(~Ri E. QORCH~ I EXISTING WAYEGUIDE BRIDGE ~~ ExLSTING AiERtOPCS EgUIPAIENi CABINETS ON Exl5T1NG CDNCRETE PAD TO BE BACKED UP ON EXISTING BUILDING GENERATOR EXISTING EQUIPMENT ON CONCR.EfE f'AD `~ ~I ~ j~, - - - ...._ ._ ._ ~ I ~I EXISTING ONE STORY --'- BUILDING EXISTING ATTN15 I',L EQUIPMENT SHELTER j I ii ti _~ f ~~ I r it ~-;------I ', rwA - rwwii -- rwn - r~ ~ - - _ -- EXISTING ELECTRICAL ROOM EXISTING GENERATOR RODM EXISTING DECOMMIShONED GENERATOR:. EXISTING BUILDING GENERATOR- NORTH 1 L ~ ~nnlal i -~L « r i~ 3/1&°=1~-0° ~ BNi~wINS nriEi LEASE FaCF[ISTf-517'E PLAN REWI.4gM >+': a F- ~ METROPCS'91E NWE MIO NUMBER: Q ~ p(lE I~IE~: OB/1~/d0 ~~ F1.102-SW7B2 #vlaRRlsanr rl~r~ls~~~,to ~ scxE xs slwwN BIUwN e.: RB 7 Two Soulh Unlvarairy o~lvn 51d1e 445 _ ~ 1000 5AWGRASS CORPORATE PKWY orslcNm ar aN ,~y z , , PlanlBGnrs, FL 93324 5UTTE 400 S~ MoRE`~ sr+eEr w~ i aF x I O Tv1: 954.677.4855 FaK:9S4.574'.4858 ~ LAUDERDALE FL 33327 300-W ATL4NTIC BLYP aaROVeo er: n~ ' U Staee.gfFlgfldaCQYB0006508 . , . . www.mgrtiBgnherBMkW.wm OELRAY BFAGH, FL Mnc fiLE no. 7096014 ..,_..~_s~.-.i ~ 1 f ~~.~ ~.Yi - ~` II L I \~~` ~~; - ~ ~-~; -ExlsnNC METROPCS e'-o• x 14'-O" CONCRETE PAD 'LINE OF EXISTING BUILDING -!EXISTING H-FRAME 'f'"EXISTING BUIBUILDING '"EXISTING FENGE _. 1.~~ I COMPOUNQ S I MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 17, 2009 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM ITEM BEFORE COMMISSION Commission is requested to approve an Interlocal Agreement between the City and the CRA for the funding of the Clean and Safe Program. BACKGROUND Attached is the proposed Interlocal Agreement for funding the Clean and Safe Program. The Agreement provides that the CRA shall fund costs for maintenance and security in the Clean and Safe District. The funding shall be contingent upon the CRA Board allocating funds for this program, which shall continue on an annual basis. RECOMMENDATION Staff recommends approval of the Interlocal Agreement between the City and CRA. 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CLEAN AND SAFE PROGRAM THIS AGREEMENT is made this day of , 2Qa9, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred #o as "CITY"}, and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the ~~C~„ )• WITNESSETH: WHEREAS, the CITY OF DELRAY BEACH has initiated a Ciean and Safe Program within the Downtown Development Authority {"DDA"} District to enhance the maintenance of physical improvements and security in the Downtown area; and WHEREAS, the DDA district exists within a portion of the CRA district; and WHEREAS, enhanced maintenance and security in the Ciean and Safe area supports the mission of the CRA and property values therein; and, WHEREAS, the CRA has agreed to support the program by funding a[I or a portion of the cost of maintaining physical improvemen#s and security in the Clean and Safe District as described herein; and, WHEREAS, the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Delray Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations: The recitations set forth above- are hereby incorporated herein. 2. Applicability: The CRA hereby agrees to fund costs for maintenance and security in the Clean and Safe District which includes the Downtown Development. Authority District from A-1-A to Iw95. Funding can be used to supplement personnel and fringe benefit costs, equipment costs, supplies and material costs, repair parts, landscape materials, and utility costs. It is understood that funding provided by the CRA cannot be used for funding of vehicles. 3. Fundin and Future Fundin :The CRA agrees to fund Clean and Safe program costs in an amount equal to the amount which the CRA Board of Commissioners approves and budgets yearly for the program, which shall be payable in quarterly increments, with October 1St as the commencement date for the first quaver. The parties acknowledge that while it is the CRA's intention to continue to provide funding for such maintenance and security in the future, the CRA shall be under no obligation to provide funds thereafter and such action shall be solely discretionary with i#s Board on an annual basis. Thereafter in the event the CRA approves and budgets for the program in subsequent fiscal years, payments will continue to be made on a quarterly basis. 4. ReportingR The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Clean and Safe Program, and the use of funds by the CITY. The report should detail police ac#ivity (i.e. number of arrests and type of arrests), code enforcement activity (number of citations issued}, and maintenance and utility expenses. The report shall be provided to the CRA Execu#ive 2 Director no later than ten (10) days after the end of each quarter (December 31st, March 31st, June 30th, and September 30th), In the event the CITY fails to provide the required reports,. the CRA will have the discretion to withhold payment of any funds until receipt of the report. 6. Agreement to be Recorded: This Interlocal .Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Sfafufes. 6, Modifications: No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 7. Severabiiity: The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. S. Governin Laws: This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Assignment: Neither the CITY nor the CRA shall assign or transfer any rights or interes# in this Agreement. 1 D. Effective Date: This Agreement shall not be valid until signed by the Mayor and the City Clerk, and shat! be effective through September 30, 2010 and thereafter on an annual basis, unless otherwise mutually terminated or amended. 3 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: i~~. Diane Colonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing corporation. CITY OF DELRAY BEACH, FLORIDA By: Nelson 5. McDuffie, Mayor COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair instrument was acknowledged before me this day of 2009, by as (name of officer or agent, title of officer or agent), ofi (name of corporation acknowledging), a (state or place of incorporation} corporation, on behalf of the He1She is personally known to me or has produced (type of identification} as identification. Notary Public -State of Florida DNT:dnt H:120D61080018 DBCRAIAGMT 200911LA Cfean Safe Program FY 30.doc 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AGREEMENT /CHILDREN'S SERVICES COUNCIL/BEACON CENTER AT VILLAGE ACADEMY ITEM BEFORE COMMISSION City Commission approval to accept the funded service contract from Children's Services Council (CSC) in the amount of $792,852 for services provided through the Beacon Center at Village Academy and authorize the execution of the contract between the City and CSC as the fiscal agent for the program. The Beacon Center Services will be carried out by the City's non-profit partner, the Community Child Care Center doing business as Achievement Center for Children and Families. BACKGROUND The City accepted the responsibility as the fiscal agent for programs and funds dedicated for the support of the Beacon Center at Village Academy in 2004 via its non-profit partner, the Achievement Center for Children and Families. This item provides for funding in the amount of $792,852 for Fiscal Year 2009/10. The funding allocation includes social worker services provided through Families First. The program will support 400 students and approximately 250 adults throughout the year. FUNDING SOURCE Children's Services Council of Palm Beach County Inc. RECOMMENDATION Staff is recommending City Commission approval to accept the annual grant in the amount of $792,852 from Children's Services Council for Beacon Center services at Village Academy for FY 09/10 and authorize the execution of the required contract agreement specifying the conditions to be met for services provided. AGREER~ENT AGENCY: City of Delray Beach PROGRAM: Village Academy Beacon Center CONTRACT ~: 475 Original Allocation: f[ective Period of Agreemenf: $792,852 From 10/01/2009 Through 09/30/2010 mm/ddlyear mm/ddlyear The Children's Services Council of Palm Beach County (the "Council"), at its option, may extend the term of this Agreement without reviewing the program hereunder which incorporates the attached Exhibits "A", "B", "C", and "©" far additional one year periods. The renewal option set forth in this paragraph, however, does not guarantee the Provider that the Council will exercise its renewal option hereunder. Renewal will be determined by the Council, in its sole discretion; this determination will be based in part upon review of the program evaluation and fiscal monitoring of the program. Notices: Ail notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties. The parties have caused this Agreement to be executed by their undersigned duly authorized representatives. For the Council: Signature: Gaetana ©. Bbbole, CBO Children's Services Council of Palm Beach County 2300 High Ridge Road Date: Boynton Beach, FL 33426 For the Provider: Signature: City of Delray Beach 100 NW ~S` Avenue Delray Beach, FL 33444 Attn: Lola Butler Date: CSC_DOCS-#90745-v 1-0910Bo i lerp l ake'['em h I ate. DOC Created on 3/27/2004 3:17:00 PM EXHIBIT "A" GENERAL C©1VDIT1©N5 DF AWARD CSC_DdCS-#90745-v I -4910Boilerpl ateTcmp[ate.l)OC Created os3 3127!2404 3:17;1)4 PM EXHIBIT "A" GENERAL CONDITIONS The Agreement entered into between the Children's Services Council of Palm BeaclZ Caurlty (the "Council") and the Provider snail be subject to the terms and conditions set forth herein. 1. It is expressly unders#ood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Agreement, which incorporates by reference Exhibits "A", '"B", "C" and "D", as well as any other attachments andfor appendixes, if applicable. 2. The Provider agrees to comply with all applicable federal, state and local laws and affirms that it has not been suspended or debarred from the receipt of federal, state or local funding as stipulated under Executive Orders 12549 and 12689. 3. The Provider agrees to comply with the following requirements: a. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and property reflect all expenditures of funds provided by the Council under the Agreement. b. To assure that these records shall be available to inspection, review or audit by the Council and personnel duty authorized by the Council to make such inspec#ion, review or audit. c. To submi#, upon completion of the Agreement, a Generally Accepted Government Auditing Standards (GALAS) (the "Yellow Bonk") audit ("the Audit"), complete with management letter or an OMB Circular A-133 (Single Audit) within 180 days of the Provider's fiscal year end. In the event that Provider's fiscal year end occurs prior to the completion of the term of the Agreement, Provider will supply the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of the Agreement, each such audit and management letter to be provided within 180 days of Provider`s fiscal year end. For Government Entities Only: To submit, upon completion of the Agreement, a Generally Accepted Government Auditing Standards (GALAS) (the "Yellow Book") audit ("the Audit"}, complete with management letter or an OMB Circular A-133 (Single Audit) within the earlier of: i) ten (10) business days after the audit is submitted to the State of Florida Auditor General; ar ii) one year from the date of the end of the fiscal year for which the audit is being conducted. In the event that Provider's fiscal year end occurs prior to the completion of the term of the Agreement, Provider will supply the Audit and accompanying management letter for each of the Provider`s fiscal years occurring during the term of the Agreement, each such audit and management letter to be provided within the earlier of: i} ten (1 q) business days after the audit is submitted to the State of Florida Auditor General; or ii) one year from the date of the end of the fiscal year for which the audit is being conducted. This clause is not applicable to State Agencies or subdivisions - no audit will be provided. CSC_DOCS-#90745-v 1-091013 ailerplate'rempl ate.DOC Created an 3/27/2009 3:17:00 PM d. To maintain and file with the Counci( such progress, fiscal, inventory, and other reports as the Council may require during the terms of the Agreement. e. To include these aforemen#ianed audi# and record keeping requirements in all approved subcontracts and assignments. f. To acknowledge, to the extent feasible and appropriate, Council funding of the program identified in Exhibit "B'° in publications, bulletins, public relations activity, and stationery of Provider. To the extent feasible, publications and other items that apply specifically to the program provided under this Agreement shall display only the Council Ingo if the program is 100% funded by the Council. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to the Agreement for a period of five (5} years, or longer period as set Earth in the attached Exhibit "~" following termination of the Agreement ar, ifi an audit has been initiated and audit findings have not been resolved at this period, the records shall be retained until resolution of all audit findings. Provider further agrees that all records, papers, letters, ar other documents made or received in conjunction with the Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survive termination of the Agreement, except that public retards which are confidential by ar otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 150 and 154, must be protected from disclosure. b. Persons duly authorized by the Council shall have full access to and the right to examine any of said materials during said period. c. To permit access by persons duly authorized by the Council, to the program(s) funded by the Council hereunder for purposes of monitoring said program(s). d. Ta report to the Council during the term of the Agreement any threatened ar pending litigation brought against the Provider, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status ofi such litigation and copies of pleadings filed therein. e. To accurately report to the Council, in a format deemed acceptable by the Council, all revenues received by or far the program funded pursuant to this Agreemen#, regardless of source. Revenues include, but are not limited ta, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. !n the event the Provider fails to properly report all program revenues and the Council subsequently learns that such income was not properly disclosed, the Council reserves the right to reduce the amount to be paid to the Provider by the Council by the arnaun# not disclosed (or, if payment has already been made, to recover said amount), or to terminate the Agreement. f. That those capital items which are to be acquired by the Provider and reimbursed by the Council, shall be subject to the following requirements (i} that said items may not be mortgaged, pledged, or hypothecated without the prior written CSC_DOCS-#90745-v 1-09108°il erp I ateTesnplaie.DOC Created on 3/27!2609 3:17:00 PM approval of the Gouncii; (ii) that upon termination or earlier cancellation of the Agreement, at the Council's request, unless there is specific no#ification that this requirement is waived by the Council, the said items} shall be {a) returned (with title being transferred) to the Council or the Council's designee, or (b) reimbursed to the Council at book value (determined by the Council); (iii} that said item(s) shall be maintained in operable condition; and (iv} that said item{s} will be insured in case of loss or theft. g. To obtain Council approval for any proposed changes in the program prior to implementation. h. To submit and maintain a current copy of the following an file with the Council: • Certificates of insurance (liability and theft, and auto if capita] equipment or vehicle was purchased with Council funds}; • License(s) to operate agencylprogram, if applicable; • Service site(s) l=ire Inspection Certificate(s), if applicable; • Service site{s} Health inspection Certificate(s), if applicable To obtain written approval from the Council for any proposed changes in the amount of the program budget hereunder prior to implemen#ation. The fiscal administration of the Agreement will be pursuant to the Council's "Fiscal Guidelines," a copy of which is available on the Council's website (www.cscpbc.o~) and which are incorporated herein by reference. 5. Provider agrees that, as between the parties to the Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the Council has not and will not be involved in any way in such operation and management. Ta the extent permitted by Florida law, the Provider agrees to indemnify and hold harmless the Council from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and reasonable attorneys' fees (at the trial appellate, post judgment or bankruptcy procedure level), as a result of services performed or not perforrr~ed, nr any negligent act by the Provider or arising from funding granted or not granted by the Council nr any action arising out of the operation of the Agreement. Nothing conta~.ned herein shall be r3e~neci a waiver o~ the t'rovider's sovereign ; rn; ty pursuant to `. S. 76€3.28. ~ ~/ 6. This contract may not be assigned nr subcontracted to any other party by the 1 Provider without the prior written approval of the Council. 8. The Provider steal! not use nr disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except with the written consent of the client, or his responsible parent or guardian, or when authorized by law. a. The Provider agrees to establish and maintain reasonable procedures and controls for safeguarding records, so that no information contained in the Provider`s records, or obtained from others carrying out the terms of the Agreement, shall be used by ar disclosed by the Provider, its agents, officers nr employees except as provided by law. b. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical ar other information pertaining to any such client. 9. The Provider shall submit to the Council program data, including (i) to the extent permitted by law client ident'r~able data and (ii} status of program capacity (staff to clientlchildlfamily ratio) as required by the Council. 1Q. The Provider shall furnish the Council with reports of the effectiveness of the program ar the required data to determine effectiveness and include statistics and data on the number of persons served and such other reports and information that the Council may require. Said reports shall be made as requested from the effective date of the Agreement and in a format provided by the Council. 11. The Provider is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility tar the payment of wages to all employees for services performed by them under this Agreement. The Provider shall, with respect to said employees, be responsible far withholding federal income taxes, 1=lGA and any other applicable withholding, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 12. The services provided by the Provider hereunder are provided on anon-exclusive basis, and the Council specifically reserves the right to subcontract with others for similar services. The Agreement shall give no rights to any person ar entity who is not a party hereto. 13. Payments far services rendered pursuant to the Agreement shall be made to the Pravider monthly on a reimbursement basis. Provider shall be reimbursed by the Council by electronic funds transfer. Provider shall, upon request, provide the Council with the necessary banking information to receive reimbursement for all such funding. Provider shall submit an invoice to the Cauncii by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Pravider under the Agreement, in whatever form reasonably required by Cauncii. Subject to the availability of funds, the Council will provide reimbursement to the Pravider within X35 days after receipt of the invoice. Provider shall submit a final invoice to the Council CSC_D~CS-tt9fl745-v l -091 QT3ailerpiateTernp]ate.DC?G Created on 3lZ71Z009 3:17:00 PM no later than October 31, after the end of each year of the Agreement (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under the Agreement that are submitted after the October 31 deadline. 14. The Provider agrees to return to the Council any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under the Agreement. Such funds shall be refunded in full by Provider to the Council as follows: a. within twenty (20} days from the date of written notification by the Council to the Provider of overpayment or disallowance; or b. within thirty (34) days following the end of the Agreement. c. the Council shall have the right to deduct from any subsequent payment request submitted by the Provider, the amount of any overpayments or disallowed funds. In the event funds to finance the Agreement become unavailable to the Council, the Councif may terming#e the Agreement upon no less #han five (5) days written notice to the Provider. The Council shaft be the final authority as to the availability of funds. 15. Notwithstanding any other provision of the Agreement, the Council may terminate the Agreement for any breach by the Provider. if the Councif intends to terminate the Agreement, no#ice shaft be provided in writing to the Provider na less than twenty- four (24} hours prior to the effective date of the termination. Alternatively, at its discretion, the Councif may, for reasonable cause, suspend the payment of funds pending corrective action by the Provider or pending a decision by the Council to terminate the Agreement. The Council may, for reasonable cause, prohibit the Provider from incurring additional obligation of any funds received from the Councif, pending corrective action by the Provider or a decision to terminate the Agreement. Said suspension of payment of funds or obligation thereof may apply to off or part of the Provider's operations funded by the Council. The Council's failure to terminate or suspend a Provider for past breaches of the Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate far said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. Either party may terminate this Agreement with ar without cause provided that such party shall give sixty (60} days notice in writing to the other party. Subject to the provisions of this Agreement, the Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 16. The Council may assess a charge amounting to five (5°/fl) percent of the Provider's current month's request to the Council for reimbursement for each month that a program is out of compliance with the timely submission of fiscal and programmatic data as required by Sections 3c, 9, 10, and 13 of the Agreement, utilizing the applicable procedures set forth in the Fiscal Guidelines. At the discretion of the Program F2eview Committee a $10.00 per day charge may be added to the 5% charge for items not submitted within 60 days of the original due date. This charge CSC_DOCS-t190745-v 1-091 OBoil erpi ateTemplate.DOC Created oci 3!2712009 3:17:00 PM may also apply if the program does not provide the Council with current copies of the fallowing documents: • Certificates of Insurance • License{s) to Operate AgencylProgram ® Audit and accompanying management letter 17. Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in the Agreement may be reduced in the event that the Council determines that the Provider will not spend the entire amount allocated by the end of the effective period of the Agreement, far example inability to maintain program capacity or meet parameters in Exhibit "B°'. This determination may be made {a) during the course of reviewing a budget revision submitted by the Provider pursuant to the Council's procedures or (b) based upon the Council's monitoring of Provider's program and its expenditure history. Before any such reduction becomes final, the Provider will be notified in writing of the proposed action and shah have the opportunity to address the Council's Board regarding the proposed reduction. The decision of the Council's E3oard on this issue shall be final. if the Council reduces the dollar amount, the Provider may, within the first 3q days after said Council action, terminate this Agreement upon 24 hours notice. Subject to the provisions of this Agreement, Council shall reimburse Provider for all monies expended up to and including the effective date of the termination. 18. The Agreement, which includes the attached Exhibits "A", "B", "C" and "D", as well as any other attachments andlor appendixes, if applicable, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the Agreement shall be deemed to exist or to bind any of the parties hereto. With the possible exception of an adjustment pursuant to paragraph 18 above, the Agreement shall not be modified unless in wri#ing and signed by both parties hereto. The parties may sign the Agreement or any modifrcations to this Agreement by means of an "electronic signature", as defined in X668.50, Florida Statutes. The parties further agree that the Agreement and any modifications may be treated as an "electronic record" pursuant to §668.5q, Florida Statutes. 19. The Provider agrees to comply with the fallowing General Conditions of Award: a. A designated Provider representative(s) must attend and participate in all appropriate scheduled provider meetings held by the Council andlor staff. b. Provider will make every effort to obtain staff that has the cultural competency and language skills to work successfully in the community with the population being served. c. Based on the law andlor best practices, Provider staff and volunteers must be screened (at Level ll), trained, and receive ongoing supervision by qualified professionals. d. Provider will notify the Council in writing within five (5) business days of any changes that affect the provision of the services, such as changes in the board chair or personnel (specifically including changes of the Executive Director, Chief Financial Officer, ar Program Director [or their equivalent]}. e. Provider will comply with the Council's Agency Administration and Governance and Nepotism policies. CSC DDCS-#90745-v1-0910Hoile€plateTempfate.I7DC Created on 3/2712009 3:17:00 PM f. All staff working in Council funded programs will follow the child abuse reporting requirements under Florida law. g. Provider will authorize Nonprofits First to share the results of the Agency Certification Taal and any reports generated from consequent technical assistance, with the Council, h, Provider will have obtained and shall maintain certification with Nonprofrts First during the term of this Agreement. Renewal of the Agreement will come at the discretion of the Council and shall be subject to the maintenance of such certification. if this is the first year of Council funding, Provider shall have obtained certification within the timeframe pursuant to the policy established by the Council (and acknowledges receipt of that policy, including the time frames far the milestones to be met during the process of obtaining certification) and shall thereafter maintain certification in order to be eligible for renewed funding. This condition does not apply t© municipalities ar other governmental entities. i. Provider agrees to give to its clients the statement regarding social security numbers, prepared by the Council, at such time, if any, that the Provider collects social security numbers from its clients. j. The Council retains rights to all non-consumable, non-disposable supplies, equipment, curricula and/or other materials purchased with the Council's funding. Should this Agreement be terminated or not renewed, any or all such materials shall be returned to the Council, or its designee(s) upon request, subject to the provision of paragraph 4.f, above for capital items. k. Provider will use the Council's logo, in any acceptable format provided in Council guidelines available on website (www.cscpbc.arq/csclagos), on all materials, including but oat limited to printed and video formats pertaining to the program's services funded by the Council, as well as, banners, flyers and other materials displayed at events far which the Council is a major sponsor. No variations of toga use, other than those specified in the guidelines, are permitted. The Council will produce and distribute to Provider collateral materials that speak to the system of services within which Provider is funded. Outside design and printing sources utilized by the Provider must ensure that the Council`s logo guidelines are stric#ly followed. 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( ~i ~ ~~ Q ~ 4.1.. ~ .~ p ~ n Vf / ~ v! / \ \/ .1-i ~ ~ ~ I 4 ~ _ U ~ ~ ~ ~ Q ~ ~ .. ~ ' ~ r ~ ca. ~ ~ ~ ms r.. ~ ~ ~ ~ ~ ~ ~ _~ ~ N e -- U O S Q N !A Cn ~^ ~ ~ .~.. ~ ~ vi ~ v ,Y ~ U Q ~ -p 4 c [-~. c ~.- ~ O ~ ~ ~ ~ .U ~ ~ U ~ ~ Q ~ d ~ ~ ~-' c ~ ` cp ~ ~ ~ m ¢ L1J c dy ~ cn ~. ~ o ire ~ a m v m c ~ ~ ~ ~ E 3 »- ur ~ ~ c ~ c m vy u m~ m 4 ro ,> N . r ~ ~ - a . o ° - ~ .~ ~..~ .G Qa ~ ~~ '~ OU _ GQ U C ~~ U ~ C .~' ~ ~ ~ d ~ U ~-, ~ ~ ~ ~ C ~ O f O ~ O fl Q U Q ~ ~ ~ ~ ~ , U ~ aZ . Q~~ p~ ..~ O m p a p~° Q m m p cn ;+_ p~ m O W W Pn 1 /~ V ~'~.,' 3 LO ,..:. i ~ C~ C3 L NN 'LL ~~ ~ ~' ~ ~ ~ ~ "o ~ ~ . '(~ ~ r.d r , V ~ ~ ~~ ~ n ~ ~ j .y-+ . ~0 . ~y . ..~ ~ ~ Q~ a , c~ o ~ ~ 'U ~ U ~. ~ ~ v Ul ~ ~ _- r ~ C '~ O ~' G . U ~ ~ ~ ~ ~..: ~ ~ ,~~;.. _ x ~ ~ ~-- o LL C " ~ ~ ` h- a ~ U ~ U m .. -~ I-- ~ a s Q m ~~-o ~ ~ c o aN L ~~ a~U voi ~ ~? --' ~ o F~ ~ - ~ ~ ~ o c ~~„ a ~ o o ~ a~.~ ~ L ~,m c~ ~.;,~ _c ~ ~ ~ c4 LA.. Cl. 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V V ~ ~ ~ :i ~ ~ Q Q ^ 'V 7, U C lJJ ~ U ~ ~ ~ (b U ~ ~ t6 ~ ~ ~ 4=- ~ ~ 0 ~ ~ ~ ~ ~ C ~ N ~ ~ U ~ q ~ .~ tf1 SO Q9 Cr ~~ ~ '""' ~~ ~N (~.~ Q -- m U ~ v o .~ = v O O N V] LL7 F~ C a~i Q b~ F N ~' vii n 7 r~ O O i v :~ ~ ~ [n 'C ~ ~ ~ ~ to . , ~ U ~ .~ . ~ ~ ~ ~ q} O U ~ Q a C ~ N ~j ~ ~ to ~ - ' ~ ,,,, x ~ -~ ~ O ~ C3 ~ ~ p N ~ ~ 7 . ~ ~ ~ Q' ~ ~ Q3 ' (~ O ~ ~ ~ ~ ~ v ~ ~ ~ C p~ ~ pS ~ ~ (gyp ~ d3 .. ~. ~ ~ CA "~ (~ p~ .mow ~ Ol ~ Q .~ ~ ~ ~ '3 ~ ~ -G ~ ~ 'CJ ~ 'O U7 .~ .C ~, ~O ~ Us n ~ U3 Off] N ` ~ ~ ~ `_ ~ o~~• E-~ '~ nm ~ ~ ~ ~O ~ a N C c... ~ O a i a ~ © UI ... -n ~ 'U ~ S7 a t~ OS ~ ,,,. r ° ~ ~ ° ~ ~- ~ ~ ~ Q ~ p ~ ~ ao y ~ . ~ - ~ ~ - .c ~ ~ ~ U , c ~ ~ ' O ~ ~ ~ ~ ~ T3 ~ ~ q~j .~ ~U ~ O3 ~ [n ~ ~ ~ ~ U ~ ~ o ~ ~ cis '~ o ` c o ~ v ~- p - ° .~ ~ i ~ ~ as uQi a c s' ~n~~- ~ ~ ` - o ~ ~ o v c3 ~- u' .3 ~ ~ a ~ ~' z' ~' ~ 3-a' ~ c ~ . ~, ~ o i - . ~ m ~. ~ - :.a~ c ~ ' n c - ~- ~ o c o ~ cu ~ ca c.z ~ ~ o v sts . c~. _ ~ ~ ~ ~~ o ~ U oQ ~ a~i ~ ~~ c ~~ ~~ ~ c~ ~ c~ CIS ! s... £l3 ~ ~ ,.~ d C O ..C C ~ ~ ~ ~ 43 ~ ~ U Y O ~ ~ O ~ O Q O ~ ~ ,~ ~ ~ ~ ~ ~ ~ ,C ~ ~ ? N ~ ~ ~ ~ ~ ~ U ~ ~ ro c ~ N c ~ U ~ ~ a ,~ m ~ o~ ~.~ a~i ~ ~ ~ cum ~~ :c . c ~ ~."~' . C.3 ~'Q ~:a ^- ~ U ~ L (ll ~ ~ ~ ~ ~ O ~ N .~ ~, N (6 ~ ~~ ~ ~ ~ ~ U ~ ~ ~ A ~ U ~ ~ ~ ~ ~ 0 J O C c~ ... ~ ~ ~ "~ 'z~ ~ ~ ~ ~ ~ . W to Dl ~ N ~ U ~- ~ ~ (~ ~ a ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ a c i. y a ~, o ' c ~-' a3 cn ~ ~ ~ a ~ ~ o .~ -~ as ~ a~ N o ~ ~ ~ ~ ~ . ~ ~ ~ m ~, ~. '~ ~ Q ~ ~O L ~ ~ ~ ~ O ~ ~ .. ~- o , ~ LL w ,~ ~ ~ n o ~ ~ C ~ ~ ~ ~ ~ ~ ~} o ~ ~, ~ ' `ham ;~ ~ ~ ~ in ~ ~ ~ ~ co .~ ~ •~ ~ ~ a. Y a U o ~~ .~ o c~ ~ a Y U '~ ~ ~ + x ~ ~ 'i ~ ~ ~ -z7 v ~ ~ Q ~ ~ . c o ~ -o ~ d -cs s n LE.I ~ ~ ~ ~ Cn . ~ Q ~ a} tl.l ~ €>_ ro .~ ~-- (~ ~v D. }-- t`z..~ sa ~ p T U ' ~j i (~~33 ' 'o o ~ m ~ ,--. = c c ~ c o U ~ ~ ~ (U .~ ~ -gyp U ~ ~ C rn ~ (~ .t (~... ~ ~ T Lll ~ Q1 ~ ~ ~ -~ _~ ~ ~ v Q ..-% ~.. (~ c cFS fU ~ ~ ~ ~ (13 N "6 ai ~ ~ ~ Q ~,,, Q .C .,-~ n.. u i n. O Q3 ~" j ~. ~ ~ ~ ~ ~7 ~ Ll. O • N ~ j ~ LLJ _ ~ ~ ~ p ~" ~ ~ "a . 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C Ct ro O ~ D .N ~ ~ ~ ~ C 3 O o I.i_ ro ~ ~ cll ~ ~ ~ ~ o .~ ~ ~ cUn ~ U ~ U ~ 0 ~ i ~ .T "O }_ C"CJ O U U7 ro ~D .~-~ t0 Cn N ~ -C a ro L' C ~ O ~ (6 ~ ~ C p ' U ~ ~ ~ ~ ~ ~ V} o tl1 Qf ~- .. C V5 7 tl} ~ ~ ~ Y tU ~ Ct3 . C ~ ~ O U 41 ~ ~ U ;w ~ w L~ U "C7 ~ (4 C L3 ~ N " ,. U] ~ . ~ ~ U1 rn . 7 a. U • N C7 ~, a p ~ ~ a .~ -p -~ ~ N ~ ~- _ `? -~ ~ ~ voi Q O c~3 We ~ ~ ~ ~ °' ~- ~ O ~ ~ Y ~ i--~ O O (0 U ~ ~ 4- ~ ~ V ~ 3 ; ^ ~ 3 U U ~ ~ c o o ~ ~- ~ a ~ ~ u; U F- O a cn U ~ *W ,`~ a'` . « to a ~. ~ ~' ~ ~ - ~" ~-- cotf ~ a ~ ~ cz. ~ w of csf 4i ~ c ~ . ~ ~ ~ ~ m x~ c~ ~ C C) q1 Q 'n O C6 ~ o ~ p U ~ c~ ~.. U ca. ~ c~ p U ~ X ~ F- c~ o u.7 cn (~ O -C 3 U) 0.. ~ m c~ ¢] ~ C~ m :'= N ~ O O.. O C 0_S ~~ ~ 5 ~ ~ O ~ m o c ri ` ~ o try ~- ~ ~ ~ ~, E ~ ~ a a~ ~, ~ ~ •~ a o ~ r- , _ a ~} .fl ~ N O ~- r C Q o N Q r m ~ Qp,~ m mCL. ,....U - ~.~ W 0 a' ~f LLd F- ~ S]. ~ U i O _~. ~ n C N ~ O Q) - tT (CS " ~ ~ ~ '""' N O a N G ~ c3 ~ ~ L N O ~ L2. ~ ~ - ~ p O G.,. ~ ~ N (U J -j ~ ~ O (~ Q7 UOJ ~ p ~ Q~j '~ 1.-.. L .~.~ L ~l» Y O uj ~ fn ~ L ~ 3 ~ 'µ U UI .~ Y N O U L CU .~ " ~ ~ ~ ICf C1~3 n O ~ c . O ~, ~ ((S ~ C ~ ~ N ~ ~ J ~ ~ ~CSS ~ (b ~ C ~ C U -• n ~ .~ (a ~ n •~ ~ O ~ Q7 O ~ ~ L r m as n. ~ ~ ~ c ro ~ .~ ~ ;a ~ ~ o~.. ~ ~ "3 ~ ~ ~ ° ~ ~ ° ~ m . S n ~ a~ c ~ s~ U 31 - }-- L a a a ~ ~ ~ U ~ N L U m .~ ~: ~ p n n ~~ a.... m ~ - o c ~ ~ o o ~ ~ m o ~, c~ ~ .~ .c ~- -o c L U L (~ c ~ -C ~ ~ ~ - ~ b ~ N _m ca ~ ~ ~ [ (~ C (n Q ~ ~ C~ ~~ O N~ O C (U O +' ~' n (0 N C ~ C a ~ ~ C 7 ~ '~ O S~. ~~ C ~ N fII L "-' ~, 0 Sp ~ U x.. ~ (~ U :~ ~ ,~ '~ L L ~ ~ 't'7 ~ ~ .c' _ N ~' ~ .. i °' ~ a a ~ ° n ~ c~ ~ C? ~ U n~ U V p T O t~ ~~ c O ~ ~_ ~ ~ ~ ~ Q C U ~ ~ ~ n ~ 7, ~ ~ ~ c N . ~ - ` ~ ~ Y U ct5 C a} ~ QJ C~ O 'a t7 ~ -Y ~ W U a ~ ~ .Q- Ul U ~ © ~ C N ~4 O .~ O ~ ~ ~ C O N .,, U ~U -~ ~ c a ~ ~ 4- ~ o Q p ~ ~ c ~ ~ ~ v "" `- o- L.. ~ ~ L p I ~ O ,... 07 O ~- U~ N ~ O~~ N C j ~ 4-~- .a. (~ ~ ~ {4 ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ee ~ V ~ l l ~ ~ O . c U d.- V ~~ ~ ~ ~ n n ~ ~ .~ ~ n ~ c~ - ~ n ~ ~., n ~ ~° a ~ ~- us ~ ~ ..n a ~ ~ ~ n ~ W a7 a~ ~ ~. ~ ~ ~ ~ cu ~ ~~ ~ mom' ~~.~' mm ~ Z ~ 0 '~ ° €u ~ u, -~ ~ ~ ~ o ~ ~ ~ .c m c ~ v ~. c v cll p~ ~ m o~•a,~ } , .~ ~ ~ L o~~~ ~ ~ o ~ ? C ^ ((S ~ U~ L n o ~ L CIS ~ ~ ~ ~ C ~ ~_ ~ ~ U . ~ n n ~ ~ U ~ '~ L ~ v ~ ~ n as ~ L n N u~ o ..... L...~ ~ ~- °- ~ ~ ~ ~ U ns ~ n ~ ,.~,. Q O ~, t~ ~ O ~ ~ O_ c c4 U~ ~, ~ . ~ > '_ ~ ~ ~ ~ >~ ~ C ~ j ~ ~ "O CC! U) `.` ~ (LS n'~ ~ ~ o ~ m N m Q O o ~ ~ Q1 4} ~ ~ ~ ~ U Q 43 ,a~ , .~~~ o ~ ~ ~ i a i ~ ' ~ o ~ m ~ Q l o ~ ~ Cn cl J c!3 RS U3 l iXl c1) U7 ~ U) ~ L CV L L C7 Jmcn C?7 "'~ -a C m C nay c a u. ~ c'Ja p ~- ~ Y *- (A (~j ~ U U r~ ~ o ~ ~ ~ C (ll i.. ~ ~ C L ~~'' ' • ~ O ~ ~ '6 ~' ~ ~ ~ 7 ~ (.) ~ ~ U ~ C ~ N U f4 ..aC ~,... 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Q7 Q, U c~ ~ a ..~ ~ i ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ w ~ ~ a. o c L {~ as C ~ ~ ~ '~ ~ ~ ~ ~ ,-~ SO 'p ~ ~ '~ Y ~ O -~ /~ V ~ ~ ~ Q [[^'""' Q /a~ ~ c .H ~.! ~ ~ ~ .~. ~1 ~ .C O~ N „_, Q c L am" O L .C fS3 U~ Q p Q~ Q~ ~'"~ p ~~ p N ~ Cl '~ ~ ~, Q G C ~ ' ~ (~ .._. c.. iD ~ ~ ~ ~ ~ ~ %. ~ O ~ ~_- ii7 ~ O O U Q N ~ .C ~~ ~ CSl 'p sue,. '~ O ~ L2. ' C U O U ~ U 'C ~ U Cz, (U O '~ ,t~7 (0 ~ ~ ~. C7 Q ~ ~. cII ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ •~ ~ U ' i~ ~ ~ ui ~ s- ' U ~ ua~ c cn O C2. ~ O ~ ~ "~ 4i O U ' ~ ~ ' O 'Q O [~.1. Q v„_. ~, ~~s ~ a a ro~ oU ~ O ~ cn _ t~ .~ ~ L s3 ~ ~ ,~ N ~ O ~ "C ~ ~ .Y Q Q .C~ ~ (n ~ ' - N O N ~ ~ ~ ..G ~ 7 G ~ Q T ~ ~ O "" ~ Q ~ U Q G.. -6 A ~U.r ~ .. 3 L- '~y ~ L C G w- ~ U3 i-- ~ U as ~ ~ ~~ ~a o ~r T ~ o ~ ~ ~ '~ m a-+ .. .. 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Q d d3 m ~ N "" ~ A- ~ ~ .Ll N ~ p ~ ~ ~ ~ {n O O ~ '~ ~ ~ W ~ '~'' ca {~ "~', ~ w U N - ~ ~ ~ - L ~ ' L UL1 ~ ~ ~ p O ~ ~ ~ ~ ~ ~ '~ ~ a l~ ~ ~ a in c:~. ca. ~- Q a ~..., p C ~ rn 0 0 N C7a rn J 7 C7 M W U a a~ U U ~"' W ,,~n V/ .~.. ~~ °•• H ~ ~ U N O ~ ~ ~ ~ '~ " ~ o ~ ~ ~, .~ p S ~ ~ ~ u3 ` ~ ~ U p O ~ ~ ~ ~ U n ~ ~ ~ ~ U ~ ° z ~ c i ~` O a i ~ ~ ~ U c Q ~, ~ -v m .~ U ~' ~' U ~ ,~ ~= W ~ ~? ~ cU ~ ~ > ~ ~ c ~ -a _ _ ~ ~ ~ ~ ~ ~ ~ a~ o ~ ~ ~ ~~., o m ~ Q a> m a~ sv ~- a~ U7 ~ ~ ~ E in [~] ~. ~ Q Z U] to tS3 ~ ~ o ~ ~; 'v ~ ~ ~ ~„~ o ~ ~Uz ~ _ ~ •~ -~ ~ ~ """ Cn 0! ~ O ~ - Y ~ ~ .-.. ~~ O L ~ -6 Q ~ O ~ ~ i p ~ ~ j . ~, ~ ]~ ~ '~ ~ ~ c ~ o -°~y} ~- a ~ ~ ~ -~ co _C2 ~ O ~ ~ }. ~ ~ ~ ~ Q ~ 43 -~ b ~ O O O ~ ~ , b ~ .~ ~ ~ N ~ C ~7 L (6 .C ~ j '~ ~ ~ ~2 ~ 3 ~ _ o ' ~ o m ~ ~- L- c3) ~ ~ ~ w ~. cu -p L o ~ ~ ~ ~ ~ ~ ~ ~ ..'~. Lam.. ~ O .. ~ U~3 C t/1 ~ "~~ Y ~ ~ C 7+ wL., ~' ~ fU ~ ~ ~ ~ ~ ~ ~ O ~ ¢ ~ C Cn :Y ~ U ~ Q ~ C L] ~ _ ~ D7 ~ ~ ~ L IU ~ ~ U3 '""". .. C L ~ ~ Q tLS 'p QS ~ ~ U ~ ~ ~ ~ ~ ~ L C ~ ~ d ~ ~ ~ O C ~ ~" ° ~ 'a ~ U cB ~ ~ to ~ ~ O ~ ~ ~ 4L " U ~ cll ~ ~ ~ ~ Q U ~ ' +N-' lU ~ ~ ~ '~ ~ ~ ~ ~ ~ U1 tJ (ll ^ p ~ ~ Q3 ~ ~ ~7. ~ ~ ~ L33 Q S6 sn ~ .~ ~ O ~ N US (II L L ~ vim- ~ "~ ~ '~ m ~ . U] ~ ~ M ~ _... i~ ~ ~ ;~ ~- ~, ~ C m a ~~, s~ = ~ L r ~, c , ~ v a LU - ~ ~ :n . .,.. a/~ 'c~ ~n m a ~ a ~ a ~ .t/.. ~. ~ gy / n LL ~ LY ~ Q. ~ / ~ / ~ LL Q vJ ~ Q. ( ~i ~ ~~ Q ~ 4.1.. ~ .~ p ~ n Vf / ~ v! / \ \/ .1-i ~ ~ ~ I 4 ~ _ U ~ ~ ~ ~ Q ~ ~ .. ~ ' ~ r ~ ca. ~ ~ ~ ms r.. ~ ~ ~ ~ ~ ~ ~ _~ ~ N e -- U O S Q N !A Cn ~^ ~ ~ .~.. ~ ~ vi ~ v ,Y ~ U Q ~ -p 4 c [-~. c ~.- ~ O ~ ~ ~ ~ .U ~ ~ U ~ ~ Q ~ d ~ ~ ~-' c ~ ` cp ~ ~ ~ m ¢ L1J c dy ~ cn ~. ~ o ire ~ a m v m c ~ ~ ~ ~ E 3 »- ur ~ ~ c ~ c m vy u m~ m 4 ro ,> N . r ~ ~ - a . o ° - ~ .~ ~..~ .G Qa ~ ~~ '~ OU _ GQ U C ~~ U ~ C .~' ~ ~ ~ d ~ U ~-, ~ ~ ~ ~ C ~ O f O ~ O fl Q U Q ~ ~ ~ ~ ~ , U ~ aZ . 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V V ~ ~ ~ :i ~ ~ Q Q ^ 'V 7, U C lJJ ~ U ~ ~ ~ (b U ~ ~ t6 ~ ~ ~ 4=- ~ ~ 0 ~ ~ ~ ~ ~ C ~ N ~ ~ U ~ q ~ .~ tf1 SO Q9 Cr ~~ ~ '""' ~~ ~N (~.~ Q -- m U ~ v o .~ = v O O N V] LL7 F~ C a~i Q b~ F N ~' vii n 7 r~ O O i v :~ ~ ~ [n 'C ~ ~ ~ ~ to . , ~ U ~ .~ . ~ ~ ~ ~ q} O U ~ Q a C ~ N ~j ~ ~ to ~ - ' ~ ,,,, x ~ -~ ~ O ~ C3 ~ ~ p N ~ ~ 7 . ~ ~ ~ Q' ~ ~ Q3 ' (~ O ~ ~ ~ ~ ~ v ~ ~ ~ C p~ ~ pS ~ ~ (gyp ~ d3 .. ~. ~ ~ CA "~ (~ p~ .mow ~ Ol ~ Q .~ ~ ~ ~ '3 ~ ~ -G ~ ~ 'CJ ~ 'O U7 .~ .C ~, ~O ~ Us n ~ U3 Off] N ` ~ ~ ~ `_ ~ o~~• E-~ '~ nm ~ ~ ~ ~O ~ a N C c... ~ O a i a ~ © UI ... -n ~ 'U ~ S7 a t~ OS ~ ,,,. r ° ~ ~ ° ~ ~- ~ ~ ~ Q ~ p ~ ~ ao y ~ . ~ - ~ ~ - .c ~ ~ ~ U , c ~ ~ ' O ~ ~ ~ ~ ~ T3 ~ ~ q~j .~ ~U ~ O3 ~ [n ~ ~ ~ ~ U ~ ~ o ~ ~ cis '~ o ` c o ~ v ~- p - ° .~ ~ i ~ ~ as uQi a c s' ~n~~- ~ ~ ` - o ~ ~ o v c3 ~- u' .3 ~ ~ a ~ ~' z' ~' ~ 3-a' ~ c ~ . ~, ~ o i - . ~ m ~. ~ - :.a~ c ~ ' n c - ~- ~ o c o ~ cu ~ ca c.z ~ ~ o v sts . c~. _ ~ ~ ~ ~~ o ~ U oQ ~ a~i ~ ~~ c ~~ ~~ ~ c~ ~ c~ CIS ! s... £l3 ~ ~ ,.~ d C O ..C C ~ ~ ~ ~ 43 ~ ~ U Y O ~ ~ O ~ O Q O ~ ~ ,~ ~ ~ ~ ~ ~ ~ ,C ~ ~ ? 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C Ct ro O ~ D .N ~ ~ ~ ~ C 3 O o I.i_ ro ~ ~ cll ~ ~ ~ ~ o .~ ~ ~ cUn ~ U ~ U ~ 0 ~ i ~ .T "O }_ C"CJ O U U7 ro ~D .~-~ t0 Cn N ~ -C a ro L' C ~ O ~ (6 ~ ~ C p ' U ~ ~ ~ ~ ~ ~ V} o tl1 Qf ~- .. C V5 7 tl} ~ ~ ~ Y tU ~ Ct3 . C ~ ~ O U 41 ~ ~ U ;w ~ w L~ U "C7 ~ (4 C L3 ~ N " ,. U] ~ . ~ ~ U1 rn . 7 a. U • N C7 ~, a p ~ ~ a .~ -p -~ ~ N ~ ~- _ `? -~ ~ ~ voi Q O c~3 We ~ ~ ~ ~ °' ~- ~ O ~ ~ Y ~ i--~ O O (0 U ~ ~ 4- ~ ~ V ~ 3 ; ^ ~ 3 U U ~ ~ c o o ~ ~- ~ a ~ ~ u; U F- O a cn U ~ *W ,`~ a'` . « to a ~. ~ ~' ~ ~ - ~" ~-- cotf ~ a ~ ~ cz. ~ w of csf 4i ~ c ~ . ~ ~ ~ ~ m x~ c~ ~ C C) q1 Q 'n O C6 ~ o ~ p U ~ c~ ~.. U ca. ~ c~ p U ~ X ~ F- c~ o u.7 cn (~ O -C 3 U) 0.. ~ m c~ ¢] ~ C~ m :'= N ~ O O.. O C 0_S ~~ ~ 5 ~ ~ O ~ m o c ri ` ~ o try ~- ~ ~ ~ ~, E ~ ~ a a~ ~, ~ ~ •~ a o ~ r- , _ a ~} .fl ~ N O ~- r C Q o N Q r m ~ Qp,~ m mCL. ,....U - ~.~ W 0 a' ~f LLd F- ~ S]. ~ U i O _~. ~ n C N ~ O Q) - tT (CS " ~ ~ ~ '""' N O a N G ~ c3 ~ ~ L N O ~ L2. ~ ~ - ~ p O G.,. ~ ~ N (U J -j ~ ~ O (~ Q7 UOJ ~ p ~ Q~j '~ 1.-.. L .~.~ L ~l» Y O uj ~ fn ~ L ~ 3 ~ 'µ U UI .~ Y N O U L CU .~ " ~ ~ ~ ICf C1~3 n O ~ c . O ~, ~ ((S ~ C ~ ~ N ~ ~ J ~ ~ ~CSS ~ (b ~ C ~ C U -• n ~ .~ (a ~ n •~ ~ O ~ Q7 O ~ ~ L r m as n. ~ ~ ~ c ro ~ .~ ~ ;a ~ ~ o~.. ~ ~ "3 ~ ~ ~ ° ~ ~ ° ~ m . S n ~ a~ c ~ s~ U 31 - }-- L a a a ~ ~ ~ U ~ N L U m .~ ~: ~ p n n ~~ a.... m ~ - o c ~ ~ o o ~ ~ m o ~, c~ ~ .~ .c ~- -o c L U L (~ c ~ -C ~ ~ ~ - ~ b ~ N _m ca ~ ~ ~ [ (~ C (n Q ~ ~ C~ ~~ O N~ O C (U O +' ~' n (0 N C ~ C a ~ ~ C 7 ~ '~ O S~. ~~ C ~ N fII L "-' ~, 0 Sp ~ U x.. ~ (~ U :~ ~ ,~ '~ L L ~ ~ 't'7 ~ ~ .c' _ N ~' ~ .. i °' ~ a a ~ ° n ~ c~ ~ C? ~ U n~ U V p T O t~ ~~ c O ~ ~_ ~ ~ ~ ~ Q C U ~ ~ ~ n ~ 7, ~ ~ ~ c N . ~ - ` ~ ~ Y U ct5 C a} ~ QJ C~ O 'a t7 ~ -Y ~ W U a ~ ~ .Q- Ul U ~ © ~ C N ~4 O .~ O ~ ~ ~ C O N .,, U ~U -~ ~ c a ~ ~ 4- ~ o Q p ~ ~ c ~ ~ ~ v "" `- o- L.. ~ ~ L p I ~ O ,... 07 O ~- U~ N ~ O~~ N C j ~ 4-~- .a. (~ ~ ~ {4 ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ee ~ V ~ l l ~ ~ O . c U d.- V ~~ ~ ~ ~ n n ~ ~ .~ ~ n ~ c~ - ~ n ~ ~., n ~ ~° a ~ ~- us ~ ~ ..n a ~ ~ ~ n ~ W a7 a~ ~ ~. ~ ~ ~ ~ cu ~ ~~ ~ mom' ~~.~' mm ~ Z ~ 0 '~ ° €u ~ u, -~ ~ ~ ~ o ~ ~ ~ .c m c ~ v ~. c v cll p~ ~ m o~•a,~ } , .~ ~ ~ L o~~~ ~ ~ o ~ ? C ^ ((S ~ U~ L n o ~ L CIS ~ ~ ~ ~ C ~ ~_ ~ ~ U . ~ n n ~ ~ U ~ '~ L ~ v ~ ~ n as ~ L n N u~ o ..... L...~ ~ ~- °- ~ ~ ~ ~ U ns ~ n ~ ,.~,. Q O ~, t~ ~ O ~ ~ O_ c c4 U~ ~, ~ . ~ > '_ ~ ~ ~ ~ >~ ~ C ~ j ~ ~ "O CC! U) `.` ~ (LS n'~ ~ ~ o ~ m N m Q O o ~ ~ Q1 4} ~ ~ ~ ~ U Q 43 ,a~ , .~~~ o ~ ~ ~ i a i ~ ' ~ o ~ m ~ Q l o ~ ~ Cn cl J c!3 RS U3 l iXl c1) U7 ~ U) ~ L CV L L C7 Jmcn C?7 "'~ -a C m C nay c a u. ~ c'Ja p ~- ~ Y *- (A (~j ~ U U r~ ~ o ~ ~ ~ C (ll i.. ~ ~ C L ~~'' ' • ~ O ~ ~ '6 ~' ~ ~ ~ 7 ~ (.) ~ ~ U ~ C ~ N U f4 ..aC ~,... O GL ~ C ~ '~ ~ U nca , c~ ~ ~ ~- ~- ,~ ~ ~ LL. .~ ~ ~ ~ ~ ~ ¢ ~ N .~ ~ C O ~ ~ ~ N O ~ ~ N O a-~ c ~+ ~~n f4 ~ ~ c u> cU ~ j DJ L L ~ U ~ (~ O Q ~ t C Q3 Q 7 ~ ~ O x E' ~. ~ ~ ~ N Cl S[f . ~ .~ ., ~ .,~ '~ ~} O V V ~ ~ ~ ~ N ~ t1 c~ 'C ~S q'S U r~ ~'~ c~ ~ O C n ' nI n C? -~ OM c ~- C1.7 X (6 () O O (,) ~ S {~ c0 ~ a3 D }' -- ~ (J c0 ^ ~ O ~ ^ ~ = p L 03 Q .-cqU .~tl~ cI~ ...... ..W LL ~ - - U ~ n a ;n J O I U v) {.3 H IJ.I 0 v oy c us as c~ ~ p ur ~ ' ~ o 0 ~.. ur ' ~ ~, = ~ ur ~ ~ ,. ~ ~ ~ ~ aS ~ ~ ~ ~ C ~ ~ (Cl ~ ~ ~ ~ N (~ ~ Q ~ N ~ ,Y 'a ~ O ~ ~ O N ~ U ~ 'C ~ O O (II "C3 aj ~ ~' _ Q "C7 Q Q ~ ,- `" Q s"' ~ Q N ..~ •.-~ ~ C ~ O~ Q~ Y N~ L ~ ~ 'D C.Z. "tea C ~ 0f3 .i~ j ~' ~ ~ In Q ~ U ~ _ RS O O Q3 •~ W U ~ U ~ Q ~ o U ~ U c .~ _ ca. uy . Q7 Q, U c~ ~ a ..~ ~ i ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ w ~ ~ a. o c L {~ as C ~ ~ ~ '~ ~ ~ ~ ~ ,-~ SO 'p ~ ~ '~ Y ~ O -~ /~ V ~ ~ ~ Q [[^'""' Q /a~ ~ c .H ~.! ~ ~ ~ .~. ~1 ~ .C O~ N „_, Q c L am" O L .C fS3 U~ Q p Q~ Q~ ~'"~ p ~~ p N ~ Cl '~ ~ ~, Q G C ~ ' ~ (~ .._. c.. iD ~ ~ ~ ~ ~ ~ %. ~ O ~ ~_- ii7 ~ O O U Q N ~ .C ~~ ~ CSl 'p sue,. '~ O ~ L2. ' C U O U ~ U 'C ~ U Cz, (U O '~ ,t~7 (0 ~ ~ ~. C7 Q ~ ~. cII ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ •~ ~ U ' i~ ~ ~ ui ~ s- ' U ~ ua~ c cn O C2. ~ O ~ ~ "~ 4i O U ' ~ ~ ' O 'Q O [~.1. Q v„_. ~, ~~s ~ a a ro~ oU ~ O ~ cn _ t~ .~ ~ L s3 ~ ~ ,~ N ~ O ~ "C ~ ~ .Y Q Q .C~ ~ (n ~ ' - N O N ~ ~ ~ ..G ~ 7 G ~ Q T ~ ~ O "" ~ Q ~ U Q G.. -6 A ~U.r ~ .. 3 L- '~y ~ L C G w- ~ U3 i-- ~ U as ~ ~ ~~ ~a o ~r T ~ o ~ ~ ~ '~ m a-+ .. .. N ~ Q ~ ~ O ~ ~ ~ C ...~ V 4} N ~_ E ~ I L ~ U ~ . i C7 Q ~ ~ Q ~ ~ ~ ~ ~ ~ .c v 'a ~ -~ O Coi .rn v ~ o Q - .~ ,~ ~, .~ ~ ~... c ~ N ~,,, . ~ .c m c a y ~ y w coo Q. ~ ~ a~ ~ ~ '~ ~ W - ~ -a c~ o ~ ~ F- ~ m a ~ ~ ~ -o ~, . ~ ~ ~ 'CS . ~ ~ m voi ~ . s~ v N ~ ~ ~ ~ .~ ~ ro c ~- ~ w... ~ ~ ~ T ~ a ~ ~ r ` .~ a ~ ~ ui - ~ ~ ~ ~ ~ ~- ~ c ~ ~- ~ cn C ~ ~ U 'S O ~ C L1J ~ ~ ~ L (~ O Q ~ 1..... 4S O Q v-.. ~ (~ ~ U ~ O N ~ ~ ~ ~ ~ ~ ~ ~ ~ o as c ri c = U ~ _ ~ `~ ~ mU ~ ~' ~ c o ~ -- _ ~ ~ 3 ~ ~ ~ ~ o ~' ~ ' ~ ~ . 0 ~ ~ ¢ ~ ~ ~ ~ , ~ U j ~ ua ~ . ~ ~ 0. °~ o2S ~ ~ ~ ~ ~ {l3 ~ ~ ~ n o ~ ~ ~ ~ c T ~ ~ m .Q ~' ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ n ~ o ~ o ro ~ , `,7' ~ O O L a ~ o v ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ > ~ a .~ uJ a~ ca c~ ~ C7 ~ ~ , . ~~ °'~~ ~ • ~ _ ~ ~~~4 p ~ ~ J ~~ q~ cU ' ~ 7 cn Q.. W ~ cll - ~ © a fS, O ~ U5 [LrS O ~ t4 ~ C ~ U cF ~ U r ~ _ ~ ~. ? ; ,_ O ~s c ~ a ~ c ~ ~ G ~ N U ~ L .l T ` ~ ~ •~ 01 ~ -O ,~ Cl (n ~ O W ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ 4L ~ +~ x LL.1 (~ ct1 ~ U ~ .C -. ~ ..1 ~ ~ C }~. _ I .. .N,,, ,~ 7. L.. N 'O (~ ~~ ~ ~. Ul.. ~ C ~ ~ ~ U_ f2.. a J O }.^" ~ ~ ~ ~ ciy ~ LLJ d -a U .n LLi ~ 6 ro (n Q) f!) ..+ ~ ~ 7 [~ ~ [p ~ © O ~ Ca G C LtJ v ~ ~ (~ ~ r-.:Q} ~ G ~ C Y ~ O .. ~ U _. ~a- ~ U ~ s .. tG ~ 1- ~ ~ " ~ LU W J ~ U ~ w © ~ C ~ ~y. ~ cq ~ ~ ~ c~ ' 41 ' r13 •~ Z7 11.1 ~ v- ¢ u ~ ~ t O ~ ~ ~ ~ ~ ~ o ~-. . V S7 O ~ N U U QS ~ it) N ~.'^ W W ~yq VJ PJ) W O a. ~ m ~ ~ V U ~ to ~ a~ u; ~ c ~. c O °' ~ ~ ^, ^ ~° a~ U o~ ~ ° ~~ ~ ~ p ~. ~"" ~ O ~ ~ Q ~' ~pC'1, , C ~ ~.0.Gj~v~3 ~ fl.a~~ m; ~ ... y W ~ v, a~ ~ ,~ n ~ ~ m o ~ a wW ." L ~.... ~ ~ ~ (J ~ . ~ ~ t Q - O . ~ ~ n ~~ C ~ ~ U p O r~ ~ ~ ~ ~ TZ ~ O .~ U ~ O ~ ~ 0 p ~.- -p C~ 6 41 K ~ p c~ tJ ~' C~ ~ di ~ Q' .~ am:. Cr3 CCl Qj (CS p. -p v O ~ ~ ~ ~ c o- ~ C7 .. ~ c Q Q o ZlL ' Q~ .s~ U ~^ Z ~, ~ o U •-- ~ ~ }, ~ ti ~- ~ ~ ~ ^s -~ N c ~ ~ yr ~. ~ ~ ~. ~ (3J UJ ~ C3 ~ ~ L7» F- ~ ~ u) ~ tl~ vii ~/~ . V / ~i L11 ~ L Y ~..~.. ~ ~ U ~ O ~ ~~ ~ ~ O O ~ ~ p ~Q C7 ~ p O ~ p ~ ~ D}~ V +~ ~ Q p ~ ~ ~ _ nn~ U ~ `- ~ ~ ~~ ~ (~ ~ LL. QJ L .ate., .wS..a MW ~ L 0 ~ CJ} L J ~ ~- L U QJ U 7+ . ~ 4... Q N N ~ L~ OC3 Gl ~ Ql ~ to ~ ~ U~ _° fl a ~ ~. ~ ~ ~ ~ ~' °J ~ ~ ~ ~ o ? y ~ ~ ~ m p ~ ~ ~ ~ p ~ rn . i ~ ~ U' o a o a' ~ ~ • ~ tLE r~ c~ ~ ~ „~ x C~ 07 W U Q Q Q C2. o C1R ,~.. QCL ©> C.) Q.. w ~ ~ ~, ~ , y ~ ~ T Q. y-}, ~ ~ ~ , ~ 7 p ~ ~ ~ C ~. U ~~ ~ a ~ ca ~ c o- ~ C~ ~Q~.a'u ~ ~ ~. ~~ a ~ :~~~ ~ n 3 ~ ~~ ''~~ ~ ~ -~ GG ~n ~ a, ~ ~ ~ c ~ o ~i ~ c~ ~' ~ ' ' CV - {S3 ~ te ~ ~ ~ C7 ~ "C7 .p ~.. a --. C ~ ~ CJ7 .~ ~ ~ ('~ p p [ll ~' A d ~ , ~ .~ ~ i~. ~ • ~ p O CCi p ~ W s =~ Q U ~ k O .C O i.. N ~ L ~ Y w.s A ~ 4- ~ .~ ~ r ~ ~ ~ ~ ~~ ~ ~ ~ ~ Q ~ " .y w.-.. to ~ } q ~ .~ p ~ C7 ~ ~ _ cJ ~ ~ U Q ~ ~ ~ a~.r ~ ~~~0•` ~ ~ Q o Q a ~f] 7 C3 0 M p ~~ ~"' W ,,~n V/ .~.. ~~ °•• H ~ ~ U N O ~ ~ ~ ~ '~ " ~ o ~ ~ ~, .~ p S ~ ~ ~ u3 ` ~ ~ U p O ~ ~ ~ ~ U n ~ ~ ~ ~ U ~ ° z ~ c i ~` O a i ~ ~ ~ U c Q ~, ~ -v m .~ U ~' ~' U ~ ,~ ~= W ~ ~? ~ cU ~ ~ > ~ ~ c ~ -a _ _ ~ ~ ~ ~ ~ ~ ~ a~ o ~ ~ ~ ~~., o m ~ Q a> m a~ sv ~- a~ U7 ~ ~ ~ E in [~] ~. ~ Q Z U] to tS3 ~ ~ o ~ ~; 'v ~ ~ ~ ~„~ o ~ ~Uz ~ _ ~ •~ -~ ~ ~ """ Cn 0! ~ O ~ - Y ~ ~ .-.. ~~ O L ~ -6 Q ~ O ~ ~ i p ~ ~ j . ~, ~ ]~ ~ '~ ~ ~ c ~ o -°~y} ~- a ~ ~ ~ -~ co _C2 ~ O ~ ~ }. ~ ~ ~ ~ Q ~ 43 -~ b ~ O O O ~ ~ , b ~ .~ ~ ~ N ~ C ~7 L (6 .C ~ j '~ ~ ~ ~2 ~ 3 ~ _ o ' ~ o m ~ ~- L- c3) ~ ~ ~ w ~. cu -p L o ~ ~ ~ ~ ~ ~ ~ ~ ..'~. Lam.. ~ O .. ~ U~3 C t/1 ~ "~~ Y ~ ~ C 7+ wL., ~' ~ fU ~ ~ ~ ~ ~ ~ ~ O ~ ¢ ~ C Cn :Y ~ U ~ Q ~ C L] ~ _ ~ D7 ~ ~ ~ L IU ~ ~ U3 '""". .. C L ~ ~ Q tLS 'p QS ~ ~ U ~ ~ ~ ~ ~ ~ L C ~ ~ d ~ ~ ~ O C ~ ~" ° ~ 'a ~ U cB ~ ~ to ~ ~ O ~ ~ ~ 4L " U ~ cll ~ ~ ~ ~ Q U ~ ' +N-' lU ~ ~ ~ '~ ~ ~ ~ ~ ~ U1 tJ (ll ^ p ~ ~ Q3 ~ ~ ~7. ~ ~ ~ L33 Q S6 sn ~ .~ ~ O ~ N US (II L L ~ vim- ~ "~ ~ '~ m ~ . U] ~ ~ M ~ _... i~ ~ ~ ;~ ~- ~, ~ C m a ~~, s~ = ~ L r ~, c , ~ v a LU - ~ ~ :n . .,.. a/~ 'c~ ~n m a ~ a ~ a ~ .t/.. ~. ~ gy / n LL ~ LY ~ Q. ~ / ~ / ~ LL Q vJ ~ Q. ( ~i ~ ~~ Q ~ 4.1.. ~ .~ p ~ n Vf / ~ v! / \ \/ .1-i ~ ~ ~ I 4 ~ _ U ~ ~ ~ ~ Q ~ ~ .. ~ ' ~ r ~ ca. ~ ~ ~ ms r.. ~ ~ ~ ~ ~ ~ ~ _~ ~ N e -- U O S Q N !A Cn ~^ ~ ~ .~.. ~ ~ vi ~ v ,Y ~ U Q ~ -p 4 c [-~. c ~.- ~ O ~ ~ ~ ~ .U ~ ~ U ~ ~ Q ~ d ~ ~ ~-' c ~ ` cp ~ ~ ~ m ¢ L1J c dy ~ cn ~. ~ o ire ~ a m v m c ~ ~ ~ ~ E 3 »- ur ~ ~ c ~ c m vy u m~ m 4 ro ,> N . r ~ ~ - a . o ° - ~ .~ ~..~ .G Qa ~ ~~ '~ OU _ GQ U C ~~ U ~ C .~' ~ ~ ~ d ~ U ~-, ~ ~ ~ ~ C ~ O f O ~ O fl Q U Q ~ ~ ~ ~ ~ , U ~ aZ . Q~~ p~ ..~ O m p a p~° Q m m p cn ;+_ p~ m O W W Pn 1 /~ V ~'~.,' 3 LO ,..:. i ~ C~ C3 L NN 'LL ~~ ~ ~' ~ ~ ~ ~ "o ~ ~ . '(~ ~ r.d r , V ~ ~ ~~ ~ n ~ ~ j .y-+ . ~0 . ~y . ..~ ~ ~ Q~ a , c~ o ~ ~ 'U ~ U ~. ~ ~ v Ul ~ ~ _- r ~ C '~ O ~' G . U ~ ~ ~ ~ ~..: ~ ~ ,~~;.. _ x ~ ~ ~-- o LL C " ~ ~ ` h- a ~ U ~ U m .. -~ I-- ~ a s Q m ~~-o ~ ~ c o aN L ~~ a~U voi ~ ~? --' ~ o F~ ~ - ~ ~ ~ o c ~~„ a ~ o o ~ a~.~ ~ L ~,m c~ ~.;,~ _c ~ ~ ~ c4 LA.. Cl. CL. o .,_, _~ ~ vj O 'L7 ~ U L). ~ ~ L ~ ~ ~ Ui U ~ U O ~ ~ ~ tU ~ ~ ~ ~ Q ~ ~ `~'`~ v o ~ N `- U U ~ ~ U'~ ~ ~ 'A."B `. C ((} ,. i ~ U F ~ C Q) ~ . ~ C ~ ~ ~ O ~ ro N N ~ ~ ~ v } ~ ....~ U .~... V V ~ ~ ~ :i ~ ~ Q Q ^ 'V 7, U C lJJ ~ U ~ ~ ~ (b U ~ ~ t6 ~ ~ ~ 4=- ~ ~ 0 ~ ~ ~ ~ ~ C ~ N ~ ~ U ~ q ~ .~ tf1 SO Q9 Cr ~~ ~ '""' ~~ ~N (~.~ Q -- m U ~ v o .~ = v O O N V] LL7 F~ C a~i Q b~ F N ~' vii n 7 r~ O O i v :~ ~ ~ [n 'C ~ ~ ~ ~ to . , ~ U ~ .~ . ~ ~ ~ ~ q} O U ~ Q a C ~ N ~j ~ ~ to ~ - ' ~ ,,,, x ~ -~ ~ O ~ C3 ~ ~ p N ~ ~ 7 . ~ ~ ~ Q' ~ ~ Q3 ' (~ O ~ ~ ~ ~ ~ v ~ ~ ~ C p~ ~ pS ~ ~ (gyp ~ d3 .. ~. ~ ~ CA "~ (~ p~ .mow ~ Ol ~ Q .~ ~ ~ ~ '3 ~ ~ -G ~ ~ 'CJ ~ 'O U7 .~ .C ~, ~O ~ Us n ~ U3 Off] N ` ~ ~ ~ `_ ~ o~~• E-~ '~ nm ~ ~ ~ ~O ~ a N C c... ~ O a i a ~ © UI ... -n ~ 'U ~ S7 a t~ OS ~ ,,,. r ° ~ ~ ° ~ ~- ~ ~ ~ Q ~ p ~ ~ ao y ~ . ~ - ~ ~ - .c ~ ~ ~ U , c ~ ~ ' O ~ ~ ~ ~ ~ T3 ~ ~ q~j .~ ~U ~ O3 ~ [n ~ ~ ~ ~ U ~ ~ o ~ ~ cis '~ o ` c o ~ v ~- p - ° .~ ~ i ~ ~ as uQi a c s' ~n~~- ~ ~ ` - o ~ ~ o v c3 ~- u' .3 ~ ~ a ~ ~' z' ~' ~ 3-a' ~ c ~ . ~, ~ o i - . ~ m ~. ~ - :.a~ c ~ ' n c - ~- ~ o c o ~ cu ~ ca c.z ~ ~ o v sts . c~. _ ~ ~ ~ ~~ o ~ U oQ ~ a~i ~ ~~ c ~~ ~~ ~ c~ ~ c~ CIS ! s... £l3 ~ ~ ,.~ d C O ..C C ~ ~ ~ ~ 43 ~ ~ U Y O ~ ~ O ~ O Q O ~ ~ ,~ ~ ~ ~ ~ ~ ~ ,C ~ ~ ? N ~ ~ ~ ~ ~ ~ U ~ ~ ro c ~ N c ~ U ~ ~ a ,~ m ~ o~ ~.~ a~i ~ ~ ~ cum ~~ :c . c ~ ~."~' . C.3 ~'Q ~:a ^- ~ U ~ L (ll ~ ~ ~ ~ ~ O ~ N .~ ~, N (6 ~ ~~ ~ ~ ~ ~ U ~ ~ ~ A ~ U ~ ~ ~ ~ ~ 0 J O C c~ ... ~ ~ ~ "~ 'z~ ~ ~ ~ ~ ~ . W to Dl ~ N ~ U ~- ~ ~ (~ ~ a ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ a c i. y a ~, o ' c ~-' a3 cn ~ ~ ~ a ~ ~ o .~ -~ as ~ a~ N o ~ ~ ~ ~ ~ . ~ ~ ~ m ~, ~. '~ ~ Q ~ ~O L ~ ~ ~ ~ O ~ ~ .. ~- o , ~ LL w ,~ ~ ~ n o ~ ~ C ~ ~ ~ ~ ~ ~ ~} o ~ ~, ~ ' `ham ;~ ~ ~ ~ in ~ ~ ~ ~ co .~ ~ •~ ~ ~ a. Y a U o ~~ .~ o c~ ~ a Y U '~ ~ ~ + x ~ ~ 'i ~ ~ ~ -z7 v ~ ~ Q ~ ~ . c o ~ -o ~ d -cs s n LE.I ~ ~ ~ ~ Cn . ~ Q ~ a} tl.l ~ €>_ ro .~ ~-- (~ ~v D. }-- t`z..~ sa ~ p T U ' ~j i (~~33 ' 'o o ~ m ~ ,--. = c c ~ c o U ~ ~ ~ (U .~ ~ -gyp U ~ ~ C rn ~ (~ .t (~... ~ ~ T Lll ~ Q1 ~ ~ ~ -~ _~ ~ ~ v Q ..-% ~.. (~ c cFS fU ~ ~ ~ ~ (13 N "6 ai ~ ~ ~ Q ~,,, Q .C .,-~ n.. u i n. O Q3 ~" j ~. ~ ~ ~ ~ ~7 ~ Ll. O • N ~ j ~ LLJ _ ~ ~ ~ p ~" ~ ~ "a . U ~ C3 ~ r x ~ sv c' m ~ ~ u1 ~ o ~ -~ o~ ¢w ~ ~ ~ ¢~ ¢ ¢ a , ~ I>3 P O rn rn Y, _~ G G3 K ar a i U n n 0 c~' U ~.°' T ~_ V N ~ ~ ~ ~ ~~ ~ a ~ ~ c~ ~ ~ ~ a,~.a~ca~~ ~~~o ~~~ U o~.~a o~•~ ~ C O ~ '~ p L} ~ . ~ N ~ C ~ ro [0 (~ ~ ~ ~ ~ ~ Cif ~ C ~ ~ ` a ~y N ~ C77 p ~ ~ ~ (~ N ` U ~•' 4S Uf Uf ~ f6 ~ ~ a ~ 01 ~ 7 ~ ~ ~ d p O) ~ ~ ~ a ~ O '~ ~ _ Q a a ~ ~ ~ ~ ~ m ~ 3 ~ ' ~ a C .~ C O p o N of ~ .,_, ~ o U Ul ~ ~ i ~ '~. ro ~ ' T ~ p . O ~' O w.. .~ N ` ~ ui ~ .C O {{3 ~~ ,a tll ~ #Y ,C 0J ~ O_ ty"7 fU0 C~ C U ~ a O O O `~ ~ ~~ C O U~ U p- (d Q C31 ~ r p _ N '~ ~ ~ ~ o' ,-_ _ ~ ~ ~ ~ ~~ ~ C2. ~ o o ~ '-~ w-+ ~ ~ ~o ro o ~ •~ a .~ c o ~ ~ tR _ _ ~' ? '" ~ 00 Q C2 o C U • C • ~ ~ p s a . ~ J ~ ~ ro ~ O ~ t~ ' - ~ ~ .~ Yi a u ~ ~ ' '~ tt~ x ~ m ~ ~ ~ ~ ~ o ~ ~ -~ o r N ~ of cct ~ ~ x.. ~ ~ ~ ~ •~ ~ 'p C(5 ~ a C O O ~ N L {- ~ ~ U3 ~ ' ~ ~ L2 Q. 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C Ct ro O ~ D .N ~ ~ ~ ~ C 3 O o I.i_ ro ~ ~ cll ~ ~ ~ ~ o .~ ~ ~ cUn ~ U ~ U ~ 0 ~ i ~ .T "O }_ C"CJ O U U7 ro ~D .~-~ t0 Cn N ~ -C a ro L' C ~ O ~ (6 ~ ~ C p ' U ~ ~ ~ ~ ~ ~ V} o tl1 Qf ~- .. C V5 7 tl} ~ ~ ~ Y tU ~ Ct3 . C ~ ~ O U 41 ~ ~ U ;w ~ w L~ U "C7 ~ (4 C L3 ~ N " ,. U] ~ . ~ ~ U1 rn . 7 a. U • N C7 ~, a p ~ ~ a .~ -p -~ ~ N ~ ~- _ `? -~ ~ ~ voi Q O c~3 We ~ ~ ~ ~ °' ~- ~ O ~ ~ Y ~ i--~ O O (0 U ~ ~ 4- ~ ~ V ~ 3 ; ^ ~ 3 U U ~ ~ c o o ~ ~- ~ a ~ ~ u; U F- O a cn U ~ *W ,`~ a'` . « to a ~. ~ ~' ~ ~ - ~" ~-- cotf ~ a ~ ~ cz. ~ w of csf 4i ~ c ~ . ~ ~ ~ ~ m x~ c~ ~ C C) q1 Q 'n O C6 ~ o ~ p U ~ c~ ~.. U ca. ~ c~ p U ~ X ~ F- c~ o u.7 cn (~ O -C 3 U) 0.. ~ m c~ ¢] ~ C~ m :'= N ~ O O.. 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U C '~ ~ C C ~ O -.~ i9 ~ ~ SC6 Q.1 ~ C ~ ~ ~ •~ ~ p ~ U ~ 'y C~ O ~ ~+ ~ O O ~ iU ~ ~ N 0 v ~ U 4.1 , O U (B C ~ ~ .~ ~ f/1 ~ ~ . ~ a ~ ~ ~ ~ Cf1 O (~ U ~ L U Q ° ~ ' ~~ [j o'~.~ N c~ o c ~ ~~ ~o c~ ~. ~_ c O ~ ~ o ~ ¢~ o as .N m ~ z~ H... ~ U O om ~ c ~ ;_° m © 7t (ll ~ fn ~ C ~ '~ t ... '~ v.- C ~ ~, Uk V p O [tf ~ ~ ¢ Q ~ O ~ Q3 Z ~ ~ O U O ~ ~ V i Q1 U ~ ~ 0. ~ ~ ~' 4ll C n ~ ` .~' fll N ~ Cfl 0] ~ p . Q d d3 m ~ N "" ~ A- ~ ~ .Ll N ~ p ~ ~ ~ ~ {n O O ~ '~ ~ ~ W ~ '~'' ca {~ "~', ~ w U N - ~ ~ ~ - L ~ ' L UL1 ~ ~ ~ p O ~ ~ ~ ~ ~ ~ '~ ~ a l~ ~ ~ a in c:~. ca. ~- Q a ~..., p C ~ rn 0 0 N C7a rn J 7 C7 M W U a a~ U U EXHIBIT "C" Budget CSC_DOCS-#90745-v f -0910Boi[erpl ateTemplate.DC3C Created on 3/27/2009 3:17:00 PM Exhib[t G'I BEACON CENTER AT VILLAGE ACADEMY [- 475] CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) ACCT# TITLE OS-09 09-10 08-09 fl9-10 FROG. PROD. % ORIG. ORIG. BLIDG. BUDG. CHG. ALLOC. ALLOC. CMG. Salary Acrountg; 569.120 Regular Salaries and Wages $fl $0 0% $0 $0 0% i ota~ ~atary Fringe Accounts: 569.210 FICA $0 $0 0% ~ $0 $0 ~ 0% 569.22fl Retirement Confrif~utipns $0 $0 I 0% $0 $0 0°/a 569.230 Life and Health Inscrance $0 $0 0°/a $0 $D 0% 569.240 Workers Compensation $0 $0 ~ 0% $0 $0 ( 0% 589.250 Unemployment Compensation $0 $0 0% $0 $0 0%0 i ota~ rronge $Q $q 0% $fl $q ~% t7perating Expense Accounts: 600.101 TravelfT"ransportation $0 $0 Oa/° $0 $0 ~ ©% 600.1fl2 ConferenceslRegistratianlt"ravel $0 $0 0% $0 $0 0°/a 600.301 Tetephpne $0 $0 p% $0 $0 0°/° 600.302 Postage & Shipping $0 $0 0°/a $fl $0 ~ 0% 600.303 Utilities (Power/WaterlGas) $0 $0 ~ p% $0 $0 Oa/° 600.401 Office Supplies $0 $0 0°/ $D $0 ~ 0% 600.402 Prpgram Supplies $0 $0 0% $0 $0 ( p% 600.403 Printing $0 $0 I 0% $0 $p ~ fl°/a Agency: Cityago# Detray Bch [1184jlBeacon Center at Page 1 0# 2 06/18109 11:32:'!4 AM yil~rrS~iAcademY [-a75j D8; a eachh Status: Approved Contract: 09-475 ACCT# TITLE OS-09 FROG. BURG. 09-10 FROG. BURG. % CHG. D8-09 ORIG. ALLOC. 09-1D ORIG. ALLOC. CHG. 6DD.6Dt Professional Fees $D $0 0% $0 $0 0°/° 6DD.602 ]nsurance $D $0 I 0% (( $0 $0 D% 60D.603 Building Maintenance $0 $0 D% $D $0 0% 6DD.604 Equipment Ren€aVMaintenance $0 ~ $0 ~ 0% ( $0 $D ~ 0% 6DD.605 Specific Assistance to €ndividuals $0 $D ~ D% $0 $0 0% 6D0.606 dues & Subscription $0 $€} I 0% $fl $0 I 0°h 6D0.607 Training 8 fJevelopment $D $D fl% $0 $0 D% 6DD.6D8 Awards & Grants $929,305 $949,852 2% $777,305 $792,852 I 2% 6DD.609 Sponsored Events $0 $0 I D% $D $0 I( I 0% 600.610 Payments to Affiliated Organizations $0 $0 0% $0 $0 D% 6D0.611 lvliscellaneaus $0 $0 ( D% $0 $0 ~ 4% 600.201 Building SpacelRent $0 $0 I D% $0 $D ~ 0% 600.501 Food Service $D $0 0% $D $0 0% 60D.701 Indirect Cast $D $0 ~ 0% $0 $0 ( 0% 6D0.801 Cap'stai Expenses (Equipment) $0 $D 0% $0 $0 0% 998 Nnn-CSC Funded Salaries $0 $0 0% $0 $0 I 0% 999 Nnn-CSC Funded Fringe $D $D 0% $p $0 ( 0% Tota! Operating Expanse $929,305 $949,852 2°l° $777,305 $792,852 2% Total Program expenses: $928,305 $949,852 2% $777,305 $792,852 2% Agency: ~~C//itppy~~ of ©e[raddy Bch [1194jiBeacon Center at page 2 of 2 06!18!09 11:32:14 AM CJB: Palrr~~3eachemy[-475] Status: Approved Contract: 09-475 Exhibit C2 BEACON CENTER A7 ViLLAGIr ACADEMY [- x€75] SAI..ARY ANC7 FRINGE PREPARATION FISCAL YEAR 09-10 Gross Salary In Fringe In Request For Request For Salary Position Employee % ~~me Salary Program Program Salary Fringe Funding 09-10 t79-1 (7 09-10 09-147 (79-1(7 D% $D $D $0 $0 $0 (7.DD% TOTALS $0 $~ $0 $t7 $d 4).(7U% Agency: City of defray Bch [1194 Page 1 of 1 06118!09 11:32:14 AN! dB: Palm Beach Status: Approved Contract: 09-475 Exhibit C3 BEACON CE=LATER AT VELLAGE ACADEMY [- 475 SALARY AND FRINGE PREPARATIO!\f NARRATIVE FISCAL YEAR 09-10 DERIVATION OF FtGURE5 AND LINE ITEM $ PERCENT ,lUSTIFlCATION OF AMOUNT tNCREASEI ACCOUNT # ACCOUNT NANtE tNCRF.ASElDEGREASE OR OTE-tER DECREASE EXPLANATION AS NIwEDED 569.120 Regular Salaries and $0 0% Wcyes 569.210 FICA ~q fla/a 569.220 Retirement Contributions 54 0% 569.230 Life and Heatth Insurance gq pa/fl 569.240 Workers compensation gq pa/4 569.2511 Unemptoyment Gampensatian $0 0°/a Agency: City of Delray Bch [it94~ Rage 1 of 5 q$!'t8l091't:32:44ANt ~gntract: ~1~"~sath Status: Approved DERIVATION OF F[GURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCR~ISEI ACCOUNT # ACCOUNT' NAME INCREASElDECREASE OR OTHER DECR>=ASE EXPC.ANATION AS NI"l'DED OPERATING EXPENSE Bi1DGET NARRATIVE 6flD.1 D1 Travelf(ransportaiion $0 0% original Budget Calculation =D+a 600.102 ConferenceslRegistratio $0 fl°1n nlTravet Original Budget Calculation =0+0 60D.301 Telephone $0 0% original Budget Calculation =p+0 600.302 Postage & Shipping $0 0% original Budget Calculation =0~0 6D0.303 Utilities $D Oq° {PawerlWaterlGas) original Budget Calculation =DAD 60D.4fl1 Office Supplies $0 D°/a original Budget Calculation :D+D 6flD.402 Program Supplies $D 0°1° Original Budget Calcutation ~.D+D Agency: City of Delray Bch [119~1~ Page 2 of 5 06!78103 11:32:14 AM ~~ntract: ~3~each Status: Approved DERIVATION flF FIGUR)=S ANE7 LIME ITEIN $ PERCENT JUSTIFICATION OF AMOUNT 1NCREASEI ACCOUNT # ACCOUNT NAhAE 1NCREASElDECREASE OR OTHER DECREASE EXPI..ANATIflN AS NEEDED 600.k03 Priniing $D 0% Original Budget Calculation =0+0 600.801 Professional Fees $D 0% Original Budget Calculation =D+a 600.602 Insurance $0 0% Original Budget Calculation -D+D 8D0.6D3 Buitding Maintenance $0 D% Origina! Budget Calculation =0+0 600.604 Equipment $0 D% RentallMaintenance Original Budget Calculation =0+0 800.605 Specific Assistance to $0 0% individuals Original Budget Calculation =D+0 600.606 t?ues & Subscription $0 0% Original Budget Calculation =p+0 60D.607 Training 8 Devalnpment $p D% Original Budget Caleufatlon =0+0 Agency: City of L7efray Bch [i'f94) Page 3 of 5 06!'18!09 ii:32:14 AIVI ~gntracf: ~a1~~eacfl Status: Approved DERIVATION ©F i=[GURES AND LINE ITEM $ PERCENT JUSTIEICATION OF AMOUNT INCREASE! ACCOUNT # ACCOUNT NAME INCREASEIDECREASE OR OT}1ER DECREASE EXPLANATION A5 NEEDED 600.608 Awards & Grants $949,852 2% 511312009 5113/2009 The City of Delray Beach non-profit part ners are Achievement Centers for Children & Families ($609,104) and Farniiies First ($183,748). Funding from CDBG ($80,000), ParkslRecreation ($52,000) and General Revenue {$25,000). Original Budget Calculation =609104+183748+80000+52000+25fl00 600.609 Sponsored Events $0 0% Original Budget Calcu[ation =0+0 600.61{3 Payments to Affiliated $0 0% prganizatians Original Budget Calculation =0+0 600.811 Miscellaneous $0 0% Original Budget Calculation =0+0 600.201 Building SparelRent $0 0% Original Budget Galcutatian =n+o 60fl.501 Food Service $0 0% Original Budget Calculation =0+0 6ao.7fl1 indirect cost $fl a°i° priginal Budget Calculation =0+0 Agency: City of Delray Bcfi [1194j Page 4 of 5 tJ6118f09 11:32:14 AM ~~ntract: ~l~~each Status: Approved DERIVATION OF F1Gl1RE5 AND LINE STEM $ PERCENT JUSTIFICATION OE AMOUNT INCREASE! ACCOUNT # ACCOUNT NAME INCREASElDECREASE OR OTMER DECREASE EXPLANATION AS NEEDED 600.8D7 Capital Expenses (Equipment) $0 0% Original Budget Calculation .p+0 998 Non-CSC Funded $0 D% Salaries Original Budget Calculation =0+p 999 Nan-C5C Funded $0 fl% Fringe Original Budget Calculation =p+0 Agency: City of Delray Bch [1194] Page 5 of 5 06!1$!09 11:32:14 AM ~$ntract: ~1~~each Status: Approved Bxhibit C4 Beacon Center at Village Academy [- 475] 50URCES OF RI=VI=AlUI 07-0$ D$-09 08-D9 08-09 D9-10 09-10 fl9-10 Percent Fonder TypefFunder Total Eudget Amend Total Budget Amend Total Increase! Decrease Government City of C3elray Beach $52,000 $77,000 $0 $77,000 $77,000 $0 $77,000 0% MUD $37,000 $75,000 $0 $75,000 $$0,000 $0 $$O,D00 7% $$9,064 $152,Q00 $0 $152,000 $157,000 $4 $157,000 3% Non-CSe Participant Fees $105,000 $0 $0 $0 $0 $0 $0 0% United Way $101,600 $0 $0 $0 $q $0 $0 0% $206,$00 $6 $6 $0 $0 $0 $0 0% ether Other $13,400 $0 $0 $0 $p $0 $0 0% Private Foundations $130,004 $0 $0 $0 $0 $0 $0 0% $143,400 $0 $0 $0 $0 $0 $6 0% Grand Total $439,DOD $152,OOD $D $152,DDD $157,DDD $D $157,DOD 3% FY 09-1D Totals Total Amended Program Revenue $949,852 Total Program Budget $949,852 Difference $D Total Amended CSC A1locatlon $792,852 Total Amended CSC Budget $792,852 Difference $0 Ageney: City of Delray BcfE [1'194] Page 1 of 1 06118109 11:32:'14 ANE ~®c~tract: ~14~~each Status: Approved Exhibit CS Beacon Center at Village Academy [- 47;3] SOURCES OF REVENUE NARRATIVE Funder TypefFunder FY 09-'10 Total Narrative Government City of Detray Beach $77,000 $52,000 Parks and Recreation $25,fl00 General Revenue NUD $80,000 CDSG Agency: City of QaEray Bch [1194] Page 1 of 1 08118109 11:32;14 ACVt ~g~tract: ~if~~each Status: Approved EXHIBIT "D" NOTIFICATION OF STATEIFEDERAL. FUNDING & OTHER REQUIREMENTS CSC_C70C5-#90745-~ 1-0914Tioiierpi ateTempl ate. bOC Creates! an 3/27/2409 3:17:40 PM ~VL.J IT91'T LL I"\9f Does Not Apply -- all categories below will reflect "$0.00" ^ Does Apply- see information outlined below: NOTIFICATION OF STAT~IFEDER/~L FUNDING ~ QTHER ~iEC~IJIRtI1~EN l 5 The Agreement entered in#a between the Council and the Provider may include funding from the state andlar federal funding as identified below. The Provider is responsible for adhering to all requirements and conditions related to this funding as stipulated in OMB Circular A~ ~ 10 and OMB Circular A- 933. Federal Program 7 Agency: CCMS (Center for Medicaid and Medicare Services, Department of HHS) CFDA#: 93778 $D.OD Tills: XlX Federal Program 2 Agency: HRSA (Health Resources and Services Administration, Department of HHS) CFDA#: 93.994 $D.00 Title: V Federal Program 3 Agency: HRSA (Health Resources and Services Administration, Department of HHS) CFDA#: 93.926 $D.00 Title: 111 Total Federa! Awards: $p.Qp State financial assistance subject to Sec 2'15,97, F.S. $D.DD Please refer to htt s:lla s.fldfs,com/fsaa for further information and guidance. * NOTE (if "Does Apply"): The Provider agrees to retain all financial records, supporting documents, statistical records and any ocher documents pertinent to the Agreement for a period of six (6) years following termination of the Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of this period, the records shall be retained until resolution of all audit findings. All other conditions detailed under Exhibit "A" _ Genera! Conditions, Section 4.a. continue to apply, CSC_ROCS-#91 t33-vl-StateFederalFunding_Fz:hibitD.DOC Created on 416/2Q09 2:41;QU PM MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SUBRECIPIENT AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES/FAMILIES FIRST OF PALM BEACH COUNTY ITEM BEFORE COMMISSION Approval of the Agreements between the City of Delray Beach and Achievement Centers for Children and Families and Families First of Palm Beach County, as the non-profit partners responsible for carrying out the services under the City's contract with the Children's Services Council of Palm Beach County, Inc., at the Village Academy Beacon Center. BACKGROUND The Commission will be considering the formal Agreement between the City and CSC for fiscal year 2009/10 at the regular meeting of September 22, 2009. The required sub-recipient agreements between the City and the non-profit partners are also submitted for City Commission approval. There are two (2) separate agreements submitted with this agenda item as follows: Agreement between the City of Delray Beach and the Community Child Care Center, doing business as Achievement Centers for Children and Families (ACCF) subcontracting the Beacon Center Services, in the amount of $609,104. This agreement also includes $52,000, which the City provides ACCF in support of the Beacon Teen Program at the Village Academy. . Agreement between the City of Delray Beach and the Children's Case Management Organization, doing business as Families First of Palm Beach County for Children's Case Management Services at the Beacon Center, in the amount of $183,748. FUNDING SOURCE $792,852 from Children's Services Council of Palm Beach County, Inc. $52,000 from City of Delray Beach (account number 001-4111-572-83.01) RECOMMENDATION Staff is recommending City Commission approval of the Agreements between the City of Delray Beach and the two non-profit partners responsible for carrying out the approved services and program provided through the Beacon Center at Village Academy for Fiscal Year 09/10. AGREEMENT THIS AGREEMENT, made this day of September 2009, by and between the CITY OF DELRAY BEACH, a municipal corporation, {Ci#y], 100 NW 1St Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, {CCCC], dlbla Achievement Centers for Children and Families {ACCF], 555 N.W. 4t" Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $792,852 from the Children's Service Council {CSC] of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12t" Avenue, Defray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Community Child Care Center, a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for goad and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: 1. In ort~oration of Recitals, The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This agreement shall commence on October 1, 2009 and terminate on September 30, 2010 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a) The City agrees to reimburse to CCCC for provision of services described in Exhibit "A" {consisting of the Program Compliance Items} attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" {consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c} below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCCC shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCCC. b} The total Payment for services rendered pursuant to this Agreement shall be up to $609,104 for October 1, 2009 through September 30, 2010 and made to CCCC monthly on a reimbursement basis. CCCC shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCCC under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCCC within 30 days after receipt of the invoice. CCCC shall submit a final invoice to the City no later than October 10, 2010 {with appropriate documentation). The City will not reimburse CCCC for any expenditure made by CCCC after September 30, 2010. c) The total Payment for services rendered pursuant to this Agreement allocated through the Parks and Recreation budget in the amount of $52,000 for October 1, 2009 through September 30, 2010 and shall be made payable to CCCC in equal amounts of $13,000 on a quarterly basis. CCCC shall submit an invoice to the City by the 10kh day of each month following the end of the quarter along with a narrative summary report of ali activities carried out for the Teen component of the Beacon Center during the quarter far which the funds are requested. The City will provide reimbursement to CCCC within 30 days after receipt of the invoice. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model andlor the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a} during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b) based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board an this issue shall be final. If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5} days notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 2 5. Over~ayment~, CCCC agrees to return to the City any overpayments made through inadvertence ar miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20} days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 6. Susaension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: ^ CSC Nepotism Policy Certification; ^ Personnel Policies and Procedures; ^ Job Descriptions of all funded staff positions; ^ Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); ^ License(s) to operate agencylprogram, if applicable; • Current list of Subcontractor's board members; • Sales Tax Exemption Certificate; ^ Service site(s) Fire Inspection Certificate(s), if applicable; ^ Service sites} Health Inspection Certificates}, if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 3 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting #rom the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC, 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000,00 per occurrence naming the City as an additional insured, with a thirty (30} days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices; All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 For CCCC: Nancy Hurd, Executive Director 555 N.W. 4t" Street Delray Beach, FL 33444 4 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60} days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. VenuelLaws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 5 16. Assignment ar Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Nelson S. McDuffie, Mayor Approved as to Legal Form: City Attorney WITNESSES: COMMUNITY CHILD CARE CENTER dlbla Achievement Centers for Children and Families Print Name By: Nancy Hurd, Executive Director Print Name 6 AGREEMENT THIS AGREEMENT, made this day of September 2009, by and between the CITY OF DELRAY BEACH, a municipal corporation, [City), 100 NW 1St Avenue, Delray Beach, FL 33444 and CHILDREN'S CASE MANAGEMENT ORGANIZATION, {CCMO) dlbla Families First of Palm Beach County, 3333 Forest Hill Blvd, West Palm Beach, FL 33406. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $792,852 from the Children's Service Council (CSC) of Paim Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Children's Case Management Organization, {CCMO) a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This agreement shall commence on October 1, 2009 and terminate on September 30, 2010 with an option to renew annually. This Agreement shall be contingent upon the City"s receipt of grant money from the Children's Service Council of Palm Beach County #or the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the city to CCMO will be made in accordance with the following procedures: a} The City ag tees to reimburse to CCMO for provision of services described in Exhibit "A" (consisting of the Program Compliance Items} attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" {consisting of the Beacon Center Activities} attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCMO shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCMO. b) The total Payment for services rendered pursuant to this Agreement shall be up to $183,748 for October 1, 2009 through September 30, 2010 and made to CCMO monthly on a reimbursement basis. CCMO shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCMO under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCMO within 3D days after receipt of the invoice. CCMO shall submit a final invoice to the City no later than October 10, 2010 {with appropriate documentation). The City will not reimburse CCMO for any expenditure made by CCMO after September 30, 2010. The City has the discretion to decrease CCMO's allocation based upon the program's inability to meet the parameters outlined in the program model andlor the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCMO will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made {a} during the course of reviewing a budget revision submitted by CCMO pursuant to the City's procedures or (b} based upon the City's monitoring of CCMO's program and its expenditure history. Before any such reduction becomes final, CCMO will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCMO may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCMO for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCMO agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCMO to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCMO of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCMO, the amount of any overpayments or disallowed funds. 2 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCMO or pending a decision by the City to terminate this Agreement. The Ci#y may, for reasonable cause, prohibit CCMO from incurring additional obligation of any funds received from the City, pending corrective action by CCMO or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCMO's operations funded by the City. 7. CCMO agrees to comply with all CSC certification documentation requirements including, but not limited to: ^ CSC Nepotism Policy Certification; ^ Personnel Policies and Procedures; ^ Job Descriptions of al! funded staff positions; ^ Certificates of insurance {liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds}; ^ f.icense(s} to operate agencylprogram, if applicable; ^ Current list of Subcontractor's board members; ^ Sales Tax Exemption Certificate; ^ Service site(s) Fire Inspection Certificate(s), if applicable; ^ Service site{s) Health Inspection Certificate{s}, if applicable Said documentation will be retained on file with the City. 8. The CCMO agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCMO shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCMO ac its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCMO. 10. Independent Contractor: CCMO is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCMO shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCMO shall, with respect to said employees, be responsible for withholding federal income 3 taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federa! and state law. 11. Insurance: CCMO shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCMO shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 For CCMO: Julie Swindler, Executive Director 3333 Forest Hill Blvd West Palm Beach, FL 33406 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than eve (5) days written notice to CCMO. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCMO. If the Ci#y intends to terminate this Agreement, notice shall be provided in writing to CCMO no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCMO for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCMO and the City may each terminate this contract with or without cause provided that CCMO or City shall give sixty (60) days notice in writing to City or CCMO. The City shall reimburse CCMO for all 4 monies CCMO has expended up to and including the effective date of the termination and CCMO shall do the same. 14. VenuelLaws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the porkies with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCMO in whole or part without the written consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA gy: Nelson S. McDuffie, Mayor Approved as to Legal Form: City Attorney WITNESSES: CHILDREN'S CASE MANAGEMENT ORGANIZATION dlbla Families First of Palm Beach County By: Print Name Julie Swindler, Executive Director Print Name 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT NO.2 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/CLT, INC. ITEM BEFORE COMMISSION Approval of an Amendment 2 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT) for the purposes of subsidizing the costs associated with affordable housing units within the CLT. BACKGROUND At the August 5, 2008 meeting, City Commission approved aSub-Recipient Housing Partnership Agreement between the City and CLT for the purposes of subsidizing the costs associated with affordable units within the CLT under the LHAP's "Sub-Recipient Housing Partnership Program." Amendment one was subsequently approved on April 15, 2009 allocating additional funding in the amount of $360,000 for FY 08-09, and extending the agreement until September 30, 2011. Amendment 2 allocates $90,000 in additional FY 08-09 funds. FUNDING SOURCE SHIl' - 118-1924-554-49.20 RECOMMENDATION Staff recommends approval of amendment 2 to the Sub-Recipient Housing Partnership Agreement between the City and CLT. AMENDMENT NO. 2 TO SUB-RECIPIENT AGREEMENT THIS AMENDMENT NO. 2 to the Sub-Recipient Agreement entered into by and between DELRAY BEACH COMMUNITY LAND TRUST, INC., (hereinafter referred to as "CLT"), and CITY OF DELRAY BEACH, (hereinafter referred to as "City"), is entered into this day of 2009, under the following terms and conditions: WITNESSETH: WHEREAS, the City and CLT mutually covenant and agree to amend and modify the Sub-Recipient Agreement entered into on August 5, 2008 and the Amendment No. 1 to the Sub-Recipient Agreement dated April 29, 2009, in order to provide for extension of the Sub-Recipient Agreement regarding the Housing Partnership. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph II, "Programs", A. "Homeowner Program", 1, "Duties and Responsibilities" of the Sub-Recipient Agreement dated August 5, 2008 and the Amendment No. 1 to the Sub-Recipient Agreement dated April 29, 2009, shall be amended as follows: II. Programs. A. Homebuyer Program: 1. Duties and Responsibilities. a. City of Delray Beach, Neighborhood Services Division 1) To administer Sub-Recipient Housing Partnership Strategy as set forth in the 2007- 2010 Local Housing Assistance Plan; 2) To ensure compliance with all applicable governing regulations, statutes, local and state laws, and program specific requirements; 3) To coordinate all monitoring and annual reporting of program requirements related to the City administered funds under the Program; 4) To maintain the availability of funds to be used as subsidies from the City's annual SHIP allocation; the City will maintain its authority to approve/deny all applicant files (on an individual basis) requesting subsidy assistance from the City; 5) To refer program applicants and interested persons to Community Land Trust, Inc.; 6) To provide incremental payments in the form of subsidy awards to the Sub-Recipient based on eligible homebuyers under the Program not to exceed Seventy-Five Thousand Dollars ($75,000.00) per home purchase; 7) To monitor at random that the Community Land Trust residents who have benefited from the subsidy are not violating any of the "qualifying event(s)" as outlined in the 2007- 2010 Local Housing Assistance Plan. Qualifying event(s) are considered to be: i) The unit is sold and is no longer a part of the Community Land Trust; ii) The homeowner fails to continuously occupy the home as a primary resident; ii) The unit is rented; 2 iv) The unit is refinanced without prior authorization of the City; b c. Community Land Trust, Inc., Sub-Recipient Partner The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files as determined by the SHIP Income Limits Chart listed in Exhibit "A" to the Neighborhood Services Division at least five (5) days prior to closing date with all required documentation listed in Exhibit "B" -Documentation Checklist. To ensure that all applicants meet the following criteria in addition to the Income-Eligibility guidelines: 1) Recipient must be first-time homebuyer(s), which is defined as one of the following: a. someone who has not owned a home during the past three (3) years; b. a single parent who has been divorced and displaced within the twelve (12) month period prior to time of application, and whose house hold includes children under the age of eighteen (18); c. a displaced victim of domestic abuse; d. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13); 2) Recipient must have a bank account; 3 3) Recipient must have an accepted contract for a home and have applied for a first mortgage with a lender that meets the lender guidelines attached as Exhibit "C"; 4) Recipient must have attended and completed an approved home buyer education course (i.e. at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division. d) Funds available for FY ending September 30, 2009 will be $529,568 total ($170,842 FY06-07, $358,726 FY07-08). Sub-Recipient shall meet the housing goals as follows: 1) FY06-07 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Very-Low Income Applicants. 2) FY07-08 Funds a. Sub-Recipient will be required to expend at least One Hundred Eighty Four Thousand Dollars ($184,000.00) of funds on Very-Low Income Applicants. b. Sub-Recipient will be required to expend at least One Hundred Forty Thousand Dollars ($140,000.00) of funds on Low-Income Applicants. e) Funds available for FY ending September 30, 2010 will be $69;999 $450,000. Sub-Recipient shall meet the housing goals as follows: 1) FY08-09 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Very-Low Income Applicants. 4 b. Sub-Recipient will be required to expend at least nno u, inter r+" One Hundred Eighty Seven Thousand Dollars ($187,000) of funds on Low- Income Applicants. 2) Deadlines to meet housing goals (as stated below) are as follows: i. FY 06-07 February 1, 2009 ii. FY 07-08 February 1, 2010 iii. FY 08-09 February 1, 2010 4) The Sub-Recipient shall charge a development fee of no more than six percent (6%) of the CLT Board approved construction costs per unit. f) Sub-Recipient shall notify the City if they learn that a resident who has benefited from the subsidy is violating any of the "qualifying event(s)" as outlined in the 2007-2010 Local Housing Assistance Plan ("CHAP"). 5. All other terms and conditions of the Sub-Recipient Agreement of August 5, 2008 and the Amendment No. 1 to the Sub-Recipient Agreement dated April 29, 2009 not in conflict with this Amendment No. 2 shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Nelson s. McDuffie, Mayor Approved as to Form: City Attorney (SEAL) 5 ATTEST: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY LAND TRUST, INC. By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2009 by as of Corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 6 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC. ITEM BEFORE COMMISSION Request City Commission approval of a service agreement between School Readiness Child Care/Family Central, Inc. and the City of Delray Beach to provide subsidized child care funding for the After School Program. BACKGROUND The term of this Agreement between School Readiness Child Care/Family Central, Inc. and the City of Delray Beach is July 1, 2009 through June 30, 2010. On January 1, 2009, the After School Program transitioned from Children's Services Council to Continue-To-Care/Family Central, Inc. for a one year agreement for funding for 104 child care slots which will terminate December 31, 2009. This Agreement between School Readiness Child Care and the City of Delray Beach is to continue with subsidized child care funding for the After School Program. Eligibility requirements are the same for families but they are placed on a waiting list and this agreement does not guarantee enrollment of their children in our program. However, any child enrolled through the School Readiness Child Care/Family Central, Inc. will be subsidized at a reimbursable rate to the City of $2.54/child/day less the $1.80 Family Central, Inc. parent fee. RECOMMENDATION The Parks and Recreation Department recommends City Commission approval. A fa cen 1 Cl~~n~in~, liver.; for a lifetinae SCHOOL REA©INESS CHILD CARE SERVICE AGREEMENT BETWEEN FAMILY CENTRAL, INC. AND City of Delray Bead The parties to this Service Agreement are Family Central, Inc., ("Family Central"), and City of Delray Beaah, (the "Provider"). Family Central performs administrative duties in the enrollment of children into child care programs and with respect to financially-assisted school readiness funding available through the Early Learning Coalition of Palm Beach County Inc. (the "Coalition") and subsidized child care funding available from other sources. The purpose of this Service Agreement is to establish the method by which Provider will receive payment available through the school readiness program and other programs for children eligible for financially-assisted school readiness services or subsidized child care that are in the Provider's care. The Parties acknowledge that the Provider is not a subcontrac#or of Family Central, Family Central has no control over the day-to-day operations of the Provider, and that the existence of this Service Agreement does not require or guarantee enrollment of children in the Provider's child care program. The Parties agree as follows; I. Provider Res onsibilities. The Provider shall: A. Attend a new provider orientation within the first 60 days of this Service Agreement if the Provider has not previously been a party to a Service Agreement for school readiness funding provided by the Coalition. B. Retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Service Agreement for five (5) years after termination of this Service Agreement, or if an audit has bean initiated and audit findings have not been resolved at the end of five (5) years, the records shat! be retained until resolution of the audit findings. C. Ensure that ail records pertinen# to this Service Agreement, including but not limited to sign-inlsign- out and attendance records, are available at all reasonable times for inspection, review, copying or audit by Federal auditors, representatives of the Comptroller of the State of Florida or the Auditor General of Florida, or other personnel duly authorized by Family Central, the Coalition, ©epartment of Education, Office of Early Learning or the Agency for Workforce Innovation. D, Permit persons duly authorized by Family Central andlor the Coalition to access, inspect andlor copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients or employees of the Provider to ensure the satisfactory performance of the terms and conditions of this Service Agreement. Failure to allow access to duly authorized persons may result in non-payment for that day and provider termination from the School Readiness Program. E. Not discriminate against participants in the school readiness program or employees because of age, race, creed, color, disability, national origin, or gender. F. Not hold itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners or representatives of Family Central or the Coalition. G. Coordinate a Level I developmental screening using the Coalition approved screeninglassessment tools for 100% of children ages birth to ~ years in school readiness child care for whom a parent andlor guardian has consented in writing to the developmental screeninglassessment. The -1- Family Central, inc. • 3119 S. Dixie hiighway, #222 • West Palm Beach, FL 334t?5 Provider shall ensure that each parentlguardian completes a consent farm for developmental screening or signs a denial for screeninglassessment Provider is responsible far submitting information to Home Safe, lnc {"Home Safe") or the Coalition as required in conneatian with developmental screeninglassessment. Provider must participate in trainings as required relating to developmental screenings and assessments. Records relating to any screening or assessment coordinated or administered by the Provider, including but not limited to Level l nr Level ll developmental screenings, shall be maintained far the longer of three years after the date the child is last enrolled with the Provider or the retention period in Section I.B. above. H. Permit persons duly authorized by the Coalition to provide Level II developmental screening/ assessment for those children for which the Provider receives financially-assisted school readiness funding. I. Provide classical music daily far all children birth to 5 years. J. Read to all children birth to 5 years at least 30 minutes each day. K. Keep confidential all information concerning all children and their families required to be kept confidential by law and provide adequate security in its record keeping. L. Return to 1=amity Central any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Service Agreement that were disbursed to the Provider by Family central. The Provider shall return any overpayment to Family Central within thirty {30} calendar days after either discovery nr notification of the overpayment. if the Provider or its independent auditors discover an overpayment has been made, the Provider shall repay the overpayment within thirty {30} calendar days without prior notification from Family Central. Notwithstanding any provision in this Service Agreement to the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any ether means. if Family Central makes such a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction at the time the reimbursement payment is made. M. Submit the final invoice for payment to Family Central no more than twenty {20} calendar days after termination or expiration of the Service Agreement; if the Provider fails to do so, all right to payment is forfeited, and Family Central will not honor any requests for payment submitted after the aforesaid time period. Any payment due under the terms of this Service Agreement may be withheld until all evaluation and financial reports due from the Provider and necessary adjustments thereto, have been approved by Family Central. N. Comply with all applicable federal, state and local laws and regulations, including but not limited ta, requirements of Coalition, Family Central, local fire and health authorities, the Palm Beach County Child Care Ordinance, and Chapters 65C-20, 65G21 and 65C-22, Florida Administrative Code. Failure to comply with federal, state or local regulations may result in termination andlar non- payment of child Care services. O. Accept a school readiness child only after receiving authorization from Family Central. Initial authorization may be by phone. Written authorization from Family Central must be received before payments will be made. P. Maintain current documentation on each child, including authorization, enrollment, attendance, and termination records. The Provider is required to maintain a manual ar electronic sign-inlsign-out system which parentslguardians or other authorized persons must utilize each day their child(ren) are in attendance. ParentslGuardians ar authorized persons using a manual sign-inlsign-nut sheet must sign their child{ren) in and out every day by signing their full first and last name and time in/out (including AM and PM for those providers offering extended care). ParentslGuardians or authorized persons using an electronic sign-inlsign-out system must sign their full first and last name on a printed version of the electronic record within {5} calendar days after the end of each month. Sign-inlsign-out sheets must remain nn-site at the Provider's location for the current and previous three months and shall be immediately available for inspection andlar pick-up by _~.. Family central, Inc. a 39 91 5. Dixie Highway, #222 • West Palm Beach, FL 33405 individuals authorized by Family Central. in the event that the Provider is unable to produce sign- inlsign-nut sheets an-site in accordance with this paragraph, reimbursement shall not be made for any days for which a completed sign-inlsign-out sheet is not immediately available an-site at the Provider's location. Sign-inlsign-out sheets must be kept for a minimum of five years or the retention period in Section l.B. above, whichever is (anger, and must be available far inspection by Family Central, the Coalition andlor other subsidized child care funding sources. In the event of a discrepancy between asign-inlsign-out sheet and an attendance sheet, the sign-inlsign-nut sheet shall control. The Provider will be liable far prosecution under State law far fraudulently misrepresenting achild's attendance andlor sign-inlsign-out roster. Q. Maintain hours of operation in accordance with and not exceeding the provider's child care license, R. The Provider must notify Family Central in writing a minimum of 'I4 calendar days in advance of any changes to its location. S. Be liable for and indemnify, defend and paid harmless Family Central and the Coalition and all of their respective officers, agents, and employees from ail claims, suits, judgments or damages, including attorneys' fees and casts arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement or any subsequent modification of this Service Agreement, whether director indirect, and whether to any person ar tangible or intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duty to defend and indemnify within seven (7) calendar days after notice by Family Central or the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication ar judgment specifically finding the Provider not liable shall excuse performance of this provision, The Provider shall pay all costs and fees including attorneys' fees relating to these obligations and their enforcement by Family Central or the Coalition. Family Central's nr the Coalition's failure to notify the Provider of a claim shall not relieve the Provider of these duties. The Provider shall not be liable for the sole negligent acts of Family Central or the Coalition This revision sha.~i not be construed as a waiver of an ri ht or defense which t'rovider ma , ossess and is liniite~ T. Maintain any liability andlor accident insurance as required by law, including but not limited ta, any insurance required by child care licensing regulations. Any insurance coverage beyond that Pra_ required by law is optional, but encouraged, If the Provider is a child care facility or family childvisions care home and maintains liability andlor accident insurance covering its business; (a) Family of Central and the Coalition shall be named as additional insureds (with the exception of worker's Sectio, compensation insurance for all providers and automobile liability insurance for family day care y{,g , ~g homes), (b) the Provider shall furnish Family Central with written verification supporting the pia, existence of such insurance coverage, and (c) the Provider shall notify Family Central in writing at Star, feast thirty (3t7) days in advance of any anticipated material change in coverage or cancellation. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments will be made. This provision does not apply to the extent the Provider is seifi insured, including but not limited to, a state agency or subdivision that is self-insured pursuant to Section 7E8.28(16), Florida Statutes. U. Submit to monitoring by Family Central to ensure compliance with this Service Agreement. Manltorings may occur randomly throughout the year and are unannounced. If deficiencies are noted, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies. Recurring lack of availability for monitoring shaft constitute a violation of this Service Agreement, and is grounds for termination of the Service Agreement. V. Immediately report any known or suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry (1-g00-96-ABUSE}. W. Report any unexcused absence or seven consecutive excused absences of an At Risk child of any age to the Florida Department of Children and Families' (©CF) hotline at (561) 837-SQ05 or toil free 1 {866} 325-5323 by noon on the day of the child's first unexcused absence ar the day of the child's seventh consecutive excused absence. if you cannot reach someone at the hotline, please tali the DCF External Affairs Office at (551 } 837-5(780. -3- Family Central, Inc. • 3111 S. Dixie Highway, #222 • West Palm Beach, FL 33405 X. Agree to attempt to settle any dispute through the Family Central Grievance process. In the event the provider fails to first ga through the Family Central Grievance process, the Pravider shah pay all Family Central costs and fees including attorneys' fees relating to any action the provider may take. Y. 1Tnsure that a Coalition approved developmentally appropriate curriculum with a character education component is being used. The Provider must submit information, upon request demonstrating the Provider's use of a developmentally appropriate curriculum approved by the Coalition with a character education component and a training plan as required. if the Provider is using Coalition curriculum published by a third party and commercially available or developed by corporate office of the entity awning a child care center for use in multiple locations, the Provider's directors, and curriculum specialists (if a child care center), ar the family child care provider (if a family child care home) must take 12 hours of Palm Beach County Registry approved training in their Coalition-approved curriculm an pr before June 30, 2010. Training from the approved curriculm publisher, distributor, or a child care center's corporate office may subsititute for this training. Those who have completed this training before July 1, 2009 must submit proof of completion and are required to take five (5) hours of Palm Beach County Registry approved training in curriculum support. if the Pravider has developed its awn Coalition approved curriculum the Provider's directors and curriculum specialists (if a child care center), or the family child care home provider (if a family child care home) must complete a minimum of five (5} hours of Palm Beach County Registry; Department of Children and Families (DCF}; or Department of Education (©OE) approved curriculum support training between July 1, 2009 and June 30, 2010. All lead teachers must complete a minimum of five (5) hours of Palm Beach County Registry; Department of Children and Families (DCF); or Department of Education (DOE) approved training in curriculum support far the age group with which they work between July 1, 2009 and June 30, 2010. Lead teachers are defined as the person primarily responsible far a group of children far the majority of the day. A minimum n# one lead teacher per classroom is required, Curriculum specialists are defined as the staff person who oversees a center's educational program for at least 50% of the time, 11. Famiiy Central Responsihllities. Family Central shall: A. Conduct monitoring of the Provider to ensure compliance with this Service Agreement. B. Process payment to the Provider for child care services provided by the Provider under the school readiness program or other subsidized child care programs, subject to the availability of funds, The payment obligations under this Service Agreement are contingent upon an annual appropriation by the Florida Legislature, and funding by the Coalition and other funding sources, as applicable, C. Notify the provider of At-Risk children. Ill:. Termination. A. Termination With Notice. This Service Agreement may be terminated by Family Central with or without cause upon no less thana~-calm ar days notice for reasons including, but not limited to: 30 1. Funds to finance this Service Agreement became unavailable; ar 2. The Provider breaches this Service Agreement. -4- Fam;ly Central, Inc. • 3111 S. nixie Highway, #222 • west Palrn 6aach, FL 33405 B. Termination Without Notice. This Service Agreement may be terminated by Family Central immediately without prior notice if: 1. The Provider fraudulently reports false information to Family Central regarding the attendance of children at the child care program; 2. Any child care license required in order far the Provider to provide child care is revoked ar oat renewed by the licensing authority. 3. The Provider is not subject to licensors by a licensing authority and Family Central is directed by the Coalition to terminate this Service Agreement due to a concern far the health andlor safety of the children} in the Provider's care. C. Automatic Termination. This Service Agreement shall immediately terminate upon the expiration or termination of Family Central's cnntraot with the Coalition. D. Termination for Non-Compliance. if Family Central determines in its sole discretion that a Pravider is nut of compliance with one or more terms or conditions of this Service Agreement, Family Central may terminate the Service Agreement pursuant to the termination provisions set forth above. Family Centre[ may also notify the Provider that, as a result, the Provider is oat eligible to enter into a future Service Agreement with Family Central ar otherwise be reimbursed for school readiness services with funding provided by the Coalition far a period of at least one (1} year following the date of termination. Alternatively, Family Central may offer the Pravider the option to enter into a Compliance Plan. lV. Method of Payment. A. Negotiated Rates. Payment for subsidized child care services shall be based upon the School Readiness Negotiated Rate Sheets attached here to as Attachment "A", Attachment "B", and Attachment "C" which are expressly made a part hereof and incorporated by reference herein. In no event will the Provider be reimbursed at a rate that exceeds the lower of the maximum reimbursement rate designated by the Coalition, or the Provider's maximum private pay rate. Increases in the reimbursement rate will be effective, as applicable, the first of the month fallowing notification in writing by the provider to Family Central, Inc. B. Parent Fees. The authorized sliding scale parent fee shall be deducted from the negotiated rate before payment is made to the Provider. It shelf be the responsibility of the Provider to collect the parent fee, except that Family Central will assist in collecting up to two weeks of parent fees if two weeks or less of parent fees are past due and need to be collected prier to a transfer of a child to a different child care provider. C. Child Care Executive Partnership. If the Pravider participates in the Child Care Executive Partnership Program, the Provider's portion of matching funds may be deducted from the negotiated rate before payment is made to the Provider. D. Monthly ln~oices. The Provider will be paid by Family Central on the basis of monthly invoices that report the eligible enrollment an a deify basis. The invoices shall be submitted nn the Attendance Sheet and Documentation of Absences forms provided by Family Central for this purpose. The Provider shall submit monthly invoices consisting of the attendance and reimbursement request forms to Family Central not later than the fourth ~tl, calendar da of the month following the month in which services were provided. Monthly attendance and reimbursement forms received after that day will be included in the fallowing month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forfeits all rights to payment for any monthly attendance report submitted more than 45 days fallowing the end of the service period. Bequests for reimbursement adjustments must be submitted in writing to Family Central within 45 days following receipt of payment for that service period or within twenty (20} days after the expiration nr termination of the Service Agreement whichever is sooner. Fraudulent conduct by the Pravider in reporting information to l=amiiy Central in connection with -5- iwaily Central, Inc. • 311 i S. f~ixie Highway, #222 • West Patm Beach, FL 334D5 receiving payment hereunder will result in termination of this Service Agreement and will be reported to the appropriate law enforcement authority or authorities. E. Payments. Reimbursement payments will be mailed or released for direct deposit by Family Central not later than the sixteenth (16th} calendar day of the month, following the month fnr which a nompleted and accurate invoice (including all required attendance information) is submitted to Family Central, subject to availability of funds. This is not necessarily the date providers will have access to the payment, depending on bank regulations. Reimbursement shall be made far the eligible enrollment on a daily basis. F. Gold Sea[. Reimbursement at Gold Sea! rates will be made only if proper documentation is submitted to Family Central. Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation certificate from an accrediting body recognized by the State of Florida. In no event will a Gold Seal Provider be reimbursed at a rate that exceeds the Iawer of the maximum Gold Seal rate as designated by the Coalition or the provider's maximum private pay rate. if the Provider ceases to qualify at any time for payment of Gald Seal rates, the Provider will be reimbursed at the non-Gold Seal rates which shall not exceed the maximum rates for non-Gold Seal providers as designated by the Coalition. Gold Seal Rates will be effective the first of the month fallowing ratification in writing by the provider to l=amity Central, Inc. G. Funding Source. Reimbursement will not be made for children being paid far through a funding source other than the source of funding under this Service Agreement. H. Termination o~F Service to Client. If a child ceases to be eligible for financially-assisted school readiness services ar other subsidized child care, Family Central will notify the Provider of the child's termination date. The Provider shall not be entitled to reimbursement beyond the termination date as indicated on the child care certificate or the date on which the Provider is notified by telephone or in writing of a child's termination, whichever is earlier. 1. VPK Wrap-around rates. The Payment rate for wrapWaround readiness services is calculated in accordance with guidelines established by the Office of Early Learning, regardless of whether the private pre-kindergarten provider or public school delivering the VPK program far the child is the same or different than the school readiness provider delivering the wrap-around readiness services. V. Reimbursement Policies. A. Program Holidays The Provider will be paid for the fallowing holidays. Designated Jul 3, 2009 Inde endence Da Se tember 7, 2009 Labor Da November 26, 2009 Thanks ivin Da December 25, 2009 Christmas Da Janus 1, 2010 (New Years Da Ma 31, 201(} Memorial Da Floating November 27, 2009 December 24, 2009 Januar 4, 2010 Janus 18, 2010 Februar 15, 2010 March 26, 2010 Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday change will occur. Children are not eligible for holiday reimbursement if they are not normally scheduled to attend that day. Holidays may not be claimed for a child during a month that the child is not in attendance. -6- Farnily Central, Inc. 0 3111 S. Dsxis Highway, #222 • West Palm Beach, Ft. 33406 Part time rates will be paid for afterschool children for Memorial Day and labor Day. Additional floating holidays selected by the provider as described above may also be paid at the part time rate for afterschoal children if the day before ar after the additional holiday is paid at a part time rate. The Provider will also close for the following days and time periods. The Provider will not be reimbursed for these days. Providers must notify Family Central in the event they are closed any days not listed in this Service Agreement B. Reimbursement far Absences Reimbursement may be made for a total of 3 absences during a calendar month for each child. Under extenuating circumstance and with proper documentation up to an additional 7 (seven) absences within a month may be paid at the discretion of Family Central. Absences may not be claimed for a child during a month that the child is not in attendance. Reimbursement will not be made fior each day entered on the attendance log as "N" nr not reimbursable. if the day before or the day after a holiday is marked "lV" (not reimbursable), the Provider will not be reimbursed for the holiday. If the da before or the da after a series of holida s andlor floatin holida s is marked °`N" the rorrider will not be reimbursed for an of the holida s andbr flnatin holida s. if the Provider determines that a parent does not intend to return a child to the child care program, then the child must be terminated from the child care program, and future days are non- reimbursable. These non-reimbursable days must be ended as "T" on attendance sheets. If a child is absent for five {5) consecutive days and the parent does not contact the Provider, the Provider shall notify Family Central and Family Central shall determine whether continued care is needed, C. Summary of EnrollmentlAttendance Codes E - Excused Absence X - Enrolled !Present {a day a child is present) A - Authorized Absence beyond 3 days (excused absence beyond three (3) days, which has been approved by Family Central) H - Reimbursable Holiday T - Terminated (day child is disenrolled) N - Enrolled, not reimbursable. ©. No Reimbursement In >=xcess of Licensed Capacity lVo Reimbursement will be made for children in excess of the Provider's licensed capacity and Family Central reserves the right, at its sale discretion, to limit future enrollment when a Prodders has been found to be over its licensed capacity. Under no circumstances will Family Central enroll .. 7 Family Central, Ino. 0 3191 S. Dixie Highway, #222 + West Palm Beach, Fl 334(15 children with Provider that Family Central knows will cause the Provider to exceed its licensed capacity. VI. Rene otiationlMadification. Modifications to this Service Agreement shall be valid only when they have been reduced to writing and duly signed. The porkies agree to renegotiate this Service Agreement if federal, state andlor county revisions of any applicable laws or regulations make changes in this Service Agreement necessary. VII. Name Mailin and Street Address of Pa ee. The name and mailing address of the official payee to wham Family Central shall make payment: Program Gontact: Linda Karch Program Name: City of Delray Bach! Program Address: 50 I~tW 1st Ave-- ' iDelray Beach, Fi. 33444 Telephone Number: 56~-279-5Q03 The name of the contact person and street address where financial and administrative records are maintained: ____. Program Contact: Linda `Korth Program !Name: City of Delray Beach': Program Address: 50 NW 1st Ave Delray Beach FL 33444 Telephone Number: ~ia1-2437251' The services purchased by this Service Agreement will be provided at the fallowing location: 1.Cor~muniiV Center 50 NW'1st Ave, Delray Beach, FL 33414 2 Pornpey Park Comm~~nit ' Ginter 1101 NW 14th Ave Delray Beach, FL n a~e~_-r+..~.. r_1..L...,...a.......-:e+..L...:1A f1A' C~tAf A!1 <C4re~r54-1lolrw.Ro~rFa ~I- VIII. Miscellaneous. A. Terra. This Service Agreement is effective as of Jul~1 2,009, and will automatically ten'ninate on June 30. 2010 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. B. Assignment. Neither Party may assign its interest under this Service Agreement except with the prior written consent of the other Party, which consent shaft not be unreasonably withheld. Without limiting or restricting the generality of the foregoing, it shall not be unreasonable for a party to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser or transferee lacks the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement aver the remaining portion of the Agreement Period. Na assignment shall operate to release the assigning Party from its obligations hereunder unless such Party is expressly released from its obligations by the other Party. C. Inurement. This Service Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Nothing contained in this Service Agreement, express or implied, is intended to confer upon any other person ar entity any benefits, rights or remedies. ©. Waiver. Na waiver by any Party of one or more defaults by any other Party in the performance of any provisions of this Service Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a Pike or a different character, -8- ramiiy Central, lac. • 3911 s. l7ixie Highway, #222 • West Palm Beach, FL 33805 E» Headings. The headings in this Service Agreement are inserted for convenience or reference only and shall not affect the meaning or construction hereof. F. Entire Agreement. This Service Agreement represents the entire understanding between the Parties relative to the matters addressed herein. There are na restrictions, promises, warranties ar undertakings other than those set forth ar referred to herein. G. Amendment. This Service Agreement may not be amended without the execution of a written document by all Parties hereto. H. Governing Law and Venue. This Service Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. Venue for purposes of any action brought to enforce or construe this Service Agreement shall be in Palm Beach County, Florida. !N WITNESS THEREOF, the parties have caused this 12 page Service Agreement to be executed by their undersigned officials as duly authorized. The undersigned represents and warrants that helshe has full and compfete authority to execute the agreement an behalf of City-of Delray Beach PROVIDI=R: City of C3elray Beach (Program`s Corporate Name) City of Delray Beach dlbla FAMILY CENTRAL, INC. BY SIGNING THIS AGREEMENT AND AGREEING TO ACCEPT FINANCIALLY-ASSISTED SCHOOL. READINESS FUNDS AND SUBSIDIZED CHILD CARE FUNDING AVAILABLE FROM OTHER SOURCES, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGREE TO ABIDE BY THESE TERMS STATED. SIGNATURE SECTION Signature: Name: Title: Date: (please print) Federal I.D. or SS #: 59-G00fl308 Approved as to dorm a legal su~ciency,;~ Signature: Name: Barbara A. Weinstein, 1=d.D. Title: PresidentfChief Executive Officer Date: ' By: ,~vao City Attu ey ~ ~ ~~ r -9- Family Central, inc.. 3117 5. pixie Highway, #222 • West Palm Beaeh, FL 33405 ATTACHMENT "A" SCH©OL READINESS NEGOTIATED FIXED RATE SHEET City of ©elray Beach. Program's !Name Child care reimbursement shall be based upon the fallowing negotiated fixed rate per child. Parent fees shall be deducted from the negatiated rate before payment is made to the Proviider. FULL TIME DAILY 6 Hours or More 6 Hours or More Sibling Per Day Rate Infants $ NIA $ NIA q-'12 months Toddler $ NIA $ NIA 93-23 months Two year olds $ NIA $ NIA 24-35 months Preschool $ NIA $ NIA 36-47 months Preschool $ NIA $ NIA 48-59 months Preschoal 60-72 months $ NIA $ NIA (not In School) School Agelsummers $ 2,6,4 $ 2.54 Holidays Rates Effective: July 7, 2flo9 Provider's Signature: Date: Approved as to farm and legal Sufi ' iency: .._ 4 ity ~4tt~rn~~ ~~~ _~p_ Family Central, lnc. • 3991 S. Dixie Highway, #222 • West Palm Beach, FL 33A05 ATTACHMENT "B" SCH©©~ READINESS NEGOTIATED PIXED RATE SHEET City of Delray Beaclx Program's Name Child care part time reimbursement shall be based upon the following negotiated fixed rate per child. Parent fees shall be deducted from the negotiated rate before payment is made to the Prnvlder. PART TIME DAILY Less Than 6 Hours Less Than 6 Sibling Hours Per Day Rate Infants $ NIA $ NIA 0-92 months Toddler $ NIA $ NIA 13-23 months Two year olds $ NIA $ NIA 24-35 months Preschool $ NIA $ NIA 36-47 months Preschaol $ NIA $ N1A 48-59 months Preschool 60-72 months $ NIA $ NIA (not in School} School Agelsummers $ 2.54 $ 2.54 Holidays Rates Effective: July 'l, 2009 Provider's Signature: Date: -11- Family Central, Inc. • 3~ 11 S. iJixie Highway, #222 • West Palm Beach, Fl. 334p5 ATTACHMENT "C" SCHOOL READINESS NEGOTIATED FIXED RATE SHEET City of Delray Beach Program's Name Wrap Around Rate far VPK Children (For the same child attending a VPK program and school readiness funded program} Child care Wrap around rate far VPK children's reimbursement shall be based upon the fallowing negotiated fixed rate. FULL TIME DAILY 6 Hours ar More 6 Hours or More Siibling Per Day Rate Preschool 36-47 months $hlfA' $NIA Preschool $NIA ${VIA 48-59 months -_ Preschool SO-72 months $IA $NIA (not iin School) PART TIME DAILY Less Than 6 Haurs Less Than 6 Hours Sibling Per Day Rate Preschaol 36-47 months $N~p $tVIA Preschool $~lIA $NIA. 48-59 months Preschool 60-72 months $NIA $NIA (not in School) Rates Effective: July 1, 2tIt19 Provider's Signature: Date: # 635952I v1 -12- Family Central, Inc.. 3111 S. Dixie Highway, #222 • West Palm Beach, FL 33405 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RATE AGREEMENT/FAMILY CENTRAL, INC. ITEM BEFORE COMMISSION Request City Commission approval of a rate agreement between Continue-To-Care Afterschool/Family Central, Inc. and the City of Delray Beach to provide funding for the Afterschool Program. BACKGROUND The term of this Agreement between Continue-To-Care AftershooUFamily Central, Inc.is October 1, 2009 through June 30, 2010. Family Central, Inc., administrator of the funds, will reimburse the City based on daily attendance per child. The afterschool program has been awarded 104 child care slots for reimbursement at a rate of $10.44/day/child for 1/2 days and $19.86/day/child for full days (less required co-payments of $1.80 per day for first child and $.90 per day for each addtional child in the family). RECOMMENDATION Parks and Recreation recommends approval of the Agreement with Family Central, Inc. for reimbursable funding for up to 104 child care slots. m CUakrtging lives ,for a lii'ef lens CONTINUE-TO-CARE AFTERSCNOOL (CTC-Ay SERVICE AGREEMENT BETWEEN FAMILY CENTRAL, INC. AN D City of D~iray reach The parties to this Service Agreement are Family Central, Inc., ("Family Central"}, and, Cif of iw?etra S .ach {the "Provider"}. Family Central performs administrative duties in the enrollment of children into Continue-to-Care Afterschonl ("CTC-A"} programs with respect to funding available through the Early Learning Coalition of Palm Beach County, Inc. (the "Coalition"). The purpose of this Service Agreement is to establish the method by which Provider will receive payment available through the CTGA program. The Parties acknowledge that the Provider is not a subcontractor of Family Central, Family Centro[ has no control over the day-to-day operations of the Provider, and that the existence of this Service Agreement does not require or guarantee referral ar enrollment of children in Provider's afterschoal program. The Parties agree as follows: Provider Responsibilities. The Provider shall A. Retain all client records, financial records, supporting documents, statistical records, and any other documents {including electronic storage media} pertinent to this Service Agreement for five {5) years after termination of this Service Agreement, or if an audit has been initiated and audit findings have oat been resolved at the end of five {5) years, the records shall be retained until resolution of the audit findings. Provider further agrees that all records, papers, letters or other documents made or received in conjunction with this Service Agreement and the prevision of services hereunder shall be subject to public access pursuant to the provisions of Chapter f 19, Florida Statutes. The provisions of this paragraph survive termination of the Service Agreement. B. Ensure that all records pertinent to this Service Agreement, including but not limited to sign-inlsign-out and attendance records, are available at all reasonable times for inspection, review, copying or audit by Family Central, the Coalition or personnel duly authorized by Family Central or the Coalition. C. Permit persons duly authorized by Family Central andlor the Coalition to access, inspect and/ar copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients or employees of the Provider to ensure the satisfactory performance of the terms and conditions of this Service Agreement. Failure to allow access to duly authorized persons may result in non-payment for that day and provider termination from the CTC-A program. D. blot discriminate against participants in, or employees working with, any program funded through this Service Agreement because of age, race, creed, color, disability, national origin, nr gender. E. Nnt hold itself out, nor should its employees hold themselves out, as employees, agents, servants, joint venturers, partners ar representatives of Family Central or the Coalition. _~_ Family Central, tea. ~ 3111 S. -ixie Highway, Suite 222 ~ West Palm Beach, FL 334x8 F. Keep confidential all information concerning all children and their families required to be kept confidential by law and provide adequate security in its record keeping. G. Return to Family Central any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Service Agreement that were disbursed to the Provider by Family Central. The Provider shall return any overpayment to Family Gentral within thirty {30} calendar days after either discovery or notification of the overpayment. If the Provider or its independent auditors discover an overpayment has been made, the Provider shall repay the overpayment within thirty {3Q) calendar days without prior notification from Family Central. Notwithstanding any provision in this Service Agreement to the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any other means. if Family Central makes such a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction at the time the reimbursement payment is made. H. Submit the final invoice for payment to Family Central nn more than twenty {20) calendar days after termination or expiration of the 5erviee Agreement; if the Provider fails to do sn, all right to payment is forfeited, and Family Central will not honor any requests for payment submitted after the aforesaid time period. Any payment due under the terms of this Service Agreement may be withheld anti[ all evaluation and financial reports due from the Provider and necessary adjustments thereto, have been approved by Family Central. I. Comply with all applicable federal, state and Incal laws and regulations, including but not limited to, requirements of Coalition, Family Central, local fire and health authorities, the Palm Beach County Child Care Ordinance, and Chapters 65C-20, 65C-21 and 65C-22, Florida Administrative Cnde. Failure to comply with federal, state nr local regulations may result in termination of this Service Agreement andlor non-payment of afterschool services. J. Accept a CTC-A child only after receiving authorization from Family Central. Initial authorization may be by phone. Written authorization from Family Central must be received before payments will be made. K. Maintain current documentation on each child, including authorization, enrollment, attendance, and termination records. The Provider is required to maintain asign-inlsign-out sheet in the form approved by Family Central which must be utilized each day their children are in attendance. The sign-inlsign- nut sheet is only used by Family Central to verify attendance for enrollment and payment purposes. Family Central does not monitor for ar verify the child's arrival to and departure from the afterschool program for the purposes of determining safe arrival and return home or to the custody of a parent or guardian. This is the sole responsibility of the Provider. Sign-inlsign-out sheets must remain on-site for the current and previous three months and available for inspection andlor pick-up by persons duly authorized by Family Central. In addition, all sign-inlsign-out sheets must be retained pursuant to paragraph I.A. herein. Reimbursement payments will be adjusted to reflect any discrepancies between the sign_inlsign-out sheet and the attendance sheet, or if the provider is over their licensed capacity. In the event of a discrepancy between asign-inlsign-out sheet and an attendance sheet, the sign-inlsign-nut sheet shall control. The Provider will be liable for prosecution under state law for fraudulently misrepresenting a child's attendance andlor sign-inlsign-out sheet. L. As applicably;, maintain hours of operation in accordance with and not exceeding the provider's child care license. M. The Provider must notify Family Central in writing a minimum of 14 calendar days in advance of any changes to its location. N. Be liable for and indemnify, defend and hold harmless Family Central and the Coalition and all of their respective officers, agents, and employees from all claims, suits, judgments or damages, including attorneys' fees and costs arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement or any .2. Family Gentral, Inc. ~ 3111 5. Dixia Highway, Suite 222 • Wast Palm Beach, FL 83405 Subsequent mndlflCatlOn of this Service Agreement, Whether direct ar indirect, and Whether to any person ar tangible ar intangible property. The Provider's inability to evaluate its liability shat[ not excuse the Provider's duty to defend and indemnify within seven {7) calendar days after notice by Family Gentral ar the Coalition by certified mail. After the highest appeal is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay all casts and fees including attorneys' fees relating to these abl'€gations and their enfnreement by l=amity Gentral or the Coalition. Family Central's ar the ,.~ Coalition's failure to notify the Provider of a claim shall not relieve the Provider of these duties. The Provider shall not be liable for the sole negligent acts of Familyy Central or the Coalition.'Ihis rovision shall. nac be construed as a waiver a~ an ri ht ar defense which t'ravider ma assess and is limited ©. Maintain any liability andlor accident insurance as required by law, including but not limited to, any insurance required by child care licensing regulations. Any insurance coverage beyond that required ~_ by law is optional, but encouraged. if the Provider maintains liability andlor accident insurance vision covering its business: {a) Family Central and the Goalition shall be named as additional insureds.{with a£ the exception of worker's compensation insurance), {b} the Prnvider shall furnish Family Central with~ection written verification supporting the existence of such insurance coverage, and {c) the Provider shat 76g 288 notify Family Central in writing at least thirty {30} days in advance of any anticipated material change Ala, in coverage or cancellation. The Provider must comply with the insurance requirements of this gtat, paragraph before reimbursement payments will be made. This provision does not apply to the extent the Provider is self• insured, including but not limited to, a state agency or subdivision that is self- insured pursuant to Section 768.28(16), Florida Statutes. P. Submit to monitoring by Family Central to ensure compliance with this Service Agreement. Mnnifiarings may occur randomly throughout the year and are unannounced. If deficiencies are noted, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies. Recurring lack of availability for monitoring, failure to comply with a corrective action plan, ar failure to correct any deficiencies shall constitute a violation of this Service Agreement, and is grounds for termination of this Service Agreement. Q. Immediately report any known or suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry {1-80096-ABUSE}. R. Agree to attempt to settle any dispute through the Family Central Grievance process. In the event the provider fails to first go through the Family Central Grievance process, the Provider shall pay all Family Gentral casts and fees including attorneys' fees relating to any action the provider may take. S. Be (a) certified by NanProfits First; {b) a municipality; or {c} a Palm Beach County School District Afterschool Program in order to be eligible to receive CTC-A funding. Notwithstanding the foregoing, children who were receiving CTC-A funding on the effective date of this Service Agreement will remain eligible for CTC-A funding, but no new CTC-A slots will be filled unless the Prnvider meets the abave- described criteria, In addition, if the Provider participates in Early Gare Q15, siblings of children in care may be enrolled in CTC-A slots, but no other children may be enrolled far slots funded through CTC-A unless the Provider meets the above-described criteria for new CTG-A slots. T. Not be eligible to receive CTC-A slots unless the Provider participates in Prime Time's QlS. Notwithstanding the foregoing, children who were receiving CTC-A funding on the effective date of this Service Agreement will remain eligible for CTC-A funding, but no new CTC-A slots will be filled unless the Provider participates in Prime Time's QIS. In addition, if the Provider participates in Early Care QIS, siblings of children in care may be enrolled in CTC-A slots, but na other children may be enrolled far slats funded through CTGA unless the Provider participates in Prime Time`s QIS. lJ. Remain active in Prime Time's QIS. Active Participation in Prime Time's QIS is defined by: completion of annual external assessments; quarterly progress checks documented by Quality Advisors; full participation in Parts I and ll of self-assessment and completion of a Program Improvement Plan within 90 days of external assessments. The Provider shall not be eligible for CTC-A funds if it fails to comply with this paragraph. V. To accept tho State of Florida, Agency for Workforce Innovation, Office of Early Learning rules for reimbursement far holidays and absences which include: {1) payment for up to 12 holidays per year, -3- Fa,,3ily Central, inc. • 3111 S. Qixie Highway, Suite 222 + West Palm Beach, FL 33405 and (2) up to 3 absences and potentially 7 additional absences in certain documented circumstances each calendar month. 11. Family Central Responsibilities. Family Central shall: A. Conduct monitoring of the Provider`s compliance with this Service Agreement. B. Notify the Provider of children whose parents choose the Provider for an afterschool program funded by CTC-A as appropriate, in accordance to Family Central's contract with the Coalition. C. Distribute Coalition funds to the Provider as reimbursement for services provided under this Service Agreement in accordance with the terms and conditions of this Service Agreement. I11. "termination. A. Termination With Notice ~ •This Service Agreement may be terminated by Family Central with or without cause upon no less than 24 hours for reasons including, but not limited to: ~~-- Funds to finance this Service Agreement become unavailable; or nd/or Fam~.~y Central 2. ~~ The Providereaches this Agreement., it ma he tex'minated with no less than B. Terming ion Without Not Ge ~Th s Service Agreement may be terminated by Family Central without prior notice if: 1. The Provider fraudulently reports false inforrnation to Family Central regarding the attendance of children at the afterschool program. 2. Any child care license required in order for the Provider to provide child care is suspended, revoked or not renewed by the licensing authority. 3. The Provider is not subject to licensure by a licensing authority and Family Central is directed by the Coalition to terminate this Agreement due to a concern for the health andlor safety ofi the chilct(ren) in the Provider's care. C. Automatic Termination. This Service Agreement shall immediately terminate upon the expiration or termination of Family Central's contract with the Coalition for the CTC-A Program. IV. Method of Pa meet. A. Rates. Payment far afterschool services shah be based upon the Rate Fixed Sheet attached hereto as Attachment ",~" which is expressly made a part hereof and incorporated by reference herein. B. Co-Payment. 'the required co-payment is $1.80 per day, regardless of foil or half day, for the first child in the family and $.90 per day far each additional child in the family. Family Central will deduct the co-payment from the negotiated rate before payment is made to the Provider. it shall be the responsibility of the Provider to collect the parent coWpayment. family Central is not involved in collecting the co-payment, except that Family Central will assist in collecting up to two weeks of ca- payrrients if two weeks or less of co~payments are past due and need to be collected prior to transfer of a child to a di;~erent child care provider. C. Fees. Families will pay the established registration fees of the Provider. Famil'€es will also pay any charges or fees ~~ssociated with extra-curricular activities such as karate, dance class, snacks, field trips, etc. -4- Family Central, Inc. • 3119 S. I]ixie H'sghway, Suite 222 • west Palm Beach. t=L 33405 D. Monthly Invoices. The Provider will be paid by Family Central on the basis of monthly invoices that report the eligible enrollment nn a daily basis. The invoices shall be submitted nn the Attendance Sheet and Documentation of Absences forms provided by Family Central for this purpose. The Provider shall submit monthly invoices consisting of the attendance and reimbursement request farms to Family Central not later than the fourth 4th calendar da of the month following the month in which services were provided. Monthly attendance and reimbursement forms received after that day will be included in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forfeits all rights to payment for any monthly attendance report submitted more than 45 days fnllowing the end of the service period. Requests for reimbursement adjustments must be submitted in writing to Family Central within 45 days fnllowing receipt of payment for that service period nr within twenty (20) days after the expiration nr termination of the Service Agreement whichever is sooner. Suspected fraudulent conduct by the Provider in reporting information to Family Central in connection with receiving payment hereunder may result in termination of this Service Agreement and will be reported to the appropriate law enforcement authority or authorities. E. Payments. Reimbursement payments will be mailed or released for direct deposit by Family Central not later than the sixteenth (18th) calendar day of the month, following the month for which a completed and accurate invoice (including all required attendance information) is submitted to Family Central, subject to availability of funds. This is not necessarily the date providers will have access to the payment, depending nn bank regulations. Reimbursement shall be made for the eligible enrollment on a daily basis. F. Gold Seal. Reimbursement at Gold Seal rates will be made only if proper documentation is submitted to Family Central. Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation certificate from an accrediting body recognized by the State of Florida. if the Provider ceases to qualify at any time for payment of Gold Seal rates, the Provider will be reimbursed at the non-Gold Seal rates. Gold Seal Rates will be effective the first of the month following notification in writing by the provider to Family Central, loc. G. Funding Source. Reimbursement will not be made for children receiving after school care through a funding source other than the source of funding under this Service Agreement. i-l. Termination of Service to Client. if a child ceases to be eligible for CTC-A funding, Family Central will notify the Provider of the child's termination date. The Provider shall not be entitled to reimbursement beyond the termination date as indicated on the child care certificate nr the date, on which the Provider is notified by telephone or in writing of a child's termination, whichever is earlier. Slot replacement may be accomplished by the Provider pursuant to the procedures set forth in Attachment "B" V. Reimbursement Policies. A. Program Mal:"relays The Provider will be paid for the following holidays. Designated Jul 3, 2009 Inde endence Da Se tember 7, 2009 Labor Da Paid at Part-time rates November 26, 2009 Thanks ivin Da December 25, 2009 Christmas Da Janus 1, 201 D New Years Da Ma 31, 2010 Memorial Da Paid at Part-time rates Floating (up to a maximum of 6) November 27, 2009 December 24, 2009 Janus 4, 2410 January 18, 2010 Februar 15, 2010 March 26, 2010 -5- Family Central, inc. + 3111 S. Dixie Highway, Suite 222 + West Palm Beach, Fi_ 3345 Any changes to flaating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday will occur. Holidays may oat be claimed for a child during a month that the child is not in attendance. Part time rates will be paid far Memorial Day and Labor Day. Additional flaating holidays selected by the provider as described above may also be paid at the part time rate if the day before or after the additional holiday is paid at a part time rate. The Provider will also close for the following days and time periods. The Provider will not be reimbursed far these days. Providers must notify Family Central in the event #hey are closed any days not listed in this Service Agreement B. Reimbursement for Absences Reimbursement may be made for a total of 3 absences during a calendar month for each child. Under extenuating circumstance and with proper documentation up to an additional 7 {seven) absences within a month may be paid at the discretion of Family Central. Absences may not be claimed for a child during a month that the child is not in attendance. Reimbursement will not be made far each day entered on the attendance lag as "N" or not reimbursable. If the day before or the day after a holiday is marked "N" (not reimbursable), the Provider will not be reimbursed for the holiday. If the da before or the da after a series of halide s anchor floatin :...~..J...... :.. .ti..,..L.,..t «IUfe i~L... ..rw,.:einw ur:l1 nr~4 hn rn:mh~~wcnrl ~nw ~mr ni +hn hnlirl~rrc ~n'11nr flaating hofidays. if the Provider determines that a parent does oat intend to return a child to the afterschnnl program, then the child must be terminated from the afterschoal program, and future days are non- reimbursable. These non-reimbursable days must be coded as "T" an attendance sheets. if a child is absent for five (5} consecutive days and the parent does not contact the Provider, the Provider shall notify Family Central and Family Central shall determine whether continued afterschool care is needed. C. Summary of EnroflmentlAttendance Codes E - Excused Absence X - Enrolled 1 Present (a day a child is present} A - Authprized Absence beyond 3 days (excused absence beyond three (3} days, which has been approved by Family Central) N - Reimbursable Holiday T - Terminated (day child is disenrolled} N - Enrolled, not reimbursable. -6- Family Central, tnc. • 3111 5. Dixie Highway, Suite 222 • west Palm Beach, ~L 33406 Vl. RenegotiationlModifiration. Modifications to this Service Agreement shat[ be valid only when they have been reduced to writing and duly signed. The parties agree to renegotiate this Service Agreement if federal, state andlor coon#y revisions of any applicable laws or regulations make changes in this Service Agreement necessary. VI1. Name, Mailing and Street Address of Payee. The name and mailing address of the official payee to whom Family Central shall make payment: Program Contact: Linda Karch Program Name: C~~of Delray Beach; Program Address: 50 NW 1stAve~ Delray. Beach, FL' 3344~t Telephone Nurt--ber: 561-243 725'1: The name of the contact person and street address where financial and administrative records are maintained: Program Contact: Linda Karch Program Name: City-of Delray Beach ou# of School Proaratn Program Address: 5(1 NIN 1st Ave Delrav Beach. FL 33444 Telephone Number: 56'1279-5.003; The services reimbursed under this Service Agreement will be provided at the following locations: City_ of Delrav Beach out of Sch,nol Prac~ra _1.Comn~unity Center 50 NW 1st Aue, Delrav Beach, FL ~ Pnmr~PV Park Co-nmunity Center 7'1 Q'1 NW 14F a Delrav Beach. FL vP '~tpm~r;~ail•v Vlll. Miscellaneous. A. Term. This Service Agreement is effective as of October 1, 209, and will automatically terminate on June 3Ur 21#1 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. This Service Agreement may be renewed by Family Central, at its option, for one additional one year period. B. Assignment. Neither Party may assign its interest under this Service Agreement except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. Without limiting or restricting the generality of the foregoing, it shall not be unreasonable for a party to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser or transferee lacks the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement over the remaining portion of the Agreement Period. No assignment shall operate to release the assigning Party from its obligations hereunder unless such Party is expressly released from its obligations by the other Party. C. Inurement. This Service Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in this Service Agreement, express or implied, is intended to confer upon any other person or entity any benefits, rights or remedies. -7- Family Central, Inc. a 3911 S. Dixie Highway, Suite 222 * West Palm Beach, FL 33405 D. Waiver. No waiver by any Party of one or more defaults by any other Party in the performance of any provisions of this Service Agreement shah operate ar be construed as a waiver cif any future default or defaults, whether ofi a like nr a different character. E. Headings. The headings in this Service Agreement are inserted for convenience or reference only and shah oat affect the meaning ar construction hereof. F. Entire Agreement. This Service Agreement represents the entire understanding between the Parties relative to the matters addressed herein. There are na restrictions, promises, w::rranties or undertakings other than those set forth ar referred to herein. G. Amendment. "his Service Agreement may not be amended without the execution of a written dacurr~ent by all Parties hereto. H. Governing Law and Venue. This Service Agreement shall be governed by and construed a:~d enforced in accordance with the laws of the State of Florida, without regard to prr~ciples of conflict of laws. Venue for purposes of any action brought to enforce or c ~ tstrue this Service Agreement shall be in Palm Beach County, Florida. IN W1TNl~SS TNEREC3F, the: parties have caused this '12 page Service Agreement to be executed by their undersigned officials as duly authorized. The undersigned represents and warrants that helshe has foil and complete arttharity to execute the agreement on behalf of City of Delray ueach out otachool Pr~~ram PROVIDER: IwAMILY CENTRAL., INC. City of 1]elray peach (Prograrr,'s Cor;~orate Name`, City of delray peach out; of School Pr~s~ratn` dlbla Signature: Signature: Name: Name: Barbara A. Weinstein, Ed.©. (please print} Title: Title: PresidentlChief Executive Qfficer Date: Date: Federal I.D. or ~~S #: 5~~:artd ~pprnved iega[ su ~ciency! ~~ ~ F~+1f~~Al~r,riiic~. ~ 3 D i~l~ ay, Su222 • west Palm 8~ach, ~i. 33405 ~i ATTACHMENT "A" FNXED RATE SHEET Styr of pelrav beach Program's Name CTC-A provides funding far afterschool programs in accordance with the schaal year calendar. Children will be eligible to receive Part Time Care during regular school days and l=ull Time care during summer, Schaal closure days {which dc~ not include weekends and non-reimbursable holidays or other days the Provider is closed) and early release days. Afterschool reimbursement shall be based upon the fallowing fixed rate per child: FULL TIME DAILY Summer, School Closure Days; Early Release $99.86 Days PART TIME DAILY Regular School Days $10.44 The required co-payment is $1.80 per day, regardless of full or half day, for the first child in the family and $.90 per day for each additional child in the family. Family Central shall deduct the co- payment from the rate before payment is made to the Provider. Rates Effective: July 1, 20[)9 Provider's Signature: Date: A{~praved as t `c ~. r ~ ; ;•, -~ ~,, Legal suf ' ent;~r: By: lty Aftorney / -9- Family Central, Inc. • 3991 5. Cixie Highway, S~1ite 222 • west Palm Beach, Fl_ 33A05 ATTACHMENT "B" SLOT REPLACEMENT; I]tRECT REFERRALS TO FAMILY CENTRAL i ~ (~~ Provider has been allacated.°child care spots to be supported by CTC~schalarship funding for C of Qe3r-ay B.eacl~ ^ut of School Progra site. In the event that al~°~fots in the site are not filled, slot replacement may be accomplished by the Provider sending a direct referral to Family Central using the referral form attached as Exhibit A. This direct referral must be accompanied by a termination form completed by the Provider on the form attached as Exhibit B indicating which child is being replaced, as well as the reason #or termination. Slot replacement can occur whether or not the child being terminated is receiving CTC-A scholarship funding elsewhere. The Provider understands that far the period ending one year from the date nn which the Provider first entered into any CTC-A agreement with Family Central, the replacement of slots until the Provider reaches a total plats Jai may be apk~roved by Farr~ily Central. The Provider recognizes and agrees that there may be a limitation or temporary freeze of slot replacement allowed per program due to the availability of funds. Nothing herein prevents the Provider from receiving CTGA funding for a child that was receiving such funding from another provider and trans#ers to Provider's facility. However, in no event shall Provider receive CTC-A funding for children in excess of Provider's licensed capacity. Following receipt of a referral from a Provider, Family Central will determine the availability of funding and eligibility. Initial eligit.~ility requires that a parent(s) is working a minimum of 20 hours per week and their gross family inc::~rne cannot exceed 30g% of the Federal Poverty Level. Provided that funding is available, the referred parentlguardian will be contacted by Family Central staff to complete the enrollment process. ~`he Provider will be notified that the enrollment process has been initiated. If Family Central determir•, s that the funding is not available or that the program has utilized its maximum number of app; Quad slot replacements, Family Central will return a voided referral to the Provider. if i=ami[y Central determines that funding is available and that a slot rr~ay be replaced, Family Central will furnish the Provider with a written child care certificate for each new child to be enrolled. ~-he authorized :enrollment date and reimbursement begins nn the effective date of the child care certifi gate. -10- Famidy Central, Inc. • 3111 S. pixie Highway, 5uiEe 222 • Wesf Palm Beach, FL 33405 MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: September 17, 2009 SUBJECT: AGENDA ITEM 8.5. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SERVICE AGREEMENT/PROPERTY ROOM.COM, INC. ITEM BEFORE COMMISSION The Police Department seeks approval of the attached agreement with the Internet based auctioneer PropertyRoom.com. They provide a complete, full service auction system to inventory and sell abandoned and seized property. This system is especially designed for law enforcement. There is no fee to the City. The City would receive 50% of the selling price up to $1,000 and 75% for any portion of the selling price which exceeds $1,000 (processing fee charges, if applicable would be deducted). BACKGROUND The Police Department's Evidence Section receives over 700 pieces of evidence or property every month. Currently, we are only able to dispose of a small fraction of that amount. This has created storage issues and use of overtime in an effort to keep the problem from compounding. In the past, we participated in the occasional public auction to dispose of such property; however the cost of our employees' time and the efforts put into running an auction made this cost prohibitive. Potential revenue was thus lost. PropertyRoom.com currently has contracts with over 1000 state and local law enforcement agencies including our neighboring Boca Raton, Boynton Beach and Broward County. They are responsible for collecting, inventorying, and receipting abandoned and seized property. All property is issued a unique identification number and included on an agency specific manifest. They test items for functionality, clean and conduct reasonable repair and research and evaluate fair market value on each item. This Department is not aware of any other company providing this same level of service. RECOMMENDATION The Police Department recommends approval of the agreement. PROPERTY DISPOSITION SERVICES AGREEMENT PropertyRoom.com, Inc., a Delaware corporation ("ProperryRoom" or "PRC"), enters into this agreement (the "Agreement"), with the client identified below (the "Owner") for the auction and disposition of personal property (the "Disposition Services"), in accordance with the Terms and Conditions and Addenda, if any, attached hereto and listed below. Beginning (the "Start Date"), Owner engages the Services of PRC. O~~ ncr Information Schedules, Supplements & Other Attachments Mark included attachments: Owner Name Terms and Conditions Yes Address Addendums: YES City, State Zip Code Phone Email This Agreement, including all of the terms and conditions set forth in the attached Terms and Conditions as well as all other attachments indicated in the box above, comprises the entire Agreement between the Parties. This Agreement cannot be modified except in writing by the duly authorized representatives of both parties. Owner Signor Name Signor Title Signature Signature Date PropertyRoom.com Signor Name Signor Title Signature Signature Date PropertgRoa.com, Inc. 26421 Crown Valley Parkway, Ste 200 Mission Viejo, California 92691 +1 (949) 282-0121 Federal Tax ID 86-0962102 1 of 7 PROPERTY DISPOSITION SERVICES AGREEMENT TERMS AND CONDITIONS 1. Property to be Sold. From time to time, Owner will designate items of personal property (the "Property") that it desires to provide to PRC for Disposition Services. PRC retains the right to accept or reject certain items in its sole discretion. 2. Title. Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in accordance with this Agreement at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the item of Property (the `Buyer"). Owner appoints PRC as its attorney-in-fact to sign any and all documents necessary to assign to Buyers all of Owners right, title and interest in and to Property sold or disposed. Cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property (collectively the "Proceeds") belong to Owner, subject to PRC's right to PRC's Net Proceeds and funds attributable to credit card processing costs and other transaction costs. Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of Owner. 3. Method of Selling Property. a. Portable Property Items. PRC will, on Owners behalf, pick-up, store and list Property for sale by auction to the public on the internet on one or more domain names selected by PRC. To the extent that any Property is not sold by auction, PRC may, in any commercially reasonable manner selected by PRC, dispose of Property. PRC will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PRC will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price, setting the length of time Property will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting Buyer information (such as name, billing address, shipping address, and credit card information); approving Buyer credit card purchase transactions; and collecting auction proceeds for completed sales from Buyers. PRC shall use reasonable commercial efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PRC shall sell and dispose of all Property "as is" without any liability to the Owner. PRC is solely responsible for identifying and resolving sales and use tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes. b. Large Property Items. PRC will, at Owner's request and on Owner's behalf, list physically large Property ("Large-Items") for sale by auction, including but not limited to cars, trucks, boats, planes and bulk lots of bicycles. For Large-Items, PRC offers Owner different selling options ("Silver," "Gold," "Gold-Plus" and "Platinum"), each with different service components and associated pricing. (1) In-Place Options. For Golf, PRC will auction Large-Items in-place, and in this context, "in-place" means that PRC will not pick-up and store these specific Items but rather Owner will maintain physical control until transfer of Items to Buyers. (2) Haul-away Option. For Platinum, PRC will, in conjunction with a partner and to the extent practical, pick-up and haul-away Large-items, selling via online auction and transferring title and physical possession to Buyers as described in Portable Property Items. (3) Large-Item Service Summary. The Large-Item Auction Services Option Table below depicts service components associated with each option. 2 of 7 PROPERTY DISPOSITION SERVICES AGREEMENT Method of Selling Property: Large-Item Auction Services Option Table Rcs x~nsiblc Party (if a> >l icablc) Sc~~~icc Component Gold Platinum 1. List Large-Item for In-Place online auction PRC 2. Checklist review and coordination PRC PRC 3. Listing write-up and marketing PRC PRC 4. Auction and auction technology management PRC PRC 5. Customer Support to Bidders PRC PRC 6. Coordinate Buyer payment and Large-Item pick-up PRC PRC 7. Transaction (payment) processing PRC PRC 8. Photographing vehicle review, equipment description Owner PRC 9. Provide or procure asset title, as applicable Owner Owner* 10. Pick-up and haul-away for off-premises online auction NA PRC * At Owner request, PRC will acquire title through its partner and pass-through title acquisition cost. 4. Term and Termination. a. This Agreement will become effective as of the Start Date and will continue for an initial term of one (1) year (the "Initial Term") following the "Launch Date" (as defined herein) and thereafter will automatically renew for consecutive one (1) year terms unless written notice of non-renewal is provided by either party to the other at least sixty (60) days prior to the expiration of the then current term. b. As used herein, "Launch Date" shall mean the date on which PRC completes the first auction of Owner Property. c. This Agreement maybe terminated if there is a breachby either party of any obligation, representation or warranty contained in this Agreement, upon thirty (30) days prior written notice to the other party unless the breach is cured within the thirty (30) day period, provided, however, if the breach is not capable of being cured within thirty (30) days, the breaching party will have a reasonable amount of time to cure the breach if it begins to cure during the thirty (30) day period and proceeds diligently thereafter. The written notice will specify the precise nature of the breach. d. The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. e. Notwithstanding any termination by either party of this Agreement, PRC will continue to remit amounts due to Owner under this Agreement in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by PRC or returned to Owner, at Owner's election and cost. 5. Allocation of Sales Proceeds. a. Portable Property Items (1) Sales Price. The total amount paid by Buyer shall be called the "Sales Price." The Sales Price shall include the winning bid amount (the "Winning Bid") and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by Buyer. (2) The Split. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and 75% of the Winning Bid portion, if any, that exceeds $1,000. From this amount, the Owner's pro rata share of transaction fees (the "Processing Costs"), if any, will be deducted. (3) Processing Costs. Credit card processing costs ("Credit Card Cost") and affiliate processing fees (the "Affiliate Fees," which include commissions and processing costs paid to third parties IF they sent the winning bidder to the website), will be borne by Owner and PRC in proportion to the percentage of the revenue credited to the parties for each underlying transaction. (4) Net Proceeds. Amounts received by the Owner will be called "Owner's Net Proceeds". Portable Item Example. The following example illustrates allocation of proceeds from a Portable Property Item sale. Assume an item of Property sells at auction fora $100 Winning Bid; the Buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6. The Buyer pays the Sales Price of $118.00 ($100 + $10 + $2 + $6) by credit card, and the Credit Card Cost is 3% of the Sales Price or $3.54 (0.03 x $118) and the Affiliate Fee is 4.8% or $4.80 (0.048 x $100). The Owner and PRC each share 50% of the 3 of 7 PROPERTY DISPOSITION SERVICES AGREEMENT underlying Winning Bid, therefore Credit Card Costs and Affiliate Fees are also shared equally, $1.77 each ($3.54 - 2) for Credit Cost and $2.40 each ($4.80 - 2) for Affiliate Fees. The Owner's Net Proceeds are $45.83 ($50.00 less $4.17). Note: less than 1 out of 10 transactions include Affiliate Fees. (5) Fuel Surcharge. The Company does NOT charge pick-up fees. Instead, a fuel surcharge applies per Portable Item manifest when diesel prices rise above a specific level as shown in the Fuel Surcharge Schedule below. The Company benchmarks average diesel retail prices as published online by the Energy Information Administration of the US Department of Energy and resets its fuel surcharge quarterly based on pricing from the prior quarter. Fuel surcharges, if any, deduct from monthly Owner's Net Proceeds. Fuel Surcharge Schedule Retail Diesel (per gal) Fuel Surcharge Less than $2.50 $ 0.00 $ 2.50 to $ 2.99 $ 12.40 $ 3.00 to $ 3.49 $ 24.80 $ 3.50 to $ 3.99 $ 37.20 $ 4.00 to $ 4.49 $ 49.60 $ 4.50 to $ 4.99 $ 62.00 $ 5.00 to $ 5.49** $ 74.40 * Divides across locations and/or sub-accounts picked-up same day ** Table continues upward at same rate (6) To the extent that Property is not sold by Auction and PRC disposes of Property in a commercially reasonable manner (see "Method of Selling Property" section), including but not limited to, sending to a charity, recycling center, landfill, or scrap metal processor, Owner understands and agrees to the following. (a) When Property is not sold by Auction, PRC disposition activities create additional PRC processing costs (the "Disposal Costs") and potentially a disposition Sales Price (the "Disposition Proceeds"). (b) Disposal Costs include, but are not limited to, labor cost of reloading Property onto a truck, labor and vehicle costs associated with transporting Property for disposition, and third-party fees, such as landfill, recycling and hazardous material disposal fees. (c) Disposition Proceeds include, but are not limited to, a Sales Price obtained for scrap metal. (d) PRC will bear the burden of Disposal Costs. (e) PRC will retain Disposition Proceeds, if any, as an offset to Disposal Costs, except if Disposition Proceeds for an item of Owner Property exceed $250, in which case PRC will credit Owner a portion of Disposition Proceeds per "The Split" and "Example" above. b. Large- Items. (1) Sales Price, Processing Costs and Net Proceeds. Calculated in a manner directly analogous to Portable Items. (2) The Split. For each Large-Item of Property, Owner will be credited with a percent of the Winning Bid which varies according to the Large-Item service option employed. (a) Gold. Owner will be credited with 95% of the Winning Bid and from this amount, the Owner's pro rata share of the Processing Costs, if any, will be deducted. PRC will charge Buyer a 15% Buyer's Premium. (b) Platinum. Owner will be credited with 70% of the Winning Bid less any title pass-through fees from PRC partner. Large-Item Example. Assume aLarge-Item sells at auction for a Winning Bid of $1,000.00, and with no shipping or handling charges yields a $1,000.00 Sales Price. For the Silver, and Gold options, PRC collects and retains a 15% Buyer's Premium, $150.00 (0.15 x $1,000), from Buyer. With regard to collecting the Sales Price and sharing proceeds, the approach differs by option: Gold. PRC completes the sale by collecting the $1,000.00 Sales Price from Buyer. The underlying Winning Bid is shared 95%by Owner, $950 (0.95 x $1,000) and 5%by PRC, therefore 4 of 7 PROPERTY DISPOSITION SERVICES AGREEMENT a 3% ($30.00) Credit Card Cost is split 95%by Owner, $28.50 (0.95 x $30) and 5%by PRC, $1.50 (0.05 x $30). The Owner's Net Proceeds are $921.50 ($950.00 less $28.50). Platinum. PRC complete the sale as described in Gold, but with a 70-30 Split and with a deduction of any title acquisition pass-through fees. Payment Terms. Once every month, PRC will pay to Owner the amount of Owner's Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold. With each payment of Owner's Net Proceeds, PRC will make available to Owner a detailed report setting forth the following information for the immediately preceding month: a. The completed sales during the prior month, including the total amount of related proceeds collected, Owner and PRC share of Processing Costs, and the Owners Net Proceeds; b. Other dispositions of Property during the month; and c. The Property, if any, inventoried by PRC at the end of the month PropertyRoom's Obligations Concerning Property in Its Possession. With respect to Property in PRC's possession: a. PRC will exercise due care in the handling and storage of any Property; b. PRC shall keep the Property free of liens, security interests, and encumbrances, and shall pay when due all fees and charges with respect to the Property; c. PRC shall sign and deliver to Owner any UCC-1 financing statements or other documents reasonably requested by Owner; and d. PRC shall obtain and maintain insurance in an amount (determined by PRC) not less than the replacement value of Property in its possession. The insurance will cover the Property against fire, theft, and extended coverage risks ordinarily included in similar policies. PRC shall give Owner a certificate or a copy of each of the above upon Owner's request. Owner Obligations. Owner will use its best efforts to provide to PRC such Property as becomes available for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of the item of Property to PRC, including a written manifest or list that describes the item of Property in sufficient detail for identification. Owner agrees that it will not provide Property that is illegal or hazardous, including but not limited to explosives, firearms, counterfeit or unauthorized copyrighted material ("knock-offs"), poisons or pharmaceuticals. In addition, to help comply with public notification statutes as well as to support Internet traffic flow to the PRC auction website, Owner agrees to place a permanent clickable link (the "Link") to www.ProperryRoom.com onone or more Owner websites. PRC will supply Link technical requirements, text and images to Owner. 9. Restrictions on Bidding. PRC and its employees and agents may not directly or indirectly bid for or purchase auctioned Property on the PRC web site. 10. Representations and Warranties of Owner. Owner hereby represents, warrants and covenants as follows: a. Property delivered to PRC is available for sale to the general public without any restrictions or conditions whatever; and b. Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title to the Property to Buyers (the "Conditions Precedent"). 11. Books and Records. PRC will keep complete and accurate books of account, records, and other documents with respect to this Agreement (the "Books and Records") for at least three (3) years following expiration or termination of this Agreement. Upon reasonable notice, the Books and Records will be available for inspection by Owner, at Owner's expense, at the location where the Books and Records are regularly maintained, during normal business hours. 12. Indemnification. Subject to the limitations specified in this Indemnification section of this Agreement, each parry will indemnify, hold harmless and defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities, whether joint or several, expenses (including reasonable legal 5 of 7 PROPERTY DISPOSITION SERVICES AGREEMENT fees and expenses), judgments, fines and other amounts paid in settlement, incurred or suffered by any such person or entity arising out of or in connection with a. the inaccuracy of any representation or warranty made by the party hereunder, b. any breach of this Agreement by the party, or c. any negligent act or omission by the party or its employees or agents in connection with the performance by the party or its employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the direction of the other parry. 13. Limitations on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIl'ATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 12. LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT LIMITED UNDER THIS AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNERS FAILURE TO SATISFY TIMELY ALL CONDITIONS PRECEDENT. 14. Assignment. This Agreement may not be assigned, in whole or in part, by either of the parties without the prior written consent of the other party (which consent may not be unreasonably withheld or delayed). Notwithstanding the foregoing, an assignment of this Agreement by either party to any subsidiary or affiliate or a third parry acquisition of all or substantially all of the assets of such party will not require the consent of the other party, so long as such subsidiary, affiliate or acquiring entity assumes all of such party's obligations under this Agreement. No delegation by PRC of any of its duties hereunder will be deemed an assignment of this Agreement, nor will any change in control nor any assignment by operation of law by either parry. Subject to the restrictions contained in this section, the terms and conditions of this Agreement will bind and inure to the benefit of each of the respective successors and assigns of the parties hereto. 15. Notices. Any notice or other communication given under this Agreement will be in writing and delivered by hand, sent by facsimile (provided acknowledgment of receipt thereof is delivered to the sender), sent by certified, registered mail or sent by any nationally recognized overnight courier service to the addresses provided on the signature page of the Agreement. The parties may, from time to time and at any time, change their respective addresses and each will have the right to specify as its address any other address by at least ten (10) days written notice to the other parry. 16. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 17. Complete Agreement. This Agreement and any related documents delivered concurrently herewith, contain the complete agreement between the parties relating to the subject of this Agreement and supersede any prior understandings, agreements or representations by or between the parties, written or oral, which may be related to the subject matter hereof in any way. 18. Attorneys' Fees and Legal Expenses. If any proceeding or action is brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or 6 of 7 PROPERTY DISPOSITION SERVICES AGREEMENT conditions of this Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which will be fixed by the court, and will be made a part of any judgment rendered. 19. Further Assurances. PRC and Owner will each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, services and activities contemplated by this Agreement and to account for and document those activities. 20. Governing Law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to obj ect to the venue. 21. Relationship of the Parties. The relationship created hereunder between Owner and PRC will be solely that of independent contractors entering into an agreement. No representations or assertions will be made or actions taken by either party that could imply or establish any agency, joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of this Agreement. Except as expressly provided in this Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person or entity. Whenever PRC is given discretion in this Agreement, PRC may exercise that discretion solely in any manner PRC deems appropriate. 22. Force Majeure. Neither parry will be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond the parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of this Agreement. 23. Counterparts. This Agreement may be signed in any number of counterparts. 7 of 7 Addendum to Property Disposition Services Agreement This addendum is attached to and made part of The City of Delray Beach, Fl /the City of Delray Beach Police Department's Property Disposition Services Agreement dated (the "Agreement"). In the event of a conflict between the provisions of the main body of the Agreement and this Addendum, this Addendum will govern. The Agreement is modified as follows: Paragraph 8: Owner Obligations: The following is added to this Section: It is understood that the Propertyroom.com's Agreement is a Non Exclusive Agreement. Paragraph 12: Indemnification: The following is added to and Part of this Paragraph: It is understood that The City of Delray Beach's responsibility to indemnify, defend and hold harmless Propertyroom.com is governed by the monetary limits set forth in Florida Statue # 768.28. Paragraph 18: Attorneys' Fees and Legal Expenses: This Paragraph is deleted in its Entirety. Date for "Owner" Date for PropertyRoom.com Inc MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 8.T. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT NO.2 TO THE AGREEMENT/ECIVIS, INC. ITEM BEFORE COMMISSION The City Commission is requested to consider Amendment No. 2 to the Agreement with eCivis, Inc., to renew the agreement for one (1) year. BACKGROUND The City's current Agreement with eCivis for access to their grant search service expired on August 31, 2009. The proposed Amendment No. 2 would renew the Agreement for one (1) year with a significant decrease in pricing and the addition of the Tracking and Reporting Module, which will assist in tracking and reporting all of the City's ARRA grant opportunities. The proposed renewal price is $19,500 (previously $29,870) and includes: 1. Grant Research Module - stimulus and non-stimulus grant search capabilities for an unlimited number of City users 2. Community Based Organization (CBO) Access -access to the Grant Research Module (i.e., stimulus and non-stimulus grant search capabilities) for an unlimited number of local, non-profit users 3. Tracking & Reporting Module -this new module is expected to significantly reduce the amount of Staff time that is required during the City's annual audit while assisting with ARRA transparency requirements 4. One (1) day of on-site training and unlimited support and on-line training FUNDING SOURCE If approved, a budget transfer will be processed to allocate funding. RECOMMENDATION Staff recommends approval. AMENDMENT NO. 2 TO THE AGREEMENT WITH ECIVIS INC. DATED AUGUST 31, 2007 THIS AMENDMENT NO. 2 to the Agreement with eCivis Inc. is made this day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and ECIVIS, INC., ("eCivis") WITNESSETH: WHEREAS, the City and eCivis currently have an Agreement dated August 31, 2007 where eCivis provides the City access to a grants network; and, WHEREAS, the parties desire to amend the Agreement dated August 31, 2007 and the Amendment No. 1 dated August 29, 2008 to provide for a revised expiration date and contract amount. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revision. The Agreement is modified as follows: Product, Services, Details and Payment Terms. eCivis shall provide the following to the City: Amendment No. 2 to the Agreement with eCivis, Inc. Product Description of Services Details Price Grants Network: Federal State (if available) and Unlimited $4$50 9 , , - Research~~ Florida, Foundation °^^°°° ~^'i+h Agency users 8 Trod Enter rise ~ ~°~~ of nnci+° +roininn ,n,i+h „ni it g g~e-da $20 000 0 p r d , . License c+off onrl nnnnrnfi+ nrni inc +n ~~t° +r 0 T~I~oC° jAI +n +h° i is°rc ~~ ~ nr~nnrr~fi+ nrr~i mo nnr! in+°rnnl r~on i i rurvc°a g /i inl n++°nrlo°o\ aTCC~-rac~`rf innli ir!°c yn~-r,..v~~~u,.,a~ ~cqqa tF~A-tl-C~Yet ~~ - /loin+°nonn° onrl OOI+h Drnn°cc (lnlin° v~°n~ II lnla 10 ,,, ,, I , , ,,~ ,., Ind T ~ Tracking Trn T^II Cr°° e, ,nn„r+ Peak $7,500.00 and Reporting Level of Open Award Grant D°nr~r+inn ~nrl One Onsite Training ~ ""''tea a-ns+~e~ Drn~J V°or_Gnrl D°nnr+ D°rfnrmonn° ~"3 000 00 Imnl°m°n+n+ir~n nAnnnn°m°n+ nnr! C"nli in+ir~n . Product Training D nr+ 4n+inn Dlon (Research n°.,°I„nm°n+ days Knowledgebase or T&R) CBO Access Community Based organization , ,~~ $4-0;99 and Non-Profit Access t+se~s Included Unlimited access for nonprofits within customer boundaries Discounts ($3,000 product training $1( 1,000) discount, $5,500 bundled product discount, $2,400 continuing client discount) Total c, ,,.,.°~~f, it (~rnn+o Drr~r~rnm ~ Qua Q~n n ~4 nl°+~ 8 °~°~r $19,500.0 Troivc 0 Delray Beach, FL Pricing Amendment No. 2 to the Agreement with eCivis, Inc. 1. Fees: Payment shall be for one year commencing 9/1/2009 through 8/31/20010. $19,500.00 due 9/1/2009, net 30 days. Subscription fees are charged up-front; no refunds or credits will be given upon cancellation. Additional fees may apply if the City decides to re-subscribe at a later date. Should the City cancel this agreement due to a documented, material and unavoidable breach of this contract by eCivis, eCivis may, at its sole discretion, provide apro-rata credit or refund to the City. City must provide written notice of cancellation and cause 30 days in advance, and work in good faith with eCivis to cure any breach. Onsite training to be completed within 60 days of contract start date and will be scheduled to meet the City's needs and in accordance with eCivis policies. eCivis shall provide account access for all users within 48 hours ~s of the Customer furnishing eCivis with a list of users. 2. Term and Renewal. This Agreement shall be for a period of one year commencing on 9/1/09 and expiring on 8/31/010, unless renewed by mutual consent. 3. Full Force and Effect. All other terms and conditions of the License Agreement not expressly modified by this Amendment No. 2 thereto remain in full force and effect. 4. Effective Date of Amendment No. 2 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being September 1, 2009. 3 Amendment No. 2 to the Agreement with eCivis, Inc. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be duly executed this day of ATTEST: City Clerk 2009. CITY OF DELRAY BEACH, FLORIDA By: Approved as to form: City Attorney WITNESSES: Print Name: Nelson S. McDuffie, Mayor ECIVIS, INC. By: Print Name:_ Title: Date Signed: Print Name: 4 GRANTS NETWORK MASTER LICENSE AND SERVICE AGREEMENT Date 9/18/09 Contract No. 1943 This Agreement is made by and between: eCivis, Inc., a Delaware corporation ("eCivis") 3452 East Foothill Blvd, Floor 9 Pasadena, CA 91107 Phone: (626) 204 - 5351; Fax: (626) 628-3232 Sales Contact: Amy Driver and City of Delray Beach, FL ("Customer") 100 N W 1st Ave Delray Beach, FL 33444 Phone: (561) 243-7144 Principal Contact and Master Access Holder: Rich Reade, Interim Public Information Officer This Agreement, and the Exhibits attached hereto, set forth the business relationship between the parties and the terms and conditions under which the following products are licensed and services are provided to Customer; and supersedes all previous agreements between eCivis and Customer. GN: Research -Enterprise License Federal, State (if available), and Foundation 1 $ 20,000 $ 20,000 GN: Tracking & Reporting 2.0 -Peak Grants Peak Level of Open Awarded Grants 10 $ 750 $ 7,500 GN: Community Based Organization (CBO) Access Unlimited access for nonprofits within customer boundaries 1 Included Product Sub-Total $ 27,500 GN: Product Training (Research/Knowledgebase or T&R) Onsite Training (days) 1 $ 3,000 $ 3,000 Product Training Discount Silver Client Discount $ (3,000) Services Sub-Total $ - Bundled Product Discount $ (5,500) Continuing Client Discount $ (2,500) TOTAL PRICE $ 19,500 Subscription Period(s) and Payment Terms The Subscription Period of this Agreement will conclude 8/31/2010. Payment due net 30 days of invoice date. Cycle 1: 9/1/2009 through 8/31/2010 for a price of $19,500 Year-to-Year: This agreement will be eligible for renewal for extended one-year periods through mutually agreed upon purchasing vehicle executed before the expiration of the original term listed above. No guarantees are made as to rate, access, or included services within this agreement. Purchasing vehicles executed after the termination date of this agreement are subject to then-current retail rates for all services provided. Accepted By: Customer By: Name: Title: Date: DISCOUNT IS ONLY VALID IF CONTRACT IS SIGNED ON OR BEFORE: SEPTEMBER 25, 2009 (Authorized Signature) (type or print) ^ Send invoice to (if different than address above): Address Accepted By: eCivis, Inc. Y By: =K (Authorized Signature) Name: Sergio Del Olmo (type or print) Title: Director of Client Services Date: 9/18/09 Dept eCivis Contract v20070803 Page 1 of 4 Page 2 of 4 Terms 8~ Conditions 1) General. a) "Customer" shall mean the end-user customer organization, entity, or individual executing this Agreement. b) "Access Holder" shall mean each individual who is an employee of or officially working on behalf of Customer at the time such individual accesses and/or uses Grants Network. If Customer is licensing the Grants Network: Community Based Organization Module (also referred to as the "CBO" Module) pursuant to this Agreement, then "Access Holder" shall also mean each individual who is an employee of an approved non-profit organization pursuant to the CBO Module. c) "Grants Network" shall mean the Products and Services as listed on page 1 of this agreement. d) "Licensed Modules" shall mean the Modules that are licensed by Customer herein pursuant to the Fee Schedule set forth on the cover page attached hereto. Customer acknowledges and agrees that eCivis is not obligated, but reserves the right, to make daily, weekly, monthly, or yearly updates to the Modules. e) "Stated Version" shall mean the version of a Module notated herein by the first number after the Module name (e.g., "Grants Network: Research 4.1", "GN: Tracking & Reporting 1.2", etc.). f) "Version Release" shall mean the most current software available within a given Stated Version of a Module, notated herein by the number that follows the Stated Version number and decimal point (e.g., "Grants Network: Research 4.1 ", "GN: Tracking & Reporting 1..2", etc. ). 2) Grant of License. a) In consideration of Customer's agreement to abide by the terms and conditions of this Agreement, eCivis hereby grants Customer a nonexclusive, nontransferable, right and license to: i) permit each Access Holder to access and use the Licensed Modules; and ii) reproduce, display, distribute, printout, and store information retrieved from the Licensed Modules, whether in electronic or written form, only for internal use within the Customer organization or entity in connection with Customer's normal business activities. b) Provided, however, that except as specifically provided in Section 2(a) or elsewhere in this Agreement, neither Customer nor any Access Holder shall use, reproduce, distribute, store, modify, reuse, rent, sell, lease, sublicense, transfer, or broadcast, in any form, information from Grants Network (each an "Unauthorized Use"). Customer agrees to take all reasonable steps to protect the information in Grants Network from any such Unauthorized Use. eCivis reserves all rights not expressly granted to Customer. c) If Customer participates in any Unauthorized Use of the information from Grants Network or allows access to or use of Grants Network by individuals who are not Access Holders as defined in Section 1(b) above, eCivis may immediately terminate this Agreement without refunding Customer any fees and without releasing Customer from any obligations to pay fees pursuant to this Agreement and/or any other agreement with eCivis, in addition to other remedies eCivis may obtain. d) Customer also acknowledges and agrees that immediate and irreparable damage will result to eCivis if Customer fails or refuses to comply with this Section 2 and, notwithstanding any election by eCivis to claim damages from Customer as a result of such failure or refusal, eCivis may, in addition to any other remedies and damages available, seek an injunction in a court of competent jurisdiction to restrain any such failure or refusal by Customer to perform or comply with its obligations hereunder. 3) Passwords. Customer agrees to assume sole responsibility for the security of any password(s) issued to each Access Holder. If Customer believes that someone other than an authorized Access Holder is using any password, Customer must immediately notify eCivis in writing. 4) Fees. a) Invoiced Sales: eCivis will charge, and the customer agrees to pay, the Fees. Full payment shall be made to eCivis as specified in page 1, section "Terms and Payments", of this agreement. eCivis will charge the customer a late fee at the rate of 1.5 % per month if payment is not received within these specified terms. Cancellation of any subscription will not result in any refund or credit of fees already paid and any additional payments remain due according to pre-determined terms. Subscription fees are charged up-front and no refunds or credits will be given upon cancellation. Additional fees may apply if the customer decides to re-subscribe at a later date. b) Online Sales: eCivis will charge the credit card provided, and the customer agrees to pay, the Fees. Cancellation of any subscription will not result in any refund or credit of fees already paid and any additional payments remain due according to pre-determined terms. Subscription fees are charged up-front and no refunds or credits will be given upon cancellation. Additional fees may apply if the customer decides to re-subscribe at a later date. i) Subscriptions purchased online will automatically renew at the end of the payment term. Customers will be notified by email seven calendar days prior to charging the account provided and may cancel their auto-renewal by contacting eCivis Client Services at (877) 232-4847 option 2, up to one business day prior to the auto-renewal date. ii) As communications regarding online subscriptions will be handled via email, it is the access holder's responsibility to maintain accurate account information, including valid email contact, in the "My Account" section of Grants Network. c) In consideration of training services and any other services provided at Client location or locations other than eCivis offices, the following requirements shall apply: i) Customer will reimburse eCivis at cost for fees for travel and associated expenses for services provided at Customer location or locations other than eCivis offices. ii) Customer and eCivis shall schedule on-site provision of services at least twenty-one (21) days in advance, for any cancellation, re-scheduling, and/or changes made by Customer within twenty-one (21) days of scheduled service delivery, Customer will be responsible for 75% cancellation/change fee and 100% of all previously scheduled and unchangeable travel and materials expenses, billed at cost. d) For Customers licensing module(s) including Grants Network: Tracking & Reporting: i) The Peak Grants Level is determined by Customer and eCivis upon inception of the license. The Peak Grants Level is the maximum number of awarded grant instances within all of Customer's projects ("Grants") with a status other than "closed". For example, "Peak Grants Level 50" will include up to 50 simultaneous open awarded grant instances throughout Customer's active projects. ii) Should the client exceed the Peak Grants Level during the term, overage fees will be calculated as the Per Grant Overage Fee ($1200/year) multiplied by the number of grants over and above the licensed Peak Grants Level. Fees will be pro-rated through the end of the then-current term. Customer shall pay to eCivis within thirty (30) days notice the lesser of: (a) the overage fees as calculated above; or (b) the pro-rated fee for the Peak Grants Level including enough grants to cover Customer's usage according to eCivis' then current published fees, in which case Customer shall be deemed to have licensed such higher Peak Grants Level for the rest of the then-current term. e) eCivis will charge Customer a $200 fee if a scheduled training session is changed within 14 days of mutually agreed upon start date. eCivis Contract v20070803 Document2 Page 3 of 4 5) Updates. a) Customer acknowledges and agrees that eCivis is not obligated to, but reserves the right to, provide Customer with any Version Releases for the Licensed Modules. Any Version Releases furnished to Customer shall be considered part of the Licensed Modules and shall be licensed to Customer subject to the terms and conditions of this Agreement. b) Additionally, Customer acknowledges and agrees that only the Stated Versions of the respective Licensed Modules, as recited on the cover page attached hereto are licensed herein. eCivis is not obligated, but reserves the right, to create new modules, additional releases, or new services (collectively "New Modules") not specifically outlined herein. Customer has not licensed any such New Modules, however, Customer may license such New Modules pursuant to a written agreement executed by the parties. 6) Grants Network Access. a) eCivis shall use commercially reasonable efforts to provide Grants Network with an available up time of 99.0% or greater, twenty-four (24) hours a day, seven (7) days a week (excepting reasonable and limited downtime due to routine maintenance). In the event that Grants Network is disabled for any reason for longer than sixty (60) minutes during normal business hours (5 a.m. to 7 p.m. PST), eCivis shall notify Customer of the existence of such problem and use all commercially reasonable efforts to restore Grants Network as soon as reasonably practicable. b) eCivis shall use commercially reasonable efforts to schedule downtimes for system maintenance during non-business hours (after 7 p.m. and before 5 a.m. PST) and notify Customer at least twenty-four (24) hours in advance of such scheduled downtimes. Customer, however, shall be responsible for preparing for scheduled downtimes by retrieving any necessary data, including without limitation Customer Data (as defined in Section 7 below), which may not be available during the downtime. 7) Proprietary Protection. a) As between Customer and eCivis, eCivis (or eCivis' third-party supplier if applicable) shall be the sole owner(s) of all right, title, and interest in and to any and all information in Grants Network that is provided to or accessed by Customer pursuant to this Agreement, including but not limited to any adaptations or copies thereof and any intellectual property rights embodied therein. The information in Grants Network is subject to protection under U.S. and foreign copyright and patent laws. Except as expressly provided for in this Agreement, nothing herein shall be construed as conferring any license or other rights, by implication, estoppel, or otherwise, under any copyrights, patents, or proprietary information of eCivis. b) It is eCivis' practice to place copyright notices and/or other proprietary legends in report forms and data provided to Customers. Customer, including each Access Holder of Customer, shall provide for the reproduction of such notices and legends in the form and manner in which they appear. 8) Customer Data. a) As between Customer and eCivis, Customer shall be the sole owner of all right, title, and interest in and to any and all information input by Customer into Grants Network ("Customer Data"), including but not limited to any adaptations or copies thereof and any intellectual property rights embodied therein. Except as expressly granted in this Agreement, nothing herein grants or shall be construed as conferring any license or other rights, by implication, estoppel, or otherwise, under any copyrights or proprietary information of Customer. b) Customer shall be responsible for ensuring that the Customer Data is uncorrupted. eCivis shall not be responsible for Customer Data that was corrupted upon input into Grants Network. c) Customer shall be responsible for determining whether Grants Network produces the desired results. Customer is responsible for adopting reasonable measures to limit its exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay, errors, or omissions of or in Grants Network, or the results thereof, including without limitation examination and confirmation of data prior to use thereof, and identification and correction of errors and omissions. d) eCivis shall use commercially reasonable efforts to back-up and store Customer Data, however, Customer shall be responsible for maintaining its own locally accessible versions of Customer Data. e) eCivis shall use commercially reasonable efforts to protect the security and privacy of Customer Data. eCivis shall have access to data, user settings, information, and metadata within Customer Data for the purposes of providing support, research, customer assistance, development, or other purposes as determined by eCivis. f) Credit Card Data: eCivis partners with OpSource Billing for all credit card payments. OpSource Billing ensures that all cardholder data is stored securely in an encrypted format. Cardholder data is used solely for billing for the eCivis service and is not used for any other purpose. No credit card data is captured or stored in eCivis systems, but is solely managed through OpSource Billing. OpSource Billing has been certified to the highest level of security, Level 1, as defined by PCI DSS (Payment Card Industry Data Security Standard). 9) Access to Customer Data. a) During the term of this Agreement, Customer may request in writing copies of Customer Data from eCivis. eCivis shall provide Customer with such Customer Data in a format determined by eCivis and upon payment of a fee as determined by eCivis from time to time. b) eCivis shall not have any obligation to maintain or provide access to Customer Data after termination of this Agreement. 10) Help Desk. eCivis shall maintain a help desk to provide technical assistance regarding access to and use of Grants Network. Such telephone assistance shall be available Monday through Friday from 9 a.m. to 5 p.m. PST, subject to planned or uncontrolled interruptions, and excluding eCivis holidays. The help desk may also receive reports of technical difficulties associated with the eCivis Internet site. Such assistance and any training provided by eCivis are intended to relate to technical aspects of use of the eCivis Internet site and Grants Network. eCivis does not hold itself out as providing expert computer advice and does not give personalized grant advice. 11) Customer's Duty to Indemnify. Customer agrees to indemnify and hold eCivis, its managers, members, officers, employees, harmless from and against any loss, claim, demand, cause of action, judgment, proceeding, debt liability, damage, cost, or expense (including court costs and attorney fees) incurred as a result of Customer's use or nonuse of Grants Network. 12) eCivis Duty to Indemnify. If a third party claims that any use of Grants Network or the information provided therein (other than Customer Data) infringes any U.S. patent, copyright, or trade secret, eCivis will defend and hold harmless Customer and Customer's Access Holders against such claim at eCivis' expense, provided that Customer: (a) notifies eCivis in writing within fifteen (15) business days of being advised of the claim; and (b) allows eCivis to control, and cooperates with eCivis in, the defense of such claim and any related settlement negotiations. If such a claim is made or appears possible, eCivis may, in its sole discretion: (a) secure for Customer the right to continue to use Grants Network; (b) modify or replace the information in Grants Network with equivalent, non-infringing information; or (c) terminate this Agreement. THIS PARAGRAPH STATES eCIVIS' ENTIRE OBLIGATION WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. 13) Limitations. eCivis shall employ due care and attention in obtaining and maintaining the information in Grants Network. Customer acknowledges, however, that any collection and compilation of data entails the potential for human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, Customer acknowledges and agrees that THE INFORMATION FROM OR THROUGH GRANTS NETWORK IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY eCivis Contract v20070803 Document2 Page 4 of 4 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). eCIVIS' SOLE AND ENTIRE LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, OTHER THAN STATED IN SECTION 11 HEREOF, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). IN NO EVENT SHALL eCIVIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LITIGATION, OR THE LIKE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GRANTS NETWORK PROGRAM, THE DELAY OR INABILITY TO USE THIS eCIVIS SITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES THAT ARE OBTAINED OR ACCESSED FROM GRANTS NETWORK, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN eCIVIS AND CUSTOMER. eCIVIS WOULD NOT PROVIDE GRANTS NETWORK WITHOUT SUCH LIMITATIONS. SOME OF THE INFORMATION IN GRANTS NETWORK IS PROVIDED BY THIRD PARTIES. THEREFORE, eCIVIS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IS ERROR-FREE, PROBLEM-FREE, OR WITHOUT OTHER LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, AVAILABILITY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF ANY OF THE INFORMATION PROVIDED IN GRANTS NETWORK. Customer further acknowledges and agrees that: (a) eCivis is not agrant-writing firm; (b) eCivis does not warrant or represent that use of Grants Network will result in any grant acquisition; and (c) Grants Network may not include all available federal and state grants or all potential data on the grants provided. Customer agrees to always read the full original grant notice provided. 14) Default. If Customer breaches or defaults with respect to any terms or provision of this Agreement or any other agreement with eCivis, and fails to cure the same within fifteen (15) after written notice thereof, eCivis may, in its sole discretion, terminate this Agreement. eCivis reserves the right, with or without notice, to suspend access to and/or use of Grants Network in the event of any Unauthorized Use, or any Customer delinquency, breach, or default under this Agreement, and delete all Customer Data, personal information and settings associated with an Access Holder during such suspension, in which case such Customer Data, personal information and settings will be unrecoverable. 15) Force Maieure. eCivis shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of eCivis, including, but not limited to, equipment or telecommunications failure, labor dispute, accident, flood, other natural disaster, embargo, war, terrorism, order or interference by civil or military authorities, whether legal or defacto, or failure of any third party to perform any agreement with eCivis that adversely affects eCivis' ability to perform its obligations hereunder. 16) Assignment. This Agreement shall bind and inure to the benefit of eCivis and Customer, and their permitted successors and assigns. eCivis shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract or operation of law without Customer's consent. Customer shall not have the right to assign, by contract, operation of law or otherwise, this Agreement or any of the rights, interests, or obligations hereunder without the prior written consent of eCivis. A successor in interest by merger, operation of law or purchase of the assets or entire business of Customer or otherwise shall not acquire all or any portion of Customer's interests hereunder without the prior written consent of eCivis. 17) Entire Agreement: Amendment. This Agreement constitutes the entire and exclusive agreement between eCivis and Customer with respect to the subject matter hereof and supersedes and cancels all previous agreements and understandings, whether in oral or in writing, with respect to such subject matter, and may not be amended, altered, or modified except by a written agreement executed by duly authorized representatives of the parties hereto. 18) Waiver. The failure of either eCivis or Customer at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same. No waiver by any party hereto of any condition, or the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, representation, or warranty of this Agreement. 19) Governing Law. This Agreement shall be governed by and interpreted under the laws of the state of California, without reference to conflict of laws principles. Except as provided in Section 2(d) of this Agreement, each party hereto consents to the exclusive jurisdiction of either the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California for purposes of any action brought under or as the result of a breach of this Agreement, and each party waives any objection thereto. The parties hereto each further consent and agree that the venue of any action under or as a result of a breach of this Agreement shall be proper in either of the above-named courts and they each waive any objection thereto. 20) Independent Status of Parties. Nothing in this Agreement may be construed to constitute either party hereto as agent for, or partner of, the other party hereto. Neither party hereto has the right to bind the other party hereto, transact any business in the name or on behalf of the other party in any manner or form, or to make any promise or representation on behalf of the other party hereto. 21) Severability. In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision; provided, however, the parties shall negotiate in good faith to replace any ineffective, unenforceable or illegal provision with an effective replacement as soon as practical, such that the economic effect of this Agreement, as between eCivis and Customer, remains the same or as nearly the same as possible. 22) Attorneys' Fees. If any action, suit, arbitration or other proceeding is instituted to remedy, prevent or obtain relief from a default in the performance by any party to this Agreement of its obligations under this Agreement, the prevailing party shall recover all of such party's reasonable attorneys' fees incurred in each and every such action, suit, arbitration or other proceeding, including any and all appeals or petitions wherefrom. [Signatures provided on cover page of this Agreement or via acceptance of these terms as part of an online purchase] eCivis Contract v20070803 Document2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.U. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT NO.2 TO THE AGREEMENT/COASTAL COMMERCIAL GROUP, LLC. ITEM BEFORE COMMISSION Attached is an amendment between the City and Coastal Commercial Group, LLC which provides for a five year extension of the Agreement as well as the removal of the right of Coastal to terminate the Agreement. BACKGROUND The City entered into an Agreement with Coastal Commercial Group, LLC on October 1, 2008, where they would provide consultant services in order to secure a buyer for the Old School Square retail space that is located on the first floor of the Old School Square parking garage. The Agreement provides that the City has the right to renegotiate the contract for one or more extensions. The Commission previously approved an extension until September 30, 2009. Based on the recommendation from the City's outside bond counsel, we would like to amend the agreement to provide that it is extended for a period of five years (September 30, 2014) and the provision allowing Coastal to terminate the agreement upon 30 days notice is removed. RECOMMENDATION Staff recommends approval of Amendment No. 2 to the Agreement with Coastal Commercial Group, LLC. AMENDMENT NO. 2 TO THE CONSULTING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COASTAL COMMERCIAL GROUP, LLC THIS AMENDMENT NO. 2 entered into this day of , 200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and COASTAL COMMERCIAL GROUP, LLC (hereinafter referred to as Consultant), provides as follows: WHEREAS, the parties entered into an Agreement dated October 1, 2008 to provide for professional services in order to secure a buyer for the Old School Square Retail Space; and WHEREAS, the Agreement provides that the City shall have the right to renegotiate the contract for up to one (1) or more extensions; and WHEREAS, the parties have already extended this agreement for a period of six months and now wish to amend the Agreement to provide for an extension period of five years. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Recitals: The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification: The Agreement is hereby amended, in accordance with paragraph 6, to provide that it shall be extended for a period of five (5) years beginning upon the expiration of the extended term, which is September 30, 2009 and shall extend until September 30, 2014. Paragraph 6 is further amended to remove the ability of Consultant to terminate this Agreement. 3. Governing Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 4. Entire Agreement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: Print Name Print Name State of Florida County of Palm Beach 2009. CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor COASTAL COMMERCIAL GROUP, LLC By: The foregoing instrument was acknowledged before me this day of 2009, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 17, 2009 SUBJECT: AGENDA ITEM 8.V. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 INTERLOCAL AGREEMENT/CRA/SPONSORSHIP OF CITY TENNIS TOURNAMENTS ITEM BEFORE COMMISSION Staff requests Commission approval of an interlocal agreement between the City and the CRA for the sponsorship of City tennis tournaments. BACKGROUND The CRA has agreed to contribute $500,000.00 to the City in order to assist in the sponsorship of City tennis tournaments and to be a co-title sponsor for the International Tennis Championships tournament. The funds shall be given to the City within 30 days of the execution of this Agreement by both parties. RECOMMENDATION Staff recommends approval of the interlocal agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY -FOR SPONSORSHIP OF CITY TENNIS TOURNAMENTS THIS AGREEMENT is made this day of 200_ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"}, and the DELRAY BEACH COMMUNITY REDEVELOFMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY hosts tennis tournaments, including the International Tennis Championships, at its Tennis Stadium; and WHEREAS, the CRA desires to become a co-title sponsor with the CITY for this tournament; And WHEREAS, the tennis tournaments are held at the City's Tennis Stadium, which is located within the City's Community Redevelopment Area; and WHEREAS, the tennis taumaxnents attract numerous spectators to the Community Redevelopment Area who also patronize local businesses, which provides a beneficial economic impact to those businesses located within the Coxnrnunity Redevelopment Area; and WHEREAS, due to the beneficial economic impact of the tennis tournaments, the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Delray Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above. are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amount of Five Hundred Thousand and OOi100 Dollars {$500,000.00) to be a co-title sponsor for the International Tennis Championships toamament, and to share in the- attendant benefits of that sponsorship.. Such payment shall be made to the CITY within 30 days of the execution of this. Agreement by both parties. 3. The- term of this Agreement shall commence upon executian by both parties and shall terrnir~ate on September 30, 2,010. 4. This Lnterlocal Agreement shall be filed pursuant to the requirements of Section 163.01{11) of the Florida Statutes. 5. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreerxaent shall be in writing and executed by the parties. 6. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 7. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 8. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. z 9. This Agreement shall nat be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRA~' BEACH, FLORIDA City Clerk Approved as to Form: City Attorney Neslon S. McDuffie, Mayor ,~, A~TiTEST: CONIlViUNITY REDEVELOPMENT AGENCY Y- Diane Colonna, Secretary Howard Lewis, Chair STATE OF FLORIDA COUNTY OF PALM BEACH (SEAL) The foregoing instrument was acknowledged before me this day of 2flfl~ by , as (name of affzcer or agent, title of officer or agent), of {name of corporation acknowledging}, a (state or place of incorporation} corporation; on behalf of the corporation. He1She is personally known to me or has. produced {type of identification) as identification. Notary Public -State of Florida H:120061p600] 8 DBCRAIAGMT 20091ILA Tennis Sponsorships FY I U.doc By: 3 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.W. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT NO.2 TO THE INTERLOCAL AGREEMENT WITH THE CRA FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES ITEM BEFORE COMMISSION Commission is requested to approve Amendment No. 2 to the Interlocal Agreement between the City and the CRA, dated September 23, 2008 for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement. BACKGROUND Amendment No. 2 to the Interlocal Agreement provides for certain changes in CRA funding for certain projects. The funding is deleted for the Osceola Park and increased for the SW 2nd Ave./W. Atlantic Avenue signalization and SE/NE 5th and 6th Avenue Corridor projects. RECOMMENDATION Staff recommends approval of Amendment No. 2 to the Interlocal Agreement. AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTIONIPROFESSIONAL SERVICES THIS AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTIONIPROFESSIONAL SERVICES t"AMENDMENT"} is made this day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter '463, Florida Statutes (hereinafter referred to as the "CRA"}. WITNESSETH. WHEREA5, the CITY and the CRA entered into an Interiocal Agreement far the Funding of ConstrvctionlProfessional Services on September 23, 2008 (the "Origina[ Agreement"); and WHEREAS, on December 19, 2008 the CRA and the CITY entered into Amendment Number One to the Original Agreement in order to provide for funding for additional projects ("Amendment- Number One"); and WHEREAS, in addition to the projects identified in the Original Agreement, and in Amendment Number One, the CITY and the CRA desire to increase the funding for the SW 2"d Avenue Signalization Project, and the SEINE 5~' & 6~' Avenues (Federal Hwy Pairs,: US 1 Corridor) Project, as well as eliminate funding for the Osceola Park Project as provided in the list of projects contained in Exhibit "A" to this Amendment, which is attached hereto and incorporated herein by reference; and WHEREAS, the CITY and the CRA desire to amend Exhibit "A" to the Original Agreement, as amended by Amendment Number One in order to increase the funding for the SW 2`~ Avenue Signalization Project, and the SEINE 5~' ~ 6~" Avenues {Federal Hwy Pairs, US 1 Corridor) Project, and to eliminate the funding for the Osceola Park Project. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Exhibit "A" to the Original Agreement, as amended by Amendment Number One, in order to increase the amount of funding for the SW 2"d Avenue Signaiization Project from $211,fi0D to $214,80D, and to increase the funding far the SEINE 5~' ~ 6Eh Avenues (Federal Hwy Pairs, US 1 Corridor) Project from $36D,DDQ to $1.5 million, and to eliminate funding far the Osceola Park Project. 3. Exhibit "'A" to the Original Agreement, as amended by Amendment Number One, is hereby amended as provided in Exhilait "A", which is attached hereto and incorporated herein by reference. 4. All other terms and conditions of the Original Agreement, as amended by Amendment Number One not in conflict with this Amendment Number Two shall remain in full force and- effect. 1N WITNESS WHEREOF, the porkies hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: r, Diane Calonna, Executive Director (SEAL} STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA Nelson 5. McDuffie, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By~ ; Howard Lewis, Chair The foregoing instrument was acknowledged before me this day of , 2008, by , as {name of officer ar agent, title of officer or agent),. of {name of corporation acknowledging}, a {state or place of incorporation) corporation, an behalf of the corporation. He1She is personally known to me or has produced (type of identification} as identification. Notary Public -State of Florida By: 2 E~I~IT A .Fiscal Year 20D8-2009 Projec#s (~mend~meat #2) Pra'ect 1~ame . A~uoaa#-off BRA Funrlin A West Atlantic Avenue Beautification - SW/NW Avenue to SWINW 12~ Avenue $ 100,000.00 B Gatewa Feature (Public Art Pto'ect) $1,300,000.00 C Cultural Lao /IVILK Jr. Drive $ 200,000.00 D Blocks 19 & 20 Alleys $ 191,000.00 E SW I4 Avenue Beautification -Street &. Alle Tm rovements $ 560,000.00 1~ 9sseela-Iza~ $--~A9;A9~~9 G SW 2nd Ave/W Atlantic Ave Si alization $ x;698:58 $214,800.00 H USI & Dixie Connector Street $ 150,000.00 I SW 12 Avenue/Auburn Avenue Beautification hase - Alle Im rovements $1,500,000.00 J SE/NE 1~ Street Qne-Wa Pain Conversion $ 200,000.00 K SEINES & 6 Avenues S 1 Corridor - Desi $ 365;9888 $1,500,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 8.X. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT TO THE LICENSE AGREEMENT/TICKETMASTER, LLC. ITEM BEFORE COMMISSION City Commission is requested to approve an amended user license agreement with Ticketmaster L.L.C. for the sale of tickets for events at the Tennis Stadium. BACKGROUND Attached is a proposed amendment to our agreement with Ticketmaster for sale of tickets for events at the Tennis Stadium. This amendment was negotiated for the City by Match Point staff and although it does not generate revenue for the City, it will reduce costs for producers of the events in the Stadium. Highlights of the changes are as follows: . Convenience charges are lowered • Credit charges are reduced from 2.5% to 2.3% . Handling charges are increased from 2.5% to 2.95% . Eliminate account fee of $2.50 per account for subscription accounts RECOMMENDATION Staff recommends approval of the proposed amended licensed use agreement with Ticketmaster L.L.C. }~} r AMENDld1ENT TO LICENSED USER AGREEMENT THIS Af~IIENDMENT TO LICENSED USER AGREEMENT ("Amendment") is dated as of September _, 2009 and is effective as of the date of full execution by both parties (i6Effective Date"), by and between Ticketmaster L.L.C., a Virginia limited liability company ("Ticketmaster"), and the City of Delray Beach, a Florida municipal corporation ("Principal"), with reference to the following facts: A. Ticketmaster and Principal entered into that certain Licensed User Agreement dated as of Npvember 15, 1 X99, as amended from time to time (collectively, as amended, "Licensed User Agreement") whereby Principal authorized Ticketmaster to act as Principal's exclusive agent for the sale of all remote (e.g. on the Internet, at c~tlets and by telephone) Tickets to attend each of the Attractions upon the terms and conditions set forth in the Licensed User Agreement. B. Ticketmaster and Principal hereby desire to amend the Licensed User Agreement in certain respects a~, sit forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereby agree as follows: 1. Defined Term(s) ~ All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Licensed User Agreement. (a) Convenience Charge: The defined term "Customer Convenience Charge" is hereby deleted and replaced with the term "Convenience Charge" wherever such term appears in the Licensed User Agreement. ti (b) Processing Fee: The defined term "Handling Charge" is hereby deleted and replaced with the term "Processing Fee" wherever such term appears in the Licensed User Agreement. (c) New Definitions: The following new definitions are hereby added to the end of Section 1 of the Licensed User Agreement: "(m) Attraction Detail Page: A webpage on the TM.com Website where users begin their search for Tickets to an Attraction by requesting a quantity and section and that contains detailed information about a specific Attraction, including such information as the time and date of the Attraction, performer information, and pricing details. City of Defray Amend 09162009.do~ t. (n) Clickable Seat hFap Technolo9y: Functionality of the TIVt.com Website that permits consumers to search for and select specific seats and/or seating areas at select venues using a graphic seating map of such venues in connection with the purchase of Tickets to events at such venues. (o) Confirmation Page: A webpage on the TM.com Website that is shown once a Ticket purchaser has completed a Ticket purchase via Internet Sales and contains a confirmation number for the Ticket purchase. (p) Principal's VIr'ebsite: An Internet website(s) owned, operated and maintained by Principal. (q) TM.com Website: Any Internet websites owned, operated and maintained by Ticketmaster, including, without limitation, any co-branded versions and any version distributed through any broadband distribution platform or through any platform or device including television, broadband and wireless technologies." 2. Compensation. (a) Convenience Charge (Per Ticket: (i) Section 3(b) of the Licensed User Agreement shall be deleted in its entirety and replaced with the following: "(b) Convenience Charge (Per Ticket): Ticketmaster shall assess a Convenience Charge agains# purchasers of Tickets for Tickets to all Attractions sold by Ticketmaster. The amount of the Convenience Charge far each applicable category of Ticket sale shall be as follows: Face Value of Tickets Convenience Charges -Outlets, Internet Sales and Telephone Sales $12.00 and below $1.50 $12.01 to $20.00 $2.25 $20.01 to $30.00 $3.25 $30.01 to $40.00 $3.75 $40.01 and above $4.25 The Convenience Charges set forth above shall be effective as of the Effective Date of this Amendment. 1 During the Term of the Licensed User Agreement, Ticketmaster shall be entitled to annually increase the Convenience Charges set forth above for Tickets with a Face Value of $12.01 and above in the amount of $0.25 per Ticket." City of C7elray Amend 09162009.doc (ii)i Exhibit 2 of the Licensed User Agreement shall be deleted in its entirety. (b) Credit Card Sales: Section 3(c) of the Licensed User Agreement shall be deleted in its entirety and replaced with the following: "(c) Credit Card Sales: Principal herby authorizes Ticketmaster to accept American Express, MasterCard, Visa, Discover and Diners Club charges (and any other credit card, debit card or other electronic method of payment and membership/loyalty program reward points backed by those program sponsors whom Ticketmaster in its reasonable discretion chooses to authorize as a method of payment and which may hereafter be approved by Ticketmaster) in connection with sales of Tickets purchased from Ticketmaster with credit cards. Ticketmaster agrees to absorb the credit card company charge relative to tl~ Convenience Charge and Processing Fee. Principal agrees to absorb the credit card company charge relative to the Face ~~ Value of Tickets sold using such credit cards in an amount equal to 2.30% of the Face Value of all Tickets purchased via Telephone Sales and Internet Sales, which percentage rate shall be deducted by Ticketmaster as an Inside Charge. With respect to Tickets sold via Outlets, the Convenience Charge will be adjusted to include the credit card company charge in an amount equal to 2.77% of the Face Val~{e of such Tickets, provided that the Convenience Charge will be rounded up to the nearest nickel. Such rates set forth above are subject to automatic increase due to increases to the interbank rates imposed on Ticketmaster." (c) Processing Fee (Per Order): Section 3(d) of the Licensed User Agreement shall be deleted in its entirety and replaced with the following: "(d) Processing Fee (Per Order): Ticketmaster shall assess a Processing Fee against purchasers of Tickets in the amount of $2.95 with respect to each order of Tickets ordered by Internet Sales and Telephone Sales. The Processing Fee may be increased from time to time consistent with Ticketmaster's processing fee for similar events at similar facilities and is subject to automatic increase equal to any increase (rounded up to the nearest $0.05) to the postal service rates." (d) Season and Subscription Accounts: Section 3(f) of the Licensed User Agreement shall be deleted in its entirety. For purposes of clarity, Principal shall no longer pay Ticketmaster a fee for the storage and maintenance of side accounts on the Tld1 System. 3. Telephone Sales. Section 5 of the Licensed User Agreement is hereby amended to add the following sentence to the end of such Section: 66Ticketmaster will ~ use commercially reasonable efforts to permit successful recognition of Principal's Attractions by consumers using IVR technology such that sales of Tickets to such Attractions may be effectively processed with use of such technology." 3 City of Delray Amend 09162009.doc 4. Branding. Section 13 of the Licensed User Agreement shall be amended to include the following as subsection (d): "(d) Branding on TM.com Website: Ticketmaster will "paint" the Attraction Detail Pages for the Attractions, and the Confirmation Pages for Attractions (collectively, "Custom Pages") on the Tle9.com Website which are presented to users who access the TfVi.com Website by linking directly from Principal's Website with Principal's branding and "look and feel", subject to co-existing and prominent top bar Ticketmaster branding on each of the Custom Pages and each party's reasonable approval of the "look and feel" thereof. For avoidance of doubt, whenever the term "look and feel" is used above, it means the coloring of the background modules and lettering on the Custom Pages and Principal's branding on the top bar of the Custom Pages. It does not mean the functionality or the layout on Custom Pages, as these must remain the same in order for the Software to function without extensive revisions. In addition, the Attraction Detail Pages for Attractions shall have one (1) space where Principal can include additional branding related to the Facility. Ticketmaster will make changes to the Custom Pages' look and feel at Principal's request not more than once every ix (6) months. Such changes will be subject to Ticketmaster's approval, which will not be unreasonably withheld, and Ticketmaster will require sufficient time to implement changes from a technical point of view. Ticketmaster will drop any branding provided to Principal pursuant to this Section when a user leaves the Custom Pages in deference to the rights of Ticketmaster's other clients." 5. Notices. Section 23(a)(i) of the Licensed User Agreement shall be deleted in its entirety and replaced with the following: "(i) If to Ticketmaster, at: Ticketmaster L.L.C. ^~~ 225 East Robinson Street Suite 355 ^ Orlando, FL 32801 Attn: Senior General Manager and: Ticketmaster L.L.C. 8800 Sunset Boulevard West Hollywood, CA 90069 ^ Attn: General Counsel" 6. Clickable Seat Technology. Once Ticketmaster completes beta testing of the Clickable Seat N1ap Technology and successfully deploys such functionality in connection with ticket sales for events at venues camparable to the Facility, Ticketmaster shall offer the Clickable Seat 1VIap Technology in connection with on-line Ticket sales for Principal's Attractions. 7. Conflicting Terms. In the event a cdttiflict arises betweep~ this Amendment and the terms and conditions of the Licensed User Agreement, the terms and conditions 4 Cify of Delray Amend 09162fl09.dac r1 ^ of this Amendment shall control. Except as specifically set forth herein to the contrary, all of the terms and conditions of the Licensed User Agreement are in full force and effect, shall continue in full force and effect throughout the term and are hereby ratified and confirmed by the parties. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth below. IC AST L.L.C., Virginia li t liability company y: Title: ate: :~~ ~ •~ C7 CITY OF DEI,RAY BEACH, a Florida municipal corporation By: Title: Date: ^ City of [?elray Amend 091620C}9.doc ~9 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 8.Y. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT NO. 1 TO THE CONSULTING AGREEMENT/LANGTON ASSOCIATES, INC./GRANT WRITING SERVICES ITEM BEFORE COMMISSION The Commission is requested to consider extending the Agreement with Langton Associates for grant consulting services related to American Recovery and Reinvestment Act (ARRA) funding opportunities. BACKGROUND The Federal American Recovery and Reinvestment Act (ARRA) has provided the City with numerous opportunities to apply for funding to develop and fund jobs, promote needed infrastructure construction, revitalize our economic and urban core, protect our environment and assist with public transit needs. To date, the City and our partners have been allocated/awarded, through existing discretionary/competitive and formula funding opportunities, approximately $3.3 million in Stimulus funding. Combined with other applications that are outstanding (submitted and being considered), the City of Delray Beach is potentially eligible to receive almost $27.635 million. The City has established a "Grants Team" that meets weekly in an effort to identify grant opportunities and work to secure grants that will benefit the City of Delray Beach. However, with the number of potential grant opportunities that are still available and the short turnaround time that has been experienced for the grant applications that have been previously applied, staff feels that continued grant writing assistance is needed. Under the attached Amendment to the original agreement, Langton Associates will provide the following services for twelve (12) months at a fee of $5,000 per month (previously $6,250 per month), for a total of $60,000: 1. Develop and maintain list of potential projects for grant programs identified in ARRA through a Team approach with City Staff 2. Gather information on each potential project 3. Gather information on grant program's Notice of Funding Availability (NOFA) as it becomes available via Grants.gov and agency websites 4. Refine project list for final grant targets Develop any and all grant applications (format to be determined by grant program's NOFA) 6. Submit any and all application via www.grants.gov or other authorized procedure FUNDING SOURCE If approved, funding will be allocated in the FY 09-10 budget. RECOMMENDATION Staff recommends approval. AMENDMENT NO. 1 TO THE CONSULTING AGREEMENT BETWEEN LANGTON ASSOCIATES AND THE CITY OF DELRAY BEACH FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 THIS AMENDMENT NO. 1 to the Agreement with Langton Associates, Inc. is made this day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and LANGTON ASSOCIATES, INC., ("Langton") WITNESSETH: WHEREAS, the City and Langton are committed to finding funding sources to help advance the City's interests; and WHEREAS, the City and Langton are desirous of amending the consulting agreement for personal services wherein Langton will develop a list of potential projects for grant programs identified in the American Recovery and Reinvestment Act of 2009 (ARRA). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revision. Paragraph 1 of the Agreement is amended to read as follows: Term. Langton agrees to develop a list of potential projects for grant programs identified in the American Recovery and Reinvestment Act of 2009 (ARRA) to City for a the term of ~} twelve (12) months commencing nn October 1, 2009, and ending September 30, ~9 2010, unless renewed by mutual consent of both parties in writing. 3. Paragraph 3 of the Agreement is amended to read as follows: Payment. In exchange for Langton performing these services as established herein and devoting agency time, City agrees to pay Langton the sum of y Sixty Thousand Dollars ($60,000.00) annually to be paid in °~~ eq~a-4 monthly installments of h^~an,~ T,^,^ ~"~~ inr~ror~ ~~f+., n„ii~,-~ Five Thousand Dollars ($5,000.00) per month. City agrees that payment herein shall be made monthly by the 10th day of the following month after the invoice rendered by Langton. In the event the Agreement is terminated, in accordance with Paragraph 5, no payments shall be due from the City beyond the date of termination. 3. Full Force and Effect. All other terms and conditions of the Consulting Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. 4. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being October 1, 2009. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed this day of , 2009. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Nelson S. McDuffie, Mayor 2 Approved as to Form: City Attorney WITNESSES: Print Name: LANGTON ASSOCIATES, INC. By: Print Name: Title Date Signed: Print Name: Reade, Richard From: Reade, Richard Sent: Thursday, September 17, 2009 11:49 AM To: Felicia Goldstein -Congressman Ron Klein - FL-22nd District; Josh Maddock -Congressman Ron Klein - FL-22nd Districtn -Congressman Ron Klein - FL-22nd District Cc: Harden, David; Smith, Douglas; Barcinski, Robert Subject: City of Delray Beach -Federal Stimulus Funding Request for Assistance & Support Attachments: Congressman Klein -Letter Requesting Support of City's ARRA Grant Applications - September 2009.pdf Good Morning Congressman Klein: I am writing to apprise each member of our federal legislative delegation team about the various American Recovery and Reinvestment Act (ARRA) grant opportunities (Approx. $27.635 million) that the City has recently applied for and/or has received (awarded/allocated) -See Attached and Below. The original letter requesting support of the City's ARRA grants will be forwarded to your office by mail today. In addition, the City of Delray Beach is formally requesting your assistance and support for four (4) recent discretionary/competitive and formula allocated community grant opportunities through ARRA to support the development of local jobs, enhance public safety, improve transportation and protect/revitalize our fragile neighborhoods and economic centers. Specifically, the City is requesting your support for the following Stimulus grant funded opportunities: Assistance to Firefighters Fire Station Construction Grants (SCG~ - Department of Homeland Security -Financial assistance to build a new fire station on Linton Boulevard (Station #3) to enhance response capabilities & protect from fire and fire-related hazards.- Discretionary/Competitive Funding Requested $3.5 million -Est. 350 Jobs -Submitted July 2009 Nei hborhood Stabilization Program 2 (NSP2,~ -Department of Housing & Urban Development - Created the Delray Beach/Boynton Beach NSP2 Consortium to provide financial mechanisms and assistance (i.e., 4% APR Mortgage, Soft Second Loans - 0% Loans that are forgivable, Property Purchase Assistance to Housing Authority Renters and Property Purchase Assistance for Land to ensure affordable homes in perpetuity) to encourage home ownership of foreclosed homes along with comprehensive community & infrastructure redevelopment improvements - Discretionary/Competitive Funding Requested $20,000,000 -Est. 120 Jobs -Submitted July 2009 Energy Efficiency and Conservation Block Grant (EECBG~ - Department of Energy -Financial assistance to support programs and/or projects (i.e., retrofit City facilities with programmable thermostats, motion detectors and energy efficient T-8 lighting, install solar to Fire-Rescue Headquarters in an effort to take facility off the ~~grid," replace all lighting fixtures and wiring at Pompey Park athletic fields) to achieve greater energy efficiency, lower energy usage and create/develop an ~~environmentally friendly culture" - Formula Allocated Funding Requested $638,500 - Est. 7 Jobs -Submitted August 2009 Transportation Investment Generating Economic Recovery Grant Pro ram TIGERS -Department of Transportation -Discretionary funding for improvements on US Federal Highway 1 and Martin Luther King Jr. Drive, which are in final design (i.e., signalization, installing wider sidewalks, lighting, adjacent park development, commemorative features and landscaping) to support the City's LEOPARD - Livable Economic Opportunities that Provide for a Revitalized Delray -project. The goal of LEOPARD is to ensure the sustainability of the City's economic and cultural redevelopment efforts through the current economic crisis and beyond and builds on earlier transportation improvements in the downtown area that assisted with the redevelopment of the economic urban core to a thriving, pedestrian friendly residential, retail and commercial district that supports numerous locally-owned (~~Mom & Pop") businesses alongside national chains - Discretionary/Competitive Funding Requested $8,235,000 -Est. 150 Jobs -Submitted September 2009 **Please note that the City's grant applications are not attached due to the size of the documents. If you require a copy of the submitted package, please contact me and I will provide in electronic format. Also, we, as a community want to thank you and your staff for all of your efforts in ensuring that the City of Delray Beach is provided ~~needed" z funding through the discretionary/competitive and allocation (formula) processes. We are proud to announce that, to date, the City and our partners have been allocated/awarded funds through existing formula funding for which we will be submitting applications for approximately $3.3 million in Stimulus funding opportunities -See Below: Community Development Block Grant (CDBG~ -Housing & Urban Development -Support infrastructure projects within low- and/or moderate-income areas -Formula Allocation Awarded $156,617 - July 2009 COPS Hiring Recover Program CHRP~ -Department of Justice - Funding to support six (6) sworn police officer positions for three (3) years - Discretionary/Competitive Funding Awarded - $1,360,164 -July 2009 Edward Byrne Memorial Justice Assistance Grant (JAGS. -Bureau of Justice Assistance - Funding to support the Police Department's Holiday Robbery Task Force, vehicle purchases and repair/reconfiguration of a driving simulator -Formula Allocation Awarded $289,582 -August 2009 Capital Assistance -Urbanized Formula Funding_ -Federal Transit Administration (FTA) -Palm Beach County submitted application to receive approx. $21,000,000 in formula allocated funds to support increased public transportation infrastructure and expedite the availability of additional transportation options within Palm Beach County. The County's application included the City of Delray Beach's Bus Shelters Project (20 Shelters) - Formula Funded $373,750 -Approved by the County Commission (04-21-2009) & Request to revise original Application to be submitted to FTA by Palm Beach County (Fall/Winter 2009) Palm Beach County Criminal Justice Commission - Edward B me Memorial Justice Assistance Grant JAGS -Submission of Letter of Inquiry to obtain funding to support Delray Beach Coalition of Community Renewal/Weed and Seed initiatives - Formula Allocation $100,000 -Submitted April 2009 3 Public Housing Capital Funds -Support projects by the Delray Beach Housing Authority -Formula Allocation $393,600 Combined, discretionary/competitive and formula funded opportunities, the City of Delray Beach is potentially eligible to receive almost $27.635 million in Federal Stimulus Funding to develop and fund jobs, promote needed infrastructure construction, revitalize our economic and urban core, protect our environment and assist with public transit needs. Should you and/or your Staff have any questions, do not hesitate to contact us. We want to thank you and your entire Staff for all your efforts to support our community. Have a great day! Richard J. Reade Interim Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E-Mail: reade@ci.delray-beach.fl.us Web: www.mydelraybeach.com Follow CityDelra Beach on Twitter Please consider the environment before printing this email. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 17, 2009 SUBJECT: AGENDA ITEM 8.Z. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 AMENDMENT NO.3 TO THE AGREEMENT/FORIDA HIGHWAY PRODUCTS, INC. ITEM BEFORE COMMISSION Approval/Authorization for the Mayor to execute Amendment #3 with Florida Highway Products, Inc. in the amount of $178,310.75 for the resurfacing of streets related to the installation of Area 11A of the Reclaimed Water System, P/N 2008-048. BACKGROUND With the completion of Area 11A of the Reclaimed Water System, the streets will now be resurfaced. The streets to be resurfaced include: Andrews Avenue, Beach Drive, Seaspray Avenue, Sandoway Lane, Laing Street, Sandpiper Lane, Harmon Court, Vista Del Mar Drive, Thomas Street, Seabreeze Avenue, Basin Drive, Luke Lane, NE 1st Street and NE 4th Avenue. The resurfacing will be completed as a contract amendment to the existing resurfacing contract the City has with Florida Highway Products, Inc. The cost estimate along with a location map is attached. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval. Florld~ Nlglwv Pradu g~ TO: Randal L. Krejcarek P. E. City of Delray Beach 434 SW Swinton Delray Beach, Fl. 33444 561-243-7299 Type of work: Flox _ _ T ~drects, Inc '117( Blvd. Ste '10'1 ~ '~ FL 34741 4~_ Fax: 407-5b6-4201 llate: 7/12/2009 Job Location:Delray Beach Salesperson: P. Carlisle Project Mgr: Est. Start Date: If applicable, see attached Street list Item t1 Description Estimated Quantity Units Unit Price Extended Price Mobilization 1 EA $ 3,500.00 $ 3,500.00 Micro Surface Treatment 41282.52 SY $ 3.59 $ 148,204.25 Leveling/Rut Fill 65 Tons $ 239.00 $ 15,535.00 $ - $ - $ - $ - $ - $ - Striping (see attached street list) 1 $ 11,071.50 $ 11,071.50 $ - $ - $ - $ - $ - Quotationprepared by: This is a quotation on the goods named, subject to the wnditions noted below: SUbtotal $ 178,310.75 (All material is guaranteed to e as specified. All work to be wmpeted in a workmanlike manner according to standard practices. All alterations or deviation from the above specifications involving extra vests will be executed only upon written orders, and will became an extra charge over the above proposal estimate. Our workers are fully wvered by workmen's compensation Insurance. This quote is valid for thirty (30) days. TOtal Bdsed Ori ESt. Qty S $ 17$,310.75 To accept this quotation, sign here and return: Note: This proposal may be withdrawn Thank you for considering Florida Highway Products, for your Pavement and Roadway Management needs. Page 1 of 1 w ^ ^ ~ a > ^ ^ z 0 LAKE IDA RD z a ~ ~ `~ `~ f E B I-95 0 D ~ E. ~ N 3 R T o Q NW 1ST. LTV ~~~~ ~ OEL AR ^^^^^^^ ~LJ~^~~ ~ Y ~ Q w Lei ~~~~~~ N 1~1~ REET ^ -o z cn n o ~ ~ ~ W. ATLANTIC AVE. ~ Z ~ w w = cn ~ w SW 1st ST ~ ~ J a ~ Q ~ ~ ~ m ~, s Z c ~ ~ ~ ~ ~ SW 2nd ST ~ ~ Oa W .o 0 U ~ > ~ ~ SW 3rd ST a Q o ~ .~ a~ ~ o ~ SW Ord ST 0 N ~ w a z Q O U E ~ ~ O o ~ ~ O I o Q I-95 ~ w Q J o ~ ~ ~ Q o ~ SW 10th ST ~ c~ o z - O ° U U O J O I 0 0 N U N O d 0 0 Q U ~~ CITY of DELRAY BEACH AREA 11A RECLAIMED DATE:09/01/2009 d ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 80UiH SWNiON AVBJUE, DELRAY BEACH, ROFl~A 3;1444 CONTRACT NO. 3 FILENAME 2008-048 ~ Of 3 t0 C O T '° O ~ N ON ¢ N N N L ~ - t0 ~ ~ U U ~ d d c o ;; O E ~ z .~ a G ~ Vi ~r 6 n I S Q I~ O O O O h 0 I~ M M O O O O M O 4'] O O O O O f0 I~ ~ O O O O Q W O O O O W N I~ O O Oa O O r ~D O O O ~D N O ~D I~ ~ O O O N M O 4'] ~F ~D O O O W M M 4'] O O O ~D N O) O O O ~D N ~F ~F O O aD O O Q? W O O N ~D h 0 0 ' I~ N N O ~F M O O Oi ~ O I~ O ~ Oi R M ~ I~ O N ~ C M W O N ~D C I~ W Oi O R O O ~ jp N d' O) M W b} O b} M b} N O Hj. 4 ] M P ~ ~- ~ ~ W ~ b} O O Hj. 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N ~ ~O O V7 V7 N M I~ C' m R N V7 C' W FA ~O ~- ~O FA I~ ~- h R N M h N h ~ ~ h I~ R R C' M N I~ O~ N In 0 Q h m m O W I~ FA f'! V W V7 I~ ~O W M ~ I~ 6g W ~ O A ' W ~ ~ c C' V7 ~ N ~= ~ ~ ~ ~ ~ ~ ~ tD' V7 N ~ ~ ~ ~ ~ c I~ ~ ~- ~ ~ p' V7 ~ ~ ~ tD' f0 _ _ .c J _ _ - _ s J - ~ _. :c J Q - - - J Q - _ ~ J Q ~ ~ ~ ~ ~ ~ ` ~ ` ~ ~ r, r, - _- J J J _ J 5i N _ ~ '~ '. ~ a' > s _ a' _ ~ s o ~ ~ Y z _'i n '.:. - ~ Y z z ~ m '' ~i `o N d MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 8.AA -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SPECIAL EVENT REQUEST/HALLOWEEN PARADE ITEM BEFORE COMMISSION City Commission is requested to approve the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 31, 2009 from 1:30 p.m. until approximately 2:30 p.m. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(F) for the rolling closure of Atlantic Avenue from NE 1St Avenue to Veteran's Park and staff support for traffic control, security and barricading. BACKGROUND Attached is an event permit for this event received from Mr. Vince Canning, as well as an event budget and site plan. We also have received a Certification of Liability Insurance and Hold Harmless Agreement. Participants will assemble at Old School Square and proceed to Veteran's Park. A rolling street closure will be provided by our Police staff as has been done in the past. Estimated staff costs for the event are $1,330. Per the new Event Policies and Procedures, the payment due to the City would approximately $247.50. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff assistance as requested. - - City of Delray Beach C I V ~ELRAY BFACF{ ~' ~ Special Event Permit SEA ~ n~~-~~~c~~ 2 2009 ~ r Application ? ADR~1NlSTRA~IV~SERVICES ~~ PLEASE TYPE OR PRINT ~ ss3 - zoos Event NamelTitle: 1 r ~ ~ ~'~" Event Date(s): ~~ .~I, ~oo~ Times: /:3~ T~, ~t.~o ~?~, Event SponsorlProducer; 1~~1v.~,•r ~~.~cfr IYao nlT, ~ e' K~ w ~ n~~ S Event CantactlCoordinator: ~ n/`C ~" l.Ia,~/~1 ~ ic% Name: /- ,/ ~ C C'r~ey rJ; /`r ~ Address: I o ~ ~_ ~~- ~~s ~ c~ .S~ Telephone Number: c~h!_ -- ~,.Sw3 7 Cellular Number: E-mail Address: Event Description/Purpose: w~~~ i nr ~ ~ vtil~ - a ~'~ ~~ba ! .rte, +A lax 'tea II~T~R/~ot.1,S ~~',~~ C. t~~/~~l To- /~1/ 1`~!-~lP71r ~ ~1,3A/T~s ~ _~/T~~ ,r ~i.~7S T3.4y !` +~}r T/~?~~J~~ Brief History of Event {If applicable): 3Q l- ~ ~S - _-- Planned Activities {outline of activitieslnumber of activities, i.e, entertainment, children's rides, games, other programs): ~~~b a,V~S' o !~!! ~~' Try 1 ~~9u T' •-~-- Number of Individuals Served Previous Year (if applicable}: _/' ~~ Cam, f cl X ~R/ Describe the targeted population and expected attendance: GN~/-~u7S -- o~ N`~~RI~~7~` oa C=,c~~-c r~.~ ~~ Describe how the program or project addresses community needs: 'p r' i7- d ~- -~nl ~ ~ Describe your Marketing/Promotions Program (How will you marketlpromote, i.e. TV, radio, posters, flyers, web sites, other): ~-, j G-" 6 `ni . a to ~ Sc /fa o ~ 3 __ Sponsor Category (please check} City l~ Non-ProfitlCharitable ta~Private c~ Co-Sponsor --Non-ProfitlPrivate (If Non profit attacli proof of SDI c(3), c(4), c(6), C(ID), or c(l9) or (d) Event Location {Describe area boundaries of eventllocation): ,.~ ~F3 ~l/~ D E' f ~c'~ n-! G f .T7 ~ ~ fJan ~ ~~~cZ1 fi' ~ ~ ~~~/~nl, S -J __ Site plan attached: yes ~/ no (Site platy required for entire event site. Include locations of tents, stage, partalets, dumpsters, portable lighting, and barricade location if applicable.} Rental of Old School Square: yes no ~ (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 ~ no (Required for all events} / Do you have cash sponsors far the event: yes no {Indicated on budget) ~ f~~e c~~~ ~,~ ~~~ ~ •y~~ Do you have inkind sponsors for the event: yes na /_ (Indicated an budget) [T:1~nvdatalCreative City Collabrative CommitteelSpecial Event Permit Application Fina[ 4.6.07.doc Serving or selling alcoholic beverages: yes no ~/ (If yes, copy of license ajtd nlcoltol liability insurance regarired fwo (2) weeks prior to event) Event certificate of insurance attached: yes no / (Required two (2) weeks prior to event >`tami~tg the City as additional insrcred, also required for vendors) Playing of amplified music: yes no +/ (Waiver required) Will there be entertainment: yes no / {If yes, attached list of Performers andfor DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain no absceriities: yes na Requesting Police assistance: yes / na {txaffic control/security) Will supplement with private security: yes na / (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 r/ (If yes, clteclc type) Large stage (14' x 36') 1~ Small stage {16' x 2l.') ^ Half small stage {8' x 21') ^ Requesting signage: yes i/ no ~ Type: 4'x4'Event sig - Parking Signs Banner hanging V ~^'~~ Indicate dates required (Waiver regr~ired if more titan one (1) ><veek prior to event) Requesting City Portable Generator: yes no / (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes no / yes no / U:lwwdatalCreative City Collabrative Committeelspeciaf went Permit Application Final 9.6.07.doc Other vendors: (Indicate type} yes na / Tents: yes If yes, How marry What size or size requirer~ (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 r/ (Slroyv on-site map) Will there be a charge far the event: yes no +/ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no / (If yes, contact Fire Marshal` to obtain and complete permit application) Will there be cooking with compressed gas: yes no / (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no / (If yes, locate on-site map. If no, indicate ha~v yon rill handle restraorrr needs) Is reserved parking requested: yes / no (If yes, indicate locations and purpose for use) Event Permit Attachments: RevenueiExpense Budget _~~_RevenuelExpense Recap Last Years Event ____,~_Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages / Proof of Non-Prof t 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 U:lvnvdatalSpecia! Event RequestiSpeciat Event Permit Application FINAL 9.6.~7.doc no f J ~ ~% ~3%~z ~ Event Contractor/Coardina~or ~~3 Date Please print: ~wa3n/r.; ~.~*-~ ~~"~~) ~- <-~~~ -- ~. Please enclose the appropriate nonrefundable application £ee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff LTse Orgy % ~ /' /'' Date Received ~'`~ ~~` ~~ Application fee received $ ~`~ U:IwwdatalCreative City Coilabrative CommitteelSpecial Event Permit Application Fina! 9.b.07.doe . i k li i ~ ~ ~~s+~+~~~"'G{ ~~~ ~ . e_'. ` 's I j._ .: y.~ r 'i '~ y x'47 ~..~i~ ;~f ~`. -~,~ £ ~ ° -, ~ f ,,,f5~'-~4 ~~ ~~ ~ ca .- .}~32G[~~ ~ t~:: cam'-*~°t - s~ ~~ f ~ ~ ~ Z - , `~ l~ ~ : ' ~"= .n-fin-~ __ .: ~L a. rat x ~ a - ~` Ill ~i~c ~ ~ ~ = ~, t~ ~~ _..,~ ~ , ~4- ~ _° } ~T.6 . ~s~_ 4 _` ~ ~Y. A ~ . - - - ~ .,~. ki- ~ ~. .x ~k -i ~~ l , _ ~r.~ ~'.:_ ~~ ~ S ~_' 4 ~ }1 ~~ a. r k ~ { Y ~ ~ ~' ® ~ ii " ~; ti - ~ ~ aid ~. -'` j~' ~ ~~; ~ ,~ _~~ Halloween Parade Budget for 2007 Expenses: Ribbons $ 321.00 Flyers $ 150.00 City of Delray $ 233.00 Ice Cream $ - Totai Expenses $ 704.00 Revenue: $ '104.00 Proposed Budget for 2008 Expenses: Ribbons $ 500.00 Flyers $ 175.00 City of Delray $ 379.00 Ice Cream $ - Total Expenses $ 4,048,00 Estimated Revenue: $ 1,046.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 8.AB -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUE/TREE LIGHTING ITEM BEFORE COMMISSION City Commission is requested to endorse the Tree Lighting and Art & Jazz on the Avenue scheduled for December 3, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (F) for the closure of Atlantic Avenue from Swinton to N.E./S.E. 7th Avenue, to the alley north of Atlantic Avenue on N.E. 1St Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1St Avenue, S.E. 2nd Avenue and S.E. 4th Avenue. Commission is also requested to authorize staff support for security, traffic control, banner hanging and removal, barricade setup and removal, trash removal, clean up, EMS assistance, and use of the large City stage. BACKGROUND Attached are the special event permit request, budget, site plan and Tree Lighting schedule for this event received from the Downtown Marketing Cooperative. We have also received the required Certificate of Liability Insurance and Hold Harmless Agreement from the DMC. Art and Jazz on the Avenue sponsored by the Downtown Marketing Cooperative and the Tree Lighting sponsored by the City are again being combined into one event. Entertainment will be located at various locations along Atlantic Avenue, as well as at the Tree. The estimate of overtime cost for this event is $9,600, of which $4,600 is assigned to the Tree Lighting and $5,000 for Art and Jazz on the Avenue. Based on Special Event Polices and Procedures the Downtown Marketing Cooperative will pay 35% of their share of the overtime costs. The DMC will provide trash boxes. The stage is being used by the City for the Tree Lighting; therefore, there is no charge for the stage use. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, street closure, and staff support as requested with payment of costs to the City per the agreement with the Downtown Marketing Cooperative for the Art and Jazz on the Avenue portion of the costs. City of Delray Beach " Special Event Permit Application PLEASE TYPE OR PRINT A Event Name/Title: ~a' °~ ~ZZ 0~ ~~ Event Dates}; .. ~ ~, O4~"L Times: ~~ ~'~~dny! r ~i ~~Jt! ~~~ ~- AD ~ R!~ ~ r a '! 993 20U1 l ~Y ~ ~~~ Event Sponsor/Producer: L~U'>n 1Ar~~i~ ~ ~.'~Q~~~.- Event Cantact/Coordinator; ' dtl ~ r~~ . _ r. Name; ~ OCi~, r' Address: Telephone Number: - cllular N tuber: E-mail Address; ~(IAt~t'~ ___~ __ Event Brief History of Event {if applicable); ~ ~~ ~ ~ ~ ~ Planned Activities (Outline of activities/nu ber o activities, i.e. enter m ent, c~~ildren's rides, galr~es~ ather programs}: ~11~~ V HUES At'~I,~~ 1't)Wh Number of Individuals Served Previous Year {if applicable): Describe t~{e targeted population and xpected attendance: ~1~ ~ G ~rt~t~ r,lnrl~-nn (nlmv~tuv~~~ i~E~ ~ ~~t-n;'~5 . Describe your Marketing/Promotions Program (How will you marketlpromote, i.e. TV, radio, posters, flyers web sites, ot~e~: ~;~0. ~!C~til1C',~S lyl(~u~.Q,-' Y~x. Sponsor Category (please check) City nNon-Profit/Charitable ^ Private ~ Co-Sponsor -~ Non-Profit/Private ^ (If Notr ~rofrt attach proof of SOI c(3), c(4), c{6), C(10), or c{19) or (d), Event Location (Desc ibe area ~~,,~~,,und ries of eventflaeatian}; ~P~ ~1~ Y1r1C S. Site plan attached; yes~_ no (Site plaia required for ejatire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no (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 far all events) Previous year Revenue/Expense summary attached: yes_~ no (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 .1~ no (Indicated on budget} C:IDocuments and Se#ingslLisill)esl:toplSpecial tavent Permit Application PIIVAt. 9.6.07.doc Serving or selling alcoholic beverages: yes no~_ (If yes, copy of license and alcohoC liability irrsrrrrcrrce regrsrred riva (2) weeks prior to event) Event certificate of insurance attached: yes~~ no (Required two (2) weeks prior to event umnir:g the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes ~ no Will there be entertainment: yes_____ _,,~ no {lf yes, attached list ofPerformers andlor DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes~_ no Requesting Police assistance: yes~_ no (traffic controllsecurity} 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 removallclean up assistance: yes J~ no (Will be billed to sponsor) Requesting trash boxeslcontainers and liners: yes ~ no Requesting stage use; yes~_ no (If yes, check type) Large stage (1~4' x 36'),~~ Small stage (16' x 21') n Half small stage {8' x 2l') o Requesting signage: yes no Type: 4'x4')Cvent sign Parking Signs Banner hanging____,~. Indicate dates required (iI'aiver required if rraore titan one (I) week prior to event) ~i U~ r +'~~~~{' ~(~ ~,~~h, {- Requesting City Portable Generator: (If yes, size & power) Food and beverage vendors: Hyes, approximate number (Health Department approval required) yes no_~ yes no yes no C:I~ocuments and Settingsl[,isldesktaplspecial Event Permit Application F1NfAt. 9.6.07.doc Other vendors: yes ~ no {Indicate type) 1c ~ Y^ Yl Tents: yes_~ no If yes, How many ~f ltat size or size required (If yes, tent permits rind fire inspections may be needed) ~/ Will the event include amusement rides: yes no /~ (If yes, type and location and copy of liability rrtsrrrance required, also requires state license and inspection.) Will the event be gated; yes no J~ -- (Shofv an-site reap} Will there be a charge for the event; yes no~_ (If yes, indicate ticket prices} Will there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Mrrrsltal to obtair: and corrtplete permit application) Will there be cooking with compressed gas; yes no (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site reap. If no, indicate hofv you will l:andle restroorn needs) 1s reserved parking requested: yes no (If yes, indicate lacatior7s artd purpose for use) Event Permit Attachments: -~ Revenue/Expense Budget ~Revenue/Expense Recap Last Years Event Site Plan / Letter Requesting Noise Ordinance Waiver better 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 G:1Documents and SettingslLisilDesktaplSpecia! Event Permit Application FINAL 9.6.07.doc ~c ~ ~ ~ ~~ Ev nt Contr c or/Coor inat r ~,n Datc Please print: ~ I ~C=~~~~1 `~`~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.Vd. lst Avenue, Delray Beach, Florida 33444, Required with permit application. For Staff Use Dit~/ ~1 ~ /~ Date Received JJ~~ Application fee received $ ~ C:iDocuments and SettingslLisilDasl:toplSpeciai Event Pennit Application FINAL 9.6.o7.doc ,:. -_ _ ~, _ _ - _ - - - _ ~ -- - __~. _ ~ - n ~ O g p P ~ 0 0 b ~ C O Q O O p p G P O ~ O' ~ ~ O~ ~ O o O 0 p O ~ b o0 :~ : r a G V V1 0 N 0 N ~ 0 o 0 ~ b ~ ~ 0 [(f 0 N O r p ~ ~ O [S O ~ Ali n 0 tff Op 0 N O `.. b A ~ r r M ~D r ~ N r M N ~ Y ~. l7. ~ O O O OO O O O ~ ~ G 3 0 0 0 0 0 p ' 0 O <A pppp I € O 4 O Q 1A ~ o O al Q O ~ P Q O Q Q tff O O r ~ ~ r e- _ ~ p ~ 4 O Q N O 0 N p O ~ !t7 N ~ !n ~ ~ 0 ~ 0 ~ ~f N r fV M r V> o ~ 00 'i{ - i ~ Ni c A - e ~ N I 3 1 E ~ ~ n I ~ E ~ n ~ ~, ~ a m I ~ ~ m ~ ~ ~ m W i D D rn ~ ~v ~ 3 a ~ ~ ~ c m a~ ts F- ~ ~ ~ ' € ~ ro ~ ~ '~ ~ ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ G ~ ~ T m € ~ ~ O U ~ a~+ a (pp i ; ^~~ ~ ~ N U ~ 7 ~ ' ~ m fl3 U T N [ L' If U f t lL} d d ~ fA d lL I- _ [- EL _ fL' [[-..~ LLf ~ P O M eN~ pM~ 4T M r ~ ~ o 47 O ~ ~rM7 ~s1 d NN`'' ~ M 09 ~` (b~ 'O c1 ~ ~ r 9~ ''Y ~ O CG ~ p O O n O C O ~ O '~°' ~ ~ ~ ~ N r C6 Y1 n v ` CV r r ~ ~ 5 .M.. v ] ~ "~' „ „ I f I m ~ ~ ~jF °o °o °0 °0 °o 0o ooq W W F b o ~ o o O o o O a o 'V' O n r l0 C~ 0 o ~i 0 0 0 49 0 0 01 0 0 ~fi 0 0 O 0 0 ifi 0 0 r m ~ f ~~ p0 O Vi O o O N O o LVp O ~ ~~ ~ (~ ~ Q p ~ r N N N r o ' -' ~ r '~ °O N a Q '- r r t0 r r N ~ Q N r r ,, ., fq ~.. r ll7 F.. ~ o b oa o on ~ ~ b ~ M r M aO1i ~ o ~ iu V o N ~- b Yb'/ n fM~i +n N M r ~ [O b 'd ~{ p E~ 0 b 0 C1 n M o a 0 0 b 0 b ~A ~ ~ id Q t fp OI . r N N fV ~ N N r °o o d ~ n °a O °° o O € m ~ N n O v P NN O ~a o u ~ u g ~ ~ 0 ~ o o N ~ CNM 'V' o ~ ao ~ c~cr~"~~ V ~ ~ V nj r N op G O ~ W ~ 4 ~ O N ~ M C`{ q h ~ 1 n ti' t`!15 ~.r 7 r O N 0 M ~ ~ [Y N M ~ tD st _ V; ~ ~ c+3 r M F I i~ r `' r N W l'_I m W ~ V01 ~ c.~ ~ llll~ ~ ~ r rn V C`! ~fi ~ ~ O ~ C to ~ ~ a0 `~ 'd' M In M ~ N.7 N N ~ ' . - kk ~ V ~ O oo ~ ~ r cnn ~ ° ~ ,°n ,~ h a ti ~ ~n ~ fL 4 N M M ~T M r ~' . ~ 'r' ~ N N r M E4 ~ _ pp O f~ O 0 0O I~ ~t ~F M G W c+l C M M ~ N N Oj CAD t~ [n+) cD IQl1 N M ~ b N In Q 00 O O ~1) b ~ T V OO M c [ N M r r N ~"j P h CO ~- O OO tf) n ~. G M N ~D !E3 ~ O C ~ lli Q Q1 C 'C jo ~ OV ~:~ ~ c '~ ~ R Oi} ~ +~ ~ a,, C C V N 7 ~ ~ # ~ ~ ~ m N 3 ~ a ~ G 9 ~ IS lt i M'. X ~ c Y 0. ~ ~ ~ V ~ e ~ ~ c C ~ S N ~ E N ~ N ~ ~ y ~ ~ pp U ~ a ~ ~ . ~ u. ~ ~ ~ m ~ ~ °~ 2 ~ R ~ ~ a v F ~ ~ a ~ ~ ~ ~ ~ ~ c A o ® f ~ ~! t, ~ i! 1 h- ~_I . °~ ~ ~ 4 ~ ~ t a li' ~ !! .1 ~ ~ p ~ ~ u ~ ~ O ~ m c 3 ._ S 1 Q l i ~ ~ - ¢ G ° d ~ U ~ ! 7. ~ G ? ,~„ U ~ '` ~ ~ o ~ 333 p l ° - ] ~ a ~ o c o ~ ~ ~ ~ ~ ~ ~ ' ~ ~ m ~ : o 't3 ~ c i9 9~ a tn m a .~ n ~ F ~ t- z z v 3L~ +n ~C i~ c va ta 4 l ~ C )l UC la .m t 7 0 a cn F . MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.AC -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SPECIAL EVENT REQUEST/HOWARD ALAN 3RD ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 3rd Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on December 26-27, 2009 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to provide staff support for traffic control, barricade inspection, and fire inspection services. BACKGROUND Attached are the event permit application, site plan and budget. The event sponsor will be responsible for event management, clean up, security, dumpsters, for providing barricades and event signage. City staff will inspect and prepare the barricade plan. The event sponsor will utilize private security for day and night, which will minimize our staff support costs. Total estimated City costs for this event are $1,950. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Court House Garage, as well as City Hall Parking lots will be used for event parking at a $5.00 charge. The North lot at City Hall will be used for vendor parking. We have received the Certificate of Liability Insurance and Hold Harmless Agreement. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue and Tennis Center Parking lot, providing staff assistance for traffic control, barricade inspection, fire inspection services, and allowing the event signs to be installed fourteen (14) days prior to the event, with all overtime costs to be paid by sponsor. r • ~~ City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT DELRAY BEACH ~ ~ a i i o a i ~--t~~c ~ ~~~'~~~~~ ~~N ~ €~ ~~~~. ~~~~~~~ ~ ioai ~~~'vicESr~v~ Event Name/Title: 3rd Annual Downtown Delray Beach New Year's Weekend Craft Festival Event Date(s): December 26-27, 2009 Times: Saturday and Sunday: lOAM-5PM Event Sponsor/Producer: Downtown Marketing Cooperative _ ___ Event ContactlCoordinator: Howard Alan Events/ American Craft Endeavors Name: Howard Alan Address: 9695 W. Broward Blvd Plantation FL 33324 Telephone Number: (954) 472 3755 Cellular Number: (954) 661-8385 E-mail Address: Info artfestival.com Event Description/Purpose: Outdoor craft festival. Annual, cultural and community fathering an~ortunity. ... Brief History of Event (If applicable): This is the 3rd year this festival_has_heen servng_ this community. Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): Varied crafters exhibitin and sellin their hand-made items. Number of Individuals Served Previous Year (if applicable): 4200 Describe the targeted population and expected attendance: 4500 Local residents are targeted nonulation. Describe how the program or project addresses community needs: Providin a free festival with artists ranking in mediums from_jewerly to sculptures. ____ Acts as a communi cultural and civic event, Describe your Marketing/Promotions Program (How will you marltet{promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth and fivers. Sponsor Category {please check) City ©Non-Proflt/Charitable ~ Private ~ Co-Sponsor -Non-ProfitlPrivate (lf Novi ~rofrt attach proof of 501 c(3), c(4), c(6), C(10), or c(.l9) or (rl) Event Lacatian {Describe area boundaries of eventllocation): The Tennis Center as well as NW 3rd Ave off Atlantic Ave. Site plan attached: yes X no (Site pltua required for e~atire evefrP site. Include locations of tents, stage, po>•talets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes na X (lf yes, attach proof of approval) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached: yes X (Required fnr all eveaats) Previous year RevenuelExpense summary attached: (Required for all events) Do you Dave cash sponsors for the event: yes (Indicated an budget) no yes X no Do yoit have inkind sponsors for the event: yes X (Indicated on budget) no X no C':tt7acuments and Settingsll.isilDesl:Foplspeeial Event Permit Application 1''IiVAL 9,G,07.doe Serving or selling alcoholic beverages: yes no X (If yes, copy of License and alcohol liability irrsurarrce required t>vo (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required t~vo (2) weeks p1•iar to event narrxirtg the City as additional irrsrrred, also required for vendors) Playing of amplified music: (Waiver regrrirerl) yes. no X Will there be entertainment: yes na X (If yes, attached list of Performers andlor DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes no ~ (tcaffc controlisccurity} Will supplement with private security; yes X na (If yes, need pla~r atttrclrerl) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes X no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes no X (Will be billed to sponsor} Requesting trash boxeslcontainers and liners; yes no X Requesting stage use: yes na X (1. fYes, clreclt t.Ype) Large stage (14' x 36') ^ Small stage (l 6' x 2l') ^ Half small stage (S' x 2I') Requesting signage: yes X na Type; 4'x4'1';vent sign X Packing Signs Banner hanging Indicate dates ;Fequired (Waiver required if mare tfrarr one (1) weep prior to event) Requesting City Portable Generator: yes, (If yes, size & power) Food and beverage vendors: yes X If yes, approximate number 2 3 appl~+ing for permit (Health Department approval required) yes an~~+ini7~naw no X na no C:lnoeuments and Se[tingslLisilDesf;toplSpecinl Eaent Perntit Application F[NAL R.G.07.doc Other vendors: {Indicate type) yes na Tents: yes X no If yes, Haw ntuny 100 Wlrlrt size or size rel~rrired 10'x 1 ~' (If yes, tent perutits attrl fire irispectiorts »ruy he rteerlec!) Will the event include amusement rides: yes no X (If yes, ty~Je lrilll loClrtiori llilll CApy D•f IIIrLTIl~y 1rlStlr'llliCe 1•equirerl, also requires state license and inspection.) Will the event be gated: (Show ora-site map) yes no X Will there be a charge for the event: yes no X (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obfairr brad corrrplete per•rfrit application) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Marshal for inspectlo~as) Will you be providing port-a-lets for the event: yes X no (If yes, locate ora-site Hoop. If no, indicate how you will ]zarrdle r~estroorrt needs) Is reserved parking requested: yes no X (.If yes, iyallicate locations and purpose for crse) Event Permit Attachments: X RevenuelExpense Budget X Revenue/Expense Recap Last Years Eve~tt X Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNan-Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter fi•nm Private Property Owner X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 124 days prior to event • Neighborhood Block Party 30 days prior to event C;117c~cuments anti Setttngsl[,isilpesktoplSpeciai i~vent Peemit Applicntipn FiNAI, 4,5.©7.doe 6/19109 4 ent Con#rac#orlCoort•dina#or Da#e Please print: Howard Alan Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use O;'tly Date Received ~ ~~ ~ Application fee received $ ~~ C:lpocunieuts and SettingslE.isitp~sktaplSpecial Event Permit Applicati©n FtIVAI.9.b.t)7.doc +' : ~ t~. i a _ k~ ~. ' .. ~ ~ •! ~ ,<: ' -. , ~ ~ '. - j u Ir • t M Lh~ k, t # I ~ ~ - 7~ d 41 ~1 I.' ~ ! ; ~a ~ GAS ~ a"" 3 e 44'' s >t' ~ `~ ~ t 1~:irF i ~ ~'-~ `~ ~ ~y 91 -., 4* x"r (~(Q~ ~ r`ti_t , ~'~ ~ ~ ~ ~ _! r ' ~, ~`,_,. .; ~ ,s ' ~ ~ :~ ~ 4a ~ ~. ~ Qy ~"r°a~-~ ~~ ~'C ~ (~( ~ yet, ~L. ~~• ~ ~~.... ,~ ~ R7 k xk. fy 14 ~ 7. 1 ~ F ~ Ry' q ~ ' ~ y t ti ~ 9~ ~ ~ ,~ }~ I ~ k fit .~ I ~ ~~~ ~~,~$'2~ ~s 11 ~ ~~~ ~. 1~ "w` ~y , { ' ~ r +, M f ,E,~ , ~ i11 ~ t i u ~r 1 .~_ + k •~, t `""° - t,~ri Mrtf+w„'i~ 6.R'.+s1~'+~"~. - ~r'.~ * ~ ~ k} ,'E ~ S " ~ .¢ Sti„ ~ +~ ~.'s ~ e.a a-'s+r ~ rr P'a xy • e~ ~ * 7~S~ys F~ ~ '~ `tJj ~ A 1 f~~ "~'~ ~ ~ ;,.t ~ ..sa .+ iY~ - i ~ ~. 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F F r ~k to ~ ~~~~~~ f =.5.~ ~x i,`~~ " { ~ { ~ ~: '~ I, ,: p 1 s P rr ~ *'k~ r r American Craft Endeavors 3rd Annual Downtown Delra Beach New Year's Weeknd Craft Festival December 26 & 27, 200$ PROPOSED BUDGET FOR Dece mber 2009 Income Number of Crafters 120 Crafter Revenue $20125 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $21,025.00 EXPENSES Advertisin Boca Raton News Ex ense $1 575A0 Palm Beach Post i;x ense $2 350.18 South Florida News a er Ex ense $690A0 Sun Sentinel Ex ense $3 700A0 Advertisin SubTotal $8 315.18 Services Permit Palm Beach Count Health Ex ense $25.00 Si na e AA Si n Lines Ex ense $475.00 Sanitation - Portolets Abie Sanitation Ex ense $572.50 Sanitation - Dum sters Southern Waske Ex ense $752.69 Sanitation Tents 4 Events Ex ense $475A0 Barricades Bob's Barricades Ex ease $350.00 Securit Cit Of ©elra Beach Ex ense $1 100.00 Rentals Tents 4 Events Ex ense $400.00 Gra hies for advertisin Ex ense Ex ense $75.00 Pa roll Hela ne Stillin s & Staft Ex ense $1 75flA0 Rental Pro ert Deira Joint Venture Ex ense $2 000.00 Lod in sand meals travel Ex ense $400.00 Two Million DolEar liabilit ins olio Ex ense $650.00 Administrative Overhead #ele hone mailin s etc Ex ense $1 100.00 Service SubTotal $1fl 125.19 Total Ex eases $18 440.37 Show Profit $2 584.63 American Craft Endeavors 2nd Annual Downtown Delra Beach New Year's We eknd Craft Festival December 27 & 28, 2008 PROPOSED BUDGET FOR Dec ember 2008 Income Number of Crafters 120 Crafter Revenue $20125 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $21,025.00 EXPENSES Adverttsin Boca Raton News Ex ense $1 575,00 Palm Beach Post Ex ense $2 350,18 South Florida News a er t;x ense $690.00 Sun Sentinel Ex ense - $3 700.00 Advertisin SubTotal $8 315.18 Services Permit Palm Beach Caunt Health Ex ense $25.00 Si na e AA Si n Lines Ex ense $475.00 Sanitation - Portolets Able Sanitation Ex ense $572.50 Sanitation - Dum skers Southern Waste Ex ense $752.69 Sanitation Tents 4 Events Ex ense $455.00 Barricades Bob's Barricades Ex ense $350.00 Securit Cit Of Dalra Beach Ex ense $1 100.00 Rentals Tents 4 Events Ex ense $400A0 Gra hies for advertisin Ex ense Ex ense $75.00 Pa roil Hela ne Stillin s & Staff Ex ense $1 750.00 Rental Pro ert Delra Joint Venture Ex ense $2 o0a.oo Lod in sand meals travel Ex ense $400.00 Two Million Da11ar iiabllit ins olio Ex ense $650.00 Administrative Overhead tele hone mailin s etc Ex ense $1 100.00 Service SubTatat $10105.19 Total Ex enses $1$ 420.37 Show Profit $2 604.63 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Ronald Hoggard, AICP, Principal Planner THROUGH: City Manager DATE: September 17, 2009 SUBJECT: AGENDA ITEM 8.AD -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 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 September 7, 2009 through September 18, 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~ptember 9, 2009 A. Approved with conditions (6 to 0, Shane Ames absent), a request for a color change for Congress Village, formerly the Office Depot Building, located at the southwest corner of Congress Avenue and Old Germantown Road (2200 Old Germantown Road). Historic Preservation Board Meetin~ptember 16, 2009 No appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action. 1. Recommended approval (4 to 1, Pam Reeder dissenting, Dan Sloan absent) of City-initiated Ordinance 15-09, providing for the acceptance of the resurvey report for the Del-Ida Park Historic District including extending the Period of Significance from 1943 to 1965 and reclassifying forty-eight (48) properties from non-contributing to contributing. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~-~~-~~- CITY LIMITS ~~~~~~-~~- SPRAB A. CONGRESS VILLAGE (FORMERLY "THE OFFICE DEPOT BUILDING') ONE MILE ~ GRAPHIC SCALE CITY OFDELRAYBEACH, FL PLANNING & ZONING DEPARTMENT SEPTEMBER 2009 I MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\9-22-09 --DIGIraLSasEMAPSYSrEM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 8AE.1 -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 BID AWARD/H & D CONSTRUCTION CO., INC. ITEM BEFORE COMMISSION Request for Commission to award the bid and authorize the Mayor to execute the construction contract with H & D Construction Co., Inc. for the construction of SW 12th Avenue Alleys -Phase 1 Project #2007-013 for $479,612.00. BACKGROUND The scope of this project is a key part of the Southwest Area Neighborhood Redevelopment Plan. The plan was initiated as part of an on-going effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts. The plan seeks to identify core strengths and assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. Improving the alleys and drainage of this area will allow for future development and implementation of the Southwest Area Neighborhood Redevelopment Plan. The alleys are located east and west of SW 12th Avenue and span from just south of Atlantic Ave to SW 3rd Street. The four alleys located east of SW 12th Avenue and the three alleys located west of SW 12th Avenue will be converted from existing dirt alleys to paved alleys with a valley gutter to provide drainage. The storm water that is collected from the alleys will be tied into a dry retention system. The addition of the dry retention is a requirement of the Southwest Area Neighborhood Surface Water Management Study to improve flood management. FUNDING SOURCE Funding for this project has been provided by the Community Redevelopment Agency and the account is #334-3162-541-68.49. RECOMMENDATION Award the bid to the low bidder, H & D Construction. M 0 1 N Z W 0 0 4 N W 00 W Y/ O m a J v m 0 N o ~ Z m W j i ~ ; ~ ~ ? ~ ~ ? ~ i o 0 0 0 030 0 o vaa o v' vio o v~ viv v o v'v o v oo v o ©~ o n o oio 0 0 0[0 0 0! 0 0 0 00 ! ~ 0 0 o P P P o P p 'cT P P p~,p P P P~p p p PIP p 4 p,P 0 o p o O p P3q p p 0-o O P o 0 0 Oi0 O L1. O~ [7 C G C],C C C] cfl +..m N C] C]'rO C G out C O Sri O B ~p n j G ui n n i a N o oio 0 o O;o ~ci o ¢i o 0 oio h O o- : n p o P o h 0 c~T O 1p N t1' M rnn 0 m O h m M O,O olO m m n O In'~ tf' O= m m lL1 W C+'O o O'O iLi h M ~7'~.m M N:~7 ~ M O O: GO 'C' O r ~ N ~p t}';O 47 f..tN ~ ~p b O_n ON N O O O' M1 OS O~~p P O nap O3O N O U p (~• V ~ r m ~ . h'.N O fD'© N . 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C ?2 ~ I ATHEW S C)NSULTING 1NC. Civil and F.nvironn3ei~Ea1 Enginccrs September 8, 2009 Mr, Tim Tack, E.I. Project Managel• - ESDlCRA CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 Dear I1rIr, Tack: City of Delray Beach Project No. 2007-013 SW 12`x` Avenue Alleys - Fhase I 2 On Thursday, August 27, 2009, at 10:00 AM, bids were received by the City of Delray Beach for the S W 12"`Alleys - Phase I project. Twslve { 12) bids were received as follows: Name of Bitlcler Amowit of Bid 1. H & D Construction 2. Mancil's Tractor Services, Inc. 3. Wynn & Sons Environmental Construction 4. West Constructions 5. American Engineering & Development 6. Rosso Paving & Drainage, Inc. 7. H & J Contracting, Itic, 8, Coasts( Contracting & Development, Inc. 9. Patin Beach Grading, Inc. 10. ENCO 11. Master Excavators 12. Sun Up Enterprises, Inc. $479,612.00 $495,587.71 $527,200.00 $578,010.62 $592,027.05 $592,741.70 $594,144.84 $668,662.75 $670,593.55 $711,259.00 $733,663.40 $771,473.00 We have reviewed the bid proposals submitted by each of the contractors and ]nave found minor mathematical error's in the bids as shown on the attached Bid Tab {in yellow), The following summarizes our findings for the low bidder: H & D Construction • Acknowledged Addendum No, 1. • Provided Bid Bond {5%}, • No mathematical errors on the Schedule of Bid Prices. • Provided completed Supplemental Questionnaire. • Provided project list that slfows they have completed this type of roadway, drailtage and utility work in the past. • This company has not provided roadway and/or underground infrastructure utility work previously for the City of Delray Beach, however they were recently awarded the SW 14t1` Avenue Roadway, Alleys and Drainage Improvement Project. • Company is based in Font Pierce, l~lorida. hiatlzex•s ConsasFting, ]nc. • 1475 Gerzb~epark Boulerm'r1, Suite 250 • ZYes1 Palnz Beach, FL 339DI - 561-478-7961 • Far 561-478-7964 sv4s~}t: zriathe~ti~seansultinginc. cony 1V1A'1' H E W 5 CONSULTING "c• We have contacted references for H & D Construction and have received positive feedback. They have the necessary manpower and resources to complete the project on schedule, Mathews Consulting therefore recommends award of the contract to H & D Construction in tl~e amount of $479,612.00, If you have any questions regarding the information presented, please contact us at 561-d78-7961, Sincerely, MATHEWS CONSUL ~ ,INC. f ~ .. ~ • ~~ ~ Rebecca Travis, P,E. Principal ~Enclosarre cc: Richard Hasko, Delray Beach {w/enclosure) Randal Krejcacek, Delray Beach (~vlenclosure) Rafael Ballestero, Delray Beach {w1e~~closiEre) David Mathews, MC {w/enclosure) MC File No, i4?7 0 3 0 a ~, o ` E 0 m 0 0 N N T O O ?~ ~ U ?~ d .. 7 O £, N O ~ i 3 Q M O O i i ,_____ ~ CITY of DELRAY BEACH SW 12TH AVE ALLEYS PHASE 1 DATE:05/21/2008 d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP p0~ 434 80UiH BWNTON AVBVUE, DELRAY BEACH, ROFIDA 39444 2007-013 1 OF 1 r.; L MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8AE.2 -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 PURCHASE AWARD/FIBER OPTIC CABLING PROTECT ITEM BEFORE COMMISSION This item is before the Commission to approve an award in the amount of $93,265.24 to JCI Jade Communications, Inc. to supple and install fiber optic communication cable from the IT building through City Hall to the ESD building and $24,130.00 to A2000 Network Solutions for the purchase of Cisco Catalyst switches for cable connection for a total amount of $117,385.24. BACKGROUND This cabling will complete the City fiber infrastructure loop to the ESD complex area and will give the City a solid connectivity of the network, while increasing the reliability of our business interruption/continuity plan. The ESD area encompasses Public Works, Engineering and the Water Plant buildings. This loop will allow the non-public safety network to continue functioning when there is a break in the fiber optics by rerouting the data through another switch and fiber optic connection. JCI has completed a number major fiber projects for the City previously so they are familiar with our current fiber installation. Their quote of $93,265.24 is from Palm Beach County contract pricing. Vendor Quotes .LADE COMMUNICATIONS (Cables & Installation) A2000 NETWORK SOLUTIONS UOVCONNECTION TERACIA FUNDING SOURCE 441-5161-536.63-90 WATER AND SEWER FUND PHYSICAL ENVIRONMENT $93,265.24 Pricing Per Palm Beach County Contract #05193 Proposal #091109JLA, 09.11.09 524,130.00 ~~Per Estimate #08-4958, 09.15.09 524.257.00 Per Quote #2451137.02. 09.14.09 526,020.00 Per Quote #40006167, 09.14.09 IMPROVEMENTS OTHER RECOMMENDATION Staff recommends awards to JCI Jade Communications, Inc. in the amount of $93,265.24 via PBC Contract #05193, Proposal #09ll09JLA and A2000 Network Solutions in the amount of $24,130.00, per quotation #08-4958 for the total award amount of $117,395.24 for the fiber optic loop to the ESD Building. Page I of 1 Date: 11 SEPTEMBER 2009 PROPOSAL NO: 091109JLA SUBMITTED TO: Ed Del Portilfa Company Name & Address Job Locafion: City of Delray Beach ESD to City Haft Fiber 7Q0 NW 95t Avenue Delray Beach, FL Phone Number: 561 243-7147 Fax Number: 561 243-7165 We hereby subrr~it specifications and estimates for: Supply and install two 12 strand single mode fiber optic cable from fT building through City Hall 1T GlaSet to ESD closet. Fiber optic cable will be terminated with SC type connectors at each end. A rack mount enclosure will be placed at each end for the fiber terminations. Install the necessary conduit continuation for the installation. As~-bunts witl be furnished in a timely manner upon completion of project. We hereby propose to furnish labor and materials-complete in accordance with the above specifications, for the sum of: ~~' ,X5.24 Balance derv erpo~ receipt of invoice All material is guaranteed #o be as specified. Ail work above to be completed in a skillful manner according to standard practices. Any alteration or deviation from above speclflcatinns involving extra cost, will be executed only upon written orders, and will become a "T & M" extra charge over and above the estimate_ All agreements are contingent upon strikes, accidents or delays beyond our control. No permi# fee's or bonding is included in This quntation_ This proposal is subject tp acceptance within thirty days and is void hereafter at the option of the undersigned. Florida License ESOl30Q112 AUTHORIZE® SIGNATURE _ __ ___ __ __ __ Date ACCIEPTANCE OAF PROIPOSA~ The above prices, specifications and conditians are hereby accepted. 1°ou are authorised to do the work as specified. Payment will be made as outlined above. ACCEPTED Signature VENf)OR # 31 DS COUNTY CONTRi~1CT #®5'!93 Date 6610 B. ROGRS CIRCLB ° BOCA RATON, FLORIDA 33487 ° (561j 997-8552 ° FAX (SG1} 997-5935 _ ~ ~~ ~. -: Network Solutions, Inc. ~ NAMEIADDRESS ~ City of Delray Accnuaxts Payable 100 N. W. i st Avenge Delray Beach, Florida 33444 A2000 Network Solutions 235 Goolsby Blvd Deerfield Beach, FL 33442 954-480-8430 Fax: 954-421-5572 c~uc~TAT~on~ DATE ESTIMATE # 9/15/20D9 08-4958 Ship To P.Q. NO. TERMS W W W.A20fl0NS.C0M Net 3D G2TY ITEM DESGR{PTiON ~ EJNIT GOST TOTAL 1 WS-C3560E-12SD-S Cisco Catalyst 3560E-i2SD-S -switch -12 ports 9,710.00 9,710.00 1fl1100/l0D0 SFP+2 IOGEIPB S/W 2 C3K-PWR-300WAC= Cisco power supply -hot-plug /redundant - 3D0 325.00 650.00 Watt 2 WS-C356DE-24'I'D-S CAT 356DE 24 l D/100/1D00 1DGE X2 265W IPB 2,46fl.00 4,920.00 CISCO REFLiItBISHED 1 PWR RPS230D= Ciscn ltedundaw~t Power System 230D -power 745AD 745.00 supply -redundant 2 GLGLH-SM= Cisco GI ;SFP, LC Connector LI'I "1"ranseeiver 125.00 250.00 CISCO COMPATABLE 4 X2-lOGB-LR iDGBASE-LR X2 Module CISCO 1,725.0D 6,900.00 IZEFUR$ISHED 4 F0LCST•3 Multimode Fiber Jumper LC-ST, 3Meter 30.00 120.00 1 FOLCSC-3 Fiber Optic Jupex, Duplex Multirtzade LC/SC 3 30.00 3D.00 Meter 5 GLGSX-MM= GE SFP, LC Connector SX Txansceivex CISCO i 15.D0 575.00 COMPATAI3LE 4 F4SMLC/SC-3 Single Mode Fiber Optic Jumper,Duplex 3 Metexs 30.00 i2D.00 1 CAB-RPS2300-E Ciscn power cable - 5 fl 110.00 110.00 oTfJTAL $24,i3D.D0 SIGNATURE • TM C t QUOTATION onr~ec lon elate # 2451137.02 Q 3T Saintions for Government and Ed~~catinn pLE.~SE REFER TO THE.4BDYE Q DOTE NUMBER WHEN ORDERING 732 Milford Road MerrirtiiaCk, NH 03054 Date: September 15, 2(16 9 Valid through: October 15, 2009 Account #: S©0636 Account Executive: Thaddeus Susara Phone: (800) 800-0019 x75015 Fax: (603}683-1166 Email: tsusara@goveonnection.com QUOTE PROV[DED TO: SHIP TO. Gity Of Delray Beach City Of Delray Beach .lennifer Reynolds Jennifer Reynolds City Hall City Hall 100 NW 1st Ave., OVERNIGHT SHIPPING 100 NW 1st Ave., OVERNIGHT SHIPPING Delray Beach, 1"L 33444 Delray Beach, FI- 33444 DELIVERY rOB TERMS CONTRACT' 1D # NET 30 * Line Qty Item # Manuf, Part # [}ascription ~ Price _ ~Xt 11 1 _ 8344166 WS-C3560E-12SR- __ Catalyst 35f0~ 12 101100! 1000-SFP+2 10GE(X2)IPB $9,571.00 $9,571.D0 5 Software Ci5C0 Lines: 11 ~ Tota{ $24,257.00 Merchandise Fee Ship Via: 102. pounds . Small Pkg Ground Shipping and Handling T2X ToTAI~ ~Za,257.00 * Lease for as low as: $724.801Ma. * Le se goat above is b sad on a 3B-month, F it Market Value lease, provided by one of our leasing partners, a d is subject to heir terms, con Lions a d policies. Page 2 of 2 ~ ~ TM QUOTATION C t o~nec v lon cote # 2451'13T.02 Q [T 5oirrtiorrs ~47r Gnvernr~tent and ~dtrcatiart PLEASE REFER TO THEABOYE QUOTE NUMBER WHEN ORDERING 732 Milf©rd Road Date: September I5, 2009 Merriliack, NH 03054 Valid through: Octaber l S, 2009 Account #: 500636 Account Executive: Thaddeus 5usara Phone: (800} Sao-0019 x75015 Fax: (603}G83-1156 EmaiL• tsusara@govconnection.com QUOTE PROV[DED TO: SHIP TO; City Of Delray Beach City Of Delray Beach Jennifer Reynolds Jennifer Reyn©Ids City Hall City Hal[ 100 NW 1st Ave., OVERNIGHT SH IPPING 100 NW 1st Ave., OVERNIGHT SHIPPING Delray Beach, FL 33444 Delray Beach, FL 33444 1]E1.1VE1i,Tt' Fo>~ T~1uv><s CONTRACT iD # NAT 30 * tine Qty ]tem # Manuf. Part # t)escription ____ __ Price ~~ Ext _.~ __ ~. 1 1 418333 33156 Fiber Optic Gable, LC-SG, 62.51 125um, Duplex / Multimade, $15.00 $15.00 3m _ Cables To Go 2 4 418335 33166 Fiber Optic Cable, LC-ST, 62.5 ! 125um, Duplex 1 Multimode> $15.00 $60.00 3m Cables To Go 3 4 6126028 12505 Fiber Optic Patch Cable SC-SC 9 ! 125um tauplex 1 $21.00 $84.00 Singlemede, 3m Cables To Go _ 4 2 913815$ GLG-LH-SM-AO GE SFP LG Gonnect t_X 1 l_1"! $50.00 $100.00 ~ iNemary upgrades __ 5 _ _ 4 918505fi X2-10GB-LR-AX 10GBasei_R X2 Transceiver, Cisco Compatible $1,274.00 $5,096.00 _ _ _ _ Axiom Memory Solutions 6 2 8661436 C3tC-PWR-300WAG 300W AC Power Supply for Catalyst 3560t=-12b ! 3560E-125 $306.00 $612.00 Glsco __ _ _ . _ 7 2 7500605 W5-C3560E-24TD- Catalyst 3560E 24 1fl 1 100 1 1000-10G1= X2 2fi5W tP8 $3,596.00 $7,792.00 S Cisco 8 1 7fi27640 C3tC-PWR-750WAC~ Catalyst 3750-E 13560-E 1 RPS Spare Power Supply, 750WA $598.00 $598.00 Cisco _ 9 5 5669918 GLC-SX-MM-AO GE SFP LC Connector Cisco-Compatible $37.00 $185.00 Memory Upgrades 10 1 7513440 PWR-RPS2300 Redundant Power System 2300 $744.00 $744.00 Cisco Page 1 of Z 1'ERACAI North American Offices: 800-913.9459 Noah American Fax: 315-883-3510 217 Lawrence Road East internatinnai Offices: 011-315-883-3500 P.O. Bax 4715 Enternational Fax: 011-395-883-3510 T ~ ~ ~ ~ ~ ~ Syracuse NY 1322'!-4715 WWW.tBI'~Cr~I.COrTI Lina Yusim phone extension 2321, email lyusim@teracai.cnm amity of Delray Beach ._.~._.~~..~__.__~ quote 4t1U06167, ~911412(1d9 U9.18 AM xpires 'i4-Oct-2009 Ftequesfed ay: Jennifer Reynolds i Fax: (661)243-7166 Ship To: + ~BiII To: Jennifer Reynolds Jennifer Reynolds 156 NW 1st Ave 15D NW 1st Ave Delray Beach, FL 33444 Delray Beach, FL 33444 QTY Nffr Part'' Descriptipn Uni# Price Ext. Price .' 1 WS-C356DE-12SD- 250434: CI5C0 CATALYST 3560E 12SD-5 ETHERNET SWITCH 9,450.00 9,450.00 S Notes: SPECIAL DISCOUNT--Lifetime warranty through Cisco-- Does not come with with the CVR-X2-5FP. 2 WS-C3660E-24TD-S 254649: RECERTPLUS CISCO AUTHOR]ZED CATALYST 3560E 24 3,100.00 6,200.00 PORT 10!10011066 ~-2 10GE 235W IPS SOFTWARE Notes: Providing pricing for Cisco Auth Refurbished--Only 7 at Cisco Comes with CVR-X2-SFP Qk 2 for each switch 4 X2-10GB-LR-TC 255960: COMPATIBLE 10 GIGABIT LR SMF X2 TRANSCEIVER 1,850,00 7,400.00 WITH SC CONNECTORS Notes: Lifetime warranty_from manufacturer that makes these fnr Cisno ._ ~._, _ ~_ 5 GLC-SX-MM-TC 255941: COMPATIBLE GIGABIT SHORT HAUL MMF SFP LC 150,00 750,00 TRAi~SCEIVI=R WITH LIFETIME WARRANTY 2 C3K-PWR-300WAC 1508886695: CISCO CAT 3560E-12D+35601:-125D-AC 300W 0.00 0.00 POWER SUPPLY SPARE Notes: Comes with 12 ort switch 1 CBX-FP-fiZLS2R-03 210521: 3M DUPLEX 62.51125 MULTIMODE LCISC RISER JUMPER 22,00 22,00 CABLE WITH CLIPS 4 CBX-FP-6ZLT2R-03 20$779: 3M DUPLEX 62,51125 MULTIMODE LClST RISER JUMPER 22.D0 8$.00 CABLE WITH CLIP ___~..__.._._._ _.~. ____._...~ . _~_...__ 4 CBX-FP-9ZSS3R-03 212978: 3M DUPLEX 91126 SINGLE MODE SCISC RISER JUMPER 25.OD 100.00 YELLOW CABLE. WITH CLIPS 1 PWR-RPS2300 240162: CISCO REDUNDANT POWER SYSTEM 2300 BLOWER NO 720.00 720.00 POWER SUPPLY 1 C3K-PWR-750WAC 240175: CISCO RPS 2300 75D WAC SPARE AC POWER SUPPLY 590.00 590.00 1 CAB-RPS230D-E 240174: CISCO SPARE RP52300 CABLE FOR CATALYST 0.00 0.00 3750El3560E SWITCHES __.__ __.______-_.-~._.m. 2 GLC-LH-SM-TC 255943: COMPATIBLE GIGABIT LONG HAUL SMF SFP LC 350.00 700.00 ~ ~ TRANSCEIVER WITH LIFETIME WARRANTY __ ~ Subtotal 26,020.OD Freight 0.00 s~ Total (Purchase Order Must Be Fnr this Amount): 26,020.60 Page; 1 of 3 Leash ~g Options Lease rate based on l7nllar Purchase plan. Go to cred'€t application. Months 92 24 36 48 66 Payment 2495.7© 9258.59 $74.27 689.53 579.47 Actual monthly payment is subject at credit review and may be higher or lower than what is displayed above. Payments do not include applicable taxes andlor fees. Shipping information Priority GROUND Carrier UP5 Terms Prepaid & Add FQB Originl5hipping Purchasing Terms and Conditions Shipping Information, Billing Your Freight Carrier's Account: In order to accommodate your shipping preferences, TERACAI wilt make every effort to bill your freight carrier account directly. Sometimes however, we are unable to comply with this reques# due to limitations based on carrier availability, shipment weight, or other aircumstances. When this occurs, TlTI~ACAI wilt ensure that the product is shipped to you in the most economical way possible, and will inform you of any associated costs subject to additional billing. Prepaid & Add: Alt freight charges from Syracuse, NY am separately billed. Warranty Information: New Equipment and- Premise Wiring Product: TERACAI warrants that any item will be in compliance with the original manufackurer's warranty from the date of shipment. Alteration, abuse ar misuse voids all warranties. Some products have extended warranties available or may have warranties exceeding the standards listed. Return Information: A11 returns must be pre-approved, issued a Return INaterial Authorization # prior to returning, and sh'spped prepaid to TERACAI, Returnable items maybe subject to a restocking fee. Opened products, custom cables, bulk cable, connectors, tools, test equipment, configured products, special orders, discontinued items, and items held more than 30 days are not returnable, Payment Information: TERACAI terms are net 3Q far customers with approved credit. An account can be established by submitting a completed credit application. Instant credit will be extended far companies favorably rated by Q&B. To expedite your order and keep order processing costs down, we request orders under $5t7 be billed to your credit card. Buy Basics Qty _ Mlfr l°art ~ Description _~.._~._ Lr .;Unit Price ~xt Price Anticipated Total Credit (Upon' Meeting Terms Of This Agreement}: TOTAL Qtaote Minus 13uv Backs: Person sign'sng below is authorized to approve this purchase. Customer Signature for Qunte Rt)Ut}6167 t3ate Purchase Order Number Ali amounts are in US rlatlars, Prices on new items are subject to manu€acturer price variations. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 9, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 APPEAL SPRAB ACTION FOR CVS/PHARMACY ITEM BEFORE COMMISSION Appeal of the Site Plan Review and Appearance Board's (SPRAB) decision to reduce the number of wall signs proposed for the CVS/pharmacy from four (4) to two (2), pursuant to LDR Section 2.4.7(E). The project is located at 700 NE 6th Avenue. BACKGROUND At the regular meeting on August 12, 2009, the Site Plan Review and Appearance Board voted 6 to 0 to approve a modified Master Sign Program for the CVS/pharmacy, to include two wall signs on the north and south elevations, two free standing signs, egress and ingress signs, and pharmacy enter/exit signs. The sign program presented included wall signs on all four (4) building elevations. The applicant for CVS/pharmacy is formally appealing the decision made by SPRAB to the Commission to allow wall signs on all four elevations of the building as proposed in their application. A copy of the minutes and building elevations identifying the signs and locations are attached for your reference. Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this Section of the code governing signs after making a finding of fact based on one of the following: § Shall not adversely affect the neighboring area § Shall not significantly diminish the provision of public facilities § Shall not create an unsafe situation; and § Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION Staff is recommending Commission support SPRAB's decision to modify the Master Sign proposal reducing the number of wall signs proposed for the project site. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the denial by SPRAB of a request to approve a modified Master Sign Program (LDR Section 4.6.7(F)(2)(b)) for CVS, located at Federal Highway and George Bush Boulevard. This appeal comes before the City Commission on September 22, 2009. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial by SPRAB of a modification to the Master Sign Program. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Pursuant to Section 4.6.7(F)(2)(b), the Master Sign Program provides that the intent of the sign code be maintained and the character of the community not be diminished. Would granting the waiver meet this requirement? Yes No 3. 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. 4. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 22"d day of September, 2009, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk CORPORATE PROPERTY SERVICES, 1NC. 1 239 E, NEWP©RT CENTER DRIVE • SUITE 'i 1 C • OEEFIFIELO BEACH, FLORIDA 33442 August 20, 2009 A~j ! Mrs. Chevelle Nubia City Clerk ~ G ~ ~ZQ~ City of Delray Beach 1110 NW 1ST Ao~enue Delray Beach, FL 33444 I2~: CVS/plia[~acy ~~4(11 700 NE 6"' Aveni[e IDr~la•~[y 13e.bclr, f+`L Appe[rl of'the SP3~A131VIast[~[• Sign Program App[°ov~il Dear Mrs. Nubia: On August 12, 2009, the SPRAB reviewed Item II, A: CVS/pharmacy Master Sign Program, CVS/pharmacy had submitted a request for the following site signage: W atll SSi~a[5 (A) Nortlz and South Elevations: ldenticat signs facing norilz to George Bush Blvd and south over the store czairauce and pazlfing area. Each sign twill be 3 feet high by 24,-b" in length {73.98 s.f.}, surd read "CVS/pharmacy" in red cltanncl letters. (~} East and West Elevations: Identical signs facing east to the parking area arzd NE ~u~ Avenue and west to NE 6a' Avenue. Each sign will be 4 feet high by 39'-11" irl length (147,70 s,f.}, amd read "CVS/pharmacy" in red channel letters with a. boy sign that will read " 24 HOURS". 1<~•eestam[liu~ Siartrs . Two freestanding monuments signs are proposed for this project. One trill be placed jr~st south of George Bush Boulevard on NE 5'~ Avenue and one on NE 6~1 Avenue just north of NE 7'I' Stz~eet. )lath sign twill be double sided, coIared tt~ltite with an iliumiz~ated sign cabinet. The plexiglass faces twill have a tvlute backgraund and the copy will be vinyl. There will be roonr for ttvo tenant panels. "CVS/pharmacy" «~ill have their corporate red copy amd there is room for a firture outparcel tenant. `I`hc signs ttfill be a. n~trimum of 7 feet high amd 10 feet wide {70 s.f.}. Di[-ectional Si ass Tlu-ee directiozlal signs are proposed to assist drivers with safe site circulation. Each sign will be 3 feet high, double sided, non-illuzrzinating ttnlh a sign area of l'-3" by 2'-9" {3.43 s.f.}. CVSlpharmacy was granted approval on all signage except the east and Crest elevation wall signs. On behalf of the CVS/pharmacy, I wozzld like to formally req~rest arz appeal of the Site Piam Review and Appearance Board Master Signs Program's decision, in order to allottf the east and west. tt~all signs. Thazzl~ you far assist~uice `with this matter and please call me at {951) ~12t-5144 if yo~z have any questions. Sit r ~~ Craig McDonrtld Agent for CVS/pharmacy ec: Ms. Andrea Strohmer, Deh'ay Sign Inspector (954] 42E-5'~ 44 • FAX (354] 570-33J'I REGULATORY LAND U5E CCiVSIJLTANT CERTIFIED G~IVERAL CCNTRACTCR GGC ORG4277 ^ T ~ ~~c~ ~~ • I ~~* ~ ~ M ..T y ~ ~n ~ . ~ ^ ~ ~ ~ Y I ' ` ~ 1~-"'~ ^ 1 a O ~~ b 3 ~ - Il 1 ~ .^ _. .~. r~~ .a .~ ~ .- M r i I t ,~ ~~ti' ~ s #~ I pie :ti r S999L . RR ]~ f I r>c- ,, ~ ~~ Isla ~I • ,~ . 1 ~~ ~ ^ ^ ~.~ ~_.~~ r ^ ~. ~~~ ~~ ~~ ^ NI ~ i A ~ ~^ ~- ~I y _- _ - ^ ^ ^ ~~r ~~-- ^ ^ . ~ ' ~: ~~ ~. `* ,' r '~~ = ~. ~` r.. ., r ~~ ^ M M a L~.R ~ _ • ~ _'i 4~ ~~ ~. ~^ ' A ~ ~ ~~ .:. M r _' .~ ~~ .: !' r i ~~ ~ ij~ a ^ ry r a L ` ~ ^ ~i~ ~~ ~ ~~ ~. ~~ '~ '~ ~ ~ ~.~ +~' b •. ~~ ~~. „ ~ ~' ;~~~ ~ ~, ~ .. . ~ ~ . r ~~ a ~'~ M ~! I, . ~ ~ ' r [F a ^ 1 ~ ^' ~ : ~ ^ M ~ ~ r ~ * ~ V~~~ ~ ~ ~ • ?~ ~~~ ~~ ~~ ~ ;: fF ~ ws_ .- .~ ~~~`^{ -_ ^ y • ^ • ~~ ~~ ~i ~~ E F ~ ~ M ~~ ~. ~ ~,~ >. x ~« .~ ~ ~-.ti ,r.. ,, . i ~~ a ~ l.: , i ~S ~~~ ~~~~ ~. r 1 _ '# _~, y+ ~ • s ~ ~. .~.. ~~ ; ~ . ~ : - -- . - - y+ I' ' ' :`r; ~.; :: {~~ S w • •' ' ~•~ d.~~'=~ . +~ !':' ~ ~. ` :r '~i ~_ . r ~ . : r . . : . by - } I• .~.-i . ,1 ~ Draft of the Minutes of the August 12, 2009 SPRAB meeting Item II.A. -CVS/pharmacy Chairman Lynch asked if there had been any ex parte communication on this item. He said he drives by the building daily and Mr. Stray said he did as well, but there was no ex parte communication declared. Ms. Andrea Strohmer, representing the City, stated the item before the Board is consideration of a Master Sign Program for CVS/pharmacy located at 700 NE 6t" Avenue and entered the file into the record. Ms. Strohmer said the Board postponed a decision on this Master Sign Program at their regular meeting of July 22, 2009 at which time the agent for CVS/pharmacy requested consideration four (4) wall signs, three (3) free standing signs and directional signs. The Board postponed a decision due to the following concerns: (1) The applicant failed to show landscaping in relation to the free standing and walls signs; (2) The location of the free standing sign on NE 6`" Ave should be closer to the entrance driveway and the free standing sign at the corner of NE 5t" Avenue & NE 7t~~ Street was not needed; and (3) The wall signs on four (4) sides of the building may be excessive, the wall signs were too large and the need for the "24 HOUR" wall sign was questioned. Ms. Strohmer said the agent for CVS/pharmacy is requesting approval of the Master Sign Program for four (4) wall signs, and two (2) free standing signs, as follows: Wall Sins: All four (4) signs will be flush mounted, illuminated, with red faced channel letters in corporate colors. Two (2) of the signs will have a square box sign that reads "24-Hours" with white letters on a red background. (A) North and South Elevations: Identical signs facing north to George Bush Boulevard and south over the store entrance and the parking area. Each sign will be three foot (3') high by 24' 8" in length (73.98-SF), and read "CVS/pharmacy". (6) East and West Elevations: Identical signs facing east to the parking area and NE 5t" Avenue and west to NE 6t" Avenue. There will be a box sign at the end of channel letters with white copy on a red background. The total sign area is four feet (4') high by thirty-six feet, eleven inches (36' 11") in length (147 sq. ft). The copy will read "CVS/pharmacy" in channel letters and the box sign will read "24 HOURS". FREE STANDING SIGNS: Two (2) free standing monument style signs are proposed. One (1) will be placed just south of George Bush Boulevard on NE 5t" Ave and the one (1) on NE 6t" Ave just north of 7cn Street. Each will be two-sided, colored white, with an illuminated sign cabinet at the top. The plexi- faces will have vinyl copy on a white background. There will be room for two (2) names; "CVS/pharmacy" will have their corporate red copy. The signs will be a maximum of seven foot (7') high and ten foot (10') wide for a total of seventy square feet (70 sq. ft.). The Board is requested to review the location and appearance of the free standing signs, as the applicant is working with the Engineering Department to determine the exact position to assure site visibility. DIRECTIONAL SIGNS: Three (3) directional signs are proposed to assist drivers. Each will be three foot (3') high, two-sided, non-illuminating with a sign area of 1'3" by 2'9" (3.43 sq. ft.). Ms. Strohmer concluded by stating the Sign Staff Review Committee supports the Master Sign Program for the CVS/pharmacy, with the following suggestions: (1) Staff recommends allowing signs on two (2) elevations. Staff does not feel this building is large enough to justify signs on four (4) elevations, along with two (2) illuminating free standing signs. (2) Staff feels the "24 HOURS" signs are not needed on the building, and recommends placing this information in the windows. Applicant's Presentation Mr. David Felton, former President of Corporate Property Services, agent for the applicant, then addressed the Board. He said that they had substantially reduced, as much as twenty-one percent (21%), the surface area of the signs and had eliminated one of the free standing signs. He continued that the "24 HOURS" signs had been reduced from five foot by five foot (5' x 5') to four foot by four foot (4' x 4'). Mr. Felton said they had added the proposed landscaping on the plans, as previously requested by the Board and said he was available for any questions they might have. Public Comments Ms. Alice Finst, 707 Place Tavant, addressed the Board and said the signage on the building was overwhelming and she thought they should just put signs on the north and south elevations. She said it was unfair to the neighborhoods on the east and west to have to look at this signage which would be on twenty-four/seven and that it would be interrupting residential lifestyle. She continued that the monument signs being ten foot by seven foot (10' x 7') were too much and that the signage was just overwhelming and not needed in Delray Beach. Applicant's Rebuttal Mr. Felton stated that this is a massive building on a very large site. He said they have significantly reduced the size of two of the signs and, despite Ms. Finst's personal opinion they were well within the limits of the code. Ct~ff RAh~~tt~l There was none. Board Discussion Mr. Borsos questioned the sign setback requirements and Ms. Strohmer replied that they will be determined by the Engineering Division and when they let her know, if the signs are within the setback, the applicant will need to reduce the sign area to twenty square feet (20 sq. ft.). She explained that the construction and code requirements will have to be met before the Chief Building Official and City Engineer will sign off on the issuance of a permit. There was further discussion about the placement of the signs and Mr. Felton told the Board again that they are working on this with Engineering. There was a discussion of how the placement of the signs might affect the landscaping and Ms. Strohmer stated that if there was a substantial change to the landscaping in the event the signs were placed in a different location than now shown on the plans, a site plan modification for landscaping may have to come back before the Board. Mr. Borsos said that he did not believe the Board should be approving a conceptual plan when there was a potential for the size and placement of the signs to change. He also said that thought the area of the signage was rather small that was being provided for the future tenant in the out parcel. Mr. Gregory explained that the sign is metal faced with cut out letters and the letters are pushed through so the area for the future tenant would look like a painted flat metal surface and they would also probably have push through letters the same size as CVS. Lastly, Mr. Borsos said that the sign code does not allow for the hours of operation of a business to be illuminated and the "24 Hours" on the proposal are to be illuminated. Ms. Strohmer replied that the Board is reviewing the Master Sign Package and hours of operation are usually on the front door. Mr. Borsos stated he objected to the "24 Hours" being illuminated as it was contrary to the code and he believed staff should have required the applicant the submit a Waiver request. He continued by saying that he agreed with staff that four signs are excessive and he agreed that the monument sign on northbound Federal should be closer to the building. Mr. Ames said he also agreed that two signs are enough. Mr. Gregory said that, regarding the free standing signs, the design was fine and the original location agreed upon at the previous meeting was fine. He also said he agreed with placing both signs on either corner, as part of the total parcel. Mr. Gregory said he thought the drawings were amateurish and made for a poor presentation. He said what they had been sold, when they originally agreed upon this project, was a nicely integrated plan with the landscaping working with the sign in a nice area on both ends of the property and now the landscaping was like an afterthought. He said he did not have any problem with the directional signs but he did have a problem with the "24 Hours" signs and said they could have been done with individual letters. Mr. Gregory continued that he did not believe that four signs on the building would make it any more accessible to the public. He said the ones on the north and the south were enough and the other two would be overkill. He said that he would like to see the free standing signs on the original proposal honored because the Board had assured the public and the neighboring residents who were opposed to the building being built in the first place that the sign program would be nice and balanced and the Board had promised that it was not going to be overly commercialized. At this point on the Agenda, Mr. Sanzone joined the meeting (6:25 p.m.) Mr. Stray said he also did not like the change in the monument signs and said they should be placed where they were originally approved, on the angle and on the points. He said he lives in that area and knows when he comes over the tracks towards the building he would see the monument sign on the northwest corner. He said he too agreed that the signage on the east and west sides of the building be eliminated and said he did not want illuminated signs shining all night. Mr. Stray said that he had driven around looking at the "24 Hours" signs at CVS pharmacies and nowhere in Broward or Palm Beach County had he found one sign that had the design that was being proposed for this location. He said they were all in individual numbers and letters, not in the proposed box like sign. He said they should also be in the same font as the other signs. Mr. Stray continued by stating he wanted the Board to be aware of a discrepancy in the number of trees that were shown on the plans versus the number of trees on the elevation that was presented at this meeting. He said that, according to the plans, the trees were going to be planted at a height of approximately eighteen feet (18') which would put them at a height that would put the top of the tree right at the word "pharmacy". He said that the trees would pretty much cover the face of the building and would, eventually, cover the signage. He said he also did not agree with putting the signs in the windows, as suggested by staff. Ms. Strohmer stated that staff actually preferred that the "24 Hours" signs be placed at the entrance. Chairman Lynch said he believed the signs on the east and west elevation were too large as well as the "24 hours" signs, but if they would be eliminated it would no longer be an issue. He then asked about the two banners that were shown on the plans and Ms. Strohmer confirmed that they are only allowed to have one "Grand Opening" banner and that they must get a permit for it. Chairman Lynch reiterated that, if the Board approves a "24 hours" sign, he did not like the format that was proposed. Mr. Ames questioned the building heights shown on the plans, stating that the south elevation was about five feet (5') shorter than the north elevation. Mr. Gregory asked the applicant if there was a reason they could not retain the location of the free standing signs that was originally submitted. Mr. Felton replied that they were waiting on a decision from Engineering as to the location. Ms. Strohmer said that if they were to put the sign on the corner of George Bush Boulevard they may have to reduce the size as there would be a site visibility issue. More discussion followed regarding this issue as well as the "24 hours" signage. Chairman Lynch then stated that it seemed that the Board was going to vote to eliminate the two signs on the east and west elevations and advised the applicant that if they did vote to do so, their only alternative would be to file an appeal with the City Commission. He asked if they would prefer to do that or have the Board table the item again. Mr. Felton said he preferred the Board vote on the item at this meeting. Mr. Sanzone then commented to Mr. Felton that most of the "24 hours" signs he had seen were on pylons. MOTION/FINDINGS It was moved by Mr. Gregory for approval of the north and south wall signs, as submitted, the ingress and egress, "Do Not Enter", pharmacy, enter and exit signs, as submitted, the free standing sign on the southern end of the property, as submitted, to table the free standing sign on the northwest corner and the applicant should resubmit plans on this sign, and omit the two wall signs on the east and west elevations. Mr. Ames seconded this motion. Mr. Stray asked for clarification regarding the sign on the northwest corner and Mr. Gregory confirmed that he wanted to see that sign back in the location shown on the original plans and he amended his motion to include this clarification. Mr. Ames seconded the amended motion. Said motion passed by a 6 to 0 vote (Mr. Youngross absent). Submitted by: Rebecca Truxell, Secretary to the Site Plan Review and Appearance Board MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 14, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 TEMPORARY USE WAIVER REQUEST/H & H FLOORING ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver request to expand the list of allowed temporary uses in LDR [Land Development Regulation] Section 2.4.6(F) and approve a temporary use permit to allow temporary outside storage of landscape material (Foxtail Palms) at the H&H Flooring property located at 2004 North Federal Highway. BACKGROUND The Planning and Zoning Department has received a request from the property owner to store Palms at the site for 9 months. The property is zoned GC (General Commercial) and is within the North Federal Highway Redevelopment Area. Landscape nurseries/outdoor storage of landscape material are not allowed uses within the GC zoning district or the North Federal Redevelopment Area. As the request is of a temporary nature, rather than seek a privately initiated LDR text amendment to add the use (which may not be supportable), the applicant is requesting a temporary use permit in order to temporarily store the Palms on the property for a maximum of 9 months while awaiting delivery to a landscape contractor. The applicant has indicated that these Palms are for wholesale only and that there will be no retail sales on-site. According to the applicant, this issue has arisen from the closure of a landscape nursery in suburban Boynton Beach. The subject Palms have been pre-sold and need to be relocated to a temporary holding facility until the purchasing landscape contractor can install them at a job site. Since the landscape nurseries/outdoor storage of landscape material is not specifically identified in the list of allowable temporary uses provided in LDR Section 2.4.6(F), approval of a waiver is necessary and is now before the City Commission for consideration. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has indicated that the Palms will be stored in the outdoor enclosed area on the south side of the property. This area is enclosed with a 6-foot high wood fence along the east side (Federal Highway) and a 6-foot high chain link fence along the west side (Old Dixie Highway). If the Palms are kept within this area, there should be minimal impact on the neighboring area since there will be no retail sales. However, it would be appropriate to require screening of the storage area along the west side of the property (along Old Dixie Highway). Thus, a condition of approval is attached that the west side of the outdoor storage area is screened (mesh, perma-hedge, hedge, etc.) at a minimum height of 6 feet. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION By motion, approve the waiver to expand the list of temporary uses and approve a Temporary Use Permit to allow the outdoor storage of landscape material for a period not to exceed 9 months at 2004 North Federal Highway, based on positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following condition: 1. That the west side of the outdoor storage area is screened (mesh, perma-hedge, hedge, etc.) at a minimum height of 6 feet. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO A TEMPORARY USE PERMIT TO ALLOW THE OUTDOOR STORAGE OF LANDSCAPE MATERIAL FOR H&H FLOORING AT 2004 NORTH FEDERAL HIGHWAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to expand the list of temporary uses to allow the outdoor storage of landscape material for a period not to exceed nine (9) months at 2004 North Federal Highway has come before the City Commission on September 22, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: LDR Section 2.4.6(F) provides of a list of allowable temporary uses, outdoor storage is not included in the list. The Applicant is requesting a waiver to Section 2.4.6(F) to allow the outdoor storage of landscape material. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request, subject to the listed condition, meet all the requirements of 2.4.7(8)(5)? That the west side of the outdoor storage area is screened (mesh, perma-hedge, hedge, etc.) at a minimum height of six feet (6'). Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 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 waiver request, subject to the listed condition, to LDR Section 2.4.6(F). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 22nd day of September, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Vice-Mayor 2 Sep 1 Z 2009 10s 38 1-IP LRSEIZJET EP}{ H ~I ~~ ~ a~ 200# N. Faders . Deiray E~eaeiw, Ftai Store: X851) 2BS-2808 • lnstal~a~tion: X888) 3?b-960D ~ E To: City v€ Delray Belch 1 QO l~ ~ sI Ave ' I3elxay $each, FL 33444 FRE~~IvI: Richard He ~anct~ ~ ~x CARP~~- ca, ~G. 2004 ~ federal Highway Delray Beach. l~'L 334$3 p.2 . ; . 1Vl~4HA'V1~~' , Hwy. ~s 334SS ~~~ , wward: f~~l a2s-2aaa• Fax: tss~y z~-28Y© ~; Gentlemert~ Flease consider a waiver of Code 2.4.6E to ex as a conditional Use £oz oar properEy to stone mature Foxtail Palm Trees for a period of nin (9)~ mot~,fhs. you. and De Sarzctis ident H Carpet Co., Inc. SEACREST BLVD. ~ Q qve ~ CONTINUING z qU ORCHID LANE ~' ~ 30L f/L Q PRESBYTERIAN a ~ CHURCH & GULF STREAM DRIVE "' ~ CHRISTIAN m ~ SCHOOL w m O ~ 3 ~ 0] ¢ s~ 1bN10?JVO SE CRE T ANE ~ ^ o C? INDIGO F OECARIE STREET rc ~ POINT Vl _ - ~ o w AQUACREST TENNIS ~ POOL SEPCR HOOL COURTS ~ TANGERINE WAY N~~~ S 8 EMERALD ROW ~/ CANARY WALK ~~ ~ ~ w ~l FOOTBALL FIELD N.E. 22N0 LANE Ne z2 BOR ON Ha (qNF VOLKS AGEN - - AVENUE AU SOLEIL _ _ ~ BORTON VOLVO 22ND ; "' STR. N.E. ° rr M ° Q RES ~ N.E. 21ST ST. ~ 4i z M.S.A. TRACT Q ° DELRAY'S ~ I LE ~ LOST DRIVE-IN z N.E. 20TH ST. ~ LL1 N.E. 19TH STREET I- Q VPNE' KOKOMO KEY o > ~ ALLE m ~ 4i N N. E. 17TH ST. ¢ o a ~ ~ U _ Q N Ci O uA war N. E. 16TH ST. J ~ Q M EASTVIEW AVE. ~ ~ ° z (~ RIAR ~ E N. E. 15TH ST. ~ ~ ~ LAKE AVENUE N. 4i U LANE z Q N.E. 14TH Si. (LAKE AVE.) N. E. 14TH ST. ~ ND LN. p' F- Z LAKE AVENUE S. z 3 } = 2 C~ = N z - ~ S~"~,, N SUBJECT PROPERTY H& H F L O O R I N G ` ') ~ 12-43-46-04-00-000-7070 r PLANNING AND ZONING ~~~~~;- DEPARTMENT -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1137_H&H Flooring MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 DELRAY HARBOR CLUB BOAT MOORING REQUEST ITEM BEFORE COMMISSION The item before Commission is consideration of a request from Delray Harbor Club for the Commission to authorize the mooring of a boat along the Knowles Park side of their northern seawall. BACKGROUND Delray Harbor Club is located adjacent to and immediately south of Knowles Park. They have asked to be allowed to moor a boat along the Knowles Park side of their northern seawall. They state that they moored a boat there years ago and this has been verified by some of our older employees. However, we cannot find any record that the City ever approved mooring a boat there. As the attached e-mail points out, under Florida law a waterfront property owner is entitled to an unobstructed view of the water. Thus we have scheduled this request for Commission consideration. An aerial view of Knowles Park and other photos of the seawall area are attached for your information. RECOMMENDATION City Commission discretion. _~-°~ ~ ~- ~~~ ~ ~ ~ t~ ~~r C July 29, 2009 David T. Harden, Manager City of Delray Beach 100 NW 1S`Avenue ~?G f, ri nnA t ' U(rir G~y Deach, ILL ~!J`7T'T Dear Mr. Harden: I~ JUL 31 2000 CITY I~AiVAGER Please accept this letter as our response to your December 9, 2008 letter (copy attached) addressed to the Delray Harbor Club Dockmaster, Russ Dispenza. For the past several months, we have been working with DEP, Army Corp, FIND, and our own Delray Harbor Club Association Board of Directors to obtain all of the required permits in order to move the proposed project forward. Based on informal consultation with Florida DEP, we are confident that our dredging work will not violate the City of Delray Beach's June, 2005 Mitigation Agreement with them. To confirm this, we are sending copies of that agreement to DEP and Army Corp so that they can take it into consideration in granting r'inal approval for our project. Once the North seawall is cleaned up and dredged, we intend to moor a boat there, well forward of the Knowles Park tree line. This will not obstruct the view of park users. In fact, park users and passing Intracoastal boaters will find that the presence of a moored boat in that location adds to their boating experience. Although the Delray Harbor Club has moored boats in this location in years past, we could not fnd evidence of any formal approval by the City Commission. We understood that no formal approval by the City was required. However, we would hope to obtain a letter of "no objection" from the City at this time, so that all bases are covered and ail involved agencies are informed. We plan to complete the requisite underwater biological survey and DEP permit requirements during the month of August. This would allow us to do the cleanup and dredging in early September. The approach from both north and south on the Intracoastal will be much more aesthetically pleasing for ail boaters and tourists navigating Deiray Beach waterways. We hope that you can provide us the requested letter of "no objection" within the next few weeks. We are available to discuss this with you and other City representatives should you wish to setup such a meeting. Sincerely, ,,,~ Sheldon Budnick DHC Marina Committee Chair 1®35 S®l1TH FE®ERAL HICaH11VAl(/ ®i=~R~-Y BEACH, FL®RI®A 33483/(561) 278-0332 Knowles Park Aerial Harden, David From: Pyburn, Terrill Sent: Monday, September 14, 2009 4:01 PM To: Harden, David Cc: Shutt, Brian Subject: FW: Delray Harbor Club Mr. Harden: Brian asked me to research the issue regarding Delray Harbor Club sea wall. In Florida, riparian rights include: 1) the general use of water adjacent to the property, 2) to wharf out to navigability, 3) to have access to navigable waters, and 4) the right to accretions. See, Shore Village Property Owners' Assoc. Inc. y. The State of Florida Department of Environmental Protection, 824 So. 2d 208 (Fla. Ott' DCA 2002). Further, "most notably and apparently unique to Florida, riparian owners have the right to an unobstructed view over the waters." See, Brannon v. Boldt, 958 So.2d 367, 373 (Fla. 2d DCA 2007), citing Thiesen v. Gulf, Fla. & Ala. R~ Co., 75 Fla. 28, 78 So. 491, 507 (Fla. 1917). Therefore, while there was no case law directly on point with regard to sea walls, it appears from the cases that I did find that riparian rights include the right to an unobstructed view for the adjacent property owner and, therefore, the Delray Harbor Club would likely need to request the City's permission before tying a boat to the City's side of the sea wall. Finally, we looked at Section 7.9.5 of the LDRS and did not find it to be applicable in this situation. Please contact me if you have any questions. Terrill Pyburn, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7090 From: Shutt, Brian Sent: Monday, September 14, 2009 12:50 PM To: Pyburn, Terrill Subject: FW: Delray Harbor Club Further info on that r~uestic~n. R. Brian Shutt City Attorney 200 N.W, 1st Avenue i~elray Beech, FL 33444 (5E~1)243-7091 Fax (5~,1)27k3-(1755 shutt aC~.cl.delray-beach.ft. us From: Harden, David Sent: Monday, September 14, 2009 12:17 PM To: Shutt, Brian Subject: Delray Harbor Club MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 2, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 DELRAY BEACH MARINA RATES ITEM BEFORE COMMISSION Consider approval of a request to change the annual per foot rate at the Municipal Marina from $21.00/ft/month to $18.00/ft/month. BACKGROUND On August 7, 2007 City Commission approved a rate increase at the marina from $.45 to $.60/ft/day for non-live-aboard and $.70/ft/day for live-aboard. After the new rate was implemented October 1, 2007, it became apparent that it was difficult to ascertain which renter was live-aboard and which was not. On September 16, 2008 City Commission approved a flat rate of $.70/ft/day or $21.00/ft/month for all renters at the marina. At that time, the marina had 3 vacancies. Since that time, the economy has sharply declined and, at present, we have 11 vacant slips, 8 of whom have given notice in the past 2 months. It is recommended to decrease the rates at the marina in order to increase the occupancy which will increase revenue. With the decline of the economy competition has increased and rates that are set by other marinas are often negotiated to fill empty slips. The City is at a disadvantage because we cannot negotiate the rates at the Municipal Marina. The following changes are submitted for City Commission approval: 1. Change the expiration date on the lease agreement (currently September 30 of each year) to 12 months from date of execution of lease. 2. Change annual rate from $21.00/ft/month to $18.00/ft/month. 3. Offer a discount of one month rental fee if the renter pays the full year up front. 4. If the annual license agreement is terminated before the agreement expires, 50% of the security deposit will be forfeited. In addition, renters who have paid in full will be back charged for the full $18.00/ft/month. 5. Change the minimum rate of 35 feet to no minimum rate. We have had a few prospective renters who owned smaller vessels and felt that the minimum rate was unreasonable. 6. Presently, our daily rate for boaters is $60.00 per day or $1,800.00 per month. Offer a discount of $200.00 for a monthly rental and a $1,500.00 discount on a 6-month rental which would be discounted at the end of the agreement. 7. All dockage fees are due on the first of the month and not ten days later. A late fee of fifty dollars ($50.00) shall be imposed on the fifth day. RECOMMENDATION Parks and Recreation recommends approval by the City Commission to decrease rates at the Municipal Marina. MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: David Harden, City Manager Linda Karch, Director of Parks and Recreation Alberta Gaum, Project Coordinator City Municipal Marina Rates September 2, 2009 On August 7, 2007 City Commission approved a rate increase at the marina from $.45/ft/day to $.60/ft/day for non live-aboard and $.70/ft/day for live-aboard Documentation and a survey had been submitted to the City Manager Apri116, 2007. After the new rate was implemented October 1, 2007, it became apparent that it was difficult to ascertain which renter was live-aboard and which was not. On September 16, 2008 City Commission approved a flat rate of $.70/ft/day or $21.00/ft/month for all renters at the marina. At that time, the marina had 3 vacancies out of 24 slips. As of October, 2008 when the new rate began, the marina had 6 vacancies. Since that time, the economy has sharply declined and, at present, we have 11 vacant slips, 8 of whom have given notice in the past 2 months. A marina survey was done in May 2009 (see Exhibit "A") to compare rates with other municipalities and private marinas located within Palm Beach County, Broward County, and Martin County. Out of the nineteen marinas surveyed only seven allowed live-aboard and three included electric. A reduced rate of $18.00/ft/month mould greatly enhance our competitive advantage. Additionally, we mould offer a discount of one month rental fee if the renter pays the full year up front, which is an added incentive. If the agreement is broken prior to the completion of the year, the renter wnuld be back charged for the full $18.00/ft/month from the beginning of the lease plus 50% of security deposit. Attached is a spreadsheet (see Exhibit "B") comparing rates from $.45 ($13.50/ft/month) to the present rate of $.70/ft/day ($21.00/ft/month). These rates are based on the current occupancy. Reducing the rate to $.60/ft/day ($18.00/ft/month) mould generate an increase in current revenue per month with only three additional renters. In addition, I believe we mould be able to keep present renters from leaving and attract more renters. It is recommended to decrease the rates at the marina in order to increase the occupancy which will increase revenue. With the decline of the economy competition has increased and rates that are set by other marinas are often negotiated to fill empty slips. The City is at a disadvantage because we cannot negotiate the rates at the Municipal Marina. The following changes are submitted for City Commission approval: 1. QZange the expiration date on the lease agreement (currently September 30 of each year) to 12 months from date of execution of lease. 2. QZange annual rate from $21.00/ft/month to $18.00/ft/month. 3. Offer a discount of one month rental fee if the renter pays the full year up front. 4. If the annual license agreement is terminated before the agreement expires, 50% of the security deposit will be forfeited In addition, renters who have paid in full will be back charged for the full $18.00/ft/month. 5. QZange the minimum rate of 35 feet to no minimum rate. We have had a few prospective renters who owned smaller vessels and felt that the minimum rate was unreasonable. 6. Presently, our daily rate for boaters is $60.00 per day or $1,800.00 per month Offer a discount of $200.00 for a monthly rental and a $1,500.00 discount on a 6-month rental which would be discounted at the end of the agreement. 7. All dockage fees are due on the first of the month and not ten days later. A late fee of fifty dollars ($50.00) shall be imposed on the fifth day. If you have any questions, please call me. Exhibit "A" 2009 Marina5urvey-iVlay .. - ---.-._ I - . _.,_.__. _ . .,., _...~ ,........, _.... ~... Marinas ,_____~ __.6 a~+ _ a .._ _... , p, i ~ _..m ~ Q s!1 ~ .Cy 4J ~ W ~ , ~ 3 P. ~ a'. l u'._ ~ it 4 ~ I ~ ' ~ D ~ ~' 7 .~ ~ ~ ~ a Q n°. l= ~ C y ~. -. W lWa _ _ -. Palm Beach.County _--°- _ _ ~ _., __...,,_ ._W~_e .- Municipal _._. _....___ .. ._.. - _ Delray Beach ..._ __.. ~.. $21.00 _ _._.e 24 X _._.. X .. X _ _ X X X - - X _~ Free _.. Boynton Harbor Marina $14.00 23 ~ X X ~ X Lake Park Marina $17.5fl _ 103 - $.11/kwh $20/mo. X X X - X Qcean Inlet Marina ~ $lO.OD 20 Metered X X X Rivera Beach _-~~ _~~~^ -,^~~ Non live-abord ~~ $17.70 ._, _ ~ _ ~ ~ Live-Aboard $14.20 _ 162 X _.,. Metered X _..._-._.. X X X _~ X _~ X __ Pay _ _ _. Private -.~ __.m~. E I € f .~ ESriny Breezes Marina ,.~, - --~,......~. _ _ _, _, _ _ __ _ .~ ~ __,._, 30'-36' max, (flat rate} _. . $11.40 58 X W__ X _ X X ~- m. ClelrayHarborClub __ ~~. --- _ -.n.__- ~, _ _.. _ 31' - 44' __._ $ 2D.D0 -- ._..,~. _~- - __ _.... .-_.._ .v.,___ _.,._.._...~_ Sp' - 5g' _~m, __ $22.DD _..~ 43 - Metered ~ X X X X Pay - WW- Delray Yacht Club - ~ $2S.D0 44 ~- Metered -_.~ Metered X X X __ Laggerhead {South Lantarsa} - ^.~.~~ -_ _l up to 4D' $19.50 ._. _ _,_~_..~ _ ^41 65 _ __. $21.Ofl 8D ~. $.19/kwh X -~ - Loggerhead --- Marina Delray .. .. ~ _____ Palm Beach Yacht Center ~ $16.5D $ZS.OD .._. ~ $7.8.00 -_ 30 . .~~~ 48 ._.__ __ $40/ma . __. Metered M,_,. .. _ X _ X X X x X X X ~ .-_ X Pay X .~____ Palm Harbor Marina ---^~ - .~ _ _ - _. __- Closed foe Renovation .,, - - _ ~.._-- -_~, Sailfish Marina --- _...~._._ __ .._. _W_ 3S' 4S' $25.50 _.. ~___...a, E €. ~ $22.86 __ ._._. __. r - ~ __,,,_.,... -- 4Y _. ~ __ .,. . .. _ _ . ,.. __ . ' SD' 6roward Count $36.11 i Metered X x X ' X X X Fart Lauderdale Winter ~ $33 40 ~ 1 - -- ...., ~ Summer Hollywood Municipal Marina $25.50 1D0 55 x 5 Metered x x E X 3 Pay Non live-aboard ~-----__,. $15.60_ W __~ ~,._._~_ ...- _..~. _. ~ _._ - Live-aboard _.V __~ __... Lighthouse Point Marina 36'-40' m $20.40 __~ $31.17 ~ 1DS __m._,m,___ _ X 12 M `_~ __.X Y -_._,~..... _._X-..~.- ~ x - X - -X X _ _ x ~._..._. ` ' x .., -_ 41'-SD' E $4a.17 x x x x x x x x .,..._ _~_._.~_~ Marina Bay Marina _ up to 4S' ___._..._ ~_.~_ ` __..... _-. _~ $2S,SQ _-...._ __. 0 _ ...,.~..m._ 147 ..., n V. ~Y-Y .__ _ _ Y W $ 12/kwh m ~ .__~ ~- ...__~,M.~ X _ ~ _ .,_ __ ___ X _Jw X _. X _.._~.~_ , .. X _ _ ._ ---...._ .,__,.... up to 65 _-__...------___...w., ., . _._ ~._ Mart'sn County --- ._ .,. $37.5 ____-__~.._,_ .. _... _. ...~..~_.._ _ _ r ~ ~. --. I . .~__.n__ , . .r----- 1 ~ . .____.- -_..... 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O 06 t17 CxT ~' CJ 'd' (D O CiD tL7 trD CST tLT d' M 'd" c1' In V' C~ LLD C+D M t*D C7 °U ~.. N r `~ t~ ~ d "iS ~ -~ a c ~ ~ J3 U n ~ ~ ~ ~ ~' . t], O C1 d~ `~ ~ . < ~~-^^ G N 7 Q> ` ~ Q ~ N C~ V' trD C4 h CfJ CST Q r N C+D d' LC) CO h QO RT O ~c^^ c, N ~ .~ r ~ ~ v 1 t- r ~ ~ ~e""' 'C"" '~."" c^^ c- r ~ N N r~ U} ul L v `.; rll ~.„,,, N ~• ~I n : ~ ~- ~ ~ R' C.F [~- r ~' J ~ %O ~ ~ '~~ L (n ~ .= ¢ •7 L l Sauer, Gerri From: George Aspland [gaspland@earthlink.net] Sent: Wednesday, September 09, 2009 12:25 PM To: Karch, Linda; Gaum, Alberta; Pierpont, Carole Cc: CityManager@MyDelrayBeach.com; McDuffie, Woodier Eliopoulos, Gary; Martie Aspland; Dave Baker; Joe Carey; Preston Claytor; Don & Birdie Cates; Tom & Pat Gmyrek; Doug; AI & Nancy Kober; Janet Maler; Dorthy Miller; Jon & Amy Miller; Bob Rilling; Jim & Sande Strong; Rod » Doris Mathias Subject: Proposed Changes to Ordinance No 47-09 to be Presented on Thuusday Sept. 10, 2009 at the Regular Commission Meeting Dear Ms. Karch, Ms. Pierpont and Guam: I have read the proposed recommendations being made by the members of the Delray Beach Parl<s and Recreation Dept. outlined on page 8 Section 12 (FIRST READINGS:) Sub section D. (Ordinance No 47-09) for the City of Delray Beach Regular Commission Meeting on Thursday September 10, 2009. Your recommendations are FLAWED BY SOME POINTS OF MISINFORMATION and show INSUFFICIENT APPRECIATION OF THE POTENTIAL USE OF THE LARGE BOAT SLIPS in the Delray Beach Marina. FLAWED BY MISINFORMATION: You have prepared memos on proposed changes to Ordinance No 47-09 recommending that the price of the Delray Beach Marina fees be reduced only modestly. The Dept. of Parks and Recreation has based this recommendation on its review of the annual marina rates published by other local Marinas. In today's extremely depressed marina market, Published Marina Rates from Private Marinas are only a starting point from which an annual marina rate is negotiated by a potential renter. Please understand that when looking at published marina rates in today's market it is similar to looking at an automobile manufacturer's suggested retail price; after manufacturer rebates, the government's $4,500 cash for clunkers and 0% financing the actual price is 30% to 50% lower than the suggested price. You are using only the PUBLISHED annual marina rental rates from other marinas as the basis for pricing the annual rates at the Delray Marina. Accordingly, your recommendation to the Commission based on these prices is a flawed recommendation. You were told by several long term Delray Marina residents, Dave and Sheila Turner, Al and Nancy Kober, Don & Birdie Cates and others, the who departed for the Sunset Bay Marina in Stuart, FL that they were saving between $500 and $600 per month in rental fees by moving. A city employee visited the Stuart Marina and confirmed these lower prices which annually save the departing boater $6,000 to $7,200. Nevertheless, you propose a rate change that reduces the rate on a 44- foot boat by only $132 per month. Please re-consider the May 4th recommendations put fourth to you by your Marina Residents of $0.45 per ft / per day ($13.50 per ft / per month) with no advance monthly payments, restrictions or other penalties. As previously mentioned, the occupancy in our Marina is down to only 50%. For the 20 years prior to the rate increase in 2007, the marina was 100% occupied and had a waiting list of upwards of 100 people. After the 2007 increase in rates many long term Marina Residents departed and the city called the 100 people on the waiting list and still, we have an occupancy of only 50%. It is pretty obvious that Delray Beach Marina has missed the market by quite a bit. At the moment, 3 more long term Delray Beach Marina Residents are negotiating with Marinas within 10 miles of Delray for rates lower that the rates we requested from the City in May. These Marina residents will likely be joined by 2 or 3 more which could leave Marina occupancy below 30%. Please consider the Marina is first and foremost a City Park and should be fully occupied, not priced to be half empty. INSUFFICIENT APPRECIATION OF THE POTENTIAL USE OF THE LARGE BOAT SLIPS: 1 You are also suggesting to the City Commission that the minimum boat length of 35 feet be eliminated from the Marina License Agreement to permit small boats. There are several reasons that this is not a good idea: -Each slip cost the government tens of thousands of dollars to build and it would not be economically responsible to put a 10 foot row boat in such an expensive slip. -If you put a 10 foot row boats in the Marina slips, at the proposed new rate, this would generate only $180 per slip per month. -Because these slips are designed for larger boats, small boats cannot be properly tied. In a storm they are a hazard to themselves and others. -Today when a Marina resident goes cruising he must pay the minimum fee on a 35 foot boat. He could now put his 10 foot dingy in the slip and pay only $180. I ask that you amend your suggestions to the City Commission to keep the 35 foot minimum on boats in the Marina and reduce the monthly to rental to $0.45 per ft. / per day ($13.50 per ft / per month). The lower monthly rate should keep the current residents in place and it may well be be sufficient to increase occupancy to former levels. Sincerely, George Aspland Slip No. 9 Delray Beach City Marina 159 Marine Way Delray Beach, FL 33483 Tel: 561-573-0851 Email: ~aspland~earthlinl<.net P.S. Please note that in addition to City employees, City officials, and current Marina Residents, I have also copied some former Marina Residents in the hope that a change in pricing may attract one or two of them back. 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F/-} F/-} F/-} F/-} fC v v - L d LL N N 7 7 C C N N ~ ~ ~ f6 _ _ ~ f6 f6 ~ 7 7 ~„~ C C (p C C ~ a a O O O O O O O O n O O O O O O O O O O O O O O O O O O ~ O O O O O ~ O ~ O ~ N N rl i--I V? ~ ~ ~ ~ L ^~ W Q~ Q~ QN~ I..L U oaoc~~oo yrn~ooN~rn ~oc4~o~N ~o~~o~~ri~~i ~ ~ N N N •~ i 07 N O ~ ~ N ~ C4 ~ ~ ~ M M ~+ I` 00 N ~ ~ 00 ~ M M 07 N M C4 a, 00 00 ~ ~ M N ~ ~ ~ ~ ~ ~ L 07 O 07 07 ~ N ~ ~ C4 N C4 0p N 7 00 ~ ti lf') N ~ ~ N ~ op I` ~ O~ ~ O O ~ ~ ~ ~ ~ N N ~ ~ ~ ~ Q 0 0 0 0 0 0 t O O Lf") Lf") Lf") Lf") ~ ~ ~ M M M M ~ N N ~ ~ ~ ~ LL ~, O O ~ ~ ~ ~ ~ ti ti ~ ~ ~ ~ 0 0 0 0 0 0 ~_ 07 0p I` O Lf") ~ 0 0 0 0 0 0 L 0 0 0 0 0 0 ~ N N N N N N v L (6 L ~` •~ a ~ o +~ C i .~ ~ ; o ~ v 0 0 N 0 0 N O O N 0 0 N O O N m 0 0 N O O O O O O O O O O O O 00 O 00 O N N rl i--I MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 REQUEST/GREEN MARKET RELOCATION ITEM BEFORE COMMISSION City Commission is requested to approve relocation of the Green Market to SE 4th Avenue from October 31, 2009 through May 15, 2010 and to approve a temporary use permit per LDR's Section 2.4.6(F) for the use and closure of SE 4th Avenue from just south of the alley, south of Atlantic Avenue to SE 1st Street, from 6:00 a.m. to approximately 2:00 p.m. BACKGROUND Due to the construction of the Old School Square Park, the Green Market needs to relocate this season and has requested to relocate to SE 4th Avenue. We have been assured through discussions with the developer that work will not start on the Old Library site until after May 2010. The CRA has agreed to assume all costs to get electric power supply and water to this new location. Barricades will be left at specified locations and put in place on Saturday mornings by the Clean and Safe crew. The only Saturday we cannot accommodate this request is February 27, 2010, due to the Howard Alan Craft Festival. RECOMMENDATION Staff recommends approval of the request to relocate the Green Market this season to SE 4th Avenue and granting of the temporary use permit for the street closure contingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement. Pagc 4 of 4 Hi Bob, The Delray GreenMarket opens for its 14~h season on Saturday, October 31 Sf from Sam to 1 pm and then every Saturday for twenty eight weeks through May 15, 2010. As you know, the GreenMarket has to relocate due to the park expansion at Old School Square. The GreenMarket would like permission from the city to close SE 4~r' Avenue, just south of the first alleyway to SE 1st Street for the upcoming season. On Saturdays, GreenMarket set-up begins at 6:00 am and will be cleaned up and the street reopened by 2:00 - 2:30 pm. Most of the businesses on the west side of 4~r' appear to be closed on Saturdays; however there is access through the alleys on both sides of the street. I have spoken to Clayton Gilbert about pulling electricity from the old library for our use; there is water at the site and plenty of parking behind the library. I understand that the Howard Allan art show takes place on the task weekend in February, I will work with Howard on this, and if no space is available for the GreenMarket we will relocate or close for that weekend. Thank you for your consideration in this matter. Lori Nolan deh~ay GreenMarket in the nark 24 N. S~viiiton Avenue Delray Beach, Tloricla 33444 561.276.7511 9/2/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ACTUARIAL SERVICES FOR POLICE FIRE PENSION STUDY ITEM BEFORE COMMISSION The item before Commission is selection of an actuary to use for a review of potential Police Fire Pension Plan changes. BACKGROUND The City submitted a request to the Police Fire Pension Board requesting permission for the Board's actuary to cost out items related to possible changes in the Police and Fire Pension Plan for the City. The Board desired to have a formal request submitted for their review. The attached memo from the City Manager, which provides a listing of potential Plan changes for which the City wanted to have an actuarial study done, was submitted to the Board for their review The Board took the item up for discussion at their September 16 meeting. An email attached from Assistant City Manager and Pension Board member Doug Smith provides a summary of the Board's discussion. The Board agreed to allow the City to use their actuary, but they want to receive the report first, and they wanted to add an item to the analysis. They plan to discuss questions the actuary may have about the study at their October Board meeting. The Commission could proceed with getting a cost estimate from the Pension Board's actuary, or we could retain Gabriel Roeder Smith & Company, the actuary we use for the General Employee's Pension Plan, to perform the study. In my opinion the Police and Fire Pension Board wants an inappropriate level of involvement in this study. So I would use a different actuary, but Commissioner Frankel may have a different perspective. RECOMMENDATION Commission discretion. Memo To: Doug Smith, Assistant City Manager From: City Manager ,•~•3~ Date: August 27, 2009 Re: Actuarial Impact Study of Possible Police and Fire Pension Plan Changes The City Commission would like to have an actuarial impact study done on the following possible changes to the Police and Fire Pension Plan: • Change from a 60% survivor pension benefit to a single life annuity with ten years certain. • Reduce the multiplier from 3'h% to 3% for all service going forward. • Reduce the multiplier from 3'h% to 3% for all new employees. • Change the normal retirement from 20 years of service to 25 years of service. • Terminate the Local Law Plan and start a Chapter Plan the next day. Please request permission from the Police and Fire Pension Board for the City to have the Board's actuary perform these valuations. 1 Smith, ®ouglas From: Smith, Douglas Sent: Thursday, September 17, 2009 9:18 AM To: Harden, David Cc: Safford, Joseph; Shutt, Brian; Pyburn, Terrill Subject: Police-Fire Pension Board Meeting -Sept. 16 At yesterday's Police Fire Pension Board meeting, the Board discussed the request for the Pension Board's actuary (Foster and Foster) to provide the actuarial impact study of possible changes to the plan. Some of the items discussed were as follows: • Steve Cypen felt that with the item on the list to Terminate Local Law Plan and start a Chapter Plan the next day that the City is wanting to change the Board of Trustees • Steve Cypen said that the State Division of Retirement does allow a two tier plan for new employees that were not here at time the contract was entered into • I believe Steve Cypen's position is that changes can't be made to current employees due to our contract (although I think he said something further about this; maybe involving the contract being changed) • Steve Cypen said that the benefit of changes to the plan would not be realized for 10, 15 or 20 years. He also said whatever you do doesn't solve the problem for so many years that by that time it is not a problem anymore. • Jim Tabeek wanted to include in the review having the actuary review the possibility of allowing employees who take early retirement (I think through an early retirement window) to go into the DROP; the Board agreed to add this to the list • On the issue of terminating the Local Law plan, Steve Cypen mentioned that the Division of Retirement allows a stop/start ® Steve Cypen indicated that you could do the things on the City's list for new employees as long as you meet the statutory minimums • It was indicated that the City would pay for the study • The Board approved allowing the actuary to perform the study by a 7 - 2 vote • Further discussion took place regarding having the actuary do a presentation of the study to the Board first and then disburse the report. • Also discussed getting a cost estimate from Foster and Foster for the study and that any questions Foster and Foster has in regards to the study need to come through the Board. Foster and Foster will be asked to provide a rough cost estimate; Foster and Foster will need to provide a list of questions regarding the study items (additional details they will need to know to perform the study) and come to the next Board meeting to discuss (which will be October 14). If you feel that the City should not pay for the additional analysis requested by Jim Tabeek, please let me know; we could see how much additional this would cost. Thanks, Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithd anci.delrav-beach.fl.us Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: September 17, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RFP FOR PROFESSIONAL AUDITING SERVICES ITEM BEFORE COMMISSION This item before the City Commission is a request for approval to issue an RFP (Request for Proposal) for professional auditing services to review the accuracy of Waste Management solid waste charges to commercial customers and the accuracy of the franchise fees remitted to the City for the fiscal year starting October O1, 2008 through September 30, 2009. BACKGROUND The City Commission requested an audit of Waste Management commercial customer charges and franchise fees at a previous meeting. Audit Assignment: Review Waste Management's commercial customer billing records and other records deemed appropriate to verify the accuracy of the rates being charged to the City of Delray Beach commercial solid waste customers and roll-off construction and demolition (C&D) debris container customers by Waste Management for the fiscal year starting 10/01/2008 through 09/30/2009. Review Waste Management's customer billing records and other records deemed appropriate to confirm the accuracy of the amount of franchise fees being collected from the City of Delray Beach Commercial solid waste customers and roll-off construction and demolition (C&D) debris container customers by Waste Management and the accuracy of the actual amount of franchise fees remitted to the City of Delray Beach for the fiscal year starting 10/01/2008 through 09/30/2009. Audit assignment is expected to include preparation of a final audit report detailing the findings and conclusions and presentation of a final report to the City of Delray Beach City Commission. FUNDING SOURCE Funding account numbers for this audit engagement will be assigned once the total fees have been determined upon award of the contract. Funding will come from the Sanitation Fund- Project Reserve Account. The estimated fees should be in the $10,000 to $20,000 range. RECOMMENDATION City Commission discretion to proceed or not to proceed with the audit engagement. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 SELECTION OF NEW DEPUTY VICE MAYOR ITEM BEFORE COMMISSION This item is before Commission to select a new Deputy Vice Mayor to serve until March 25, 2010. BACKGROUND Former Commissioner Mackenson Bernard resigned from the City Commission on August 25, 2009. Pursuant to City Charter Article III, Section 3.08(B)(5), "If a vacancy occurs in the office of the Deputy Vice Mayor, the Commission will then select a new Deputy Vice Mayor". RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 COMMISSION LIAISON ASSIGNMENTS ITEM BEFORE COMMISSION This item is before Commission for the reassignment of former Commissioner Mackenson Bernard's liaison responsibilities. BACKGROUND Former Commissioner Bernard served as the Liaison to various boards, school organizations and representatives. Due to his resignation, the liaison responsibilities must be reassigned. RECOMMENDATION Commission is asked to designate a liaison to the various boards previously covered by former Commissioner Bernard (Seat #4). MEMORANDUM TO: Ma~~or and CitS~ Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, CMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 27, 2009 Below is the list of CitS~ Commission Liaison assignments as amended at the March 26, 2009 Annual Organizational Meeting. BOARD Community Redevelopment AgencX 2nd & 4th Thursday at 5:30 p.m. Commission Chambers Community Land Trust 3rd Thursday at 6:00 p.m. Old School Square Library LIAISON Commissioner Eliopoulos Primary Member Commissioner Fetzer Alternate Member Commissioner Bernard Delray Beach Public Library Commissioner Fetzer 3rd Wednesday at 5:30 p.m. (normally) 2nd Floor Conference Room, Library (Meeting time is currentl~~ 6:00 p.m.; it will change back to 5:00 p.m. in the future) Delray Beach Public Schools City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School's Advisory Committee. The Schools are: Ban~~an Creek Elementary School Commissioner Frankel April 7, 2009, May 5, 2009 and June 2, 2009 @ 6:30 p.1n. in Media Center Spade Elementary School Commissioner Eliopoulos April 27, 2009 @ 4:30 p.1n. in Media Center Plumosa Elementary School Commissioner Eliopoulos April 7, 2009, May 5, 2009 and June 2, 2009 @ 6:00 p.1n. in Media Center Pine Grove Elementary School Commissioner Bernard April 7, 2009 and May 5, 2009 @ 6:30 p.1n. in Media Center Orchard View Elementary School Commissioner Fetzer ~'~` l~e~lne.r~lay of the month @ 6:00 p.1n. in Media Center Page 2 Village Academy Mayor McDuffie April 2 ~, 2009 and May ~ 9, 2009 @ 6: 75 p.1n. in Media Center Carver Middle School Commissioner Fetzer 2nd Thurr~lay of the month @ 6:00 p.1n. in Media Center Atlantic High School Commissioner Bernard Last Tue.r~lay of the month @ 7:00 p.1n. in Media Center Downtown Development Authority Mayor McDuffie 2°d Monday at 12:00 Noon Primary Member Chamber of Commerce Commissioner Eliopoulos Alternate Downtown Marketing Cooperative Board of Directors Mayor McDuffie 4th Thursday at 8:30 a.m. Primary Member Chamber of Commerce Commissioner Eliopoulos Alternate Member Drug Task Force Mayor McDuffie 3rd Friday at 8:30 a.m. Primary Member Chiefs Conference Room, Police Department Commissioner Fetzer Alternate Education Board Commissioner Fetzer 1st Monday at 5:30 p.m. Primary Member First Floor Conference Room, CitS~ Hall Mayor McDuffie Alternate Member General Employees Retirement Commissioner Frankel Committee Meets once every quarter Historic Preservation Board Commissioner Eliopoulos 1st and 3rd Wednesday at 6:00 p.m. Commission Chambers Parking Management Advisory Board Commissioner Eliopoulos 4th Tuesday at 5:30 p.m. First Floor Conference Room, CitS~ Hall Police & Fire Board of Trustees Douglas Smith 3rd Wednesday from 2-4 p.m. in Assistant CitS~ Manager Training Room at Fire HQ or Police Chiefs Conference Room S:ACifi Clerk\AGENDAS\AGENDA 2009\2009-2010 CITY COMMISSION LIAISON ASSIGNMENTS.doc Page 3 Public Art Advisory Board Commissioner Frankel 4th Monday at 6:00 p.m. Environmental Services Department, Administration Building 434 South Swinton Avenue Sister Cities Committee Commissioner Eliopoulos 1st Thursday at 4:30 p.m. First Floor Conference Room, CitS~ Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach Count~gue of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation/ Legislative Sub-Committee Chair Commissioner Bernard Alternate Member The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach CountS~. The General Membership meets once per month (normally the 4th Wednesday) at 11:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 4th Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 David T. Harden, City Manager Urban Administration Committee Member Mayor McDuffie Florida League of Mayors Member Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staf fl (561) 243-7040 Mayor McDuffie Primary Member Commissioner Bernard Alternate Member S:ACifi Clerk\AGENDAS\AGENDA 2009\2009-2010 CITY COMMISSION LIAISON ASSIGNMENTS.doc Page 4 The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12`h floor Conference room at the Governmental Center. Technical Advisory Committee (TAC, staff subcommittee) meets on the 15T Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4`h floor Conference Room, 4E 12, West Palm Beach. Liaison to State Representatives Maria Sachs, District 86 Adam Hasner, District 87 Commissioner Frankel Commissioner Eliopoulos Liaison to State Senators Jeffery Atwater, District 25 Christopher Smith, District 29 Ted Deutch, District 30 Mayor McDuffie Commissioner Bernard Commissioner Bernard Liaison to United States Representatives Robert Wexler, District 19 Commissioner Frankel Ron Klein, District 22 Mayor McDuffie Alcee L. Hastings, District 23 Commissioner Bernard Intergovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner Frankel Primary Member Commissioner Bernard Alternate Member Paul Dorling CitS~ Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for April 30, 2009, July 30, 2009; and October 29, 2009. The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. S:ACifi Clerk\AGENDAS\AGENDA 2009\2009-2010 CITY COMMISSION LIAISON ASSIGNMENTS.doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 21, 2009 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 INTERLOCAL AGREEMENT/CRA/FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES ITEM BEFORE COMMISSION Commission is requested to approve an Interlocal Agreement between the City and the CRA for the funding of construction costs and professional services for certain projects. BACKGROUND Attached is the proposed Interlocal Agreement for the funding of construction costs and professional services for certain projects, located in the CRA district, as listed on Exhibit "A" attached to the Agreement. The CRA shall provide such funding to the City upon bid award to the contractor. The Agreement further provides that the City will first obtain the consent of the CRA prior to issuing a change order for a cost increase and if the project comes in under the amount paid by the CRA a refund will be issued to the CRA. RECOMMENDATION Staff recommends approval of the interlocal agreement, contingent upon the CRA Board approving this agreement at its September 24, 2009 meeting. Meeting Date: September 24, 2009 Agenda Item: Summary INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR FUNDING CONSTRUCTIONIPROFESSIONAL SERVICES The implementation of many of the projects contained in the CRA Plan, particularly the public infrastructure projects resulting from the Downtown Master Plan and Southwest Neighborhood Plan, require a joint City1CRA effort. The typical arrangement involves the CRA funding all or a portion of 'the project, and the City's Engineering or other staff overseeing the bidding and construction processes. Once funded, the projects are included in the City's CIP (Capita{ Improvement Plan). Each year the City and CRA enter into an interlocal agreement to formalize the CRA's commitment to fund the specific projects {copy attached}. This year's projects include the fallowing; Recommended Action: Approve the interlocal Agreement with the City of Delray Beach far funding of Joint Projects for Fiscal Year 200912070, subject to approval of the City and CRA budgets for Fiscal Year 2009 - 2010. Submitted By: Jeffre A. Castello Assistant Director Funds will be transferred to the City at the time that a contract is awarded for each project. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTIONIPROFESSIONAL SERVICES TH15 AGREEMENT is made this day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the ~~C~„ WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA, The CITY shall submit the written request to the CRA prior #o the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The C[TY and the CRA agree and acknowledge that the approval of a change order does not require an amendmen# to this Agreement. 4. The term ofi this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other parley of its intent to terminate this agreement, or fi0 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit °A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreemen#, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY reguires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and ail funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 2 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of ali activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph far projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.D1(11) of the Florida Sfatufes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Cleric. 3 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Nelson McDuffie, Mayor COMMUNITY REDEVELOPMENT AGENCY Diane Cofonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH By; Howard Lewis, Chair The foregoing instrument was acknowledged before me this day of , 2009,. by , as (name of officer or agent, title of officer or agent), of {name of corporation acknowledging}, a (state or place of incorporation) eorporatian, on behalf of the corporation. HelShe is personally known to me or has produced {type of identifcation) as identification. Notary. Public -State of Florida DNT:dnt H:120a6t0600'EB (JBCRAIAGMT 2QOSIILA Construcl3on Professional Services 9-t-OS:doc 4 EXHIBIT A Fiscal Year 2009-2010 Projects Project Name Amount of CRA Fundin A West Atlantic Avenue Beautification Medians $ 70,000.00 B Gatewa Feature Public Art Project $ 448,800.00 C Cultural Loo IMLK; Jr. Drive Beautification $ 750.,000.00 D Blocks 19 & 20 Alle s $ 150,000.00 E SW 14 Avenue Beautification $ 20,000.00 F NW 12 Avenue Beautification $ 200,000.00 G SW 2nd AveIVV Atlantic Ave Si nalization $ 25,000.00 H US1 & Dixie Connector Street $ 150.,000.00 I SW 12 Avenue Beautification Desi n $ 150,000.00 J SEINE 1S Street One-Wa Pair Conversion $ 200,000..00 K SW 2~ Street Beautification $ 250,000.00 L Munnin s Cotta a Spad Museum Com lex $ 250,000.00 M Bus Shelters $ 150,000.00 N Downtown Parks $ 500,000.00 O SEINE ~t & 6 Avenues (US 1 Corridor) -Design $ 100,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RESOLUTION N0.47-09 (FINAL MILEAGE LEVYI ITEM BEFORE COMMISSION The Commission is requested to consider Resolution No. 47-09, which levies a tax on all properties in the City of Delray Beach for FY 2010. The final operating millage rate proposed for FY 2010 is 7.19. BACKGROUND The final FY 2010 operating millage is 7.19, while the final FY 2010 debt service millage is 0.5316. The assessed valuation on all taxable property within the City for operating purposes is $7,081,215,623. The assessed valuation for debt service is $7,082,858,399. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. RECOMMENDATION Recommend approval of Resolution No. 47-09 -Final Millage Levy for FY 2010. RESOLUTION NO. 47-09 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.1900 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2009, and ending September 30, 2010. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $7,081,215,623. The operating millage rate of $7.1900 per one thousand dollars ($1,000.00) is less than the rolled back rate of $7.3833 per one thousand dollars ($1,000.00) by 2.62%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $3,576,985. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.5316 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2009, and ending September 30, 2010, upon the taxable property of the City of Delray Beach, the assessed valuation being $7,082,858,399. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended Section 4. That public hearings mere held on the budget on September 10, 2009 and September 22, 2009. 2009. PASSED AND ADOPTED in regular session on this the 22nd day of September, MAYO R ATTEST: City Clerk 2 RES. N0.47--09 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RESOLUTION N0.48-09 (FINAL MILEAGE LEVY/DDAI ITEM BEFORE COMMISSION The City Commission will consider Resolution No. 48-09, which levies a tax in the amount of 1.0 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2010. BACKGROUND The final millage rate of 1.0 for the DDA will not increase from FY 2009 and is 16.55% below the rolled-back rate (1.1982). The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $497,749,626. A copy of the DDA's budget for FY 2010 is attached. RECOMMENDATION Recommend approval of Resolution No. 48-09 -Final DDA Millage Rate for FY 2010. RESOLUTION NO. 48-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of X1.0000 per one thousand dollars 01,000.00) of assessed valuation is hereb~~ levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2009, and ending September 30, 2010. There shall be and hereb~~ is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is X497,749,626. The operating millage rate of X1.0000 per one thousand dollars 01,000.00) is less than the rolled-back rate of X1.1982 per one thousand dollars 01,000.00) by 16.55%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the budget on September 10, 2009 and September 22, 2009. PASSED AND ADOPTED in regular session on this the 22nd da~~ of September, 2009. MAYOR ATTEST: CitS~ Clerk RES. NO. 48-09 ~~~~ ~~~~~~ ~~~ .__~ Giry of Delray Beach, Florida DDA Budget Highlights 2009-2010 July 20, 2009 Revenue: 1 mil tax revenue decrease over last year (est.) Expenses: Decrease /Increase by line item: Delray Beach Guidebook Pineapple Grove Arts District Western Gateway (WARC) Promotions & Grants Other Special Events & Marketing Net P~'int IVlarketing & Advertising '~ see attached breakdown Other Marketing & Economic )bevelopment $ (67,058) $ (4,536) $ 5,000 $ s,ooo $ (1.,500) ~ (5,000) $( 65,197) $ (5,036) Net reduction of expenses over est. year end $ (70,489) * Net Print Marketing & Advertising analysis: Other Misc_ Design & Printing $ (2,000) Art & Culture Magazine $ (5,450) Convention & Visitors Bureau+ webs $(14,000) Boca Mag -Florida Table +websites $ (2,265) llinrng Out Magazine $ (1,000) Visit Florida +websites ~ (3,179) Where Hotel Guest Book ~ (1,115) Palm Beach Illustrated $ (4,380) Southern Living Magazine + websites $ (4,492) ',Travel Host/Clubhouse/Oceanfront $ (4,500) PG/W,A Marketing & Development $ (7,000) Visit Fla llowntowns & Small Towns netxnv RFAC-H $(15,493} '~~! All-pmerlp GI-ry ' 6'1-ASE FrFthAve:nue, lle.lray F3c~ch, PL i3~183 - Tel 5~i1278,p4 2=~ - ~~.x: Sfil.?7H.055J ~ I r www.D~.v~ nLO~ nnclra} BC~II ~.cc~rtl Downtown Develo ment.4uthori Income & Ex enditure to 6/30/09 + Year end & Bud et upaeicd ~rvilo9 Income & Expenditure 2 c 2008/09 opose u ge 3 c u o ae 4 u ge o ae Over)/ n er u ~e s ~ma a Proposed ge Ad e i > > 2 ~70 Int 2 > > 4 ~~, ellan us In av Ea enditures .M. ntri 1 > > 22 Ex i 1 > > > 4 B in F 14 > ~ b p ~ 1 > e and cri i 1 > ~ 2 9 Siren u D > ~ > > ili ranc > , IS , ra.i ee > > ~ > 1 4 nfe M & 20 > > > Offic lie 'rs ~ 21 ~ > S Pos rin i 2 } > > > 2 ~ s D B 'de H Tree st Ni ~ > > > > le e W rn a 4 5,000 er mos ants 6,500 R m D > ~ ~ ~ , Oth i 1 s & > > I> > Ne ark & A > , , , l 3 162,64 Mark is > 0 (~~ 3 q 4.0,000 s ota xpenses 5 , 1 4 73,1 Rev er er Funds Bti+~vd October 1$t 11,359 11,359 11,359 11,359 Tpta! Funds carried fwd 11,359 12,608 69,571 13,285 13,107 Dare' 7/192009 4:32 PM Pagc_ I na s~15 Actu DA ar tyn A ve nc ve rkebing AdvertlsiAg Reserve 'ntin M nthly C lenders Pri isc & & J Ma etin Downtown News er er Misc Desi Printin rtin , ~'rom Actual ~ 3,33 otions & Grants at 6/30/ 2 8/09 Artuat Budget 2008/0 Ansl sin 6 013 7 500 9 158 00 5 5 6 040 10 45 1 00 U9 + Est Yr end st~mat 7, 1 > 158 S, 85 1 ,000 ecc ~uVSi-tu l3uu ropose q get _ 7 800 00 6,00 10,000 Art Culture a 'ne Airtran fli t ine se Other Co ntion Visitors reau Delray 13oca & FI Tahle M s 450 2 17 27 2 5 3 0 20 0 l 00 ~~ 2 ,000 27>Z6S 0 10,000 25.000 Dining Out i 000 1 0 1, 0 V~ it Flori Vacation Guide & b 2 l7 18640 2,179 19.000 Gues Inform Where est Boo 6 4 6 1 000 > 1$ 8,000 Palm Be ch Illus ted 4 3$0 3 4, 0 outh vin M ine ~. 492 30 00 $>4~~ 24,000 T vel Host/Clubhse Livine/Oce front V ide_ oyinema & Ty 7 80 5 25 1 1 000 9 00 0,440 > 1 5 7 000 We~site Other Misc. Ads rktn 4 40 2 204 004 3 00 6>S3 Zn2 0 900 0 V" itor's In ation tEr 504 ,6$5 PG/WA Mar & 17ev ment 5 812 3 7,0 0 Co-a tive Adv isin -S em -o A isin~ - Fl Down & S 11 500 35 3 520 3 00 3,500 35, 17,5, her Co-o native Adv isinu 4 8,39 00 Total Payments to ate ens Co-operative Income , 0 2,3 00 2 7 7, , ,500 Net Mar r ng sing ex ease to d ate ,009 204,6 2Z ,837 162,64 Mince igneous rom~tione & Greats Gar is Festi- via ~ 50 0 Green arket 1,Z5 1, Sian Festiva De ra $e~,~°i~Festw~a~~ 750 1,250 B amian Cultw estiva ~ncoDaMayo 750 750 Communi Nei rhood 75 Delray ~uzens or o Ice 750 75 Dots ( 1, 00 2004 0 Se ace 0 Community C ~ Care Center _ Pineap~e Grove 1,250 75 ~ t. atrick's ay P~~ 50 750 EPC+C pad - tar ~gllt Ga a 1,25 D. . Histonca ocle - enta~e Fa-r ila~ra~oncert Senes Fire~glnters Annua Ili Coa -out 750 otal Payments 5 12,0 ,000 TotaT~x eases /fwd 2 , 6 19 9 6,660 Z35 1 ,140 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 18, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RESOLUTION N0.49-09 (FINAL BUDGET ADOPTION FOR FY 20101 ITEM BEFORE COMMISSION The City Commission will consider Resolution No. 49-09, which provides for appropriations of sums of money for all necessary expenditures of the City for the period from the 1st day of October, 2009 to the 30th day of September, 2010. BACKGROUND The FY 2010 Budget appropriations are set forth in "Exhibit A" of the attached Resolution No. 49-09. The final budget utilizes an operating millage rate of 7.19 and a debt service millage rate of 0.5316. The final millage rate will be determined by the City Commission prior to final adoption of the budget on September 22, 2009 by adoption of Resolution No. 47-09. All recommended amendments have been addressed and included in "Exhibit A." Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the final budget. RECOMMENDATION Recommend approval of Resolution No. 49-09 -Final Budget Adoption for FY 2010. RESOLUTION NO. 49-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2009, TO THE 30th DAY OF SEPTEMBER, 2010; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit ",~1", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 2009, and ending the 30th day of September, 2010, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the CitS~ Commission to be available in the period commencing the 1st day of October, 2009, and ending the 30th day of September, 2010. Section 3. That all balances of the appropriations payable out of the General Fund of the CitS~ Treasury unencumbered at the close of business on the 30th day of September, 2009, except as otherwise provided for, are hereby declared to be lapsed into the CitS~ Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 2009. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 2009. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the CitS~ Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the CitS~ Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the budget on September 10, 2009 and September 22, 2009. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 22nd day of September, 2009. MAYOR ATTEST: City Clerk RES. N0.49-09 Exhibit A Budget Summary DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 621,210 390,930 318,720 1,330,860 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 7.1900 48,368,245 0 0 0 48,368,245 AD VALOREM TAXES 0.5316 3,576,985 0 0 0 3,576,985 AD VALOREM-DELINQUENT 168,000 0 0 0 168,000 AD VALOREM - DDA ~.ooo0 0 472,870 0 0 472,870 Sales & Use Taxes 1,300,000 0 0 0 1,300,000 Utility Taxes 4,546,960 0 0 0 4,546,960 Other Taxes 4,140,000 0 0 0 4,140,000 Franchise, Licenses & Permits 9,905,210 0 21,500 0 9,926,710 Intergovernmental 5,814,220 0 3,250 4,497,013 10,314,483 Charges for Services 8,565,380 0 44,153,750 0 52,719,130 Fines & Forfeitures 821,700 0 0 53,000 874,700 Miscellaneous Revenues 5,363,720 2,000 232,040 499,190 6,096,950 Other Financing Sources 3,445,350 0 100,000 989,620 4,534,970 TOTAL REVENUES AND OTHER FINANCING SOURCES 96,015,770 474,870 44,510,540 6,038,823 147,040,003 TOTAL ESTIMATED REVENUES AND BALANCES 96,636,980 474,870 44,901,470 6,357,543 148,370,863 EXPENDITURES/EXPENSES General Government Services 9,445,460 0 0 0 9,445,460 Public Safety 53,557,180 0 0 793,692 54,350,872 Physical Environment 559,380 0 26,382,190 0 26,941,570 Transportation 3,254,510 0 0 373,750 3,628,260 Economic Environment 7,583,390 473,120 0 2,832,871 10,889,381 Human Services 64,250 0 0 792,850 857,100 Culture & Recreation 13,627,760 0 3,828,330 1,059,250 18,515,340 Debt Service 5,173,480 0 6,841,680 0 12,015,160 Other Financing Uses 3,371,570 0 6,223,540 0 9,595,110 TOTAL EXPENDITURES/EXPENSES 96,636,980 473,120 43,275,740 5,852,413 146,238,253 Reserves 0 1,750 1,625,730 505,130 2,132,610 TOTAL EXPENDITURES AND RESERVES 96,636,980 474,870 44,901,470 6,357,543 148,370,863 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 10.C1 -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 APPROVAL OF THE FIVE YEAR CAPITAL IMPROVEMENT PLAN ITEM BEFORE COMMISSION The action requested of the City Commission is that of adoption of the proposed Capital Improvement Plan (CIP) for FY 2010 - FY2014 and acceptance of the Planning and Zoning Board's finding regarding consistency of the proposed Five Year Capital Improvement Plan and FY 2010 Capital Improvement Budget with the Comprehensive Plan. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The proposed CIP (FY2010 - FY2014) is organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. There is overall consistency of the proposed CIP with the Comprehensive Plan. The Items contained in the Five-Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. REVIEW BY OTHERS The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A-3.3 and A-3.4. The Planning and Zoning Board will consider the request at its September 21, 2009 meeting. The Board's Finding will be presented at the City Commission Meeting. RECOMMENDATION By motion, accept the Planning and Zoning Board's finding regarding consistency of the proposed Five Year Capital Improvement Plan and FY 2010 Capital Improvement Budget with the Comprehensive Plan and adopt the proposed Capital Improvement Plan (CIP) for FY 2009-10 - FY2013-14. EXISTING 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 RECREATION IMPACT FEE Atlantic Dunes Exotic Species Repl 0 0 160,000 0 0 NW 1st Avenue Park 78,800 0 0 0 0 Oakmont Park Improvements 78,800 0 0 0 0 TOTALS: $157,600 $0 $160,000 $0 $0 BEAUTIFICATION TRUST FUND Computerized Irrigation Syst-Pks Medians 50,000 50,000 50,000 0 0 TOTALS: $50,000 $50,000 $50,000 $0 $0 COMMUNITY DEVELOPMENT FUND Hope III Acquisitions 17,330 17,330 0 0 0 Ship Program-State Grant 568,630 551,571 535,024 518,973 503,404 Western Settlers' Grant Program 55,000 0 0 0 0 Beacon Ctr -Village Program 777,310 816,176 856,984 899,833 944,825 Disaster Recovery Initiative 0 800,000 0 0 0 Planning Administration 99,960 102,959 106,042 109,223 112,499 Housing Rehab -Federal Grant 252,630 235,440 235,440 235,440 235,440 Unsafe Bldgs, Land Acqu, Bike Paths, Neighborhood Resources 137,540 150,000 163,430 143,469 125,000 Grants and Aids -Federal Grant -Economic Development 86,500 19,564 0 0 0 Neighborhood Housing 182,980 185,710 186,000 186,000 185,296 TOTALS $2,177,880 $2,878,750 $2,082,920 $2,092,938 $2,106,464 BEACH RESTORATION FUND Beach Renourishment-Fill Placement 0 0 0 7,250,000 0 Beach Tilling 0 0 0 0 15,130 Construction Surveys 46,690 47,860 49,770 51,760 53,840 Environmental Construction 0 0 265,000 265,000 68,500 Final and Construction Engineering 0 0 93,000 70,000 0 Final Engineering/ Bid and Negotiation 0 0 23,500 0 0 Other Expenses 7,050 7,050 7,050 7,050 7,050 Sea Turtles Monitoring 38,750 38,750 38,750 40,300 41,510 Update Geotech/Preliminary Study 428,500 0 0 0 0 Yearly replacement (snow fence) 8,000 8,000 8,000 8,000 8,000 TOTALS: $528,990 $101,660 $485,070 $7,692,110 $194,030 GENERAL CAPITAL IMPROVEMENTS Atlantic Dunes Boardwalk completion 0 80,000 0 0 0 Bleachers-Community Center-Replace 0 0 55,000 0 0 Block 20 Alley Improvements 110,000 0 0 0 0 Block 32 Alley Improvements 0 0 130,000 0 0 Building Maintenance Annual Program 151,800 235,800 185,800 235,800 190,800 Bus Shelters (12 shelter throughout city) 322,000 0 0 0 0 Carpet Replacement -Police Dept 0 65,000 0 0 0 City Hall A/C System Upgrade 50,000 0 0 0 0 Clay Court Rehab-Tennis Center 60,000 60,000 60,000 60,000 60,000 Computers and Related Equipment-Replacement 110,000 110,000 150,000 150,000 150,000 Disk Storage Space Increase-Finance/IT 60,000 0 0 0 0 Dixie Hwy-US 1 Connector (NE 22nd Lane-constr) 150,000 0 0 0 0 East Atlantic Avenue -resurfacing 104,000 0 0 0 0 Exchange Archiving Software-Finance/It 0 63,000 0 0 0 Family Recreation & Fitness Center Furniture & Fixtures 0 283,910 0 0 0 Family Recreation & Fitness Center-constr facility 0 11,937,580 0 0 0 Federal Highway Beautification-Phase 1 360,000 2,400,000 0 0 0 Federal Highway Beautification-Phase 2 0 0 330,000 3,300,000 0 Federal Highway Beautification-Phase 3 0 0 0 225,000 1,500,000 Fire Rescue Training Center 0 0 370,000 580,000 75,000 Fire Sprinkler & Alarm System -80 Depot Avenue- Fire 0 40,000 0 0 0 Fire Station #1 Entry and Courtyard Improvements 0 0 0 0 372,600 Fire-Station #1 Hardening Study/Const 0 0 60,000 330,000 0 Gateway Mini Parks - W Atlantic Ave-195/SW/NW 12th Ave 1,300,000 0 0 0 0 Generator Upgrade-Fire Rescue Headquarters 0 0 0 15,000 250,000 In-Car Audio Visual Cameras-Police Department 0 150,000 150,000 150,000 90,000 Internal Building Data Cabling-Replace 42,500 0 0 0 0 Laptop Computers-Police Dept-Replace 0 395,250 170,000 0 0 Livescan Software System-Police Department 35,000 0 0 0 0 Martin Luther King Drive Improvements 296,000 0 0 0 0 Mobile Vehicle Laptops-Fire-Rescue Vehicle 0 0 112,500 112,500 0 Mobile Vehicular Radio Repeaters-Fire 0 125,000 50,000 50,000 0 Motorola 3.0 Radio System-Replacement 0 6,000,000 0 0 0 Naviline Software-Finance/IT (Window based HTE) 0 170,000 0 0 0 NE 8th Ave pavement -North of Bond Way 0 0 0 0 86,000 Neighborhood Enhancements/Improvements 0 0 0 0 246,000 Office Expansion/ Parks Maintenance 0 0 105,000 0 0 Old School Square-Window Replacement 647,400 0 0 0 0 Omnitrak Latent work station equip-Police Dept 0 114,000 0 0 0 Osceola Park Improvements 394,250 394,250 0 0 0 Parking Lot Refurbish-Police Department 0 0 0 0 100,000 Pinea le Grove Sidewalks 0 0 173,000 0 0 CI-28 EXISTING 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Pocket Parks-Construction 0 0 0 50,000 50,000 Police Dept -Lobby Renovation 0 0 0 0 49,500 Police Dept - Repl Van's platform 0 0 155,510 0 0 Railroad-Crossing Annual Rehabilitation Program 95,000 96,750 130,000 114,000 115,473 Range Ballistic Backstop-Replacement Police Dept 0 45,000 0 0 0 SE 2nd St - S Swinton Ave to FEC x-ing 0 0 0 344,000 0 Seacrest Blvd-NE 8th St-Gulfstream Blvd-St Reconst 0 0 0 0 417,000 Second Floor addition-outside Evidence Rm 0 0 0 307,500 0 Server Replacement- Software Upgrade 0 550,000 0 0 0 Shade Systems -Pompey Parks 0 0 44,000 0 0 Sidewalks/Bike Paths 0 50,000 50,000 0 110,000 Skid Car for driver training-Police Dept 0 45,000 0 0 0 Software integration Application-Police Dept. 1,197,420 0 0 0 0 Special Events Response Vehicle, new-Fire 0 0 0 0 25,000 Street Light Poles-Replacement 0 40,000 40,000 40,000 40,000 Street Resurface/Reconstruction-yrly program 75,000 175,000 175,000 175,000 175,000 SW 12th Avenue/Auburn Imprv 1,500,000 0 0 0 0 SW 14th Ave - SW 2nd st to SW 1st St & Alleys 453,700 0 0 0 0 SW 1st Ave - SW 1st St to W. Atlantic Avenue 0 0 0 0 449,500 SW 29th St-SW 22nd Avenue Sidewalks 288,000 0 0 0 0 SW 2nd Avenue@West Atlantic Signalization 330,000 0 0 0 0 Teen Center Renovation 0 50,000 0 0 0 Telemetry Installations-City Emergency Generators 0 25,000 0 0 0 Telephone System-Fire-Rescue Facility -Replace 0 0 100,000 0 0 Traffic Calming -Annual Improvements 0 0 0 230,000 Training Room Remodel-Police Dept 0 0 55,000 0 0 Veterans Park Master Plan 45,000 0 0 0 0 VMware Server Replacement 0 0 0 125,000 0 TOTALS: $8,177,070 $23,700,540 $2,850,810 $6,363,800 $4,781,873 CITY MARINA FUND Pump Out Station 44,420 0 0 0 0 TOTALS: $44,420 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY ESD-Compound Screen Wall 0 125,000 0 0 0 Greenbriar Dr Sewer-new sanitary sewer sys 0 269,000 0 0 0 Lab Information Mgmt System for ESD Lab 27,000 0 0 0 0 Reclaimed Water Distribution/Customer Connection 0 150,000 150,000 150,000 150,000 Reclaimed Water Master Plan 0 0 0 0 0 Reclaimed Water Transmission System 2,100,000 1,304,294 2,350,000 2,350,000 2,327,883 Sludge Thickener (new) 800,000 0 0 0 0 Telephone System -new 0 125,000 0 0 0 TOTALS: $2,927,000 $1,973,294 $2,500,000 $2,500,000 $2,477,883 WATER/SEWER RENEWAL & REPLACEMENT FUND Block 32 Water Main Improvements 0 0 116,300 0 0 Computer Equipment annual replacement 25,500 0 0 0 0 Delray Shores water main upgrade 0 0 0 768,450 768,450 Eldorado Lane & Sunshine Dr.-Water Main upgrades 0 0 0 490,650 Elevated Storage Tank Maintenance 17,000 17,000 17,000 19,000 19,000 Federal Highway Beautification -Phase 3 0 0 0 397,000 Federal Highway Beautification-Phase 1 15,000 100,000 0 0 0 Federal Highway Beautification-Phase 2 0 0 388,500 0 Hydrant Maintenance 25,000 25,000 25,000 0 0 Internal Building Data Cabling-Replace 42,500 0 0 0 0 Laboratory Chromatography Unit Repl 55,000 0 0 0 0 Lake Drive Water main upgrades 0 216,000 0 0 0 Lift Station Rehabilitation #107,85,94A,26A 65,000 65,000 65,000 65,000 65,000 Lift Station Upgrades along Congress Ave 45,000 45,000 124,000 0 0 Lowson Blvd Force Main Replacement 0 0 310,000 0 0 NE 2nd Ave Water Main Repl 0 0 0 0 279,000 NE 3rd Aven Water Main Upgrade 0 0 86,000 0 0 NE 8th Avenue -North of Bond Way-extend Wtr Main 0 0 0 0 86,000 NE 8th Avenue-Water Main Upgrade 386,850 0 0 0 0 North Lake Ida Area-wtr main upgrade 0 469,334 235,166 0 0 NW 4th & NW 4th Avenue-wtr main upgrade 0 0 593,000 0 0 Osceola Park 100,000 850,000 0 0 0 Production Well Rehabilitation 100,000 100,000 100,000 100,000 100,000 Sanitary Sewer Main Rehabilitation 150,000 150,000 150,000 150,000 150,000 Sanitary Sewer Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Seacrest Blvd-NE 8th St Gulfstream Blvd-Wtr Main 0 0 0 0 35,000 SW 10th Ave - SW 2nd St to W Atlantic Ave 0 0 0 0 403,000 SW 12 & 13 Avenue Water Main 350,000 0 0 0 0 SW 1st AV & SE 4th St to SE 2nd St main upgrade 0 0 0 238,600 0 SW 1st AV & SW 4th St-wtr main upgrade 0 0 93,000 0 0 SW 3rd St, SW 3rd Ave,SW 6th Ave wtr main upgrade 0 435,000 435,000 0 0 SW 6th Street Water Main 93,000 0 0 0 0 SW14th Ave-Wtr Main upgrade 0 0 0 0 114,900 Transfer to Gara a Fund Hoist Re lacement 40,000 0 0 0 0 CI-29 EXISTING 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Utility Asst ManagemenUWrk Order System 150,000 0 0 0 0 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000 Water Meter Replacement 150,000 150,000 150,000 150,000 150,000 Water Service Relocations 25,000 25,000 25,000 25,000 25,000 Water Valve Replacement 36,000 36,000 36,000 36,000 36,000 Wet Well Rehabilitation of Bldg Lift Station 70,000 70,000 70,000 70,000 70,000 WTP -Vacuum drum Filter Rehabilation 215,000 0 0 0 0 TOTALS: $2,280,850 $2,878,334 $2,755,466 $2,626,200 $2,823,350 MUNICIPAL GOLF COURSE Machinery/Equipment( <$25,000) 69,500 70,000 75,000 80,000 85,000 Other Improvements(<$25,000) 22,800 25,000 25,000 25,000 25,000 Debt Service 413,980 409,550 409,220 406,260 409,750 Debt Service-Cart Lease 35,450 35,450 8,900 0 0 TOTALS: $541,730 $540,000 $518,120 $511,260 $519,750 LAKEVIEW GOLF COURSE Debt Service-Bonds 249,900 220,140 223,720 223,291 225,390 DebtSeroice-Cart Lease 26,180 31,610 31,610 7,900 0 Lakeview Green Renovation Project 0 0 0 0 0 Other Machinery & Equipment (<$25,000) 5,400 5,000 5,000 5,000 5,000 TOTALS: $281,480 $256,750 $260,330 $236,191 $230,390 STORMWATER UTILITY Allen Avenue Drainage 98,000 0 0 0 0 Block 32 Alley-Drainage System 0 0 86,000 0 0 Dotteral Road-Audubon Blvd 0 0 0 0 86,000 Federal Highway Phase 1 62,000 410,000 0 0 0 Federal Highway Phase 2 0 0 0 431,000 0 Federal Highway Phase 3 0 0 0 0 454,000 General Storm Water Repairs 80,000 80,000 80,000 80,000 80,000 Lowson @ Homewood Roundabout 0 0 0 0 150,000 NE 8th Avenue from N of Bond way 0 0 0 0 86,000 S Swinton Ave @ SW/SE 4th St. 0 0 0 186,500 0 SE 2nd Street - S Swinton Avenue to FEC x-ing 0 0 0 230,000 0 Seacrest Blvd-NE 8th to Gulfstream Blvd Drainage 0 0 0 0 112,500 Storm Water Vac Con Truck 300,000 0 0 0 0 SW 14th Ave - SW 2nd St to SW 1st St Drainage 425,000 0 0 0 0 SW 1st Ave - SW 1st St to W Atlantic Ave Drainage 0 0 0 0 230,000 TOTALS: $965,000 $490,000 $166,000 $927,500 $1,198,500 CENTRAL GARAGE FUND Capital <$25,000 $44,800 0 0 0 0 Fire Apparatus Maint. Building 0 75,000 0 0 0 Fire Apparatus Replace Brush Truck 0 0 0 303,800 0 Fire Apparatus Replace Pumpers 0 0 559,800 0 0 Fire-ALS Rescue Replace 0 243,900 268,900 282,400 296,520 Hoist Replacement on Truck 420 40,000 0 0 0 0 Fire Engine Repl - 2002 Pierce 1,288,270 0 0 0 0 Police Dept. -Mobile Command Vehicle 0 245,680 0 0 0 Vehicle Replacement 762,000 784,860 850,000 1,125,000 1,150,000 Vehicle Restoration 70,000 70,500 74,025 77,730 81,620 TOTALS: $2,205,070 $1,419,940 $1,752,725 $1,788,930 $1,528,140 SPECIAL PROJECT FUND - IN LIEU PARKING Machinery & Equipment 100,000 100,000 100,000 100,000 100,000 TOTALS: $100,000 $100,000 $100,000 $100,000 $100,000 2004 GO BOND -PARKS & RECREATION Beach Furniture (benches & tables) 52,100 0 0 0 0 Neighborhood Parks/Eagle Prk-Improvements 69,905 0 0 0 0 Old School Square-Parking Structure 156,816 0 0 0 0 Other City Wide Park Improvements 54,183 0 0 0 0 Pompey Park -Community Center Connection 298,685 0 0 0 0 Soccer Complex-Other Improvements 28,150 0 0 0 0 TOTALS: $659,839 $0 $0 $0 $0 2007 GO BOND -PARKS & RECREATION FS #4 Building 708,816 0 0 0 0 Old School Square-Park 487,308 0 0 0 0 Miller Park Improvements 5,622,250 0 0 0 0 Intracoastal Park 94,024 0 0 0 0 TOTALS: $6,912,398 $0 $0 $0 $0 CI-30 PROPOSED 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25.000 PROJECT & FUND FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 RECREATION IMPACT FEE Worthing Park Improvements 414,400 0 0 0 0 TOTALS: $414,400 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Citywide Tree Trimming-Equipmnt 0 0 0 159,000 0 Computerized Irrigation Syst-Pks Medians 50,000 50,000 50,000 50,000 50,000 TOTALS: $50,000 $50,000 $50,000 $209,000 $50,000 COMMUNITY DEVELOPMENT FUND Ship Program-State Grant 52,670 52,670 52,670 52,670 52,670 Western Settlers' Grnt Prog 55,000 0 0 0 0 Beacon Ctr-Village Program 792,850 792,850 792,850 792,850 792,850 Neighborhood Stabilization-FED 1,904,380 0 0 0 0 Neighborhood Stabilization-CRA 400,000 0 0 0 0 Disaster Recovery Initiative 35,850 800,000 0 0 0 Planning Administration 118,230 121,777 125,430 129,193 133,069 Housing Rehab -Federal Grant 203,970 235,440 235,440 235,440 235,440 Unsafe Bldgs/Lnd Acqu/Bike Paths/Neighborhd Resources 177,460 150,000 163,430 143,469 125,000 Grnts/Aids-Fed Grant-Econ Devel 86,500 0 0 0 0 Neighborhood Housing 185,720 185,710 186,000 186,000 185,296 TOTALS $4,012,630 $2,338,447 $1,555,820 $1,539,622 $1,524,325 BEACH RESTORATION FUND Beach Tilling 0 0 15,125 15,580 16,050 Final&Constr Engineering 93,000 70,000 0 0 0 Other Expenses 0 6,500 6,500 6,500 6,500 Pre/Post Constr Surve s 49,530 51,020 52,550 54,125 55,750 Construction- Pre & Post 265,000 265,000 68,500 0 0 Renoruish-Fill Placemnt 0 9,000,000 0 0 0 Sea Turtle Monitoring 38,750 40,300 41,510 42,755 44,038 Yearl replacement snow fence 4,000 8,000 8,000 8,000 8,000 TOTALS: $450,280 $9,440,820 $192,185 $126,960 $130,338 GENERAL CAPITAL IMPROVEMENTS Air Conditioning Replace 70,000 0 0 0 0 Air Conditioning Upgrades 67,000 0 0 0 0 ARRA Bus Shelters(101-3163-544-65.70) 373,750 0 0 0 0 Atl Gateway Art Feature 1,000,000 0 0 0 0 Atlantic Ave Median 266,535 0 0 0 0 Atl Av St Light Rplmnt 0 50,000 50,000 50,000 50,000 Atl Dunes Nature Trail 0 130,000 0 0 0 Beach Beautification Plan 50,000 0 0 0 0 Beach Pavillion Replace 0 0 228,000 0 Bleachers-Community Ctr 55,000 0 0 0 0 Block 32 Alle 130,000 0 0 0 Building Maintenance 125,000 125,000 125,000 125,000 125,000 Bus Shelters-CRA 130,000 0 0 0 0 Carpet Replacement 65,000 0 0 0 0 Computer/Equipment Repl 70,000 110,000 110,000 110,000 110,000 Cultural LoopMLK Blv Ph 1 750,000 0 0 0 0 Data Cablin /Switch 18,000 70,000 0 0 0 Defibrillator/Monitor 26,000 0 0 0 0 Disk Stora a/Memo Incr. 65,000 0 0 0 0 Douglas Ave Park 19,500 130,000 0 0 0 Evidence Rm-2nd floor expan 0 0 0 0 300,000 Exchange Archiving Softw 63,000 0 0 0 0 Facilit /Roof Maintenance 25,000 0 0 0 0 Family Rec & Fitness Ctr 0 11,937,580 0 0 0 Famil Rec & Fitness Ctr 0 292,460 0 0 0 Fed Hwy Enhancements 0 0 9,810,000 0 0 Fire HQ Generator Up rade 0 0 0 265,000 0 Fire Rescue Training Ctr 0 0 370,000 580,000 75,000 Fire Sprinkler S stem 0 42,000 0 0 0 FireStation Alerting 50,000 0 0 0 0 Firin Ran a Replacement 0 45,000 0 0 0 HR/Purchasing Expansion 0 190,000 0 0 0 In-Car Video S stem 60,000 150,000 150,000 66,000 0 Laptop Replacement 377,860 168,000 0 0 0 Mobile Vehicle Laptops 0 112,500 0 0 0 Mobile Vehicle Radio 50,000 50,000 50,000 0 0 Motorola Radio S stem 0 6,000,000 0 0 0 NE 8th Av Pavin 0 0 0 0 95,000 CI-28 PROPOSED 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25.000 PROJECT & FUND FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 NW 12 Av-Atlantic/MLK 195,500 0 0 0 0 Omnitrak Latent station 0 114,000 0 0 0 Pineapple Grove Side walk 0 0 172,500 0 0 Redesign Pompey Pool 0 390,000 0 0 0 RR X-ing Annual Maint 97,000 101,850 106,942 112,289 117,903 SE 2 St - S Swinton to FEC 0 0 344,000 0 0 Seacrest By NE8St Gstream 0 0 0 0 419,700 Server Replacement 0 0 220,000 0 0 Shade System-Pompey Prk 0 0 66,000 0 0 Sidewalks/Bikepaths 45,000 20,000 50,000 50,000 50,000 Skid Car 0 45,000 0 0 0 Special Events Vehicle 0 0 0 0 25,000 Street Resurf/Reconstr 215,000 175,000 175,000 175,000 175,000 Auburn Ave Improv 2,000,000 0 0 0 0 SW 1 Av-SW 1SUAtlanticAv 0 0 0 0 446,500 SW 2 St Beautification 244,750 244,750 0 0 0 Tape Backup System 0 35,000 0 0 0 Teen Center Renovation 50,000 0 0 0 0 Telephone System-Fire 0 0 100,000 0 0 Tennis Ctr/Court Rehab 60,000 60,000 60,000 60,000 60,000 Traffic Calming 0 0 100,000 100,000 80,000 VMware Server Replacemnt 0 0 0 320,000 320,000 TOTALS: $6, 683, 895 $20, 918,140 $12, 059,442 $2, 241, 289 $2,449,103 CITY MARINA FUND Riverwalk 87,000 580,000 0 0 0 TOTALS: $87,000 $580,000 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY ESD Energy Audit /Plan 100,000 0 0 0 0 ESD New Telephone Syst 0 125,000 0 0 0 Greenbriar Dr. Sewer 0 0 0 0 280,000 Rclmd Wtr Customer Conn. 150,000 150,000 100,000 75,000 300,000 Reclaimed Water Expansion 1,500,000 2,500,000 2,500,000 2,500,000 2,100,000 Utility System Audit 150,000 0 0 0 0 WTP New Lime Slud e Unit 400,000 0 0 0 0 TOTALS: $2,300,000 $2, 775,000 $2, 600,000 $2, 575,000 $2, 680,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Automated Mtr Rdng (AMR) 0 0 700,000 550,000 600,000 Block 32 Alley 0 116,300 0 0 0 Bldg LS Wet Well Rehab 70,000 70,000 70,000 70,000 70,000 Computer Equipment annual replmnt 4,000 0 0 0 0 Con ress Ave Lift Station up rades 45,000 124,000 0 0 0 Data Cabling/Switch 52,000 0 0 0 0 Delra Shores W/M 0 0 0 768,200 768,200 Eldorado/Sunshine W M 0 0 0 0 494,500 Elevated Stora e Tank Maint. 17,000 17,000 19,000 19,000 19,000 Federal Hwy Enhancements 0 0 100,000 0 0 Lift Station Rehab 65,000 65,000 65,000 65,000 65,000 Lowson Blvd FM 0 0 345,000 0 0 NE 8th Av Pavin 0 0 0 0 50,000 NE 8th Av Paving 0 0 25,000 0 0 NE 8th Ave WM 0 0 390,000 0 0 N Lake Ida Area WM 471,500 0 230,000 0 0 NW 4 Av & 3 Av WM 0 593,400 0 0 0 NW 16th St WM 115,000 0 0 0 0 Osceola Park WM Ph2 880,000 0 0 0 0 Painting Wtr Storage Tanks 32,000 0 0 0 0 Production Well Rehab 75,000 100,000 100,000 100,000 100,000 San Swr Main Rehab 100,000 150,000 150,000 150,000 150,000 San Swr Manhole Rehab 50,000 50,000 50,000 50,000 50,000 Seacrest By-NE8St Gstream 0 0 0 0 50,000 Seacrest Blvd Ph 1 0 0 0 287,500 0 SW 10th Av VM 0 402,500 0 0 0 SW 11th Av WM 0 0 0 103,500 0 SW 12 & 13 Av WM 0 0 0 402,500 0 SW 1stAvWM 0 98,900 0 0 0 SW 2 St Beautification 25,000 25,000 0 0 0 SW 3& 6 Av WM 435,000 435,000 0 0 0 Utility Asst Mgmt Prgrm 25,000 0 0 0 0 Washwater Recover Pipin 172,500 0 0 0 0 Water Main Leak Re airs 50,000 75,000 75,000 75,000 75,000 CI-29 PROPOSED 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25.000 PROJECT & FUND FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 Water Meter Replacement 150,000 150,000 150,000 150,000 150,000 Water Service Relocation 25,000 25,000 25,000 25,000 25,000 Water Valve Replacement 36,000 36,000 36,000 36,000 36,000 WTP Admin Bldg Re-roof 40,000 0 0 0 0 WTP Air Strip Twr Removal 35,000 0 0 0 0 WTP Fire Alarm Syst Ph II 30,000 0 0 0 0 TOTALS: $3,000,000 $2,533,100 $2,530,000 $2,851,700 $2,702,700 MUNICIPAL GOLF COURSE Machinery/Equipment(<$25,000) 70,600 75,000 80,000 85,000 50,000 Other Improvements(<$25,000) 19,000 25,000 25,000 25,000 25,000 Debt Service 409,550 409,210 406,260 409,750 410,490 Debt Service-Cart Lease 35,450 0 0 0 0 TOTALS: $534, 600 $509, 210 $511, 260 $519, 750 $485, 490 LAKEVIEW GOLF COURSE Debt Service-Bonds 220,200 223,720 223,300 225,390 163,560 TOTALS: $220,200 $223,720 $223,300 $225,390 $163,560 STORMWATER UTILITY Block 32 Alley 0 87,200 0 0 0 Cultural LoopMLK Blv Ph 1 124,000 0 0 0 0 Fed Hwy Enhancements 0 0 938,875 0 0 Gen Storm Water Repairs 105,000 105,000 105,000 105,000 105,000 Lawrence Road Drainage 0 0 0 0 0 NE 8th Av Pavin 0 0 0 0 64,300 NE 8th Av Paving 0 0 76,000 0 0 NW 12th Ave-Atlantic/MLK 149,500 0 0 0 0 Operating Expenses 957,800 1,005,690 1,055,975 1,108,773 1,164,212 SE 2 St -Swinton FEC 0 0 230,000 0 0 Seacrest By-NE 8St Gstream 0 0 0 0 162,800 Seacrest Blvd Ph 1 0 0 0 205,000 0 SW 1 Av-SW 1St to W Atl Av 0 0 0 0 200,000 SW 1 Av-SW 1St /AtlanticAv 0 0 0 0 232,000 SW 2 St Beautification 133,000 133,000 0 0 0 TOTALS: $1,469,300 $1,330,890 $2,405,850 $1,418,773 $1,928,312 CENTRAL GARAGE FUND Capital <$25,000 41,700 0 0 0 0 ALS Rescue Repl 243,900 268,900 282,400 296,520 0 Brush Truck Replacement 0 0 303,800 0 0 Fire Apparatus Replace-Pumpers 0 559,800 0 0 0 Fuel Management System 40,000 0 0 0 0 Gara e Facilit 74,750 0 0 0 0 Mobile Command Vehicle 245,680 0 0 0 0 Sewer Vac Con Truck 0 175,000 0 0 0 Vehicle Replacement 800,000 850,000 900,000 950,000 975,000 Vehicle Restoration 70,000 70,500 74,025 77,730 81,620 VIN Platform Replacement 0 155,510 0 0 0 TOTALS: $1,516,030 $2,079,710 $1,560,225 $1,324,250 $1,056,620 SPECIAL PROJECT FUND - IN LIEU PARKING Misc. Parking Expenses 100,000 100,000 100,000 100,000 100,000 TOTALS: $100,000 $100,000 $100,000 $100,000 $100,000 SPECIAL PROJECT FUND -PUBLIC ARTS PROGRAM Family Recreation and Fitness Center 0 179,064 0 0 0 Federal Hwy Enhancements 0 0 165,000 0 0 TOTALS $0 $179,064 $165,000 $0 $0 CI-30 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 21, 2009 AGENDA ITEM: V.A. STATEMENT OF FINDING OF CONSISTENCY BETWEEN THE PROPOSED CAPITAL IMPROVEMENT PLAN (CIP) AND THE COMPREHENSIVE PLAN ITEM BEFORE THE BOARD The item before the Board is that of making a finding that the proposed Capital Improvement Plan (CIP) is consistent with the Comprehensive Plan. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A-3.3 and A-3.4. The attached Current CIP (FY2008-09 - FY2012-13) and Proposed CIP (FY2009-10 - FY2013-14) are organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. ANALYSIS The Capital Improvement Plan is reviewed each year by the Capital Improvement Committee consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer, Planning & Zoning Director and Environmental Services Director. Proposed projects are prioritized within three categories, Critical Items (must be satisfied with the current year), Mandatory Items (should be satisfied within one year) and Desirable Items (should be satisfied in a time frame greater than one year) and then budgeted accordingly within the overall 5-year program. As the CIP is compared to the Comprehensive Plan, there should be consistency with regard to the list of projects, cost estimates, and time frame. There is overall consistency of the proposed CIP with the Comprehensive Plan. The Items contained in the Five-Year CIP are contained within the Goals, Objectives and Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 2 Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. For the purpose of this review, the CIP has been divided into major categories which relate to the elements of the Comprehensive Plan and the authorizing policies have been identified. COASTAL MANAGEMENT The CIP includes capital expenditures related to maintenance of the coastal ecosystem, including beach renourishment, dune revegetation and sea turtle monitoring. These items, which total approximately $10.3 million over the next five years, are funded by the Beach Restoration Fund. Expenditures are authorized by the following Objective and Policies of the Coastal Management Element: Coastal Management Element Objective A-1 The City shall continue its established and ongoing programs for the purposes of protecting, conserving, and enhancing coastal wetlands, living marine resources, coastal barriers, wildlife habitat, beach erosion control, dune protection, and sea turtle protection. A report of the status of those programs shall be prepared annually and made available to the public at the Town Hall Meeting, at City Hall, and on the City's website. Policv A-1.3 The City shall undertake beach and dune studies as required by permitting agencies to monitor and maintain the Beach Renourishment Project. Policv A-1.5 The City shall protect sea turtles and their nesting habitat through continuation of lighting restrictions, monitoring and education programs. RECREATION The CIP includes capital expenditures related to the provision and maintenance of recreational facilities. These items, which total approximately $19 million over the next five years, are funded by the General Capital Improvements Fund, the Recreation Impact Fee Fund, the City Marina Fund, the Municipal Golf Course Fund, and the Lakeview Golf Course Fund. In addition to improvements to various city parks and recreational facilities, improvements include $12.2 million for the construction of the Family Recreation and Fitness Center, $667,000 for the Riverwalk and $414,000 for improvements at Worthing Park. The expenditures are authorized by the following Objective and Policies of the Open Space and Recreation Element. Open Space & Recreation Element Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 3 Policv A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policv A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policv A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policv A-2.6 As part of the preparation of Strategic Task Team Neighborhood Action Plans, the City shall evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. Policv A-2.10 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. Policv A-2.11 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and Phase 1 of the development should be accomplished by FY 2008/09. BEAUTIFICATION The CIP includes capital expenditures related to landscape and streetscape projects. These items, which total approximately $14.5 million over the next 5 years, are funded by the Beautification Trust Fund, the General Capital Improvements Fund and the Special Project Fund for the Public Arts Program. Major expenditures include $1 million for and Gateway Art Feature at West Atlantic Avenue and I-95, $9.8 million for streetscape improvements to Federal Highway and $2 million for improvements to the SW 12th Avenue/Auburn Avenue corridor. The expenditures are authorized by the following Objectives and Policies of the Open Space and Recreation Element and Transportation Element: Open Space & Recreation Element Objective B-1 The retention and creation of visual open space areas is vital to meeting the overall goals of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas, enhancement of the streetscapes, and additional open space are objectives which shall be accomplished through the following: Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 4 Policv B-1.2 The City shall continue its on-going street beautification efforts, including programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Transportation Element Objective B-3 The accommodation of traffic, accomplished through street widening, shall not detract from the aesthetics of the community and shall be accomplished through an integrated multi-modal transportation system, and traffic demand management initiatives. Policv B-3.1 The City shall continue its public street beautification program, for median and perimeter landscaping. Policv B-3.2 The City shall continue to budget sufficient funds to maintain streetscapes under its jurisdiction for community aesthetics. Policv D-3.9 The City and CRA shall implement a plan for enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 8th Street and SE 10th Street through beautification and the provision of improved safety, parking, bike lanes and pedestrian circulation. Improvements supported by the traffic circulation test conducted in 2008 shall be constructed in phases between FY 2009/10 and FY 2014/15. Adjacent new development and redevelopment shall be required to contribute toward the costs of these improvements. HOUSING The CIP includes capital expenditures related to maintenance and improvement of the City's housing supply. These items, which total approximately $11 million over the next 5 years, are funded by the Community Development Fund. Major improvements include $3.9 million for the Beacon Center -Village program. The expenditures are authorized by the following Objectives and Policies of the Housing Element: Housing Element Objective A-7 The City shall work to upgrade substandard housing conditions by providing programs to improve the structural and aesthetic conditions of its existing housing stock and neighborhoods and address the needs of displaced residents. Most programs will be targeted to those areas that are showing the greatest signs of deterioration (those identified as "needing Revitalization" or "needing Rehabilitation" on the Residential Neighborhood Categorization Map); others will be available citywide. Policv A-7.1 Through its CDBG program, the City will continue to offer housing rehabilitation loans for the upgrading of substandard owner-occupied housing in designated target areas. Policv A-7.2 The City will participate in state and federal programs such as SHIP (State Housing Initiatives Partnership) and HOME, and to provide for the purchase and rehabilitation of existing housing and the construction of new housing. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 5 Policv A-7.3 The City will provide local funding for the rehabilitation of the exterior of existing owner-occupied units, including improvements such as new landscaping, painting, and replacement of doors and windows. This program shall be available on a citywide basis. Policv A-7.4 The City will continue to promote and fund programs such as Paint-Up Delray, Adopt-A-Street (litter control), Adopt-A-Tree (street tree plantings), and similar programs intended to improve the appearance of its neighborhoods. UTILITIES The CIP includes capital expenditures related to improvements and maintenance of City water, wastewater and drainage facilities. These items, which total approximately $35.1 million over the next 5 years, are funded by the Water/Sewer New Capital Outlay Fund, the Water/Sewer Renewal and Replacement Fund, and the Storm Water Utility Fund. In addition to construction of upgraded water, sewer and drainage systems throughout the City, improvements include $11.1 million for expansion of the reclaimed water transmission system and $775,000 for reclaimed water distribution/customer connections. The expenditures are authorized by the following Objectives and Policies of the Public Facilities and Coastal Management Elements: Public Facilities Element Objective C-2 Upgrading of sewer and water facilities shall occur as quickly as possible based on available funding. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Policv C-2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project by 2015. Policv C-2.2 A study has been completed determining the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. The City shall allocate annual expenditures to complete the project by 2015. Public Facilities Element Objective C-3 Installation of wastewater collection facilities shall be programmed and provided when the need is demonstrated. Policv C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective C-4 Installation of potable water distribution facilities shall be programmed and provided when the need is demonstrated. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 6 Policv C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective E-1 A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Public Facilities Element Objective E-2 Drainage improvements and flood control measures shall be financed through the Stormwater Utility Fee. Funded projects shall be located throughout the City as opposed to being concentrated in a single quadrant. The fee shall be reassessed upon completion of the program. Coastal Management Objective A-3 The City shall protect and enhance the quality of the marine habitat through support for effluent reuse and deep water injection by the South Central Regional Wastewater Treatment Facility Board, with the ultimate goal of eliminating dependence on the ocean outFall for other than emergency and DEP permitted exceptions. PUBLIC BUILDINGS & OTHER FACILITIES The CIP includes capital expenditures related to new and existing public buildings and facilities. These items, which total approximately $19.9 million over the next 5 years, are funded by the General Capital Improvements Fund, the Central Garage Fund, and the Special Project Fund for In-Lieu Parking. In addition to general maintenance and upgrades to equipment and systems throughout the City, improvements include $8.1 million for replacement of City vehicles (including police and fire), $1 million for the Fire Rescue Training Center and $6 million for replacement of the City's Radio System. The expenditures are authorized by the following Objective and Policies of the Public Facilities Element: Public Facilities Element Objective D-1 Provisions are to be implemented to maintain and upgrade existing public facilities to a state of the art level of service and improve the appearance of the facilities. Policv D-1.1 The City shall continue its established program for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policv D-1.2 The City shall continue its established program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 7 upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. TRANSPORTATION The CIP includes capital expenditures related to maintenance and improvement of the City's transportation systems, including automotive, pedestrian and public transportation. These items, which total approximately $4.3 million over the next 5 years, are funded by the General Capital Improvements Fund. In addition to general maintenance of existing roadways and sidewalks, major improvements include $536,000 for railroad crossing annual rehabilitation program and $915,000 for Annual street resurface/reconstruction program. The expenditures are authorized by the following Objectives and Policies of the Public Facilities Element and Transportation Element: Public Facilities Element Objective E-3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. Policv E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. Policv E-3.2 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2010. Transportation Element Objective B-2 Travelways which are primarily used by residents (local streets) shall receive special attention in order to assure that they remain accessible to residents and provide for easy traffic flow. This objective shall be implemented through the following tasks. Policv B-2.1 The City Engineer shall determine intersections which have congestion on an as needed basis. An inventory shall be maintained, and necessary improvements funded through the street improvement capital budget of the Environmental Services Department. Items to be addressed and corrected may include the following: ^ Where restrictions to efficient traffic flow exist they shall be removed. ^ Where appropriate, turn lanes should be provided in lieu of traffic lights or four-way stops in order to accommodate turning movements without hindering through traffic. ^ Where traffic signals exist, turn arrows will be installed when warranted. ^ Where signals do not exist and equivalent traffic volumes enter an intersection, four- way stops and traffic calming devices should be considered. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 8 Transportation Element Objective D-2 Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists shall be assessed and required during development review, complying with state and national standards. Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements by including bicycle lanes where there is sufficient right-of-way. The City, by adoption of this policy, requests that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five-year road program, as well as the City's Capital Improvement Program. RECOMMENDED ACTION By motion, make a finding that the proposed Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) are consistent with the Comprehensive Plan. Attachments: • Current & Proposed CIP MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RESOLUTION N0.42-09/ACQUISITION OF PROPERTY/706 S.W. 2ND STREET ITEM BEFORE COMMISSION Staff requests that this item be postponed; the contract was not available at the time the agenda was being finalized, but the item needed to be listed on the agenda due to advertising. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE N0.45-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for decreased residential and commercial collection service rates for FY 2010. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 45-09. RECOMMENDATION Recommend approval of Ordinance No. 45-09 on second and final reading. ORDINANCE NO. 45-09 AN ORDINANCE OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASI~', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR DECREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to decrease the collection rates for sanitation services. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Qiarges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: QZarges for the below described collection service shall be as follows and shall comrr~ence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garba Collection $~ 6.00 R clip ~ 2.44 Yard Trash ~ 2.44 Total Fees -Contractor Q 1$ 0.88 Cart R lacerr~ent 8~8 0.90 Administrative Fee 8~5 0.35 Franchise Fee 10% x:11 1.09 Total Fees $i7."JV 1$ 3.22 Rear-door Owner Container Monthly Service Cost Per Unit Garba Collection ~1yrnv:ii 15.77 R clip ~ 2.44 Yard Trash ~ 2.44 Total Fees -Contractor $~4 20.65 Administrative Fee 9-3-5 0.35 Franchise Fee 10% ~1 2.07 Total Fees $~9 2$ 3.07 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garba /Trash Collection $4-14 4.05 R clip X58 2.44 Yard Trash ~ 2.44 Total Fees -Contractor $9-14 8.93 Administrative Fee 9~5 0.35 Franchise Fee 10% 8~1 0.89 Total Fees $1P'T~ 1$ 0.17 ORD. N0.45-09 (B) Multi-Family Service Multiple-family dwelling twits containing five (5) twits or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason Multiple-family monthly fees shall be based on a per unit charge. These monthly rates assume t~ (2) pickups per week If the amount of refuse generated requires more than t~ (2) pickups per week, then the third (3rd) and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection 9 3.03 R clip ~ 2.44 Total Per Unit Fee-Contractor 9 5.47 Administrative Fee 8~5 0.35 Franchise Fee (10%) &56 0.55 Total Monthl Fees Per Unit §~ $6.37 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. ORD. N0.45-09 (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 ..........................................a............ 2 Yard ~n~ ~1~ ~1~ ~9 ~2 Collection 42.30 84.61 126.91 169.22 211.52 253.82 296.13 D' sal 20.35 40.70 61.05 81.40 101.76 122.11 142.46 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees X3:95 ~1~p~ric i v 5 X4:99 ~33~ ~49~3~ ~^~6 82.05 144.71 207.36 270.02 332.68 395.33 457.99 Franchise Fee (10%) 1 ~1~ 4 e 7 ~n~ 9 8.21 14.47 20.74 27.00 33.27 39.53 45.80 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~ ~ ~ ~ o ~n n ~ 90.61 159.53 228.45 297.37 366.30 435.21 504.14 3 Yard ~ ~ ~ o ~ 8 ~^~5 Collection 63.46 126.91 190.37 253.82 317.28 380.74 444.19 D' sal 30.53 61.05 91.58 122.11 152.63 183.16 213.69 Container 21.44 21.44 21.44 21.44 21.44 21.44 21.44 4 ORD. N0.45-09 Maintenance Fee Total Contractor Fees ~1~rrv Qi ~9 7 X493-35 ~^~2 ~594~9 8 115.43 209.40 303.39 397.37 491.35 585.34 679.32 Franchise Fee (10%~ 419 ~4 ~9 49:34 49~ 59:43 (~8 11.54 20.94 30.34 39.74 49.14 58.53 67.93 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~1~r~v av ~~8 9~ ~n~^^z-.9^z ~54~95 X54:98 ~ 127.32 230.69 334.08 437.46 540.84 644.22 747.60 4 Yard 9 ~1~ 9 X49 X43-3:99 -.£9 ~9C~9 Collection 84.61 169.22 253.82 338.43 423.04 507.65 592.26 D' sal 40.70 81.40 122.11 162.81 203.51 244.21 284.91 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees ~1~ ~ ~n~ ~ ~ ~2 147.52 272.83 398.14 523.45 648.76 774.07 899.38 Franchise Fees (10%~ 4¢95 ~8 49:41 53-14 X5-8-7 ~9 ~3 14.75 27.28 39.81 52.35 64.88 77.41 89.94 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~1~ B'-t ~n~ X494 4~-7 ~1;993~99 162.62 300.46 438.30 576.15 713.99 851.83 989.67 6 Yard ~1~ 9 e X9:49 ~Q Collection 126.91 253.82 380.74 507.65 634.56 761.47 888.39 D' sal 61.05 122.11 183.16 244.21 305.27 366.32 427.37 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Total Contractor Fees ~1C}48 ~49~44 9 X34 8 ~1 r~ri-rzz~ ~3~9 213.49 401.46 589.43 777.39 965.36 1,153.32 1,341.29 ORD. N0.45-09 Franchise Fee (10%) ~5 484 ~4 X9-3 ~3 1 1~ 1 'z 21.35 40.15 58.94 77.74 96.54 115.33 134.13 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~3~48 n n~ 8 $ 8 1 ?~ 1 rn~QQ.7r7r 235.19 441.96 648.72 855.48 1,062.25 1,269.00 1,475.77 8 Yard ~1~ ~4Fr.49 9 9 X99 ~1 ~1~1i8 Collection 169.22 338.43 507.65 676.87 846.08 1,015.30 1,184.51 D' sal 81.40 162.81 244.21 325.62 407.02 488.42 569.83 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees ~ ~5~-39 e ~ ~1 ~1 r~~ ~1 r4 277.71 528.33 778.95 1,029.58 1,280.19 1,530.81 1,781.43 Franchise Fee (10%) ~7 ~3 ~9 4~5 1 2~ 447 4$9~-3 27.77 52.83 77.90 102.96 128.02 153.08 178.14 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~2~ 4 ~1 r~ri~v:ii ~;43~4~ ~1 7~rriv~/ ~1~rr~v v9 305.83 581.51 857.20 1,132.89 1,408.56 1,684.24 1,959.92 Commercial Front-Load Compacting Containers Pickups Per Week 1 2 3 4 2 Yard Collection ~ 52.90 105.80 D' sal 76.35 152.63 Total Contractor Fee ~ ORD. N0.45-09 129.25 258.43 Franchise Fee (10%~ 43$5 12.93 25.84 Administrative Fee 0.35 0.35 Total Fee ~1 142.53 284.62 3 Yard Collection ~1 158.66 317.32 D' sal 228.98 457.90 Total Contractor Fee ~~ 387.64 775.22 Franchise Fee (10%~ 39:44 38.76 77.52 Administrative Fee 0.35 0.35 Total Fee ~n 426.75 853.09 4 Yard Collection (New Rates) 1$ 05.80 3$ 17.28 Disposal 1$ 52.63 4$ 57.90 Total Contractor Fees 2$ 58.43 775.18 Franchise Fee (10%) 2$ 5.84 77.52 Administrative Fee 0.35 0.35 Total Fees $284.62 8$ 53.05 ORD. N0.45-09 5 Yard Collection ~1~ X495-95 132.20 396.64 D' sal 190.77 572.39 Total Contractor Fees ~ X34 322.97 969.03 Franchise Fee (10%~ 3~1 ~3 32.30 96.90 Administrative Fee 0.35 0.35 Total Fees ~ ~1 355.62 1,066.28 6 Yard Collection 8 634.60 D' sal 915.80 Total Contractor Fees ~8 1,550.40 Franchise Fee (10%~ 4563 155.04 Administrative Fee 0.35 Total Fee ~1 1 705.79 Commercial/Mufti-Family Rolloff Containers: Open top rolloff container $225.00 per pickup plus disposal cost Compactors $225.00 per pickup plus disposal cost; ORD. N0.45-09 PLUS monthly container rental 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial recycling containers and construction/demolition debris. Commercial 95-Gallon Cart Service Pickups Per Week 1 2 3 4 5 6 Collection $25.00 $50.00 $75.00 $100.00 $125.00 $150.00 D' sal 4~8 ~5 ~3 499 ~8 ~5 5.09 10.18 15.27 20.36 25.45 30.54 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 Total Contractor Fees 8 5 ~n~ ~1~ 8 X95 32.09 62.18 92.27 122.36 152.45 182.54 Franchise Fee (10%) ~ ~4 4~5 447 4~9 ~1 3.21 6.22 9.23 12.24 15.25 18.25 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~n~ X9-94 ~1~ ~ ~1~ ~~ 35.65 68.75 101.85 134.95 168.05 201.14 NOTE: The foregoing rates are based on $35.00 per ton ($2.35 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2009. Waste Management currently picks up individual thirty-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. ORD. N0.45-09 Out of a total of one hundred four (104) containers, eighty-four (84) do not have property control numbers ancl, therefore, the City is not charged for disposal costs by the Solid Waste Authority. Waste Management, by contract, does not charge the City for collection costs but should be paid for their disposal costs. Since the Solid Waste Authority does not reimburse Waste Management for these disposal costs, it should be the responsibility of the City to reimburse them. The City will be billed nine thousand t~ hundred thirty eight dollars and thirty t~ cents ($9,238.32) annually which will be computed as follow: Eighty-four (84) thirty-gallon containers picked up six (6) times per week Thirty five dollars ($35.00) per ton disposal rate charge by SWA = Two dollar thirty five cents ($2.35) per cubic yard Thirty-gallon container = .15 cubic yards Eighty-four (84) containers x .15 cubic yards x six (6) pick ups per week x fifty-tom (52) weeps x two dollar thirty five cents ($2.35) =nine thousand t~ hundred thirty eight dollars and thirty two cents ($9,238.32) Waste Management will be picking up trash at the newly installed bus shelters. The City will be billed $39,000. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed 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 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 4. That this ordinance shall become effective on October 1, 2009. PASSED AND ADOPTED in regular session on second and final reading on this 22nd day of September, 2009. MAYO R 10 ORD. N0.45-09 ATTEST: City Clerk First Reading Second Reading 11 ORD. N0.45-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 3, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 10, 2009 ORDINANCE N0.45-09 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" to provide for decreased residential and commerical collection service rates for FY 2010. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being decreased overall by 2% for FY 2010. The reductions are primarily due to the result of reduced fuel cost. These rates go into effect October 1, 2009. RECOMMENDATION Recommend approval of Ordinance No. 45-09 on first reading. If passed, a public hearing will be scheduled for September 22, 2009. http://miweb001/AgendasBluesheet.aspx?ItemID=2563&MeetingID=217 9/11/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE N0.46-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to provide for the meter fee charged and listing the parking lots affected; and by enacting Subsection 71.065, "Parking Garages", to provide for the regulation of public parking garages. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 46-09. RECOMMENDATION Recommend approval of Ordinance No. 46-09 on second and final reading. ORDINANCE N0.46-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES SY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR THE METER FEE CHARGED AND LISTING THE PARKING LOTS AFFECTED; AND SY ENACTING SUBSECTION 71.065, "PARKING GARAGES", TO PROVIDE FOR THE REGULATION OF PUBLIC PARKING GARAGES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to increase parking meter fees for parking meters located on East Atlantic Avenue and Ocean Boulevard (SR A1A) to be more in line with surrounding Municipalities; WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to establish a fee for parking vehicles in the Federspiel and Old School Square Parking Garages; WHEREAS, the City Commission wants to establish certain rules and regulations regarding utilization of the garages. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances is amended by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to read as follows: Sec. 71.058. COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES. (A) The cost of parking or standing a vehicle in a parking meter space located in the Orange Grove (Mamott Hotel North) parking lot, the Ingraham Avenue parking lot, the Gleason parking lot, and in the parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park4 shall be One Dollar ($1.00) per hour. The cost of parking or standing a vehicle in a parking meter space located along State Road A 1-A er and Atlantic Avenue, east of the Intracoastal Waterway (ICV~, shall be One Dollar and twenty five cents ($1.25) {~98) per hour. (B) The only coins which the meters accept are United States currency. Section 2. That Chapter 71, "Parking Regulations", of the Code of Ordinances is amended by enacting Section 71.065, "PARKING GARAGES", to read as follows: Sec. 71.065. PARKING GARAGES (A) The cost for parking or standing a vehicle in the Federspiel or Old School Square parldng~ages maybe set by the Commission by resolution; (B) The Commission may also adopt any rules and/or regulations governing the Federspiel and/or Old School Square parldng~ages by resolution; (C) Skateboarding, roller skating, and bic~g, are prohibited within the facilities; (D) The consumption of Alcoholic beverages within the garages is prohibited; 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 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 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST: City Clerk MAYO R First Reading Second Reading 2 ORD. N0.46-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 1, 2009 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 10, 2009 ORDINANCE N0.46-09 ITEM BEFORE COMMISSION The item before the City Commission is first reading of Ordinance 49-09 providing for an amendment to parking meter fees and establishing that rules, regulations and fees for the Federspiel and Old School Square Parking Garages will be established by resolution. BACKGROUND At the City Commission Workshop of August 25th, 2009, as part of deliberations regarding fiscal year 2009/10, staff was directed to increase parking meter fees from $1.00 to $1.25 per hour for all on-street metered spaces located on East Atlantic Avenue, east of the Intracoastal Waterway and Ocean Boulevard (SR AlA). Parking at the Orange Grove (Marriott North), Sandoway, Ingraham, Anchor Park, Atlantic Dunes North and South and Gleason Street Parking Lots remains unchanged at $1.00 per hour. Also at the City Commission Workshop of August 25, 2009, during discussions regarding fiscal year 2009/10, staff was directed to bring forth a proposal to charge fees for parking in the garages on Thursday, Friday and Saturday evenings. Considering that to date, no official policies regarding the garages have been established staff has taken this opportunity to include a provision that will establish all fees, rules and regulations by resolution of the City Commission. RECOMMENDATION By motion, approve on first reading Ordinance 46-09 by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Article VIII, Section 2(b) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes with second reading to occur on September 22, 2009. http://miweb001/AgendasBluesheet.aspx?ItemID=2547&MeetingID=217 9/11/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE< Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: September 15, 2009 SUBJECT: AGENDA ITEM 10.F1 -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 RESOLUTION 50-09/PARKING GARAGE RULES, REGULATIONS AND FEES ITEM BEFORE COMMISSION The item before the City Commission is that of approving Resolution 50-09 which establishes certain rules, regulations amd fees to govern the Federspiel and Old School Square parking garages. BACKGROUND At its meeting of September 10, 2009 the City Commission approved Ordinance 46-09 on first reading. The ordinance establishes the basis for the City Commission to adopt rules and regulations in addition to assessing fees for parking by resolution. Resolution 50-09, (attached for your review), establishes a $5.00 flat fee to be assessed to vehicles parking in the garage on Thursday, Friday and Saturday evenings after 5:00 PM until closing. The resolution also prohibits roller skating, bicycle riding or skateboarding in the facilities. The consumption of alcoholic beverages in the facilities is likewise prohibited. Standard disclaimers and the City's right to remove nuisance and, or, abandoned vehicles is also addressed. RECOMMENDATION By motion, approve Resolution 50-09. RESOLUTION NO. 50-09 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ATTACHED REGULATIONS AND FEES FOR THE OLD SCHOOL SQUARE AND FEDERSPIEL PUBLIC PARKING GARAGES. WHEREAS, the City Comtrrission of the City of Delray Beach, Florida, has determined that there is a need for appropriate regulations and fees for the Old School Square and Federspiel Public Parking Garages. NOW, THEREFORE, SE IT RESOLVED BY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby approves the regulations and fees as set forth in the attached documents, see E xhibit "A", and dated September 22, 2009. PASSED AND ADOPTED in regular session on the day of , 2009. MAYO R Attest: City Clerk REGULATIONS AND FEES GOVERNING THE OLD SCHOOL SQUARE AND FEDERSPIEL PUBLIC PARKING GARAGES REGULATIONS 1. There shall be no loitering within the facilities. 2. There shall be no consumption of alcohol within the facilities. 3. There shall be no skateboarding, roller skating, or bicycling within the facilities. 4. The City has the right to remove a vehicle at any time if it considers it to be a hazard or creating a public safety issue or abandoned. 5. The facilities shall close every night at 2:00 a.m. and all vehicles using the facility must be removed or may be subjected to being towed, which fees shall be the responsibility of the vehicle owner. 6. No bailment is created. The City is not responsible for damage to vehicles or personal property. FEES The cost of parking or standing a vehicle in the Federspiel or Old School Square Parking Garages on Thursday, Friday and Saturday evenings, between 5:00 PM and closing is $5.00 (Five Dollars) regardless of the amount of time parked. Cars left overnight will be responsible for additional fees if vehicles are left after 5:00 PM of the following day for which fees are charged. The above fees and hours of collection may be changed by the City Commission during special events or events at Old School Square. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE N0.47-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement for Boat Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 47-09. RECOMMENDATION Recommend approval of Ordinance No. 47-09 on second and final reading. ORDINANCE N0.47-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.32, "LICENSE AGREEMENT FOR BOAT DOCKAGE", AND SECTION 92.33, "DOCKAGE RATES AND FEES", TO CLARIFY CERTAIN LANGUAGE IN THE LICENSE AGREEMENT AND TO MODIFY CERTAIN RATE STRUCTURES, PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to modify the license agreement for the City Marina; and WHEREAS, the City Commission of the City of Delray Beach further desires to modify the rate structure regarding the boat dockage fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 92, "Boats and Boating', Section 92.32, "License Agreement for Boat Dockage", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 92.32. LICENSE AGREEMENT FOR BOAT DOCKAGE (A) Each licensee, prior to becoming a licensee of dock space at the City marina, shall execute a written license agreement which shall expire yep won the date set forth in the license agreement. (S) The license agreement for boat dockage shall be in a form approved by the City Commission (C) A copy of the license agreement, as approved by the City Commission, shall be kept in the office of the City Clerk and in the office of the Director of the Parks and Recreation Departrr~ent for public inspection (D) All licensees shall abide by the terms and conditions contained within the license agreement for boat dockage and the City marina rules and regulations, as maybe amended from time to time. (E) The City shall require notification and the submission of a change of status form when the licensee anticipates termination of the license agreement, upon temporary absence of thirty (30) days or more from the marina or for any other status change. (F) Each resident must sign a marina key receipt as part of the license agreement. Section 2. That Chapter 92, "Boats and Boating", Section 92.33, "Dockage Rates and Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows Sec. 92.33. DOCKAGE RATES AND FEES The dockage rates and fees pertaining to the marina shall be set by the City Commission and a copy of the cunent rates may be found in the City Clerk's Office and the Parks and Recreation Director's Office. These rates and fees maybe changed from time to time as determined by the City Commission. eke ~~`'_- r '_~a' ~ Additional fees, including but not limited to application fees and daily docking fees, may be imposed by the City Commission. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or Ord 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 5. That this ordinance shall become effective upon adoption 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 City Clerk First Reading Second Reading 2 ORD. NO.47-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 3, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 10, 2009 ORDINANCE N0.47-09 ITEM BEFORE COMMISSION The item before Commission is consideration of an ordinance amending Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement For Boat Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. BACKGROUND This ordinance amendment is before Commission for approval to change the annual expiration date for marina license agreements from September 30 of each year to the expiration date set forth in the license agreement. The ordinance also removes the minimum charge for dockage, which had been the fee for a thirty-five foot boat. These modifications are necessary to proceed with the proposal to change the rates at the City Municipal Marina. RECOMMENDATION Recommend approval of Ordinance No. 47-09 on first reading. http://miweb001/AgendasBluesheet.aspx?ItemID=2561 &MeetingID=217 9/11/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE N0.48-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.02, "Permit Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to $60 per unit effective October 1, 2009. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 48-09. RECOMMENDATION Recommend approval of Ordinance No. 48-09 on second and final reading. ORDINANCE N0.48-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES, SY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City wishes to increase the landlord permit fee. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", of the Code of Ordinances is amended by amending subsection 117.02, "Permit Fees", to read as follows: Sec. 117.02 PERMIT FEES. Applications for a landlord permit shall be available through the Community Improvement Departrr~ent. The annual permit fee shall be six dollars (~59 60.00) per unit. Such permit fee shall be for one year from the date of issue on November 1 of each year. This fee shall not be prorated Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. 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 City Clerk First Reading Second Reading Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 3, 2009 SUBJECT: AGENDA ITEM 12.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 10, 2009 ORDINANCE N0.48-09 ITEM BEFORE COMMISSION City Commission approval of Ordinance No. 48-09 amending Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.2, to provide for an increase in the Landlord Permit fee from $50 per unit to $60 per unit effective October 1, 2009. BACKGROUND The City's Landlord permit fees were last raised in 2007. Staff surveyed other municipalities with similar programs to determine if our current fee was within the norm. Our review indicated that the Delray Beach fee is one of the lowest charged at this time. In addition, we considered the new programs offered via the Rental Inspector position that are made available to investor properties to assist in meeting the standards for rental properties as desired by the community that far exceed what is being offered by others. Raising the fee will bring the City of Delray Beach to a more equitable rate with other municipalities and ensure we are able to continue providing the education and technical assistance programs designed to achieve the City's goal of quality neighborhoods. RECOMMENDATION Staff recommends City Commission approval of the increase in the Landlord Permit fee from $50 to $60 upon the adoption of the amendment proposed under Ordinance 48-09 and applicable to Chapter 117.02. http://miweb001/AgendasBluesheet.aspx?ItemID=2567&MeetingID=217 9/11/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE N0.49-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.66. "Emergency Medical Transportation Fees", Subsection 96.66(A), to adjust the fee schedule for emergency medical transportation in accordance with the National Ambulance Fee Schedule. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 49-09. RECOMMENDATION Recommend approval of Ordinance No. 49-09 on second and final reading. ORDINANCE N0.49-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation; and WHEREAS, in accordance with the implementation of the National Ambulance Fee Schedule a new schedule is hereby established NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beady Florida, is hereby amended to read as follow: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support (ALS-1) Transport Fee 8 700.00 (2) Advanced Life Support (ALS-2) Transport Fee X59:99 00.00 (3) Skilled Case Transport Fee X99:99 50.00 (4) Basic Life Support (BLS) Transportation Fee 8 50.00 (5) NTileage Fee $12.00/mile Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. N0.49-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: September 4, 2009 SUBJECT: AGENDA ITEM 12.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 10, 2009 ORDINANCE N0.49-09 ITEM BEFORE COMMISSION City Commission is requested to give consideration to an Ordinance amending Chapter 96 to modify fees charged by the City of Delray Beach for emergency medical transportation services provided by the Fire-Rescue Department to be effective on October 1, 2009. The proposed fee increases are projected to bring in an additional $125,000 in revenue for the next fiscal year. BACKGROUND Advanced Data Processing Incorporated (ADPI) does billing for many public EMS agencies in the area, including Delray Beach, and they have a very broad perspective on this issue. They have provided recommendations to improve revenues by adjusting fees for service, which if approved by the City Commission could afford the City the opportunity to raise revenues in both the near and longer terms. The Fire-Rescue Staff has considered ADPPs recommendations and provided its recommendations for fee adjustments. The City Attorney's office has prepared the necessary Ordinance for consideration by the City Commission. RECOMMENDATION Recommend the City Commission consider for adoption the recommendations ofFire-Rescue Staff and approve the Ordinance. http://miweb001/AgendasBluesheet.aspx?ItemID=2584&MeetingID=217 9/11/2009 E.M.Q. TRAN~P®~T FE~~ BLS A0429 ALS -1 Emerg. A0427 ALS - L2 A0433 Skilled Care Trans. A0434 Mileage Boynton Beach $350.00 $425.00 $575.00 NA $8.00 Boca - 1011109 $650.00 $650.00 $750.00 $750.00 $12,00 Palm Beach Co. 111110 $510.00 $510.00 $670.00 NA $9.50 l~eerfieid Beach $1,000.00 $1,000.00 $1,000.00 NA $15.00 West Pala] Beach $490.D0 $490.00 $650.00 NA $9.OD l0elray Beach 1 D11/D9 $650.00 $700.00 $800.00 $850.00 $12.00 AVERAGE $608.33 $629.17 $740.83 $800.00 $10.92 * -will be increasing but do not have the figures at this time. **- These are the proposed increases BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage A0429 A0427 A0433 AD434 Fiscal Year 200$-D9 fees €7elray Beach $600.00 $650.00 $750.00 $800.00 $12.00 ~~ i~ELRAY BEACH FIRE-RESCUE STAFF RECOMiViENiJEfi3 FEES EFFECTIVE OCTOBER fi, 2009 Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage AC7429 A0427 A0433 A0434 Deira Beach $650.00 $700.00 $800.00 $850.00 $12.00 Change $50.00 $50.00 $50.00 $50.00 $D.00 Percentage change 8.33% 7.69°1a 6.67°/0 6.25% 0.00% If the fee increases recommended by staff are used, we can expect revenue increases as follows: 2010 $125,000 over current FY collections $LS: loo changes fiozn our present policy, no ALS procedures nsed. A1,S 1 : Transportation by ground aznbulanee vehicle, medically necessary supplies aazd servvices, and either an AI,S assessment by Ai.S personnel or i'he provision of at least ozze .ALS intervc'nti°n {E.g. TV therapy, cardiac nranitaring ar oi'hcr ALS interventions). AL5 2: Tran.sportafion by ground Anxbulazrce vehicle, medically necessary supplies anal services, and the admuiistZ-atian of at least tEtree (3) medications (pr three {$} doses of the same needieatian) by intravenous hush{bolus or contuzuous infusi°n of a medication (l.g. IJoparnine, Cordaz-aue, Levophed (this does not include regular IV solutioais and ot'al rned.ioatioias)) or txatrsportatian, medically necessary supplies and services, axed a prevision of at least one of the fpllowing AI,S procedures: 1. 17ehbrillatian. / cardioversion; 2. EndotraclxeaE izztubatio~l; 3. Cardiac pacing; ~l. ChesC decompression; S. Surgical airway SG'T: The Skilled (Specially) Gaye Transport category is used onEy for interfacility A[:,S transports. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.J. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE N0.39-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider aprivately-initiated amendment to Land Development Regulations (LDR) Section 4.3.4., "Base District Development Standards", Subsection (H)(6), "Special Setbacks", to modify the area where the thirty-foot special combination setback must be provided. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 39-09. RECOMMENDATION Recommend approval of Ordinance No. 39-09 on second and final reading. ORDINANCE NO. 39-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H)(6), "SPECIAL SETBACKS" TO MODIFY THE AREA WHERE THE THIRTY FOOT SPECIAL COMBINATION SETBACK MUST BE PROVIDED; 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 August 17, 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. 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 4.3.4, "Base District Development Standards", Subsection (H), "Setbacks", Sub-subsection (6), "Special Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (a) Special Building Setbacks: Within the following special building setbacks, no structures shall be altered, erected, or reconstructed: * Along Ocean Boulevard (State Road AlA), a twenty foot (20) setback shall be provided from the "Brockway Line," as shown in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots 1 thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida. * Within the residential district along the west side of S.W. 8th Avenue, between West Atlantic Avenue and S.W. 1st Street, a fifty foot (50') setback shall be provided from the east property line. * Along Lake Ida Road extending from Swinton Avenue westward to Military Trail, a sixty four foot (64') setback shall be provided on both sides of the centerline. * Along George Bush Boulevard, between Swinton Avenue and A-1-A, a fifty foot (50') setback shall be provided on both sides of the centerline. (b) Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. 1. Along Federal Highway (U.S. Highway 1), including the one way pairs (5th and 6th Avenues), extending from the south City limits to S.E. 10th Street, special landscape areas shall be provided as shown below on both sides of the ultimate right-of--way: LOT DEPTH SINGLE FRONTAGE DOUBLE FRONTAGE U to 200' 10' 10' 201 to 250' 15' 10' 251 to 300' 20' 15' Over 300' 25' 20' * Includes frontage on both Federal Highway and Dixie Highway 2. Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and 6th Avenues), extending from S.E. 10th Street to the north City limits, but excluding the 2 ORD. N0.39-09 blocks between S.E. 1st Street and N.E. 1st Street, a 10 foot (10') special landscape area shall be provided on both side of the ultimate right-of--way. The special landscape area shall not be required between the front building edge and the ultimate right-of--way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of--way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. 3. Along West Atlantic Avenue, From I-95 to the Western City Limits, a special landscape area shall be provided on both sides of the ultimate right-of--way. This landscape area shall be the smaller distance of either thirty feet (30') or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). 4. Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'): 5. Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). 6. Along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). (c) Combination Building and Landscape Setbacks: Within the following special setbacks, no structures shall be altered, erected, or reconstructed. Further, within the first ten feet (10') thereof there shall be no paving except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. * Along South 10th Street and Lowson Boulevard, extending from S.E. g~ Sm Avenue to Military Trail, a thirty foot (30') special combination setback shall be provided. 3 ORD. N0.39-09 Section 3. 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 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 Readi Second Reading 4 ORD. N0.39-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling , AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 24, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 10, 2009 ORDINANCE N0.39-09 ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a privately initiated text amendment to LDR Section 4.3.4(H)(6)(c) [Combination Building and Landscape Setbacks]. The amendment is to modify the boundaries of the area subject to this special building and landscape setback requirement. The existing boundaries are along South 10th Street and Lowson Boulevard, extending from SE 6th Avenue (northbound Federal Highway) to Military Trail It is noted that properties within this area are required to provide a 30-foot setback for structures. Further, within the first 10 feet a special landscape area must be provided that excludes paving except for driveways and sidewalks that lead to structures on the property. BACKGROUND The applicant has submitted a site plan application to build a bank with drive through facilities at the northeast corner of SE 5th Avenue and SE 10th Street. During the site plan review process it was identified that the proposed bank encroached into the 30-foot building (combination) setback. While the required 10' minimum landscape setback was provided the structure was proposed at a 14' setback line. In order to allow the proposed placement of the bank in the desired location, the developer has submitted the Land Development Regulation text amendment to modify the applicable regulations. The following is a verbatim excerpt from a justification narrative submitted by the applicant: "...Although the LDR's require the 30 foot setback noted above from S.E. 6th Avenue west to Military Trail, the existing property configuration in this area will preclude application of this 30 foot setback to the property immediately east of the Property that is currently developed with a small commercial paint store. For one, this adjacent property is a small parcel (82' x 122') developed only with the existing building and minimal landscaping, all of which front directly on S.E. 6th Avenue and S.E. 10th Street. In addition, this adjacent property can only be accessed internal to the site and only has ownership over http://miweb001/AgendasBluesheet.aspx?ItemID=2518&MeetingID=217 9/11/2009 Page 2 of 2 four parking spaces (although access and parking are otherwise accommodated through cross-access and parking agreements with adjacent parcels). Application of the currently required 30 foot setback would render the adjacent parcel unbuildable, as it would reduce the overall width of the site from 82 feet to 52 feet without taking any other required setbacks or additional development regulations into consideration... " While this method of achieving compliance with the code (modifying the LDRs) is neither encouraged nor normally supported, in this particular case it appears to have merit. More recently, with new development between SW 5th Avenue and SW 6th Avenue south of Atlantic Avenue, staff has encouraged moving buildings up to the street and placing the parking to the rear. It would appear that this parcel should more appropriately be developed along this concept rather than one which provides greater setbacks applicable to a development concept envisioned for SW 10th Street going west to Military Trail. In addition, the 30-foot special building setback has an adverse impact on the existing Sherwin Williams property given the relatively shallow parcel depth (82 feet). This setback reduces the future redevelopment area of this property to 52 feet deep (30' side street, 0' side setback). It is noted that the proposed text amendment would result in a side street setback of 10 feet for the subject properties. This setback will be consistent with the 10-foot setbacks for GC (General Commercial) zoned properties located north of this site between the Federal Highway pairs. Consequently, this modification would result in a development pattern that is consistent with the other properties along Federal Highway. Further, one of the primary goals of the special combination 30' setback for SW 10th Street/Lowson Boulevard was to assure that structures were appropriately set back to minimize impacts should future expansion of SW 10th Street be necessary. SW 10th Street has been improved east of Congress Avenue and no further expansions are currently contemplated. Further, redevelopment of SW 10th Street/Lowson Boulevard is limited to 80' 4-lanes, east of Congress and also limited to a 2 lane facility by Transportation Policy A.7.2 west of Congress Avenue. Given the above this modification can be supported. REVIEW BY OTHERS The Planning and Zoning Board considered this text amendment to the Land Development Regulations at their August 17, 2009 meeting and unanimously recommended approval. RECOMMENDATION By motion, approve on first reading the Ordinance to amend LDR Section 4.3.4(H)(6)(c) to relocate the eastern boundary of the Combined Building and Landscape setback requirement from SE 6th Avenue to SE 5th Avenue, 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 LDR Section 2.4.5(M)(5), with second reading to occur on September 22, 2009. http://miweb001/AgendasBluesheet.aspx?ItemID=2518&MeetingID=217 9/11/2009 SIEGEL, 1,IPMAN, I]t1NAY, SHEPARD ~ ~/[ISKEL, LI.P THE PLAZA SUITE 801 GARY S. DL7NAY [5 fi E) 368-7700 KENNETH W. LIPMAN 5356 TOWN CENTER ROAD FAX: (561) 368-927.<F BONNIE= MISKEL BOCA BATON, FLQRIDA 33486 JONATHAN L. SHEPARD WWW.SLDSMLAW.COM CAi~L E. SIEGEL SGOTT BAGKMAN LINDA B. LYMAN July 15, 2009 Mr. Paul Darling Planning & Zoning Director City of Delray Beach 100 i~.W.1st Avenue Delray Beach, FL 33444 Re: 7D Bank located at 969 S.F. 5th Avenue ("Property" J Dear Paul: As you know, TD Bank, N.A. ("Bank") has submitted development applications and plans to the City proposing to redevelop the Property with a 3,960 square foot bank that includes a three land remote drive thru facility. The Property is located between the northbound and southbound lanes of Federal Highway in an area of the City that has seen an increased volume of redevelopment during the last several years, Prior to submitting development plans for the Property, the Bank attended pre-application meetings with City staff to discuss an acceptable site design far the proposed bank building. The Bank's initial proposal for the Property located the bank building central to the site with vehicular circulation and parking on all four sides of the proposed building, However, considering the recent redevelopment pattern in the vicinity of the Property, the Bank received direction from the City to relocate the bank building so that it fronts directly on both S.E. 5t" Avenue and S.E. 10t" Street. Indeed, on the very same block as the Property, both the northeast and northwest corners have recently been redeveloped with #inancial institutiasls and office buildings that (rant directly on the adjacent rights-af-way. In addition, the existing commercial building located east of the Property an the same city block fronts directly on the adjacent rights-of-way. As a result of this pre-application meeting the Bank redesigned the Property to a more urban setting with the bank building located on the street and a proposed three lane remote drive thru. The City's Land Development Regulations, however, currently require a 30-foot setback from S.E. 10t" Street that precludes the Bank from locating the bank building in the desired location. In conjunction with the Bank's redevelopment of the Property, please accept this letter as a formal request to amend the text of Section 4.3.4(H)(6)(cJ of the City's Land Development Regulations as follows (the proposed amended LDR Section is shown below in ~+.;E. and underline format): Section 4.3.4(HJ{6J(cJ Combination Building and Landscape Setbacks: Within the following special setbacks, no structures shall be altered, erected, or __ _... _. ~. ,. reconstructed. Further, within the first ten feet (1fl') thereof there shalk be no paving except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. • Along South 10t" Street and Lawson Boulevard, extending from SE ~a' S`" Avenue to Military Trail, a thirty foot (3fl') special combination setback shall be provided. Although the EDR's require the 30 foot setback noted above from S.E. 6t" Avenue west to Military Trail, the existing property configuration in this area will preclude application of this 30 foot setback to the property immediately east of the Property that is currently development with a small commercial paint store. Far one, this adjacent property is a small parcel (82' x 122'} developed only with the existing building and minimal landscaping, all of which front directly on S,E. 6t" Avenue and S.E. 10t" Street. In addition, this adjacent property can only be accessed internal to the site and only has ownership over four parking spaces (although access and parking are otherwise accommodated through cross-access and parking agreements with adjacent parcels). Application of the currently required 30 foot setback would render the adjacent parcel unbuildable, as it would reduce the overall width of the site from 82 feet to 52 feet without taking any other required setbacks or additional development regulations into consideration. It is important to this request that the City has already determined that the 30 feet is not necessary for right-of-way expansion along S.E. 10t" Street. In addition, the proposed development plans for the Property have been designed to accommodate pedestrian connectivity throughout the Property and adjacent sites north and south ofi Federal Highway. The landscaping plans have also been designed consistent with the existing landscaping pattern along Federal Highway. As a result of the foregoing, this request is in harmony with the goals of the City and the existing development pattern along S.E. 5~" Avenue and S.E. 6t" Avenue. The City has an established urban development pattern in this area of the City and this proposed text amendment simply relocates the 30 foot landscape buffer requirement one block west. Following your review of the fioregoing, please initiate the review process to place this request on an upcoming City Commission agenda for consideration. in the event you have any questions or require additional information regarding this request, please do not hesitate to contact me at (561 237-1537. Sin Backman, Esq. PLANNING AND: ZONING BOARD`MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 17, 2009 AGENDA NO.: IV.A. AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR} SECTION 4.3.4(H}(6}(c) [COMBINATION BUILDING AND LANDSCAPE SETBACKS] TO MODIFY THE BOUNDARIES OF THE AREA SUBJEGT TO THIS SPECIAL SETBACK REQUIREMENT. ITEM B~'FOR~ THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to LDR Section 4.3.4(H){6)(c) (Combination Building and Landscape Setbacks]. The amendment is to modify the boundaries of the area subject to this special setback requirement. The existing boundaries are aiang South 1 Dt" Street and Lowson Boulevard, extending from SE 6t" Avenue (northbound Federal Highway) to Mili#ary Trail. It is noted that properties within this area are required to provide a 3D-foot setback for structures. Further, within the first 10 feet a special landscape area must be provided that excludes paving except for driveways and sidewalks that lead to structures on the property. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The applicant has submitted a site plan application to build a bank with drive through facilities at the northeast corner of SE 5t" Avenue and SE 10i" Street. During the site plan review process it was identified that the proposed bank encroached into the 30-foot building (combination) setback. While the required 1 D' minimum landscape setback was provided the structure was proposed at a 14' setback line. In order to allow the proposed placement of the bank in the desired location, the developer has submitted the Land Development Regula#ion text amendment to modify the applicable regulations, Pursuant to LDR Section 2.4,5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations that would apply to three parcels including the Walgreen's property on the south side of SE 1 D~" Street, the Sherwin Williams store property at the northwest corner of SE 6t" Avenue and SE 10t" Street, and the bank site noted above. LDR TEXT AMENDMENT ANALYSIS __,~ The following is a verbatim excerpt from a justification narrative submitted by the applicant: Planning and Zoning Board Staff Report, August 17, 2009 LDR Text Amendment _ Combination Building and Landscape Setbacks "...Although the LDR's require the 30 foot setback Holed above from S.E. 5m Avenue west fo Military Trail, the existing property configurafion in this area will preclude application of this 30 faof setback to the property immediately east of the Property that is currently development with a small commercial paint stare. For one, this adjacent property is a small parcel (82' x 122) develo~ed only with the existing building and minimal landscaping, a!I of which front directly on S.E. 6 h Avenue and S.E. 10"' Street. In addition, this adjacent properly can only be accessed internal to the site and only has ownership over four parking spaces {although access and parking are otherwise accommodated through cross-access and parking agreements with adjacent parcels). Application of the currently required 30 foot setback would render the adjacent parcel unbuildable, as it would reduce the overall width of the site from 82 feel to 52 feet without faking any other required setbacks or additional development regulations info consideration..." While this method of achieving compliance with the code (modifying the LDRs} is neither encouraged nor normally supported, in this particular case it appears to have meri#. More recently, with new development between SW 5'" Avenue and SW 6'" Avenue south of Atlantic Avenue, staff has encouraged moving buildings up to the street and placing the parking to the rear. It would appear that this parcel should more appropriately be developed along this development theme rather than one which provides greater setbacks applicable to a development theme envisioned for SW 10t" Street going west to Military Trail. In addition, the 30-faof special building setback has an adverse impact on the existing Sherwin Williams property given the relatively shallow parcel depth (82 feet}. This setback reduces the future redevelopment area of this property to 52 feet deep {30' side street, 0' side setback}. It is noted that the proposed text amendment would result in a side street setback of 10 feet for the subject properties. This setback will be consistent with the 10-foot setbacks for GC {General Commercial) zoned properties located north of this site between the Federal Highway pairs. Consequently, this modification would result in a development pattern that is consistent with the other properties along Federal Highway. Further, one of the primary goals of the special combination 30' setback for SW 10'" StreetlLowson Boulevard was to assure that structures were appropriately setback to minimize impacts should future expansion of SW 10'" Street be necessary. SW 10'" Street has been improved east of Congress Avenue and no further expansions are currently contemplated. Further, redevelopment of SW 10'" StreetlLowson Boulevard is limited to 80' 4-lanes, east of Congress and also limited to a 2 lane facility by Transportation Policy A.7.2 west of Congress Avenue. Given the above this modification can be supported. LDR Section 2.4.5 M 5 Findin s : Pursuant to LDR Section 2.4.5(M}(5] [Findings], in addition to LDR Section 1.'1.6(A], the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. 2 Planning and Zoning Board Staff Report, August t7, 2009 LDR Text Amendment -Combination Building and Landscape Setbacks REVIEW BY OTH1=R5 _2 _.: - -- The proposed text amendment was not reviewed by the CRA (Community Redevelopment Agency} or DDA (Downtown Development Authority}. Further, special courtesy notices were not transmitted to homeowner or civic associations given the specific nature of the proposed text amendment. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CQNCLUSION The proposed text amendment relocates the eastern boundary of the combination building and landscape setback area from SE 6'" Avenue to SE 5'" Avenue. The special setbacks have an adverse impact on the Sherwin Williams property and are not consistent with the neo-traditional design that is desired in the downtown and that has been promoted on properties immediately to the north. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). ~- AhTERIVATIVE ACTIONS A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to LDR Section 4.3.4(H)(6)(c) to relocate the eastern boundary of the Combined Building and Landscape setback requirement from SE 6'" Avenue to SE 5'" Avenue, 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 LDR Section 2.4.5(M)(5}. C. Move a recommendation of denial to the City Commission for the text amendment to LDR Section 4.3.4(H)(5}(c) to relocate the eastern boundary of the Combined Building and Landscape setback requirement from SE 6'" Avenue to SE 5'" Avenue, based on a failure to make positive findings of fact and law contained in the Staff Repor# and finding that the request is inconsistent with the Comprehensive Plan and does meets the criteria set forth in LDR Section 2.4.5(M}(5}. R'ECOMME'NDI~D ACTION Move a recommendation of approval to the City Commission for the text amendment to LDR Section 4.3.4(H)(6}(c} to relocate the eastern boundary of the Combined Building and Landscape setback requirement from SE 6'" Avenue to SE 5'" Avenue, 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 LDR Section 2.4.5(M}(5}. Attachments: • Proposed Ordinance • Applicant's Justification Statement • Location Map 3 S.E. w Q W Q i Q ST. a ~ r ~ = ~ ~- S.E . 9TH ST. Z = ~ ~ ~ ~ W W ~ cri w c~i U~ ~ S.E. 10TH ST. w ~ U z m ~ U ~ FT1 U _ _ ~ S.E. 8TH ST. S.E.8TH ~ C T. I-- S.~. 9TH ST cri , _ ~~ N '` ; , S~B~E°T PR°P~RTY SOUTH ~ OTH STREET - i+~A~'i1 ~ PLANNING AND ZONING ~~~ Sic ~~a~ DEPARTMENT -- DlG1TAL SA5£ MAP SYSTEM -- ATIQN MAP MAP RfnF: U:\AutoCod\Mark\South 101h SSree4 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: September 21, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE NO.55-09 ITEM BEFORE COMMISSION City Commission is requested to give consideration to Ordinance 55-09 amending Chapter 96 to provide for fees to be charged by the Delray Beach Fire-Rescue Department for Fire Safety Community Education; such fees to be set by Resolution. BACKGROUND This action will provide for fees to recover the cost of specially trained certified instructors and technicians required to deliver these programs. The funding has been cut from the fire-rescue budget. The Community Education Programs include: Cardio Pulmonary Resuscitation (CPR) Training -The Fire Department proposes to raise the current fee of $25.00 per student to $45.00 per student. Child Pasenger Safety Seat Program -The Fire Department proposes to establish a new fee of $50.00 per installation for this program. The City Attorney's office has prepared the necessary Ordinance for consideration by the City Commission. The Ordinance authorizes the above fees to be set by Resolution; a Resolution will be prepared to coincide with second reading of the Ordinance on October 6. RECOMMENDATION That the City Commission consider for adoption the recommendations of the Fire-Rescue Staff and approve the ordinance. ORDINANCE N0.55-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY ENACTING SECTION 96.11. "FIRE SAFETY COMMUNITY EDUCATION", TO PROVIDE FOR VARIOUS FEES FOR FIRE SAFETY COMMUNITY EDUCATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.11, "Fire Safety Community Education', of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follow: The Fire Deparhnent may charge a fee for various Fire Safety COnlrrlulllty E ducation Services including but not limited to, the following. CPR classes and child safety seat checks. All fees for fire safety community education services shall be set by resolution. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. MAYOR ATTEST: CITY CLERK First Reading Second Reading